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

Xawrence Xibrari? 



PEPPERELL. 



^o- 345010 

No book shall be kept from the Library 
more than two weeks at one time under pen- 
alty of one cent per day for each day of de- 
tention; a book may be renewed once, but 
not more than once. 

All books shall be returned to the Library 
on or before the 21st day of February, annu- 
ally, under penalty of 25 cents for each book 
not returned. 

Borrowers may take two books at the same 
time, provided no more than one of them 
shall be a work of Fiction. 

Special attention Is called to the following Law 
of our Commonwealth : 

" Whoever wilfully and maliciously writes up- 
on, injures, defaces, tears or destroys any book, 
plate picture, engraving or statue belonging to 
any Law, Town, City or Public Library, shall be 
punished by a fine not less than five dollars, nor 
more than one thousand dollars for each offence." 



ACTS 




AT/TD 



RESOLVES 



PASSED BY THE 



General dfourt of J^asjiarltttsctts, 



IK THE TEAR 

■ 189t, 

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. i 



PUBLISHED BT THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1897. 



A CONSTITUTION 



OB 



FORM OF GOVERNMENT 



FOR THE 



Commdnto^altb oi MassarbusBtls. 



PKEAMBLE. 

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

The body politic is formed by a voluntary association Body pontic, 

i?*j'*ii 'j. ' ' ^ J.1 1*1 J.1 11 how foniK'd. 

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

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



CONSTITUTION OF THE 

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

MONAVEALTH OF MASSACHUSETTS. 



PART THE FIRST. 

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

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

aUmTn."^ ^° Certain natural, essential, and unalienable rights ; am^ng 
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. 
R'g'it nnd (inty jj^ It is the right as well as the duty of all men in 
Kioufl worship, society, pu])licly, and at stated seasons, to worship the 
the°reTn.'°" SuPREME Being, the great Creator and Preserver of the 
i2^Aiien!i29. miivcrse. 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, ju. T^s the happincss of a people, and the good order 

Art. a1. flubmi- _ "- , /» • "i j j • Vi i n 

tuted for this, and prcscrvation or 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 

LcRiBiatjire cm. instructions in piety, relis^ion, and morality: Therefore, 

nowtTGCi to com- ** ' cd ' •/ ' 

pel provision for to pi'omote tlicir happiucss, and to secure the good order 
''"^'"^^^'*" P, ^j^j 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 eases where such 
provision shall not be made voluntarily. 

And the people of this commonwealth have also a right attTn'diDce"^^''' 
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- giourte'r^era' 
ties, shall, at all times, have the exclusive right of electing «^'="''^^- 
their pulilic teachers, and of contracting with them for 
their support and maintenance. 

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

And every denomination of Christians, demeaning them- Aiidenomina. 
selves peaceably, and as good subjects of the commonwealth, protected! ^ 
shall be equally under the protection of the law : and no li^oVdlnation 
subordination of any one sect or denomination to another anotherm-J ° 
shall ever be established by law.] hiwted. 

IV. The people of this commonwealth have the sole Right of seif. 

1 1 ' • 1 1. e 'j^i 1 I? government 

and exclusive right ot governing themselves, as a tree, iecured. 
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 ^/ffj^o^fficere^ 
being derived from them, the several magistrates and etc 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. No man, nor corporation, or association of men, services ren. 
have any other title to obtain advantages, or particular puwic bein| the 
and exclusive privileges, distinct from those of the com- pecuUaiVrivi. 
munity, than what arises from the consideration of ser- t^fy^^j^c'^J^are 
vices rendered to the public : and this title beino^ in absurd and 

.., , ,. '^ . ••11^ 1 •! 1 unnatural. 

nature neither hereditary, nor transmissible to children, 
or descendants, or relations by blood, the idea of a man 



CONSTITUTION OF THE 



Objects of gov- 
ernraent; right 
of people to 
Institute and 
change it. 



Right of people 
to secure rota- 
tion in office. 



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

Taxation found- 
ed on consent. 
16 Mass. 326. 
1 Pick. 418. 
T Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 164. 
1 Allen, loO. 
4 Allen, 474. 

Private prop- 
erty not to be 
taken for public 
uses without, 
etc. 

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



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

VII. Government is instituted for the common good ; 
for the protection, safety, prosperity, and happiness of the 
people ; and not for the 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 with 
authority from becoming oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish by their frame of government, to cause their 
public officers to return to private life ; and to fill up 
vacant places by certain and regular elections and appoint- 
ments. 

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments. 12.2 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 -\Ilen, 150. 

11 Allen, 530, 

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



103 Mass. 120, 624. 
106 Mass. 356, 362. 
108 MaHS. 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. 509. 



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



XI. Every subject of th« 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 oflfence, until the same is fully and plainly, substantially, s^pTck^lfii. 
and formally, described to him ; or be compelled to accuse, Jg pick! 434. 
or furnish evidence against himself. And every subject f-^ll^^2Q^- 
shall have a right to produce all proofs that may be i2Curfi. -246. 
favorable to him ; to meet the witnesses against him face 5 Gray', I'm. 
to face, and to be fully heard in his defence by himself, loGmyfii.' 
or his counsel, at his election. And no subject shall be "j^ien^/gt^' 
arrested, imprisoned, despoiled, or deprived of his prop- ^oA^64°'439^' 
erty, immunities, or privileges, put out of the protection 473! 
of the law, exiled, or deprived of his life, liberty, or 97 Mass.'57'o,* 
estate, but by the judgment of his peers, or the law of ^ooMass. 287, 

the land. 103 Mass. 418. 

107 Mass. 172, 180. Jl8 Mass. 443, 451. 122 Mass. 832. 127 Mass. 550, 554. 

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

And the legislature shall not make any law that shall ?'sht to trial by 

o . , . ^ "^ . , jury in criminal 

subject any person to a capital or infamous punishment, cases, except, 
excepting for the government of the army and navy, with- 8 Gray, 329, 373. 
out trial by jury. ^ _ 103 Mass. 4i8. 

Xni. In criminal prosecutions, the verification of facts, Crimes to be 
in the vicinity where they happen, is one of the great- ?ic*inity!° 
est securities of the life, liberty, and property of the i2rMas8!*6i, 62. 
citizen. 

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

^^ 3,11(1 B61ZUr6 

unreasonable searches, and seizures, of his person, his regulated. 
houses, his papers, and all his possessions. All warrants, Amencrtiv. ' 
therefore, are contrary to this right, if the cause or founda- 5 cusii^seg. 
tion of them be not previously supported by oath or affir- I^q^I' \^^ 
mation, and if the order in the warrant to a civil officer, to loAiien, 403. 

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

make search m suspected places, or to arrest one or more 139. 
suspected persons, or to seize their property, be not accom- 273.^*^*' '^^' 
paniedwith a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

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

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

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

which it has heretofore been otherways used and practised, Amend*'t vii."' 

the parties have a right to atrial by jury ; and this method 7Pi'ck.|66.' 

of procedure shall be held sacred, unless, in causes arising l^^^^'li^- 

ii'i 11 1 • ^ Gray, 373. 

on the high seas, and such as relate to mariners wages, n Alien, 574, 
the legislature shall hereafter find it necessary to alter it. 102'MaBs. 45, 



114 Mass. 388, 390. 122 Mass. 605, 516. 125 Mass. 182, 188, 
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600. 



8 



CONSTITUTION OF THE 



Liberty of the 
preaa. 



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



Moral qualifica- 
tions for office. 



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



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



Power to sus- 
pend the laws or 
their execution. 



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation found 
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 be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piet}^ justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives ; and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
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 law^s, 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 IVIASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex post facto 
the existence of such laws, and which have not been de- i2^Anenf42i?^' 
clared crimes by preceding laws, are unjust, oppressive, 424,428,434. 
and inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in any case, or in any time, Legislature not 
to be declared guilty of treason or felony by the legisla- t^easC^'^etc! 
ture. 

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

, ., ^ .. . • n ' n- . fanes, and cruel 

excessive bail or sureties, impose excessive tines, or inflict punishments, 

1 ^ • ^ 1. prohibited. 

cruel or unusual punishments. 5 Gray, 482. 

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

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

XXIX. It is essential to the preservation of the rights judges of su- 
of every individual, his life, liberty, property, and charac- ?ourt! ^"**'"'*^ 
ter, that there be an impartial interpretation of the laws, jQ^^ay^Jvi 
and administration of justice. It is the right of every ^Aiien, 591. 
citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore, Tenure'of their 
not only the best policy, but for the security of the rights °^'^®* 

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

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive cfaranrieils.'" 
and judicial powers, or either of them : the executive shall J^g^f^'^^P'''''" 
never exercise the legislative and judicial powers, or either 2 cush. 577. 
of them: the judicial shall never exercise the legislative s Alien,' 247 ,'253. 
and executive powers, or either of them: to the end it 286.^''^^' "^"' 
may be a government of laws and not of men. 114 Mass. 247, 

116 Mass. 317. 
129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

The people, inlialjiting 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. 



Governor'sveto. 
9'J Mass. 636. 



Bill may be 
passed by two- 
thirds of each 
house, notwiih- 
standiug. 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 

The General Court. 

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

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

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, 
until it shall have l)een laid before the governor for his 
revisal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But if 
he have any objection to the passing of such bill or resolve, 
he shall return the same, together with his objections there- 
to, in writing, to the senate or house of representatives, in 
whichsoever the same shall hove 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 ol)jcctions, 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 

tlie votes of both houses shall be determined by yeas and 
nays ; and the names of the persons voting for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealth. ^"ca^se^oFad'* 

And in order to prevent unnecessary delays, if any bill joummeutof 
or resolve shall not be returned by the governor within coun'^wuhin 
five days after it shall have been presented, the same shall leefmlud^^' 
have the force of a law. Ss^.te':; ^' 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and "idLatorTe's"'^ 
courts of record, or other courts, to be held in the name courts of record, 
of the commonwealth, for the hearing, trying, and deter- i2^^J'-'i47 
mining of all manner of crimes, offences, 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 iudicatories are hereby given and courts, etc., 

^, •' . „ . ^ ^ . may administer 

granted lull power and authority, irom tmie to tmie, 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 Ttcf ^"^'^ ^^^' 
time to make, ordain, and establish, all manner of whole- 4 Aifen'.liTy. 
some and reasonable orders, laws, statutes, and ordinances, 12 Alien, 223, 
directions and instructions, either with penalties or with- 190 Mass. 544, 
out ; so as the same be not repugnant or contrary to this iieMass. 467, 
constitution, as they shall judge to be for the good and 

welfare of this commonwealth, and for the government iJ^g^^icTnoi 
and ordering thereof, and of the sul)iects of the same, and repugnant to 

jy ,, ^ . 1 1 ^ /» XT 1. the constitution. 

tor the necessary support and deience ot the government e Alien, sos. 
thereof; and to name and settle annually, or provide by , may provide 

■ ... for the election 

fixed laws for the naming and settling, all civil officers or appointment 
within the said commonwealth, the election and consti- ii5°Ma8"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 

ta^s^e'™.^"*" this constitution ; and to impose and levy proportional 
i2MaB8. :^2. and reasonable assessments, rates, and taxes, upon all the 
6 Allen; 658.' inhabitants of, and persons resident, and estates lying, 
id^lnenrtiso. ' within the said commonwealth ; and also to impose and 
12 Allen,' 7^223, l^vy rcasouablc duties and excises upon any produce, 
5^'???'qI^'^' ffoods, wares, merchandise, and commodities, whatsoever, 

800, 312, 313, 500, n ',' ' '. ... 

812. brought into, produced, manuiactured, or beinof within 

98 Mass 19. ^ . . 

100 Mae's. 285. the samc ; to be issued and disposed of by warrant, under 

101 Mass. 5,0, ^j^^ ]iand of the governor of this commonwealth for the 
114 Mass] 388,' tiiiic bciiig, with the advice and consent of the council, 
iie'Mass 461 ^^^ ^^^^ public service, in the necessary defence and sup- 
118 Mass. 38(5, port of tlic govcmment of the said commonwealth, and 
123 Mass. 493, the protcctiou and preservation of the subjects thereof, 
i27'Ma89. 413. accordiug to such acts as are or shall be in force within 

the same. 
ta™etyi"!!*to%e And whilc the public charges of government, or any 
diepoaed of for p^i't thcrcof, sliall be a^sscsscd on polls and estates, in the 

defence, protec- i iii-i ^ • i • i 

tion, etc^ ^ manner that has hitherto been practised, in order that 
vaiuati'on of' ' sucli asscssmcuts may be made with equality, there shall 
fen^yearsl'^at*'' bc a valuatiou of cstatcs withiii the commonwealth, taken 
8^Anen,*24^7'.^'°' '11^6 w oucc ill cvcry ten years at least, and as much oftener 
126 Muss. 547. as tlic fjeiieral court shall order. 

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



CHAPTER I. 
Section II. 

Sejiate. 

ora^nd'bywlom ARTICLE I. [Thcrc sliall bc annually elected, by the 
I'ected. freeholders and other inhabitants of this commonwealth, 

araendments, qualified as in this constitution is provided, forty persons 
whicii was'aiso to 1)6 councilloi's and senators for the year ensuing their 
ara^'endmemB'',^ clectioii ; to be choscu by the inhabitants of the districts 
Art. XXII. {^^Q 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 
uTco^undiioM *' timely make known to the inhabitants of the common- 
eee amend. Wealth the limits of cacli district, and the number of coun- 
XVI.' ' 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 
until the general court shall determine it necessary to etc. 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Suffolk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

II. The senate shall be the first branch of the legisla- Manner and 
ture ; and the senators shall be chosen in the following man- ee'^ato^ra an°d*"'^ 
ner, viz. : there shall be a meeting on the [first Monday in amendHfe^ts^^^ 
April,] annually, forever, of the inhabitants of each town Arts. x. and 
in the several counties of this commonwealth ; to be called to cities, see 

1.11. 1 1 • 1 /y ^ A amendments, 

by the selectmen, and warned in due course oi law, at Art. ii. 
least seven days before the [first Monday in April,] for quaufiiationsof 
the purpose of electing persons to be senators and coun- ggdedb^amend 
cillors ; [and at such meetings every male inhabitant of ?\'i^^^ ^'■'''• 
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, tYnT" djfined!" 
shall have a riiilit to give in his vote for the senators for see aiso amend. 
the district of which he is an inhabitant.] And to remove xxiii., which 
all doubts concerning the meaning of the word " inhabit- An.xxvi. ^ 
ant" in this constitution, every person shall be considered 122 Mass. 595, 
as an inhabitant, for the purpose of electing and being ^®'" 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall T)reside at selectmen to 

, ,. . ,•!! Till •! preside at town 

such meetmgs impartially ; and shall receive the votes meetings. 
of all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk, Return of votes 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by As to cities, see 
the selectmen and the town clerk, and shall be sealed up, A^t^ih^'^ *' 
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. 
Seeameud- 
ments, Art. X. 



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



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



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



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



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

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
])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 wdiere 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 shidl 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 AYednesday 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 suimiions to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution ; and shall, [on the said F^g^gt'^^^"?®*' 
last Wednesday in May] annually, determine and declare day of January 
who are elected by each district to be senators [by a ^yj^'^°''™^°'»« 
majority of votes ; and in case there shall not appear to ^a^ge'd to 
be the full number of senators returned elected by a ^^endmenfs 
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 J{1^^^'^'^^^' ^°^ 
senators sufficient to fill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in pe%)ie? ^ 
every district of the commonwealth ; and in like manner me^nt^Art. 
all vacancies in the senate, arising by death, removal out ^^iv. 
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 propenyquaii- 
in his own right of a freehold, within this commonwealth, fgl^ed?" ''^"^ 
of the value of three hundred pounds at least, or possessed ^'g^Qt^^rt 

of personal estate to the value of six hundred pounds at xrii. ' 
least, or of both to the amount of the same sum, and] who vision Lfo*^^™ 
has not been an inhabitant of this commonwealth for the a^so'^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 u thanYwo^ajTs. 
time. 

Vn. The senate shall choose its own president, appoint .. ^^iH choose 

, , ^ . ^ f; ■'^ Its ofticers and 

its own oihcers, and determme its own rules of pro- establish its 

1 . ■*• rules. 

ceedings. 

Vni. The senate shall be a court with full authority . shaiitryaii 
to hear and determine all impeachments made by the ^""^"^^ """"^ 
house of representatives, against any officer or officers of 
the commonwealth, for misconduct and mal-administration 
in their offices. But previous to the trial of every im- 
peachment the members of the senate shall respectively 
be sworn, truly and impartially to try and determine the Oath. 
charge in question, according to evidence. Their judg- Limitation of 
ment, however, shall not extend further than to removal ^''"'''"''^• 
from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



Quorum. 
See amend- 
mente. Arts. 
XXII. and 
XXXIIl. 



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

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



Representation 
of the people. 



Representa- 
tives, by whom 
chosen. 

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



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
tine in case, etc. 



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



Qualifications of 
a representa- 
tive. 



CHAPTER I. 
Section III. 

House of Representatives. 

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

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

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

And tlie 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 precedinof his election, shall have been aninhab- New proT^sion 
itant of, and have been seised ni his own right ot a tree- se^e^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^abou'' 
the value of two hundred pounds ; and he shall cease to l^^^^gl'i^rr"'^' 
represent the said town immediately on his ceasing to be xiii. 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of J^;;J;^.:'*"^°«°f 
age, and resident in any particular town in this common- ^>fo*u7s™per. 
wealth for the space of one year next preceding, having a ^^^^^^4^^^ 
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, xxxi. and 
shall have a right to vote in the choice of a representative geS^o amend- 
or representatives for the said town.] xxiii.f^hich 

V. [The members of the house of representatives shall was anmiiied by 
be chosen annually, in the month of May, ten days at least RepVeeentai 
before the last Wednesday of that month.] choBenT^'" 

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. ^^. . 

Vn. All money bills shall originate in the house of „a°raiimonfy 
representatives ; but the senate may propose or concur ^'"^" 
with amendments, as on other bills. 

VIII. The house of representatives shall have power ^°l.e'°thaftwo 
to adjourn themselves ; provided such adjournment shall ^ays. 

not exceed two days at a time. Quomm. see 

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

X. The house of representatives shall be the judge of ^etu^gfete., of 
the returns, elections, and qualifications of its own mem- "ersiro'^hTOse 
bers, as pointed out in the constitution ; shall choose their >'«o^.'=l''?,^°'i 

1 • 1 • tY' 1 i.xi J.1 establish its 

own speaker; appomt then' own onicers, and settle tne rules, etc. 
rules and orders of proceeding in their own house. They ^r^P^a-u^ 
shall have authority to punish by imprisonment every if^^^^^-^ 026. 
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 



CONSTITUTIOX OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punisli. 

General limita- 
tion. 
U Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

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

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

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



Governor. 



His title. 

To be chosen 
annually. 
QualilicatioDB. 
[See amend- 
ments, Arte. 
Vll.and 
XXXIV.] 



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

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



CHAPTER II. 

EXECUTIVE POWER. 

Section I. 
Governor. 

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

II. The governor shall be chosen annually ; and no 
person shall be eligible to this office, unless, at the time of 
his election, he shall have 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.] 

IH. 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 his name ; and shall make a fair 
record of the same in the town books, and a public decla- As to ciues, see 

/.. ., . Till- amendments, 

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

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

attested by him and the selectmen, and transmit the same 

to the sherifl' of the county, thirty days at least before the 

[last Wednesday in May] ; and the sheriff shall transmit Time changed 

bu 4. 4-1. 4. ■> m 4- 1 4. 1 1. ^° fl""** Wednes. 

the same to the secretary s oince, seventeen days at least day of January 
before the said [last Wednesday in May] ; or the select- aIu'x" ™'^"'^' 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May], to be by them changed to 
examined ; and [in case of an election by a majority of all amendmenfs, 
the votes returned], the choice shall be by them declared ^''-^i^- 
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 governo?and 
councillors of this commonwealth for the time being ; and '=°"°"'- 
the governor with the said councillors, or five of them at 

least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affliirs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have May adjourn or 
full power and authority, during the session of the gen- gene^fTcJun 
eral court, to adjourn or prorogue the same to any time and°onwnf ' 
the two houses shall desire ; fand to dissolve the same on ^^^ «»n^e. 

jl t 1 T IT-lTTT 1 • -\ r -I As to dissolu- 

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



20 



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 he 
comraander-iu- 
cMef. 



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



COMMONWEALTH OF MASSACHUSETTS. 21 

Provided, that the said governor shall not, at any time Limitation. 
hereafter, by virtue of any power l)y this constitution 
granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblioe 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 wdiich they cannot 
otherwise conveniently have access. 

Vni. The power of pardoning otfences, except such ^un^c^mJ'y '^ 
as persons may be convicted of before the senate by an pardon offences, 

except etc 

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 
notwithstanding any general or particular expressions con- 109 Mae8.°323. 
tained therein, descriptive of the oflence or offences in- 
tended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the Judicial offi- 
solicitor-general, [all sheriffs,] coroners, [and registers of nom'inated and 
probate,] shall be nominated and appointed by the gov- Fo?°provt'ion8 
ernor, by and with the advice and consent of the council ; ^f attorae'j"" 
and every such nomination shall be made by the e-overnor, general, see 

•^ , t'^.^ 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 LimiratU)n of 
list of their respective companies, [of twenty-one years bram^d'-^"' 
of age and upwards ;] the field officers of regiments shall ments, Art. v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- nowcommis- 
missioned by the governor, who shall determine their rank. ^'°°^ ' 

The legislature shall, by standinsi; 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 ^^i^alfp^^ed' 
house of representatives, each having a negative upon the gioned"*™'* 
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 



CONSTITUTIOX OF THE 



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



Adjutants, etc., 
how appointed. 



Arm}- ofllcera, 
how appointed. 



Organization of 
militia. 



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



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



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

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

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

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

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

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

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

Xni. As the public good requires that the governor ^^1,^';^°/^ 
should not be under the undue influence of any of the 
members of the general court by a dependence on them 
for his support, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall 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- salaries of jus- 

tices of supreme 

lished by law for the justices of the supreme judicial court, judicial court. 
And if it shall be found that any of the salaries afore- Salaries to be 
said, so established, are insufficient, they shall, from time fnsufficient. 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTER II. 

Section II. 
Lieutenant- Governor. 

Article I. There shall be annually elected a lieuten- Lieutenant- 
ant-governor of the commonwealth of Massachusetts, mufand^iuaufi- 
whose title shall be — His Honor; and who shall be <='^"°°f- '^'^'^ 

. ' aniendmeuis, 

qualified, m pomt of [religion, ] [property, J and residence 4't^vri. 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- ^ ""^"^ ' ^ ^'^*** 



24 



CONSTITUTION OF THE 



Tided for by 
araendmcnte, 
Art. XIV. 



President of 
council. 
Lieulenant- 
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 comr 
monwealth, or otherwise, the lieutenant-governor, for the 
time being, shall, during such vacancy, perform all the 
duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this 
constitution the governor is vested with, when personally 
present. 



Council. 
Number of 
councillors 
changed to 
eight. 

See amend- 
ments, Art. 
XVI. 



CHAPTER II. 

Section III. 

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



Number; from 

whom, and how 

chosen, 

M odified by 

amendments, 

Arts. X and 

xni. 

Superseded by 
amendments. 
Art. XVI. 



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



Article I. There shall be a council for advising the 
governor in the executive part of the government, to 
consist of [nine] persons besides the lieutenant-governor, 
whom the governor, for the time being, shall have full 
power and authority, from time to time, at his discretion, 
to assemble and call together ; and the governor, with the 
said councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the affairs of the commonwealth, accord- 
ins: 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 wnll accept a seat 
in the council, the deficiency shall be made up by the 
electors aforesaid from among the people at large ; and 
the number of senators left shall constitute the senate 
for the year. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

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

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

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 AVednesday in May annu- mutKtc™*''* 
ally, by the two houses of the legislature, may not be 
completed on that day, the said elections may be adjourned 

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

CHAPTER II. 

Section IV. 

Secretary^ Treasurer^ Commissary, etc. 

Aeticle I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] low cWn'!*^ 
naval officers, shall be chosen annually, by joint ballot of fo°^,P^t°In of""^ 
the senators and representatives in one room. And, that ^re^^ndVe'^^''*" 
the citizens of this commonwealth may be assured, from ceiveV-generai, 
time to time, that the moneys remaining in the public auornV-gen^° 
treasury, upon the settlement and liquidation of the pub- ments^A^^""'*' 
lie accounts, are their property, no man shall be eligible ^'^"- 



} 



26 



CONSTITUTION OF THE 



Treasurer in- 
fligiblc for more 
than live buc- 
cesBivc years. 

Secretary to 
keep records; 
to attend the 
tjovernor 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 l>e accountable ; and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 



Tenure of all 
commissioned 
officers to be 
expressed. 
Judicial officers 
to hold office 
durins^ good 
behavior, ex- 
cept, etc. 
But may be 
removed ou 
address. 



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

Justices of the 
peace; tenure 
of their office. 
3 Cuab. 584. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



CHAPTER III. 

JUDICIARY POWEll. 

Article I. The tenure, that all commission officers 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
during good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

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

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

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time 
to time, hereafter, appoint such times and places ; until 
which appointments, the said courts shall be holden at 
the times and places which the respective judges shall 
direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriao;e, divorce, and alimony, and ^^"iage, 

11 in T • 1 c 1 1 II 1 1 -I 1 divorce, and all- 

all appeals trom the judges oi probate, shall be heard and mony. 

determined by the governor and council, until the legis- visions^made 

lature shall, by law, make other provision. 10^5 mIss. 327. 

116 Mass. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

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



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF 

LITERATURE, ETC. 

Section I. 

27^6 University. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, ^°"®se. 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
GoD, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of powers, privi- 
Harvard College, in their corporate capacity, and [hfprlafden! 
their successors in that capacity, their officers and ser- Htlt^I^' 
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 



etc., confirmed. 



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 Cambridge, 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, aW the Said gifts, grants, devises, legacies, and convey- 
ances, are hereby forever confirmed unto the president 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

III. And whereas, bv an act of the ijeneral court ot 
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 

Whosbaiibe asccrtaiu who shall be deemed successors to the said gov- 

overeeers. -, . -, •j.j. -i'Tii 

ernor, deputy-governor, and magistrates ; it is declared, 
1851^224!^'^"'*' that the governor, lieutenant-governor, council, and senate 
1859* 212 °^ ^^^^ commonwealth, are, and shall ]>e deemed, their 

1865,' 173. successors, who, with the president of Harvard College, 

for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, lloxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all tbe 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- 
»he legislature, vcut the legislature of 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. 
AVisdom and knowledo-e, as well as virtue, diffused ffen- r. . ^ , . , 

II iii/»i !!• c -Duty °r logisla- 

erally among the body oi the people, being necessary for tures and magis 
the preservation of their rights and liberties ; and as these future'peHods 
depend on spreading the opportunities and advantages of ^sLmIsW'"" 
education in the various parts of the country, and among fee^a,nend°°'*" 
the different orders of the people, it shall be the duty of ™«^-*j^| ^'''• 
legislatures and magistrates, in all future periods of this 12 Alien, 500- 
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 ^OR 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- amendmeutsf*^ 
gion, and have a firm persuasion of its truth ; and that I Art.vii. 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
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 
otlicers. 



For new oath 
of allegiance, 
666 amend, 
meuts. Art. VI. 



Oath of office. 



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

And every person chosen to either of the places or 
offices aforesaid, as also any person appointed or commis- 
sioned to any judicial, executive, military, or other office 
under the government, shall, before he enters on the dis- 
charge of the business of his place or office, take and sub- 
scribe the following declaration, and oaths or affirmations, 
viz. : 

[" I, A. B. , do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that no 
foreign prince, person, prelate, state, or potentate, hath, or 
ought to have, any jurisdiction, superiority, pre-eminence, 
authority, dispensing or other power, in any matter, civil, 
ecclesiastical, or spiritual, within this commonwealth, ex- 
cept the authority and power which is or may be vested 
by their constituents in the congress of the United States : 
and I do further testify and declare, that no man or body 
of men hath or can have anv rio;ht to absolve or discharije 
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 
fiiithfully and impartially discharge and perform all the 



duties incumbent on me as 



accordinof to 



Proviso. 
Bee ainend- 
tnentH, Art. VI. 



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

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



CO:\IMONWEALTH 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, [^^ Ido 
sicea)-" " and abjure ," " oath or,'' ''■ and abjuration," in the 
first oath, and in the second oath, the words] '■^ swear 
and,'' and [in each of them] the words " So help me, 
God;" subjoining instead thereof, " This I do under the 
pains and j)enalties of perjury ." 

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

No person shall be capable of holdinsf or exercisino^ at ^'^f^f «"^f„*''* 

^ . . , . ^, . * , P , 1 Allen, 553. 

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

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 J'ncompatiWe 

— commissary-general — [president, professor, or instruct- ^^gndments 
or of Harvard College] — sheriff — clerk of the house of ^^^viil ^^^ 
representatives — register of probate — register of deeds vard college 

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



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc 

disqualify. 



same time have a seat in the 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 legislature, or any office of trust or importance under 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or 
corruption in obtaining an election or appointment. 

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

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

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the 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 writ of habeas 
Becured, except, covpus shall be cujoyed in this commonwealth, in the most 

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



Value of money 
aecertained. 



Property quali 
tications may 
be increased. 
See amend- 
ments, Arts. 
Xlir. and 
XXXIV. 



Provisions 
respecting 
commissions 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray. 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 50. 

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



Benefit of 
habeas corpus 



COMMONWEALTH OF MASSACHUSETTS. 33 

Vin. The enacting style, in making and passing all J^'',^/°'''=''°s 
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 melu^conunued 
form of government, all officers, civil and military, hold- "°"'''^^''- 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 

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

X. [In order the more effectually to adhere to the rrovisionfor 
principles of the constitution, and to correct those viola- 8miuk>n.*^°"" 
tions w^hich by any means may be made therein, as well p°ovi^onafto 
as to form such alterations as from experience shall be amendments, 

i , see amend- 

found necessary, the general court which shall be in the ments, ah. 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 etitutiou. 
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 



rroviBion for 
prcHt'iving and 
publishing this 
constitution. 



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



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



General court 
empowered to 
charter cities. 
1-22 Mass. 354. 



Proviso. 
112 Mass. 



200. 



Qualifications of 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
See amend- 
ments, Arts. 
X.KX. and 
XX.\.II. 
11 Pick 538,540. 
U Pick. 341. 
14 Mass. 307. 
5 Met. 162,298, 
591, 594. 
7 Gray, 299. 
122Ma8S.595,597. 
124 Mass. 596. 



ARTICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, 
and not approved by the governor ; and if the general 
court shall adjourn within five days after the same shall 
have been laid before the governor for his approbation, 
and thereby prevent his returning it with his objections, 
as provided by the constitution, 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 cit}" gov- 
ernments, in any corporate towm 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 tliis commonwealth ; and also eveiy citizen see amend- ' 
who shall be, by law, exempted from taxation, and who Fo°p*rovWonas 
shall be, in all other respects, qualiiied as above mentioned,] h°ave°B^e'rved°in 
shall have a ris^ht to vote in such election of governor, the army or 

O _ O ' navy in time of 

lieutenant-o;overnor, senators, and representatives ; and no war, see amend- 

o ' ' 1 luents Arte 

other person shall be entitled to vote in such elections. xxvi'ii. and 

XXXI. 

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

Art. IV. Notaries public shall be appointed by the Notaries pubnc, 

,1 • T • 1 _aj how appointed 

governor in the same manner as judicial omcers are ap- and removed. 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the 
legislature. 

[In case the office of secretary or treasurer of the com- vacancies in the 
monwealth shall become vacant from any cause, during [L^y Mdft^ea^s^* 
the recess of the general court, the governor, with the ThYs dausf "^'^' 
advice and consent of the council, shall nominate . and superseded by 

, . , -111 amendments, 

appoint, under such regulations as may be prescribed by Art. xvii. 
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 g°ZTai^mly'be 
require the appointment of a commissary-general, he shall gPg^e^'gtg'^' ^"^ 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, by 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- Bubafterns"* """^ 
nies, as well those under as those above the age of twenty- 
one years, shall have a right to vote. 

Art. VI. Instead of the oath of allegiance prescribed by*ai*offic^8.^° 
by the constitution, the following oath shall be taken and lif yi^^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- ^™jj^°- ^^ 
nation called Quakers, and shall decline taking said oath, 



36 CONSTITUTIOxX OF THE 

he shall make his affirmation in the foregoin2^ 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. Art. VII. No oath, declaration, or Subscription, except- 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be required of the governor, lieutenant- 
governor, councillors, senators, or representatives, to qualify 
them to })erform the duties of their respective offices. 
ofoS"^'"'^ Art. VIII. No judge of any court of this common- 
122 Mass. 445, ^vcalth, (cxccpt 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, sherifl', treasurer, and receiver-general, 
register of probate, nor register of deeds, shall continue 
to hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
twmutm^^^° 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- 



COMMOIS^ WEALTH OF MASSACHUSETTS. 37 

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

Art. X. The political year shall begin on the first of^TSi^Tr 
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, t^nd 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 and termination, 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general court from assemblins: at such other times as 
they shall judge necessary, or when called together by tho 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first A^ednesday of January, and until 
others are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- Meetings for the 
governor, senators, and representatives, shall be held on emor. ueuten. 
the second Monday of November in every year ; but meet- etc. f when "to be 
ings may be adjourned, if necessary, for the choice of Thfs' clause 
representatives, to the next day, and again to the next a^n'dme'iusf 
succeeding day, but no further. But in case a second -^i^t- ^v. 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other officers or persons whatever, that 
have reference to the last Wednesday of May, as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of f^>^ll'^^^l^° 
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. 



Inconsistent 

provisions 

annulled. 



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



122 MasB. 40, 41. 



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



election of the governor, lieutenant-governor, senators, and 
representatives, to be had in virtue of this article, .shall 
be had conformably thereunto, in the month of Noveml)er 
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 
rio;hts, 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 ofiice, in such manner as the legislature shall pro- 
vide, within the month of May, in the year of our Lord 
one thousand eight hundred and thirty-seven, and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 
ble polls at the last preceding decennial census of polls, 
may elect one representative, and for every four hundred 



COMMONWEALTH OF MASSACHUSETTS. 39 

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

Any town having less than three hundred ratable polls Towns having 
shall be represented thus : The whole number of ratable rltlbii'poiie, 
polls, at the last preceding decennial census of polls, shall ^o^v 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 Fracuons.how 

J >j p .1 11^11 represented. 

one or more representatives, with any number or polls 
beyond the necessary number, may be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional represen- 
tative as 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 
may, by consent of a majority of the legal voters present sentative^du?'^ 
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 dete?m"ine\he 
Lord one thousand eight hundred and thirty-seven, accord- ^^g'^tltivL'^to* 
ing to the foregoing principles, the number of representa- ^^'n^'ig^entitied. 
tives, which each city, town, and representative district is 
entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many years within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion 
years, thereafter, by the governor and council, and the "n'c" in evVi^" '' 
number of ratable polls in each decennial census of polls, t«°y«^''*- 
shall determine the number of representatives, which each 
city, town and representative district may elect as afore- 
said I and when the number of representatives to be elected 



40 



CONSTITUTION OF THE 



Inconsisteut 

provisions 

annulled. 



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

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



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



Small towns, 
how repre- 
sented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



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

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

Art. XIII. [A census of the inhabitants of each city 
and town, on the first day of May, shall be taken, and 
returned into the secretary's 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. 122 Mass. 595. 

The several senatorial districts now existing shall be 
permanent. The senate shall consist of forty members ; 
and in the year one thousand eight hundred and forty, 
and every tenth year thereafter, the governor and council 
shall assisin 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 sliall be entitled to elect a representative as many 
times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for 
the year in which the valuation of estates within the com- 
monwealth shall be settled. 

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



COMMONWEALTH OF MASSACHUSETTS. 41 

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

> 1 ■ j_ j^' 1 J.1 • • sentation, and 

to elect one representative, and the mean mcreasmg man- 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 oovernor and The governor 

•iiiii/» If 1 f r^ 1 • and council to 

council shall, beiore the nrst day or September, apportion apportion the 
the number of representatives which each city, town, and res^ntatives^of 
representative district is entitled to elect, and ascertain fu'eve?7ten'^''^ 
how many years, within ten 3'ears, any town may elect a ^'*^^'"®' 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the tirst Wednesday of January, the'^peop^e 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 councillors 

1 II 1 • Ti Z!ii superseded by 

shall, as soon as may be, in like manner, nil up any vacan- amendments, 

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

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

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

term of 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 ^uaHtic!ftion*for 
be required as a qualification for holdins; a seat in either a seat in general 

, 1 /» j_i 1 I • J 1 1- •! court or council 

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

Art. XIY. In all elections of civil oflicersby the peo- Elections by the 
pie of this commonwealth, whose election is provided for pu^nauty 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 IrnorTnd ifgiV- 
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 etate. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

For new pro- 
vision as to 
vacancies, see 
amendments, 
XXV. 



Organization of 
the government. 



Art. XVI. Eight councillors shall l)e 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 
thcreafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ino" any town or ward of a city, and each entitled to elect 
one councillor -.provided, however, that if, at anytime, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legisla- 
ture. No person shall be eligible to the office of council- 
lor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 
tion. The day and manner of the election, the return of 
the votes, and the declaration of the said elections, shall 
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 AVednesdny 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- Eiectiouof 
general, auditor, and attorney-general, shall be chosen urerfrudito'r?*' 
annually, on the day in November prescribed for the |enerai°by7he 
choice of governor ; and each person then chosen as such, people. 
duly quaiitied 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 ijovernor. In case of a failure to elect Y,^'^^^'^^^^' **""' 
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'themise^office 
after he could otherwise enter upon his duties, to qualify vac^ant.'^'^'"^'^ 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabit- ^^^ 
ant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and pned for secta. 
all moneys which may be appropriated by the state for Kororigu°a'i' 
the support of common schools, shall be applied to, and ^'ehTO^l? s(fe '° 
expended in, no other schools than those which are con- £,o"f"y"°°:„, 

IT T 1 II 1 1 .lj Part First, ^rt. 

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



44 



CONSTITUTION OF THE 



12 Allen, 500, 

608. 

i03 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 txray, 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- 
Bentatives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



ence of the aiithoritios of tho town or city in wbieli the 
money is to l)e ex[)endecl ; jind such moneys sliall never 
be a})pro[)ri;ited to any religious sect for the maintenance, 
exchisively, of its own school. 

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sheritis, 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. 

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

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 s})ecify 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 authorized t"'^ 

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

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 Sufiblk, 

such board of special commissioners in each county, to 

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

therein, as may for that purpose be provided by law, — 

shall, on the first Tuesday of Auo;ust next after each ^r^etingfor 

. ' . •^ O divisiou to ba 

assio'nment of representatives to each county, assemble at first Tuesday 
a shire toTvn 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 Quauficatioas of 
his election, shall have been an inhabitant of the district i22Ma^s°.*595r 
for which he is chosen, and shall cease to represent such ^^^' 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- des^ribe^d and 
tion of each, with the numbers thereof and the number of '='^"'^^'^* 
legal voters therein, shall be returned by the board, to the 
secretary of the commonwealth, the county treasurer of 
each county, and to the clerk of every town in each dis- 
trict, to be filed and kept in their respective offices. The 
manner of callino: 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 An. xxxiii. 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

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



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tioument of 
Beuutors. 



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 oflice. 
This article 
annulled by 
Art. XXVI. 



Vacancies In the 
senate. 



Vacancies in the 
council. 



thousand eight hundred and fifty-seven ; and a census ol' 
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 l)c made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. Xhe 
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, Jwioever, 
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 Ijirth shall be en- 
titled 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 : jirovided, that this amend- 
ment shall not aftect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided^ further, that it shall not aftect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled 
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 concuiTent 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 ])y appointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles Twenty-third 
of amendment of the constitution of this commonwealth, moms annufied 
which is as follows, to wit ; " No person of foreign birth 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : ][)rovided^ 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, further, that it shall not aftect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom," is hereby 
wholly annulled. 

Art. XXVII. So much of article two of chapter six Provision* of 
of the constitution of this commonwealth as relates to vl,' reiatfog^fo 
persons holding the office of president, professor, or °frdToMeg^!"" 
instructor of Harvard College, is hereby annulled. annulled. 

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

• . ~ . Art XXXI 

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

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

Art. XXX. No person, otherwise qualified to vote in Voters not df^. 

- . i ' -i -, qualitied by 

elections for governor, lieutenant-governor, senators, and reason of change 
representatives, shall, by reason of a change of residence ,1ntum'x months 
within the Commonwealth, be disqualified from voting for ^emovlu"*** 
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 



Amcndmentg, 
Alt. XXVIII. 
amended. 



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



Provisions of 
amendments, 
Art. III. relative 
to payment of a 
ta.x as a voting 
qualificatioD, 
annulled. 



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



Provisions of 
Art. II., 5 I., 
Chap. II., Part 
II., relative to 
property quali- 
fication of 
governor, 
annulled. 



Provisions of 
Art. II., §111., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
assembly by 
members of the 
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 qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or 
because of the non-payment of a poll tax. 

Art. XXXII. So much of article three of the Amend- 
ments of the Constitution of the Commonwealth as is con- 
tained in the following words : " and who shall have paid, 
by himself, or his parent, master, or guardian, any state or 
county tax, Avhich shall, within two years next preceding 
such election, have been assessed upon him, in any town 
or district of this Commonwealth; and also every citizen 
who shall ])e, 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, arid 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 riiiht, of a freehold within the Commonwealth of the 
value of one thousand pounds ; " is herein' 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 exj)enses 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, Avhen the convention adjourned to meet 
on the first Wednesday of the ensuing Jime. 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 any purpose, save only for that of making elections, 
agreeable to this resolution." The first legislature assembled at Bos- 
ton, on the twenty-fifth day of October, 1780. 

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

The tenth Article was adopted by the legislatures of the political 
years 1829-30, and 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 
bj" the people the sixth day of April, 1840 

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

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

The twenty-third Article Avas adopted by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the people 



50 CONSTITUTION OF MASSACHUSP^TTS. 

on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment. 

The twenty-fourth and twenty-filth Articles were adopted by the 
legislatures of the political years 1859 and 1800, and ratified by the 
people on the seventh day of May, 18G0. 

The twenty-sixth Article was adopted by the legislatures of the 
political years 1862 and 18G8, 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 aj^proved and ratified b}' 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 189.3, 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 1^9.3 and 1S94, 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.] 

[Proposed Articles of Amendment, (1) Establishing biennial 
elections of state officers, and (2) Establishing biennial elections 
of members of the General Court, adopted by the legislatures of 
the political years 1895 and 1896, were rejected by the people at 
the annual election held on the third day of November, 1896.] 



INDEX TO THE CONSTITUTION. 



A. 

Page 

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

removed by governor with consent of council upon, 2G 

Adjutant-general, appointed by tlie 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 m the general coiu-t, 
agi'eed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of tlie con 

stitution, 

Apportionment of councillors, 24 

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

Apportionment of senators, 13 

on basis of legal voters, and state to be divided into foi-ty 

districts 

Apportionment of representatives, 16, 39 

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

sent of the legislature, 

Arms, right of people to keep and to bear, for public defence, 
Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend 

ing the general assembly, 

An-est, search and seizure, right of, regulated, .... 
Avarrant to contain special designation, .... 
Attorney-general, to be chosen by the people annually in November 
to hold office for one year from third Wednesday in January 
next thereafter, and until another is chosen and qualified 

election determined by legislatm-e 

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 tlie two persons having the highest number of 

votes at November election, 

51 



36 


37 


41 


42 




42 


40, 


46 




46 


40, 


44 




44 




8 




8 




18 




7 




7 


21, 


43 




43 




43 



4;3 



52 INDEX TO THE CONSTITUTION. 



Page 



Attorney-general, vacancy occurring during session of the legisla- 
ture, filled b}' joint ballot of legislature from tlie people 
at large, 43 

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

not eligible, unless an inliabitant of the state for five j'ears 

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified -within ten days, 43 

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

to hold ofl[ice for one j^ear from third Wednesday in Januai-y 

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

election determined by legislature, 43 

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

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

next preceding election, 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days 43 



B. 

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

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

Bills and resolves, to be laid before governor for revisal, ... 10 
to have force of law if signed by governor, .... 10 
if objected to by governor in Avriting, to be returned to 
branch in which originated, and may be passed by two- 
tliirds of each branch present and voting thereon bj'^ yeas 

and nays, 10 

if not retm-ned by governor within five days after presenta- 
tion, to have force of law, unless the legislature adjourns 

before tliat time expires, 11, 34 

Boards, public, to make quarterly reports to the governor, . . 22 

Body politic, formation and nature of, 3 

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

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

c. 

Census of ratable polls, 38 

of inhabitants, 40, 44, 45 

of inhabitants and legal voters taken in the year 1865, and 

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

representatives, 44 



INDEX TO THE CONSTITUTION. 53 

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

thereof, 34 

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

elected by a plurality of votes, 41 , 

Clerks of courts, elected by the people of the several counties, . 44 
Clerks of towns, to make records and returns of elections, . . 13 
Colonial laws, not repugnant to the constitution, 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-thirds of the house 
present and voting thereon by yeas and nays; entei-ed 
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 efiiect, 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, provisions for revising, 33, 36 

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

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

Coroners, 21 

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

Council, five 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 26 



54 INDEX TO THE CONSTITUTION. 

Page 
Council, no property qualification required, . . . . . 41 
elgiit districts to l)e formed, eacli composed of five contij,'uous 

senatorial districts, 42 

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

term of office, .37 

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

council, 46, 47 

Court, superior, judges not to hold certain other 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 other offices, 36 

to give opinions upon important questions of law, etc. , when 
required by either branch of the legislature or by the 
govei'nor and council, ....... 26 

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

Courts, probate, provisions for holding, 26 

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

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

may administer oaths or affirmations, . . . . 11 

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

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



T 



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

on fourth Monday in November, 41 

Election returns, • • . 13, 42 

Enacting st5^1e of laws, established, 33 

Equality and natural rights of all men, 4 

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

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

F. 

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

Fines, excessive, not to be imposed, 9 

Frame of government, 10 

Freedom of speech and debate in the legislature, .... 8 
Freehold, possession of, not required as qualification for seat in the 

general courf or council, 41 

possession of, by governor, provision requiring, annulled, . 48 
Fundamental principles of the constitution, a frequent recurrence to, 

recommended, 8 

G. 

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

for making laws, 8 

freedom of speech and debate in, 8 

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

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other . ... 10 
to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 19, 37 
may constitute and erect judicatories and courts, . . . 11 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, U 

may provide for the election or appointment of officers, and 

prescribe their duties, 11 

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

travelling expenses of members ; provision annulled, . . Ifi, 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 prevailmg, ., . . . . 19, 20 



56 



INDEX TO THE CONSTITUTION. 



Page 
26 
32 



32 
31 

20 
21 
34 



General court, judicial ofHeers may be removed upon aiddress of, 
person convicted of bribery, not to hold seat in, 
may increase property qualifications of persons to be elected 

to office, 

certain officers not to have seats in, 

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

houses disagree, etc., 

to elect major-generals by concurrent vote, 

empowered to charter cities, 

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 majoritj' of members, . 

Government, objects of, 3, 5, 6 

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

state, 

Governor, the supreme executive magistrate, styled, — 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 commandei"-in-chief , of the army and navy, but may not 

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

to appoint the adjutant-general, 

may call together the councillors at any time, . 

not to hold certain other offices, 

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

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

to sign all commissions, 

election determined by the legislature, .... 

veto power, 

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

governor, 

vacancy in office of governor and lieutenant-governor, powers 

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 when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, 

to appoint all judicial officers, notaries public and coroners; 
nominations to be made at least seven days before appoint- 
ment 21, 35 



44 
48 



5 



18 

36, 48 

37 

23 

20, 21 
22 
19 
31 

31 

32 

42, 43 

10 

24 

25 

19 



19 



INDEX TO THE CONSTITUTION. 57 

Page 
CStovemor, to appoint officers of the continental army, ... 22 
may pardon offences, 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, upon 

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

quonun 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 

coUege 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 bUl or resolve at 

large upon records, 10 

qualifications of members, 17,41,45 

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

an inhabitant of the state, . _ 45 

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

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

the grand inquest of the commonwealth, 17 

to originate all money biUs, 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 the attendauce of secretary of the commonwealth 

in person or by deputy, 26 

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

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

lirst Monday of November, 41 

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

Monday of November, 41 

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

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

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

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

I. 

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

indictment, 15, 16 

Incompatible offices, ,31,36 

" Inhabitant," the word defined, 13 

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

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

counties ; 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 important questions of law, etc., when 
required by the governor and coimcil, or either branch of 

legislature, 26 

not to hold certain other offices, 31 

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

may administer oaths or aflirmations, 11 

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 diiring good behavior, except when otherwise 

provided bj' 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 tlie peace, commissions to expire in seven years from 

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

L. 

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

of the legislature, 9 

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

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

ex post facto, prolaibited as unjust and inconsistent with free 

government, 9 

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

Legislative power, 9 

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

Legislatui'e (see General Court). 

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

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

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

41, 43 
in the absence of governor, to be president of the council, . 2A 
to be acting governor Avhen 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 encom-aged, 29 

M. 

Magistrates and officers, accountable to the people, .... 6 
Magistrates and courts, not to demand excessive bail, impose exces- 
sive fines, or inflict cruel punishments, .... 9 
Majox'-generals, elected by senate and house of representatives by 

concurrent vote, 21 

may appoint their aids, 22 



60 INDEX TO THE CONSTITUTION. . 

Page 

Marriage, divorce and alimony, 27 

Martial law, only those employed in the array 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, including minors, . . 35 

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

brigadiers, elected by field officers, 21 

major-generals, elected by senate and house of representatives 

by concurrent vote, 21 

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

may appoint officers, 22 

officers commissioned to command may be removed as may 

be prescribed by law, 22, 35 

appointment of staff officers, ....... 22 

organization; divisions, bi'igades, regiments and companies, . 22 

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

shillings and eightpence per ounce, 32 

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

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

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

Moral qualifications for office 8 

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

address of both houses, 35 

o. 

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

how and by whom taken and subscribed, ... 29, 30, 31, 35 

forms of, 29, 30, 35 

Quakers may affirm, 31,35,36 

to be taken by all civil and military officers 35 

Objects of government, 3, 6 

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

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



.. INDEX TO THE CONSTITUTION. 61 

Page 

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

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

judges 31, 36 

incompatible, . • . . • . . . . 31, 32, 36 
Officers, civil, legislature may provide for the naming and settling 

OX) ••••■•••«•• 1. L. 

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

Officers, judicial, to hold office during good behavior, except, etc., . 26 

may be removed by governor, with consent of council, upon 

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

Officers of former government, continued, 83 

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

removal of, 22, 35 

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

Oi'ganization 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, remedy for injuries to, should be in the laws, . 6 

Petition, right of, 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 14 

Plurality of offices, 31 

of votes, election of civil officers by, 41 

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

Polls, ratable, census of, 38 

Preamble to constitution, 3 

Press, liberty of, essential to the security of freedom, ... 8 

Private property taken for public uses, compensation to be made for, 6 

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 offences regulated, .... 7 



62 INDEX TO THE CONSTITUTION. 

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

force, 32 

Public boards and certain officers to make quarterly reports to the 

governor, 22 

Public 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 attornej^-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 

E. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, 44 

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

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

signed by members present, . . . ... . 25 

Registers of probate, chosen by the people of the several counties, . 21, 44 

Religious denominations, equal protection secured to all, . . . 5, 38 
Religious sect or denomination, no subordination of one to another 

to be established by law, 5, 38 

Religious societies, may elect their own pastors or religious teachers, 5, 38 

membersliip of, defined, • 38 



INDEX TO THE CONSTITUTION. 63 

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

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

worship, 4, 5, 38 

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

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

Returns of votes, 13, 19, 42, 43 

Revision of constitution provided for in the year 1795, ... 33 
Rights, declaration of, 4 

s. 

Sailors and soldiers, who have served, etc., during time of war, not 
disqualified from voting on account of non-payment of 

poll tax, 48 

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

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

if not suffifcient, 9, 23 

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

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

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

in November, . . . • 25, 43 

to hold office for one year from third Wednesday in January 

next, thereafter, and until another is chosen and qualified, 43 
■ manner of election, etc., same as governor, .... 43 

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

vacancy occurring during session of the legislatm-e, filled by 

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

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

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

next preceding election or appointment, .... 43 

office to be deemed -wacant if person elected or appointed fails 

to l)c qualified within ten days, 43 

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

may appoint deputies, for whose conduct he shall be account- 
able, 26 

to attend governor and council, senate and house, in person or 

by deputies, as they shall require, 26 

to attest all commissions, ........ 32 

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

number of representatives to which the county is entitled, 45 



64 INDEX TO THE CONSTITUTION. 

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

Self-government, right of, asserted, 5 

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

to consist of forty members, apportionment, etc., . . 12, 39, 4G 

to be chosen annually, 13 

governor and at least five councillors, to examine and coimt 

votes, and issue summonses to members, .... 14 
to be final judges of elections, returns and qualifications of 

their own members, 14 

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

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

qualifications of a senator, ....... 15, 41 

not to adjourn more than two days at a time, .... 15 

to choose its officers and establish rules, ..... 15 

shall try all impeachments, 15, 17 

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

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

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

solemn occasions, 26 

to enter objections, made by 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 

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

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

consent of owner, 9 

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

tax, 48 

Solicitor-general, 21 

Standing 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 honorable salaries fixed by 

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

not to hold certain other offices, 31, 36 

Sureties of bail, excessive, not to be required, 9 



INDEX TO THE CONSTITUTION. 65 

T. 

Page 

Taxation should be founded on consent, 6,8 

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

representatives, 8 

may be imposed by the legislature, 12 

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

years, ........... 12 

Tenure that all commission officers shall 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, oucQ in every session, to be paid by the govern- 
ment, 16 

Treason and felony, no subject to be declared guilty of, by the 

legislature, 9 

Treasurer and receiver-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 chosen and qualifled, . 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 Ave years successively, . . . 25, 26 
in failure of election by voters, or in case of decease of person 
elected, vacancy to be filled by joint ballot of legislature 
from the two persons having the highest number of votes 

at November election, 43 

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

Treasury, no moneys to be issued from, but upon the warrant of 

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

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



66 INDEX TO THE CONSTITUTION. 

U. 

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

Y. 



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

advice of the council, 42, 47 

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

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

Vacancy in office of secretary, treasurer, auditor and attorney-gen- 
eral, caused by decease of person elected, or failure to 
elect, filled by joint ballot of legislature from the two 
persons having highest number of votes at November 
election, .......... 43 

occurring during session of legislature, filled by joint ballot 

of legislature from people at large, . . . . . 43 

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

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

neglect or refuse to make election, 21,22 

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

least, 12 

Veto power of the governor, 10 

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

have served in the army or navy in time of war, etc., . 48 
male citizens, twenty-one 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 

Page 
Woi'ship, public, the right and duty of all men, .... 4 

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

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

by the clerk, 32 

Writing and reading, necessary qualifications for voting, or holding 

office, ... , 44 

Y. 

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



ACTS AND KE80LVES 



MASSACHUSETTS. 



1897. 



I^= The General Court of the year eighteen hundred and ninetj'-seven 
assembled on Wednesday, the sixth day of January. The oaths of 
office were taken and subscribed by His Excellency Roger Wolcott 
and His Honor W. Murray Crane on Thursday, the seventh day of 
January, in the presence of the two Houses assembled in convention. 



ACTS. 



An Act making appropriations for the compensation and QJidn^ 1, 

TRAVEL OF THE MEMBERS OF THE LEGISLATURE, FOR THE COM- 
PENSATION OF OFFICERS THEREOF, AND FOR EXPENSES IN CON- 
NECTION THEREWITH. 

Be it enacted by the Senate a7id House of Representatives in 
General Court assembled, and by the authority of the same, as 
follows ; 

Section 1. The sums hereinafter mentioned are ap- Appropriatione. 
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 eigliteen hundred 
and ninety-seven, to wit : — 

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

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

For the compensation of representatives, one hundred ^^^PJ^co^^^/en. 
and eighty thousand seven hundred and fifty dollars. eation. 

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

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

For the salaries of the clerks of the senate and house senate and 

n ^ j_' j_i o^i Tin 1 houHe clerks. 

01 representatives, three thousand dollars each. 

For the salaries of the assistant clerks of the senate Ae^nistaut 
and house of representatives, two thousand dollars each. 

For such additional clerical assistance for the clerks curicaias. 
of the senate and house of representatives as may be 
necessary for the proper despatch of public business, a 
sum not exceeding three thousand dollars. 

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

^ ' ^ arms. 

dred dollars. 

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



Acts, 1897. — Chap. 2. 



Doorkeepers. 



Postmaster, 
messengers, etc. 



Senate sta- 
tionery. 

House sta- 
tionery. 



Printing and 

binding, senate 
and bouse. 



Manual 



Sergeant-at- 
arms, .■^tatiou- 
erv, etc. 



Senate and 
liouse, contin- 
gent e-xpenses, 
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, 
postmaster, messengers and pages to the senate and 
house of rei)resentatives, a sum not exceeding thii-ty-one 
thousand live hundred dollars. 

For stationery for the senate, purchased l)y 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 
dollars. 

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 exceed- 
ing one thousand dollars. 

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

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

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

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

Approved January 20, 1897. 



ChdJ). 2. ^ Act making appropriations for deficiencies in appropria- 
tions FQU CERTAIN EXPENSES AUTHORIZED IN THE YEAR EIGHT- 
EEN HUNDRED AND NINETY-SIX. 

Be it enacted, etc., asfolloivs: 
Appropriations. Sectiox 1. The suHis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the payment 



Acts, 1897. — Chap. 3. 5 

of certain expenses in excess of the appropriations there- 
for in the year eighteen hundred and ninety-six, to 
wit : — 

For the care and maintenance of india^ent and neijlected indigent and 

^ ~ DGfcClectcu cull- 

children, the sum of two thousand twenty-six dollars and drju. 
twenty-nine cents. 

For the support and transportation of unsettled pauper unsettiea 
infants in this Commonwealth, the sum of three thousand p''"^''"'"' '*°** 
four hundred eighteen dollars and twenty-six cents. 

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

Approved January 23 y 1897. 

An Act making appropriations for salaries and expenses in Ohnj) 3 

THE executive DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted^ etc., as follows: 

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

For the compensation of the lieutenant governor, two Lieutenant gov. 
thousand dollars; and for the executive council, sixty- councit"com- 
four hundred dollars. pensation. 

For travelling expenses of the executive council, a sum Travelling 
not exceedino^ fifteen hundred dollars. expenses. 

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



s. 



tary. 



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

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

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

For contingent expenses of the executive department. Executive 
the sum of three thousand dollars. espenseB*'."'^' 

For postage, printing and stationery for the execu- postage, print- 
tive department, a sum not exceeding eight hundred "^^'^^''' 
dollars. 

Fox travelling and contingent expenses of the gov- Governor and 
ernor and council, a sum not exceeding twenty-five hun- penseL' ^'^' 
dred dollars. 

For postage, printing and stationery for the executive Postage, print- 
council, a sum not exceeding five hundred dollars. mg, e.c. 



6 



Acts, 1897. — Chap. 4. 



Extraordinary 
espeuses. 



Indexes, etc. 
to etatutes. 



Arrest of fugi 
tives from 
justice. 



For the payment of extraordinary expenses, to he 
expended under the direction of the governor and coun- 
cil, a sum not exceedinii* fifteen thousand dollars. 

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

For expenses incurred in the arrest of fugitives from 
justice, a sum not exceeding one thousand dollars. 

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

Ai^proved February 2, 1897. 



Chan. 4. ^^ ^^'^ making appropriations for salaries and expenses in 

THE JUDICIAL DEPARTMENT 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 yeav ending on the 
thirty-first day of December in the jesn' eighteen hundred 
and ninety-seven, to wit : — 



Supreme judi- 
cial court, chief 
justice. 

Associate 
justices. 

Clerk. 



Clerical assist- 
ance to clerk. 

Clerical assist- 
ance to justices 

Expenses. 



Reporter of 
decisions. 



Officers and 
nieseenger. 

Clerk for 
Suffolk. 



SUPREME JUDICIAL COURT. 

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

For travelling expenses of the six associate justices of 
the supreme judicial court, three thousand dollars. 

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

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

For clerical assistance to the justices of the supreme judi- 
cial court, a sum not exceeding twenty-five hundred dollars. 

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

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

For the salaries of the ofiicers 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 Sufiblk, fifteen hundred dollars. 



Acts, 1897. — Chap. 4. 



SUPERIOR COURT. 

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

For the salaries and travelling expenses of the seven- Associate 
teen associate justices of the superior court, one hundred ^"* ^'^^'" 
and two thousand dollars. 

COURTS OF PROBATE AND INSOLVENCY. 

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

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

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

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

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

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

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

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

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

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

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

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

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

For the compensation of judges of probate and insol- ^ouut[l.«° °*''^' 
vency, acting in other counties, a sum not exceeding 
three thousand dollars. 



8 



Acts, 1897. — Chap. 4 



Reiiii'ter, 

Suffolk. 



Middlesex. 
Essex. 

Worcester. 

Norfolk. 

Bristol. 

riyinoiith. 

HamiJsliire. 

Hampden. 

Berkshire. 

Franklin. 
Barnstable. 

Xantiicket. 
Dukes. 



Assistant reg- 
ister, Suffolk. 



Middlesex. 



For the salary of the rei^istcr of probate and insol- 
vency for the county of Sutiblk, five thousand dollars. 

For the salary of the register of probate and insol- 
vency for the county of Middlesex, four thousand dollars. 

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

For the salary of the register of pro])ate and insol- 
vency for the county of Worcester, three thousand 
dollars. 

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

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

For the salary of the register of probate and insol- 
vency for the county of Plymouth, eighteen hundred 
dollars. 

For the salary of the register of probate and insol- 
vency for the county of Hampshire, sixteen hundred 
dollars. 

For the salary of the register of proljate and insol- 
vency for the county of Hampden, twenty-five hundred 
dollars. 

For the salary of the register of prolxite and insol- 
vency for the county of Berkshire, eighteen hundred 
dollars. 

For the salary of the register of probate and insol- 
vency for the county of Franklin, fifteen hundred dollars. 

For the salary of the register of prol)ate and insol- 
vency for the county of Barnstal^le, thirteen hundred 
dollars. 

For the salary of the register of proljate and insol- 
vency for the county of Nantucket, seven hundred dollars. 

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

For the salary of the assistant register of prol^ate and 
insolvency for the county of Suffolk, twenty-eight hun- 
dred dollars. 

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



Acts, 1897. — Chap. 4. 9 

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

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

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

For the salary of the assistant register of proTiate and franklin. 
insolvency for the county of Franklin, live hundred 
dollars. 

For the salary of the clerk of the register of probate cierk, Suffolk. 
and insolvency for the county of Sufiblk, twelve hundred 
dollars. 

For extra clerical assistance to the register of probate clerical assi»t- 
and insolvency for the county of Suffolk, a sum not ex- ^°^*^' 
ceeding thirty-three hundred dollars. 

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

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

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

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

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

For extra clerical assistance to the courts of iDroljate i" the several 

!• 1 'ji 1 J • n jt /^ counties except 

and msolvency m tne several counties oi the Common- Frankimaud 
wealth, excepting Franklin and Sufiblk counties, a sum ^"^°"'- 
not exceeding eighty-five hundred dollars. 

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



lU 



Acts, 1897. — Chap. 



5. 



District attor- 
ney, Suffolk. 

First assistant. 



Second assist- 
ant. 



Clerk. 



District attor- 
ney, northern 
district. 

Assistant. 



Eastern district 



Assistant. 



Southeastern 
district. 

Assistant. 



Southern 
district. 

Middle district. 



Assistant. 



Western 

district. 



Northwestern 

district. 



DISTRICT ATTORNEYS. 

For the salary of the district attorney for Suffolk dis- 
trict, five thousand dollars. 

For the salary of the first assistant district attorney 
for Suflblk district, thirty-three hundred dollars. 

For the salary of the second assistant district attorney 
for Suffolk district, twenty-five hundred dollars. 

For the salary of the clerk of the district attorney for 
Suffolk district, eighteen hundred dollars. 

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

For the salary of the assistant district attorney for the 
northern district, fifteen hundred dollars. 

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

For the salary of the assistant district attorney for the 
eastern district, twelve hundred dollars. 

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

For the salary of the assistant district attorney for the 
southeastern district, twelve hundred dollars. 

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

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

For the salary of the assistant district attorney for the 
middle district, twelve hundred dollars. 

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

For the salary of the district attorney for the north- 
western district, thirteen hundred and fifty dollars. 

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

Approved February 2, 1897. 



CJllClT). 5. ■^^ -^^^ MAKING APPROPKIATIONS FOR SALARIES AND EXPENSES IX 
THE DEPARTMENT OF THE TREASURER AND RECEIVER GENERAL. 

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 



Acts, 1897. — Chap. 5. 11 

thirty-first day of Decemlier in the year eighteen hun- 
dred and ninety-seven, to wit : — 

For the salary of the treasurer and receiver general T'easmer, 
of the Commonwealth, five thousand dollars. "upensa ion. 

For the salary of the first clerk in the treasurer's de- ^''^t cierk. 
partment, twenty-five hundred dollars. 

For the salary of the second clerk in the treasurer's second cieik. 
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 de- Tinrd cierk. 
partment, fourteen hundred dollars. 

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

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

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

For the salary of the assistant bookkeeper in the treas- Assistant i>ook. 
urer's department, twelve hundred dollars. '^^^^^' 

For such additional clerical assistance in the treasurer's clerical 
department as may be necessary for the despatch of public 
business, a sum not exceeding thirty-five hundred dollars. 

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

For clerical assistance in the office of the treasurer and Clerical 

assistance. 

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 legacy tax 
department, eighteen hundred dollars. 

For such expenses as the treasurer and receiver general 7'}^ °^^'^°^' ■ 

^, * . . ^^1 • • ^ ^ J^ lateral legacies, 

may find necessary m carrying out the provisions of the etc. 
act imposing 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, meas- Deputy sealer 
ures and balances, twelve hundred dollars. ° ^'^*° '''^''' 

For travelling and other expenses of the deputy sealer Expenses, etc. 
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 



12 



Acts, 1897. — Chaps. 



G, 7 



Chap. 6. 



Appropriations, 



Tax comniis- 

siouer. 

First clerk. 
Second clerk. 



Clerical 
assistance. 



Expenses. 



State valuation. 



said sets as may be necessary to make their sets com- 
plete, a sum not exceeding six hundred dollars. 

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

Approved February 2, 1897. 

An Act making appropriations for salaries and expenses in 

THE department OF THE TAX COMMISSIONER. 

Be it enacted^ etc., as follows: 

Sectiox 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-seven, to wit : — 

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

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

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

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

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

For expenses of the state valuation, under the direc- 
tion of the tax commissioner, a sum not exceeding three 
thousand dollars. 

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

Ap2)roved February 2, IS 97. 



Chap. 



'i. 



An Act making appropriations for salaries and expenses op 
THE commissioners of s.wings banks. 

Be it enacted, etc., asfolloivs: 

Appropriations. Sectiox 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-seven, to wit : — 

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



Conitnissioners 
of savings 
banks, chair- 
man. 



o 



Acts, 1897. — Chaps. 8, 9. 1.- 

For the salaries of the two associate comaiissioners of ;^*f°?u'? „,,, 
savings banks, three thousand dolhirs each. 

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

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

For such additional clerks and expert assistants as the ;^er^i!"°etc'. 
commissioners of savings banks may deem necessary, a 
sum not exceedino^ twenty-five hundred dollars. 

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

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

Approved February 2, 1897. 

An Act making appkopkiations for salaries and expenses of QJiap. 8. 

THE GAS AND ELECTRIC LIGHT COMMISSIONERS. 

Be it enacted, etc., as folloios : 

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

For the salaries of the ffas and electric li^ht commis- Gas and electric 

. i.ji 11 ""ii '^ lialit commis- 

sioners, eight thousand dollars. sioners. 

For clerical assistance to the sas and electric li^ht com- clerical 



assistance. 



missioners, a sum not exceedino; three thousand dollar; 

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 February 2, 1897. 

An Act making appropriations for salaries and expenses in (Jhar), 9. 

THE STATE LIBRARY. 

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-seven, to wit : — 



14 



Acts, 1897. — Chaps. 10, 11. 



State librarian. 



Purchase of 
bookt;. 

Clerical 
assistance. 



Index to current 
events. 



Expenses. 



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 
l)e 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 
librarian, contained in the newspapers of the day, a sum 
not exceeding one thousand dollars. 

For contingent expenses in the state library, to l)e ex- 
pended under the direction of the trustees and liln-arian, 
a sum not exceeding twent^'^-five hundred dollars. 

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

Approved February 2, 1897. 



ChaV. 10. ^^ ■^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES OF 
THE STATE BOARD OF ARBITRATION AND CONCILIATION. 

Be it enacted, etc., asfolloios: 

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-seven, 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 arbi- 
tration and conciliation, twelve hundred dollars. 

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

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

A2')proved February 2, 1897. 



Board of 
arbitration, etc. 

Clerk. 



Expenses. 



Chcqj.V^' 



Appropriations. 



An Act making appropriations for the salary and expenses 
of the commissioner of public records 

Be it enacted, etc., asfolloios: 

Section 1. The sums hereinafter mentioned are ap- 
proi)riated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 



Acts, 1897. — Chaps. 12, 13. 15 

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

For the sahiry of the commissioner of public records, commissiouer 
twenty-five hundred dollars. records. 

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

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

Approved February 2^ 1897. 

An Act making appkopriations for salaries and expenses in QIkty) 19 
the office of the controller of county accounts. 

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-seven, to wit : — 

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

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

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

For travelling and ofiice expenses of the controller of Expenses. 
county accounts, and of his deputies, a sum not exceed- 
ing twelve hundred dollars. 

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

Approved February 2, 1897. 

Ax Act making an appropriation for the sinking fund of p/,^^ IQ 

THE abolition of GRADE CROSSINGS LOAN. ^' 

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 
specified, to meet expenses for the 3'ear ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-seven, to wit : — 

For the sinking fund of the Abolition of Grade Cross- Abolition of 

X ' T T J? ' ij.ir 1 11 1 Grade Cross- 

ings Loan, as provided tor in chapter lour hundred and ingsLoan. 



16 Acts, 1897. — Chaps. 14, 15, 16. 

twenty-eight of the acts of the year eighteen hundred 
and ninety, the sum of one hundred and fourteen thou- 
sand seven hundred and eighty-seven doUars, said sum 
being the estimate of the treasurer and receiver general. 
Section 2. This act shall take effect upon its passage. 

Approved February i?, 1897. 



CJiajp. 14. 



An Act making an appropriation kor the metropolitan 

PARKS loan sinking FUND. 



Be it enacted, etc., asfolloivs: 
Metropoiit^m Section 1. The sum of thirty-three hundred and 

sfnkiug Fund, fifty dollai's 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 known as series two, as pro- 
vided for in chapter two hundred and eighty-eight of the 
acts of the year eighteen hundred and ninetv-four, said 
sum being the estimate of the treasurer and receiver 
general. 

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

Appiroved February 2, 1897. 



& 



Chap. 15. 



An Act making an appropriation for the state highway 

LOAN sinking FUND. 



Be it enacted, etc., as follows: 

state Highway Section 1. Thc sum of twent^'-cight thousand three 
Fuud.^"''''"^ hundred and seventy-two dollars is herel)y appropriated, 
to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the State Highway Loan 
Sinking Fund, as provided for in section eight of chapter 
four hundred and ninety-seven of the acts of the year 
eighteen hundred and ninety-four, said sum being the 
estimate of the treasurer and receiver general. 

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

Api^oved February 2, 1897. 

CJ 16 '^^ -^^^ making an appropriation for the prison AND HOSPI- 

1 ' ' tal loan sinking fund. 

Be it enacted, etc., as follows: 

Piifon and Section 1. Tlic sum of forty-three hundred and forty- 

BiukiugFund. five dollars is hereby appropriated, to be paid out of the 

treasury of the Commonwealth from the ordinary revenue, 

for the Prison and Hospital Loan Sinking Fund, as pro- 



Acts, 1897. — Chaps. 17, 18, 19. 17 

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, said sum being the estimate of 
the treasurer and receiver general. 

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

Approved February 2, 1897. 



CJiaj). 17. 



School Fund. 



An Act making an appropriation for the Massachusetts 

school fund. 

Be it enacted, etc., as follows: 

Section 1 . The sum of one hundred thousand dollars Massachusetts 
is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
Massachusetts 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 upon its passage. 

Approved February 2, 1897. 

An Act making an appropriation for the payment of pre- (JJiart 18 

>nUMS ON SECURITIES PURCHASED FOR THE MASSACHUSETTS 
SCHOOL FUND. 

Be it enacted, etc., as follows : 

Section 1. A sum not exceeding ten thousand dollars Massachusetts 
is hereby appropriated, to be paid out of the treasury of prem'iumsou 
the Commonwealth from the ordinary revenue, for the ^^'=""^i^*- 
payment by the treasurer and receiver general of pre- 
miums 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 ninety. 

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

Approved February 2, 1897. 

An Act making an appropriation for the Massachusetts f^T^fj^ 1Q 

STATE firemen's ASSOCIATION. -^ 

. Be it enacted, etc., as follows: 

Section 1. The sum often thousand dollars is hereby Massachusetts 
appropriated, to be paid out of the treasury of the Com- As'sociation.^" " 
monwealth from the ordinary revenue, for the Massachu- 
setts State Firemen's Association, as provided for by 



18 Acts, 1897. — Chaps. 20, 21, 22. 

chapter one hundred and seventy-seven of the acts of 
the vear eiijhteen hundred and ninety-two. 

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

Approved February 2, 1897. 

Chew 20. ^'^ ^^^ MAKING AN APPROPRIATION FOR THE REMOVAL OF WRECKS 

FROM TIDE WATERS. 

Be it enacted, etc., as follows: 
R^eraovai of SectiOn 1. Thc sum of fivc thousaud dollars is hereby 

obstructions . /«i i^i/^ 

from tide appropriated, to be paid out oi the treasury oi the Com- 

monwealth from the ordinary revenue, for expenses in 
connection with the removal of wrecks and other obstruc- 
tions from tide w^aters, 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-seven. 

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

Approved February 2, 1897. 

ChCLl). 21. ^^ ^^^ MAKING AN APPROPRIATION FOR THE WORCESTER POLY- 
TECHNIC INSTITUTE. 

Be it enacted, etc. , as follows : 

Worcester^ Section 1 . Tlic sum of thrcc thousand dollars is hereby 

Institute. appropriated, to be paid out of the treasury of the Com- 

monwealth from the ordinary revenue, to the Worcester 
Polytechnic Institute, as provided for by chapter four 
hundred and seven of the acts of the year eighteen hun- 
dred and ninety-six. 

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

Approved February 2, 1897. 

ChClT). 22. ^^ ^^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE DEPARTMENT OF THE SECRETARY OF THE COMMONAVEALTH. 

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 jqhv ending on the 
thirty-first day of Deceml)er in the year eighteen hundred 
and ninety-seven, to wat : — 

Secretary, For tlic Salary of the secretary of the Commonwealth, 

compeneation. l^•J_n^ I'liii 

thirty-five hundred dollars. 



Acts, 1897. — Chap. 23. 19 

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

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

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

For the salary of the cashier in the secretary's depart- <-'asJjier.- 
ment, a sum not exceeding fifteen hundred dollars. 

For messengers and such additional clerical assistance Extra cierks 
as the secretary may find necessary, a sum not exceeding 
twenty-two thousand dollars. 

For incidental and contingent expenses in the depart- Expenses. 
ment of the secretary of the Commonwealth, a sum not 
exceeding thirty-five hundred dollars. 

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

For postage and expressage on documents to meml)ers Postage, etc. 
of the 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, Record ink. 
under the direction of the secretary, a sum not exceeding 
five hundred dollars. 

For the purchase of histories of regiments, l^atteries Purchase of 
or other military organizations of Massachusetts volun- '* °"'^''' 
teers who served in the late war, a sum not exceeding 
two thousand dollars. 

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

Approved February 2, 1897. 

An Act making appropriations for salaries and expenses in QJidi), 23, 

THE DEPARTMENT OF THE AUDITOR OF THE COMMONWEALTH. 

Be it enacted^ etc., as follows: 

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

For the salary of the auditor, thirty-five hundred Auditor, 

•^ 'J compensation. 

dollars. 

For the salary of the first clerk in the auditor's depart- Fi"*t cierk. 
ment, twenty-two hundred dollars. 



20 



Acts, 1897. — Chap. 24. 



Extra clerks. 



Stenographer, 
£tc. 



Second clerk. YoY 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-tive hundred dollars. 

For a stenographer, messenger, and such additional 
clerical assistance as the auditor may tind necessary for 
the proper despatch of public lousiness, a sum not exceed- 
ing twenty-live hundred dollars. 
Printing expert. ^OY the Compensation of a state printing expert, a sum 

not exceeding fifteen hundred dollars. 
Expenses. YoY Incidental and contingent expenses in the depart- 

ment of the auditor, a sum not exceeding fifteen hundred 
dollars. 

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

A2yproved February 2, 1897. 

Chap. 24. ^'^ -'^CT MAKING APPROPRIATIONS FOR THE PAYMENT OF STATE 
AND MILITARY AID, AND FOR EXPENSES IN CONNECTION THERE- 
WITH. 

. Beit enacted, etc., o.s follows: 

Appropriations. SECTION 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the tTeasury 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-seven, to wit : — 

For reimbursement to cities and towns for money paid 
on account of state and military aid to Massachusetts vol- 
unteers and their families, a sum not exceeding six hun- 
dred and fift3^-two thousand dollars, the same to be paid 
on or before the first day of December in the year eight- 
een hundred and ninety-seven. 

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

For clerical assistance, salaries and expenses of agents, 
and other exi)enses of the commissioners of state aid, a 



State and mili- 
tary aid. 



CommiBsioner 
of state aid. 



Clerical as- 
sistance, etc. 



Expenses. 



sum not exceeding eisrht thousand 



eight 



hundred and 



twenty dollars. 

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



Section 2. 



This act shall take efiect upon its passage. 
xipproved February 2, 1S97. 



Acts, 1897. — Chaps. 25, 26. 21 



An Act making appropkiations for salaries and expenses in (JJiart^ 25 

THE OFFICE OF THE INSURANCE COMMISSIONER 

Be it enacted^ etc. , as foUoius : 

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-seven, to wit : — 

For the salary of the insurance commissioner, thirty- insurance 

/I 1 -t 1 1 11 commissioner. 

nve hundred dollars. 

For the salary of the deputy insurance commissioner. Deputy. 
twenty-five hundred dollars. 

For the salary of the actuary of the insurance com- Actuary. 
missioner, two thousand dollars. 

For the salary of the examiner in the insurance de- Examiner. 
partment, two thousand dollars. 

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

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

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

For such additional clerks and assistants as the insur- Additional 

I' -, p J 1 1 J 1 clerks, etc. 

ance commissioner may nnd necessary lor the despatch 
of public business, a sum not exceeding twenty thousand 
two hundred dollars. 

For incidental and contingent expenses of the insur- Expenses. 
ance commissioner, a sum not exceeding forty-five hun- 
dred dollars. 

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

Approved February 2, 1897. 

An Act making appropriations for salaries and expenses of n},n^^ Og 

THE railroad COMMISSIONEKS. "' 

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 
thiity-first day of December in the year eighteen hundred 
and ninety-seven, to wit : — 



22 



Acts, 1897. — Chap. 27. 



Riiilio.-id com- 
missioners. 

Clerk. 

Assistant clevk 
Accountant. 



Railroad in- 
spectors. 

Experts, etc. 



Rent, mes- 
senger, etc. 



Stationery, etc. 



Evidence at 
inquests. 



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

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

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

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

For the salaries and expenses of the steam railroad in- 
spectors, a sum not exceeding five thousand dollars. 
• For the compensation of experts or other agents of the 
railroad commissioners, a sum not exceeding thirty-eight 
hundred dollars. 

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

For books, maps, statistics, stationery, incidental and 
contingent expenses of the railroad commissioners, a sum 
not exceeding two tliousand dollars. 

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

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

Approved February 2, 1897. 

Chap. 27. ^^ -'^CT MAKING APPROPRIATIONS FOR THE PAYMENT OF ANNUITIES 

TO SOLDIERS AND OTHERS. 

Be it enacted, etc., asfolloios: 
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 payment 
of annuities and pensions due from the Commonwealth 
to soldiers and others, during the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-seven, to wit : — 

For annuities due from the Commonwealth, incurred bv 
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 the 
legislature, thesum of thirty-nine hundred andeighty dollars. 

For pensions authorized by the legislature, the sum of 
five hundred and twenty dollars. 

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

Approved February 2, 1897. 



Johonnot 
annuities. 



Annuities to 
soldiers, etc. 

Fensions. 



Acts, 1897. — Chap. 28. 23 



Chap. 28. 



An Act making appropriations for salaries and expenses of 
the bureau of statistics of labor. 

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 
specilied, to meet expenses for the year ending on the 
thirty-tirst day of December in the year eighteen hundred 
and ninety-seven, to wit : — 

For the salary of the chief of the bureau of statistics Bureau of sta- 
of labor, twenty-five hundred dollars. i^cs, c le . 

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

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

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

For expenses in connection wnth the annual collection statistics of 

/?,,•;•/. ly j_ J, T ' J manufactures. 

ot statistics oi manutactures, a sum not exceeding sixty- 
five hundred dollars. 

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

For rent of rooms for the use of the bureau of statistics Rent of rooms, 
of labor, and for sei-vices of a janitor, a sum not exceed- ^^^' 
ing 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 *°'' '''^°''^s®- 
and fifty dollars. 

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

For expenses in connection with taking a special census Expenses of 

, 1. . 1 • t 1 ^ J • 1 • special census. 

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

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

Approved February 2, 1897. 



2i 



Acts, 1897. — Chaps. 29, 30. 



CllCLp. 29. An Act making appropriations for the salary and expenses 

OF THE GENERAL SUPERINTENDENT OF PRISONS. 

Be it enacted .f etc. , as folloivs : 
Appropriations. SECTION 1. The suius hereinafter mentioned are ap- 
propriated, to be paid out of tlie treasury of the Com- 
monwealth from tlie 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-seven, to wit : — 

For the salary of the general superintendent of prisons, 
thirty-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. 

For incidental and contingent expenses of the general 
superintendent of prisons, a sum not exceeding' five hun- 
dred dollars. 

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

Approved February 2, 1897. 



General super 
inteudent of 
prisons. 

Clerical 
assistance. 

Travelling 

expenses. 

Incidental 
expenses, etc. 



CJlCtT}* 30. ^^ ^^'^ MAKING APPROPRIATIONS FOR EXPENSES OF THE BOARD 

OF LIBRARY COMMISSIONERS. 

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-seven, to wit : — 

To carry out the provisions of the act to promote the 
establishment and efficiency of free public libraries, under 
the direction of the board of library commissioners, a sum 
not exceedino; two thousand dollars. 

For clerical assistance, incidental and necessary expenses 
of the board of library commissioners, a sum not exceed- 
ing five hundred dollars. 

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

Approved February 2, 1897. 



Free public 
libraries. 



Clerical as- 
sistance, etc 



Acts, 1897. — Chaps. 31, 32. 25 



An Act making an appropriation for the Massachusetts Chap. 31. 

INSTITUTE OF TECHNOLOGY. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty-nine thousand dollars Massachueetts 
is hereby appropriated, to be paid out of the treasury of Technology, 
the Commonwealth from the ordinary revenue, to the Mas- 
sachusetts Institute of Technology. 

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

Approved February 2, 1897. 

An Act making appropriations for salaries and expenses in CJJinq^ 32 

THE office of THE COMMISSIONERS OF PRISONS, AND FOR SUNDRY "^ 

REFORMATORY EXPENSES. 

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- 
mopwealth 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-seven, to wit : — 

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

For clerical assistance in the office of the commissioners clerical 
of prisons, a sum not exceeding twenty-eight hundred ^^^'^*''*°'=^- 
dollars. 'i 

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

For travelling expenses of the commissioners of prisons. Travelling 
and of the secretary and agents of said commissioners, a ^^p*^"^^*- 
sum not exceeding twenty-five hundred dollars. 

For incidental and contingent expenses of the commis- incidental 

• i? • 'j. j"j.iiii expenses, etc. 

sioners of prisons, a sum not exceeding twelve hundred 
dollars. 

For the salary of the agent for aiding discharged female Agent for aid- 
prisoners, a sum not exceeding seven hundred and seventy- femaiepris^^ 
five dollars. " °°"*- 

For expenses of the agent for aiding female prisoners Expenses. 
discharged fyom the prisons of the Commonwealth, includ- 
ing assistance rendered to said prisoners, a sum not ex- 
ceeding; three thousand dollars. 

For aiding pi^soners discharged from the Massachusetts Aiding dis- 
reformatory, a sum not exceeding five thousand dollars. onerff ^"^" 



26 



Acts, 1897 



CiiiU-s. 33, 34 



Agent. 
ExpenBes. 



Removal of 
prisoners. 



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 eifect upon its passage. 

Approved February .2, 1897. 



CllCLT). 33. -^ ^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 

THE STATE PRISON. 

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-seven, to wit : — 

state prison. For thc payment of salaries at the state prison, a sum 

not exceeding seventy-six thousand dollars. 

Expenses. ^ov cuiTcnt cxpcuses at tlic State prison, a sum not ex- 

ceeding eighty-four thousand dollars. 

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

Approved February 2, 1897. 



dlWD 34. "^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 



OF 



THE DISTRICT POLICE. 



Be it enacted, etc., asfolloivs: 
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-seven, to wit : — 

For the salary of the chief of the district police, twenty- 
five hundred dollars. 

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

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



Chief of die 
trict police. 

First clerk. 



Second clerk. 



Acts, 1897. — Chaps. 35, 36. 27 

For the compensation of the members of the district Members of dia. 

. . , , Tin trict police. 

police, a sum not exceedino; sixty-nve thousand dollars. 

For travelling; expenses of the members of the district Travelling 

~ -,' . expenses. 

police, a sum not exceeding twenty thousand eight hun- 
dred dollars. 

For incidental and contingent expenses of the chief and I°?!i®°*''^. 
members of the district police, a sum not exceeding two 
thousand dollars. 

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

Approved February 2, 1897. 



Chap. 35. 



An Act making an appropriation for the compensation of 
inspectors of animals and provisions. 

Be it enacted, etc., asfolloivs: 

Section 1. The sum hereinafter mentioned is appro- Appropriation. 
priated, to l)e 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- 
seven, to wit : — 

For the compensation of inspectors of animals and inspectors of 

. . • 1 1 • 1 1 1 animals and 

provisions, as provided for by chapter tour hundred and provisions. 
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 2, 1897. 

An Act making appropriations for the salary and expenses QJinr) 3g 
OF the state pension agent. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- AppropriationB. 
propriated, to be paid out of the treasury of the 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-seven, to wit : — 

For the salary of the state pension a^ent, two thousand state pension 

^ i & ' agent. 

dollars. 

For clerical assistance, travellino; and other necessary clerical as. 
expenses of the state pension agent, a sum not exceeding 
four thousand eight hundred dollars. 

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

Approved February 2, 1897. 



28 Acts, 1897. — Chaps. 37, 38, 39. 



Chan. 37. ^^ ^^^ making afpropkiations for the compensation and 

EXPENSES OF THE BALLOT LAW COMMISSION. 

Be it enacted, etc. , as follotvs : 

Appropriations. Sectiox 1. TliG 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-seven, to wit : — 

^ommiision. ^^^' ^^^ compcusation of the ballot law commission, a 

sum not exceeding fifteen hundred dollars. 

Expenses. Yov ncccssaiy expenses of the ballot law commission, a 

sum not exceeding five hundred dollars. 

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

Approved February 2, 1897. 

Chap. 38. ^^ ^^T MAKING AN APPROPRIATION FOR THE SALARY OF THE 

ASSAYER AND INSPECTOR OF LIQUORS. 

Be it enacted, etc., as follotvs: 

^ssayerand SECTION 1. The suui of twclvc hundred dollars is 

liquors. hereby appropriated, to be paid out of the treasury of 

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-seven. 

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

Approved February 2, 1897. 

Chap. 39. ^^ ^^"^ MAKING APPROPRIATIONS FOR THE COMPENSATION AND 
EXPENSES OF THE TRUSTEES OF THE MEDFIELD INSANE ASYLUM. 

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-seven, to wit : — 

Meiitieid insane YoY the compensatioii of the l)uildinoi: committee of the 

committee. Medfield lusaue asylum, sixty-five hundred dollars. 

Travelling Yov travelling and other necessary expenses of the 

expenses of ~ -, , . ' ' . 

trustees. trustces of the Medfield insane asylum, to include oflice 



Acts, 1897. — Chaps. 40, 41, 42. 29 

rent, clerk hire and telephones, postage, stationery and 
telegrams, a sum not exceeding twenty-one hundred and 
seventy-five dollars. 

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

Approved February 2, 1897. 

An Act making an avpropriation for the Massachusetts /^/^/y/j^ AC) 

SCHOOL FOR THE FEEBLE-MINDED. -^ 

Be it enacted^ etc., asfollotvs: 

Sectiox 1. The sum of twenty-five thousand dollars Massachusetts 
is hereby appropriated, to be paid out of the treasury of leewi-mind'ed. 
the Commonwealth from the ordinary revenue, to the 
Massachusetts School for the Feeble-minded, as provided 
for by chapter one hundred and twenty-three of the acts 
of the 3'ear eighteen hundred and eighty-seven. 

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

Approved February 2, 1897. 

An Act making an appropriation for the perkins institu- niinif 4I 

TION AND MASSACHUSETTS SCHOOL FOR THE BLIND. ^ 

Be it enacted, etc., as follows: 

Section 1. The sum of thirty thousand dollars is Perkins institu. 
hereby appropriated, to be paid out of the treasury of *'°"' *""-■• 
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 eftect upon its passage. 

Approved February 2, 1897. 

An Act making an appropriation for operating the charles Ol^ri/r) 42 

RIVER VALLEY SYSTEM OF SEWERAGE. ^ 

Be it enacted, etc., as follows : 

Section 1. A sum not exceeding thirty-one thousand ^.'',"''1'^^ ''■ ^ 
dollars is hereby appropriated, to be paid out of the treas- of sewerage 
ury 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 River 
Valley System, during the year ending on the thirty-first 



er 

lU 



30 Acts, 1897. — Chaps. 43, U. 

day of December in the year eighteen hundred and ninety- 
seven. 

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

Approved February 2^ 1897. 

Chap. 4:3, -^^ ^^"^ MAKING AN APPROPRIATION FOR OPERATING THE NEPONSET 

RIVER VALLEY SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows : 
Neponset liver Sectiox 1. A sum uot exceeding fortv-five hundred 

valley system , . O ^ 

of sewage dis- dollars IS hereby appropriated, to be paid out of the treas- 
^°*^ ' ury of the Commonwealth from the ordinary revenue, for 

the cost of maintenance and operation of the Xeponset 
river valley system of sewage disposal, during the year 
ending on the thirty-first day of December in the year 
eighteen hundred and ninety-seven, the same to be in 
addition to the twenty-five hundred dollars appropriated 
by chapter eighty-five of the acts of the year eighteen 
hundred and ninety-six. 

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

Approved February 2, 1897. 

Chap. 44. "^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES OF 

THE INSPECTORS OF GAS METERS 

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-seven, to wit : — 

gaFme\er8°.^ For the Salary of the inspector of gas meters, two 

thousand dollars. 

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

Travelling YoY travelling and incidental expenses of the inspector 

expenses, etc. t • . . • ^ j_ £- / j^ '■ -, 

and assistant inspector oi gas meters, a sum not exceed- 
ing six hundred and fifty dollars. 
Additional por sucli additional aiiparatus as the inspector of iras 

apparatus. ft t 

meters may find necessary, a sum not exceeding two hun- 
dred and fifty dollars. 

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

Approved February 2, 1897. 



Assistant 
inspector, 



Acts, 1897. — Chaps. 45, 46. 31 



An Act making appropriations for salaries and expenses at (JJinyj 4-5 

THE MASSACHUSETTS REFORMATORY. 

Be it enacted^ etc., asfolloivs: 

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

For the payment of the salaries of officers at the Mas- salaries of 
sachusetts reformatory, a sum not exceeding eighty thou- 
sand two hundred dollars. 

For salaries and wages of instructors, teachers and other instriictors, 
employees at the Massachusetts reformatory, a sum not '^'^*^ ^it,, ec. 
exceeding twenty- four thousand nine hundred dollars. 

For current expenses at the Massachusetts reformatory, Expenses. 
a sum not exceedino; one hundred and nine thousand seven 
hundred dollars. 

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

Approved February 5, 1897. 

An Act making appropriations for salaries op employees, QJia7).4:6, 

AND OTHER NECESSARY EXPENSES IN THE DEPARTMENT OF THE 
SERGEANT-AT-ARMS. 

Be it enacted, etc., asfolloivs: 

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

For the salaries of the chief engineer and other em- Engineer's 

1 -ji '51^ J j_ T department. 

ployees in the engmeer s department, a sum not exceeding 
ten thousand one hundred dollars. 

For the salaries of the watchmen and assistant w^atch- watchmen, etc. 
men at the state house, a sum not exceeding eleven thou- 
sand one hundred dollars. 

For the salaries of firemen, oilers and cleaners at the Firemen, etc. 
state house, a sum not exceeding ten thousand five hun- 
dred dollars. 

For the salaries of the elevator men, and expenses in Elevators. 
connection with the elevators at the state house, a sum 
not exceeding sixty-eight hundred dollars. 



32 



Acts, 1897. — Chap. 47. 



Special raes- 
eenger, etc. 



Telephones. 



Fuel and lights, 



Care of state 
bouse, etc. 



Messengers, etc 



Incidental 
expenses, etc. 

Stenographer. 



Matron. 



Janitor, Com- 
monwealth 
huilding. 

Repairs, etc. 



For the salaries of the special messenger and porters 
at the state house, a sum not exceeding four thousand six 
hundred dollars. 

For rent of telephones and expenses in connection there- 
with at the state house, a sum not exceedins: four thousand 
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, furniture and repairs thereof, and such expenses 
as may be necessary at the various buildings on Mount 
Vernon street 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 office boy, a sum not exceeding forty-four hundred and 
fifty dollars. 

For incidental and contingent expenses of the sergeant- 
at-arms, a sum not exceeding three hundred dollars. 

For the salary of the stenographer of the sergeant-at- 
arms, a sum not exceeding eight hundred dollars. 

For the salary of the state house matron, a sum not 
exceeding eight hundred dollars. 

For the salary of the janitor at the Commonwealth 
building, a sum not exceeding nine hundred dollars. 

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

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

Ajyproved February 5, 1897. 



Chap. 4^ » An Act making appropkiations kor sundry miscellaneous 

EXPENSES AUTHORIZED BV 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 i)urposes 
specified, to meet expenses for the year ending on the 
thirty-first day of Deceml)er in the year eighteen hundred 
and ninety-seven, to wit : — 
moneTs'ii^ FoF the payment of unclaimed moneys in the hands of 

hands of receivers of certain insolvent corporations, after the same 

receivers. i ' 



Acts, 1897. — Chap. 47. 33 

have been deposited in the treasury of the Commonwealth, 
a sum not exceedins: three thousand dollars. 

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

For medical examiners' fees, a sum not exceeding five Medical exam- 
hundred dollars. ""'''' ''''■ 

For expenses incurred in the construction and repair construction, 
of roads in the town of Mashpee during the year eighteen Mashpee?'* 
hundred and ninety-six, the sum of three hundred dollars. 

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

For the city of Waltham, for the annual assessment due city of wai- 
froni the Commonwealth towards maintaining and o|)erat- 
ing a system of sewage disposal at the Massachusetts 
School for the Feeble-minded, the sum of five hundred 
and twenty-six dollars and eight cents, as provided for. 
in section thi-ee of chapter eighty-three of the acts of the 
year eighteen hundred and ninety-three. 

For the support of Sarah J. Robinson, a prisoner in the sarahj. Rob- 
jail at Lowell in the county of Middlesex, a sum not ex- *°^°'^' 
ceeding four hundred dollars. 

For the compensation of probation officers, as author- Probation 
ized by section seven of chapter three hundred and fitty- 
six of the acts of the year eighteen hundred and ninety- 
one, a sum not exceeding six hundred dollars. 

For small items of expenditure for which no appropria- smaii items of 

. . , 1 1 ^ 1 • 1 • i • 1 expenditure. 

tions have been made or tor which appropriations have 
been exhausted or reverted to the treasury of the Com- 
monwealth 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 ballot boxes, and ^'*i'°* ^°'^^^- 
for repairs to the same, a sum not exceeding three thou- 
sand dollars. 

For compensation and expenses of the electoral college. Electoral 
a sum not exceeding two hundred and eight dollars. 

For travelling and other necessary expenses of the Lyman and in- 
trustees of the Lyman and industrial schools, a sum not 
exceeding one thousand dollars. 

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

Approved February 5, 1897. 



34 



Acts, 1897. — Chaps. 48, 49, 50. 



Chap AS. 



Appropriations. 



State boiirtl of 
health, secre- 
tary. 
Expenses. 



Inspection of 
milk, food and 
drugs. 



An Act making appkopuiations fok salaries ani> expenses in 
the office of the state boaku of health. 

Be it enacted^ etc.^ as follows : 

Section 1. The sums lieiein;ifter 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 iiundred 
and ninety-seven, to wit : — 

For the salary of the secretary of the state board of 
health, three thousand dollars. 

For the general work of the state board of health, in- 
cluding all necessary travelling ex^Denses, a sum not ex- 
ceeding thirteen thousand dollars. 

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

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

Approved February 5, 1897. 

Chap. 4:9. ^^ -^^^ making an APPKOPKIATION FOK operating THE NORTH 

METROPOLITAN SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding ninety-two thousand 
five hundred dollars is hereby appropriated, to l)e paid 
out of the treasury of the Commonwealth from the ordi- 
nary 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, Caml)ridge, Somerville, 
Maiden, Chelsea, Woburn, Medford and Everett, and the 
towns of Stoneham, Melrose, Winchester, Arlington and 
Belmont, known as the North Metropolitan System, during 
the year ending on the thirty-first day of December in the 
year eighteen hundred and ninety-seven. 

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

Approved February 5, 1897. 

An Act making an appropriation for the payment of ceu- 

TAIN expenses in CONNECTION WITH THE PROTECTION OF THE 
PURITY OF INLAND W^ATERS. 

Be it enacted, etc., as follows: 

Appropriations. Section 1, The suui hereinafter mentioned is appro- 
priated, to be paid out of the treasury of the Common- 



North Metro- 
politan System 
of Sewerage. 



Chap. 50. 



Acts, 1897.— Chaps. 51, 52. 35 

wealth from the ordinary revenue, for the payment of 
certain expenses in connection with the protection of the 
purity of inland waters chiring the year eighteen hundred 
and ninety-seven, to wit : — 

For services of engineers, chemists, biologists and other Entjineers, 

. . . 1 ,, V^ 1 1 chemists, etc. 

assistants, and tor other expenses made necessary and au- 
thorized by chapter three hundred and seventy-tive of the 
acts of the year eighteen hundred and eighty-eight, a sum 
not exceedmg thirty thousand dollars. 

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

Approved February 5, 1897. 

An Act making an api'uoi'uiation fok the payment ok tuitkw njin.f 5I 
OF chilueen attending school outside the town in which 

THEY reside. 

Be it enacted i ete., as follows: 

Section 1. The sum hereinafter mentioned is appro- Appropnatiou. 
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- 
seven, to wit : — 

For the payment of tuition of children of any town in Tuition of L-er- 
which a high school or school of corresponding grade is '^'"" «i"W'eu- 
not maintained, who may attend a high school outside the 
town in which they reside, a sum not exceeding live thou- 
sand dollars. 

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

Approved February 5, 1897. 

An Act to authorize the town of attleborodgh to issue /^/.^j, rro 

ADDITIONAL WATEK SUPPLY BONDS. ^ ' 

Be it enacted^ etc. , as follows : 

Section 1. The town of Attleborough, for the pur- Attieborough 
poses mentioned in section four of chapter sixty-nine of B^ndX^isg?!'^ 
the acts of the year eighteen hundred and ninety-three, 
and for the purpose of paying the necessary expenses and 
liabilities of the water department and the laying of water 
pipes, may issue bonds, notes or scrip, to be denominated 
on the face thereof, Attleborough Water Supply Bonds, 
1897, to an amount not exceeding fifty thousand dollars 
in addition to the amount heretofore authorized by law to 
be issued by said town for the same purposes ; said bonds. 



36 



Acts, 1897. — Chaps. 53, 54. 



notes or scrip to be issued upon the sumc terms and con- 
ditions and with the same powers as are provided in said 
chapter sixty-nine tor the issue of the Attleborough water 
supply bonds by said town. 

Section 2. This act shall take effect upon its accept- 
ance by the town of Attleborough. 

Approved February .9, 1897. 



ChdJ)' 53. "^^ ^^^ MAKING APl'ROFKIATIONS FOR SALARIES AND EXPENSES IN 

THE OFFICE OF THE CIVIL SERVICE COMMISSION. 

Be it enacted^ etc., as follows : 

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

For the compensation and expenses of the members of 
the civil service commission, a sum not exceeding two 
thousand dollars. 

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

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

For the salary of the registrar of labor of the civil ser- 
vice commission, two thousand dollars. 

For clerical assistance, expenses of examinations, print- 
ing civil service rules and regulations and other information 
for the use of applicants, printing, advertising and sta- 
tionery, travelling and incidental expenses of the chief 
examiner, commissioners and secretary, and necessary 
office expenses, a sum not exceeding fifteen thousand 
dollars. 

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

Approved February 9, 1897. 



Civil service 
oommiBsion. 



Chief examiner. 



Secretary. 



Registrar of 
labor. 



Expenses. 



Chan. 54. ^^ ^^^ making appropriations for salaries and EXPENSES AT 

THE REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc., as follows : 
Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propriated, to l)e 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, 1897. — Chaps. 55, 56. 37 

thirty-first day of December in the year eighteen hundred 
and ninety-seven, to wit : — 

For the payment of salaries, wages and lal^or at the Reformatory 
reformatory prison for women, a sum not exceeding women!""^ 
twenty-five thousand dollars. 

For current expenses at the reformatory prison for Expeuses. 
women, a sum not exceeding thirty-two thousand dollars. 

For the town of Framingham, toward the annual ex- sewage dis- 
pense of maintaining and operating the system of sewage ^°*''^ ' 
disposal at the reformatory prison for women, the sum 
of six hundred dollars. 

Section 2. This act shall take effx3ct upon its passage. 

Approved February 9, 1S97. 

An Act making an appropriation for current expenses at QJ^^j) 55^ 
the medfield insane asylum. 

Be it enacted, etc., asfolloivs: 

Section 1. The sum of forty thousand dollars is Medfleid insane 
hereby appropriated, to be paid out of the treasury of ^"^ """' 
the Commonwealth from the ordinary revenue, for the 
]iayment 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-seven. 

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

Approved February 9, 1897. 

An Act relative to the charges and expenses for the (JJiap.56, 

MAINTENANCE AND OPERATION OF THE JOINT WATER WORKS OF 
ABINGTON and ROCKLAND. 

Be it enacted, etc., asfolloivs: 

Section 1. The joint water board, composed of the joint water 
water commissioners of the towns of Aliington and Rock- Zmlua^uick-^' 
land, shall award and determine each year a fair and just If.jlfce'etc'.''' 
proportion of the charges and expenses which each of 
said towns shall bear for the maintenance and operation 
of the joint water works and appurtenances jointly owned 
by said towns. 

Section 2. Such provisions of chapter two hundred Repeal. 
and six of the acts of the year eighteen hundred and eighty- 
five as are inconsistent herewith are hereby repealed. 

Section 3. This act shall take effect upon its accept- ^.),'^" """^'^ 
ance by a two thirds vote of the voters of each of said 
tow^ns present and voting thereon at a legal town meeting 
called therein. Ajjproved February 9, 1897. 



38 Acts, 1897. — Chaps. 57, 58, 59. 



Chap. 57. An Act MAKING an appropriation for the state house loans 

SINKING FUND. 

Be it enacted, etc., as follows: 

fo^mJa^nkfu Section 1. Tlie sum of one hundred sixty-six thou- 

Fiind. sand nine hundred and sixty-three dollars is hereby appro- 

priated, to be paid out of the treasury of the Common- 
wealth into the State House Loans Sinking Fund, as 
provided for in chapter thirty-nine of the acts of the 
year eighteen hundred and ninety-five, said sum being 
the estimate of the treasurer and receiver general. 

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

Aj^proved February 9, 1897. 

(Jhaj). 58. "^N -^^"^ MAKING AN APPROPRIATION FOR THE MEUFIELD INSANE 

ASYLUM LOAN SINKING FUND. 

Be it enacted, etc., as folloivs: 

Medfieid Insane Section 1 . The sum of eighteen thousand four hun- 
sinkiiig Fund, drcd and seventy-seven dollars is hereby appropriated, to 
be paid out of the treasury of the Commonwealth from 
the ordinary revenue, for the Medfieid Insane Asylum 
Loan Sinking Fund, as provided for in section one of 
chapter three hundred and ninety-one of the acts of the 
year eigliteen 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. 

Approved February 9, 1897. 



An Act making appropriations for sundry agricultural 

expenses. 



C/mjp.59. 

Be it enacted, etc., as follows : 

AppropiiationB. SECTION 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the trensury of the Com- 
monwealth from the ordinary revenue, for the ])urposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-seven, to wit : — 

Bo.aid of acri- YoY tlic sahu'v of the secretary of the state board of 

culture, Beciu- • i. j. ' i. n 1 l 1 *l 1 1 

tary. agriculture, twenty-nve hundred dollars. 

Fiixt clerk. Foy the salary of the first clerk of the secretary of the 

state board of agriculture, sixteen hundred dollars. 
Second clerk. For the Salary of the second clerk of the secretary of 

the state board of agriculture, twelve hundred dollars. 



Acts, 1897. — Chap. 59. 39 

For other clerical assistance in the office of the secretary ciencai assist- 
of the state board of agriculture, and for lectures before *"'^'*' 
the board at its annual and other meetings, a sum not 
exceedino^ eiijht hundred dollars. 

For travelling and other necessary expenses of the Travelling 
members of the state board of agriculture, a sum not ''^p"""**"' ''*''• 
exceeding nineteen hundred dollars. 

For incidental and continaent expenses of the state board incidental 

~ 1 expenses. 

of agriculture, a sum not exceedmg eight hundred dollars. 

For travelling and other necessary expenses of the sec- Expenses of 
retary of the state board of agriculture, a sum not exceed- ^^'"■^''^'■y- 
ing five hundred dollars. 

For disseminating useful information in agriculture by Farmers' insti- 
mcans of lectures at farmers' institutes, a sum not exceed- 
ing two thousand dollars. 

For bounties to agricultural societies, a sum not ex- Bounties. 
ceedino; twentv-one thousand dollars. 

For maintaining an agricultural experiment station at Experiment 
the Massachusetts Agricultural Colleoe in the town of 



"^!^ 



Amherst, the sum of ten thousand dollars. 

For the Massachusetts Agricultural College, for the Agricultural 
purpose of providing eighty free scholarships, the sum a^swfs! 
of ten thousand dollars. 

For the INIassachusetts Agricultural College, the sum Agricultural 
of ten thousand dollars, to be expended under the direc- fu"n(f/e't'c." "^ 
tion 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 colleo;e, 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 of 
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, 

1 1^ 1 ^ 1 1 M executive 

bureau, nve hundred dollars. officer. 

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

For assistants, experts, chemists, agents and other Experts, 

/. , 1 J J 1 • 1 J chemists, etc. 

necessary expenses oi the state dairy bureau, a sum not 
exceeding seven thousand dollars. 

For purchasino; nails or spikes to be driven into certain Preservation of 
trees designated by the authorities of cities and towns, for 



40 



Acts, 1897. — Chap. 60. 



the purpose of })rcserving ornamental and shade trees on 

public highways, a sum not exceeding two hundred dollars. 

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

A2)proved February 10, 1897. 



Chap.m. 



Appropriations. 



Public docu- 
ments. 

Pamphlet edi- 
tion, acts and 
resolves. 



nine book. 



Publication of 
laws, etc. 



Decisions of 
supreme judi- 
cial court. 

Purchase of 
paper. 



Assessors' 
books, etc. 

llegistration 
books, etc. 



Printing, etc., 
ballots. 



Blank forms. 



Blanks, etc. 



An Act making appropriations for printing and binding 
public documents, the purchase of paper and publishing 

LAWS. 

Be it enacted, etc., as foUoios: 

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-seven, to wit : — 

For printing and binding the series of public documents, 
a sum not exceeding fifty-five thousand dollars. 

For printing the pamphlet edition of the acts and re- 
solves of the present year, a sum not exceeding four thou- 
sand dollars. 

For printing and binding the blue book edition of the 
acts and resolves of the present year, a sum not exceeding 
seven thousand dollars. 

For the newspaper publication of the general laws and 
information intended for the public, a sum not exceeding 
five hundred dollars. 

For reports of decisions of the supreme judicial court, 
a sum not exceeding two thousand dollars. 

For the purchase of paper used in the execution of the 
contract for the state printing, a sum not exceeding thirty 
thousand dollars. 

For assessors' books and blanks, a sum not exceeding 
fifteen hundred dollars. 

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

For printing and distributing ballots, a sum not exceed- 
ino; ten thousand dollars. 

For blank forms for town officers, election laws and 
instructions on matters relating to elections, and expense 
of advertising the state ticket, a sum not exceeding four 
thousand dollars. 

For furnishing blanks to registrars of voters, a sum not 



exceeding 



exceeding five hundred dollars. 



Acts, 1897. — Chap. 61. 41 

For collatino;, indexiiw and pu])lishiiio; all the acts and i^'ii'ii^-it'o'iof 
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 etfect upon its passage „ 

Approved February 10^ 1897. 



Chap. 61. 



An Act in addition to an act making appropriations for 
deficiencies in appropriations for certain expenses au- 
thorized in the year eighteen hundred and ninety-six. 

Be it enacted^ etc., as follotvs : 

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 appropriations therefor 
in the year eighteen hundred and ninety-six, to wit : — 

For expenses of the Lyman school for boys, the sum Lyman school 
of forty-five dollars and eighty-two cents. ""^ °^''' 

For expenses in the department of the commissioner commissiouer 
of state aid, the sum of two hundred seven dollars and ^' 
sixty-three cents. 

For the salaries of extra clerks in the department of the secretary of the 
secretary of the Commonwealth, the sum of two hundred estnrc°erkr^ ' 
forty-three dollars and forty-five cents. 

For incidentals in the department of the secretary of secretary's 

i '^ lucidentals. 

the Commonwealth, the sum of three hundred ninety 
dollars and eleven cents. 

For expenses of courts of insolvency, the sum of five courts of 
hundred eighteen dollars and fifty-five cents. insolvency. 

For expenses in connection with the maintenance of the charies river 
Charles river system of sewage disposal, the sum of eight- agedlVosau^ 
een hundred fifty-seven dollars and seven cents. 

For expenses of the commissioners of the Massachu- Massachusetts 

., j_'ij'« iiji CI ^ 11 nautical train- 

setts nautical training school, the sum ot eleven hundred ingechooi. 

eighty dollars and forty-six cents. 

For the purchase of paper for the Commonwealth, used p"pen''^®°^ 
in executing the state printing contract, the sura of thirty- 
five hundred ninety-five dollars and thirty-three cents. 

For the education of deaf pupils, the sum of ninety-one Education <.f 
hundred twenty- one dollars and ninety-two cents. "' ^'"^" "" 

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

Approved February 11, 1897. 



42 



Acts, 1897. — Chap. G2. 



1894, 522, § 39, 
etc., HUieuded. 



(JJian.G^. ^^ ^^^ RELATIVE TO OATHS BY THE OFFICERS OK MUTIAL FIRE 

INSURANCE COMPANIES. 

Be it enacted, etc. , a.s follows : 

Section 1. Section thirty-nine of chapter five hun- 
dred and twenty-two of the acts of the year eighteen hun- 
dred and ninety-four, as amended by chapter one hundred 
and twenty-six of the acts of the year eighteen hundred 
and ninety-six, is hereby amended by inserting after the 
word "for", in the twelfth line, the words: — But no 
policy shall be issued under this section until the presi- 
dent and secretary of the company shall have certified 
under oath that each and every subscription for insurance 
in the list presented to the insurance commissioner for 
approval is genuine, and made with an agreement with 
each and every subscriber for insurance that he will take 
the policies subscribed for by him within thirty days of 
the granting of a license to the company by the insurance 
commissioner to issue policies. For taking a talse oath 
in respect to such certificate such officers shall be deemed 
guilty of the crime of perjury, and be sul)ject to the legal 
penalties therefor, — so as to read as follows: — Section 
39. No policy shall be issued by a purely mutual fire 
insurance company hereafter organized, nor by a mutual 
fire insurance company with a guaranty capital of less than 
one hundred thousand dollars, until not less than one mil- 
lion dollars of insurance, in not less than four hundred 
separate risks upon property located in Massachusetts, has 
been subscribed for and entered on its books ; except that 
in any town of less than four thousand inhabitants a com- 
pany may be formed to insure only dwelling houses, fiirm 
buildings, and their contents within such town, and mav 
issue policies when fifty thousand dollars of insurance has 
been subscribed for. But no policy shall be issued under 
this section until the president and secretary of the com- 
pany shall have certified under oath that each and every 
sul)scription for insurance in the list presented to the in- 
surance commissioner for approval is genuine, and made 
with an agreement with each and every subscriber for in- 
surance that he will take the policies subscribed for by him 
within thirty days of the granting of a license to the com- 
pany by the insurance commissioner to issue policies. For 
taking a false oath in respect to such certificate such officers 
shall be deemed guilty of the crime of perjury, and be 



Conditions 
under which 
certain tire 
inHiir.ince 
policies may 
iseue. 



Acts, 1897. — Chap. 63. 43 

subject to the legal penalties therefor. 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 lire insurance company, 
shall receive as any part of his compensation a commis- 
sion 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 
aforesaid be an employee of any officer or agent of the 
company. 

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

Approved Fehriiarij 12, 1897. 



An Act relative to konds of insurance agents. OllClT). 63. 

Be it enacted, etc., as follows : 

Section 1. Section ninety-two of chapter five hundred a^^eudld.^ ^^' 
and twenty-two of the acts of the year eighteen hundred 
and ninety-four is hereby amended by striking out the 
second paragraph of said act and inserting in place thereof 
the following : — Every agent of a foreign insurance com- Agents of 
pany shall, on or liefore the fifteenth day of November in an/Jcompanies 
each year, make return to the tax commissioner of all of bifJiueTs"™ 
business transacted liy him as such ao-ent durinjj the year ^? ''^'^ commia- 

, *^ *- o •/ siouer, etc. 

ending with the thirty-first day of October then next pre- 
ceding, in such form as the tax commissioner may pre- 
scribe ; and all 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 
statements and transactions aforesaid. If such agent neg- 
lects or refuses to make such return, or refuses to su])mit 
the books, papers and accounts of his agency to such in- 
spection, the tax commissioner shall report such neglect 
or refusal to the insurance commissioner, who shall there- 
uyion cancel the certificate of authority to such assent and Certificate of 

1 1 1- ^- ^1 i« • 1 ji ' • uiitliontyraay 

make pulihcation thereof, in such manner as the comnns- be cancelled. 
sioner shall deem necessary, and the certificate so cancelled 
shall not be renewed w ithin one year thereafter ; but only 
such agents shall be sul)ject to this provision as are not 
accountable to any other agent in the Commonwealth for 
premiums received. 

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

Ajjproved February 12, 1897. 



1 

niiwsiouer. 



44 Acts, 1897. — Chaps. 64, 65, m. 



Ch,a7).(\4r. ■^'^ ■'^CT KELATIVF, TO INSURANCE AGENTS. 

Be it enacted^ etc., as foUoivft : 

amended! ^' Sectton 1. Soction oiio of cliaptcr forty-six of the 

acts of the year cis^htcon hundred and ninety-tive is 
hereby amended hy insert ing after the word " agent", in 
the fifth line, the words: — in Massachusetts, — and by 
insertino; jifter the word "or", in the sixth line, the 
words: — unU\ss a licensed broker, — so as to read as 
toT^tiio!r\v1t"f follows : — /S'eefion 1. Every corporation heretofore or 
"r.";!!"!*.'/"'"' hereafter chartered under the laws of this Commonwealth 
to transact the business of insurance of any kind shall 
file with the insurance commissioner the name and resi- 
dence of each person it appoints or employs to act as its 
agent in Massachusetts ; and whoever shall assume to act 
as such agent, or, unless a licensed broker, shall in any 
manner for compensation aid in negotiating contracts of 
insurance on behalf of such corporation for a person other 
than himself, prior to the filing of such notice of appoint- 
ment, shall be guilty of a misdemeanor, and upon convic- 
tion thereof shall be subject to the penalties of section one 
hundred and ten of chapter five hundred and twenty-two 
of the acts of the year eighteen hundred and ninety-four. 
Section 2. This act shall take efiect upon its passage. 

Ap])roved February 12, 1897. 



ChaV.Gr). ^^ ^^'^ RELATIVE TO RETURNS OF FIRES. 

Be it enacted, etc. , as follotvs : 
1894, 522, §16, Section 1. Scctlou sixtecu of chapter five hundred 

anjonded. x 

and twenty-two of the acts of the year eighteen hundred 
and ninety-four is hereby amended by striking out all 
after the word " statements", in the fourth line, so as to 
To furnish read as follows : — Section 16. He shall in December of 
iIuaLtau'liH'.Vts. each year furnish to each of the insurance companies au- 
thorized to do business in the Commonwealth, two or more 
blanks in form adapted for their annual statements. 

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

Apjrroved February 12, 1S97. 

Chcip.QG. -^^ -'^CT RELATIVE TO THE DEFINITION OF INSURANCE. 

Be it enacted, etc. , as folloivs : 
1894,522 §.•?, Section 1. Section three of chapter five hundred and 

amended. , , l 

twenty-two of the acts of the year eighteen hundred and 



Acts, 1897. — Chap. G7. 45 

ninety-four is hereby amended by inserting in the fourth 
line, after the word "destruction", the word: — loss, — 
so as to read as follows : — Section 3. A contract of in- pcflnitiou of 
surance is an agreement l)y which one party tor a consid- 
eration promises to pay money or its equivalent or to do 
some act of value to the assured upon the destruction, loss 
or injury of something in which the other party has an 
interest, and it shall be unlawful for any company to make unlawful to 

. . ,. . . . make, etc., con- 

any contract oi insurance upon or concerning any property tracts for in. 

or interests or lives in this Commonwealth, or with any ''^"'-'^'"^ °^^^^- 



wise than as 
erein aiithor- 



resident thereof, or for any person as insurance agent or j^fj^!" xcep 
insurance broker to make, negotiate, solicit, or in any tions. 
manner aid in the transaction of such insurance, unless 
and except as authorized under the provisions of this act : 
provided, that corporations formed under chapter three Provisos, 
hundred and sixty-seven of the acts of the year eighteen 
hundred and ninety-four and acts amendatory thereof may 
make provision for and pay benefits to their members and 
to the widows, orphans, relatives and other dependents 
of deceased members in the mode provided in said chapter ; 
and also provided, that nothing herein shall aifect the 
rights or powers of corporations engaged in the transac- 
tion of life and casualty insurance upon the assessment 
plan, under the authority of chapter four hundred and 
twenty-one of the acts of the year eighteen hundred and 
ninety, to transact the business authorized by said chapter. 
All contracts of insurance on property, lives or interests 
in this Commonwealth shall be deemed to be made therein. 
Section 2. This act shall take effect upon its passage. 

Approved February 12, 1897. 



An Act relative to the duties of examiner for the insuu- r'Jffjjj fV7 

ANCE department. "^ 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter five hundred and ^^^^'^^jf j § ^' 
twenty-two of the acts of the year eighteen hundred and 
ninety-four is hereby amended by inserting in the eighth 
line, after the word " deputy ", the word : — examiner, — 
, so as to read as follows : — /Section 6. Before granting insurance com. 

j-*j2 i I? J.1 'J. J. • j_ • panics to be 

certificates ot authority to an insurance company to issue examined as to 
policies or make contracts of insurance he shall be satis- q^i|_aiitication8, 
fied, by such examination and evidence as he sees fit to 
make and require, that such company is otherwise duly 



46 



Acts, 1897. — Chap. 67. 



Examination of 
domestic coni- 
panies. 



Examination of 
foreign com- 
pauieti. 



Expenses. 



Examination of 
booics and 
papers, etc. 



1894, .522. § 24, 
amended. 



To obtain cer- 
tificate before 
issuing policies 



(jualiticd under the laws of the Commonwealth to transact 
business therein. 

As often as once in three years he shall personally or 
by his deputy, examiner, or cliief clerk, visit each domes- 
tic insurance company, and thoroughly inspect and ex- 
amine its aftairs, especially as to its linancial condition 
and ability to fulfil its obligations and whether it has com- 
plied with the laws. He shall also make an examination 
of any such company whenever he deems it }>rudcnt to do 
so or upon the request of live or more of the stockholders, 
creditors, policy holders or persons pecuniarily interested 
therein who shall make affidavit of their belief, with speci- 
fications of their reasons therefor, that such company is 
in an unsound condition. 

Whenever he deems it prudent for the protection of 
policy holders in this Commonwealth, he shall in like 
manner visit and examine or cause to be visited and ex- 
amined l)y some competent person or persons he may 
appoint for that purpose any foreign insurance company 
applying for admission or already admitted to do business 
by agencies in this Commonwealth, and such company 
shall pay the proper charges incurred in such examina- 
tion, including the expenses of the commissioner or his 
deputy and the expenses and compensation of his assist- 
ants employed therein. 

For the purposes aforesaid the commissioner or his 
deputy or person making the examination shall have free 
access to all the books and papers of an insurance com- 
pany that relate to its business, and to the books and 
papers kept by any of its agents, and may summon and 
qualify as witnesses under oath and examine, the directors, 
officers, agents and trustees of any such company, and any 
other persons, in relation to its afl'airs, transactions and 
condition. 

Section 2. Section twenty-four of chapter five hun- 
dred and twenty-two of the acts of the year eighteen hun- 
dred and ninety-four is hereby amended by striking out 
in the third line, the word "or", and inserting in said 
line, after the word " deputy ", the words : — or examiner, 
— so as to read as follows : — Section 24. No domestic 
insurance company shall issue policies until upon examina- 
tion by the commissioner, his deputy or examiner, it is 
found to have complied with the laws of the Common- 
wealth, nor until it has obtained from the commissioner 



Acts, 1897. — Chaps. 68, 69. 47 

a certificate setting forth that fact and authorizing it to 
issue policies. For such examination it shall pay into the 
treasury of the Commonwealth thirty dollars. 

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

Approved February 12, 1897. 



An Act making appkopriations for salaries and expenses at (JJkip^^Q, 

the state farm. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- AppropriaUous. 
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-seven, to wit : — 

For the payment of salaries, wages and labor at the state farm, 
state farm, a sum not exceeding thirty-six thousand eight *"^"^^' 
hundred dollars. 

For current expenses at the state farm, a sum not ex- Expenses. 
ceeding ninety thousand six hundred dollars. 

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

Approved February 12, 1897. 



Chap.QQ. 



An Act making appropriations for expenses in connection 

WITH THE topographical survey and map of MASSACHUSETTS. 

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-seven, to wit : — 

For the determination of town boundary lines, a sum Town boundary 
not exceeding fourteen thousand dollars. 

For marking town boundary lines, a sum not exceeding Marking. 
five hundred dollars. 

For selling and distributing maps, a sum not exceeding Distributing, 
one thousand dollars. etc., maps. 

For supplementing topographical maps, and leveling, a supplementing 
sum not exceeding five hundred dollars. 

For instruments and repairs to same, a sum not exceed- lustrumenta. 
ing one hundred dollars. 



48 Acts, 1897. — Chaps. 70, 71, 72. 

i>^|'p''cating For duplicating atlases of town ])oundary plans, a sum 

not exceedinij two thousand dollars. 

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

Approved February 12, 1897. 

Chap. 70. ^N Act to change the name ok the mutual fire insurance 

COMPANY IN SALEM. 

Be it enacted, etc. , as follows : 

Name changed. Section 1. Tlic name of the Mutual Fire Insurance 
Company in Salem, a mutual fire insurance com})any 
organized on the seventeenth day of April in the year 
eighteen hundred and thirty-eight, is hereby changed to 
Salem JSIutual Fire Insurance Company. 

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

Approved February 12, 1897. 

Chan.ll. -^^ ^^^ relating to the decennial census. 

Be it enacted, etc., as follows: 
Bureau of SECTION 1 . The burcau of statistics of labor is hereby 

fltJiListiPH or 

labor, decennial authorizcd to cxpcud the sum of thirty thousand dollars, 
in addition to the amount fixed by section seventeen of 
chapter two hundred and twenty-four of the acts of the 
year eighteen hundred and ninety-four, for the purposes 
of the decennial census of the year eighteen hundred and 
ninety-five, exclusive of the cost of paper for schedules, 
and of printing, stereotyping and binding the abstracts 
and reports of said census. 

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

Approved February 13, 1897. 

(lJia'p.72. An Act making appropriations for salaries and expenses in 
the department of the attorney-general of the common- 
wealth. 

Be it enacted, etc., as follows: 

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

Attorney.gen. Jfor the Salary of the attorney-general, five thousand 

eral, compensa- i -n *' o . 

tion. dollars. 



Acts, 1897. — Chap. 73. 49 

For the compensation of assistants in the office of the AsBistants, etc. 
attorney-general, and for such additional legal assistance 
as he may deem necessary in the discharge of his duties, 
and also for other necessary expenses in his department, 
a sum not exceeding thirty-six thousand dollars. 

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

Approved February 13, 1897. 



An Act making appropriations for salaries and expenses in 
the department of the adjutant general, and fob sundry 
other military expenses. 



Chap. 73. 



Be it enacted, etc., as follows: 

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

For the salary of the adjutant jjeneral, thirty-six hun- Adjutant gen. 

T 1 1 11 '^ oral, compeiisa- 

dred dollars. tion. 

For the salary of the first clerk of the adjutant general, First cierii. 
twenty-two hundred dollars. 

For the salary of the second clerk of the adjutant gen- Second cierii. 
eral, sixteen hundred dollars. 

For the salary of an additional clerk in the adjutant Additional 

" clerk. 

general's department, two thousand dollars. 

For the salaries of the two extra clerks in the adjutant Extra clerks. 
general's department, twelve hundred dollars each. 

For the salary of the messenger of the adjutant general, Messenger. 
eight hundred dollars. 

For such additional clerical assistance as the adjutant clerical assist- 

I I in I ' {* tllice, 6tC. 

^ may deem necessary, and for compensation of em- 

ployees at the state arsenal, a sum not exceeding sixty- 
three hundred dollars. 

For compensation of officers and men of the volunteer Miiitia, com. 
militia, a sum not exceeding one hundred and eight thou- ^""'^^ '°"' 
sand dollars. 

For transportation of officers and men of the volunteer Transportation. 
militia, when on military duty, a sum not exceeding twenty 
thousand dollars. 

For incidental and contingent expenses in the adjutant Expenses. 
general's department, a sum not exceeding four thousand 
dollars. 



50 Acts, 1807. — Chap. 73. 



Rent of 
armories, etc 



armories. 



For rent of brjoado and l)att:ilion headcjuarter.s and 
company annorie.s, a Huni not ex(reeding thirty-seven 
thousand dollars. 

QuartermasterB' Yqy quartermastcrs' supplies, a sum not exceeding 
twenty-two thousand dollars. 

Expenses. jTor incidental and contingent expenses of the quarter- 

master general's department, a sum not exceeding live 
thousand dollars. 

Camp ground. Pqy grading and care of the camp ground of the Com- 
monwealth at Frannngham, a sum not exceeding one thou- 
sand dollars. 

Military ac. ^OY military accounts in connection with the volunteer 

counts. ... , . • 1 1 • 

militia not otherwise provided tor, a sum not exceeding 
four thousand dollars. 
Record of YoY expeuscs in connection with the record of Massa- 

othcers, sailors, , ,, "-^ ., i . , j. 

etc. chusetts omcers, sailors and marines, a sum not exceeding 

two thousand dollars. 
Care, etc., of ^OY cxpcnses of the care, heating, Ii2:hting and furnish- 

ing the armories recently erected in certain cities ot the 

Commonwealth, for the use of the volunteer militia, a sum 

not exceeding twenty-two thousand dollars. 
Clothing. j^Qj. allowance and repairs of clothing of the volunteer 

militia, a sum not exceeding nine thousand dollars. 
Rifle practice. For expcuscs iu couuection with the rifle practice of the 

volunteer militia, a sum not exceeding fifteen thousand 

dollars. 
Burgeon gen- YoY tlic Salary of the suroi:eon general, twelve hundred 

eral, compensa- , ., o o 

lion. dollars. 

Medical sup- YoY mcdical supplies for the use of the volunteer militia, 

and for incidental and contingent exj^enses of the surgeon 
general, a sum not exceeding two thousand dollars. 
Bale of grass at Auv suuis of uioncy recclvcd under the provisions of 
etc. section eighty-seven of chapter three hundred and sixty- 

seven of the acts of the year eighteen hundred and ninety- 
three, and from the sale of grass at the camp ground at 
Framingham during the year eighteen hundred and ninety- 
seven, may be expended l)y the quartermaster general 
during the ])resent year, under the direction of the gov- 
ernor and council, for the construction and re})air of build- 
ings and other structures. 
Care, etc., of YoY carc, fumisliinoj and repair of the United States 

Minnesota. stcamcr Miimcsota, which has been loaned to the Com- 
monwealth and is now being used as an armory for 



Acts, 1897. — CiiAi>s. 74:, 75. 51 

the naval militia, a sum not exceeding four thousand 
dollars. 

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

Approved February lo, 1897. 

An Act making an ArpRorRiATiON for the Massachusetts (JJiap.74:. 

CHARITABLE EYE AND EAR INFIRMARY. 

Be it enacted, etc., as folloios : 

Section 1. The sum of fifty thousand dollars is hereby MaBsachusetts 
appropriated, to be paid out of the trcasuiy of the Com- and Kar in- ^^ 
monwealth from the ordinary revenue, to l)e expended '"""'"^y- 
under the direction of the managers of the Massachusetts 
Charitable Eye and Ear Infirmary on account of the cost 
of construction of a new hospital building for said in- 
firmary, as proA'ided for l)y chapter ninety-seven of the 
resolves of the year eighteen hundred and ninety-six, but 
no part of the sum hereby appropriated shall be paid over 
to said infirmary until the construction of said new hospi- 
tal building shall have been commenced and contracts to 
the aggregate amount of not less than twenty-five thou- 
sand dollars shall have been made for work and materials 
on account of such building. 

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

Approved February 13, 1897. 

An Act to authorize the city of north adams to grade and (JJiaj). 75. 

PAVE ITS streets AND TO ISSUE BONDS OR NOTES THEREFOR. 

Be it enacted, etc., as follows : 

Section 1. The mayor, and the city council of the Paving, etc., of 

strGGtH ill North 

city of North Adams by a two thirds vote of all its mem- Adams. 
bers, whenever they adjudge that the public convenience 
and necessity require, may order that any public street, 
highway or part thereof shall be i)aved with granite blocks, 
vitrified brick, asphalt or other suitable solid material, and 
provided with necessary curbstones for the purpose of 
such paving ; and thereupon the commissioner of public 
works shall cause such public street, highway or part 
thereof, to l)e graded, paved and provided with necessary 
curbstones, in accordance with the provisions of such 
order, and shall certify an itemized account of all ex- 
penses incurred and paid on account of such order to the 
assessors of taxes. Such account shall include all dam- 



!\9 



Acts, 1897. 



CuAP. 75. 



I'liytnent of 
expenses. 



Certain assess- 
ments may be 
reassessed, etc. 



ages paid to any owner of real estate for injury sustained 
in his property by reason of any raising, lowering, or 
other act done for the purpose of repairing such street or 
highway, as herein authorized. At any time within two 
years after such street, highway or i)art thereof shall be 
so graded and i)aved, the assessors of taxes shall assess 
in just proportion upon the real estate abutting on any 
such street, highway or i)art thereof, one half the expense 
of such grading, paving and constructing curbstone:?, ex- 
cept that every street railway now or hereafter operated 
in said city shall be assessed by said assessors for and 
shall })ay the whole expense of grading and paving that 
portion of every street graded and paved which is covered 
by its rails, and a space eighteen inches outside of and 
adjoining its tracks on either side. The amount to be 
paid by any street railway shall in every case be first 
ascertained and deducted from the total expense of grad- 
ing and paving and constructing curbstones under this 
section, l)efore any assessment is made upon abutting real 
estate, and no assessment shall be made until the work 
of grading and paving shall be completed. 

Section 2. Any assessment levied under the provi- 
sions of this act which is invalid, and which has not been 
paid or recovered back, may be reassessed by the assessors 
to the amount for which the original assessment ought to 
have been made, and the same shall be a lien upon the 
estate assessed, or, in the case of street railway com- 
panies, upon the property of such street railway com- 
panies, and shall be collected in the same manner as 
reassessed taxes. 

Section 3. Every assessment levied under the provi- 
act upon real estate shall constitute a lien 



Assessment to 

cotiHtitiite a lien , /• i • 

upon real eKtate SIOUS Ot tlUS 

"I i""i'«^' >• iipoM the real estate assessed, and every such assessment 

made upon a street railway company shall constitute a 

lien upon the j)roperty of such street railway company, 

. to be enforced with like charges for costs and interest in 

the manner provided by law for the collection of taxes ; 

Apportionment jmd if tlic owucr of sucli real estate or such street railway 

ot assesHmenls, • i /• i i • • • • 

company at any tnne l)et()re demand gives notice in writ- 
ing to the assessors to apportion such assessment said 
assessors shall apportion the same into five equal parts, 
and shall add one of said parts, with interest from the 
date of apportionment, to the annual tax of said estate 
or property of such street railway company for each of 



etc. 



ay 

tor a 



Acts, 1897. — Chap. 75. 53 

the five years next ensuing ; and all such assessments 
remaining after they become due shall draw interest until 
the payment thereof. 

Section 4. A party aggrieved by the doings of said g^ev^i^n; 
assessors may within one year apply by petition filed in I'^t'ti"" 
the superior court for the county of Berkshire for a revi- 
sion thereof by a jury, and after due notice to the city a 
trial shall be had by the jury at the bar of the court. 

Section 5. If the jury does not reduce the assessment co'L'tretc."* 
the respondent shall recover costs, which shall be a lien 
upon the estate or property and shall be collected in the 
same manner as the assessment ; but if the jury reduces 
the assessment the petitioner shall recover costs ; and all 
assessments shall be a lien on the estate or [)roperty for 
one year after final judgment in any proceeding wherein 
the amount or validity of the same is called in question, 
and shall be collected in the same manner as original 
assessments. 

Section 6. When an assessment is made upon an Payment of 
estate the whole or part of which is leased after the certain"re"sed° 
passage of this act the owner shall pay the assessment, '^^^^^'^' '''*^' 
and may collect of the lessee an additional i-ent for the 
portion so leased, equal to ten per cent, per annum on 
that proportion of the sum paid which the leased portion 
bears to the whole estate. 

Section 7. Whenever the mayor and city council ^idM^toImveJ 
pass an order to grade and pave a street, highway or part etc., to be Hied, 
thereof under this act, the mayor shall within thirty days 
thereafter file a declaration thereof in the re<ristry of deeds 
ft)r the northern Berkshire district, which shall state in 
general terms the action of said mayor and council, and 
shall state the streets, street, highway or part thereof u})on 
which such parcels of real estate subject to assessment 
under this act are situated. The register of deeds shall 
cause such declaration to be forthwith entered in a book 
kept for the purpose, and classified according to the names 
of the streets specified therein. 

Section 8. No assessments shall be laid under the AspenpniontB 
provisions of this act upon any real estate except such upon cei tain 
as al>uts upon streets so specified, except in the case of "' '-'"■"'•''''• 
street railway companies ; and no such assessment shall 
constitute a lien upon real estate unless such declaration 
has been so filed. Nothing in this act shall authorize the 
laying a second assessment u[)on real estate abutting u[)on 



54 



Acts, 1897. — Chap. 75. 



Allowance to 
be ilediicUHi 
from emu 
assewHod in 
certain cases. 



Permanent Im- 
provement 
Loan, Act of 
1897. 



Payment of 
loan. 



Sale of bonds 
or notes, etc. 



Not to be in- 
cluded in deter- 
mining delit 
limit. 



any street graded and paved under this act, for the repav- 
ing or regrading such street or part thereof. 

Section 9. If any benefit received by any owner of 
real estate from any alteration or repair done under the 
authority of this act shall have been allowed by way of 
set-off to any damages sustained by him in his property 
by reason of any raising, lowering, or other act done 
under the said authority, the amount so set off shall be 
deducted from the sum assessed upon his said property 
for any expenses incurred hereunder, and the balance 
only, if any, shall be assessed and collected as herein 
provided. 

Section 10. The city of North Adams may is^ue 
l)onds or notes of the city to an amount not exceeding in 
the aggregate principal sum one hundred thousand dollars 
beyond the limit now prescribed by law and in addition 
to all amounts hitherto authorized. Such bonds or notes 
shall be designated, Permanent Improvement Loan, Act 
of 1897, and be payable in equal annual instalments in 
not exceeding five years from their date, and bear interest 
at a rate not exceeding five per cent, per annum, and 
shall be signed by the treasurer and countersigned by the 
mayor of the city. 

Section 11. The city treasurer shall certif\" to the 
board of assessors each year the amount of such bonds 
or notes issued and outstanding, and the board of assessors 
shall each year assess upon the real and personal estate 
subject to taxation and situated in said North Adams such 
sums as shall be sufficient to discharge all payments of 
princii)al and interest falling due, and the city shall raise 
such sums by taxation. 

Section 12. The city council may authorize the treas- 
urer to sell such bonds or notes in his discretion for not 
less than the par value thereof. The ])rocecds thereof 
shall be used to pay for the grading and ])aving of such 
streets or parts thereof as may be designaled by the city 
council under this act, and providing curbstones for the 
same. 

Section 18. No l)onds or notes issued under this act 
shall be included in determining the limit of debt of the 
city. 

Section 14. This act shall take effect upon its passage. 

Ajyproved February IS, 1897. 



Acts, 1897. — Chap. 76. 55 



An Act to abolish the board of public works of the city rij^^ rrn 
OF north ADAMS, AND FOR OTHER PURPOSES. "' 

Be it enacted, etc., as Jollows: 

Section 1. The board of public works of the city of Board of public 
North Adams is hereby abolished, and the powers and lailed! '''^"'" 
duties now exercised and discharged by said ])oard, ex- 
cept the powers and duties exercised and discharged by 
the members of the board as overseers of the poor and 
commissioners of pu1)lic 1)urial places, shall hereafter be 
exercised and discharged by one commissioner of public commissioner 
works, who shall be a;ppointed by the mayor without con- anpoinunlilt'^'*' 
firmation by the city council, during the current year upon *«•■'»• etc. 
the passage of this act, and thereafter on or before the first 
Monday in February in each year. He shall hold his office 
for the term of one year unless sooner removed from office 
by the mayor in the manner prescribed in section twenty- 
nine of chapter one hundred and forty-eight of the acts 
of the year eighteen hundred and ninety-five, and until 
his successor is appointed and qualified. He shall receive 
a salary of eighteen hundred dollars each year. A person 
not a citizen or resident of said North Adams may be ap- 
pointed such commissioner or superintendent of outdoor 
work. 

Section 2. The mayor of said city shall appoint with- overseer of the 
out confirmation by the city council of North Adams, a,''e!nVtenu,' 
during the current year upon the passage of this act, and 
thereafter on or before the first Monday in February in 
each year, one overseer of the poor, who shall exercise 
and discharge all the duties and powers prescribed by law 
for overseers of the poor, and shall also bo the city almoner 
of said city and exercise and discharge all the duties and 
powers now exercised and discharged by the auditor of 
said city of North Adams as city almoner. He shall also 
be the commissioner of })ublic burial places of said city. 
He shall hold his office for the term of one year unless 
sooner removed from office by the mayor in the manner 
prescribed in section twenty-nine of chapter one hundred 
and forty-eight of the acts of the year eighteen hundred 
and ninety-five, and until his successor is appointed and 
qualified. He shall receive a salary of one thousand dol- 
lars each year. The city physician of said city shall here- city piiysician, 
after be appointed solely by the niayor. 



nt 
etc. 



r>ij Acts, 1897. — CuAr. 77. . 

^e'l-'tor'oV"" Section 8. The chief engineer of the fire department 

buildings. of said city shall also be the assistant inspector of build- 

ings, and as such assistant inspector be under the direc- 
tion and control of the inspector of buildings. He shall 
devote his whole time to the city and shall receive a salary 
of nine hundred dollars each year. 
Repeal. Section 4. Anything contained in chapter one hun- 

dred and forty-eight of the acts of the year eighteen hun- 
dred and ninety-live, so far as it interferes with this act, 
is hereby repealed. 

Section 5. This act shall take etiect upon its passage. 

Approved February 18, 1897. 

ChciV. 77. ■^^ ^^^ ^^ AUTHORIZE THE TOWN OK FAIRHAVEN TO REFUND ITS 

SEWER DEBT. 

Be it enacted, etc., as follows: 
Fairhaven Sew- Section 1. The towH of Fairhaveu, for the purpose 

erage Loan, Act ^ ^ . 

of 1897. of paying certain sewer notes to the amount of seventy- 

four thousand five hundred dollars issued by the town 
of Fairhaven under the provisions of chapter one hun- 
dred and thirty of the acts of the year eighteen hundred 
and ninety-five, is hereby authorized to issue ])onds to 
an amount not exceeding seventy-five thousand dollars. 
Such bonds shall bear on the face thereof the words, 
Fairhaven Sewerage Loan, Act of 1897, shall bear in- 
terest at a rate not exceeding five per cent, per annum, 
])ayalde semi-annually, the principal to ])e payable at the 
ex})i ration of periods not more than twenty years from 
the date of issue ; and shall be signed by the treasurer 
and countersigned by the selectmen or a majority thereof. 



Sale of boiiilH, 
etc. 



Said town may sell said l)onds or any part thereof at pul 
lie or private sale, provided however that the same shall 
not be sold for less than the })ar value thereof. The ])ro- 
ceeds of a sale of said l)on(ls issued by virtue of this act 
shall be ap])lied by the treasurer of said town for the 
paynient of the notes issued as above-described, but no 
purchaser shall be res[)onsible for the a})plication of the 
proceeds. 
Paym.-i.tof SECTION 2. If the town shall so vote, at a meetins: 

loan, I'tc. iini/.i • 1 -11 

duly called tor that i)urpose, said town may provide that 
said 1)onds to the amount of two thousand dollars shall 
by the terms thereof be made due and ])aya])le each year 
for the five years next following the dale of issue ; that 
bonds to the amount of three thousand dollars shall by 



Acts, 1S97. — Chap. 78. 57 



the terms thereof he made due and payable each year 
thereafter for the five years next following ; that bonds 
to the amount of four thousand five hundred dollars shall 
by the terms thereof be made due and payable each year 
thereafter for the five years next following ; that bonds 
to the amount of five thousand five hundred dollars shall 
by the terms thereof be made due and payable each year 
thereafter for the five years next following. If the town 
votes to make the bonds due and payal)le as aforesaid the 
provisions of chapter twenty-nine of the Public Statutes 
relating to sinking funds shall not apply to bonds author- 
ized l)y this act. 

Section 3. In determining the limit of indebtedness Not to be in- 
of the town of Fairhaven a debt incurred under the au- delermining 
thority of this act shall not be included. debt limit. 

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

Approved February IS, 1897. 



An Act MAKING APPKOPKIATIONS FOU SALARIES AND EXPENSES AT (JJidT^.^S. 
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 
s[)ecified, to meet expenses for the year ending on the 
thirty-first day of Deceml)er in the 3'ear eighteen hundred 
and ninety-seven, to wit : — 

For the jiayment of salaries, wages and labor at the state imiustriMi 
state industrial school for girls, a sum not exceeding "'^ '"" "' °" 
eleven thousand five hundred dollars. 

For current expenses at the state industrial school for Expenses, 
girls, a sum not eTcceeding sixteen thousand two hundred 
and seventy-five dollars. 

For expenses in connection with boarding out younger Boarding om 
girls from the state industrial school, a sum not exceed- ^""°^'-'' ^""'' 
ing one tliousand dollars. 

For the education and instruction in tlie ])ublic schools K(inc:.tion of 
in any city or town in the Commonwealth of children bn.'udoaout, 
boarded or bound out by the trustees of the Lyman and '^''^' 
industrial schools, a sum not exceeding one hundred and 
twenty-five dollars. 

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

Approved February IS, 1S97. 



58 Acts, 1807. — Chaps. 79, 80. 



Chap. 7^. ^N Act making an approphiation for current expenses at 

THE MASSACHUSETTS HOSPITAL FOR DIPSOMANIACS AND INE- 
P.RIATKS. 

Be it enacted y etc. f as folloivs : 

f;^.T,Xifor"' Section 1. The sum of twenty thousand doHars is 
amnnXiates. ^leueby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary reveiuie, to i)ay 
necessary expenses in excess of receipts at the Massachu- 
setts hospital for dipsomaniacs and inel)riates, (hiring the 
year endinir on tlie thirty-lirst day of December in the 
year eighteen hundred and ninety-seven. 

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

. Approved February IS, 1897. 

Chap. SO. -^N Act to provide for extensions of the neponset vaixey 

SEWEU into the TOWN OF MILTON. 

Be it enacted, etc., as follows : 

amended ^ ^' Section 1. ScctioH nine of chapter four hundred and 

six of the acts of the year eighteen hundred and ninety- 
five is hereby amended liy striking out the whole of said 
section and inserting in place thereof the following : — 

Connection of Sectioii 9. The citV and towns aforesaid shall connect 

local sewers i • i i • 

with main thcir local sewers with such main sewers, subject to the 
direction and control of said board as to the methods 
and places of making said connections ; and any person 
or corj)oration may, subject to the direction and control 
of said board and on such terms, conditions and regula- 
tions as the city or town may prescribe, connect private 
blfexumie.Tinto draitts with said main sewers ; and for the purpose of 
town of Milton, enabling thc town of Milton to make such connections 
the said board shall extend said main sewers from Boston 
across thc Neponset river to and into the town of Milton, 
at the following places, to wit: — ^At or near Granite 
avenue, at or near Adams street in Milton, at or near 
Central avenue, at or near Blue Hill avenue, and at such 
other places as said board may deem reasonal)le, such 
extensions to be made in such manner as the board of 
harbor and land commissioners may approve, and, in 
r(^si)ect of all work and structures in tide water, subject 
to the i^rovisions of chapter nineteen of thc Public Stat- 
utes and of all acts in amendment thereof or in addition 
"thereto, so far as the same are a])plicable. 

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

Approved February 18, 1897. 



Acts, 1897. — Chaps. 81, 82. 59 



An Act authorizing advances to the metropolitan sewerage (7/i««.81. 

COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Upon the completion of the systems of ^7!^^" ad"" 
sewerage provided for in cha})ter four hundred and thirty- vanced u. hoard 
nine of the acts of the year eighteen hundred and eighty- sewerage com- 
nine and in chapter four hundred and six of tlie acts of '°'^"°"®'"*' 
the year eighteen hundred and ninety-five the clerk of 
the board of metropolitan sewerage commissioners, or 
such other person as said board may designate, may have 
advanced to him from the money in the treasury of the 
Commonwealth such sums, not exceeding five thousand 
dollars at any time, from the appropriation for maintain- 
ing the north metropolitan system of sewage disposal, 
and a similar amount from the appropriation for main- 
taining the Charles river system of sewage disposal, as 
the auditor may certify to be necessary to enable said 
board to make direct payment upon its pay rolls and 
other accounts. The person so designated by said board 
shall give a bond with sufficient sureties, to be approved 
by the auditor of the Commonwealth, in the sum of ten 
thousand dollars. 

Section 2. As soon as may be after expending such statement of 

,. ."^j , 1 . ^ !• ^ suraH exi)eudea 

advance, and in any case within thirty days from the to i,e tiled. 
receipt thereof, the ofiicer who has received money of 
the Commonwealth under the provisions of this act shall 
file with the auditor a statement in detail of the sums 
expended subsequent to the previous accounting, ap- 
proved ])y the board, and, where it is practicable to 
ol)tain them, receipts or other like vouchers of the per- 
sons to whom the payments have been made. 

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

Approved February IS, 1897, 



Cha2).82. 



An Act to authorize the town of reading to make an ad- 
ditional water loan. 

Be it enacted, etc., as follows : 

Section 1. The town of Reading, for the purposes Reading water 
mentioned in section six of chapter four hundred and 
five of the acts of the year eighteen hundred and eighty- 
nine and su1)ject to the provisions of said act except so 
far as herein otherwise provided, may issue bonds, notes 
or scrip, to be denominated on the face thereof, Reading 



60 



Acts, 1897. — Chap. 83. 



Water Loan, to an amount not exceedini; fifty thousand 
dollars in addition to the amounts heretofore authorized 
by law to be issued by said town for the same purposes. 
Section 2. This act shall take effect upon its passajje. 

Approved February 18, 1897. 



Cliai 



Metropolitan 
Sewerage Loau, 



To be consid- 
ered art an addi- 
tion to loan 
anthorized by 
1895, 40B, etc". 



Sinking fund. 



f9. 83. -^N -^CT RELATIVE lO THE EXPENSES INCURRED UNDER THE ACT 
TO PROVIDE FOR A SYSTEM OF SEWAGE DISPOSAL FOK THE NEPON- 
SET RIVER VALLEY. 

l^e it enacted, etc., as folloios : 

Section 1 . To meet the expenses incurred under the 
provisions of chapter four hundred and six of the acts 
of the year eighteen hundred and ninety-five the treas- 
urer and receiver general shall, with the approval of the 
governor and council, issue from time to time scrip or 
certificates of debt, in the name and behalf of the Com- 
monwealth and under its seal, to an amount not exceed- 
ing three hundred thousand dollars, for a term not 
exceeding forty years. Said scrip or certificates of debt 
shall be issued as registered bonds or with interest 
coupons attached, and shall bear interest at a rate not 
exceeding four per cent, per annum, payable semi-annu- 
ally on the first days of March and Septem])er in each 
yenr. Said interest and scrip or certificates shall be 
payable, and when due shall be paid, in gold coin or its 
equivalent. Said scrip or certificates of debt shall be 
designated on their face as the Metro})olitan Sewerage 
Loan, shall ])e countersigned by the governor, and shall 
lie deemed a i)ledge of the faith and credit of the Com- 
monwealth, redeemal)le at the time specified therein in 
gold coin or its equivalent, and shall be sold and disposed 
of at public auction, or in such other mode and at such 
times and prices and in such amounts and at such rate 
of interest, not exceeding four per cent, per annum, as 
the governor and council shall deem for the best interests 
of the Connnonwealth. Any scrip or certificates of debt 
issued under the provisions of this act shall be considered 
as an addition to and shall l)ecome a part of the loan au- 
thorized by said chapter four hundred and six, and the 
sinking fund estal)lished under the provisions of said 
chapter shall be a sinking fund for the extinguishment 
of the debt authorized by this act, said fund to be in- 
creased in the folio winji: manner: — The treasurer and 



Acts, 1897. — Ciiap. 83. 61 

receiver general shall from year to year, beginning with 

the year eighteen hundred and ninety-six, apportion to 

said sinking fund an amount sufficient with its accunmla- 

tions to extinguish the debt at maturity, and in making 

the assessment for the increase of said sinking fund, 

upon the several cities and towns lial)le thereto, one 

fortieth part of the whole amount shall be assessed in 

each of the first five years, beginning with the year 

eighteen hundred and ninety-six ; one sixtieth part in 

each of the next ten years, beginning with the year 

nineteen hundred and one ; one thirtieth part in each 

of the next ten years, J^eginning with the year nineteen 

hundred and eleven ; and the remainder shall ))e equally 

divided in the next ten years, beginning with the year 

nineteen hundred and twenty-one. Any premium realized rppned'to pay"^^' 

from the sale of said scrip or certificates of debt shall mentofiutereet, 

L etc. 

be applied to the payment of the interest on said loan 
as it accrues. The proportions applicable to the several 
cities and towns in this system, contained in a report on 
file in the office of the clerk of the supreme judicial court 
for the county of Suffolk, shall, when said report has 
been accepted by said court, become and be the propor- 
tions used in assessing the interest and sinking fund 
requirements, and also the cost of maintenance and 
operation for the period between the years eighteen 
hundred and ninety-six and nineteen hundred, both 
inclusive. 

Section 2. The supreme judicial court sitting in Appointment 
equity shall on the application of the board of metro- sioners to iieter- 
politan sewerage commissioners, made to said court in ^'be paKi^by'"" 
the year nineteen hundred, after notice to each of the ^'tjes and towns, 
cities and towns named in said chapter four hundred and 
six, appoint three commissioners, who shall not be resi- 
dents of any of the cities or towns mentioned in said 
chapter, who shall, after due notice and hearing and in 
such manner as they deem just and equitable, determine 
for said system established by said chapter the propor- 
tion in which each of the cities and towns therein named 
shall annually pay money into the treasury of the Com- 
monwealth for the term of five years next following the 
year nineteen hundred, to meet the interest and sinking 
fund requirements for the said five years, as estimated 
by said treasurer, and any deficiency in the amount ]ire- 
viously paid in, as found by said treasurer. In making 



62 Acts, 1897. — Chap. 83. 

their award the commissioners may take into considera- 
tion the extent of the use of the sewers by said city or 
towns respectively, the population and vahiation thereof, 
and also the extent, if any, to which said main sewers 
relieve the city or towns respectively of the necessity of 
constructing local sewers at their own charge, and any 
other considerations which may seem to them just and 
equitable, and shall return their award into said court ; 
and when said award shall have been accepted b}' said 
court the same shall l)e a final and conclusive adjudica- 
tion of all matters herein referred to said commissioners, 
and shall l)e lunding on all parties. 
To be appointed Section 3. Bcforc the expiration of said tenn of five 

every hve years, i /• i 

etc. years, and every hve years thereafter, other commis- 

sioners, who shall not be residents of any of the cities 
or towns mentioned in said chapter, shall l)e ap})ointed 
as aforesaid, upon application of said board as aforesaid, 
who shall in such manner as they deem just and equitable 
determine the proportion in which each of said cities and 
towns in each of said systems shall annually pay money 
into the treasury of the Commonwealth as aforesaid for 
the next succeeding term of five years, and shall return 
their award into said court ; and when said award shall 
have been accepted by said court the same shall be a 
final and conclusive adjudication of all matters herein re- 
ferred to said commissioners, and shall be binding on all 
parties. 
'^uTeTfrom Section 4. The amount of money required each year 

cities and towns from cacli citv and town named in said chaijter four hun- 

to be estimated -in -i • , i it • i , ' ^ • f ^ 

by treasurer, drcd and SIX, to meet the interest, sinking fund require- 
***'■ ments and cost aforesaid, and deficiency, if any, shall be 

estimated by said treasurer in accordance with the ]^ro- 
portion determined as aforesaid, and shall 1)e included in 
and made a part of the sum charged to such city or town 
and be assessed upon it in the apportionment and assess- 
ment of its annual state tax, and said treasurer shall in 
each year notify each such city and town of the amount 
of such assessment, which amount shall l)e paid by the 
city or town into the treasury of the Commonwealth at 
the time required for the payment and as a part of its 
state tax. 
Enforcement of SECTION 5. The Supreme judicial court shall have 

provisions, etc. ...... . •, . <• ,i • • /• j^i • 

jurisdiction in equity to enforce the provisions of this 
act, and shall fix and determine the compensation of all 



Acts, 1897. — Chaps. 84, 85, 86. 63 

commissioners appointed by said court under the provi- 
sions hereof. 

Section 6. This act shall take eftect upon its passage. 

Approved February 18, 1897. 



Chap. 84. 



An Act making an appropriation for current expenses at 
the massachusetts hospital for epileptics. 

Be it enacted, etc., as follows : 

Section 1 . A sum not exceeding twenty-five thousand ^oTpitai" "or"* 
dollars is hereby ai)propriated, to be paid out of the treas- epileptics. 
ury of the Commonwealth from the ordinary revenue, for 
the purpose of meeting current expenses at the Massa- 
chusetts hospital for epileptics, during the year ending 
on the thirty-first day of December in the year eighteen 
hundred and ninety-seven. 

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

Approved February 18, 1897. 

An Act making an appropriation for expenses in connec- f^LfjYt S^ 
TioN with the extermination of contagious diseases among -^ ' 

horses, cattle and other animals. 

Be it enacted, etc., as follows: 

Section 1. The sum of two hundred and fifty thou- Extermination 
sand dollars is hereby appropriated, to be paid out of diseases Imong 
the treasury of the Commonwealth from the ordinary '"i™a'«- 
revenue, for the purpose of meeting expenses in connec- 
tion with the extermination 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-seven. 

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

Approved February 18, 1897. 

An Act to authorize the county C(^)mmissioneks of the county f^j.^ oa 

OF MIDDLESEX TO PAY A SUM OF MONEY TO THE WIDOW OF THE -' * 

LATE EDWARD F. JOHNSON. 

/ 

Be it enacted, etc. , as foUovis : 

'Section 1. The county commissioners of the county widow of 
of Middlesex are hereby authorized to pay to the widow Johnson.^' 
of Edward F. Johnson late justice of the police court of 
Marlborough who died on the twenty-seventh day of 



64 



Acts, 1897. — Chap. 87. 



October in tlie year eighteen liundred and ninety-six, the 
l)ahince of sahiry which said Edward F. Johnson would 
have been entitled to receive if he had lived and con- 
tinued to serve as said justice until the end of said year. 
Section 2. This act shall take eliect upon its passage. 

Approved February IS, 1897. 



Ohap. S7. ^^ ^^'^ '^O AUTHORIZE THE TOWN OF WEST SPRINGFIELD TO MAKE 

AN ADDITIONAL WATER LOAN. 



West Spring, 
(iekl Water 
Loan, Act of 
1897. 



BinkiDg fund. 



Repeal. 



Be it enacted., etc. , as folloivs : 

Section 1. The town of West Springfield, for the 
pur})oses mentioned in section eight of chapter one hun- 
dred and thirty-eight of the acts of the year eighteen 
hundred and seventy-five, may issue from time to time 
l)onds, notes or scrip to an amount not exceeding one 
hundred and sixty-five thousand dollars ; such bonds, 
notes or scrip shall bear on the face thereof the words. 
West Springfield Water Loan, Act of 1^97, and shall 
be payable at the expiration of periods not exceeding 
thirty years from the date of the issue, and 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 bv the selectmen of the 
town. Said town may sell such securities at public or 
private sale, or pledge the same for money borrowed for 
the purposes of this act, and upon such terms and condi- 
tions as it may deem proper. The said town shall pay 
the interest on said loan as it accrues, and shall provide 
at the time of contractins; said loan for the estal)lishment 
of a sinking fund, and shall contribute to such fund such 
sums as shall in the aogregate be sufficient, with the ac- 
cunmlations thereof, to pay the principal of said loan at 
its maturity. The said sinking fund shall remain invio- 
late and pledged to the payment of said loan and shall 
be used for no other purpose. 

Section 2. Section eight of chapter one hundred and 
thirty-eight of the acts of the year eighteen hundred and 
seventy-five is hereby repealed. 

Section 3. This act shall take effect upon its i)a8sage. 

Approved February 18, 1897. 



Acts, 1897. — Chap. 88. 65 



An Act relative to the expenses incurred under the act QJian, SS. 
TO provide for the addition of a portion of the town 

OF WAKEFIELD TO THE METROPOLITAN SEWERAGE SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter four hundred ^^endld.^ ^' 
and fourteen of the acts of the year eighteen hundred 
and ninety-six is hereby amended by inserting in the 
sixth line of said section, after the word "thirt}^", the 
word : — iive, — so as to read as follows : — Section 3. |ite°Pge Loan. 
To meet the expenses incurred under the provisions of 
this act the treasurer and receiver general shall, with the 
approval of the governor and council, issue scrip or cer- 
tificates of debt, in the name and behalf of the Common- 
wealth and under its seal, to an amount not exceeding 
thirty-five thousand dollars, for a term not exceeding 
thirty-four years. Said scrip or certificates of debt shall 
be issued as registered bonds or with interest coupons 
attached, and shall bear interest at a rate not exceeding- 
four per cent, per annum, payable semi-annually on the 
first days of March and Septemlier in each year. Said 
interest and scrip or certificates shall be payable, and 
when due shall ])e paid, in gold coin or its equivalent. 
Said scrip or certificates of debt shall be designated on 
their face, Metropolitan Sewerage Loan, shall be counter- 
signed by the governor and shall be deemed a pledge of 
the faith and credit of the Commonwealth, redeemable 
at the time specified therein, in gold coin or its equiva- 
lent, and shall be sold and disposed of at public auction 
or in such other mode and at such times and prices and 
in such amounts and at such rate of interest, not exceed- 
ing four per cent, per annum, as the treasurer and receiver 
general with the approval of the governor and council 
shall deem for the 1)est interests of the Commonwealth. 
Any scrip or certificates of debt issued under the provi- 
sions of this act shall be considered as an addition to and 
.shall Ijecome a part of the loan authorized by chapter 
four hundred and thirty-nine of the acts of the year 
eighteen hundred and eighty-nine, as amended by chapter 
three hundred and seven of the acts of the year eighteen 
hundred and ninety-four, and by chapter two hundred 
and ninety-four of the acts of the year eighteen hundred 
and ninety-five; and the sinking fund established under Sinking fund, 
the provisions of said chapters shall be a sinking fund for 



66 Acts, 1897. — Chaps. 89, 90. 

Sinking fund, tliG extlniTuisbnient of the debt authorized by this act, 

etc • 

said funds to be increased in the following manner : — 
The treasurer and receiver general shall from year to 
year, beginning with the year eighteen hundred and 
ninety-six, apportion to said sinking fund an amount 
•sufficient with its accumulations to extinguish the debt at 
maturity ; and in making the assessment for the increase 
of said sinking fund upon the several cities and towns 
liable thereto, one thirty-second part of the whole amount 
shall be assessed in each of the first four years, beginning 
with the year eighteen hundred and ninety-six ; one six- 
tieth part in each of the next ten years, beginning wath 
the year nineteen hundred ; one thirtieth part in each 
of the next ten years, beginning with the year nineteen 
hundred and ten ; and the remainder shall be equally 
divided in the next ten years, beginning with the 3'ear 
nineteen hundred and twenty. Any premium realized 
from the sale of said scrip or certificates of del)t shall be 
applied to the payment of the interest on said loan as it 
accrues. 

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

Approved February 18, 1897. 



(JJiarp, 89. An Act relative to returns now required to be made by 

JUDGES Of PROBATE AND INSOLVENCY. 

Be it enacted^ etc., as follows: 

ufbe madTby ^ ^^^^ rctums required by the provisions of section four- 
registers of pro- ^eeu of chaiitcr ouc hundred and forty-eight and of sec- 
vency. tiou oue hundred and forty-three of chapter one hundred 

and fifty-seven of the Public Statutes shall hereafter be 
made by the registers of probate and insolvency in their 
respective counties, instead of by the judges of probate 
and insolvency as in said sections provided. 

Approved February IS, 1897. 

OhCin. 90. A^ A^"^ "^^ AUTHORIZE THE CITY OF MARLBOROUGH TO GRANT 
RIGHTS TO CUT AND TAKE ICE FROM LAKE WILLIAMS. 

Be it enacted, etc., asfolloios: 

City of Marl- SECTION 1. The city of MarlboTOUgh is hereby au- 

grarn'right'to thorizcd by its city council to gr<int to Oscar W. Howe, 
fr^omLake' ''' Ii'viug R. Howc and Wiuslow B. Howe, all of said Marl- 
wiiiiams. borough, and to any other person or persons, the right 



Acts, 1897. — Chap. 91. 67 

to cut and take ice from Lake Williams in said Marl- 
borough, for a term not longer than twenty-live years 
from the date of the passage of this act, and also the right 
to enter upon and use the land of said city adjoining said 
lake for the purpose of taking and conveying ice obtained 
at said lake as aforesaid to the premises of such grantees, 
and to convey said ice over or under the highway adjoin- 
ing said land of the city, for such compensation to the 
city and upon such agreements and conditions as said city 
council shall determine to be just and proper. 

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

Approved February 18, 1897. 



Chap.^1. 



An Act to better define the last days for filing certifi- 
cates OF nomination and nomination papers. 

Be it enacted, etc., as follows: 

Section 1. The fourth paragraph of section eighty- isos, 4i7, § 82, 
two of chapter four hundred and seventeen of the acts ^""^'^ 
of the year eighteen hundred and ninety-three is hereby 
amended by inserting after the word " election", in the 
sixth line, the words: — provided, that whenever such. 
Saturday falls on a legal holiday said certificates of nomi- 
nations shall be filed on or before the preceding day, and 
whenever such Monday foils on a legal holiday said nom- 
ination papers shall be filed on or before the succeeding 
day, — so as to read as follows: — In towns certificates Last days for 
of nomination for the nomination of candidates for town cltef oTnomina- 
ofBces shall l)e filed on or before the second Saturday pre- nation^pape^siD 
ceding the day of the election, and nomination papers for towns. 
the nomination of such candidates shall be filed on or 
before the Monday preceding the day of the election : 
provided, that whenever such Saturday falls on a legal 
holiday said certificates of nominations shall be filed on 
or before the preceding day, and whenever such Monday 
falls on a legal holiday said nomination papers shall be 
filed on or before the succeeding day ; except that when- 
ever a town election is held on a day of the week other 
than Monday, such certificates of nomination and nom- 
ination papers shall l)e filed respectively on or before 
the ninth and seventh days preceding the day of the 
election. 

Section 2. This act shall take effect upon its passagCo 

Approved February 18, 1897. 



08 



Acts, 1897. — Chaps. 92, 93. 



Appropria- 
tious. 



CllClT). 92. -^^ ^^'^ MAKING APPROPRIATIOXS FOR SALARIES AND EXPENSES 

AT THE STATE ALMSHOUSE. 

Be it enacted, etc., as follows: 

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

For the payment of salaries, wages and lal)or at the 
state almshouse, a sum not exceeding thirty-five thousand 
two hundred dollars. 

For current expenses at the state almshouse, a sum not 
exceeding one hundred and eleven thousand five hundred 
dollars. 

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

Approved February 18, 1897. 



State alnoB- 
liouse. 



ExpenBes. 



Chap 



May incur 
indebtedness 
beyond debt 
limit, issue 
boude, etc. 



Not to be con- 
pidered in 
aecertuining 
debt limit. 



P. B. 29, etc., to 
apply. 



go An Act to authorize the city of holyoke to incur indebt- 
edness BEYOND the LIMIT FIXED BY LAW, FOR SCHOOL PUR- 
POSES. 

Be it enacted, etc., as folloivs : 

Section 1. The city of Holyoke, for the purpose of 
completing and furnishing a new high school building in 
said city, may incur indebtedness to an amount not ex- 
ceeding one hundred and nine thousand dollars in addi- 
tion to the indebtedness authorized to be incurred b}'^ 
cliapter two hundred and forty-one of the acts of the year 
eighteen hundred and ninety-five, and may issue bonds 
not exceeding said amount, to be denominated and signed 
as provided by said chapter, and to be payable and re- 
deemable within a period of not more than twenty years 
from the date thereof. 

Section 2. Said bonds shall not be considered or 
reckoned in ascertaining the authorized limit of indebted- 
ness of said city under the provisions of section four of 
chapter twenty-nine of the Public Statutes and acts in 
amendment thereof or in addition thereto. 

Section 3. The provisions of chapter twenty-nine of 
the Public Statutes and of chapter one hundred and 
twenty-nine of the acts of the year eighteen hundred and 



Acts, 1897. — Chaps. 94:, 95. 69 

eightj-four shall otherwise apply to the issue and sale of 
such bonds. 

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

Approved February 18, 1897. 



Chajj. 94:, 



An Act to extend the charter op the new England emi- 
grant AID COMPANY. 

Be it enacted, etc. , as folloivs : 

Section 1. The New England Emigrant Aid Com- charter ex. 
pany shall continue to be a corporation for the further 
term of ten years from the date of the expiration of its 
present charter, and during said additional period of ten 
years shall continue to have the same rights and be sub- 
ject to the same liabilities as if the duration of said 
charter had been subject to no limitation. 

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

Approved February 18, 1897. 



Chap. 95. 



An Act relative to the duties and poavers of certain offi- 
cers OF the city of LOWELL. 

Be it enacted, etc., asfolloivs: 

Section 1. The city council of the city of Lowell, and f *y T"°'' °^ 

•^ j' 5 ^ Lowell, powers 

each branch thereof, shall have and exercise all the power and duties. 
and authority relative to the election or appointment of 
city officers, or the confirmation of appointments to office 
which were vested in them prior to the enactment of sec- 
tion one of chapter four hundred and fifteen of the acts 
of the year eighteen hundred and ninety-six. 

Section 2. The chief of the fire department of said Chiefoffire 

11111 11 /-111 1 department. 

City shall be elected by concurrent vote or both branches 
of the city council. 

Section 3. The city council shall by ordinance de- Heads of de- 
termine what officers shall he the heads of the various posaTof prop-^" 
departments of the city government. The head of the ^'^y-^^''- 
department of supplies may sell or dispose of the per- 
sonal property of the city, upon the recommendation of 
the mayor and of the head of the department to which 
such property belongs, except the products of the city 
farm, which the superintendent of said farm shall have 
the right to dispose of. 



70 



Acts, 1897. — Chap. 96. 



Repeal, etc. Section 4. All Ordinances of said city inconsistent 

herewitii are herel)y annulled, and all acts and parts of 
acts inconsistent herewith are herel)y repealed. 

Section 5. This act shall take eftect upon its passage. 

Ajyj^roved February 20, 1897. 



Chap, 96. An Act making appropriations for sundry educational ex- 
penses. 



Appropria- 
tious. 



State board of 
education, sec- 
retary. 



Clerical and 
messenger ser- 



Agents. 



Expenses. 



Expenses of 
members of 
board. 



State normal 
schools. 



State normal 
art school. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, except as herein 
provided, to meet expenses for the year ending on the 
thirty-iirst day of December in the year eighteen hundred 
and ninety-seven, to wit : — 

For the salary and ex})enses of the secretary of the 
state board of education, forty-five hundred dollars, to 
be paid out of the moiety of the income of the Massachu- 
setts School Fund applicable to educational purposes. 

For clerical and messenger service for the state board 
of education, a sum not exceeding two thousand dollars. 

For salaries and expenses of agents of the state board 
of education, a sum not exceeding thirteen thousand 
dollars. 

For incidental and contingent expenses of the state 
board of education and of the secretary thereof, a sum 
not exceeding eishteen hundred dollars. 

For travelling and other expenses of the members of 
the state board of education, a sum not exceeding one 
thousand dollars. 

For the support of state normal schools, including ac- 
countants and certain other expenses of the boarding 
houses at Bridge water, Framinghain and Westfield, a sum 
not exceeding one hundred eighty-seven thousand four 
hundred and forty-four dollars, to be paid out of the 
moiety of the income of the Massachusetts School Fund 
applica1)le to educational purposes, the excess, if any, to 
be ])aid from the treasury of the Commonwealth. 

For the support of the state normal art school, a sum 
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 educa- 
tional purposes, the excess, if any, to be paid from the 
treasury of the Commonwealth. 



Acts, 1897. — Chap. 97. 71 

For expenses of teachers' institutes, a sum not exceed- ^^tes^®"^®' '°®"' 
ing two thousand doOars, 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 Massachusetts 
of three hundred dollars, to be paid out of the moiety of elation? ^^^^' 
the 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 teach- 
not exceeding three hundred dollars, to be paid out of the tufns?*""^ 
moiety of the income of the Massachusetts School Fund 
applica])le to educational purposes. 

For the Dukes County educational association, the sum Dukes county 

/, /2A. 1 n educational 

OI Illty dollars. association. 

For aid to pupils in state normal schools, a sum not Aid to pupiis in 

T <» 1 Tin 1 1 • • State uormal 

exceeding tour thousand dollars, payable in semi-annual school. 
instalments, to be expended under the direction of the 
state board of education. 

To enable small towns to provide themselves with school superin- 
school superintendents, a sum not exceeding sixty-three smaii towns. 
thousand seven hundred and fifty dollars. 

For the education of deaf pupils of the Commonwealth Edncation of 
in the schools designated by law, a sum not exceeding 
fifty-five thousand dollars. 

For the care and maintenance of the educational mu- Educational 
seum, the sum of five hundred dollars. mu:,eum. 

For expenses in connection with the examination and frfcf™ertmi°rtion 
certification of school teachers by state authority, a sum of^schooi teach- 
not exceedino; five hundred dollars. 

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

Approved February 26, 1897. 

An Act to authorize certain chakitable, educational and (JJiar)^ 97, 
other corporations to hold additional real and personal " 

estate. 

Be it enacted, etc., asfolloivs: 

Section 1. Section one of chapter ninety-six of the is96, 96, §i, 
acts of the year eighteen hundred and ninety-six is hereby "'"^^ 
amended by striking out in the first and second lines, the 
words "chartered by the legislature", and inserting in 
place thereof the words : — organized under any general 
or special law of this Commonwealth, — and by striking 
out in the fifth line, the word "five", and inserting in 



79, 



Acts, 1897.— Chap. 98. 



place thereof the word: — fifteen, — so as to read as 
tton*8^raav?okf* follows : — Sectioii 1. Ally corporation heretofore or- 
additiouai ganized under any general or special law of this Com- 
monwealth for any of the purposes mentioned in section 
two of chapter one hundred and fifteen of the Puljlic 
Statutes may hold real and j^ersonal estate to the amount 
of not more than fifteen hundred thousand dollars, for the 
purposes set forth in its charter. 

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

A'p'provQd February 26, 1897. 

(JJiap, 98. ^^' ^CT TO AUTHORIZE AN EXCHANGE OF LANDS IN WALTHA3I BY 
THE TRUSTEES OF THE MASSACHUSETTS SCHOOL FOR THE FEEBLE- 
MINDED. 

Be it enacted, etc. , as foUoivs : 

KoffoMhl Section 1. The Massachusetts School for the Feeble- 
Feebie-minded miuded is licrcby authorized and empowered to exchange 
certain lands a ccrtaiu parcel of land owned by the Commonwealth and 
in alt am. gjtuated ou the easterly side of North street in Waltham, 
opposite to land occupied by said school, containing 
about three acres, and bounded and described as follows : 
— Beginning at a point upon the easterly side of North 
street w^here the premises join land of the heirs of James 
F. Baldwin ; thence on land of said heirs north, sixty- 
five and one half degrees east, by the wall to the barn 
and throuo-h the barn one hundred and seven and one 
half feet to an angle ; thence north, forty-seven and one 
quarter degrees east, two hundred and sixty-five feet to 
a corner at land of Edward Lawrence ; thence on land 
of said Lawrence south, forty-six degrees east, two hun- 
dred and six feet and south, thirty-five and three quarters 
degrees west, four hundred and seventy feet to said 
street ; thence northwesterly on said street to the point 
first mentioned ; — for a certain parcel of land owned by 
I the heirs of James F. Baldwin, deceased, situated in 

Waltham and adjoining land owned by the Common- 
wealth and occupied by said school, and bounded and 
described as follows : — Beginning at a split granite stone 
at the northeast corner of the premises where it joins 
land of the heirs of James F. Baldwin ; thence south, 
thirty-eio'ht decrees Avest, eiii'ht hundred and fortv-three 
and one third feet on land of said heirs to a drill hole in a 
foundation stone of a wall at land of Samuel D. Warren ; 
thence north, twenty-nine degrees west, one hundred and 



Acts, 1897. — Chaps. 99, 100. 73 

eleven feet, north, thirty-three and one half degrees west, 
eighty-nine feet, north, forty-eight degrees west, thirty- 
five and one half feet, north, twenty-two and one half 
degrees east, one hundred and ten feet, north, eleven and 
one half degrees east, twelve and one half feet, north, 
twelve degrees west, seventy-eight feet, north, thirty- 
seven and one quarter degrees east, six hundred and 
fifty-nine feet, all on land of said Warren as the wall now 
stands, to a corner at land of said heirs ; thence south, 
forty-five degrees ten minutes east, two hundred and 
seventy feet on land of said heirs as the wall now stands 
to land of said heirs ; thence south, fourteen and three 
quarters degrees east, fifty-two and one half feet on land 
of said heirs to the stone first mentioned ; containing five 
acres more or less of land, as shown by a plan of the 
same drawn by Albert E. Wood, surveyor, dated Janu- 
ary, eighteen hundred and ninety-seven. 

Section 2. The treasurer of said Massachusetts School Jl^Ztlfnd^^ 
for the Feel)le-minded may execute and deliver the deed deliver deed, 
in the name and on behalf of the Commonwealth to the 
heirs of said James F. Baldwin of said first described 
parcel of land, and shall receive in exchange therefor 
from said heirs, and deliver to the treasurer of the Com- 
monwealth, the deed duly executed from said heirs to the 
Commonwealth of said last described parcel of land. 

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

. Approved February 26, 1897. 

An Act relative to calling meetings of street railway QJiQ'i'f^ 99^ 

CORPORATIONS. 

Beit enacted, etc., as follows : 

Section 1. Street railway companies shall be subject ^V.°s!"m*^' 
to the provisions of section fifty-two of chapter one hun- § ^•^ 
dred and twelve of the Public Statutes. 

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

Approved February 26, 1897. 

An Act to authorize the city of Cambridge to make an (JJkij) 100 
additional water loan. 

Be it enacted, etc., as follows : 

Section 1. The city of Camljridge, by its city coun- ^mbridge 
cil, is hereby authorized to issue, in addition to the 
amounts now authorized by law, notes, scrip or bonds, 



Acts, 1897. — Chap. 101. 



Cambridge 
Water Loan. 



to ])e denominated on the face thereof, Camln'idae "Water 
Loan, to an amount not exceeding one million dollars, 
bearing interest not exceeding four per cent, per annum, 
payable semi-annually, the principal to be pa3'aljle at 
periods not exceeding thirty years from the date of issue. 
The proceeds of said loan shall be used in settling dam- 
ages for property taken and which may l)e taken in the 
completion of the Stony Brook supply, authorized by 
chapter two hundred and fifty-six of the acts of the year 
eighteen hundred and eighty-four ; for constructing, com- 
pleting and keeping in repair roads adjoining and bound- 
ing lands bought and taken in connection with its Fresh 
Pond reservoir, as authorized in chapter one hundred and 
thirty-seven of the acts of the year eighteen hundred 
and eighty-eight ; in settling damages for property taken 
and which may be taken, and expenses incurred and which 
may be incurred in j^roviding a distributing and higher 
service reservoir and other works, as authorized by and 
described in chapter four hundred and twenty-one of the 
acts of the year eighteen hundred and ninety-two ; for 
constructing, keeping in repair, changing the grade, dis- 
continuing, relocating streets, settling damages sustained, 
expenses, and co.st8 incurred and to be incurred, as au- 
thorized by and described in chapter three hundred and 
fifty-four of the acts of the year eighteen hundred and 
ninety-five ; and for any and all other purposes connected 
with the protection and extension of the water supply and 
the renewal, enlargement and construction of the water 
works of said city of Cambridge. 
to^appbV*^' Section 2. All the provisions of chapter two hundred 
and fifty-six of the acts of the year eighteen hundred and 
eightj^-four and the acts referred to therein, in regard to 
the establishment and maintenance of a sinking fund for 
the redemption of the Cambridge water loan, shall apply 
to the loan authorized by this act. 

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

Approved February 26 ^ 1897. 



Cha2?A01 



An Act to authorize the city of brockton to issue addi- 
tional AVATER BONDS. 

Be it enacted, etc., as folloios : 

WateVLoan. Section 1. The city of Brockton, for the purposes 

mentioned in section four of chapter one hundred and 
twenty-four of the acts of the year eighteen hundred and 



Acts, 1897. — Chap. 102. 75 

seventy-eioht, may i8sue from time to time notes, bonds Brockton 

• V,,. 1 ,• 11 -J. Water L,oaa. 

or scrip, signed by its treasurer and countersigned by its 
mayor, to be denominated on the face thereof, Brockton 
Water Loan, to an amount not exceeding one hundred 
thousand dollars in addition to the amounts heretofore 
authorized by law to be issued by the town or city of 
Brockton for the same purposes. Said notes, Ijonds or 
scrip shall be issued upon the same terms and conditions 
and with the same powers as are provided in said act for 
the issue of the Brockton water loan by the town of 
Brockton : provided, that the whole amount of such notes. Proviso. 
bonds or scrip issued by said town or city for the same 
purposes shall not exceed eight hundred and twenty thou- 
sand dollars. 

Section 2. This act shall take eifect upon its accept- ^E'°*^''' 
ance by a vote of two thirds of all the members of each 
branch of the city council of said city of Brockton. 

Approved February 26, 1897. 



Chap.102 



An Act to authorize the town of welleslev to obtain an 
additional water supply and to make an additional water 

LOAN. 

Be it enacted, etc. , as follows : 

Section 1. The town of AVellesley, for the purpose of ,^f/iand! ''"" 
increasing its water supply by means of driven, artesian water rights, 
or other wells, and l)y the construction and maintenance 
of filter beds, reservoirs and other works or structures 
which may be necessary or desirable for such purpose, 
and for the purpose of protecting its water supply or any 
part thereof, may take from time to time by purchase or 
otherwise, and hold, any land in said town within three 
thousand feet of any part of Rosemary Brook or Long- 
fellow's Pond, together with any water standing or flowing 
on, in or under said land and any water rights connected 
therewith. The provisions of sections three and four of and i to kppiy. 
chapter one hundred and sixty-six of the acts of the year 
eighteen hundred and eighty-three shall apply to all tak- 
ings under this act. In connection with any property 
' ac(]uired under this act and in the acquisition or taking 
thereof said town and its water commissioners shall have 
all the rights, powers and privileges granted to it and to 
them by said chapter one hundred and sixty-six, in addi- 
tion to those herein granted. 



76 



Acts, 1897. — Chap. 103. 



Proviso. 



May provide 
for annual pay- 
ments on loan. 



wIte/Loan. SECTION 2. Said towii, for the purpose of paying the 

necessary expenses and liabilities incurred under the pro- 
visions of section one of this act, or under the provisions 
of said chapter one hundred and sixty-six of the acts of 
the year eighteen hundred and eighty-three, may issue 
from time to time bonds, notes or scrip, to be denomi- 
nated on the face thereof, Wellesley Water Loan, to an 
amount not exceeding one hundred and fifty thousand 
dollars in addition to the amounts heretofore authorized 
by law to be issued by said town for water supply pur- 
poses ; said Ijonds, notes or scrip to be issued upon the 
same terms and conditions and with the same powers as 
are provided in said chapter one hundred and sixty-six 
for the issue of the Wellesley water loan by said town : 
jjrovided, that the whole amount of such bonds, notes or 
scrip issued by said town for water supply purposes shall 
not in any event exceed the amount of four hundred and 
twenty-five thousand dollars. 

Section 3. Said town instead of establishing a sink- 
ing fund, as provided in said chapter one hundred and 
sixty-six, may, at the time or times of authorizing said 
loan or any part or parts thereof, provide for the pa}^- 
ment of said loan, or of the part or parts thereof then 
authorized, in annual payments of such amounts as will 
in the aggregate extinguish the same within the time pre- 
scribed in said chapter one hundred and sixty-six ; and 
when such vote has been passed the amount required 
thereby shall without further vote be assessed by the 
assessors of said town in each year thereafter until the 
debt incurred by said loan shall be extinguished, in 
the same manner as other taxes are assessed under the 
provisions of section thirty-four of chapter eleven of the 
Public Statutes. 

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

Approved February 26, 1897. 

C^ ft/?. 103 ^^ -A^CT KELATIVE TO THE ELECTION OF COMMISSIONERS OF THE 

SINKING FUNDS IN THE TOWN OF WELLESLEY. 

Be it enacted, etc., as follows: 

Section 1. The town of Wellesley shall in the year 
eighteen hundred and ninety-seven and thereafter annu- 
ally elect commissioners of its sinking funds in the man- 
ner provided by section ten of chapter twenty-nine of the 
Public Statutes. 



To elect com- 
missioners of 
sinking funds. 



Acts, 1897. — Chap. 104:. 77 

Section 2. No person holding or being a candidate certain persons 
for the office of water commissioner in said town shall be ''^^ '''^sibie. 
eligible as commissioner of the sinking funds. 

Section 3. Upon the election and qualification of ^u^'ing^funds. 
such commissioners the sinkino; funds of said town shall 
be transferred to their possession by the trustees then 
holding the same. 

Section 4. Such provisions of chapter one hundred ^^p**^^- 
and sixty-six of the acts of the year eighteen hundred and 
eighty-three as are inconsistent with this act are hereby 
repealed. 

Section 5. This act shall take effect upon its passage. 

Approved February 26, 1897. 



Chap.lOi 



tious. 



An Act making appropriations for sundry charitable ex- 
penses. 

Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned, in this Appropria- 
section, are appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
purposes specified, to meet expenses for the six months 
ending on the thirtieth day of June in the year eighteen 
hundred and ninety-seven, to wit : — 

state board of lunacy and charity. 

For expenses of the state board of lunacy and charity, Board of lunacy 
including travelling and other necessary expenses of 
members, and salaiy and expenses of the clerk and audi- 
tor of said board, a sum not exceeding twenty-five hun- 
dred dollars. 

For salaries and expenses in the department of the indoor poor. 
indoor poor, a sum not exceeding twenty thousand 
dollars. 

For salaries and expenses in the department of the out- outdoor poor. 
door poor, a sum not exceeding twelve thousand five 
hundred dollars. 

For salaries and expenses in the department of the inspector of 
inspector of institutions, a sum not exceeding fifty-five 
'hundred dollars. 

For travellino- and other necessary expenses of the aux- Auxiliary 

•T • • • 1 1 If! 1 1 • visitors. 

iliary visitors ot the state l)oard of lunacy and charity, a 
sum not exceeding seven hundred and fifty dollars. 



78 



Acts, 1897. — Chap. 104. 



Transportation 
of state 
l)auper8. 

State lunatic 
paupers. 



Maintenance of 
insane paupers 
by certain 
towns. 



Indigent and 
neglected 
children, etc. 



Support of cer- 
tain state 
paupers. 



Dangerous dis- 
eases. 



Appropria- 
tions. 



Education of 
certain chil- 
dren. 



Sick state 
paupers. 



Burial of state 
paupers. 



exceeding one 



MISCELLANEOUS CHARITABLE. 

For transportation of state paupers, a sum not exceed- 
ing ten thousand dollars. 

For the su})port 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 
hundred 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 l)e 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 [)resent year. 

For the care and maintenance of indigent and neglected 
children and juvenile ofienders, to include expenses in 
connection with the same, a sum not exceeding forty-four 
thousand dollars. 

For the support of state paupers in the Massachusetts 
School for the Feeble-minded and the Hospital Cottages 
for Children, a sum not exceeding forty-two hundred and 
fifty dollars. 

For expenses in connection with smallpox and other dis- 
eases dangerous to the public health, for the present and 
previous years, a sum not exceeding fifteen hundred dollars. 

Section 2. The sums hereinafter mentioned, in this 
section, are appropriated, to be paid out of the treasury 
of the Commonwealth 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-seven, to wit : — 

For the education and instruction in the public schools 
in any city or town in the Commonwealth of children 
boarded or bound out l)y the state board of lunacy and 
charity, for the present and ])revious years, a sum not 
exceeding twelve thousand dollars. 

For the support of sick state paupers by cities and 
towns, for the present and previous years, the same to 
include cases of wife settlement, a sum not exceeding 
eighty-seven thousand three hundred dollars. 

For the burial of state paupers by cities and towns, for 
the present and previous years, a sum not exceeding ten 
thousand dollars. 



Acts, 1897. — Chaps. 105, 106. 79 

For temporary aid for state paupers and shipwrecked Temporary aid. 
seamen by cities and towns, for the present and previous 
3^ears, a sum not exceeding forty thousand dollars. 

For the support and transportation of unsettled pauper unsettled 
infants in this Commonwealth, including infants in infant ^''''"p®^ ^° "^^t^- 
asylums, a sum not exceeding twenty-nine thousand 
dollars. 

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

Approved February 26^ 1897. 

An Act making appropriations for carrying out the provi- QJiay) 1 05 

SIGNS of the act RELATING TO THE EMPLOYMENT OF LABOR IN 
THE PRISONS OF THE COMMONWEALTH. 

Be it enacted^ etc. , as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
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-seven, to wit : — 

For maintaining industries at the state prison, on the industries at 
basis of the year eighteen hundred and ninety-six, a sum ^*'''«p"*°'^- 
not exceeding one hundred thousand dollars. 

For maintaining industries at the Massachusetts re- Massachusetts 
formatory, a sum not exceeding fifty thousand dollars. reformatory. 

For maintaining industries at the reformatory prison Reformatory 
for women, a sum not exceedins; three thousand dollars. 

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

Approved February 26, 1897. 



prison for 
women. 



Cha2?.106 



An Act making appropriations for expenses of the Massa- 
chusetts NAUTICAL training SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
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-seven, to wit : — 

For the payment of current expenses of the Massachu- Nautical train- 



setts nautical training school on board the United States 
ship Enterprise, a sum not exceeding fifty thousand 
dollars. 



ing school. 



80 Acts, 1897. — Chaps. 107, 108, 109. 

Expenses of Yqy ^he iiecessarv expenses of the commissioners of the 

commissiouers. •'. i*^.. ,, •it 

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 elfect upon its passage. 

Ap2)roved February 26 y 1897. 

ChCtP.XOl ^^ -^^"^ MAKING AN APPROPRIATION FOR CONTINUING TJIE WORK 

OF EXTERMINATING THE GYPSY MOTH. 

Be it enacted, etc., asfoUoios: 

onhe'^yp^By°° Section 1. The sum of one hundred and fifty thou- 
moth. sand dollars is hereby appropriated, to be paid out of the 

treasury of the Commonwealth from the orclinary revenue, 
to be expended under the direction of the state board of 
agriculture, as authorized by chapter two hundred and ten 
of the acts of the year eighteen hundred and ninety-one, 
for continuing the work of exterminating the gypsy moth, 
during the year ending on the thirty-first day of December 
in the year eighteen hundred and ninety-seven, said sum 
to be in addition to any amount unexpended of the appro- 
priation of the year eighteen hundred and ninety-six. 
Section 2. This act shall take efiect upon its passage. 

Approved February 26, 1S97. 

ChCtV'^OS ^^ ^^^ RELATIVE TO INDEBTEDNESS INCURRED BY THE CITY OF 

NEAVTON FOR SEWER PURPOSES. 

Be it enacted, etc., as follows: 
Not to be Section 1. In determining the limit of indebtedness 

incluaea in i • i i • i 

determining of the city of Ncwtoii dcbts whicli have been incurred or 
which may hereafter be incurred for the construction of 
main drains and common sewers, to the amount of one 
million five hundred thousand dollars, shall not be in- 
cluded . 

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

Approved February 26, 1897. 

(JJiap.XOQ -^N -'^CT RELATIVE TO THE DIVISION OF PROFITS OF SAVINGS BANKS 

AND INSTITUTIONS FOR SAVINGS. 

Be it enacted, etc., as follows: 
1894, 317, § 26, Section 1 . Scctiou tweutv-six of chaiiter three hun- 

ameuded. n ■> i. ^ • ^ t 

dred and seventeen or the acts or the year eighteen hun- 
dred and ninety-four is herel)y amended by striking out 
in the fourteenth line, the word "and", and inserting 



Acts, 1897.- Chap. 110. 81 

after the word ^' standing", in the same line, the follow- 
ing words : — 2')rovided, liowever^ in computing dividends 
as aforesaid, sums deposited on or before the third day 
of the quarter next preceding, or the third day of the 
half year next preceding, may be considered as having 
been on deposit for three months and six months respec- 
tivelv, — so as to read as follows : — Section. 26. The DiviBion of net 

nj c 1 j_' /!;_ 1 1 profit of savings 

income or proht ot every such corporation, aiter a deduc- banks, etc. 
tion of all reasonable expenses incurred in the manage- 
ment thereof, and the amounts reserved for the guaranty 
fund, shall be divided among its depositors or their legal 
representatives at times fixed by its by-laws, in the fol- 
lowino- manner : Ordinarv dividends shall be made everv 
six months, and shall not exceed two and one half per 
cent, on all sums which have been on deposit for the six 
months then next preceding, or one and one fourth per 
cent, on all sums which have been on deposit for the three 
months then next preceding ; and no ordinary dividend 
shall be declared or paid except as above-provided, nor 
upon a deposit of less than three months' standing : 2^'^'^- Proviso. 
vicled, however, in computing dividends as aforesaid, sums 
deposited on or before the third day of the quarter next 
preceding, or the third day of the half year next preced- 
ing, may be considered as having been on deposit for 
three months and six months respectively. Any such 
corporation may, by its by-laws, provide that no divi- 
dends shall be declared or paid on a less sum than three 
dollars, or on the fractional part of a dollar. 

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

Apjrroved February 27, 1897. 

An Act relative to fishing in the merrimac river. Oliar) 110 

JBe it enacted, etc. , as folloios : 

Section 1. Whoever takes shad or alewives in that Fishing in 
part of the Merrimac river where the tide ebbs and flows, regulated. 
by the use of a gill net of any description, or of a sweep 
seine having a mesh which stretches less than one and 
three quarters inches, shall forfeit twenty-five dollars for 
each offence, and in addition shall forfeit the fish taken 
and the apparatus used. 

Section 2, Chapter two hundred and one of the acts Repeal. 
of the year eighteen hundred and ninety-three, and sec- 
tion one of chapter eighty-eight of the acts of the jeav 
eighteen hundred and ninety-five are hereby repealed. 

Approved March 2, 1897. 



Acts, 1897. — Chaps. Ill, 112. 



(7^rtX>.lll An Act TO repeal the act to prohibit the shooting of wild 

FOWL IN THE waters IN AND AROUND NANTUCKET. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and forty-six of the 
acts of the year eighteen hundred and eighty-six, entitled, 
" An Act to prohil)it the shooting of wild fowl in the 
waters in and around Nantucket", is hereby repealed. 

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

Approved March 5, 1897. 



1886, 246, re- 
pealed. 



Chaplin ^^ ^c^ ^^^-^^^^ A 



PPROPRIATIONS FOR SALARIES AND EXPENSES 
AT THE LYMAN SCHOOL FOR BOYS. 



Appropria- 
tions. 



Lyman school 
for boys. 



Expenses. 



Agents. 



Boarding out 
children. 



Instruction of 
certain chil- 
dren. 



Be it enacted, etc., asfoHoivs: 

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-seven, to wit : — 

For the payment of salaries, wages and labor at the 
Lyman school for boys, a sum not exceeding twenty- 
seven thousand dollars. 

For current expenses at the Lyman school for boys, a 
sum not exceeding thirty-five thousand nine hundred and 
seventy-five dollars. 

For salaries and expenses of such agents as the trustees 
of the Lyman and industrial schools may deem necessary 
to employ, a sum not exceeding five thousand dollars. 

For expenses in connection with boarding out children 
l)y the trustees of the Lyman and industrial schools, a 
sum not exceeding four thousand dollars. 

For the education and instruction in the pul)lic schools 
in any city or town in the Commonwealth of children 
boarded or bound out l)y the trustees of the Lyman and 
industrial schools, a sum not exceeding five hundred and 
seventy-six dollars. 

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

Approved March 4, 1897. 



Acts, 1897. — Chaps. 113, lU, 115. 83 



An Act to pkovide that stenographic reports of committee (Jlinn 113 

HEARINGS OF THE GENERAL COURT SHALL BE DEPOSITED IN THE ^' 

STATE LIBRARY. 

Be it enacted^ etc., as follows: 

The stenographic reports of all committee hearings of feporfs ofTO^m- 
the general court shall be deposited in the state library '^'*vj®'^^'^''^i^?^ 
on or before the end of the session at which said hearings iq state library. 
were authorized ; but such reports of committee hearings 
held during a recess shall be so deposited before the con- 
vening of the next general court. 

Approved March 4, 1897. 

An Act concerning the annual appropriation for the state Qhrtj) 114 

LIBRARY. 

Be it enacted, etc. , as folloios : 

Section 1. The sum of six thousand five hundred state library. 
dollars shall l)e annually appropriated for the state library 
and expended under the direction of the trustees and li- 
l)rarian thereof in purchasing or otherwise procuring such 
l)ooks, maps, charts and works as they deem most use- 
ful ; in binding and keeping in good condition the works 
in said library, and in purchasing furniture and other 
necessary conveniences therefor. 

Section 2. Section one of chapter twenty-four of the Repeal, 
acts of the year eighteen hundred and eighty-eight is 
hereby repealed. 'Approved March 4, 1897. 

An Act to change the name of the trustees of the newton (JhdYf 11 5 

CORNER METHODIST EPISCOPAL CHURCH. 

Be it enacted, etc., as folloios: 

Section 1. Section one of chapter two hundred and amended.^ ^' 
sixty-three of the acts of the year eighteen hundred and 
ninety-six is herel)y amended by inserting after the words 
" The name of the", in the first line, the words : — cor- 
poration heretofore known as The Trustees of the, — so 
as to read as follows : — Section 1 . The name of the Name changed, 
corporation heretofore known as The Trustees of the 
^Kewton Corner Methodist Episcopal Church is hereljy 
changed to Newton Methodist Episcopal Church. 

Section 2. Section two of said act is hereby amended a^aendfd,^^' 
by adding at the end thereof the words : — and all acts 
and proceedings of said corporation under either of said 



84 Acts, 1897. — Ch.vps. 116, 117. 

names are herel)y ratified and declared valid, — so as to 
Gifts, bequests, read as follows : — Section 2. All gifts, grants, l)e(|uests 
**"■ and devises heretofore or hereafter made to said corpora- 

tion under either of said names shall vest in said Newton 
INIethodist Episcopal Church, and all acts and proceedings 
of said corporation under either of said names are hereby 
ratified and declared valid. 

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

Approved March 4, 1897. 

Cliaj).WQ An Act TO AUTHORIZE cities and tom'ns to make by-la avs and 

ORDINANCES REGULATING THE USE OF SEWERS. 

Be it enacted, etc., as folloios : 
May make by- Section 1. Auv citv Or towu in the Commouwealth 

laws regulating i t i '^ n t i r^,^ i . • 

use of sewers, may make by-laws and ordinances, and ainx penalties 
thereto not exceeding fifty dollars for one offence, regu- 
lating the use of the pul)lic sewers and the materials that 
may be emptied and deposited therein and connections 
that may be made therewith. 
maybVrJ^'^^ Section 2. Any court having jurisdiction may re- 
stricted, etc. strain any use of the pul)lic sewers or the placing and 
depositing of any materials therein or the making of an}^ 
connections therewith contrary to the provisions of any 
by-law or ordinance made under the provisions of section 
one. 

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

A2J2)roved March 5, 1897. 

Chap.Wl -^^ Act RELATIVE TO CONCENTRATED COMMERCIAL FEED STUFFS. 

Be it enacted., etc., as follows: 

^SlllalelT' Section 1. The director of the Hatch experiment sta- 
Btiiffs may be ^ioii of the Massachusctts Asrricultural Colleije is hereby 

takeu, etc. , , , & o J 

authorized and directed, in person or hj deputy, to take 
samples not exceeding two pounds in weight from any 
lot or package of concentrated commercial feed stufi', 
used for feeding any kind of farm live stock, which may 
be in the possession of any manufacturer, importer, agent 
or dealer, cause the same to l)e analyzed for the amount 
of crude protein and crude fat contained therein, as well 
as for other ingredients if thought advisable, and cause 
the results of the analyses to be published from time to 
time in specially prepared bulletins, with such additional 
information as circumstances ad\Hse : i^rovkled, however, 
that in publishing the results of the analyses the names 



Acts, 1897. — Chap. 118. 85 

of the jobbers or local dealers selling the said feed stiifl's 
shall not be used, but the commodity analyzed shall be 
identified and described by the name of the manufacturer 
and the commercial name or designation by which it is 
known in the trade. 

Section 2. Whenever requested said samples shall ^amplfs^ltc. 
be taken in the presence of the party or parties in in- 
terest or their representative, and shall in all cases be 
taken from a parcel or number of packages which shall 
not be less than five per cent, of the whole lot inspected, 
shall be thoroughly mixed and then divided into two 
equal samples and put in glass vessels and carefully 
sealed, and a label placed on each vessel stating the 
name or lirand of the feed stuff" or material sampled, the 
name of the manufacturer when possible, the name of 
the party from whose stock the sample was taken, and 
the time and place of taking ; said lal^el shall be signed 
by the director or his deputy and by the party or parties 
in interest or their representative, if present at the taking 
and sealing of the samples. One of said duplicate samples 
shall be retained by the director and the other by the 
party whose stock was sampled. 

Section 3. To defray the expenses of collecting and fo^iSng^itc. 
analyzing the samples and of publishing the results the 
sum of twelve hundred dollars shall be allowed and paid 
annually in semi-annual payments from the treasury of 
the Commonwealth into the treasury of the Massachusetts 
Agricultural College. 

Section 4. This act shall take effect on the first day T^j'^^^^ilfy''* 
of July in the year eighteen hundred and ninety-seven. 

Approved March 5, 1897. 

An Act relative to returns of fires. CJlClpAlS 

Be it enacted, etc., as follows: S 

Section 1 . Every insurance company transacting busi- panies to^notify 
ness in this Commonwealth shall, upon receiving notice state Are 

. ' i O marshal of re- 

01 loss by tire upon property m Massachusetts on which ceipt of notice 

• •• •. ■« of loss bv fire. 

it is liable under a policy of insurance, forthwith notify 
the state fire marshal thereof, and no insurance upon any 
such property shall be paid liy any company until one 
week after such notification. 

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

Approved March 5, 1897. 



86 Acts, 1807. — Chaps. 119, 120, 121. 



C/i«??.119 ^^ -^CT RELATIVE TO PREFERRED CLAIMS IN CASES OF INVOLUN- 
TARY INSOLVENCY. 

Be it enacted, etc., as follows: 

bemadra^8"?e. Section 1. Upoii the petition of a creditor upon 
ferred claim In -^hosc a]')]:)lication a Warrant in insolvency has issued in 

certain cases or /.•! • ii ^ 

insolvency. the court oi insolvency against a debtor whose estate is 
in process of settlement in said court under chapter one 
hundred and fifty-seven of the Public Statutes and the 
acts in amendment thereof, and after notice to such 
debtor and his assignee, if one has been appointed, the 
court of insolvency may allow as a preferred claim 
asrainst the estate of said debtor such sum of monev, or 
any part thereof, as said creditor has actually paid for 
his expenses and for counsel fees incurred for services 
rendered in such application and in the legal proceedings 
connected therewith prior to the issuing of the warrant, 
provided the court deems the same just and reasonable 
and for the benefit of said estate. Such petition shall 
be verified by the oath of the creditor and of the counsel 
to whom such money was paid. 

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

AjDjyroved March 5, 1S97. 

CJiajJ. 120 An Act relative to the management of insolvent estates. 
Be it enacted, etc., asfolloivs: 

de"btor^ma°/be Section 1. Auy court of insolvcucy may in its dis- 
carriedonin crctioii, ou sufficiciit causc sliowu, dircct the messenoer 

certain cases. . i i . /• i i i 

or assignee to carry on the business of the debtor or any 
part thereof, under the direction of the court, when in 
its judgment the interest of the estate as well as of the 
creditors will be promoted therel^y. 

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

Approved March 5, 1897. 

Chccp.\2\ An Act to further define the authority of the metropol- 
itan park commission. 

Be it enacted, etc., asfolloivs: 

^con^m Jda" Section 1 . The metropolitan park commission, created 

in°g"and"boating, ^^Y chaptcr four hundred and seven of the acts of the year 
**<>• eighteen hundred and ninety-three, may provide and main- 

tain upon any land or reservations under its care, suital)le 
accommodations for bathing and boatina:, and for the use 



Acts, 1897. — Chap. 122. 87 

of the same may establish rules and regulations, and 
make reasonable charges, and the cost thereof, to an 
amount not exceeding one hundred thousand dollars, 
shall be paid from that portion of the Metropolitan Parks 
Loan reserved to sinking fund and other purposes by 
chapter five hundred and fifty of the acts of the year 
eighteen hundred and ninety-six. 

Section 2. All sums of money hereafter collected or Mone5- received 
received by said commission, including sums received for paymenfof ex'° 
rentals, sales, or use of property under its care, and all mlgsfon!^ ''°°^' 
fines recovered for violations of law within the limits of 
the lands, roadways or boulevards under its care, shall be 
accounted for and paid to the treasurer and receiver gen- 
eral of the Commonwealth, and shall be placed by him 
to the credit of and added to the funds provided hy law 
for meeting the expenses of said commission, and may 
be expended by said commission in addition to any loans 
or appropriations authorized for park purposes. 

Section 3. The police appointed or employed by said pouce?' ^**^"'°^ 
commission, in accordance with the provisions of chapter 
four hundred and seven of the acts of the year eiohteen 
hundred and ninety-three and chapter two hundred and 
eighty-eight of the acts of the year eighteen hundred and 
ninety-four and all acts in amendment thereof and in ad- 
dition thereto, shall have within the metropolitan parks 
district all the powers of police officers and constables of 
cities and towns of this Commonwealth, except the power 
of serving and executing civil process, and when on duty 
maycarry such weapons as said commission shall authorize. 

Section 4. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved March 5, 1897. 

An Act to authorize the supkeme council of the home circle (Jhrt^ 1 22 
to hold its annual meetings without the commonwealth. 

Be it enacted, etc., as follows: 

The Supreme Council of the Home Circle may hold its May hold meet. 
annual meetings in any state, the District of Columl)ia, thrc^mmon- 
,or in any province in the Dominion of Canada wherein '''®''*"^- 
a council of said association is established ; and its acts 
at such meetings shall have the same force and effect as 
if done within the Commonwealth, 

Approved March 5, 1897. 



88 



Acts, 1897. — Chaps. 123, 121. 



School House, 
Sewer and 
Funding Loan 
of 1897. 



Sinking fund. 



Ch(ipA2S An Act to authorize the city of north adams to issue 

BONDS OR NOTES FOR THE PURPOSE OF ACQUIRING LAND, ERECT- 
ING PUBLIC SCHOOL BUILDINGS THEREON, CONSTRUCTING SEWERS 
AND REFUNDING ITS NOTES. 

Be it enacted, etc., asfolloios: 

Section 1. The city of North Adams may issue 
bonds or notes of the city to an amount not exceeding 
the aggregate principal sum of two hundred thousand 
dollars beyond the limit now prescribed by law, and in 
addition to all amounts hitherto authorized. Such bonds 
or notes shall be designated, School House, Sewer and 
Funding Loan of 1897, and be payable in not exceeding 
thirty years from their date, and bear interest at a rate 
not exceeding four per cent, per annum, and shall be 
signed by the treasurer and countersigned by the mayor 
of the city. 

Section 2. The city shall provide a sinking fund and 
shall contribute thereto sums raised annually by taxation 
which shall be sufficient with accumulations to pay at 
maturity the principal of any bonds or notes issued under 
this act ; but if any of such bonds and notes 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 or notes, in his discretion, 
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 land for public 
school buildings, to erect, furnish and maintain public 
school Imildings, construct public sewers, and to refund 
any or all its notes now outstanding. 

Section 4. No bonds or notes 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. 

Approved March 5, 1897. 



Sale of bonds, 
etc. 



Not to be in- 
cluded iu deter, 
mining debt 
limit. 



Ch(ip.V2i^ An Act relative to proceedings against insolvent corpora- 
tions. 
Be it enacted, etc., asfolloios: 

Section 1. Section one hundred and thirty-six of 
chapter one hundred and fifty-seven of the Public Stat- 
utes is hereby amended by inserting after the word "cor- 



P. 8. 157, § 136, 
amended. 



tions. 



Acts, 1897. — Chap. 124:. 89 

poration ", in the first line, the words : — whether domestic 
or subject to the provisions of chapter three hundred and 
twenty-one of the acts of the year eighteen hundred and 
ninety, — by inserting after the word "law", in the 
seventh line, the words: — or if a corporation removes 
any part of its property from the state, with intent to 
defraud its creditors, or conceals any part of its property 
to prevent its being attached or taken on legal process, 
or procures its property to be attached or taken on any 
legal process, — by inserting after the word "thereof", 
in the ninth line, the words : — or stops or suspends and 
does not resume payment of its commercial paper within 
a period of fourteen days, — by inserting after the word 
" may", in the eleventh line, the words : — within ninety 
days thereafter, — so as to read as follows : — Section 136. Proceedings 

-r/. -Ill • !• 1 against msol- 

If a corporation, whether domestic or subject to the pro- vent corpora- 
visions of chapter three hundred and twenty-one of the 
acts of the year eighteen hundred and ninety, whose goods 
or estate are attached on mesne process in a civil action 
founded on a contract for the sum of one hundred dollars 
or upwards, which is in its nature provable under this 
chapter, does not within fourteen days from the return 
day of the writ, if the term of the court to which the 
process is returnable so long continues, or on or before 
the last day of the term if the same sooner ends, dissolve 
the attachment in the manner provided by law, or if a 
corporation removes any part of its property from the 
state, with intent to defraud its creditors, or conceals 
any part of its property to prevent its being attached or 
taken on legal process, or procures its property to be 
attached or taken on any legal process, or if a corporation 
makes a fraudulent payment, conveyance, or transfer of 
its property or any part thereof, or stops or suspends 
and does not resume payment of its commercial paper 
within a period of fourteen days, any of its creditors 
whose claims provable against its estate amount to one 
hundred dollars may, within ninety days thereafter, ap- 
ply by petition to the judge for the county in which the 
corporation is established, setting forth the facts and the 
^ nature of their claims, verified by oath, and praying that 
its estate may be seized and distributed according to the 
provisions of this chapter; and thereupon, after notice 
of the presentment of the petition given to the corpora- 
tion by a copy thereof served on its president, treasurer. 



90 Acts, 1897. — Chaps. 125, 126. 



^ -H_'»' I . \_/Xi.CjL.X O. _U-i»^j 



or clerk, thirty days at least before the return day of the 
notice, and a hearino; of the petitioners and corporation, 
or after default of the corporation to appear at the time 
and place in the notice appointed, if the facts set foi-th 
in the petition appear to be true, the judge shall forth- 
with issue his warrant to take possession of the estate of 
the corporation ; and such further proceedings shall be 
had thereon as upon a warrant issuing upon the petition 
of a corporation under section one hundred and twenty- 
seven. 

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

Ap2-)roved 3farch 5, 1897. 



Chap.1.25 ^^ ^CT TO RELIEVE THE TOWN OF AMESBUKY FROM ALL CHARGES 

ON ACCOUNT OF ROCKS BRIDGE. 

Be it enacted, etc., as follows : 

Rocks'Srrdge"^ Section 1 . The town of Amesbury shall be hereafter 
relieved of all charges on account of Rocks bridge. The 
county commissioners of Essex county shall, as soon as 
may be after the passage of this act, proceed to reappor- 
tion the cost of maintenance of said l)ridge upon such 
cities and towns as receive direct and specific benefit 
from the use of said bridge. 

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

Approved March 5, 1897. 

Ch(Xp.l.2G -A-N Act relative to payments by collectors of taxes in 

TOWNS AND to THE INSPECTION OF THEIR BOOKS. 

Be it enacted, etc., asfolloius: 

coHpctors^of Section 1. Every collector of taxes in any town shall 

monthly to pay over to the town treasurer on or before the fifth day 
monejs^'re. of cacli and cvcry month the moneys received by such 
ceived. collector during the preceding month on account of taxes. 

bo°okH!"ac!.* Section 2. Every collector of taxes in any town shall, 

counts, etc., upon demand by the board of selectmen of such town, 
exhibit to the selectmen, or to any person or persons 
whom they may designate, at any and all times during 
ordinary business hours, all of the l)ooks, accounts and 
vouchers of such collector of taxes relating to taxes com- 
mitted to him for collection, and to his receipts and pay- 
ments on account of taxes ; and he shall give to the 
selectmen, or any person designated by them, full oppor- 



Acts, 1897. — Chaps. 127, 128. 91 

tunity to examine all of said books, accounts and vouch- 
ers, and to make copies and extracts therefrom. 

Section 3. Any collector who fails to comply with I'enaity. 
the provisions of this act may be punished for every such 
failure by fine not exceeding three hundred dollars. 

Approved March 5, 1897. 



Chap.127 



An Act to authorize the town of melrose to incur ad- 
ditional INDEBTEDNESS FOR THE PURPOSE OF CONSTRUCTING 
A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The town of Melrose, for the purpose of ^e^LoL^ acT' 
defraying the expense of laying, making and maintaining o^ i^^^- 
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 one 
hundred thousand dollars. Such bonds, notes or scrip 
shall be denominated on the face thereof, Melrose Sewer- 
age Loan, Act of 1897 ; shall be payable at the expiration 
of periods not exceeding thirty years from the date of 
issue ; shall bear interest payable semi-annually at a rate 
not exceeding four per cent, per annum, and shall be 
signed by the treasurer and countersigned 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 compliance with the vote 
of said town, nor for less than the par value thereof. 

Section 2. The said bonds shall not be included or Not to be in. 
reckoned in determining the authorized limit of indebted- rari^nVdebf ^'" 
ness of the town of Melrose. ^'™^'- 

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

Apx>roved March 5, 1897. 

An Act relative to the duties and liabilities of county QJinrfy 1 0ft 

TREASURERS AND TO THE BORROWING OF MONEY BY COUNTIES. 

Be it enacted, etc. , as follows : 

Section 1. Section one of chapter twenty-three of the p. s. 23, § 1, 
Public Statutes is hereb}" amended by striking out all of '""^° 
said section and inserting in place thereof the following : — 
Section 1. All county treasurers hereafter elected, except County treas- 

— Tll'firfl to [)G 

in the county of Sufiblk, shall be sworn before the county sworn and to 

give bond. 



92 



Acts, 1897. — Chap. 128. 



p. S. 23,.§ 10, 
amended. 



commissioners of their respective counties, and due record 
thereof shall be made 1)y such commissioners. Each 
county treasurer shall give l)ond to the county, Avith 
sufficient sureties and in such penal sum as the commis- 
sioners shall direct, for the faithful discharge of the duties 
of his office. Such bond shall be in a form to be approved 
by the attorney-general of the Commonwealth, and an 
attested copy thereof, with a cei-tificate of the county 
commissioners that the original is in their possession, 
shall be filed with the secretary of the Commonwealth 
within one week after its approval by the county commis- 
sioners. Suit upon such bond may be brought in the 
name and for the benefit of the county, either by the 
county commissioners of such county or by the attorney- 
o;eneral of the Commonwealth. 

Section 2. Section ten of chapter twenty-three ol the 
Public Statutes is hereby amended by adding at the end 
thereof the following : — Each county treasurer shall be 
personally liable for any sum of money paid by him for 
any purpose, except payments specifically required by 
law, unless there is an unexpended balance of an appro- 
priation made for such purpose sufficient for such pay- 
ment, and shall be personally liable for any sum of money 
paid by him without the voucher and certificate required 
by law ; but this section shall not prevent county officers 
from continuing the several departments of service under 
their charge after the close of the financial year, until the 
pleasure of the general court is made known, at the rate 
of expenditure authorized by the appropriation of the 
previous year '.provided, however, that no new or unusual 
expense shall be incurred or permanent contract made or 
salary increased until an appropriation sufficient to cover 
the necessary expense thereof has been made by the gen- 
eral court, — so as to read as follows : — Section 10. A 
requh'ed of'Cffi. couuty trcasurcr may require in writing of any county 
accounts'^agah^'Bt officcr rendering an account against the county for pay- 
county, ment a written statement showing the chapter and section 
of the statute authorizing such payment or any part 
thereof, and if said requirement is made, payment of the 
account shall be withheld by the treasurer until it is com- 
plied with, and said statement, when received, shall be 
filed with the other vouchers ; and the county treasurers 
shall be personally liable for any sum of money paid by 
them to a county officer without authority of law. Each 



Written state- 



Acts, 1897. — Chap. 128. 93 



J 



county treasurer shall be personally liable for any sum coTinty tieas. 

n ^ ' ^ -, ^ • c 1 1 urers to be per- 

oi money paid by bim tor any purpose, except payments sonaiiy iiabie 
specifically required by law, unless there is an unexpended f or cen"am pu^ 
balance of an appropriation made for such purpose suffi- ^°*''*' ^^"^ 
cient for such payment, and shall be personally liable for 
any sum of money paid by him without the voucher and 
certificate required by law ; but this section shall not pre- 
vent county ofiicers from continuing the several depart- 
ments of service under their charge after the close of the 
financial year, until the pleasure of the general court is 
made known, at the rate of expenditure authorized by the 
appropriation of the previous year : provided, hoivever. Proviso. 
that no new or unusual ex]:)ense shall be incurred or per- 
manent contract made or salary increased until an appro- 
priation sufficient to cover the necessary expense thereof 
has been made by the general court. 

Section 3. Section twenty-six of chapter twenty- p. s. 23, §26, 
three of the Public Statutes is hereby amended by strik- ' 
ing out all of said section and inserting in place thereof 
the following : — /Section 26. County commissioners may county commia. 
incur debts for temporary loans in anticipation of and to incur debih' for 
be paid from the taxes, when collected, of the year in loaM^issue 
which such debts are incurred. Such debts shall not in °°*®*' ®*''' 
any year exceed the amount of the current annual tax, 
and until the annual tax is granted by the general court 
shall not exceed the amount of the previous annual tax. 
County commissioners may issue the note or notes of the 
county for such loans, bearing interest at such rate as 
may be necessary. Such note or notes shall be signed 
by the treasurer and countersigned by a majority at least 
of the county commissioners ; shall be expressly made 
payaljle from the taxes of the year in which they were 
issued ; shall become due and payable within one year 
from the incurring of the del)t for which they are issued ; 
and shall not be sold at less than par. Except as herein 
provided neither county commissioners nor county treas- , 

urers, except in Sufiblk and Nantucket counties, shall 
have authority to borrow money or negotiate loans upon 
the credit of the county, unless specially authorized to 
do so, for any particular purpose, by the legislature. 

Section 4. Section one of chapter two hundred and amended.^ ^' 
six of the acts of the year eighteen hundred and ninety 
is hereby amended by inserting after the word " orders ", 
in the second line, the words : — bear the signatures of a 



94 



Acts, 1897. — Chap. 129. 



Orders draw 
on county 
.treasurer to 
certified by 
clerk, etc. 



be 



majority at least of the county commissioners and, — so 
as to read as follows: — Section 1. County treasurers 
shall pay no orders drawn by the county commissioners 
unless such orders bear the sii::natures of a majority at 
least of the county commissioners and are duly certified 
by the clerk of the commissioners ; and clerks of county 
commissioners shall certify no orders so drawn to county 
treasurers until such orders are duly recorded as pro- 
vided in section seven of chapter twenty-three of the 
Public Statutes. Approved March 5, 1897. 



ChaV'^^'d ^^ ^^'^ KELATIVE TO THE EXAMINATION AND CEUTIFICATION OF 

THE ACCOUNTS OF COUNTY TREASUKERS. 



1890, 380, § 3, 
amended. 



Be it enacted, etc., as folloios : 

Section three of chapter three hundred and eighty of 
the acts of the year eighteen hundred and ninety is liere])y ' 
amended by inserting after the word "correct", in the 
third line, the words: — and accompanied by vouchers 
in which are stated in detail the items of each bill or 
account, and such vouchers confirm and sustain such bills 
and accounts ; and if, in case of all payments in excess 
of eight hundred dollars, the provisions of section twenty- 
two of chapter twenty-two of the Public Statutes as 
amended are found to have been complied with, — and 
by adding at the end thereof the words : — If such ac- 
counts are found to be incorrect or not accompanied by 
proper vouchers the controller shall, unless the inaccuracy 
or deficiency is promptly corrected, notify in writing the 
county commissioners of the county and the attorney- 
general of the Commonwealth, and shall also include a 
full statement of the matter in his next annual report, — 
Examination, go as to read as follows : — Section 3. When the con- 
troiier^of county trollcr of couuty accouuts makes the examination of the 
accounts. accounts of couuty treasurers required by law, if the 

same are found to be correct, and accompanied by 
* vouchers in which are stated in detail the items of each 

bill or account, and such vouchers confirm and sustain 
such bills and accounts ; and if, in case of all payments 
in excess of eight hundred dollars, the provisions of sec- 
tion twenty-two of chapter twenty- two of the Pul)lic 
Statutes as amended are found to have been complied 
with, he shall so certify on the cash books of the treas- 
urers and shall set forth at length the amount of the 
balance existing on the day that the examination is com- 



Acts, 1897. — Chaps. 130, 131. 95 



Chap.im 



pleted. If such accounts are found to be incorrect or 
not accompanied by proper vouchers the controller shall, 
unless the inaccuracy or deficiency is promptly corrected, 
notify in writing the county commissioners of the county 
and the attorney-general of the Commonwealth, and shall 
also include a full statement of the matter in his next 
annual report. Approved March 5, 1897. 

An Act imposing penalties for the violation op duties im- 
posed BY LAW upon county OFFICERS. 

Be it enacted^ etc. , as foUoivs : 

Section 1. For every wilful violation of any duty Penalties im. 
imposed by law upon county commissioners, or uix)n the certatnTo^unty 
clerk of the county commissioners, or upon the county °ffi<=^''«* 
treasurer of any county, such county commissioners, 
clerk or treasurer as may be adjudged guilty of such 
violation shall forfeit not less than fifty nor more than 
one thousand dollars. 

Section 2. The forfeiture provided in this act may Recovery of 
be recovered in an action of tort brought by the attorney- *°''^®"^"'"®' 
general, to the use of the county. 

Section 3. Nothing in this act shall be construed to certain liabiu- 
relieve the persons mentioned therein from any liability **^^°°*'*^^'^*^'^" 
to which they are now subjected by law. 

Section 4. Section twenty of chapter twenty-three p. s. 20, §20, 
of the Public Statutes is hereby amended by striking out ^™''" ^ 
the last sentence thereof, so as to read as follows : — 
Section 20. At the close of every year each county Treasurer to 

. in Ti« jj^ji J • render annual 

treasurer shall render his account to the county commis- account to 
sioners, and shall account with them for all money re- slZ'er^r"'""^" 
ceived and paid by him in behalf of the county ; and 
when the account is approved and allowed, it shall be 
delivered by him to the clerk of the commissioners. 

Section 5. Section twenty-three of chapter twenty- Repeal. 
three of the Public Statutes is hereby repealed. 

Approved March 5, 1897. 

An Act relative to suits on bonds of executors, adjunis- nhn-iy 1 3I 

TRATORS, guardians AND TRUSTEES. 

Be it enacted^ etc., as follows: 

Section nineteen of chapter one hundred forty-three of fiijfn^ed. ^ ^^' 
the Public Statutes is hereby amended by striking out the 
words '< supreme judicial court", in the second line, and 



96 Acts, 1897. — Chaps. 132, 133. 

inserting in place thereof the words : — superior court, — 
Suits upon so US to rcud as follows : — Section 19. Every suit on a 
broiighun" bond of an executor, administrator, guardian, or trustee 
Bupeiior court. ^\y^\\ jj^j |)i-oug]it in the supcrior court held for the county 

in which the bond was taken. 

Approved March 5, 1897. 

(77iaz?»132 ^^ ■^^'^ '^^ authorize towns to appropriate money for the 

PAYMENT OF THE CHARGES OF INSURANCE COMPANIES AS SURE- 
TIES ON BONDS OF TOWN OFFICIAUS. 

Be it enacted, etc., asfolloivs: 

bond'i^onown SECTION 1. Any towu may at a legal town meeting 
officials. vote to raise and appropriate money to pay a proper 

charge of an insurance company for acting as surety on 
the official bond given to such town by any of its officers 
for the faithful discharge of their duties. The selectmen 
of such town may accept an insurance company as suf- 
ficient surety upon such bond ; ))ut no insurance company 
shall be so accepted unless it is qualified to do business 
in this Commonwealth. 

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

Approved March 5, 1897. 

(JJlCt,7).\^'^ An Act making appropriations for expenses in connection 

WITH enforcing THE LAW TO REGULATE THE PRACTICE p¥ 
PHARMACY. 

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 hun- 
dred and ninety-seven, to wit : — 
Complaints^ For cxpcuses ill connection with carrying out the law 

tered pharma- relative to coiiiplaints against registered pharmacists, a 

sum not exceeding two thousand dollars. 
Granting of Yov the payment of all necessary expenses in connec- 

intoxicatiug tiou with caiTyiiig out the law relative to granting licenses 
liquors. ^^ druggists and apothecaries to sell intoxicating liquors, 

a sum not exceeding five thousand dollars. 
Sale of poisons. ^ov expeuscs in connection with carrying out the laws 
relative to the sale of poisons, a sum not exceeding five 
Proviso. hundred dollars : 2)^'ovided, hoivever, that any unexpended 



Acts, 1897. — Chaps. 134, 135. 97 

balance of the amounts herein authorized for carrying out 
the hiw rehitive to compkiints against registered pharma- 
cists and the payment of necessary expenses in connection 
with carrying out the law relating to granting licenses to 
druggists, etc., may be used for the same purpose. 

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

Approved March 6, 1S97. 

An Act kelativk to the board of library commissioners. (JJiaj) 134 
Be it enacted, etc., as foUoivs : 

Section 1. The board of library commissioners created '^^'^ ^°'Vr °^ 
by chapter three hundred and forty-seven of the acts of the Library com- 
year eighteen hundred and ninety shall hereafter be desig- 
nated, The Board of Free Pul)lic Library Commissioners. 

Section 2. Two thousand copies of the report of said poPt^**" °^ "^' 
board shall be annually printed as one of the public docu- 
ment series. Approved March 6, 1897. 

An Act to provide for the appointment of temporary njinj) 1 35 

GUARDIANS. 

Be it enacted, etc., asfolloivs: 

Section 1. Whenever an appeal shall be taken from Temporary 
the decision of the prol^ate court appointing a guardian be appolnted^in 
of a minor or an insane person said court may, upon the '=«'*'*'" '=''^*^*- 
petition of any friend or person in interest, with or with- 
out notice, appoint a temporary guardian ; and in case of 
appeal from such appointment such temporary guardian 
shall nevertheless proceed in the execution of his duties 
until otherwise ordered by the supreme court of probate. 

Section 2. Such temporary guardian shall, until other- Pfnyers and 
wise ordered, or until his removal or the appointment of 
a permanent guardian, have the same powers and perform 
the same duties with regard to the person and estate of 
the ward as permanent guardians, and may be decreed the 
custody of the person of minors if the court finds the 
parent or parents unfit to have such custody, or if it finds 
one of them unfit therefor and the other consents to such 
custody by the temporary guardian. 

Section 3. Such temporary guardian before entering to give bonds, 
on the duties of his trust shall give bonds with sufficient 
sureties, in such sum as the court may order, payal)le to 
the judge of probate and his successors, and with condi- 
tion that he will make and return to the probate court 



98 Acts, 1897. — Ciiaj\s. VUi, 1:37. 

within such time as it shall order, a true inventory of all 
the personal estate of the ward which at the time of mak- 
ing such inventory shall have come to his possession or 
knowledge, and that he will, whenever required by the 
probate court, truly account on oath for all the estate of 
the ward that may be received by him as such temporary 
guardian, and will deliver the same to any person who 
may be appointed guardian or may be otherwise law^fully 
authorized to receive the same. 

Section 4. This act shall take efi'ect upon its passage. 

Approved March 6, 1897. 

ChapASQ ^^ ^'^'^ '^^ AUTHORIZE THE SALE OF ESTATES SUBJECT TO RE- 
MAINDER OR REVERSION. 

Be it enacted, etc. , as folloius : 

Imended.^^* Section 1. Sectiou oiic of chapter one hundred and 

eighty-three of the acts of the year eighteen hundred and 
ninety-five is amended by striking out in the second line, 
the words "the supreme judicial court", and by insert- 
ing in place thereof the words : — or reversion, the pro- 
bate court having jurisdiction where said estate is situated, 
— and by inserting, in the fourth line, after the word "re- 
mainder ", the words : — or reversion, — so as to read as 
j^cttr^'^vested' follows : — Section 1. When real estate is subject to a 
remainder or vcstcd remainder or rcvcrsiou, the ])robate court havino; 

reverHion miiy .,,.., . , *- ^ 

beeoid, etc. jurisdiction wlicrc said estate is situated may, upon the 
petition of any person who has either an estate in posses- 
sion or the remainder or reversion in such real estate, 
and after notice and other proceedings as hereinafter re- 
quired, appoint one or more trustees, and authorize him 
or them to sell and convey such estate, or any part thereof, 
in fee simple, if such sale and conveyance appear to the 
court to be necessary or expedient ; and such conveyance 
shall be valid and binding upon all persons. 

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

Approved March 6, 1S97. 

Chap.1.37 -^^ •^^'^ ^*^ FURTHER DEFINE THE POWERS AND DUTIES OF COUNTY 

COMMISSIONERS. 

Be it enacted, etc., as folloivs : 

p. 8. 22 §20. Section 1. The first paragraph of section twenty 

of chapter twenty-two of the Public Statutes is hereby 
amended by adding thereto, after the word "county", 



Acts, 1897. — Chap. 137. 99 

at the end thereof, the words : — but no money shall be 
paid or liability incurred for erecting such buildings in 
excess of the amount specilically authorized by the gen- 
eral court therefor, or, except in case of emergency, for 
the repairing of such buildings in excess of the amount 
authorized by the general court for the repairs of county 
buildino-s, — so as to read as follows: — Section ^6^, county commis- 

/-^ o ' _ ^ 1111 1 • T->- Bioners may 

County commissioners shall have authority, — J^ irst, to provide f or 

. y .. , . -J . . . ■, • '1 erecting and 

provide lor erecting and rei)airmg court nouses, jails, repairing cer- 
and other necessary public buildings, within and for the bulidiugi? 
use of their county ; but no money shall be paid or 
liability incurred for erecting such buildings in excess 
of the amount specifically authorized by the general 
court therefor, or, except in case of emergency, for the 
repairing of such buildings in excess of the amount 
authorized by the general court for the repairs of county 
buildings. 

Section 2. Section twenty-two of chapter twenty- p. 8.22, §22, 
two of the Public Statutes is hereby amended by striking '""'^"*^'^''- 
out all of said section and inserting in place thereof the 
following : — Section 22. All contracts made by the certain cou- 

. . ^ 1 •! T ij_ • X" • 1 • tracts to be 

commissioners tor building, altering, lurmshing or re- made in writing, 
pairing piil)lic buildings, or for the construction of public ^^'^' 
works, or for the purchase of supplies, shall, if exceed- 
ing eight hundred dollars in amount, be made in writing, 
after notice for proposals therefor has been published at 
least three times in some newspaper published in the 
city or town interested in the work contracted for, if 
any newspaper is there published, otherwise in the news- 
paper of most general circulation in the county, and 
posted in a conspicuous place in the county court houses 
in such county for at least one week. The county com- 
missioners shall, in each case, make a certificate under 
oath of such publication and posting, which certificate 
shall be filed with the county treasurer, to be kept by 
him as a voucher in the manner prescribed by law. All 
proposals shall be publicly opened in the presence of a 
majority of the county commissioners, and a record 
thereof shall be made upon the record of the county 
commissioners. In case of emergency however repairs 
may be contracted for without such advertisement or 
posting. The county commissioners shall certify to 
the existence of such emergency upon the orders to the 
county treasurer for payment of all bills for such repairs. 



100 Acts, 1897. — Ciiai-. 138. 

truct8'io*'i°"" ^^^ contracts made under the provisions of this section, 
inudoinwiitint;, .y^(\ .^ chani>es in, or additions to, or aOTOcnients or 

etc* - ' 

orders for extras under sucli contract, shall be in writ- 
ing, and recorded in a book to be kept for the purpose 
with the records of the county. No contract made in 
violation of the provisions of this section shall be valid 
against the county, and no payment thereon shall be 
made from the county treasury. Nothing contained in 
this section shall be construed to prevent county com- 
missioners from causing county buildings to be repaired 
by day work, whenever, in the unanimous judgment of 
the board, to be expressed in a vote, the best interests 
of the county require such a course ; l)ut no bill in ex- 
cess of eight hundred dollars for repairs done by day 
work shall be paid by the county treasurer unless such 
a vote appears upon the records of the county commis- 
sioners. Approved March 6, 1897. 

ChapA38 ^'^ -^^t relative to the division of sewer assessments on 

REAL ESTATE DIVIDED SUBSEQUENT TO THE MAKING OF THE 

ASSESSMENT. 

Be it enacted^ etc., as follows. • 

a^fJessraeX!'^ Section 1. WhcH real estate has become subject to 
divided'^ ^'^ a lien for a sewer assessment and such real estate has 
been subsequently divided by sale, mortgage or other- 
wise, so that said lien affects the estates owned in sev- 
eralty by two or more persons, the assessors of the city 
or town in favor of which such lien exists, at any time 
before any proceedings have been taken to enforce such 
lien, shall, upon the written request of the owner in fee 
or in mortgage, of any portion thereof, divide said sewer 
assessment and the costs, and interest accrued thereon, 
among the several parcels into which said real estate has 
been divided, assessing upon each ]iarcel the respective 
proportion of the amount due which said parcel would 
have borne of the original assessment at the time of such 
iissessment and upon the basis of the general scheme upon 
which such assessment was laid. 
^v'i"iont(?1,o Section 2. The written request for such division 
'«'_^oiMpuuied by shall l)e accompanied by a plan sufficient for the identi- 
fication of the division of the whole estate subject to 
such lien, with the names of the different owners thereof. 
^nt to Irer'iTons Section 3. Noticc of the rcqucst and of the time 
interested. appointed for such division shall be sent by mail by the 



Acts, 1897. — Chap. 139. 101 

assessors to all persons interested in said real estate 
whose addresses are known to them and who may not 
have waived such notice. 

Section 4. Any person aggrieved by any action of the Persons ag. 
assessors under this act majs within seven days thereafter, appIauJTboard, 
appeal to the board to whom appeal may be made in ctise ''*''• 
of original assessment, and the action of said board upon 
such an appeal shall ])e linal. 

Section 5. In case such assessment is divided, as in case of divi- 
lierein provided, only the proportion of said assessment, portiou'of^™ 
interest and costs so apportioned upon each several par- etcf ToT "a uen 
eel of said real estate shall be a lien thereon, and no one on real estate, 

etc 

of such owners or mortgagors shall thereafter be liable 
for the assessment so apportioned upon any parcel not 
owned in whole or in part by him at the time of such 
apportionment, but said lien shall be valid and subsisting 
for the amount of each apportionment upon the several 
estates upon which it is apportioned. 

Section 6. Where payment of a sewer assessment has Payment of 
been a})poi"tioned over a period of years and division ^»''<''''*™^"'^- 
thereof is made under this act the amount apportioned 
to each lot shall be payable upon the same conditions of 
time, interest and charge as the original assessment. 

Section 7. This act shall take eifect upon its passage. 

Approved March 6, 1897. 

An Act relative to a system of sewerage for the town of p/,^^ 1 QQ 

ANDOVER. -^ 

Be it enacted, etc., as folloios: 

Section 1. Section fifteen of chapter three hundred ^^^1^^^^- 5^^* 
and eighty-six 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 15. The state board of health, upon the ani^li- Abatement of 

n 1 f 1 I' ^ 11 1 i-i/> 1 nuisances in 

cation oi the board ot health or the board or selectmen North AuUover. 

of the town of North Andover, alleirino; the existence of 

a public nuisance or the pollution of the waters adjacent to 

said town, caused by the sewage of the town of Andover, 

to such a degree that the public health of said town of 

North Andover is endangered, shall appoint a time and 

place for a public hearing thereon, and shall give such 

notice thereof as said state board shall deem proper. 

After such hearing said state board, if in its judgment 

there is good reason to believe that a nuisance exists by 



Enforceini'iit 
of ordei-H. 



102 Acts, 1897. — Chaps. 140, 141. 

reason of the discharge of the sewage of the town of 
Andover, shall order the town of Andover to abate such 
nuisance, or to cleanse and purify its sewage before its 
effluent is discharged into the waters aforesaid, so that 
the public health shall not be endangered. Any court 
having jurisdiction in equity may, upon application of 
the Ijoard of selectmen or board of health of said town 
of North Andover, enforce the orders of said state board 
of health in the premises l)y any proper order or decree. 
Section 2. This act shall take eifect upon its passage. 

Approved March 8, 1897. 

CJio,pA4lO An Act for the protection of small game on cape ann. 

Be it enacted, etc., asfolloivs: 

8'ma\re!ime°on Wliocvcr takcs or kills a rabl)it, grey squirrel or chip- 
oapeAnn. muuk, or any land bird, except the English sparrow, 
within the limits of that section of this Commonwealth 
bounded by Squam river, Ipswich bay, the Atlantic ocean, 
Massachusetts bay and Gloucester harbor, at any time 
within five years from the passage of this act, shall be 
punished by a fine of twenty dollars for every rabbit, 
squirrel, chipmunk or bird so taken or killed. 

Approved March <9, 1897. 

Chap.l.4:\ An Act relative to printing certain public documents. 
Be it enacted, etc., as follows: 

to'ifpubikf ''*"'■ Section 1. There shall be printed annually on or 
documents. beforc tlic assembling of the general court or as soon 
thereafter as possible the number of copies of documents 
and reports specified in the following list, to wit : — 

Keport of the trustees of the Massachusetts Agricultural 
College, five thousand coi)ies, thirty-five hundred of which 
shall be for the use of said college ; and of that portion of 
said report referring to the Hatch experiment station, 
twenty-five thousand extra copies, fifteen thousand of 
which shall be l)ound with the re})ort of the secretary of 
the state board of agriculture, and eight thousand of which 
shall be for the use of said trustees. 

Keport of the tax commissioner, two thousand copies. 

Report of the trustees of the Lyman and industrial 
schools, two thousand copies. 

Report of the chief of the district })olice, two thousand 
copies. 



Acts, 1897. — Chap. 142. 103 

Report of the board of cattle commissioners, fifteen Printing of cer. 
hundred copies, four hundred of which shall be for the cTJcumenta. 
use of said board. 

Report of the metropolitan park commission, four 
thousand copies. 

Report of assessed polls and registered voters, by the 
secretary of the Commonwealth, twenty-five hundred 
copies. 

Report of the board of registration in medicine, thirty- 
five hundred copies, of which twenty-five hundred shall 
be for the use of said board. 

Report of the state dairy bureau, fifteen hundred copies. 

Report of the commissioners of the nautical training 
school, fifteen hundred copies. 

Report of the metropolitan water board, forty-five hun- 
dred copies. 

Report of the board of police of the city of Fall River, 
fifteen hundred copies. 

Report of the trustees of the Medfield insane asylum, 
fifteen hundred copies. 

Section 2. So much of chapter three hundred and Repeal. 
ninety-three of the acts of the year eighteen hundred and 
ninety-four as provides for printing the report of the 
1)oard of control of the state agricultural experiment sta- 
tion, and so much of said act or any other act as is incon- 
sistent with this act is hereby repealed. 

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

Approved March 10, 1897. 

An Act to authorize the city ok Worcester to incur addi- (7^ar>.142 

TIONAL INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, FOR 
THE PURPOSE OF BUILDING A CITY HALL. 

Be it enacted, etc., as folloivs : 

Section 1. The city of Worcester, for the purpose of ^b^tJdnesV"" 
erecting a city hall, may incur indebtedness to an amount beyond debt 
not exceeding three hundred and fifty thousand dollars in bonds, etc. 
addition to the amount said city was authorized to liorrow 
by chapter two hundred and ninety-three of the acts of 
the year eighteen hundred and ninety-four, and may from 
time to time by vote of the city council issue and sell 
negotiable notes, bonds or scrip therefor, signed by its 
treasurer and countersigned by its mayor, payable in 
periods not exceeding thirty years from the date of issue, 
and bearing interest at a rate not exceeding four per cent, 
per annum. 



104 Acts, 1897. — Chaps. 143, 144, 145. 

^domi''ind';";r- Section 2. Tlio (Icbt and loan authorized by this act, 
I'im'it"^ ''''^'^ and the iiotes, bonds or scrip whicli may be issued there- 
for, shall not be considered or i-eckoned in determining 
the authorized limit of indel)tedness of said city under 
the provisions of section four of chapter twenty-nine 
of the Public Statutes and of acts in amendment thereof 
or in addition thereto. 

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

Apinoved March 10, 1S97. 

Chap.l.4:S -A'N Act relative to the custody of shade trees in the city 

OF LAWRENCE. 

Be it enacted, etc., as follows: 

S'Se'trees Section 1. The pai'k commissioners of the city of 
in Lawrence. Lawrcuce shall havc tlie custody, care and control of the 
shade trees in the streets, squares and public places of 
said city. 

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

Approved March 10, 1897. 

Gh(iP.\4A: ^^ ^^^ RELATIVE TO THE APPOINTMENT OP ASSISTANT ASSESSORS 

IN THE CITY OF MALDEN. 

Be it enacted, etc., as follows: 

f.lUJ',?,°ll!L.. Section 1. The board of assessors of the city of 

ore, etc. Maiden is hereby authorized to appoint as many persons 

assistant assessors as there may be wards in said city at 

the time or times of appointment thereof; and said board 

is hereby authorized to appoint such other assistants and 

subordinates as it may deem necessary. 

PowerB.etc. SECTION 2. The assistaut assessors authorized to be 

appointed by this act shall be sworn and may exercise all 

of the powers and shall be subject to all of the liabilities 

and penalties of assistant assessors under existing laws. 

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

Approved March 10, 1897. 

Chcip.\4:[j -^N ■^^'^ MAKING APPROPRIATIONS FOR THE COMPENSATION AND 
EXPENSES OF THE COMMISSIONERS ON INLAND FISHERIES AND 
GAME. 

Be it enacted, etc., as follows : 
Appropriationn. gscTiON 1. The sums hereinafter mentioned are ap- 
l)ropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 



Acts, 1897. — Chaps. 146, 147. 105 

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

For compensation and expenses of the commissioners Commissioners 
on inland fisheries and game, a sum not exceeding thirty- eHes and game. 
five hundred dollars. 

For the enforcement of laws, propagation and distribu- Propagation 

f, r> ^ • xi'j /. ^nd distribution 

tion or fish, running expenses, rent and maintenance or offisii.etc. 
hatcheries, incidentals, printing and contingent expenses, 
pro})agation and protection of birds and animals, a sum 
not exceedinof fiftv-five hundred dollars. 

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

Approved March 10^ 1897. 

An Act to PROvn)E for payment into the harbor compensa- f^lirjr^ 14() 

TION FUND OF CERTAIN RECEIPTS FROM SALES OF PUBLIC LANDS 
AND FLATS AND OF RIGHTS THEREIN. 

Be it enacted, etc., as foUoivs : 

Section 1. All receipts from the sales of public lands certain receipts 
and flats, not specifically appropriated, and all receipts Harbdrcora-" 
under the provisions of section sixteen of chapter nine- p*^"*^*'""*""*^" 
teen of the Public Statutes, l)eing for rights and privi- 
leo;es granted in the tide water lands of the Commonwealth, 
which under the provisions of section three of chapter three 
hundred and thirteen of the acts of the year eighteen hun- 
dred and sixty-four, section three of chapter one hundred 
and twenty-two of the acts of the year eighteen hundred 
and sixty-five and chapter eight of the resolves of the year 
eighteen hundred and seventy-two are now paid into the 
Troy and Greenfield Railroad Loan Sinking Fund, shall, 
on and after the first day of Septemlier in the year eighteen 
hundred and ninety-seven, be paid into the Harljor Com- 
pensation Fund, established under the provisions of chap- 
ter seventy-four of the acts of the year eighteen hundred 
and seventy-eight. 

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

Apiwoved March 10, 1897. 



Chap.\4n 



An Act relative to the appointment of appraisers in pro- 
ceedings BEFORE PROBATE COURTS. 

Be it enacted, etc., as folloivs : 

Section 1. In any case before a probate court when Appraisers in 

... ^ . . • T i proceedings 

it becomes necessary to appraise property, said court, or before probate 

courts. 



106 



Acts, 1897. — Chap. 148. 



Repeal. 



Certain pro])- 
crty of iliHabled 
woUliers and 
sailors, etc., 
exempt from 
taxation. 



the register thereof, may appoint only one appraiser when- 
ever ill tiieir opinion the nature of the estate makes it ad- 
visabk\ 

Section 2. Chapter two Imndred and ten of the acts 
of the year eighteen hundred and ninety-six is hereby re- 
pealed. 

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

Approved March 10, 1897. 

Chap.l.4:S An Act to lessen the bukden ok taxation upon certain dis- 
abled SOLDIERS AND SAILORS AND THE WIVES OF SUCH SOLDIERS 
AND SAILORS. 

Be it enacted, etc., asfollorvs: 

Section 1. The property of the following classes of 
persons shall he exempt from taxation to the amount of 
two thousand dollars in the case of each person, provided 
the whole estate, real and personal, of the person so 
exempted does not exceed in value the sum of live thou- 
sand dollars, exclusive of property otherwise exempted 
under the provisions of law. First. Soldiers and sailors 
who served in the military or naval service of the United 
States in the war of the rebellion and who were honorably 
discharged therefrom, and who, by reason of injury re- 
ceived or disease contracted while in such service and in 
the line of duty, lost the sight of both eyes, or lost the 
sight of one eye, the sight of the other having been pre- 
viously lost, or who lost one or both feet, or one or both 
hands. Second. Soldiers and sailors who served as afore- 
said and were honoral)ly discharged as aforesaid, and who, 
as the result of disabilities contracted while in such service 
and in the line of duty, have become permanently incapaci- 
tated for the performance of manual labor to an extent 
equivalent, in the judgment of the assessors, to the loss 
of a hand or foot. Third. Wives .of soldiers or sailors 
who would be entitled to exemption under either of the 
two preceding ])aragraphs. 

Section 2. The certificate of the granting of a jiension 
to any soldier or sailor by the United States for any injury 
or incapacity mentioned in the preceding section shall, 
while such ]iension continues, be sufficient evidence of 
the receiving of such injury or incapacity. The board of 
assessors may however receive other evidence, A jierson 
aggrieved by the finding or judgment of the assessors under 
this act may appeal to the county commissioners within the 



Pension cer- 
tilicate to be 
evidence of 
incapacity, etc. 



Acts, 1897. — Chaps. 149, 150, 151. 107 

time and in the manner allowed by law for appeals in re- 
spect to an almtement of taxes. 

Section 3. Chapter two hundred and two of the acts Repeal. 
of the year eighteen hundred and ninety-five is hereby 
repealed. 

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

Approved March 11, 1897. 

An Act relative to the extension of dakota street in the (JJinj) "1 49 

CITY OF BOSTON. 

Be it enacted, etc., as follows : 

Section 1. The board of street commissioners of the street commis- 
city of Boston are hereby authorized to locate, in addition focafe'^an"ex- 
to the highways now located therein upon plans marked liak'ota street. 
X eighteen and twenty-three, filed by the board of survey 
in the office of the city surveyor, an extension of Dakota 
street, as shown on plans, to Washington street. 

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

Approved March 11, 1S97. 

An Act to incorporate the sumner savings bank. C%a'».150 

Be it enacted, etc. , as follows : 

Section 1. John McWeeny, Charles T. Witt, Andrew sumner savings 
P. Fisher, Frank C. Wood, Richard F. Keough, Charles H. rated.""""^'''* 
Cochran, Horace E. Bragdon, Horace B. Butler, Frank 
N. Whitehouse, William J. Rausch, Edgar P. Lewis, 
John H. Sullivan, Albert F. Low", George M. Porter, 
Joseph Goldinger, Henry D. Huggau, August Rausch 
and John J. Corrigan, their associates and successors, are 
hereby made a corporation by the name of the Sumner 
Savings Bank, with authority to establish and maintain a 
savings bank in that part of the city of Boston known as 
East Boston ; with all the powers and privileges and sul)- 
ject to all the duties, liabilities and restrictions set forth 
in all general hiws wdiich 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 March 11, 1897. 

An Act relative to assessments, rents and charges for the nTinn 151 

construction and use of sewers. 
Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and ii^nended.^ ^' 
fifty-one of the acts of the year eighteen hundred and 



108 



Acts, 1897. — Chap. 152. 



AsHieBBments, 
etc., luay lu-:ir 
interest. 



ninet^'-six is hereby amended by striking out the wliole 
of said section and inserting in i)hic'e thereof the follow- 
ing : — Section 2. A city by its city council, and a town 
at any town meeting, may vote that all assessments on 
account of the construction of sidewalks, and all assess- 
ments, rents and charges on account of the construction 
and use of sewers shall bear interest at a specified rate, 
not exceeding seven percent, per annum, from the thirtieth 
day after such assessments, rents or charges become due 
until paid ; and the interest accruing under such vote or 
votes shall be added to and be a part of such assessments, 
rents and charges. 

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

Approved March 11, 1897. 



Ch(ip.l.52 -^ -'^CT KELATIVE TO DRAINS AND WATER COURSES IN THE CITY 

OF WALTHAM. 



City of 

Waltham may 
take certain 
lands, water 
courses, etc. 



Description of 
land to be 
recorded, etc. 



Be it enacted, etc., as follows: 

Section 1 . The city of Waltham, by its board of alder- 
men, may from time to time acquire by purchase or take 
in fee land or lands within said city, not exceeding one 
hundred and thirty feet in width, at or in the vicinity of 
any stream or water course, and the course, or any part 
of the course, of said stream or water course may be 
changed so as to be included within the taking ; and the 
said city may, within its limits, enter upon and clear of 
obstructions, and may improve, widen, deepen, straighten 
or change the course or channel of any stream or water 
course, and may cover, pave or enclose in retaining walls 
any stream or water course, or any part or parts of any 
stream or water course. For the purpose of carrying out 
the provisions of this act and of making any of the afore- 
said changes said city may enter into and upon any land, 
street or way, and may do the work thereon necessary 
therefor ; and may make such improvements on the land 
taken or purchased as above-provided for as shall be 
deemed necessary for the protection of the public health 
and for protecting any stream or water course from pollu- 
tion, and for providing a sufficient channel to carry off 
storm water ; and may construct such walks or ways 
thereon as the ])oard of aldermen of said city may deter- 
mine that public convenience and necessity require. 

Section 2. The taking of land for the purposes afore- 
said sl^all be made in the manner required by law in cases 



Acts, 1897. — Chap. 153. 109 



where land is taken for highways. The order for such 
taking shall not be valid without the approval of the 
mayor. The city clerk of said city, within sixty days 
from the date of the approval by the mayor of any such 
order, shall tile and cause to be recorded in the registry 
of deeds for the Middlesex southern district a description 
of the land so taken, sufficiently accurate for identifica- 
tion, with a statement of the purpose for which such lauds 
were taken. 

Section 3. All claims for damages sustained by the Damages. 
taking of lands under this act, otherwise than by ])ur- 
chase, or by the entering upon land or upon any brook 
or stream, and the doing thereon of the acts herein au- 
thorized, if the person claiming said damages fails to 
agree with said city as to the amount of damages sus- 
tained, shall be ascertained, determined and recovered in 
all respects in the manner now provided by law in the 
case of land taken for highwa}'s : provided, that in esti- Pro^J^o- 
mating the damages sustained by any person by the taking 
of his land, or by any of the acts done by virtue of this 
act, there shall be allowed by way of set-olF the benefit, 
if any, to the property of such person by reason thereof 
and the improvements thereon made. 

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

Approved March 11^ 1897. 

An Act relative to estimates for county taxes and the njff/j) 1 ^Q 

EXPENDITURE OF MONEY BY COUNTIES. 

Be it enacted, etc., as follows: 

Section 1. The books of the county treasurers, ex- connty treas. 
cept in Suffolk county, shall be kept in the form pre- ^'^'^ 
scribed by the controller of county accounts. 

Section 2. The financial year of the counties, except Financial year, 
Sufiblk county, shall be the same as the calendar year, certain biiis, 
but the books of the several county treasurers shall be ^"^' 
kept open until the tenth day of January in each year 
for the payment of bills incurred and salaries earned 
during the previous year. Immediately after the first 
day of January in each year the county treasurer of each 
county, except Suffolk, shall pay to every officer in his 
county who has not drawn the full amount of his salary 
for the previous year the balance due and unpaid. 

Section 3. Immediately after the tenth day of Jan- Annual report 
uary in each year the county treasurer of each county, treasurer. 



110 



Acts, 1897. — Chap. 153. 



Annual report 
of county 
treaBurer. 



Annual report 
of county coiu- 
miHwiouers. 



except SulFolk, shall prepare for publication :i report of 
the receipts and expenditures of the county for the pre- 
vious financial year, stated separately, under the same 
heads prescribed by the controller of county accounts for 
keepinir the county treasurer's l)ooks, giving objects of 
payments. Such statement shall contain in detail the 
name of every person who pays money to the treasurer, 
and of every person except witnesses to whom money is 
paid by the treasurer, and the amounts so paid by or to 
such persons under the appropriate classification. Said 
report of the treasurer shall also contain a table setting 
forth the appropriation made by the general court for 
each specific object, the amount which has been expended 
out of each specific appropriation, the unexpended balance 
of each specific appropriation, and, if the payments from 
any appropriation have exceeded such appropriation, the 
amount of such excess. 

Section 4. Immediately after the tenth day of Jan- 
uary in each year the county commissioners for each 
county, except Suffolk, shall prejiare a report upon the 
afiairs of the county, to be printed with the county treas- 
urer's report provided for in section three of this act. 
They shall, in their annual report, state what action they 
have taken in the year preceding, in such manner as to 
give the taxpayers of the county a full and clear under- 
standing of the afiairs of the county, and of the objects 
and methods of county expenditures, referring however 
to the report of the county treasurer for specific details. 
In regard to highways they shall state specifically what 
petitions have been received, and what highways have 
been laid out, altered, relocated or discontinued, the man- 
ner in which such new highways or alterations are to be 
made, the time within which they are to be completed, 
also what have been completed and at what cost, and at 
whose expense, and Avhat remain to be completed, what 
damages or betterments have been estimated or awarded 
and to whom, what damages have been paid out and what 
suits are pending in relation thereto. They shall also 
state what highways or parts of highways they have laid 
out under the provisions of law authorizing the assess- 
ment of betterments, and what sums have been reimbursed 
to the county as betterments. They shall in like manner 
state their action in regard to town ways and private 
ways. In regard to state highways they shall state what 



Acts, 1897. — Chap. 153. Ill 

applications they have made to the Massachusetts highway Annual report 
commission, and, so far as they are able to ascertain, what commisJionera. 
highways have been laid out within the county by the 
state highway commission, what have been constructed, 
and at what expense. They shall also state what sums 
expended by the Commonwealth in the county for high- 
ways have been repaid by said county to the Common- 
wealth, and what sums remain to be paid, and at what 
times. They shall also make a detailed statement of the 
repairs upon the several county buildings, stating sep- 
arately the work done by contract and the work done by 
day work, and the money paid, and the liabilities incurred 
in the construction of new buildings. They shall also 
present a table showing the salaries paid to county offi- 
cials, separating those prescribed by law from others. 
They shall also include in their report a statement of the 
county debt, specifying the length of time which the sev- 
eral obligations, if any, have to run, and the rates of 
interest paid thereon, separating the loan made in antici- 
pation of taxes from the permanent loan ; also a statement 
of the amount of county taxes due and unpaid at the time 
of making said report, and a list of the assets of the 
county, including land, buildings, law library, furniture 
in court houses, jails and other public buildings. 

Section 5. The county treasurer of each county, ex- Publication and 
cept Suffolk, shall cause the report of the county commis- lipolts'. 
sioners to be published and bound up with his own report 
in a form suitable for distribution and in sufficient num- 
bers to furnish a copy for every three hundred inhabitants 
of the county, and shall send a copy to the controller of 
county accounts and to the mayor of each city, and to the 
selectmen of each town in the county, and shall cause 
other copies to be transmitted in proper proportions to 
the clerk of each city and town in the county, for the use 
of the inhabitants of such city and town. 

Section 6. The county commissioners of each county, Kstimatesof 
except Suffolk, shall annually prepare estimates of the ex'ifencutuies. 
receipts and expenditures, stated separately, of their sev- 
eral counties for the ensuing year, including estimates for 
the construction and repair of county buildings and their 
appurtenances. Said estimates shall be made in such form 
as the controller of county accounts shall direct, and upon 
blanks to be furnished by him. They shall be recorded 
by the clerk of the commissioners in a book kept for the 



112 



Acts, 1807. — Cuai* 



153. 



Expenditure 
of iiioney, up- 
propriutioiiH. 



County tax. 



Expenditure, 
etc., in ex COBS 
of appropria- 
tion. 



Payment of 
certain detjts 
wlicn appro- 
priation i» in- 
Bufllcient. 



purpose, and a copy thereof, signed by the prcsidino- com- 
missioner and attested ))y the clerk of the conmiissioners, 
.shall be sent to the controller of county accounts by said 
clerk on or l)efore the liftecnth day of January. Said 
controller shall analyze and classify said estimates, as 
nearly as possible upon a uniform basis, and report the 
same in print to the general court not later than the first 
day of February. He shall send a copy of said report 
to the mayor of each city and to the selectmen of each 
town in the Commonwealth. 

Section 7. The expenditure of money by the several 
counties, except Suffolk county, shall be authorized by 
the general court by appropriation. Appropriations au- 
thorizing such expenditures shall be of two kinds, annual 
and special. There shall be a separate ap[)ropriation for 
each head of expenditure, as prescribed by the controller 
of county accounts. At the closing of the county treas- 
urer's books on the tenth day of January in each year the 
balance, if any, to the credit of each annual appropriation 
shall lapse and become a part of the general unappropriated 
balance in the county treasury ; but no special appropria- 
tion shall lapse until the work for which it was made is 
completed, the bills paid, and the account closed. 

Section 8. The amount which the county commis- 
sioners shall levy as the county tax shall be authorized 
by the general court annually, and shall be computed by 
adding together the amounts of the annual appropriation 
and of the new special appropriation, if any, (so far as 
the money therefor is to be raised by taxation and not by 
borrowing), and deducting from the sum thereof so much 
of the probable receipts from all sources, except loans, 
and of the una})pro])riated balance in the county treasury 
at the closing of the treasurer's books for the previous 
financial year, as may be deemed by the general court 
advisable. 

Section 9. No county expenditure shall be made nor 
liability incurred, nor bill paid for any purpose, in excess 
of the amount appropriated therefor, except as hereinafter 
provided. 

Section 10. Whenever the appropriation for any pur- 
pose is insufficient to meet any expenditure reijuired by 
law the county treasurer may, on the order of the county 
commissioners, make payment for such legally required 
purpose out of any money in the county treasury. In 
all such cases however the county commissioners shall 



Acts, 1897. — Chap. 153. 113 

cause to be placed on their records a statement of such 
payments, with the reasons in detail therefor, and shall 
report fully and specifically thereon in their next annual 
report. 

Section 11. The county commissioners and other certain nabn. 
officers authorized to incur liabilities payable from the incu™ed%ic. 
county treasury may, after the expiration of the financial 
year and before the making of the regular annual appro- 
priations by the general court, incur liabilities and pay 
bills from any unappropriated balance in the treasury, for 
any purpose to an amount not exceeding one half the regu- 
lar annual appropriation made for such purpose in the pre- 
ceding year. Payments made therefor shall be charged 
to the regular annual appropriation when such appropria- 
tions are made. 

Section 1'2. The supreme judicial court, by man- Enforcement 

1 .1 • J * 1 j_i 'J. of provisions. 

damns or other appropriate remedy, upon tne suit or 
petition of the attorney-general or of one or more tax- 
able inhabitants of a city or town in any county, may 
compel the performance of any duties imposed upon the 
county commissioners, or upon the treasurer of each 
county, by this act, or by sections twenty and twenty- 
two of chapter twenty-two of the Public Statutes, or of 
sections seven and nine of chapter twenty-three of the 
Public Statutes, or by any amendments thereof, and may 
hear and detennine any cause of complaint in equity when 
such remedy is more appropriate. Any justice of said 
court may, in term time or in vacation, issue injunctions 
and make such orders and decrees as may be necessary or 
proper to enforce the provisions of said sections and to 
restrain or prevent any violation thereof. 

Section 13. Nothing in this act shall be construed to certain special 
aflfect in any way the special provisions of law applying affected."* °°^ 
to the counties of Suifolk and Nantucket. 

Section 14. Section twenty-eight of chapter twenty- Repeal, 
three of the Public Statutes, section one of chapter one 
hundred and forty-three of the acts of the year eighteen 
hundred and ninety-five, and all amendments thereto, 
sections one to five, inclusive, of chapter three hundred 
and fifty-seven of the acts of the year eighteen hundred 
and ninety-six, chapter one hundred and forty-one of the 
acts of the year eighteen hundred and ninety, and the last 
sentence of section five of chapter four hundred and ninety- 
seven of the acts of the year eighteen hundred and ninety- 
four are hereby repealed. Approved March 12, 1897. 



114 



Acts, 18! )7. — Chaps. 154, 155. 



Chap.1-54: An Act to AUTIIOKIZE AN ANNl AL PAYMENT OK TWENTY-FIVE 
DOLLARS TO TlIK NOUTHWEST MIDDLESEX TEACHEUS' ASSOCIA- 
TION. 

Be it enacted, etc., as follows : 

niajTjepaid Section 1. Ill eacli year in whicli the Noi'tliwest Micl- 

No'i'thw^cBt' *^* dlesex Teachers' Association holds an annual meeting of 
Te-lchlra'-'ABso. ^^^^^ Icss than One day, for the express purpose of pro- 
ciation. motiiig the interests of the {public schools, it shall receive 

twenty-five dollars from the Commonwealth, upon filing 
with the governor a certificate, under oath, of its presi- 
dent and secretary that a meeting has been so held. 

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

Apxjroved March 17, 1897. 



Ch<Xp.^55 -^^ Act to AUTHORIZE THE TOWN OF HATFIELD TO ISSUE ADDI- 
TIONAL WATER BONDS. 



1895, 191, § 5, 
amended. 



Hatfield Water 
Loan. 



Sinking fund. 



Be it enacted, etc., as folloivs : 

Section 1. Section five of chapter one hundred and 
ninety-one of the acts of the year eighteen hundred and 
ninety-five is hereby amended by striking out in the fifth 
line, the word "thirty-five ", and inserting in place thereof 
the word : — fifty, — so as to read as follows : — /Section 5. 
Said town may, for the purpose of paying the necessary 
expenses and liabilities incurred under the provisions of 
this act, issue from time to time bonds, notes or scrip, to 
an amount not exceeding in the aggregate fifty thousand 
dollars ; such bonds, notes and scrip shall bear on their 
face the Avords, Hatfield Water Loan, shall be payable at 
the expiration of periods not exceeding thirty years from 
the date of issue ; shall bear interest payable semi-annually 
at a rate not exceeding six per cent, per annum and shall 
be signed by the treasurer and countersigned by the select- 
men of the town. Said town may sell such securities at 
public or private sale, or pledge the same for money 
borrowed for the purposes of this act, and upon such 
terms and conditions as it may deem proper. Said town 
shall pay the interest on said loan as it accrues and shall 
provide at the time of contracting said loan for the 
establishment of a sinkino; fund, and shall annually con- 
tribute to such fund a sum sufficient with the accumulations 
thereof to pay the principal of said loan at maturity. 
Said sinking fund shall remain inviolate and pledged to 



Acts, 1897. — Chaps. 156, 157. 115 

the payment of said loan and shall be used for no other 
purpose. 

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

Approved March 17, 1897. 



C7ia2).156 



An Act to authorize the journal newspaper company to 
increase its capital stock. 

Be it enacted, etc., as follows: 

Section 1 . The Journal Newspaper Com[)any is herel)y May increase 
authorized to increase its capital stock from time to time ^"^^^ •* « <= . 
in the same manner and under the same terms and con- 
ditions as corporations organized under chapter one hun- 
dred and six of the Public Statutes are authorized to 
increase their capital : provided, that the whole amount P"""^*^"- 
of capital stock of said company shall not exceed one 
million dollars. The amount of such increase and the 
numl)er of shares to be issued may be determined by the 
stockholders from time to time at meetings duly called for 
the purpose. Any shares of capital stock which are not 
taken by the present stockholders may be disposed of as 
is provided in section thirty-seven of said chapter. Said 
corporation is hereby granted all the powers and privileges 
and made subject to all the duties and liabilities, except 
as above-provided, of like corporations organized under 
chapters one hundred and five and one hundred and six 
of the Public Statutes, and may purchase and hold real 
estate which shall cost not more than five hundred thou- 
sand dollars. 

Section 2. Sections one and two of chapter two Repeal. 
hundred and one of the acts of the year eighteen hundred 
and fifty-seven, so far as they are inconsistent with this 
act, are hereby repealed. 

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

Approved March 17, 1897. 



Chajj.Wl 



An Act to authorize the city of boston to pay a sum of 

MONEY to the WIDOW OF CHARLES L. BANCROFT. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized ^'.fr^^L. 
to pay to the widow of Charles L. Bancroft late a ckn-k in croft. 
the office of the water registrar in said city, the balance 
of the salary to which he would have been entitled had he 



Ban- 



IIG Acts, 1897. — Chaps. 158, 159, 160. 

lived and continued to hold his office until the end of the 
year eighteen hundred and ninety-six. 

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

Approved March 17^ 1897. 

Ch(ip.\5S -^N Act to authorize the city of boston to pay a sum of 

MONEY TO THE WIDOW OF CHKISTOPIIEK A. CONNOR. 

Be it enacted^ etc.^ as follows. • 
Widow of Section 1. The city of Boston is hereby authorized 

Christopher A. i • i /> /--(i ■ i » y^ 

Connor. to pay to the widow oi Christopher A. Connor late an 

employee of the collecting department in said city, the 
balance of the salary to which he would have been entitled 
had he lived and continued to hold his office until the end 
of the year eighteen hundred and ninety-seven. 

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

Approved March 17 ^ 1897. 

Chap.l^Q An Act relative to wharf bonds in the city of new Bedford 
Be it enacted., etc., as follows : 

wiiar'/bomis, Section 1. For the purpose of meeting the expense 

^•'«=- incurred by the purchase of Taber wharf and Kotch wharf 

by the city of New Bedford, said city is authorized to 
issue by vote of the majority of the memliers of each 
branch of the city council wharf l)onds of said city to an 
amount not exceeding fifty-two thousand dollars, not to 
be included in the de])t limit of said city, at a rate of 
interest not to exceed four per cent, per annum, payable 
semi-annually, which bonds may be made payable in gold 
not less than ten nor more than thirty years from the date 
of issue. 

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

Approved March 17, 1897. 

Chap.XGO An Act to ruoiiiiiiT the sale of intoxicating liquors by 

IIOI.DEKS OF LICENSES OF THE FIRST THREE CLASSES ON DAYS 
SUCCEEDINO CERTAIN HOLIDAYS WHEN SAID HOLIDAYS FALL ON 
SUNDAY. 

Be it enacted, etc., as folloios : 

Sale of intoxi- Skctiox 1. Whcu the tweuty-sccond day of February, 
prohibited on the thirtieth day of ]\Iay, or the fourth day of July fall 

certain days. ^ , ^ .'. „ . . . j . i , • 

upon bunday, the provisions of existing statutes relating 
to the sale of intoxicating liquors under either of the first 



Acts, 1897. — Chaps. 161, 162. 117 

three classes of licenses, on said twenty-second day of 
February, thirtieth day of May and fourth day of July, 
shall apply to the succeeding day. 

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

Approved March 17 ^ 1897. 



Chap. 10^1 



An Act relative to co-opekative hanks. 
Be it enacted^ etc.^ as follows: 

No co-operative bank, nor any person actins: in its co-operative 

, ^ banks uot to 

behalf, shall take or receive a fee, brokerage, commission, receive certain 

gift or other consideration for or on account of a loan ^^^' ^ *'* 

made by or on behalf of such corporation, other than 

appears on the face of the note or contract by which such 

loan purports to be made ; but nothing herein contained 

shall apply to any reasonable charge for services in the 

examination of property and titles and preparation and 

recording of conveyances to such corporation as security 

for its loans. Whoever violates a provision of this sec- Penalty. 

tion shall l)e punished Ijy fine of not less than one hundred 

nor more than one thousand dollars. 

Apx)roved March 17, 1897. 

Am Act to authorize the city of i-.oston and the town of Qh/yj) '1(32 

KROOKLINE TO REl'.UILD LONGWOOU AVENUE bRID(iE. 

Be it enacted, etc., as follotvs : 

Sectiox 1. The city of Boston by its board of park Newbridge 
commissioners, and the town of Brookline hy its board "truct'etn""' 
of park commissioners, are hereby authorized to construct amrBroouire. 
a new bridge in place of the existing bridge between said 
city and town, forming a part of Longwood avenue ; said 
new bridge to l)e in such location and of such width, 
grade and materials as said l)oards may agree upon. All 
expenses incurred by said boards in Iniilding said bridge 
and the almtments thereof shall be l)orne equally by the 
two municipalities, and shall be paid by the respective 
treasurers thereof on the certificates of said boards, and 
shall be deemed and accounted for as expenditures for 
park purposes. 

Section 2. The provisions of sections one hundred certain pr 

, i sioMH or li, .. 

and seventeen to one hundred and thirty-eight, both in- to "pp'y, etc 
elusive, of chapter one hundred and twelve of the Public 
Sttitutes, and of any acts in amendment thereof, shall not 
apply to said l»ri(lge, but where the bridge crosses the 



rovi- 
vw uot 



118 



Acts, 1897. — Chap. 1G2. 



Constriiction of 
approaches to 
bridge, etc. 



Proviso. 



Certain liiiKls 
may l)i! taken, 
etc. 



Certain bridge- 
approaches, 
etc., to rciuaiu 



location of the Boston and Albany railroad it shall not be 
constructed at a hei":ht less than eiijhteen feet above the 
tracks of said railroad, except with the written consent of 
the board of railroad commissioners. 

Section 3. Each of said municipalities within its own 
limits shall, at its. own expense, by the board of park 
connnissioners thereof, construct the approaches to said 
bridge, and the public ways connected with said ap- 
proaches, of such widths, grades and materials as the 
board may deem proper, and may alter or widen existing 
api)roaches and connected ways ; but neither of said 
municipalities shall be liable to pay any expenses of con- 
struction of such approaches or connected ways, or any 
land, grade or other damages incurred in constructing 
such approaches or connected ways which are not within 
its own limits, the joint liability of said municipalities 
under this act for the expenses of construction being 
limited to the expenses of constructing said bridge and 
the abutments thereof: JJro^;^VZecZ, hoivever^ that no such 
bridge, bridge-approach or public way within the limits 
of the town of Brookline shall be laid out, altered or 
widened until the laying out, alteration or widening of 
the same is by the park commissioners of said town 
reported to the town and filed, accepted and allowed in 
the manner provided l>y section seventy-one of chapter 
forty-nine of the Public Statutes, in the case of the laying 
out of town ways ; and no such bridge, bridge-approach 
or public way in the city of Boston shall be constructed, 
altered or widened until the same is approved l)y the 
board of street commissioners and the mayor. 

Section 4. Each of said boards shall within the limits 
of its nmnicipality- take, by purchase or otherwise, such 
lands in fee or rights in land for carrying out the purj^oses 
of this act as the board may deem necessary therefor, and 
shall determine the damages sustained by any person by 
the taking of land or any other act done under authoi'ity 
of this act; and any person aggrieved by any such deter- 
mination may have his damages determined by a jury in 
the superior court in the same manner as damages are 
determined for the taking of land in the laying out of 
ways within the limits of such municipality, and costs 
shall be taxed and execution issued as in civil cases. 

Section 5. Such ]iarts of said Longwood avenue, of 
said bridge, bridge-api)roaches and public ways as lie 



Acts, 1897. — Chap. 163. 119 

within the limits of the town of Brookline shall he and hlghVaysf '""^ 
remain town ways, and such parts of said Longwood 
avenue, of said bridge, bridge-approaches and public ways 
as lie within the limits of the city of Boston shall be and 
remain highways : provided, however, that said boards ProviBo. 
shall jointly maintain and keep in repair the said bridge 
and its abutments, and said city and town shall be jointly 
liable for all damages occasioned by any defect or want 
of repair therein or want of sufficient railing thereon, 
subject however to all the provisions of law now or here- 
after in force limitino: or regulating the right to recover 
damages for defects in public ways. 

Section 6. The said town of Brookline may raise Biookiine may 

n .. A J' 11 • j_i • 1 raise necessary 

irom time to time, by borrowing or otherwise, and may sums of money, 
appropriate and expend such ' sums of money as may be ^^''' 
deemed necessary for the purpose of defraying the ex- 
penses that may be incurred by said tow^n under the 
provisions of this act, subject to the laws of this Common- 
wealth limiting and regulating municipal indebtedness : 
provided, however, that any debts incurred for the pur- ProviBo. 
poses mentioned in this act may be made payable in or 
within twenty years. 

Section 7. This act shall take effect upon its passage. 

Approved March 17 , 1897 . 

An Act relative to the Berkshire athen^um. Chap.\Qo 

Be it enacted, etc. , as follows : 

Section 1. Section three of chapter one hundred and is7i,i29 §3, 
twenty-nine of the acts of the year eighteen hundred and 
seventy-one is hereby amended by striking out in the 
first line the word "town", and inserting in place thereof 
the word: — city, — and by adding at the end of said 
section the words : — The mayor, the member of the 
school committee selected to serve as chairman in the 
absence of the mayor, and the treasurer of the city of 
Pittstield, and their successors, shall be ex officiis trustees 
of the Berkshire Athenaeum during their terms of office, 
with the same power of voting and of participating in the 
management of said corporation as the other trustees, — 
so as to read as follows : — Section 3. The city of Pitts- Pittsfieid may 
field, so long as said corporation maintains a public library money for sup. 
for the use of the inhal)itants thereof, is hereby authorized library.^'" 
to appropriate and i)ay money to aid in supporting such 



120 Acts, 1897. — Chap. 164. 

institution, the same as may be done by law for the sup- 
port of public libraries, and said corporation may receive 
such a})})ropriations as may be made. The mayor, the 
member of the school connnittee selected to serve as 
chairman in the al)sence of the mayor, and the treasurer 
of the city of Pittstield, and their successors, shall be ex 
officiis trustees of the Berkshire Athemeum during their 
terms of office, with the same power of voting and of 
participating in the management of said corporation as 
the other trustees, 
amended.^*' Section 2. Scctlou four of Said act is hereby amended 

by striiiing out in the third line, the word " eleven", and 
inserting in place thereof the word : — fourteen, — so as 
fi™vacande?in to read as follows : — Sectio7i 4. The trustees of such 
board. corporation shall have authority to fill all vacancies, in 

any manner occurring, but the number of said trustees 
shall never exceed fourteen. 

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

Jipxiroved March 17^ 1897. 

Char).\^o4: -^^ ^^^ RELATIVE TO THE BURIAL OF INDIGENT SOLDIERS AND OF 

THEIR WIVES OR WIDOWS. 

Be it enacted, etc., as follotvs : 

Iraeudld.^^' Section 1. Section one of chapter two hundred and 

seventy-nine of the acts of the year eighteen hundred and 
ninety-six is hereby amended by striking out in the 
eleventh and twelfth lines, the words "between the years 
eighteen hundred sixty-one and eighteen hundred sixty- 
five", and by striking out in the eighteenth and nineteenth 
lines, the words "his final discharsre from the service 
aforesaid ", and by inserting in pkace thereof the words : 
— the year eighteen hundred and seventy, — so as to 
Buriiiiof de- read as follows : — Section 1. It shall be the duty of the 
8owufr«"etr"' mayor of each city and of the selectmen of each town of 
the Commonwealth to designate some suital)le i^erson or 
persons as a Imrial agent, who shall serve without com- 
pensation, and shall ])e other than the overseers of the 
poor or those employed by them, whose duty it shall be, 
under regulations estal)lished by the commissioners of 
state aid, to cause to be i)ro})erly 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, and the wives and Avidows of the same in 
case such soldier, sailor or marine or such wives or 
widows die without leaving sufficient means to defray 



Acts, 1897. — Chaps. 1()5. 166. 121 

funeral expenses : provided, however, that no wife or Proviso. 
widow of any soldier, sailor or marine above-described 
shall be elig-ible to receive the benefits of this act unless 
she was married to him prior to the year eighteen hundred 
and sevent}'. Where an interment has taken place witli- 
out the knowledge of the l)urial 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 l)enelits of this act he may make 
return of the same in the manner prescribed for other 
cases. 

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

Approved March 17^ 1897. 



C7iap.l(y5 



Ax Act to kestrict the use of tuberculin. 
Be it enacted, etc., asfolloios: 

Section fourteen of chapter four hundred and ninety- 1895, 496, § u, 
six of the acts of the year eighteen hundred and ninety- * '^'' ^'°^^^ ^ 
five, as amended by chapter two hundred and seventy-six 
of the acts of the year eighteen hundred and ninety-six, is 
hereby amended l3y striking out in the first and second 
lines, the words "until June first eighteen hundred and 
ninety-seven ", and by striking out in the sixth and 
seventh lines, the words "held in quarantine", — so as 
to read as follows : — Section 14. The use of tuberculin use of tuber 
as a diagnostic agent for the detection of the disease *""'"' rcBtncted. 
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 at Brighton, 
Watertown and Somerville : provided, however, that Proviso. 
tuberculin may be used as such diagnostic 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 condemned as tuberculous 
upon physical examination by a competent veterinarian. 

Approved March 17, 1897. 



ChapAQQ 



An Act relative to the plotting and laying out ok streets 

IN the city of koston. 

Be it enacted, etc., as folloivs : 

Section 1. The board of street commissioners of the May lay out, 
city of Boston may lay out, locate anew, alter, widen or raif/iii^sjii'wayl' 
discontinue highways in that part of the territory of said 



iu Boutuu. 



122 Acts, 1897. — CiiArs. 1G7, 1G8. 

city shown on plan number three, sections forty-nine and 
fifty, made by the board of survey of said city and on lile 
in the office of the city engineer of said city, according to 
such directions, widths and grades as said board of street 
commissioners may, after public notice and hearing, deem 
that the public necessity and convenience require. 
Sn/eul!'' ''"^ Section 2. Said board of street commissioners shall 
not be required to conform to said sections forty-nine and 
fifty of plan number three of said board of survey, and 
may make a new plan as a substitute therefor, as provided 
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. 

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

Approved March 18, 1897. 

Chctp.\()7 ^N ^^'^ KELATIVE TO THE LOCATION, LAYING OUT AND CONSTRUC- 
TION OF HIGHAVAYS IN THE CITY OF BOSTON. 

Be it enacted, etc., as folloios : 

etc!,'of wgh- Section 1. The board of street commissioners of the 

ways in Boston, city of Boston are hereby authorized to make a new plan, 
under the provisions of chapter three hundretl and twenty- 
three of the acts of the year eighteen hundred and ninety- 
one and of acts in amendment thereof or in addition 
thereto, of the territory included in plan X twenty-one, 
dated January third, eighteen hundred and ninety-four, 
on file in the office of the city engineer in said city and 
made under the provisions of said acts, bounded noi'tli by 
Park street, east by Upland park, south by Melville 
avenue, and west l)y the Shawmut branch of the Old 
Colony division of the New York, New Haven and Hart- 
ford railroad, as shown on said plan. 

Section 2. Tliis act shall take cfl'ect upon its passage. 

Approved March 18, 1897. 

C7iaT)A.GS ^^ ^^"^ RELATIVE TO THE ISSUE OF BONDS BY THE CITY OF 

HAVEKHILL. 

Be it enacted, etc., as folloios : 

hiu. Ifcroiinu'ir Section 1. All bouds heretofore issued by the former 
detemiiniiif; towu of ])radford which were authorized to be issued be- 

debt liimt of Til'. ••11 1 • 

Uavcihiii. yond the nmit of ni(lel)tedness fixed by law under express 
authority conferred by special acts, and now being, by 



Acts, 1897. — Chaps. 169, 170. 123 

virtue of the provisions of chapter three hundred and sixty- 
tive of the acts of the year eighteen hundred and ninety- 
six, debts and obligations of the city of Haverhill, shall 
not be taken into account in determining the authorized 
limit of indebtedness of said city of Haverhill. 

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

A])proved March 18, 1897. 



Chap.169 



An Act transferring to the park commissioners of the city 
of cambridge all the powers and authority now vested 
by law in the hoard of aldermen in relation to the re- 
moval of trees. 

Be it enacted, etc., asfolloivs: 

Section 1. All the powers vested at the time of the certain powers 
passage of this act in the board of aldermen of the city of park wm'^mis" 
Cambridge, in respect to the removal of trees in streets, Cambridge. 
roads, squares, courts, parks, public gardens and other 
enclosures, are hereby transferred to the jiark commis- 
sioners of said city, and said commissioners shall hereafter 
have exclusive power to act in respect to the removal of 
such trees. 

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

Approved March 18, 1897. 



Chap.170 



An Act to authorize the Bradford' library association to 
transfer its property to the trustees of the haverhill 
public library. 

Be it enacted, etc., asfolloics: 

Section 1. The Bradford Library Association, a cor- Property of 
poration organized under the provisions of cha})ter two Library asso. 
hundred and twenty-one of the acts of the year eighteen uauXrred. t'fc. 
hundred and ninety, is hereby authorized from time to 
time to transfer all or any portion of the property which 
it now holds, and all or any portion of the property which 
it may hereafter acquire, to the trustees for the time ])cing 
of the Haverhill Public Library, in the city of Haverhill, 
in this Commonwealth. Said trustees and their succes- 
sors shall hold said property in trust for the purpose of 
applying the same toward the maintenance of the Haver- 
hill Pul)lic Library, as now estal)lished, and of such 
branches of said li))rary as they may think proper. 

Section 2. All officers of said Bradford Library As- officers. 
sociation shall hold their offices durino- the terms for which 



124 Acts, 1897. — Chaps. 171, 172. 

they are respectively elected, and until their successors are 
chosen and (lualitied. 

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

Approved March 18, 1897. 

Chap.TTl ^^ -'^^l' TO CHANGE THE NAME OP THE STATE STREET SAFE DE- 
POSIT AND TRUST COMPANY. 

Be it enacted, etc., as follows : 

Name changed. Section 1. The name of the State Street Safe De- 
posit and Trust Company, incorporated by chapter one 
hundred and ninety-nine of the acts of the year eighteen 
hundred and ninety-one, is hereby changed to the State 
Street Trust Company. 

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

Approved March 18, 1897. 



Cha2?.172 



An Act to revise the charter of the city of woburn. 
Be it enacted, etc., as follows : 

title I. MUNICIPAL GOVERNMENT. 



cityofwobnrn. Section 1. The inhabitants of the city of Woburn 
shall continue to be a body politic and corporate, under 
the name of the City of Woburn, and as such shall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and shall be" subject to all the duties and obli- 
gations now pertaining to and incumbent upon the said 
city as a municipal corporation. 

^f'\n\mk.ip'!i'''' Section 2. The administration of all the fiscal, pru- 

affaiiH, o!o. (Iciitial and municipal ati'airs of said city, with the govern- 
ment thereof, shall, except as is herein otherwise provided, 
be vested in an executive department, which shall consist 
of one officer, to be called the mayor, and in a legislative 
department, which shall consist of a single body, to l)e 
called the city council, the meml)ers whereof shall be 
called aldermen. The executive department shall never 
exercise any legislative power, and the legislative depart- 
ment shall never exercise any executive power, except as 
is herein otherwise provided. 

Beven wards. Section 3. The territory of said city shall continue 

to be divided into seven wards, which shall retain their 
present boundaries until the same shall be changed under 
the general law relating thereto. The number and boun- 
daries of wards may, in ;uiy year fixed by law for a new 



Acts, 1897. — Chap. 172. 125 

division of wards in cities, be changed by vote of the city 
council, with the approval of the mayor, at or prior to 
makino; such division ; but the number of wards shall 
never be less than seven. 



TITLE II. ELECTIONS AND MEETINGS. 

Section 4, The municipal election shall take place Municipal eiec 
annually on the second Tuesday of December, and the nidpaiyea" 
municipal year shall begin on the tirst Monday of Jan- 
uary following. 

Section 5. At such municipal election the qualified certain officers 

111'- !• 1111 • 1 1 to be elected by 

voters shall give in their votes by ballot in the several baiiot, etc. 
wards for mayor, aldermen, and members of the school 
committee and members of the board of public works 
then to be elected, and the person receiving the highest 
numl)er of votes for any ofiice shall be deemed and de- 
clared to be elected to such office ; and whenever two or 
more persons are to be elected to the same office the sev- 
eral persons, up to the number required to be chosen, 
receiving the highest number of votes shall be deemed 
and declared to be elected. If it shall appear that there vacancy in 

. !• /■ 'I'ji iji office of niayoi- 

is no choice oi mayor, or it the person elected mayor 
shall refuse to accept the office, or shall die before qualify- 
ing, or if a vacancy in said office shall occur more than 
three months previous to the expiration of the municipal 
year, the city council shall forthwith cause a new election 
to be held, and the same proceedings shall be had in all 
respects as are hereinbefore provided for the election of 
mayor, and shall be repeated until the election of a mayor 
is efiected. If the full number of members of the city vacancy in 
council has not been elected, or if a vacancv in the office '^"y ''"""" • 
of alderman shall occur more than six months previous to 
the expiration of the municipal year, the city council shall 
forthwith cause a new election to be held to till the vacancy 
or vacancies. 

Section 6. All meetings for the election of national, ^ect^oTof"*" 
state, county, district and municipal officers, and for any "''^^''"jjjj.gjf®' 
other municipal purposes, shall be called according to the 
provisions of the general laws of the Commonwealth. 

Section 7. When no convenient w-ardroom for hold- ward meetings 

. ^ . . 11 roay be held in 

ing the meetings of the citizens of any ward can be had adjacent ward, 
within the territorial limits of such ward the city council 
may appoint and direct in the notice for calling any meet- 



126 



Acts, 1897. — Chap. 172. 



General iiiet' 
ings of quali 
voters. 



t- 
lied 



ing of the citizens of such \yiird tliat the meeting l)e held 
in some convenient place within tiie limits of an adjacent 
ward of the city ; and for such purpose the })lace so as- 
signed shall be deemed and taken to be a part of the ward 
for which the election is held. 

Section 8. General meetings of the citizens qualified 
to vote may from time to time be held according to the 
right secured to the people by the constitution of the 
Commonwealth, and such meetings may, and upon the re- 
quest in writing of fifty qualified voters, setting forth the 
purposes thereof, shall be duly called by the city council. 



City council, 
election, term, 
etc. 



Oath of oflice 
of mayor and 
aldermen. 



City council, 
organization, 
etc. 



TITLE III. THE LEGISLATIVE DEPARTMENT. 

Section 9. The city council shall consist of fifteen 
aldermen, who shall be elected as follows : — At each 
annual municipal election held under this act eight alder- 
men at large shall be elected by the qualified voters of the 
entire city, to serve for the term of one year beginning 
with the first Monday in January then next ensuing and 
until a majority of their successors as aldermen at large 
are elected and have qualified ; and one alderman from 
each ward shall be annually elected by the qualified voters 
in each ward, to serve for the term of one year beginning 
with the first Monday in January then next ensuing and 
until his successor is elected and has qualified. Aldermen 
shall receive no compensation for their services. 

Section 10. The mayor elect and the aldermen elect 
shall annually on the first Monday in January, at three 
o'clock in the afternoon, meet and be sworn to the faithful 
discharge of their duties. The oath shall be administered 
by the city clerk, or in case of his absence by any justice 
of the peace, and shall be duly certified on the journal of 
the city council. In case of the absence of the mayor 
elect on the first Monday in January, or if a mayor shall 
not then have been elected, the oath of oflSce may at any 
time thereafter be administered to him in the presence of 
the city council ; and at any time thereafter in like man- 
ner the oath of office may be administered to any member 
of the city council who has been previously absent or has 
been subsequently elected ; and every such oath shall be 
duly certified as aforesaid. 

Section 1 1 . After the oath has been administered to 
the aldermen present the city council shall be called to 



Acts, 1897. — Chap. 172. 127 



order by the city clerk, or in case of his absence by the city council. 
oldest senior member present. The city council shall then "[s""'^^"""' 
proceed to the election of a president, who shall be elected 
by a majority ballot of all tiie members of said city coun- 
cil, from their own number. If no quorum is present an 
adjournment shall be taken to a later hour, or to the next 
day ; and thereafter the same proceedings shall be had 
from day to day until a quorum is present. If on the 
first day on Avhicli a quorum is present no person receives 
the votes of such majority the ballot shall be repeated 
until some person receives the votes of such majority, or 
an adjournment to the succeeding day is taken ; and on 
such succeeding day a plurality of those voting shall be 
sufficient for an election. No other business shall be in 
order until a president is chosen. The president shall 
be sworn by the city clerk, or in case of the absence of 
the clerk by any justice of the peace. The city council 
shall then proceed to the choice of clerk, who shall not be 
a member of that body, in the same manner as is above- 
provided for in the choice of president, and no other 
business shall be in order until a clerk is chosen. The 
president and the clerk, or either of them, may be re- 
moved from office by a two thirds vote, taken by roll call, 
of all the members of the city council. The president of 
the city council shall have the same right to vote as any 
other member thereof. The clerk of the city council shall 
keep a journal containing a record of the proceedings of 
the city council and a record of all votes taken by roll 
call ; he shall engross, sign and attest all ordinances and 
resolutions passed by the city council, and shall present 
to the mayor, within three days of its final passage, every 
ordinance, order, resolution or vote passed by the city 
council which by the provisions of this act or by law or 
ordinance requires the mayor's approval, or must be sub- 
mitted to the mayor before it can be in force. 

Section 12. The mayor may at anytime call a special special meet- 

*J %j %/ 1 iutfS ot City 

meeting of the city council l)y causing a written notifica- council. " 
tion thereof to be delivered in hand or left at the residence 
of each alderman at least eight hours before the time ap- 
pointed for such meeting. 

Section 13. The city council shall determine the rules to determine 
of its own proceedings and shall be the judge of the elec- cccdlilLf'be''" 
tion and qualifications of its own members. In case of tiolfonts'mem. 
the absence of the president or clerk the city council shall ^ers.etc. 



128 



Acts, 1897. — Chap. 172. 



(Quorum, etc. 



Treasurer, city 
clerk, etc., elec- 
tion, term, etc. 



Vacancies, etc. 



Majority vote 
of all raeinhers 
necessary for 
the paHsajje of 
certain ordi- 
nances, etc. 



choose a president or clerk pro tempore, as the case may 
be, and a phirality of votes cast shall be sufficient for a 
choice. The journal of the proceedings of the city coun- 
cil shall be open to pul)lic inspection. The vote of the 
city council upon any question shall be taken by roll call 
when the same is requested hy three members. A major- 
ity of the members of the city council shall lie required to 
constitute a quorum, but a smaller number may adjourn 
from day to day. The city council shall, excei)t so far 
as is herein otherwise provided, have and exercise all the 
legislative powers of towns, and have all the powers and 
be subject to all the liabilities of boards of aldermen and 
of city councils, and of either branch thereof, under the 
general laws of the Commonwealth, and it may liy ordi- 
nance prescribe the manner in which such powers shall be 
exercised. 

Section 14. The city council shall annually in the 
month of January elect by a majority vote of all its mem- 
bers a treasurer, a collector of taxes, who may be the 
treasurer, a city clerk, and an auditor, who shall hold 
office from the first Monday of the following February 
and until their successors are chosen and qualified ; and 
before assuming such office the person elected shall take 
and subscribe before the mayor or city clerk, or a justice 
of the peace, an oath or affirmation faithfully to perform 
the duties of his office, which oath or affirmation, or a 
certified copy thereof, shall be filed in the office of the 
city clerk. The officers named in this section may be 
removed at any time by said city council for any cause 
deemed sufficient by the city council, by a two thirds vote 
of all its members. Vacancies in said offices shall be 
filled by election by the city council, and the person 
elected to fill the vacancy shall hold his office for the re- 
mainder of the term during which his predecessor would 
have been entitled to hold the same. The treasurer, col- 
lector of taxes, city clerk, and auditor, shall perform such 
duties and exercise such powers as may be prescribed by 
ordinance, and as are incumbent by law upon them. 

Section 15. In case any ordinance, order, resolution 
or vote involves the apjiropriation or expenditure of 
money to an amount which may exceed two hundred dol- 
lars, the laying of an assessment, or the granting to a 
person or corporation of any right in, over or under any 
street or other public ground of said city, the votes of a 
majority of all the members of the city council shall be 



Acts, 1897. — Chai\ 172. 129 

necessary for its passage. Every such ordinance, order, 
resolution or vote shall be read twice, with an interval of 
at least seven days between the two readings, before being 
finally passed, and the vote upon its final passage shall 
be taken Ijy roll call : jyrovided, hoivever, that upon and rroviso. 
after the written recommendation of the mayor the city 
council may pass such ordinance, order, resolution or 
vote at a special meeting called by the mayor for the pur- 
pose of considering the same, and held not less than forty- 
eiijht hours after the meeting at which such ordinance, 
order, resolution or vote was given its first reading, a two 
thirds afiirmative vote, on a roll call, of the entire city 
council being necessary in such cases to its passage. 

Section 16. Neither the city council nor any member Not to take part 
or committee thereof shall directly or indirectly take part "ie"'t''o*f™',bof,' 
in the employment of labor, the making of contracts, the ["acts'^etc. ''"°' 
purchasing of materials or supplies, the construction, 
alteration or repair of any public works, buildings, or 
other property, or the care, custody or management of 
the same ; or in the conduct of any of the executive 
or administrative business of the city, or in the expen- 
diture of public money, except as is herein otherwise 
provided, and except such as may be necessary for the 
contingent and incidental expenses of the city council, 
nor in the appointment or removal of any ofiicers, except 
as is herein otherwise provided. But nothing in this sec- Aid to disabled 
tion contained shall afiect the powers or duties of the board Bailors. 
in relation to city aid to disabled soldiers and sailors and 
to the families of those killed in the civil war. 

Section 17. No member of the city council shall ^,7'counc'ifnot 
durino; the term for which he is elected hold any other to hoia other 

O , 111" '^^^y office, etc. 

office in or under the cit}^ government, have the expendi- 
ture of any money appropriated by the city council, or 
act as counsel in any matter before the city council or any 
committee thereof; and no person shall be eligible for 
appointment to any municipal office established by the 
city council during any municipal year within which he 
is an alderman, until the expiration of the succeeding 
municipal year. 

Section 18. The city council shall have power within J^IJ^ ^^j""*]" ^ 
said city to make and establish ordinances and by-laws orcUnanceH and 
and to afiix thereto penalties as herein and by general penauie'sretc. 
law provided, without the sanction of any court or justice 
thereof: provided, hovjever, that all laws, ordinances and ^''o^^^- 
regulations not inconsistent herewith, now in force in the 



130 



Acts, 1897. — Chai-. 172. 



RtreetB, high- 
\vay», etc. 



City cotmcil to 
establinh eal- 
aries, etc., of 
officers. 



Appropriationn, 

expenditures, 

etc. 



Account of 
receipts and 
expenditures to 
be published, 
etc. 



Executive 
powers vested 
in mayor, etc. 



city of Woburn, shall remain in force until they shall ex- 
pire by their own limitation, or shall be revised or re[)caled 
by the city council. Complaint for the breach of any 
ordinance or by-law may l)e made l)y the mayor or by any 
head of a department or by any resident of the city. 

Section IJ). The city council shall, with the approval 
of the mayor, have exclusive authority and power to order 
the laying out, locating anew or discontinuing of all 
streets and ways and all highways within the limits of said 
city, and to assess damages or betterments sustained by 
any person thereby, and further, except as is herein other- 
wise provided, to act in all matters relating to such lay- 
ing out, locating anew or discontinuing. Any person 
aggrieved by the assessment of his damages, or by other 
action of the city council under this section, shall have 
all the rights and privileges now allowed by law in such 
cases in appeals from decisions of the selectmen of towns. 

Section 20. The city council shall establish by ordi- 
nance the salaries or remuneration of the offices created 
by this act, in case the same are not fixed herein, and of 
such other offices as may hereafter be created ; and no 
ordinance of the city council changing any such salary or 
remuneration shall take etfect until the municipal year 
succeeding that in which the ordinance is passed. Such 
salaries shall be in full for all services rendered the city 
by the incumbents of the respective offices in the discharge 
of the duties thereof. 

Section 21. The city council shall appropriate annu- 
ally on or before the first day of March the amount neces- 
sary to meet the expenditures of the city for the current 
municipal year. It shall, by ordinance or otherwise, 
secure a just and proper accountability, by requiring 
bonds with sufficient penalties and sureties from all per- 
sons entrusted with the receipt, custody or disbursement 
of money. It shall on or before the first day of April in 
each year cause to be published for the use of the inhab- 
itants a particular account of the receipts and expenditures 
of said city and a schedule of all city property and of the 
city debt. 

title IV. executive department. 

Section 22. The executive powers of the city shall 
be vested solel}'^ in the mayor, and may be exercised by 
him either personally or through the several officers and 



Acts, 1897. — Chap. 172. 131 

boards of the city in their (lei)artments, under his general 
supervision and control. In case of a vacancy in any 
oiEce to which api)oiutment may be made by the mayor 
he may personally perform the duties thereof, but he shall 
not be entitled to receive any salary or pay attached 
thereto. The mayor shall hold office for the municipal Term of office. 
year beginning with the first Monday in January follow- 
ing his election, and until his successor is elected and 
qualified. 

Section 23. The mayor shall have sole power of fn^Preramt^of 
appointment to all the municipal offices established by or ™^"e^gP*^ 
under this act, unless herein otherwise provided ; and he 
may remove from office by written order any officer so 
appointed hereunder, for any cause which he shall in his 
official discretion deem sufficient, which cause he shall 
assign in his order of removal. Such office shall become 
and be vacant upon the filing with the city clerk of such 
order of removal and the service of a copy thereof upon 
the officer so removed, either personally or by leaving the 
same at his last or usual place of residence The city 
clerk shall keep such order of removal on file, where it 
shall be open to public inspection. He may suspend any 
officer, and may suspend any work or payment, whether 
under contract or otherwise, for a period not exceeding 
ten days, except as is herein otherwise provided. 

Section 24. The salary of the mayor shall be one saiary of mayor. 
thousand dollars per annum, and such additional sum as 
the city council may establish by ordinance passed by 
vote of two thirds of all its members, such ordinance not 
to take effect however until the year succeeding that in 
which it is passed. 

Section 25. Every ordinance, order or resolution of nances" e[c^," to 
the city council, except such as relates to the election of be presented to 
the officers to be chosen by the board under the provisions provai, etc. 
of this act or of law, or such as relates to the declaration 
of a vacancy in the office of mayor, and every vote of the 
board other than votes incidental to the transaction of 
business under parliamentary rules, shall be presented to 
the mayor, as hereinbefore provided. If he approves 
thereof he shall signify his approval by signing the same ; 
but if not he shall return the same with his objections to 
the city council, who shall enter the objections of the 
mayor at length upon their records and proceed to re- 
consider said ordinance, order, resolution or vote, and if 



132 



Acts, 1897. — Ciiai>. 172. 



President of 
city council to 
act in case of 
disability of 
mayor, etc. 



Estimates of ex- 
penises, ftc. 



after such reconsideration two thirds of the city council, 
notwithstanding such objections, vote to pass it, it shall 
be in force. In all cases the vote shall be by yeas and 
nays, and it shall be taken at the meeting at which the 
mayor's message is received, or at the meeting next fol- 
lowing. If such ordinance, order, resolution or vote shall 
not be returned within ten days after it shall have been 
so presented to the ma3^or the same shall have the same 
efl'ect as if approved. He may except from his approval 
of any such ordinance, order, resolution or vote, any por- 
tion involving a distinct item of expenditure ; and in such 
case instead of returninu; the original he shall transmit a 
copy of such portion not approved, which portion shall 
be reconsidered in the manner and with the effect herein 
provided. The veto power of the mayor shall not extend 
to elections. 

Section 26. Whenever by reason of sickness or ab- 
sence from the city or other cause the mayor shall be 
disabled from performing the duties of his office, and 
whenever there shall be a vacancy in the office of mayor, 
the president of the city council shall become actinij 



mayor 
ability 



He shall, as acting mayor, in case of such dis- 



and 



during 



its continuance, and 



during 



the con- 
tinuance of such vacancy, have all the rights and powers 
of mayor, except that he shall not when so acting have 
the power of removal, unless thereto in any instance 
authorized by a vote of the city council ; nor any power 
of appointment unless such disability of the mayor or 
such vacancy in the office of mayor has continued for a 
period of thirty days ; nor the power to approve or dis- 
approve any ordinance, order, resolution or vote, until 
within twenty-four hours of the time when it Avould take 
effect without the approval of the mayor. In case such 
disability of the mayor continues for a period exceeding 
sixty days the city council may at any time after the 
expiration of that period declare a vacancy to exist in 
the office of mayor. 

Section 27. The mayor shall, prior to the first day 
of February 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 be necessary for their 
respective departments for the financial year, which shall 
begin on the first day of January, and he shall, not later 



Acts, 1897. — Chap. 172. 133 

than the fifteenth day of February, transmit such esti- 
mates to the city council, recommending such appro- 
priation for each department or purpose as he shall deem 
necessar}' therefor. 

TITLE V. SCHOOL DEPARTMENT. 

Section 28. The management and control of the pub- school commit- 
lic schools of said city shall be vested in a school commit- tenn'sfetc!"' 
tee, consisting of nine persons chosen by the city at large, 
three to be chosen at each municipal election and to hold 
office for the term of three years from the first Monday 
in January then next ensuing. The present school com- 
mittee shall continue to hold ofiice until the expiration of 
the term for which they were elected. The school com- 
mittee shall serve without pay, and shall exercise the 
powers and discharge the duties imposed l)y law upon 
school committees. 

Section 29. The school committee shall meet on the orjraniz.ition of 
first jMonday in January in each year, and shall at such j^^^ooi commit- 
meeting, or as soon thereafter as may be, choose by ballot 
a chairman from among its members, and the votes of a 
majority of all the members of the school committee shall 
be required in order to elect. The mayor may be present Mayor mnj be 
at all sessions of the school committee, and when present sioue, etc. 
he may participate in the discussions and may preside, 
but shall have no right to vote. The committee shall be 
the judge of the election and qualifications of its members 
and shall determine the rules of its proceedings. A ma- Quorum. 
jority of all the members shall constitute a quorum for 
the transaction of business, but a smaller number may 
adjourn from time to time. 

Section 30. The school committee shall electa super- superintendent 

. .T.r«iiijj/» •! ft schools, elec- 

mtendent or schools, but not troin anions its own mem- tiou.etc. 
bers, who shall also be its secretaiy, and said committee 
may appoint janitors of all school buildings and such sub- 
ordinate ofiicers and assistants as it may deem necessary 
for the proper discharge of its duties and the conduct of 
its business, shall define their terms of service and fix 
their compensation, and may remove and discharge them 
at pleasure. 

Section 31. The school committee shall be the ori^i- schooi commit- 

.1 T ./... toe to be judges 

nal judges ot the expediency and necessity of having of "wessity of 
additional or improved accommodations for an}' public coramod'aiions, 

etc. 



134: 



Acts, 1897. — Chap. 172. 



school within the limits of the city, and whenever in their 
opinion a schoolhouse is required they shall send a com- 
munication to the city council, statini*' the locality and the 
nature of the further })r()visi()ns for schools which are 
needed. The city council shall have the right to purchase 
lands for school purposes, hut no lot of land shall be 
purchased by the city council until the same has been 
approved by a vote of the school conmnttee, and no con- 
tract shall be made for the erection of a school building 
or for the furnishings thereof until the plans for said new 
building or furnishings shall have been so approved. 
The care, alteration and repair of all school buildings 
shall be under the control of the school committee. 



TITLE VI. 



ADMINISTRATIVE OFFICERS. 



Administrative 
officers, ap- 
pointment, 
terms, duties, 
etc. 



consistmg 



of the 



Section 32. There shall be the following admmistra- 
tive officers, who shall be appointed by the mayor, except 
as is herein otherwise provided, and the}" shall perform 
the duties imposed upon them respectively by law and by 
this act, and such further duties not inconsistent with the 
nature of their respective offices as the' city council may 
prescribe : — 

First. A board of public works, 
mayor and four other persons. 

Second. A city solicitor. 

Third. A city physician. 

Fourth. Three principal assessors, who together shall 
constitute the board of assessors, one of whom shall be 
annually designated by the mayor as chairman and one as 
secretary. 

Fifth. Three overseers of the poor, who together shall 
constitute the board of overseers of the poor, one of 
whom shall be annually designated l^y the mayor as chair- 
man and one as secretary. 

Sixth. A chief of police, and such subordinate officers 
as may be prescribed by ordinance. 

Seventh. A board of health, under the provisions of 
cha])ter eighty of the Public Statutes and acts in amend- 
ment thereof. 

Eighth. A chief engineer and an assistant engineer of 
the tire depai-tment. 

Ninth. Three sinking fund commissioners. 

Tenth. A board of Hve cemetery commissioners, with 



Acts, 1897. — Chap. 172. 135 

the powers aud duties })rescril)ed by chapter one hundred ^ffi^rf^ap"^*'^" 
and nine of the acts of the year eig-hteen hundred and pointment, 
eighty-four and acts in amendment thereof, which act shall etc. 
be deemed to apply to the city of Wol)urn. 

The Woburn Public Library shall continue a body cor- 
porate within said city, under the provisions of chapter 
two hundred and seventy-three of the acts of the year 
eighteen hundred and eighty-five and acts in amendment 
thereof, which act shall be deemed to apply to the city of 
Woburn. The members of the boards of assessors, over- 
seers of the poor, and sinking fund commissioners, shall 
hold otfice for the term of three years each and until their 
several successors are chosen and qualified ; the meml)ers 
of said boards and the board of health and the cemetery 
commissioners and the trustees of the public library as 
constituted when this act goes into effect, shall continue 
to hold office until the expiration of their respective terms 
of service ; and for the further continuance of said boards 
there shall be appointed under this act, in the month of 
January annually, to serve for the term of three years 
from the first Monday in February then next ensuing, 
one principal assessor and one overseer of the poor, in 
place of the incumbents whose terms then expire ; and 
in the month of February of each year one sinking fund 
commissioner for a like term, beginning on the first Mon- 
day of March then next ensuing, in place of the incumbent 
whose term then expires. And in the month of February 
annually there shall be appointed by the mayor, subject 
to confirmation by the city council, one person as a mem- 
ber of the board of commissioners for the care and man- " 
agement of the Woburn cemetery and public burial ground, 
who shall hold his office for the term of five years, begin- 
ning on the first Monday in April then next ensuing, and 
until his successor is chosen and qualified ; also one person 
as trustee of said public library, who shall hold his office 
for the term of three years, beginning on the first Monday 
in April then next ensuing, and until his successor is 
chosen and qualified. Any vacancy occurring at any time 
in the corporation and board of trustees of the Woburn 
Public Library shall be filled by appointment by the 
mayor, subject to confirmation by the city council. The 
other administrative officers and members of boards men- 
tioned in this section, unless otherwise provided by this 
act or by law, shall be appointed annually in the month 



136 



Acts, 1897. — Chap. 172. 



Oath of oHkh', 
vacancies, etc. 



Fire dejtart- 
ment. 



Board of public 
worliK, powern 
and duticB, etc. 



of Januaiy, and shall hold office for the term of one year 
from the first Monday in February next following. All 
of said officers, including members of said boards, shall 
be sworn to the faithful discharge of their duties and 
shall hold office until their respective successors are ap- 
pointed and qualified, unless sooner removed. Vacancies 
for unexpired terms may be filled in the manner provided 
for filling the office for a full term. The city council may 
by ordinance establish additional administrative offices, 
and define the duties of the incumbents thereof, and such 
offices shall l)e subject to the provisions of this act. The 
fire department shall consist of a chief engineer and an 
assistant engineer, whose terms of service shall be two 
years each, one of which shall expire each year ; and of 
such other officers and members as the city council by 
ordinance shall from time to time prescribe. The incum- 
bents of the offices of chief engineer and assistant engi- 
neer at the time this act goes into eflect shall continue in 
office during the remainder of the terms for which they 
were elected, and the city council shall annually in INIarch 
elect a chief engineer or assistant engineer, as may be 
required, for the term beginning on the first Monday of 
April next ensuing ; and any vacancy in the office of chief 
engineer or assistant engineer may be filled from time to 
time by the city council for the unexpired term. 

Section 33. The board of public works shall have 
cognizance, direction and control ; — (a) of the construc- 
tion, alteration, repair, care and lighting of streets, ways, 
bridges and sidewalks; — (b) of the construction, altera- 
tion, repair and care of pu1)lic buildings, except that the 
school committee shall have the care of school buildings 
in the use and occupation of the public schools; — (c) of 
the construction, extension, alteration, repair and main- 
tenance of the public water works ; — (d) of the construc- 
tion, extension, alteration, care and maintenance of public 
sewers and drains ; — (e) of the laying out and caring for 
public parks, and of all the work in and ui)on the same : 
— (f ) of the care, su[)erintendence and management of 
the })ul)lic grounds belonging to said city, except such as 
are under the control of the school committee; — (g) of 
the care and control of the shade and ornamental trees 
standing in the streets and public wa3^s ; — (h) of the 
supervision of electric light, ])Ower, telephone, telegraph 
and trolley wires, and electric light, telegraph and tele- 



Acts, 1897. — CuAr. 172. 137 

phone poles and gas pipes, and the erection, placing and ^^^^'^^"pVw"™,'' 
removal thereof. Said board shall have the power to duties' etc. 
employ engineers, superintendents, clerks and such other 
assistants as they may deem necessary, and to fix the 
compensation of their appointees. They shall have and 
exercise the power and authority vested in the water 
commissioners of Woburn l)y chapter three hundred and 
seven of the acts of the year eighteen hundred and seventy- 
one and acts in amendment thereof; and in the board of 
sewerage commissioners by chapter three hundred and 
eighty of the acts of the year eighteen hundred and 
ninety-one and acts in amendment thereof; and in the 
board of park commissioners by chapter one hundred 
and fifty-four of the acts of the year eighteen hundred 
and eighty-two and acts in amendment thereof; and in the 
surveyors of highways of towns under the general laws of 
the Commonwealth and acts in amendment thereof; and 
all powers and duties by general laws vested in or im- 
posed upon water commissioners, sewerage commission- 
ers, park commissioners, and surveyors of highways of 
towns ; and all provisions of law relating to water com- 
missioners, sewerage commissioners, park commissioners, 
and surveyors of highways shall apply to the said board 
of public works when not inconsistent herewith. 

Section 34. At the first municipal election held under Election, terms, 
this act four members of the ))oard of public works shall 
be chosen by and from the qualified voters of the city as 
follows: — One member for the term of one year, one 
member for the term of two years, one member for the 
term of three years and one member for the term of four 
years, beginning with the first Monday of January then 
next ensuing, and until their respective successors are 
chosen and qualified ; and thereafter one member of said 
l)oard shall be elected at each annual municipal election 
ill place of the member whose term then expires, to serve 
for the term of four years, beginning with the first Mon- 
day of January next ensuing, and until his successor is 
chosen and qualified. The mayor shall be ex ofiicio a Mayor to i^e^ex 
member of the l)oard and the president thereof. Any her, etc. 
vacancy in the board of public works shall be filled at vacancies. 
the next ensuing annual municipal election, provided that 
such vacancy is known to exist at the time of issuing the 
notice for such election, by an election for the unexpired 
term ; and the person so elected shall enter upon his duties 



138 



Acts, 1897. — Citap. 172. 



Ketnovala. 



Affairs of de- 
partineut of 
piil)lic works 
to be divided 
1 let ween four 
administrative 
bureaus. 



Compensation 
of commissicjn- 
ers, duties of 
bureaus, etc. 



Police depart- 
ment. 



on the first Monday of January next ensuing, and until that 
time the vacancy may he filled hy nomination of the mayor, 
conlirmed hy the city council. Any niemher of the board, 
except the mayor, after due notice and hearing may be 
removed from oflice by a two thirds vote of the city coun- 
cil, for any cause by it deemed suflicient, and in case of 
removal the cause thereof shall be set forth in the order 
of removal. No mem1)er shall be removed except upon 
charges in writing, a})proved by the mayor, nor without 
notice and opportunity to be heard in his own defence. 
During the pendency of such charges against any member 
of the board the mayor may suspend him from ofiice. 

Section 35. The afiairs of said department of public 
works shall be divided by the board between four aduiin- 
istrative bureaus, as follows : — 

First. A bureau of sewers, the chief oflBcer of which 
shall be known as the commissioner of sewers. 

Second. A bureau of highways, the chief officer of 
which shall l)e known as the commissioner of streets. 

Third. A bureau of water and water supply, the chief 
officer of which shall be known as the commissioner of 
water and water supply. 

Fourth. A bureau of 
the chief officer of which 
sioner of pul)lic buildings and grounds. 

The said four commissioners shall receive an annual 
salary of two hundred and fifty dollars each. The duties 
of the several bureaus shall be such as may be referred 
thereto from time to time by the board of public works ; 
the mayor shall designate each member of said board as 
commissioner of one of said bureaus, who shall discharge 
the duties thereof under the direction of the board and the 
supervision of the mayor. In case of a vacancy in the office 
of the chief of any of said bureaus, or of the absence or 
disability of any of them, the mayor may assign the duties 
of such bureau during such vacancy, absence or disability, 
to any other member of the board, who shall thereupon 
assume the duties thereof. The mayor may transfer any 
member of the board from the administration of the duties 
of one ])ureau to those of another. 

Section 3(). The police department shall consist of a 
chief of police and such subordinate officers and regular 
police officers as may be prescribed ])y ordinance from 
time to time. The power to appoint said chief and other 
officers shall be vested in the mayor exclusively. He may 



public buildings and grounds, 
shall be known as the commis- 



Acts, 1897.— Chap. 172. 139 

remove any memlier of the regular police force after a due 
hearing, for such cause as he sliall deem suflBcient and ex- 
press in the order of removal, subject however to the pro- 
visions of chapter three hundred and twenty of the acts of 
the year eighteen hundred and eighty-four, entitled, " An 
Act to improve the civil service of the Commonwealth and 
the cities thereof", and acts in amendment thereof. The 
order of removal shall be filed in the office of the city 
clerk. All the members of the present police force, and 
such members as may hereafter l)e appointed, shall hold 
office during good behavior and be subject to removal in 
the manner above-provided. The mayor shall have the 
power to remove the chief of police at any time. 

Section 37. The administrative ofiicers and boards Administrative 
above-named in this title, and all administrative officers poil,t'or'remove 
and 1)oards hereafter estal)li8hed by the city council and ^^^'^^^> «'*'=• 
not coming within the department of any officer or board 
so above-named, shall have the power, except as is herein 
otherwise provided, to appoint or employ and to remove 
or discharge all officers, clerks and employees in their 
respective departments. Such appointments shall not be 
for any specified term but shall hold good until removal, 
resignation or discharge. Orders of removal shall state 
the grounds therefor, and shall be entered upon the records 
of the officer or board making the same, and removals 
shall take effect upon the filing of a copy of such order 
with the city clerk, who shall record the same in a 
book provided for the purpose, which book shall be open 
to public inspection. The above-named administrative May make 
officers and boards shall, in their respective departments, trTcts!e?c.''°°' 
make all necessary contracts for work and for the furnish- 
ing of materials and supplies for the city, and for the con- 
struction, alteration, repair and care of all public works, 
institutions, buildings and other property, subject to the 
approval of the mayor in writing. They shall be at all 
times accountable to the mayor as the chief executive offi- 
cer for the proper discharge of their duties. Every board, 
and every officer above-named not a member of a board, 
shall keep a record of all official transactions, and such 
record shall be open to public inspection. 

TITLE VII. GENERAL PROVISIONS. 

Section 38. No person shall be eligible for election certain persons 
or appointment to any office established by this act unless °°^ '^''S'^''^- 
at the time of such election or appointment he has been a 



140 Acts, 1897. — Chap. 172 



citizen of the United States for at least one year, nor to 
any such oflice unless at llic time of such election or ap- 
})ointmcnt he has l)een a resident of the city for at k'iast 
one year hist i)receding. 
onicofltobe- Section 39. Any office established by or under this 

u.ui.v .criuin act shall, except as otherwise provided, become vacant if 
the incumbent thereof ceases to be a resident of the city. 
The conviction of the incumbent of any such office of a 
crime punishable by imj^risonment shall o})erate to create 
a vacancy in the office held by him. 
Appiopviationf., Section 40. No sum aiii:)ropriated for a specific pur- 
etc. ' pose shall be exjiended for any other juirpose, and no 

expenditure shall be made nor liability incurred by or in 
behalf of the city until an appropriation has been duly 
voted by the city council sufficient to meet such expendi- 
ture or liability, together with all prior unpaid lial)ilities 
Proviso. which are payable out of such appropriations : 2^>'0vided, 

hoicever, that after the expiration of the financial year and 
until the passage of the regular annual appropriation liabil- 
ities payable out of a regular appropriation to be contained 
therein may be incurred to an amount not exceeding one 
fourth of the total of such appropriation for the preceding 
year. 
Civil Hctvice. Section 41. Nothing herein contained shall affect the 

enforcement of the provisions of chapter three hundred and 
twenty of the acts of the year eighteen hundVed and eight>'- 
four, entitled, " An Act to improve the civil service of the 
Commonwealth and the cities thereof", or of any acts in 
amendment thereof or in addition thereto, or of the rules 
made by the commissioners appointed thereunder ; and 
the city council shall make sufficient and proper appropri- 
ations for the carrying out and enforcement of said act 
and such rules in said city. 
Certain con- SECTION 42. All couti'acts made by any department of 

p'loveci'iiy" ■''' the city shall, when the amount involved is five hundred 
dollars or more, be in writing, and no such contract shall 
be deemed to have been made or executed until the ap- 
proval of the mayor is affixed thereto. All such contracts 
shall be accompanied by a bond with sureties satisfactory 
to the board or committee having the matter in charge, or 
by deposit of money or by other security for the faithful 
performance of such contracts, and such bonds or other 
security shall be deposifed with tlie city auditor until the 
contract has been carried out in all respects ; and no such 



mayor, vXv. 



Acts, 1897. — Chap. 172. 141 

contract shall be altered except by a written agreement of 
the contractor, the sureties on his bond, and the officer or 
board making the contract, with the approval of the mayor 
affixed thereto. 

Section 43. Nothing contained herein shall be con- certain auihor- 
strued to aflect the authority, })0wer, privileges, rights affected! 
and obligations created and given by any special act of 
the general court, and now vested in and exercised by 
the city of Woburn, unless specially mentioned in this 
act. 

Section 44. All acts and parts of acts inconsistent Repeal. 
with this act are hereby repealed : provided, however, that Provisos. 
the repeal of the said acts shall not affect any act done or 
any right accruing or accrued or established, or any suit 
or proceeding had or commenced in any civil case before 
the time when such repeal shall take effect ; and that no 
offence committed and no penalty or forfeiture incurred 
under the acts hereby repealed and before the time when 
such repeal shall take effect shall be affected by the ^'e- 
peal ; and that no suit or prosecution pending at the time 
of the said repeal for any offence committed or for the 
recovery of any penalty or forfeiture incurred under the 
acts hereby repealed, shall be affected by such repeal ; 
and, provided, also, that all persons \\\\o at the time when 
the said repeal shall take effect shall hold office under the 
said acts shall continue to hold the same according to the 
tenure thereof, subject to the provisions of this act, and 
provided, aUo, that all the by-laws and ordinances of the 
city of Woburn which shall be in force at the time when 
the said repeal shall take effect, and which ai"e not incon- 
sistent with the provisions of this act, shall continue in 
force until the same are repealed by the city council, and 
all officers elected under such by-laws and ordinances shall 
continue in office according to the tenure thereof, su]>ject 
to the provisions of this act. 

Section 45. No act wdiich has been heretofore repealed certain acts not 
shall be revived by the repeal of the acts mentioned in the 
preceding section. 

Section 46. This act shall be submitted to the qualified '''ll'^t,''"" "^ 
voters of the city of Woburn for acceptance at a special acceptance. 
election to be held within sixty days from its passage ; 
and the city clerk shall, not less than one week before 
said election transmit by mail or otherwise to every regis- 
tered voter in said city a copy of this act. The vote shall 



142 



Acts, 1897. — Chap. 173. 



May be resub- 
mitted at state 
election, 1897. 



When to take 
effect. 



YES. 




NO. 





be taken by ballot in answer to the following question : — 
*' Shall an act passed by the general court 
in the year eighteen hundred and ninety- 
seven, entitled, 'An Act to revise the char- 
ter of the city of Woburn', l)e accepted?" 

In case this act is not accepted by the voters of said 
city at its first submission under this section it shall l)e 
submitted a second time to said voters at the annual state 
election in the year eighteen hundred and ninety-seven, 
and the vote shall be be taken by ballot in answer to the 
question above-stated. 

Section 47. So much of this act as authorizes and 
directs the submission of the question of its acceptance to 
the qualified voters of said city shall take eft'ect upon its 
passage ; so much thereof as relates to elections there- 
under shall apply to the annual municipal election to be 
held on the second Tuesday of December in the year 
eighteen hundred and ninety-seven, if the larger number 
of votes upon the question of its acceptance is in the 
affirmative ; and if so accepted this act shall take full 
effect on the first Monday of January next ensuing. 

Approved March 19, 1897. 



p. 8. 139, § 8, 
amended. 



Oh(ip.\73 An Act relative to guardians of spendthrifts. 

Be it enacted, etc., as foUoios : 

Section eight of chapter one hundred and thirty-nine of 
the Public Statutes is hereby amended by striking out the 
whole of said section and inserting in place thereof the 
^j;p^'.°^'^^^'°f following: — Section 8. When a person, by excessive 
ependthrifte. drinking, gaming, idleness, or debauchery of any kind, so 
spends, wastes or lessens his estate as to expose himself or 
his family to want or suffering, or any city or town to charge 
or expense for his support or for the support of his family, 
the overseers of the poor of the city or town of which such 
spendthrift is an inhabitant or resident, or upon which he 
is or may become chargeable, or a relation or relations of 
such spendthrift, may present a complaint to the probate 
court, setting forth the facts and circumstances of the case 
and praying to have a guardian appointed. In towns in 
which overseers of the poor are not specially chosen and 
in which the selectmen act as overseers of the poor said 
selectmen may present such complaint. Upon the presen- 
tation of such complaint the court shall cause not less than 



Acts, 1897. — Chaps. 174, 175. 143 

fourteen days' notice of the time and place appointed for 
the hearing, to be given to the supposed spendthrift ; and 
if, after a full hearing, it appears that he comes within the 
above description, the court shall appoint a guardian of 
his person and estate. Approved March 19, 1897. 

An Act to authorize the southbridge and sturbridge street (JfiQj) \^^ 

RAILWAY COMPANY TO DO BUSINESS AS A COMMON CARRIER. 

Be it enacted, etc., as follows: 

Section 1. The Southbridge and Sturbridge Street M^.y;i°i'"«\"e«« 
Railway Company is hereby authorized to carry on the ex- carrier, etc. 
press business and to be a common carrier for the convey- 
ance of goods upon and over any street railway which it 
has been authorized or may be authorized to construct, 
with all the powers and privileges and subject to all the 
duties, liabilities and restrictions which now are or here- 
after may be in force applicable to common carriers, and 
subject also to such rules and regulations as may be made 
from time to time by the selectmen of the towns of South- 
bridge and Sturbridge. 

Section 2. Said company may construct, maintain May construct, 
and operate its railway over private lands acquired by over private 
purchase, or with the consent of the owners of said land, ^'^ ^'^^' 
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 hereafter may be in force relating 
to street railways. 

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

Approved March 19, 1S97. 

An Act relative to buildings in the city of boston. Chap. 17 5 

Be it enacted, etc., asfolloios: 

Section 1. Chapter four hundred and nineteen of the i892, 4i9, 
acts of the year eighteen hundred and ninety-two is here- ^'^'^^ ^ 
oy amended by striking out sections one hundred and 
sixteen, one hundred and seventeen, one hundred and 
eighteen and one hundred and nineteen, and by inserting 
in place thereof the following : — Section 116. No build- fo"^'f,;^fj';°/ 
ins: shall l)e used for a sfrain elevator or for the storage or gniin elevators, 

~ «— ' ^ *— etc wiliiout 

manufacture of high combustibles or explosives, or for permit, etc. 
chemical or rendering works, and no engine, dynamo, 
boiler or furnace shall be placed in any building, without 
a permit from the inspector, and every application for 



144 



Acts, 1897. — Cii.u>. 175. 



Granting of 
penuitB. 



In case of ob- 
jt'ctiou applica- 
tion to be re- 
ferrcfi to board 
of appeal, etc. 



Notice of 
heariugB, etc. 



lugpector may 
prescribe cer- 
tain conditions, 
etc. 



such permit shall be filed with the inspector in writins:, 
and shall set forth the character of the building, the size, 
power a7Kl purpose of the apparatus, and such other in- 
formation as the inspector may recpiire. The inspector 
may, after an examination of the premises described in the 
ap})lication, and hearing the applicant and any objectors, 
issue a permit for placing a boiler or furnace on such prem- 
ises, on such conditions as he shall deem just and proper, 
or may refuse such permit, and the applicant for other 
than a boiler or furnace shall publish notice of the applica- 
tion in at least two daily newspapers published in the 
city of Boston, and at least three days in each, and, if so 
directed l)y the inspector, shall also post conspicuously on 
the premises a copy of the application and deliver copies 
thereof to such persons as the inspector may direct, and 
file an affidavit with the inspector that notice has been 
given as required. Section 117. If no objection is filed 
with the inspector before the expiration of ten days from 
the time of the first publication of notice, or within ten 
days of the delivery and first posting of notice if required, 
the inspector shall, if the arrangement, location and con- 
struction of the proposed apparatus is proper, and in 
accordance with the terms of this act, issue a permit for 
the same. But if such objection is filed the application 
shall be referred to the board of appeal, the chairman of 
the board of health, and the chairman of the board of fire 
commissioners, together sitting as a commission, or such 
members of said boards respectively as, in case of the ab- 
sence or disabilitv of the chairman, the standinsz; members 
of the board of apj^eal or their duly apppointed substitutes 
shall in each case appoint. The two members of said 
commission sitting with the board of appeal shall receive 
the same compensation as the members of that board. 
Section 118. Said commission shall in each case cause 
due notice to be given to all parties of the time and place 
of hearing, and after hearing the parties shall authorize 
the inspector to issue a permit, under such conditions as 
may be prescribed by said commission, or to withhold the 
same. If the permit is refused, the applicant, and if it is 
granted, the objectors, shall pay such costs as the commis- 
sion may determine. Section 119. The inspector may 
from time to time, after pul>lic notice and hearing, pre- 
scribe conditions on which any or all boilers or furnaces 
may be maintained in buildings, and if any person inter- 



Acts, 1897. — Ch.ips. 17G, 177. 115 

ested objects to such conditions and appeals from the de- 
cision of the inspector establishing the same, the appeal 
shall be referred to the commission specilied in the preced- 
ino; sections, and thereupon said commission shall pre- 
scribe such conditions as they shall deem just and proper. 
Section 2. This act shall take eflect upon its passage. 

Approved March 19, 1S97. 

An Act to authorize the removal of human remains from Qjtdj) 1 75 

AN OLD GRAVEYARD IN THE TOWN OF SOUTH HADLEY. 

Be it enacted, etc., asfolloios: 

Section 1. The Evergreen Cemetery Association of ^"^brreTo^ved 
South Hadley may, at its own expense, cause all human from oui grave- 
remains to be removed from the old graveyard, so-called, Hadiey.etc. 
situated near the center of said town, and to be interred 
by said association in the Evergreen cemetery in said 
town. For the purpose of interring said remains therein 
said association is hereby authorized to take by purchase 
or otherwise land adjoining said Evergreen cemetery, 
which land shall become a part thereof. 

Section 2. The land from which said remains are Land to be dwii. 
removed shall be forever dedicated to public uses for the uses'. " ^'" 
benefit of the inhabitants of said town. 

Section 3. This act shall take eftect when accepted ^^30°*°*'*''° 
by a majority of the voters of said town present and 
voting thereon at any annual town meeting, or at any 
special town meeting called for the purpose. 

Approved March 19, 1897. 

An Act to extend the time within which the pynchon safe Ol^a^i 177 

DEPOSIT AND TRUST COMPANY" MAY' ORGANIZE AND BEGIN BUSI- 
NESS. 

Be it enacted, etc., as follows : 

Section 1. The time within which the Pynchon Safe Time extended. 
Deposit and Trust Company, incorporated by chapter one 
hundred and eighty-four of the acts of the year eighteen 
hundred and ninety-five, may organize and begin business 
is hereby extended until the first day of July in the year 
eighteen hundred and ninety-nine. 

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

Approved March 19, 1897. 



146 Acts, 1897. — Chaps. 178, 179. 



Chap.l7S ^N -^CT RELATIVE TO ANIMALS AKFECTKO WITH INFECTIOUS DISEASES. 

Be it enacted, etc. , as follows : 

frHfanfm^r Section 1. Aiiv ownei', agent, or other person in 
affected with charge of or called to examine an animal in the city of 

infectioiiH (lis- ~ I'l'i -IT 1 

cases to be re- lioston anected with cither oi tiie diseases known as 
pore ,ec. ghmders, farcy, or rabies, shall forthwith report to the 

board of health of said city the name of the owner and 

place of keeping of such animal. 
S'be^dispoied''' Section 2. Said board, wdien satisfied upon examina- 
°^- tion that any animal Avithin said city is affected by either 

of said diseases, shall cause such animal to be forthwith 

killed, or otherwise disposed of. 
^" Section 3. Any person violating any provision of 

this act shall for each offence be punished by a fine not 

exceeding one hundred dollars or by imprisonment in the 

house of correction not exceeding one year. 

Approved March 19^ 1897. 

Chap.ViQ An Act to provide for the payment of bounties to Mas- 
sachusetts SOLDIERS FROM THE TREASURY OF THE COMMON- 
WEALTH IN CERTAIN CASES. 

Be it enacted, etc. , as folloivs : 
commissjonto Section 1. The auditor, and the secretary of the 

act upon chums ^^ ' iin. 

for unpaid Coiumonwealth, and the adiutant general, shall constitute 

bounties. ... . v. J^ -ii ,• 

a commission to act upon claims tor unpaid bounties pre- 
sented by veterans of the late war for the suppression of 
the rebellion, or by the heirs or legal representatives of 
such veterans. In cases where said commission finds, 
upon evidence satisfactory to them, which evidence must 
in all cases be furnished by the claimant or claimants them- 
selves, that the veteran in whose name the claim is pre- 
sented was promised a bounty for military or naval service 
by any city or town in this Commonwealth, that said 
veteran afterwards duly complied with the conditions 
under which said bounty was to be paid, and that said 
bounty has not been paid, they may certify that the bounty 
should be paid to said veteran or to his heirs or legal 
representatives, from the treasury of the Commonwealth ; 
and thereupon said claim shall be allowed and paid in the 
same manner as other claims against the Commonwealth. 
The said commissioners may expend for clerical assistance 
and for such expenses as may be necessary in carrying 



Acts, 1897. — Chaps. ISO, 181. IIT 

out the provisions of this act a sum not exceeding one 
thousand dollars. 

Section 2. The amounts allowed under this act shall amount"' °^ 
be paid only to the person named in the certificate of a'lowed. 
allowance or to his executor or administrator. 

Section 3. No claims shall be allowed under this cinims to be 

, , 1 • , 1 • t> ja presented with. 

act unless presented within one year irom the passage in one year. 
thereof. 

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

Approved March 19, 1897. 



Chap.im 



An Act kelative to the jurisdiction of district, tolice and 

municipal courts. 

Be it enacted, etc., as follows: 

Section thirty-nine of chapter three hundred and ninety- '^^^I'^f^^ § ^^' 
six of the acts of the year eighteen hundred and ninety- 
three is hereby amended by inserting after the word 
"destroyed", in the fifth line, the words: — or the 
amount of the injury done, — so as to read as follows: 
— Section 39. They shall have jurisdiction, as aforesaid, ^ffenci*o"TndI 
of the ofl'ence of indecent exposure of the person ; of viola- cent exposure, 
tion of the provisions of section one hundred and three of 
chapter two hundred and three of the Public Statutes, 
when the value of the property destroyed or the amount 
of the injury done is not alleged to exceed one hundred 
dollars ; of all nuisances at common law ; and of the 
ofience at common law of keeping and maintaining a com- 
mon, ill governed and disorderly house ; and in such cases 
may punish by fine not exceeding one hundred dollars or 
by imprisonment in the jail or house of correction not 
exceeding one year. Apyproved Mairh 19, 1897. 

An Act relative to the taking of eels in oyster pond in (^Tjfjq^ 1 Q1 

THE TOWN OF EDGABTOWN. ^ 

Be it enacted, etc., asfoUoivs: 

Section 1. The owners of the land in the town of t^riand°may" 
Edgartown lying between Oyster pond in said town and ^•"gj^'^onj™ 
the ocean, and bordering on said pond, may during the 
months of October and November in each year set eel- 
' pots or weirs extending from their said lands into said 
pond, and may, during said months, by means of said 
pots or w^eirs take eels from the waters of said pond. 



us Acts, 1897. — Chaps. 182, 183, 184. 

Repeal. SECTION 2. All acts OF pails of acts iucousistent here- 

with are hereby repealed. 

Section 3. This act shall take effect upon its i)assage. 

Approved March 10, 1897 o 

Chap.\A>'2 An Act making an appkopkiation for expenses in connec- 
tion WITH THE CONSOLIDATION AND ARKANGEMENT OF THE 
PUBLIC STATUTES. 

Be it enacted, etc. , as follows : 

andmnrnglr' Section 1. The suui of twenty thousand dollars is 
staiutes^"^"'' hereby appropriated, to T)e paid out of the treasury of 
the Commonwealth from the ordinary revenue, to meet 
expenses in connection with the consolidation and arrancje- 
ment of the Public Statutes of the Commonwealth, during 
the year ending on the thirty-first day of December in 
the year eighteen hundred and ninety-seven, the same to 
be in addition to the appropriation authorized by chapter 
four hundred and thirty-four of the acts of the }xar eight- 
een hundred and ninety-six. 

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

Approved March 19, 1897. 

ChajJ.^SH -^^ ■^^'^ '^^ PROVIDE FOR THE APPOINTMENT OF A FOURTH AS- 
SISTANT CLERK OF THE MUNICIPAL COURT OF THE CITY OF BOS- 
TON FOR CIVIL BUSINESS. 

Be it enacted, etc., as folloios : 

Fourth assist- Section 1. There shall be appointed, in the manner 
api.oiutud. provided by law for the appointment of assistant clerks 
of the municipal court of tlie city of Boston, a fourth 
assistant clerk of said court, for civil Inisiness, who shall 
receive from the county of Suffolk an annual salary of 
fifteen hundred dollars. 

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

Ap)proved March 19, 1897. ' 

C%fl7?.181: -^N ■^^'^ '''*^''^ ''^"^ BETTER PROTECTION OF WILD FOWL. 

Be it enacted, etc., as follows : 

wiid^oWTh.' "^ Section 1. Whoever within the limits of that jiortion 
BoKton harbor of Bostou liarbor lvini>- westerly and southwesterly of a 
line running from Deer Island to Point AUerton, includ- 
ing the waters of Dorchester bay, Quincy bay, Weymouth 
bay and Hingham I)ay, shoots at, kills or pursues any wild 



Acts, 1897. — Chaps. 185, 186. 149 

fowl from or l)y the aid or use of any boat or floating de- 
vice propelled by any mechanical means shall l)e punish- 
able by a fine of twenty dollars for each offence. 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Approved March 19, 1897. 

An Act relative to the public health in the city of boston. (JJiar) ISU 
Be it enacted^ etc., as follows: 

Section 1. Whenever the owners of unoccupied lands Board of health 
in the city of Boston, or of estates situated on a private lands'ancr'*""' 
passageway therein, neglect for one week after being brcielnldfetc" 
notified by the board of health of said city, to clean and 
put in healthful condition such lands or passageway, said 
board may at the expense of such owners enter upon and 
clean and put in good condition such lands or passageway. 

Section 2, Any expense occasioned by the doing of Expense to be 
the work aforesaid upon any unoccupied lands shall be or abutteiB. 
paid by the owners of such lands, and by the doing of 
the work on a passageway shall be paid by the owners 
of the estates abutting upon such passageway, in propor- 
tion to the number of linear feet thereof so abutting, and 
shall be a lien upon such estates from the time of the pas- 
sage of the order aforesaid until the same is paid, and 
may be included and made a part of the taxes of such 
estate, and be collected in the same manner and with and 
as a part of such other taxes. 

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

Apxiroved March 19, IS 97. 



ChapAm 



An Act to prohibit Massachusetts insurance companies from 
soliciting or transacting business in any state aviierein 
they have not been authorized to transact business. 

Be it enacted, etc. , as follows : 

Section 1. No fire insurance company chartered under ivottotr.insaet 
any law of this Commonwealth shall establish any agencies t^'norherstaTes, 
or appoint any agents or other persons to solicit or trans- *'*''• 
act l)usiness for it in any state until said corporation has 
been lawfully authorized to transact business therein, nor 
shall any such corporation pay or allow any commission 
or emolument to any person whatsoever within any state 
to which it has not been lawfulh' admitted for the solicita- 
tion or procurement of insurance upon property therein. 



150 



Acts, 1897. — Chap. 187. 



Penalty. SECTION 2. For any violatioii of the preceding section 

the company shall be punished l)}^ a fine of not less than 
three hundred dollars. 

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

Approved March 19, 1897. 



CJiap.lST 



1887. 137, § 4, 
amended. 



Certificates to 
be iesued after 
a satisfactory 
examiuation. 



188T, 137. § 6, 
amended. 



Fees for exam- 
ination and 
certificate. 



Annual report. 



An Act kelative to kegistration in dentistry. 
Be it enacted, etc., as follows : 

Section 1. Section four of chapter one hundred and 
thirty-seven of the acts of the year eighteen hundred and 
eighty-seven is hereby amended by inserting in the first 
line, after the word "persons", the words: — who shall 
have attained the age of twenty-one years, — and by strik- 
ing out in the third and fourth lines, the words, "either 
orally or by written examination at the option of the 
several applicants", — so as to read as follows: — Section 
4. All persons who shall have attained the age of twenty- 
one years, not provided for in section three, may appear 
before said board at any of its regular meetings and be 
examined with reference to their knowledge and skill in 
dentistry and dental surgery ; and if the examination of 
any such person or persons shall prove satisfactory to 
said board, the board shall issue to such persons as it 
finds to possess the requisite qualifications, a certificate 
to that efiect, in accordance with the provisions of this 
act. All certificates issued by said board shall be signed 
by its officers ; and such certificates shall be prima facie 
evidence of the right of the holder to practise dentistry in 
Massachusetts. 

Section 2. Section six of chapter one hundred and 
thirty-seven of the acts of the year eighteen hundred and 
eighty-seven is hereby amended l)y striking out the whole 
of said section, and inserting in place thereof the follow- 
ing : — Section 6. The said board shall charge each per- 
son appearing before it for examination for a certificate of 
qualification a fee of twenty dollars, which fee shall in no 
case be returned. Any person failing to pass a satisfac- 
tory examination shall be entitled to one reexamination at 
any future meeting of the board, free of charge ; but for 
each subsequent examination a fee of five dollars shall be 
charged. Said board shall make an annual report of its 
proceedings to the governor on or ])efore the thirty-first 
day of December in each year. All fees received by the 
board under this act shall be paid by the secretary of 



Acts, 1897. — Chaps. 188, 189, 190. 1^^ 

the board into the treasury of the Commonwealth once in 
each month. 

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

Approved March 23 ^ 1897. 

An Act relative to the executive stenographer. ChciT) 1S8 

Be it enacted^ etc., as follows: 

Section 1. The governor with the advice and consent Executue ste- 
of the council may appoint a stenographer for the execu- 
tive department, who shall hold office during the pleasure 
of the governor, and who shall receive such compensation 
for his services as the governor and council shall deter- 
mine, provided that said compensation shall not exceed 
the sum of fifteen hundred dollars a year. 

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

Ap)proved March 24., 1897. 

An Act to extend the powers of the Norfolk central street (JJinr) 189 

RAILWAY COMPANY. 

Be it enacted., etc. , as folloivs : 

Section 1 . The Norfolk Central Street Eailway Com- May operate, 

. . ... 1 J 'i •*! . etc., its railway 

pany may construct, maintam and operate its railway in iu certain towns. 
the towns of Walpole, Dover and Medfield upon such 
locations as may be granted it by the selectmen of said 
towns respectively. 

Section 2. Said company may construct, maintain May hold cer. 
and operate its railway on private lands with the consent "'" "'"''*"^" 
of the owners thereof, and it may lease, purchase and 
hold lands for said purpose. 

Section 3. The provisions of this act shall become Tot>e.p"t in 

i-i^« •i-i'-i • operation williin 

void so tar as relates to tne right oi said company in any two years. 
town where no portion of the proposed road has been 
built and put in operation at the end of two years from 
the passage of this act. 

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

Approved March 24, 1897. 

An Act to extend the powers of the Chelsea young men's njinj) 190 

CHRISTIAN association. 

Be it enacted., etc., as follows: 

Section 1. The Chelsea Youno; Men's Christian Asso- Powers ex- 
ciation, a corporation chartered by cha})ter two hundred 



152 Acts, 1897. — Chaps. 191, 192. 

and twenty-four of the acts of the year eighteen hundred 
and sixty-nine, shall have all the ])Owers and privileges and 
be subject to all the duties, liabilities and restrictions of 
corporations organized under the provisions of chapter 
one hundred and fifteen of the Public Statutes and of acts 
in amendment thereof and in addition thereto. 

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

Approved March 24, 1897. 

CArt».191 -'^^ ^'^'^ '^^ AUTHORIZE THE CITY OF FALL RIVER TO INCUR IN- 
DEBTEDNESS BEYOND THE LIMIT FIXED I'.Y LAW, FX)R THE CON- 
STRUCTION OF NEW SOHOOLHOUSES. 

Be it enacted, etc., asfolloios: 

May incur In- Section 1. The citv of Fall Rivcr, for the purpose 

beyond debt of the coustruction of ucw schoolhouses in said city, ma}' 
bMdsrete! incur indebtedness beyond the limit fixed by law, to an 
amount not exceeding one hundred thousand dollars, and 
may issue bonds, notes or scrip therefor. Said bonds, 
notes or scrip shall be payable within such period, not ex- 
ceeding twenty years from the date thereof, and shall ])ear 
such rate of interest, as the city council shall determine. 
Except as herein otherwise provided the provisions of 
chapter twenty-nine of the Public Statutes and of acts in 
amendment thereof and in addition thereto shall, so far 
as applicable, apply to the inde1)tedness hereby authorized 
and to the securities issued therefor. 

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

Approved March 24, 1897. 

C'A<XT).192 ^^ Act to AUTHORIZE THE CITY OF CAMBRIDGE TO CONTRACT 
AVITH THE CAMBRIDGE HOSPITAL FOR THE CAKE OF PERSONS 
SICK WITH DANGER(^)US DISEASES. ■ 

Be it enacted, etc., as folloivs : 
May contract SECTION 1. The city of Cambridije is hereby author- 

tor tiK^ cjiro, *^ r^ •/ 

etc., (.1 pciHons ized, tlirougli its board of health, subject to the approval 
gerouVdiseaBeB. of the mayor, to contract from time to time with the 
Cambridge Hospital of said city for a term of years, for 
the reception, care and treatment of persons having a 
disease dangerous to the public health, and for the in- 
crease in the existing accommodations in said hospital 
for such cases, if necessary. 
pen«e«"' "^ *'" Skction 2. Duriiig the term of any such contract said 
city shall provide by one or more annual appropriations 



Acts, 1897. — Chaps. 193, 194. 153 

for the payment of the expenses of such care and treat- 
ment, and of such increased hospital accommodations and 
other expenses incident thereto, which appropriations 
shall be expended under the direction of the board of 
health of said city. 

Section 3. All general laws of this Commonwealth certain provi- 
relative to the treatment and disposition of persons suf- apply. 
fering from diseases dangerous to the public health shall 
apply to persons placed in the Cambridge Hospital as 
herein provided. 

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

Ai^proved March 24, 1897. 

An Act to authorize the county commissioners of the county (JJidj) 193 

OF MIDDLESEX TO CONSTRUCT ADDITIONAL BUILDINGS AT THE 
TRUANT SCHOOL AT NORTH CHELMSFORD. 

Be it enacted, etc., as follov)s : 

Section 1. The county commissioners of the county Tmant school at 

North Oheline- 

of Middlesex may expend a sum not exceeding twenty- foni. 
live thousand dollars in the construction of additional 
buildings at the truant school at North Chelmsford, for 
the use of said school, and may borrow on the credit of 
said county the whole or a part of the sum required for 
said purpose. 

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

Approved March 24, 1897. 

An Act to authorize the city of fall river to incur in- nhrfj) I94 

DEliTEDNESS I'.EYOND THE LIMIT FIXF.D BY LAW, FOR SEWERAGE 
PURPOSES. 

Be it enacted, etc., as follows : 

Section 1 . The city of Fall Eiver, for the purpose of dewJS,"' 
extending the sewer outlets at the foot of Cove street, beyond debt 
Odd street and Ferry street into Taunton river at said bond's, etc. 
city, may incur indebtedness beyond its debt limit to an 
amount not exceeding one hundred thousand dollars, and 
may issue bonds, notes or scrip therefor. Said bonds, 
notes or scrip shall be payable within such period, not 
exceeding thirty years from the date thereof, and shall 
bear such rate of interest, as the city council shall deter- 
mine. Any sum which may remain after the construction 
of the outlets as herein provided may l)e used for the ex- 



154 Acts, 1897. — Chap. 195. 

apjfiy^' *"*" ' *" tension of the sewerage system of said city. Except as 
herein otherwise ])rovided the provisions of chapter twenty- 
nine of the Public Statutes and of acts in amendment 
thereof and in addition thereto shall, so far as applicable, 
apply to the indebtedness hereby authorized and to the 

Proviso. securities issued therefor : provided, that the provisions of 

this section shall be inoperative unless on or before the 
first day of Septeml^er in the 3'ear eighteen hundred and 
ninety-seven the city of Fall River shall have adopted 
and put in operation a system of assessing sewer better- 
ments or rentals relating to existing or future sewers in 
said city, by which a regular and substantial revenue shall 
be secured to said city, either by annual rentals or by 
some other method sanctioned by law. 

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

Approved March 24, 1897. 

CJlCir>,1^!j An Act relative to the mercantile wharf corporation. 
Be it enacted, etc., as follows: 

amended!^' Section 1. Scctlou six of chapter thirteen of the acts 

of the year eighteen hundred and twenty-six, entitled, 
"An Act to incorporate the Mercantile Wharf Corpora- 
tion in the city of Boston ", is hereby amended by striking 
out in the fifth, sixth and seventh lines, the words, "But 
no one proprietor shall ever be entitled to more than 
twenty votes ", — so as to read as follows : — Section 6. 
i^g^of Merean- ^^ '* further cnactcd, that in all meetings of the members 
tile Wharf Cor- of Said corporatlou, for the transaction of business, each 

poratiOD. '■ ' 

member or proprietor shall be entitled to one vote for 

ProviBo. every share by him held in said corporation : provided, 

always, that no assessment shall be made at any meeting, 

unless the same shall be agreed to by two thirds at least, 

in number, of votes of those present or represented at 

said meeting, nor unless public notice shall have been 

given at least ten days previous to such meeting, of the 

purpose of such meeting, by publication thereof in one 

or more newspapers printed in said Boston ; proprietors 

may appear and act by proxy in writinir, at any meeting. 

feturirtotax Section 2. Thc sald Mercantile Wharf Corporation 

ooniiniHHioiKMof may, between the first and tenth days of May in each 

amount, etc., of i i . . .,. . 

certain stock, year, make a return to the tax commissioner specifying 
therein the amount and the market value of tiie stock held 
by it in the Quincy Market Cold Storage Company, a 



Acts, 1897. — Chap. 196. 155 

Massachusetts corporation, which return sliall be signed 
and sworn to by its president, treasurer and clerk ; and 
the vahie of the stock so returned, having been verified 
by the commissioner of corporations, shall be deducted 
from the valuation of the corporate franchise of said 
Mercantile Wharf Corporation as determined in the man- 
ner provided in sections thirty-nine and forty of chapter 
thirteen of the Public Statutes, for the purpose of taxation, 
in addition to the deductions provided for in section forty 
of said chapter, so far as the same are applicable to said 
Mercantile Wharf Corporation. 

Approved March 24, 1897. 

An Act kelative to the registration of physicians and (Jfiaj) 196 

SURGEONS. 

Be it enacted, etc., as follows : 

Section 1. Section four of chapter four hundred and amended ^^' 
fifty-eight of the acts of the year eighteen hundred and 
ninety-four is hereby amended by striking out in the 
second line, after the words "fee of", the word "ten", 
and by inserting in place thereof the word : — twenty, — 
so as to read as follows : — Section 4. Any person not Examination of 

^'i persons not en- 

entitled to registration as aforesaid shall, upon payment t't'ed to regis- 

triition. 

of a fee of twenty dollars, be entitled to examination, 
and if found qualified by four or more members of said 
board shall be registered as a qualified physician, and 
shall receive a certificate thereof as provided in section 
three. Any person refused registration may be reex- 
amined at any regular meeting of said board, within two 
years of the time of such refusal, without additional fee, 
and thereafter he may be examined as often as he may 
desire, upon the payment of the fee of ten dollars for each 
examination. Said board after a conviction before a proper Registration of 

, /• • 'ji /» /•• ii"i persons con- 

court, for crime m the course of professional business has victed of certain 

been shown, and after hearing, may by unanimous vote cancerieXetc? 
revoke any certificate issued by them and cancel the 
registration of the person to whom the same was issued. 
All fees received by the l)oard under this act shall l)e paid 
by the secretary thereof into the treasury of the Common- 
wealth once in each month. 

Section 2. This act shall take effect on the first day To take effect 

-. . „ , ■' August 1, 1»97. 

oi August or the current year. 

Approved March 24, 1897. 



156 



Acts, 1897. — Chap. 197. 



1894, 522, § 44, 
ainendod. 



Policy holders 
entitled to 
proHtB, etc. 



C'/?tt?9.197 -'^N ■'^CT RELATIVE TO ASSESSMENTS I'.V MUTUAL FIKE INSURANCE 

COMPANIES. 

Be it enacted, etc. , a.t follov'i^ : 

Section 1. Section forty-four of chapter five hundred 
and twenty-two of the acts of the year eighteen hundred 
and ninety-four in hereby amended by striking out in the 
nineteenth line, the words "two years", and inserting in 
phice thereof the words: — one year, — so as to read as 
follows : — Section 44. The directors of any mutual fire 
insurance company may, from time to time, by vote, fix 
and determine the amount to be paid as a dividend upon 
policies expiring during each year. In the year eighteen 
hundred and ninety-five, and at the expiration of each term 
of five years thereafter, the directors shall, subject to the 
provisions of section forty-three, apportion as an extra 
dividend, according to their best judgment, proportion- 
ately to the holders of policies which have expired during 
the preceding five year period the entire remaining net 
profits. Any such dividends remaining uncalled for on 
the thirty-first day of December in the year eighteen hun- 
dred and ninety-nine, and at the end of each five year 
period thereafter, shall l)e forfeited to the company. Each 
policy holder shall be liable to pay his proportional i)art 
of any assessments which may be laid by the company in 
accordance with law and his contract, on account of losses 
and expenses incurred while he was a member, provided 
he is notified of such assessment within one year after the 
expiration of his policy. Mutual companies which make 
not less frecjuently than annually an entire apportionment 
and division of earnings or profits shall not be subject to 
the provisions of sections forty-three and forty-four. 

Section 2. The third paragra})h of section forty-eight 
of said chapter five hundred and twenty-two is hereby 
amended by striking out in the second line, the words 
" two years ", and inserting in place thereof the words: 
— one year, — so as to read as follows : — No assessment 
shall l)(^ valid against a person who has not been duly noti- 
fied thereof within one year after the expiration or cancel- 
lation of his policy. And when an assessment is ordered 
the directors shall forthwith cause written notice and de- 
mand for payment to be made upon each person subject 
thereto, l)y mail or ])orsonal service. 

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

Approved March 24, 1S97. 



Certain com- 
panies not Buh- 
ject to seotions 
43 and 44. 



1894, .V22, §4S, 
auiended. 



Members to be 
notified of 
assessment. 



Acts, 1897. — Chaps. 198, 199, 200. 157 

An Act relative to the disposition of the proceeds of sales (JJian.VdS 

OF LOTS AND BURIAL RIGHTS IN PUBLIC CEMETERIES IN THE TOWN 
OF WINCHESTER. 

Be it enacted^ etc., as follows: 

Sectiox 1. Section four of chapter one hundred and etc^'amended. 
forty-six of the acts of the year eighteen hundred and 
eighty-nine, as- amended by chapter two hundred and sev- 
enty-two of the acts of the same year, is hereby amended 
by striking out in the seventh and eighth lines, the words, 
' ' and the said money and the accounts thereof shall be 
kept separate from the other moneys and accounts of said 
town ", — so as to read as follows ; — Section 4. The Proceeds of 

1 ,. , /• 1 J • 1 J CI • 1 • • 1 sales of burial 

proceeds oi sales oi lots or rights oi burial in said ceme- rightis,etc.,tobe 
tery or public burial grounds, and any appropriations, t'i"e'a8ury'/e*tc° 
grants, donations, gifts or bequests made thereto, and any 
and all sums of money due to and payable for account of 
said cemetery or pul)lic burial grounds, shall be paid into 
the town treasury of said AVinchester. The treasurer of 
said town shall hold said funds subject to the order of the 
selectmen and said board of commissioners, and shall in- 
vest the same or any part thereof, or pay out the same or 
any income therefrom, on the orders of the selectmen and 
said board of commissioners, or with their approval. 
Section 2. This act shall take effect upon its passage. 

Approved March 24, 1897. 

An Act authorizing special administrators, by leave of the (^Jif,}) 1 99 

PROBATE COURT, TO PAY DEBTS OF THE DECEASED. 

Be it enacted, etc., as follows : 

A special administrator may, after notice to all persons special admin- 
interested, pay from the personal estate in his hands such ITertaiu'debts."*^ 
debts due from the deceased as the probate court may ap- 
prove. Approved March 24, 1897. 



Chap.100 



An Act relative to 'relocating and widening a bridge over 

THE ACUSHNET RIVER BETWEEN THE CITY OF NEW BEDFORD AND 
THE TOWN OF FAIRHAVEN. 

Be it enacted, etc., as folloios : 

Section 1. Section one of chapter three hundred and ^^^f-^^^^g'^fie^, 
sixty-eight of the acts of the year eighteen hundred and 
ninety-three, as amended by chapters two hundred and 
thirty-nine and five hundred and thirty of the acts of the 
year eighteen hundred and ninety-four, is hereby further 



158 Acts, 1897. — Chap. 201. 

amended by striking out in tlic sixteenth line, the word 
"three ", and inserting in place thereof the word : — four, 
Relocation and — so as to read as follows I — 8ection 1. The county 
bridl'eove%iBh commissioners of the county of Bristol are hereby author- 
PoP's'iBiLnd. ized and directed to widen tlu; bridge between the city of 
New Bedford and the town of Fairhaven, which leads over 
the islands known as Fish island and Pope's island, or to 
make such changes in the location of the present bridge 
and the approaches and any way leading thereto, or any 
part thereof, as in the judgment of said commissioners the 
public necessity and convenience may require. In any 
such widening or new location so made, the said commis- 
sioners may reconstruct the present bridge and approaches 
or way, or may construct a new bridge and approaches and* 
way, with a width, in either case, not exceeding one hun- 
dred feet ; the expense of constructing said bridge, outside 
of the approaches and way thereto on the New Bedford 
side, shall not exceed four hundred and tifty thousand 
dollars, exclusive of land damages occasioned by the loca- 
ProviBOB. tjon and construction thereof: ^^'^'ovided, that any change 

in the location of said bridge, its approaches and way, 
shall not be located farther north than the north line of 
North street, nor farther south than the south line of Mid- 
dle street, in said New Bedford, nor more than one thou- 
sand feet north or south of the location of the present 
bridge in said Fairhaven ; and provided, farther, that said 
county commissioners shall have the right to retain, or to 
remove, any portion of the present bridge structure within 
tide water, not needed to be retained in the new construc- 
tion, but the expense of such removal shall be included in 
the expenses of constructing the work authorized hereunder. 
Section 2. This act shall take effect upon its passage. 

Approved 3Iarch 25, 1S97. 

(JhG,p.'2iO\ An Act to authorize the city of lawrence to refund a 

PORTION OF CERTAIN MONEYS PAID FOR A LIQUOR LICENSE. 

Be it enacted, etc., asfolloivs: 
To refund cer- Section 1 . The citv of Lawi'ence is hereby authorized 

tain sum to /.i tiii t-»ii • /»i • ^ t 

Ellen Buckley, to rcfund to KUcn Bucklcy a portion ot the sum paid by 

Jeremiah F. Buckley in the year eighteen hundred and 

ninety-four for a liijuor license, the part so refunded to 

be in proportion to the unexpired period of the license. 

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

Approved March 25, 1897. 



Acts, 1897. — Chaps. 202, 203. 159 

An Act kelative to the taking of lands for the city of (JJian.202i 

BOSTON. 

Be it enacted^ etc., as follows: 

Section 1. The school committee of the city of Bos- selection of 
ton before selecting a site for a public school shall give puwic school. 
notice by advertisement In at least three daily newspapers 
published in said city, that sealed proposals to sell to the 
city land tor such site within or near the school district 
designated in the notice will be received at the office of 
the secretary of the committee until twelve o'clock, noon, 
on the fourteenth day after the date of such notice, and 
will then be i)ublicly opened and read, and that a public 
hearing will be given by the whole school committee or a 
sub-committee thereof, at a place and time designated in 
the notice, which time shall be not less than three weeks 
subsequent to the date of such notice, at which such pro- 
posals and the suitableness of the lands offered will be 
considered, and after such hearing the school committee 
may select and designate such lands for such site as they 
shall deem best adapted therefor, and as the mayor shall 
approve. 

Section 2. No agreement as to damages sustained I'^'mages. 
by any person in his propert}^ by the taking by the city, 
or by the board of street commissioners, or by any other 
board or department, of land for said city, shall be deemed 
to have been made or executed unless it is in writing and 
has the approval of the mayor affixed thereto. 

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

Approved March 25, 1897. 

An Act to authorize the city of boston to pay a sum of (^Jfftj^ 208 

MONEY TO THE WIDOW OF JOHN LEAHY LATE AN OFFICER IN * 
attendance upon THE SUPERIOR COURT FOR THE COUNTY OF 
SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The board of aldermen of the city of Bos- widow of John 
ton, acting as county commissioners, are authorized to pay 
to the widow of John Leahy late an officer in attendance 
upon the superior court within and for the county of Suf- 
folk, the balance of the salary to which he would have 
been entitled had he lived and continued to l)e such officer 
during the whole of the year eighteen hundred and ninety- 



Leahy. 



IGO Acts, 1897. — Chaps. 204, 205. 

six ; but no part thereof shall be paid by the Comuion- 
wealth. 

Section 2. This act shall take effect iii)on its passage. 

Approved March 23 ^ 1897. 

Chcip.204: -^ -^^"^ '^^ ESTABLISU A MILITAliY MUSEUM. 

Be it enacted, etc., as follows : 

museim.tobe Section 1. Thc statc house commission is hereby 
established, etc. authoHzed and instructed to esta1)lish and maintain a 
museum for the preservation and exhibition of objects 
connected with the military history of the United States, 
and more particularly with the military history of IS'ew 
England ; and the regimental flags and other military 
relics already in the possession of the Conmionwealth shall 
constitute a })art of the objects to be preserved in said 
museum. A sum not exceeding fifteen hundred dollars 
may annually be expended by said commission for the 
purpose of carrying out the provisions of this act. Suit- 
able rooms in the state house and proper cases and other 
furnishings and equipments for said museum shall be pro- 
vided by the sergeant-at-arms. 

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

Approved March 27, 1897. 

Oil at) ^^05 ^^ ^'^^ ^^ PROVIDE FOB THE COMPLETION OF THE MEDFIELD 

INSANE ASYLUM. 

Be it enacted, etc., as follows: 
Medfieid Insane SECTION 1. To providc for the completion of the Med- 

Asvliim Loan. . l _ i . i i i 

field insane asylum, authorized by chapter four hundred 
and twenty-five of the acts of the year eighteen hundred 
and ninety-two, or by any acts supplementary thereto, the 
treasurer and receiver general is hereby authorized, with 
the approval of the governor and council, to issue scrip or 
certificates of indel)tedness to an amount not exceeding 
twenty-five thousand dollars, for a term not exceeding 
thirty years, the same to be in addition to any amount 
previously authorized. Said scrip or certificates of in- 
debtedness shall be issued as registered lionds or with 
interest coupons attached, and shall bear interest not ex- 
ceeding four per cent, per annum, payable semi-annually 
on the first days of April and October of each year. Said 
scrip or certificates of indebtedness shall be designated on 
the face thereof, Medficld Insane Asylum Loan, shall be 



Asylum Loan. 



Acts, 1897. — Chap. 206. 161 

countersigned ])y the governor and shall be deemed a Medfiew insane 
pledge of the faith and credit of the Counuonwealth, and *^ ^"^ 
the principal and interest shall be paid at the time specified 
therein, in gold coin of the United States or its equivalent ; 
and said scrip or certificates of indebtedness shall be 
sold and disposed of at public auction, or in such other 
mode and at such times and prices and in such amounts 
and at such rates of interest, not exceeding the amount 
above-specified, as shall be deemed for the best interests 
of the Commonwealth. The treasurer and receiver general 
shall, upon issuing any of said scrip or certificates of in- 
debtedness, pay into the sinking fund already established 
any premiums received from the sale of said bonds, and 
he shall in addition apportion thereto from year to year 
amounts sufficient with their accumulations to extinguish 
at maturitv the debt incurred bv the issue of said bonds. 
The amount necessary to meet the annual sinking fund 
requirements and to pay the interest on said bonds shall 
be raised by taxation from year to year. 

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

Approved March 27, 1897. 



Chap.206 



An Act relative to the release of prisoners from the state 

PRISON ON parole. 

Be it enacted, etc., as folloivs : 

Section 1. Section one of chapter four hundred and amendtd^^' 
forty of the acts of the year eighteen hundred and ninety- 
four, as amended by chapter two hundred and fifty-two 
of the acts of the year eighteen hundred and ninety-five, 
is hereby amended l)y inserting in the third line, after the 
word ' ' may ", the words : — by the unanimous vote of 
all the members of the board, — and by striking out in 
the thirteenth line, the words "nor without the approval 
of the governor and council ", — so as to read as follows : 
— /Section 1. AVhen it shall appear to the commissioners Permits may 
of prisons that any prisoner held in the state prison upon eTto be at"^°°' 
his first sentence thereto has reformed, they may, by the cage's? '° *'^'^*^'° 
unanimous vote of all the members of the board, issue to 
him a permit to be at liberty during the remainder of his 
term of sentence, upon such terms and conditions as they 
deem best, and they may revoke said permit at any time 
previous to its expiration. No such permit shall be granted 
as aforesaid until at least two thirds of the term of his 



162 Acts, 1897. — Chaps. 207, 208. 

sentence has expired, deducting from the. court sentence 
the time to which he may l)e entitled under the provisions 
of section twenty of chapter two hundred and twenty-two 
of the Public Statutes and acts in amendment thereof; nor 
unless the prisoner has an assurance, satisfactory to said 
commissioners, that he will have employment as soon as 
he is discharged, or is otherwise so provided for that he 
will not become dependent upon public or private charity. 
Violation of Xhc violation by the holder of a permit granted as afore- 
make permit Said, of any of its tcrms or conditions, or the violation 
of any law of this Commonwealth, shall of itself make 
void said permit. 

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

Approved March 27, 1897. 

Ch(ip.207 An Act to prevent the sale of intoxicating liquors in the 

PUBLIC PARKS, PLEASURE GROUNDS AND RESERVATIONS WITHIN 
THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

^^^^°*i-!?!;°/i'i. Section 1. No licenses for the sale of spirituous or 
public parks, intoxicatiug liquors shall be granted to bo exercised m 

Gtc DrohibitGU . 

any public park, pleasure grounds or reservation within 
this Commonwealth. 
Penalties. SECTION 2. Any pcrsoii who violates any of the pro- 

visions of this act shall be liable to the penalties provided 
in chapter one hundred of the Public Statutes and in acts 
in amendment thereof. 

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

Approved March 27, 1897. 



CJiap.2iOS An Act to provide for the stocking of the great ponds of 

THE state with FOOD FISH. 

Be it enacted, etc., as follows: 

watcrs^of cer.^ SECTION 1. The commissioncrs of inland fisheries and 

Btoeked with game, upou pctitiou of thirty or more inhabitants of a city 

food fish. ^^ town within whose limits a great pond or portion thereof 

is situated, or upon petition of the mayor and aldermen 

of such city or of the selectmen of such town, shall cause 

the waters of such pond to be stocked with such food fish, 

if any, as they may judge to be best suited to the waters 

in which the fish are to l)e placed. 

FiBhinatobc Section 2. Said commissioners shall thereupon pre- 

scribe, for a period not exceeding three years, such reason- 



Acts, 1897. — Chaps. 209, 210. 163 

able regulations relative to the fishing in such pond or 
ponds and their tributaries, with such penalties, not ex- 
ceeding twenty dollars for any one oflence, as they may 
deem for the best interests of the public, and shall cause 
such regulations to be enforced. 

Section 3. There shall be allowed and paid annually certain sum to 
from the treasury of the Commonwealth a sum not exceed- t^i^eisTuy ™'" 
ing five hundred dollars to carry out the provisions of this 
act. 

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

Approved March 29, 1897. 



Chap.2m 



An Act relative to appointments in the somerville fire 

department. 

Be it enacted, etc., as foHoivs : 

Section 1. All members of the Somerville fire de- certain can 
partment, known as call members, who were appointed pia™edTpon'*^ 
before the enactment of chapter three hundred and twenty '^^i^ibie iist, etc. 
of the acts of the year eighteen hundred and eighty-four, 
and who have continued three or more years in said ser- 
vice, shall, upon application to the civil service commis- 
sioners, be placed upon the eligible list for appointment 
as permanent men, without any further examination. 

Section 2. The mayor may at his discretion appoint Appointments 

•^'^ i^ion permanent 

such men on the permanent force at the same salary as a force. 
permanent man who has continued three or more years in 
said service. 

Section 3. This act shall take effect upon its accept- ^ect°*°**''^ 
ance by the city government of the city of Somerville. 

Approved March 29, 1897. 



An Act to establish uniformity in the time and place of /^/^^Olf) 

REGISTRATION OF VOTERS. -^ * 

Be it enacted, etc., as follows: 

Section 1. In fixing the time and place for the regis- Registration of 
tration of voters in cities and towns no distinction shall be ^° ^'^^' 
made between male and female applicants for registration. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. Approved March 29, 1897. 



164 Acts, 1897. — Chaps. 211, 212. 



0^a».211 -^^ -^^^ '^^ AUTHOUIZE THE CITY OF TAUNTON TO ISSUE ADDI- 
TIONAL -NVATEK BONDS. 

Be it enacted^ etc., as follows: 

Loan!°° ^''^^'^ Section 1. The city of Taunton, for the purposes men- 
tioned in section five of chapter two hundred and seventeen 
of the acts of the year eighteen hundred and seventy-five 
and acts in addition thereto, may issue from time to time 
notes, bonds, scrip or certificates of debt, to be denomi- 
nated on the face thereof, Taunton Water Loan, to an 
amount not exceeding one hundred thousand dollars in 
addition to the amounts heretofore authorized by law to 
be issued by the city of Taunton for the same purposes. 
Said notes, bonds, scrip or certificates of debt shall be 
issued upon the same terms and conditions and with the 
same powers as are provided in said act or acts for the 
issue of the Taunton water loan by the city of Taunton : 

Proviso. provided, that the whole amount of such notes, bonds, 

scrip or certificates of debt issued by said city for the 
same purposes shall not exceed twelve hundred and fifty 
thousand dollars. 

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

Approved March 29, 1897. 



Cha7).212 "^ -^^^ '^'^ AUTHORIZE THE CITY OF MEDFORU TO ISSUE BONDS 
FOR THE PURPOSE OF FUNDING ITS FLOATING AND UNFUNDED 
DEBT 

Be it enacted, etc., as follows : 

City of Medford Section 1. The city of Mcdford, for the purpose of 
unicipa oan. ^^j^-^^jj^g j^g prescut floating and unfunded debt, is hereby 
authorized to borrow money from time to time to an 
amount not exceeding three hundred thousand dollars, 
and may from time to time, in accordance with votes 
passed in the manner provided ])y section seven of chap- 
ter twenty-nine of the Public Statutes, issue and sell 
bonds or scrip therefor, signed by its mayor and treasurer 
and countersigned hy its auditor, payable in periods not 
exceeding twenty years from the time of their issue, and 
bearing interest at a rate not exceeding four per cent. 
per annum, payable semi-annually. Said bonds or scrip 
shall be denominated on their face, City of Medford 

Sinking fund. Municipal Loan. Said city shall establish a sinking fund 



Acts, 1897. — Chap. 213. 165 

as provided in section nine of said chapter twenty-nine 
suflicient with its accumulations for the payment at their 
maturity of the debt, bonds and scrip hereby authorized ; 
and the premiums, if any, received on the sale thereof 
shall be paid over to the board of sinking fund commis- 
sioners and placed in the sinking fund of said city created 
for the payment of the loan herel)y authorized. 

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

Approved Marcli 29, 1897. 



Chap2Vd 



An Act to authorize street railway companies to make 
certain contracts and leases. 

Be it enacted, etc. , as follows : 

Section 1. Two street railway companies incorpo- street railway 
rated under the laws of this Commonwealth, whose rail- coHtmct'for"^^ 
ways connect with or intersect each other or together oTeTcoMectrng 
form a continuous line, may contract that either company railways, etc. 
shall perforin all the transportation upon and over the 
railway of the other ; and any such company may lease its 
railway, franchise and property to any other such com- 
pany : provided, that no such contract or lease shall be Provisos. 
valid or binding until the terms thereof have been agreed 
to by a majority of the directors and approved at meet- 
ings called for the purpose by the vote of a majority in 
interest of the stockholders of each of said companies, 
and have also been approved as lawful and consistent 
with the public interest by the board of railroad com- 
missioners in the manner provided by law : provided, cdso^ 
that the facilities for travel on either of the railways of 
the said companies shall not be diminished, or the rates 
of fare increased ; and the income arising from such con- 
tracts or leases shall be subject to the provisions of law 
as regards the right to reduce their fares, in the same 
manner as that arising from the use of the railways. 

Section 2. The railways of two street railway com- certain raii- 
panies shall be deemed to connect wnth or intersect each deemed to^nter. 
other or to form a continuous line, within the meaning of sect each other. 
the preceding section, if one of such railways connects 
with or intersects or forms a continuous line with a rail- 
way leased to the other, or operated by it under a contract 
as authorized by said section. 

Section 3. No street railwav company shall lease or Limit of time 

, , /. ,1 ,. /. .," •^ I' •-If for which con- 

contract tor the operation ot its railway tor a period ot tract, etc., may 

be made. 



160 



Acts, 1897. — Chap. 214. 



more than ninety-nine years without the consent of the 
general court. 
Powers, duticB, Sectiox 4. A strcct railway couipany wMch coutracts 
oTcertiln's'trcet for thc Operation or takes a lease of another railway as 
railways. aforcsaid, shall, in accordance with the terms of such 

contract or lease, have and enjoy the powers and privi- 
leges, and shall be subject to the duties, liabilities and 
restrictions of the company owning the same ; but no 
right to carry on an express business or to be common 
carriers of goods and merchandise shall be allowed over 
any location where it has not already been granted. 

Section 5. This act shall take effect upon its passage. 

Approved March 29, 1897. 



(lJiar),214: -^^ ■^^'^ '^'^ AUTHORIZE 
A-wxrrTAT opTARnp'S rut 



May establish 
charges for use 
of system of 
sewage dis- 
posal, etc. 



To constitiite 
a lien upon real 
estate, etc. 



May charge fees 
for certain privi- 
leges. 



THE TOWN OF FRAMINGHAM TO COLLECT 
ANNUAL CHARGES OR RENTS FOR THE USE OF ITS SYSTEM OF 
SEAVAGE DISPOSAL AND SEAVERS CONNECTED THEREWITH. 



Be it enacted, etc., as follows : 

Section 1. The town of Framingham, by its sewer 
committee, or by its board of sewer commissioners if it 
shall hereafter elect such board, or by other officers or 
agents, may establish just and equitable annual charges 
or rents for the use of its system of sewage disposal con- 
structed and maintained under chapter four hundred and 
three of the acts of the year eighteen hundred and eighty- 
seven, and sewers connected therewith, to be paid by every 
person, corporation and estate now or hereafter using said 
system or said sewers, and may change the same from 
time to time. Such charges shall constitute a lien upon 
the real estate using said system or said sewers, to be 
collected in the same manner as taxes, or in an action 
of contract in the name of the town. Such charges shall 
not exceed in the aggregate in each year the cost of main- 
taining and operating said system and said sewers, and may 
be such part thereof, not less than one half, as the town 
may vote. 

Section 2. Nothing in this act shall prevent the said 
town from charging and collecting, in addition to the 
annual charges or rents provided for in section one, 
fees for the privilege of entering said system of sewage 
disposal or sewers connected therewith, from persons, 
corporations and estates hereafter entering the same. 



Acts, 1897. — Chaps. 215, 216. 167 

Section 3. This act shall take effect upon its passage, ^^«° *° *=*'''' 
but no annual charges or rents shall be collected as pro- 
vided in section one until after the said town shall have 
voted at a meeting duly called for such purpose to accept 
the provisions hereof. Approved March 29, 1897. 



An Act to extend the time for the construction of the 
railroad of the plymouth county railroad company. 



Chap.2lb 



Be it enacted, etc., as follows: 

Section 1 . Section eight of chapter one hundred and i^^^, isi § s, 

r, n n 1 /'i •! 1111 amended. 

fifty-one oi the acts oi the year eighteen hundred and 
ninety-two is hereby amended by striking out in the third 
line, the word "five", and inserting in place thereof the 
word : —seven, — so as to read as follows : — Section 8. Time extended. 
The Plj^mouth County Railroad Company shall locate its 
road within three years, and the same shall be constructed 
within seven years from the date of the passage of this act. 
Section 2. This act shall take effect upon its passage. 

Approved March 31, 1S97. 



An Act making appropriations for salaries and expenses 
of the harbor and land commissioners. 



Chap.216 



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-seven, to wit : — 

For the salaries of the harbor and land commissioners, Harborandiand 

• ,i- 1 1 Tin commisBioners. 

Sixty- tour hundred dollars. 

For compensation and expenses of the engineer and for clerical assist- 
clerical and other assistance authorized by the harbor and '*"'^^' 
land commissioners, a sum not exceeding six thousand 
dollars. 

For travelling and other necessary expenses of the Travelling ex- 
harbor and land commissioners, a sum not exceeding six p*^"^®^- ®'°- 
hundred dollars. 

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



168 



Acts, 1897. — Chap. 217. 



Barre Street 
Railway Com- 
pany iucorpo- 
rated. 



May construct, 
etc., Its railway 
in Barre. 



Province lands. -p^y expeiises ill coniiection with the care and supervi- 
sion of the province lands in the town of Provincetown, 
to l)e expended under the direction of the harbor and hind 
commissioners, a sum not exceeding thirty-five liundred 
dollars. 

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

Approved April i, 1897. 

Chap.217 An Act to incorporate the barke street railway company. 
Be it enacted, etc., as folloim : 

Section 1. George W. Cook, Charles H. Follansby, 
Charles E. Rogers, Harding Jenkins, George A. Brown, 
Frank A. Rich, Alexander G. Williams, John C. Bar-- 
tholomew, George P. King and Charles F. Atwood, their 
associates and successors, are hereby made a corporation 
under the name of the Barre 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- 
tain and operate its railway, with a single or double track, 
in such manner as may be convenient and necessary, in 
part upon private land, and upon streets, highways or 
state roads, in the town of Barre, subject to the approval 
and under the control of the selectmen of said town, 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 located upon a state highway. 
The location of said railway outside the public streets and 
highways shall not exceed fifty feet in width, with con- 
venient turn-outs and switches. 

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 for the purposes of said railway, and, with the con- 
sent of the board of selectmen, may erect such poles and 
wires in the streets and highwa3^s as may be necessary to 
establish and maintain such motive power. It may acquire 
by purchase or by lease all necessary real estate and water 
power for its power stations and other uses incident to the 
proper maintenance of its railway. 
Proceedings for Section 4. The procccdiugs for the fixing of the route 
taking priv.^te and locatiou of said railway for all the route outside of 

property, etc. 



Location. 



Motive power, 
etc. 



May acquire 
necessary real 
estate, etc. 



Acts, 1897. — Chap. 217. 169 

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 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 route 
of said railway therein, which is in part located upon 
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 recorded in the registry of deeds of the 
Worcester district within thirty days after the date of 
said certificate, it shall be deemed the true location of 
the tracks of the company and a taking of the private 
lands therein indicated. 

Section 5. The capital f3tock of said company shall ^'apuai stock. 
not exceed fifty thousand dollars, except that said com- 
pany may increase its capital stock, sul)ject to the provi- 
sions of the general laws relative thereto. 

Section 6. Said company, in order to meet the ex- May issue mort- 
penses incurred under this act, may from time to time by ^^^^ ^o"ds, etc. 
vote of the majority in interest of its stockholders issue i 

coupon or registered bonds. All l)onds 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. Said bonds shall be 
secured by a mortgage of the franchise and property of 
the company, subject to the general laws relative thereto ; 
and in such mortgage the company 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 unsuitable for use, provided an equivalent in 
value is substituted therefor. 

Section 7. Said company is hereby authorized to use May cany on 
its tracks to carry on the express business and to be a butufe^s^e^. 
common carrier of goods, merchandise and mails, and may 
use said tracks for the transportation of passengers and 
freight upon and over any street or highway, or over any 
private land upon which it may be authorized to construct 
its tracks as aforesaid, subject to the provisions of chap- 
ter seventy-three of the Public Statutes and all laws relat- 



170 



Acts, 1897. — Chap. 218. 



mg 



Issue of stock 
or bonds to be 
approved by 
railroiid coiii- 
missiouers, etc. 



May equip its 
plant for electric 
ligliting, etc. 



Railway to be 
in operation 
within three 
years, etc. 



to common carriers and express companies, and 
subject also to such rules and regulations as may be made 
from time to time by the selectmen of the town of Barre. 

Section 8. No stock or bonds shall l)e issued under 
this act until the terms of such issue have been submitted 
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 9. Said company may equip its plant for 
electric lighting, and may establish poles on private land 
and in public ways in the same manner and under the 
same restrictions as set forth in section two of this act, and 
may engage in the business of the sale of electric light 
and power, subject to the general laws relative thereto, and 
under the direction and approval of the board of gas and 
electric light commissioners. 

Section 10. The authority herein granted shall cease 
provided no portion of the proposed road has been built 
and put in operation at the end of three years from the 
passage of this act. 

Section 11. This act shall take effect upon its passage. 

Approved April 1, 1897. 



Chap 



Special loans 
ratilied, etc. 



Chelsea Public 

Improvement 

Loan. 



21S An Act to authorize the city of chelsea to incur indebted- 
ness BEYOND THE LIMIT FIXED BY LAW, FOR REFUNDING SPECIAL 
LOANS AND FOR OTHER PURPOSES. 

Be it enacted, etc., asfolloios: 

Section 1. The indebtedness of the city of Chelsea 
in loans known as ' ' Special Loans " is hereby ratified, 
legalized and confirmed. All of said indebtedness for the 
payment of which said city has already established a 
sinking fund shall be paid at its maturity. All of said 
indebtedness for the payment of which said city has not 
established a sinking fund may be consolidated into a new 
loan or loans, to be paid not later than the thirty-first day 
of December in the year nineteen hundred and eleven, 
and sinking funds shall at once be established sufficient to 
provide for said payment by said date. 

Section 2. In addition to the foregoing loans the city 
shall have authority to borrow the sum of one hundred 
and ten thousand dollars, for the following purposes, to 
wit : — Fifty thousand dollars for purchasing land and 



Acts, 1897. — Chap. 219. 171 

erecting thereon and furnishing a new police station ; forty 
thousand dollars for purchasing land and erecting thereon 
and furnishing a school building ; ten thousand dollars for 
connecting sewers with the metropolitan system of sewers ; 
ten thousand dollars for permanent improvements in high- 
w^ays. Said city may from time to time issue bonds, 
notes or scrip to the amount above-specified, to be denom- 
inated on the face thereof, Chelsea Public Improvement 
Loan ; and may make said bonds, notes or scrip so issued 
as aforesaid, with renewals of the same, if any, payable 
upon any date not later than the thirty-first day of De- 
cember in the year nineteen hundred and twenty-seven ; 
and shall at the time of said issue establish a sinking fund sinking fund. 
and contribute thereto from year to year an amount, raised 
annually by taxation, sufficient with its accumulation to 
pay said bonds, notes or scrip so issued as aforesaid, on 
said thirty-first day of December in the year nineteen 
hundred and twenty-seven. Any premiums received from 
sales of said bonds, notes or scrip shall be paid into the 
sinking fund to be established for the purpose of extin- 
guishing the debt hereby created, at maturity. 

Section 3. The authority heretofore conferred on said A"^^°"'^yA°. 

-^ , r» 1 1 incur indebted- 

city to borrow for park purposes is hereby confirmed, but ness for park 
in lieu of the requirements of the act conferring said til^^e°d7etc?" 
authority and requiring specific contributions to sinking 
funds, such amounts only as the sinking fund commis- 
sioners shall certify to the city government shall be 
assessed upon the taxpayers for that purpose. 

Section 4. The amount of the present indebtedness Limit of indeu- 
of said city, with the additional loan provided for in this ®^'^®^*' 
act, shall be and constitute the limit of indebtedness which 
said city is by law authorized to incur. 

Section 5. Section three of chapter two hundred and Repeal- 
forty-eight of the acts of the year eighteen hundred and 
ninetv-one is herebv repealed. 

Section 6. This act shall take efiect upon its passage. 

Approved Ajiril i, 1897. 

An Act for the further protection of public health in (7/^(^rj.219 

THE CITY OF BOSTON. 

Be it enacted^ etc., as follows : 

Section 1. Whenever the board of health of the city Board of health 
of Boston shall be of opinion that any building or any tam buildings to 
part thereof in said city is infected with contagious disease, ^® ^'*eated, etc. 



172 



Acts, 1897. — Chap. 219. 



may cause cer 
tain buildings 
to be vacated, 
etc. 



Board of health or bv Teasoii of Want of repair has become daiiijerous to 
life, or IS unfit for human habitation because oi defects in 
(h'ainage, phimbing, ventihition, or in the construction of 
the same, or because of the existence of a nuisance on the 
premises which is likely to cause sickness among its occu- 
pants, said board may issue an order requiring all ])ersons 
therein to vacate such building or part thereof stated in the 
order, for reasons to ])e stated therein as aforesaid. Said 
board shall cause said order to be affixed conspicuously to 
the building or part thereof, and to be personally served 
on the owner, lessee, agent, occupant or any person hav- 
ing the charge or care thereof; if the owner, lessee or 
agent cannot be found in the said city, or does not reside 
therein, or evades or resists service, then said order may 
be served by depositing a copy thereof in the postoffice of 
said city, postpaid and properly inclosed and addressed to 
such owner, lessee or agent at his last known place of 
business or residence. Such buikling or part thereof shall 
be vacated withiu ten days after said order shall have been 
posted and mailed as aforesaid, or within such shorter 
time, not less than forty-eight hours, as in said order may 
be specified ; but whenever said board shall become satis- 
fied that the danger from said building or part thereof has 
ceased to exist, or that said building has been repaired so 
as to be habitable, it may revoke said order. \Vhenever 
in the opinion of the board of health any building or part 
thereof in said city which has been ordered by said board 
to be vacated is because of age, infection with contagious 
disease, defects in drainage, plumbing or ventilation, or 
because of the existence of a nuisance on the premises 
which is likely to cause sickness among its occupants, or 
among the occupants of other property in said city, or 
because it makes other buildings in said vicinitv unfit for 
human habitation or dangerous or injurious to health, or 
because it prevents proper measures from being carried 
into effect for remedying any nuisance injurious to health, 
or other sanitary evils in respect of such other Imild- 
ings, so unfit for human habitation that the evils in or 
caused by said building cannot be remedied by repairs or 
in any other way except by the destruction of said build- 
ing or of any portion of the same, said board of health 
may order the same or any part thereof to be removed. 

Section 2. The city of Boston shall pay the damages 
sustained by the owner of the building by the destruction 



Certain build- 
ings may be 
removed. 



Damiges. 



Acts, 1897. — Chaps. 220, 221, 222. 173 

of the same, or part thereof, as determined on agreement 
between said board of health and said owner, and if they 
cannot agree the same shall be determined by a jury of 
the superior court for the county of Suffolk, on petition 
of said owner or board within one year after said destruc- 
tion, in the same manner as damages are determined for 
the taking of land in laying out streets and highways in the 
city of Boston. 

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

Approved April 1, 1897. 



CAap.220 



An Act to authorize the appointment of an assistant clerk 

OF courts for the county of HAMPDEN. 

Be it enacted, etc., as follows: 

Section 1. The iustices of the supreme judicial court, Assistant cierk 

n 1 • . 1 1 • ''^ courts may 

or a majority of them, may appoint an assistant clerk ot be appointed'. 
courts for the county of Hampden, who may be a woman, 
who shall be subject to the provisions of law applicable 
to assistant clerks of courts and who shall receive an 
annual salary of thirteen hundred dollars, to be paid by 
said county. 

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

Approved April 1, 1897. 

An Act to authorize the city of boston to establish public nhrtr) 921 

GYMNASIA. "' 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may establish public Pubuc gym. 
gymnasia, not exceeding one to each ward of the city, estawShed!'^ 
and may accept donations of lands or buildings fitted with 
gymnastic apparatus. 

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

Approved April 1, 1897. 



Chap.222 



An Act to authorize the foxborough water supply district 
TO increase its indebtedness. 

Be it enacted, etc. , as folloivs : 

Section 1. The Foxborough Water Supply District Foxborough 

o lit/ Water Loan. 

is hereby authorized to increase the amount of its bonds, 
notes or scrip, from eighty-five thousand dollars to one 
hundred thousand dollars. The bonds, notes or scrip 
hereby authorized to be issued for said additional sum of 



174 Acts, 1897. — Chaps. 223, 221. 

fifteen thousand dollars shall be issued from time to time, 
signed by the clerk and countersigned by the water com- 
missioners, shall be denominated on the face thereof, Fox- 
borough Water Loan, and shall be made payable at periods 
not exceeding thirty years from the date of issue, with 
interest payable annually at a rate not exceeding six per 
cent, per annum. 

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

Approved April 1, 1897. 

ChClV.^^iS ^^ '^'^'^ "^^ REVOKE THE AUTHORITY OF THE STATE HOUSE CON- 
STRUCTION COMMISSIONERS TO SELL AT PUBLIC AUCTION CERTAIN 
BUILDINGS. 

Be it enacted, etc., as follows: 

Mons'of^aw'' ^o uiuch of chapter one hundred and twenty-nine of 
repealed. the acts of the year eighteen hundred and ninety-three as 

authorizes the state house construction commissioners 
to sell at public auction any or all buildings taken by said 
commissioners under the provisions of chapter four hun- 
dred and four of the acts of the year eighteen hundred 
and ninety-two is hereby repealed. 

Approved April 1, 1897. 



COUNTY COMMISSIONERS 
FROM OFFICE IN CERTAIN CASES. 



(7^a0.221 "^^ ^^"^ ^^ PROVIDE FOR THE REMOVAL OF 

FROM OFFICE tm r^TrKTiivr 

Be it enacted, etc., as follows: 

p. 8. 150, §4, Section 1. Section four of chapter one hundred and 

fifty of the Public Statutes is hereby amended by inserting 

in the fifth line, after the word "insolvency", the words: 

— county commissioner, — so as to read as follows: — 

Majority of Section 4. A majority of the justices may remove from 

Jemifve%™min officc the clcrks of the courts or of their own court, when 

o&cers. j^ their judgment the public good requires such removal ; 

and on bill, petition, or other process, may remove any 

clerk of the superior court, or of a police, district, or 

municipal court, any commissioner of insolvency, county 

commissioner, sheriff, register of probate and insolvency, 

or district attorne}', if suflScient cause is shown therefor, 

and it appears that the public good requires it ; and a 

summary hearing may be had upon such bill, petition, or 

other process, in term time or vacation. 

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

Approved April 1, 1897. 



Acts, 1897. — Chap. 225. 175 



An Act relative to the payment of indebtedness incurred by rij^f.^ 99^; 

THE CITY OF QUINCY IN CONSTRUCTING A SYSTEM OF SEWERAGE. ^ "^^ 

Be it enacted^ etc. , as follows : 

Section 1. Section thirteen of chapter two hundred ^^°j,^^^'§ ^^> 
and seventy-nine of the acts of the year eighteen hundred 
and ninety-iive is hereby amended by striking out the 
word "proportionate", in the seventeenth and eighteenth 
lines, and by striking out the same word in the thirt^^-tifth 
line, so as to read as follows : — Section 13. The receipts raymentof 
from annual rates, assessments, and payments made in lieu age Loan. 
thereof, under this act shall, after deducting all charges 
and expenses for and incident to the maintenance and 
operation of said system or systems, be applied first to 
the payment of the interest upon said bonds, notes or 
scrip issued under the authority of this act, and the balance 
shall be set apart to meet the requirements of the sinking 
fund for the payment and redemption of said bonds, notes 
or scrip, as provided in section nine of chapter twenty-nine 
of the Public Statutes, or shall be applied by said city of 
Quincy to extinguish said debt if said sinking fund is not 
established. If the surplus net income from said rates, 
assessments, and pa,yments made in lieu thereof, shall in 
any year be insufficient to pay the interest on said bonds, 
notes or scrip, and to meet the requirements of law either 
as to said sinking fund, as hereinbefore provided, or as to 
the annual payments hereinafter provided for, then in such 
case said city of Quincy, to meet said deficiency, shall 
raise forthwith by taxation, in the same manner as money 
is appropriated and assessed for other city purposes, such 
sum as will together with said net income be sufficient to 
meet said requirements of law. Said sinking fund shall 
be used for no other purposes than the payment and 
redemption of said debt. Except as herein otherwise certain pro. 
provided the provisions of chapter twenty-nine of the tolpply/JuT 
Public Statutes and of chapter one hundred and twenty- 
nine of the acts of the year eighteen hundred and eighty- 
four shall, so far as applicable, appl}^ to the issue of such 
l)onds, notes or scrip, and to the establishment of a sinking 
fund for the payment thereof at maturity. If in any year 
said surplus net income shall be in excess of the sum 
necessary to pay said interest and to meet the require- 
ments of the sinking fund for said year, or of the annual 
payments hereinafter provided for, the surplus, together 



17G Acts, 1897. — Chap. 226. 

with auy other amounts appropriated from time to time by 
said city ofQuincy for the payment of said principal sum, 
shall be added to said sinking fund or be applied to the 
reduction of the principal of said debt, either by purchase 
and retirement of a portion of said outstanding indebted- 
ness or by the payment of the same at maturity. All 
bonds, notes or scrip of said city of Quincy purchased 
for redemption or retirement under this act shall be can- 
celled. The sinking funds of any loan of said citv of 
Quincy may be invested in said bonds, notes or scrip, 
amendld.^"' SECTION 2. Sectiou fourteen of said chapter two hun- 
dred and seventy-nine is hereby amended l)y striking out 
the whole of said section and inserting in place thereof 
fnSi^?-" ^°'' the following : — Section 14. The said city, instead of 
meats ou loan, establishing a sinking fund, may at the time or times 
of incurring indebtedness under this act, provide for the 
payment thereof in such annual payments as will in the 
aggregate extinguish the same within the time prescril^ed 
in this act. 

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

Approved April 1, 1897. 

Cll(ip.'2i2tQ An Act to incorporate the town of westwood. 

Be it enacted^ etc., as folloivs : 

woodinco^o!*" Section 1. All the territory now within the town of 
rated. Dcdham which lies southwesterly of the following described 

line, that is to say : — Beginning at the Neponset river at 
the center of said river and the easterly line of Green- 
lodge street, where said street crosses said river, thence 
running north, forty-seven degrees forty-five minutes 
west, a distance of seven thousand six hundred and forty- 
eight and seven tenths feet through private lands and 
crossing Greenlodge street, to a point on the northerly 
side of East street, at the junction of Canton street Avith 
said East street ; thence by a course north, seventy de- 
grees fifty-five minutes west, a distance of five thousand 
five hundred and eighty-six and forty-six one hundredths 
feet through private lands and crossing the roadbed of the 
New England railroad, Elm street, and the roadbed of 
the Norfolk County railroad, to a point on the northerly 
side of Washington street at the junction of Gay street 
with said Washington street ; thence by a course north, 
forty-five degrees twenty-six minutes west, a distance of 



Acts, 1897. — Chap. 226. 177 



seven thousand seven hundred and twenty-nine and seven TownofWeBt- 
tenths feet through private lands and crossing the ISandy 7a'ted."''^"''"' 
Valley road, to a point on the northerly side of High 
street at the junction of Grove street with said High 
street; thence running by a course north fifty degrees 
twenty-two minutes west, a distance of nine thousand one 
hundred and forty-seven feet through private lands and 
crossing Westtield street, to a point in the center of 
Charles river ; thence running southwesterly along said 
Charles river a distance of three hundred and forty feet 
about to the present dividing Ime between the towns of 
Dover and Dedham, where said line meets the Charles 
river, — is hereby incorporated into a separate town, by 
the name of Westwood ; and the said town of Westwood 
is hereby vested with all the powers, privileges, rights 
and immunities, and shall be subject 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 inhabitants of and the estates within Payment of 
the said town of Westwood, and the owners of such estates, ''^'"'' 
shall be holden to pay all arrears of taxes which have been 
legally assessed upon them by the town of Dedham, and 
all the taxes heretofore assessed and not collected shall be 
collected and paid to the treasurer of the town of Dedham, 
in the same manner as if this act had not passed ; and un- 
til the next state valuation of the town of Westwood shall 
annually in the month of November p5\y to the town of 
Dedham its proportion of such state and county taxes as 
may be assessed upon said town of Dedham, said propor- 
tion to be ascertained and determined by the last valuation 
of said town of Dedham, and the assessors of the town of . 
Dedham shall make return of said valuation and the pro- 
portions thereof in the towns of Westwood and Dedham 
respectively, to the secretary of the Commonwealth and 
the county commissioners of the county of Norfolk. 

Section 3. The towns of Westwood and Dedham shall ^o"ii'oVpaup?rB. 
be respectively liable for the support of all persons who 
now do or shall hereafter stand in need of relief as paupers, 
whose settlement was gained, whether by original acquisi- 
tion or by derivation, within their respective limits ; and 
the town of AVestwood shall pay annually to the town of 
Dedham such proportion of all costs for the support or re- 
lief of those persons who now do or shall hereafter stand 
in need of relief or support as paupers, whose settlement, 



178 Acts, 1897. — Chap. 2l5(3 



by original ac'(|ui,siti()n or hy dcriviition, was gained by 
reason of military service as a part of the (|uota of the town 
of Dcdham, or who cannot be located on th(; site whence 
their settlement was derived or whereon it was ac(|uired, 
as the valuation of the town of Westwood shall bear to 
the town of Dedham, according to the last state valuation 
prior to such relief and support. 
DiviBionofex- Section 4. All suits and pr()ceedin«;s at law or in 

l)erinc8 or costs • i i n • i 

Of suits, etc. equity where the cause of action in tavor of or against the 
town of Dedham arose before the passage of this act shall 
be instituted and prosecuted or defended by the town of 
Dedham, with the same etfect as if this act had not been 
passed, and the amount recovered in any such suit or pro- 
ceeding by or against the town of Dedham shall l)e received 
or paid, as the case may l>e, by the town of Dedham, and, 
including costs, expenses and counsel fees, shall be divided 
between the towns of Westwood and Dedham in propor- 
tion to the last valuation prior to the passage of this 
act. 
^oratl°"ro*ert' 8ection 5. Said towus of Wcstwood and Dedham 
etc. ' shall each retain and hold all the town property, real or 

personal, now in or belonging to their respective limits. 
And the town of Westwood shall assume and pay its just 
and equitable })roportion, according to its present assessed 
valuation, of any debt due or owed from the town of Ded- 
ham at the time of the passage of this act, including its 
proportion of any obligation on the part of the town of 
Dedham for the expenses of the metropolitan parks and 
the metropofitaii sewers, until a new apportionment is 
made concerning the same, and shall be entitled to receive 
its just and equitable proportion, according to said assessed 
valuation and a valuation hereafter to be made, of all 
corporate property then owned by the town of Dedham, 
including in said calculations all the property mentioned in 
this section. If the property retained and held by the town 
of Westwood as aforesaid shall exceed its just and equitable 
proportion of said corporate property, it shall refund to the 
town of Dedham such sum as shall make such jiroportions 
just and equitable. In case the valuation or proportions 
aforesaid cannot be agreed upon by the town of Dedham 
with the town of Westwood the same shall be determined 
l)y three commissioners, neither of whom shall be residents 
of the town of Dedham or the town of Westwood, to be 
appointed l)y the superior court for the county of Korfolk 



Acts, 1897. — Chap. 226. 179 

upon the petition of either of said towns, and said petition 
may be lilud and appointments made in vacation. 

Section 6. Any iustice of the peace residing in the First meeting 

%/ o *- ^ ^-j tor t'lGctioD of 

county of Norfolk may issue his warrant directed to any officers. 
inhabitant of the town of Westwood, requiring him to 
notify and warn the inhabitants thereof, qualified to vote 
in town aflairs, to meet at the time and place therein 
appointed, for the purpose of choosing all such town 
officers as towns are by law authorized and required to 
choose at their annual meetings, and the oflScers so chosen, 
when qualified, shall hold their respective offices until the 
annual meeting of the year eighteen hundred and ninety- 
eight and until others are chosen to fill their places. Said 
warrant shall be served by publishing a copy thereof in 
two newspapers, each pul)Iished in said county of Norfolk, 
and by posting copies thereof in three public places in 
said town of Westwood, seven days at least before said 
time of meeting, all of which copies shall be attested by 
the person to whom the warrant is directed. Said justice, 
or in his absence such inhabitant, required to notify of 
the meeting, shall preside until the choice of a moderator 
of said meeting. The registrars of voters of the town List of voters. 
of Dedham shall before said meeting prepare a list of 
voters in said town of Westwood, qualified to vote at 
such meeting, and shall deliver the same to the person 
presiding at such meeting, before the choice of a moderator 
thereof. 

Section 7. The territory of the town of Westwood J'^esSec'tomi 
which has heretofore been a part of the town of Dedham districts, etc. 
shall, for the purpose of electing a representative to con- 
gress, remain a part of the eleventh congressional district 
until otherwise provided by law, and, for the purpose of 
electing a councillor, shall remain a part of the second 
councillor district until otherwise provided by law, and, 
for the purpose of electing a senator, shall remain a part 
of the second Norfolk senatorial district until otherwise 
provided by law, and, for the purpose of electing a repre- 
sentative to the general court, shall remain a part of the 
first Norfolk representative district until otherwise pro- 
vided by law, and the inhabitants of said territory shall 
vote for each of said officers in the town of Westwood. 
The selectmen and clerk of the said town of Westwood, 
in each of the said cases, shall make returns as if said 
town had existed at the time of the formation of said dis- 



180 



Acts, 1897. 



CuAi\ 227. 



Payuieiil of cer- 
tain expeUBCs. 



Division of 
amount reim- 
bursed, etc. 



Rights of cor- 
porations not 
affected. 



Not to cause 
vacancy in town 
office. 



tricts, and .said clerk shall meet with the clerks of the 
towns of" Dcdhani and Norwood, whenever it may be 
requisite, for the purpose of ascertaining the result of any 
election of representative to the general court and of 
making certificate of the same according to law. 

Section 8. Said town of Westwood shall bear the 
e.Kpense of making the necessary surveys and establishing 
the lines between it and the town of Dedham ; and shall 
pay to the town of Dedham its proportion of the ol)liga- 
tion of said town of Dedham under a contract with the 
Dedham Electric Company, until the ex})iration of said 
contract ; said proportion to be determined by the num- 
ber of lights furnished and maintained under said contract 
within the limits of the town of Westwood, and the 
amount to be paid by the town of Westwood to be the 
amount paid for said lights under said contract b}^ the town 
of Dedham. 

Section 9. The town of Westwood shall receive from 
the town of Dedham a proportional part of whatever 
amount may hereafter be paid l)y the Commonwealth or 
by the United States to reimburse the town of Dedham 
for bounties to soldiers, or for state aid heretofore paid to 
soldiers' families, after deducting all reasonable expenses. 

Section 10. All rights heretofore secured to cor- 
porations, if any there be, upon the territory hereby 
incor})orated shall continue as if this act had not been 
passed. 

Section 1 1 . Nothing in this act shall cause a vacancy 
in any town office in said Dedham for the current town 
year. 

Section 12. This act shall take effect upon its passage. 

Approved April 2, 1S97. 



Ch(ip.'2i'2il An Act to provide for refunding a i'oktton of the amount 

PAID FOR A LIQUOR hICENSE IN CASE OF THE DEATH OF THE 
LICENSEE 15EF0RE THE EXPIRATION OF THE LICENSE. 

Be it enacted^ etc., as follows: 
Part of license Section 1. Wlicu a pcTson to whom a license has been 

money may be n <• i .... 

refunded in cer- granted foT tlic salc of iutoxicating liquors dies before the 

tain cases, etc. • .• i- xi j. i> i i- xi -^ j 

expiration of the term ot sucli license the city or town 
which granted the license may refund to the administrator 
or e.xecutor of such deceased person a ])art of the license 
money proportionate to the unexpired term of the license. 



Acts, 1897. — Chap. 228. 181 

And a propoi*tioiiate part of the percentage paid to the 
Commonwealth shall be refunded to the city or town. 

Section 2. The provisions of the precedino- section to apply to 

,11 ijt ji'ji • 1 1 1 liceiiHes urauted 

shall apply to licenses granted in the year eighteen hun- iu ism, etc. 
dred and ninety-six as wtII as to all licenses thereafter 
granted. 

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

Approved April 2, 1897. 



Cha2^.22S 



An Act to permit adopted children and adopting parents 
to become legal benekiciakies of fraternal beneficiary 
organizations. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter three hundred 1894-36; §8, 
and sixty-seven of the acts of the year eighteen hundred 
and ninety-four is hereby amended by inserting after the 
word "wife", in the fifteenth line, the words: — child by 
legal adoption, parent by legal adoption, — so as to read 
as follows: — /Section 8. Any corporation duly or«:anized Payment to 

^ bGiiGnciuriGs of 

as aforesaid, which does not employ paid agents in solicit- deceased inem- 

1 ■ ,1 ,1 • i"! !• • bers of fiateina] 

ing or procuring business other than in the preliminary beneficiary or- 
organization of local branches, and which conducts its s^'^'^^'t'o"''- 
business as a fraternal society on the lodge system, or 
which limits its certificate holders to a particular order, 
class, or fraternity, or to the employees of towns, cities, 
or the Commonwealth, or of a designated firm, business 
house, or corporation, may provide in its b} -laws for the 
payment from time to time as required of a fixed sum l)y 
each member, to be paid to the beneficiaries of deceased 
members, in such amount and manner as shall be fixed by 
said by-laws and written in the benefit certificate issued to 
said member, and payable to the husband, wife, affianced 
husband, affianced wife, child by legal adoption, parent 
by legal adoption, relatives of, or persons dependent upon 
such member : j)rovided, however, that in any instance Proviso. 
where a benefit certificate has been issued in accordance 
with the above provisions, and the husband, wife, chil- 
dren, father, mother, brothers and sisters have all died, 
the insured with the consent of the officers of the corpo- 
ration, and under such rules as they may prescribe, may 
have the certificate transferred to any other person. Any May hoia death 
such corporation ma}' hold as a death fund l^elongingto the 
beneficiaries of anticipated deceased members an amount 



182 Acts, 1897. — Chap. 228. 

not exceedinir five assessments from a general or unlimited 
membership, or an amount not exeeediiiij: in the aggregate 
five assessments from eaeh limited class or division of its 

inveBtmeiit <.f luemhers. Such fund, if not excecMling one assessment as 
aforesaid, while held in trust shall he invested in securities 
in which insurance companies are allowed by hiwto invest 
their capital, or deposited in safe banking institutions 
subject to sight drafts, for distribution to the beneficiaries 

Eraergenty aforcsald. The amount of such fund in excess of one 
assessment shall be deemed an emergency fund, and shall 
be invested in securities in which insurance companies 
are allowied b}^ law to invest their capital, or not exceed- 
ing twenty per cent, thereof in a building for use and 
occupancy by the corporation as its home office, within 
this Commonwealth ; and such securities shall be deposited 
in trust with the treasurer of the Commonwealth, l)ut the 
corporation shall have at all times the right to exchange 
any part of said securities for others that said treasurer 
may determine to be of equal value and character. No 
portion of said securities shall be drawn except upon a 
requisition signed by three fourths of the executive com- 
mittee, or other officers corresponding thereto, and en- 
dorsed by the insurance commissioner, settin<>: forth that 
the same is to be used for the purposes of the trust. 

Portion of ex- Wheuevcr such emero;ency fund, so acquired and depos- 

COHH ot Gil 101'- ^^ •/ ' X A 

Kency fund mny itcd, Is lu exccss of tlio suui produccd froui five assess- 
ihing'memi.o'rs, uieuts, the corporatiou may provide in its by-laws for a 
®'*'' return of any portion of such excess to living members, 

in proportion to their contributions to said fund. Such 
corporation may also provide in its by-laws for the pay- 
ment from time to time as required of a fixed sum by each 
member, and from the amount thus received may make 
weekly or other payments to members during a period of 
disability. No ])ortion of the funds herein provided shall 
be used for any other purposes than as heretofore specifi- 
cally prescril)ed, and no assessment for the disabiiity fund 
shall be called while there remains on hand of such fund 
an amount equal to that received from one assessment. 
tiouaTcontnlets ^o contract uudcr this section shall be valid or legal 
uotvaiiii. which shall l)e conditional upon an agreement or under- 

standing that the beneficiary shall pay the dues and assess- 
ments, or either of them. I)eath and disability assessments 
Pn.viHo. may be called together : provided^ that the proportion to 

be used for either purpose shall be distinctly stated, and 



Acts, 1897. — Chap. 229. 183 

the amount received for eacli fund shall be held and used 
only in the manner heretofore provided. 

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

Approved April 2, 1897. 

An Act to incorporate the housatonic water works company. HJffjj. 090 
Be it enacted., etc. , as folloivs : 

Section 1. Daniel B. Wesson, Theodore C. Wood- Housatopic 
bury, Charles L. Long and their associates and successors company in. 
are hereby made a corporation by the name of the Housa- ''°'"'""'**'' ■ 
tonic Water Works Company, forthe purpose of furnishins^ 
the village of Housatonic in the town of Great Barring- 
ton with water for the extinguishment of fires and for 
domestic and other purposes ; with all the powers and 
privileges and subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or 
may hereafter be in force applicable to such corporations. 
The provisions of chapter two hundred and si.xty-two of 
the acts of the year eighteen hundred and eighty-four, ex- 
cept the first section thereof, and of all acts in amendment 
thereof, shall apply to said corporation. 

Section 2. A convt^yanco to the said Housatonic Payment of 
Water Works Company, at a fair valuation, of the prop- ^'P'^'*'- ^*°- 
erty of the Housatonic Water Company, which was ob- 
tained by said Theodore C. AVoodbury and Charles L. 
Long by deed of the Farmers Loan and Trust Company, 
of the city, county and state of New York, given under 
the decree of foreclosure of the mortgage given by said 
Housatonic Water Company to said Farmers Loan and 
Trust Company, which decree was made by the United 
States circuit court for the district of Massachusetts, and 
which deed is recorded in the registry of deeds for the 
southern district of Berkshire county, shall be deemed a 
sufficient paying in of its capital stock to the extent of 
such value, if a statement, made, signed and sworn to by 
the president, treasurer, and a majority of the directors of 
said water works company, giving a description of such 
property and the value at which it has been taken in 
payment, in such detail as the commissioner of corpo- 
rations shall require or approve, and endorsed with his 
certificate that he is satisfied that said valuation is fair 
and reasonable, is filed with the secretary of the Common- 
wealth. 



184: Acts, 1897. — Ciiai>. 229. 

May i«siie mort- Section 3. Said corporatioii may issue bonds and se- 
cure 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 l)e expended in the extension of the works of the 
company and for the payment of expenditures actually 
made in construction of the works, over and above the 
amount of the capital stock actually paid in. 

Issue of stock Section 4. The capital stock and bonds hereinbefore 

and bonds to be ' . i i 1 1 i . i i • i 

approved by authorizcd sliall be issued only in such amounts as may 

commissioner ^ , . , , • • i • i • ^ aa • • 

of corporations, froui tiuic to time, upou invcstigatiou by the commissioner 
of corporations, be deemed by him to be reasonably req- 
uisite for the purposes for which such issue of stock or 
bonds has been authorized. His decision approving such 
issue shall specify the respective amounts of stock and 
bonds authorized to be issued, and the purposes to which 
the proceeds thereof are to be ap]3lied. A certificate set- 
ting forth his decision shall be tiled in the office of the 
secretary of the Commonwealth before the certificates of 
stock or the bonds are issued, and the proceeds of such 
stock or bonds shall not be applied to any purpose not 
specified in such decision. 
Penalty for cor- Section 5. Whocvcr wilfully or wantouly corrupts, 
wate'r'.'etc. poUutcs or divcrts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
upon conviction of either of the above wilful or wanton 
acts shall be punished by a fine not exceeding three hun- 
dred dollars or by imprisonment not exceeding one year. 
Town may take Section 6. The towu of Great Barrington shall have the 
ertyl'otcV ^"°'' right at any time to take, by purchase or otherwise, the 
franchise, corporate property and all the rights and privi- 
leges of said corporation, on payment to said corporation 
of the actual cost of its franchise, works and property of 
all kinds held under the provisions of this act, including 
in such cost interest on each expenditure from its date to 
the date of said purchase or taking, as herein provided, at 
the rate of five per cent, per annum. If the cost of main- 
taining and operating the works of said corporation shall 
exceed in any year the income derived from said works by 
said corporation for that year, then such excess shall be 



Acts, 1897. — Chap. 229. 185 

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 expenditures of flcTiptT^'d 
the said corporation shall be annually submitted to the ^.^P^^^'ljj'^j;'^^ '° 
selectmen of the town of Great Barrington, and by said aunuaiiy, etc. 
selectmen to the citizens of said town. If said corpora- 
tion has incurred indebtedness the amount of such indebt- 
edness outstanding at the time of such taking shall be 
assumed by said town, and shall be deducted from the 
amount required to be paid l)y said town to said corpo- 
ration under the foregoing provisions of this section. 
This authority to purchase such franchise and property is 
granted on condition that the purchase is assented to by 
said town by a two thirds vote of the voters of said town 
present and voting thereon at a meeting legally called 
for that purpose. 

Section 7. Said town may, for the purpose of paying Great Barring. 

.1 , i^ • -I A j_ 1x1 ton Water Loau. 

the cost ot 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 eighty thousand 
dollars ; such bonds, notes and scrip shall bear on their face 
the words, Great Barrington 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 
countersigned by the water commissioners hereinafter 
provided for. Said town may sell such securities at 
public or private sale or pledge the same for money 
borrowed for the purposes of this act, upon such terms 
and conditions as it may deem proper. Said town 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 sufficient with the accumulations 
thereof to pay the principal of said loan at maturity. 
The said sinking fund shall remain inviolate and pledged 
to the payment of said loan and shall be used for no other 
purpose. 

Section 8. Said town instead of establishing a sinking May provide 
fund may at the time of authorizing said loan provide for ment8"o"u iomV 
the payment thereof in annual payments of such amounts as 



ISr, Acts, 181)7. — Ciiap. 230. 

will ill tho ajxix^ofr.'itc extijiiruish tlio same within the time 
prescrihod ill this act; aiul wlicii hucIi vote has Ikmmi passed 
the amount required thereby shall without further vote be 
assessed by the assessors of said town in each year there- 
after until the debt incurred by said loan shall be extin- 
jjfuished, in the same manner as other taxes are assessed 
under the provisions of section thirty-four of chapter 
eleven of the Public Statutes. 

p^L'^retc^ ^.^' Section 9. Said town shall raise annually b}^ taxation 
a sum which with the income derived from the water rates 
will be sufficient to pay the current annual expenses of 
operating its water works and the interest as it accrues 
on the bonds, notes and scrip issued as aforesaid by said 
town, and to make such contrilmtions to the sinking fund 
as may be required under the provisions of this act. 

Sr^!^""'' Section 10. Said town shall, after its purchase of 

tiou, terms, etc. g.^ij corporate property as provided in this act, at a legal 
meeting called for the purpose elect by ballot three per- 
sons to hold office, one until the expiration of three years, 
one until the expiration of two years and one until the 
expiration of one year from the next succeeding annual 
town meeting, to constitute a board of water commis- 
sioners ; and at each annual town meeting thereafter one 
such commissioner shall be elected bj^ ballot for the term 
of three years. All the authority granted to the said town 
by this act and not otherwise specially provided for shall 
be vested in said board of water commissioners, who shall 
be subject however to such instructions, rules and regu- 

J°8^uS*fuud. lations as said town may impose by its vote. The said 
commissioners shall be trustees of the sinking fund herein 
provided for, and a majority of said conmiissioners shall 
constitute a quorum for the transaction of Inisiness rela- 

vacancy. ^j^^, hotli to the w^atcr w^orks and the sinking fund. Any 

vacancy occurring in said board from any cause may be 

filled for the remainder of the unexpired term by said 

town at any legal town meeting called for the purpose. 

Section 11. This act shall take eft'ect upon its passage. 

Approved April 2, 1897. 

Cha7).2'S0 ^^ -^^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 

THE OKKICE OF THE STATE FIRE MARSHAL. 

Be it enacted, etc. , as follotcs : 
AppropriiitimiH. Section 1. The sums hereinafter -mentioned are ap- 
})ropriated, to be paid out of the treasury of the Com- 



Acts, 1897. — Chap. 231. 187 

mon wealth from tlie ordinaiy revenue, for the purposes 
specified, to meet expenses for the year endin«i- on the 
thirty-first day of December in the year eighteen hundred 
and ninety-seven, to wit : — 

For the salary of the state fire marshal, forty-five hun- state fire mar- 
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, ci<ik- 
fourteen hundred dollars. 

For the salaries of the two stenographers in the office stenographei-^. 
of the state fire marshal, eleven hundred dollars each. 

For the salaries of the two chiefs of aids in the office of chiefs of aw^-. 
the state fire marshal, twelve hundred dollars each. 

For the salaries of the eleven aids and one chief of ^"'^'''*'^- 
secret service in the office of the state fire marshal, one 
thousand dollars each ; and for the salary of a messenger, 
four hundred dollars. 

For travellino;, contingent and incidental expenses, the Travelling, etc., 

.,,'-, V T /J ^ expenses. 

same to include the services and expenses ot persons em- 
ployed in outside secret investigations, and fees of wit- 
nesses, under the direction of the state fire marshal, a sum 
not exceeding twelve thousand dollars. 

For postage, printing, stationery, telephone, telegrams, office expenses. 
incidental and contingent office expenses of the state fire 
marshal, a sum not exceeding twent}'-five hundred dollars. 

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

Approved April 2, 1897. 

An Act makixg further provision for the protection of the nifnrjy 9Q][ 
pdp.lic health in the valleys of the concord and sudbury " 

rivers. 

Be it enacted, etc., as follows: 

In addition to the sum authorized by section two of ?5J5'''*'''i",'\y:|".''' 
chapter four hundred and forty-six of the acts of the year land, etc. 
eighteen hundred and ninety-six the state board of health 
is hereby authorized to expend a further sum, not exceed- 
ing fifteen hundred dollars, in taking down the canal 
bridge, so-called, in the town of Wayland, in order to 
remove the bar upon which it stands, and in replacing said 
bridge by a suitable structure of stone, steel or wood. 

Ai)2)rored April 2, 1<397. 



188 Acts, 1897. — Chaps. 232, 233, 234. 



Chci7).'2'^'2i An Act to extend the term ok office of the i'.oakd of com- 
missioners FOR THE PROMOTION OF UNIFOKMITV OF hKOISLATION 
IN THR UNITED STATES. 

Be it enacted, etc., as Jblloivs : 

Termofoflice Section 1. Thc tei'iii of office of the board of commis- 
aioners for the promotion of uniformity of legislation in 
the United States, created by chapter four hundred and 
five of the acts of thc year eighteen hundred and ninety- 
one, as amended by chapter three hundred and eleven of 
the acts of the year eighteen hundred and ninety-three, 
, is hereby extended for the term of five years from the 
passage of this act. 

ExpenBCB. SECTION 2. The sum of nine hundred and thirty-two 

dollars and eighty-two cents, being the unexpended bal- 
ance of the sum of twenty-five hundred dollars originally, 
appropriated to carry out the provisions of said act, may 
be expended for such necessary expenses as may be in- 
curred by said board of commissioners in the performance 
of their duties. 

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

Approved Ax>ril 2, 1897. 

CA«X>-233 ^"^ ^^"^ REGULATING THE PAYMENT BY TREASURERS OF CITIES AND 
TOWNS TO THE TREASURER OF THE COMMONWEALTH OF MONEYS 
RECEIVED FOR LIQUOR LICENSES. 

Be it enacted, etc. , as follows : 

SfcT/o/*'''^ Section 1. All treasurers of cities and towns in this 

ceivedtorit uor ^'Oumi OH Wealth shall, within thirty days after the receipt 

licenses, etc. of moucys for liquor licenses granted by their several 

cities and towns, make a return of amounts so received 

to thc treasurer of the Commonwealth, and at the same 

time shall pay to him twenty-five per cent, of the amount 

so received, in accordance with the provisions of section 

fourteen of chapter one hundred of the Public Statutes. 

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

Approved April 2, 1897. 



Chap.2'^4^ An Act to extend the powers of the Berkshire water 

COMPANY. 

Be it enacted, etc. , as folloios : 

J^pL^nurfow", Section 1. The Berkshire Water Company, incor- 
of Lenox, etc. poratcd bv chapter one hundred and twenty-seven of the 



Acts, 1897. — Chaps. 235, 236. 189 

acts of the year eighteen hundred and eighty, may extend 
its pipes into the town of Lenox for a distance not exceed- 
ing one half mile from the Housatonic river, and may take 
water from Washington Mountain brook, otherwise called 
the Basin Pond brook, in the town of Lee. In making 
such extension of its pipes and in taking such additional 
water supply said comjjany shall have the same rights and 
be subject to the same lialjilities as if the right to take such 
additional water and to make such extension of its })ipes 
had been included in the grant contained in its charter. 
Section 2. This act shall take eft'ect upon its passage. 

Ajjproved April 2^ 1S97. 



Chap.235 



An Act kelative to the boston co-operative building com- 
pany. 

Be it enacted, etc., as follows : 

Section 1. All issues of the capital stock of the certain issues 
Boston Co-operative Building Company in excess of two ratijied.Vc."'''' 
hundred thousand dollars, made under the authority of 
chapter one hundred and eighty-four of the acts of the 
year eighteen hundred and seventy-two prior to the year 
eighteen hundred and ninety, amounting to nineteen thou- 
sand dollars in par value, are hereby ratified and con- 
firmed, and said stock so issued is made valid to all intents 
and purposes. 

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

Approved April 2, 1897. 

An Act defining the poweijs of probation officers. Char) 236 

Be it enacted, etc., as folloivs : 

Section 1. Any probation officer may, without war- Probation om- 
rant or other process, at any time until final disposition of persons without 
the case, take any person placed in .his care by any court tain'"a'BVe"ei'c. 
and bring him before the court, or the court may issue a 
warrant for the re-arrest of any such person ; and the 
court may thereupon proceed to sentence or may make any 
other lawful disposition of the case. 

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

Ajjproved April 3, 1897. 



liH) AcT8, 1897. — CiiAi's. 2:57, 238. 



Chap.'2''M '^N A( X UELATIVE TO CKKTAIN FKES IN MUNICIPAL, DISTHICT 
AND POUCE COUIMS IX IJASTAKUY OASES, ANU TO THE SERVICE 
OF BASTAUDY AVAKKANTS, 

Be it enacted, etc. , as follows : 
Certain fees Section 1. The fcG foF rcceivino; complaints £111(1 ij^isu- 

iibolished. . . . . " II- 

m^ warrants in inunici})al, (listrict and })ohcc courts in 
bastardy cases, is hereby abolished. 
bl8ta'rd''cL"e8 Section 2. Warrants in bastardy cases may be directed 
to and served by any officer authorized to serve civil or 
criminal process in any county. 

Approved April 5, 1S97. 



Chcip.'2'SS -A^N Act to confirm the locations of the boston ani> maine 

RAILROAD AND THE BOSTON, REVERE BEACH AND LYNN RAILROAD 
COMPANY IN THE TOWN OF REVERE. 

Be it enacted, etc., as follows: 
Locations and Section 1. The ncw locatloHs and taking's of the Bos- 

takings of Bob- , ~ 

ton and Maine tou and Maine Eailroad and of the Boston, Kevere Beach 
ijoBton, Revere aud Lynii Railroad Company, as shown by the descri[)- 
Ra'mordOo'm"" tious and plans accompany ing the same, iiled with the 
ratified. ^*^^*"^'^ county comiiiissioiiers of Middlesex county and with the 
aldermen of the city of Boston by said companies respec- 
tively, in and within the town of lievere in the county 
of Suftblk, in consequence of the taking by the metropoli- 
tan park commission, under chapter four hundred and 
eighty-three of the acts of the year eighteen hundred 
and ninety-four and chapter three hundred and five of the 
acts of the year eighteen hundred and ninety-five, of a 
portion of the old location of said Boston, Revere Beach 
and Lynn Railroad Company, in and within said town of 
Revere, and of the taking of a portion of the old location 
' of the Boston and Maine Railroad, in said town of Revere, 
by said Boston, Revere Beach and Lynn Railroad Com- 
pany, under said acts, are hereby ratified and confirmed 
as valid locations and takings, to all intents and purposes, 
of the lands described in said locations and takings and in 
Proviso. i\jQ plans accompanying the same ; provided, however^ that 

claims for damages by reason of said locations and takings, 
or any of them, not heretofore legally satisfied, may be 
made and enforced in the same manner and Avitli the same 
effect as if the filing of the said locations and takings, and 



Acts, 1897. — Chap. 239. 191 

of each and all of them, were first made at the time of the 
passage of this act. 

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

Approved April 3, 1S97. 



C7ia2).239 



An Act to revise the cnAKTEU of the city of chicopee. 
Be it enacted^ etc., as follows : 

TITLE I, MUNICIPAL GOVERNMENT. 

Section 1. The inhabitants of the city of Chicopee cityofChico- 

nee 

shall continue to be a body politic and corporate, under 
the name of the City of Chicopee, and as such shall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and be subject to all the duties and obliga- 
tions, now incumbent upon and appertaining to said city 
as a municipal corporation. 

Section 2. The administration of all the fiscal, pru- Administration 
dential and municipal atlairs of said city, with the govern- affair's" etc.'' 
ment thereof, shall, except the aflairs of the public schools 
of said city, be vested in an executive department, which 
shall consist of one officer, to be called the mayor, and in 
a legislative department, which shall consist of a single 
body, to be called the board of aldermen, the members 
whereof shall be called aldermen. The executive depart- 
ment shall never exercise any legislative power, and the 
legislative department shall never exercise any executive 
power, except as herein otherwise provided. 

Section 3. The territory of said city shall continue seven wards. 
to be divided into seven wards, which shall retain their 
present boundaries until the same shall be changed under 
the general law relating thereto. The number of wards 
may, in any year fixed by law for a new division of wards 
in cities, be changed by vote of the board of aldermen, 
with the approval of the mayor, at or prior to making 
such division ; but the number of wards shall never be 
less than seven. 

TITLE II. elections AND MEETINGS. 

Section 4. All meetings of the qualified voters of Meeunfrsof 

,. ^~ . , ^ . „ . qualified voters. 

said city tor the purpose ot voting at elections of national, 
state, county, district and municipal officers, and- for 
other municipal or legal purposes, shall be called by 
order of the board of aldermen, and, so far as appli- 



192 



Acts, 1897. — CuAr. 2:]9. 



Certain officers 
to be elected 
by ballot. 



Vacancies, etc. 



cable, in the manner provided by law for calling elections 
in cities. 
Mmmii.;ii Section 5. The annual municipal election shall take 

election ana ^ i 

muuicipai year, placc ou the sccoud Tucsday of December, and the mu- 
nicipal year shall begin at ten o'clock in the morning on 
the tirst Monday of January next following. 

Section 6. At such annual municipal election the 
qualified voters shall give in their votes by ballot for 
mayor, city clerk, city treasurer, members of the board 
of aldermen and of the school committee, or of such of 
them as are to be elected, and the person receiving the 
highest number of votes for any office shall be deemed 
and declared to be elected to such office, and whenever 
two or more persons are to be elected to the same office 
the several persons up to the number required to be 
chosen receiving the highest number of votes shall be 
deemed and declared to be elected. 

Section 7. If it shall appear that there is no choice 
of a mayor, or if the person elected mayor shall refuse 
to accept the office, or shall die before qualifying, or if 
a vacancy in said office shall occur more than three months 
previous to the expiration of the municipal year, the board 
of aldermen shall forthwith call meetings for a new elec- 
tion, and the same proceedings shall be had in all respects 
as are hereinbefore provided for the election of a mayor, 
and shall be repeated until the election of a mayor is 
completed. In case a vacancy in the office of mayor 
shall occur within the three months previous to the ex- 
piration of the municipal year the board of aldermen 
may, in its discretion, call meetings for the holding of a 
new election as aforesaid to fill the vacancy. If the full 
number of members of the board of aldermen has not been 
elected, or if a vacancy in the office of alderman shall 
occur more than six months previous to the expiration of 
the municipal year, the board of aldermen may forthwith 
elect some person or persons to fill the vacancy or vacan- 
cies until the next municipal election. In case of a 
vacancy in the office of city clerk or city treasurer the 
board of aldermen shall elect a city clerk or city treasurer 
to fill such vacancy until the next municipal year ; and in 
case of the temporary absence or disability of the city 
clerk or of the city treasurer the board of aldermen shall 
elect a city clerk or city treasurer pro tempore. In each 
of such cases the city clerk or city treasurer shall be sworn 



Acts, 1897. — Chap. 239. 193 

and shall perform the duties of the office to which he is 
elected. 

Section 8. General meetings of the citizens qualified i^gToTqlTJitfied 
to vote may from time to time he held, according to the ^o'^^. 
right secured hy the constitution of the Commonwealth, 
and all such meetings may, and upon the request in writ- 
ing of fifty qualified voters, setting forth the purposes 
thereof, shall be duly called by the board of aldermen. 

Section 9. The board of aldermen may, when no con- ward meetings 
venient wardroom for holding the meeting of the citizens "decent ward! 
of any ward can be had within the territorial limits of such 
ward, appoint and direct in the warrant for calling the 
meeting of such ward that the meeting be held in some 
convenient place within the limits of an adjacent ward of 
the city ; and for such purposes the place so assigned 
shall be deemed and taken to be a part of the ward in 
which the election is held. 



TITLE III. LEGISLATIVE DEPARTMENT. 

Section 10. The board of aldermen shall be composed ^^^^^i^^^}^^""' 
of ten members at large and one member from each ward term's, etc. 
of the city, who shall be elected as follows : — At the first 
municipal election held under this act said ten members at 
large of the board of aldermen shall be elected by the 
qualified voters of the entire city, five to serve for the 
term of two years and five to serve for the term of one 
year, beginning with the first Monday in January next 
ensuino;, and thereafter five members at larg^e of said 
board of aldermen shall be elected in like manner at each 
annual municipal election, to serve for the term of two 
years, beginning with the first Monday in January next 
ensuing. At said first municipal election one member of 
the board of aldermen from each ward shall be elected by 
and from the voters of each ward, to serve for the term of 
one year, beginning with the first Monday in January next 
ensuing, and thereafter one member of the board of alder- 
men from each ward shall be elected by and from the voters 
of each ward at each annual municipal election, to serve 
for the term of one year, beginning with the first Monday 
in January next ensuing. At said first municipal election 
no voter shall vote for more than three of the candidates 
for members at large of the board of aldermen to be 
elected for each term, and the five candidates for members 



194 Acts, 1897. — Chap. 239, 



Board of alder- at larije of said l)()ar(I havin2: tho hijxhost number of votes 

men, election, ^ .-^ .— 

terms, etc. for cacli tci'iii sluill be (lecUircd elected. At all muiiieipal 
elections, except an election to fill a vacancy, subsecjuent 
to the said first niunici})al election, no voter shall vote for 
more than three of the candidates for members at lar<^e of 
the board of aldermen to be elected at an annual munici- 
pal election on one liallot, and the five candidates for 
members at large of the board having the highest mimber 
of votes shall be declared elected. The members at large 
of the board of aldermen shall hold office for two years, 
except as is herein otherwise provided, and the memlicrs 
of the board of aldermen from the wards shall hold office 
for one year, beginning with the first Monday in January 
next succeeding their election, and until their successors 
shall be elected and qualified. In case it should become 
necessary to fill at an election a vacancy or vacancies in 
the board of aldermen a voter may vote for tho alderman 
necessary to fill such vacancy or vacancies, in addition to 
the number to be voted for, as above-provided. In case 
any alderman elected by the voters of any ward shall 
remove to another ward in the city subsequent to his 
election, such removal shall not disqualify him from per- 
forming the duties of his office during the term for which 
he was elected. 
Sawrind^"^ "^ Section 11. The mayor clcct and the aldermen elect 
aldermen. shall, ou the first Monday in January, at ten o'clock in the 

forenoon, meet and be sworn to the faithful discharge of 
their duties. The oath shall be administered by the city 
clerk or by any justice of the peace, and a certificate that 
such oath has been taken shall be entered in the journal 
of the board of aldermen. In case of the absence of the 
mayor elect on the first Monday in January, or if a mayor 
shall not then have been elected, the oath of office may at 
any time thereafter be administered to him in the presence 
of the board of aldermen, and at any time thereafter in like 
manner the oath of office may be administered in the pres- 
ence of the board of aldermen to any member of the 
board of aldermen who has been previously absent or who 
has been subsequently elected, and a certificate of every 
such oath shall be entered in the journal aforesaid. 
bofnrlffaidcr"^ SECTION 1 2 . After the oath has been administered to the 
men, etc. aldermen present they shall be called to order by the city 

clerk, or in case of the absence of the city clerk by the old- 
est senior member present. Tho board of aldermen shall 



Acts, 1897. — Chap. 239. 195 

then proceed to elect by ballot one of their own number 
president of the board. No other business shall be in order 
until a president is chosen. The president shall be sworn 
by tiie city clerk, or in case of the absence of such clerk 
by any justice of the peace. The president may be re- 
moved from the presidency of the board of aldermen l)y 
the affirmative vote of two thirds of all the members 
thereof, taken by roll call. The president of the board 
shall have the same right to vote as any other member 
thereof. 

Section 13. The board of aldermen shall hold regular Meetings of 
meetings at such times as may l)e designated by the board men. 
by general rule. The mayor may at any time call a 
special meeting of the board, and shall call a special meet- 
ing upon the request in writing of one third of the mem- 
bers. Such request shall state the subjects to be considered 
at the meeting. The mayor shall cause a written notice 
of such special meeting, stating the sulyects to be consid- 
ered thereat, to be given in hand to each member or to 
be left at his usual place of residence, or at any address 
designated by him in a writing filed with the city clerk, 
at least twenty -four hours previous to the time appointed 
for the meeting, and no final action shall be taken at such 
special meeting on any business not stated in such notice, 
except with the unanimous consent of all the members of 
the board. For the purpose of drawing jurors it shall 
not be necessary to formally call a meeting of the board, 
but a majority of the members of the board, meeting with 
the mayor and the city clerk in the aldermanic chamber, 
may draw jurors whenever required, in the manner pro- 
vided by law, and a record thereof, containing the names 
of the aldermen present, shall be entered by the city clerk 
upon the records of the board. 

Section 14. The board of aldermen shall determine the To determine 
rules of its own proceedings and shall be the judge of the ceedint;s, be 
election and qualifications of its own members. In case of onts mem'bers" 
the absence of the president the board shall choose a pres- *^''" 
ident pro tempore, and a plurality of the votes cast shall 
be sufficient for a choice. All meetings of the board shall 
be public, and a journal of its proceedings shall be kept, 
which journal shall be open to public inspection. The 
vote of the l)oard upon any question shall be taken by 
roll call when the same is requested by at least three mem- 
bers. A majority of the members of the board shall con- Quorum. 



196 



Acts, 1897. — Ciiai>. 2:59. 



Certain ofl'icers 
to be entitled to 



stituto a quorum, ])ut a smaller number may adjourn from 
day to day. The hoard .shall, so far as is not inconsistent 
with this act, have and exercise all the legislative powers 
of towns and of the inhabitants thereof, and shall have and 
exercise all the powers now vested l)y law in the city of 
Chicopee and in the inhabitants thereof, as a municipal 
corporation, and be subject to all the liabilities of city coun- 
cils and of either branch thereof, under the general laws 
of the Commonwealth, and it may by ordinance prescribe 
the manner in which such powers shall be exercised. Its 
members shall receive no compensation for their services 
as members of the board of aldermen or of any committee 
thereof. 

Section 15. The chairman of the board of overseers 
neats with board gf the poor and the member of the school committee 

of aldermen. • i /• i i ii i • i • i i 

apponited tor that purpose shall be respectively entitled 
to seats with the board of aldermen, and shall have 
the right to discuss all matters relating to their respec- 
tive departments of city atlairs, but without the right to 
vote. They shall be notified in like manner with mem- 
bers of the board of all special meetings in which action 
may be taken afiecting the interests of their respective 
departments. 

Section 16. The board of aldermen shall annually in 
the month of January elect by ballot a city auditor, a 
city collector, and a city messenger, each of whom shall 
hold his office for the term of one year, beginning with 
the first Monday in Fel)ruary in the year of his election 
and until his successor is elected and qualified, unless 
sooner removed. Said board of aldermen shall also annu- 
ally in the month of January elect l)y ballot one assessor 
of taxes, one member of the l)oard of health, one trustee 
of the pul)lic library, each of whom shall hold his office 
for the term of three years, beginning with the first Mon- 
day in February in the year of his election and until his 
successor is elected and ([ualified, unless sooner removed. 
Any of said officers may ])e removed at any time by the 
board of aldermen for sufficient cause, after hearing. The 
present assessors of taxes, members of the board of health, 
and members of the li})rary committee, shall continue to 
hold their respective offices, unless sooner removed, for 
the terms for which they were originally elected, the 
library committee to l)e hereafter known as trustees of 
the public library. Elections to the board of health shall 



Board of alder- 
men to elect 
certain ottlcers 
by ballot, etc. 



Acts, 1897. — Chap. 239. 197 

be so made tliat at least one member thereof shall be a 
doctor of medicine. 

Section 17. Neither the board of aldermen nor any Not to take pan 
member or committee thereof shall directly or indirectly o°f iTbo^maMng 
take part in the employment of labor, the making of con- of contracts, etc. 
tracts, the purchasing of materials or supplies, the con- 
struction, alteration or repair of any public works, 
buildings or other property, or the care, custody or 
management of the same ; or in the conduct of any of the 
executive or administrative business of the city, or in the 
expenditure of public money, except as herein otherwise 
provided, and except such as may be necessary for the 
contingent and incidental expenses of the board of alder- 
men ; nor in the appointment or removal of any officers, 
except as is herein otherwise provided. But nothing in Aid to disabled 
this section contained shall affect the powers or duties of saiio'rs,''etc. 
the board in relation to aid granted under the laws relat- 
ing to state aid, military aid, soldiers' relief, and from the- 
war relief fund of the city. 

Section 18. The board of aldermen shall appropriate AppiopiiationB, 
annually in the month of March the amount necessary to etc!*^" ' "*'"^' 
meet the expenditures of the city for the current munici- 
pal year, and shall fix by order or otherwise the appro- 
})riations for the several departments and officers which 
may be expended during the year. It shall take care 
that no money is paid from the treasury unless granted 
and appropriated, and shall secure a just and proper 
accountability by requiring bonds with sufficient penal- 
ties and sureties from all persons intrusted with the 
receipt, custody or disbursement of money. It shall, as Account of 
often as once in each year, and not later than the fifteenth exp^'idniues to 
day of November, cause to be published for the use of the ^^2'''''''"^"^' 
inhabitants a complete account of the appropriations, re- 
ceipts and expenditures of the city, and a statement of 
the city debt. 

Section 19. The board of aldermen shall have the city ordinanoes, 
power within said city to make and establish ordinances, i"""^"""*- 
and to affix thereto penalties for the violation thereof, as 
herein or by general law provided, without the sanction 
of any court or justice thereof. 

Section 20. The board of aldermen may establish a Fire depart. 
fire department for said city, to consist of a chief engi- 
neer and such other officers and members as the board 
of aldermen by ordinance shall from time to time pre- 



198 



Acts, 1897. —Chap. 239. 



Fire depart- 
ment. 



Fire limits may 
be establislied, 
etc. 



Proviso. 



Police depart- 
ment. 



scribe ; and said board of aldermen shall have authority 
to tix the time of their appointment and the term of their 
service, to define their powers and duties, and in general 
to make such regulations concerning the pay, conduct 
and government of such department, the management 
of fires and the conduct of persons attending fires, as 
they may deem expedient, and may fix such penalties for 
any violation of such regulations, or any of them, as are 
provided for the breach of the ordinances of said city. 
The appointment of all officers and members of such de- 
partment shall f)e vested in the mayor exclusively, who 
shall also have authority to remove from office, after hear- 
ing, any oflicer or member for such cause as he shall deem 
sufficient. The engineers so appointed shall be firewards 
of the city ; but the aldermen may authorize the appoint- 
ment of additional firewards. The compensation of the 
officers and members of the department shall be fixed by 
ordinance. 

Section 21. The board of aldermen shall have power 
to establish fire limits within the city, and from time to 
time change or enlarge the same ; and l)y ordinance it 
may regulate the construction of all buildings erected 
within said fire limits, stipulating their location, size, and 
the material of which they shall be constructed, and may 
make such other rules and regulations as shall tend to 
prevent damage by fire : provided, that such rules and 
regulations shall not be inconsistent with the laws of the 
Commonwealth. 

Section 22. The board of aldermen shall estalffish by 
ordinance a police department, consisting of a city mar- 
shal and of such subordinate officers and other members 
of the ])olicc force as it may prescribe, and may make 
regulations for. the government of said department. The 
power of appointment of said city marshal, subordinate 
officers and members of the jiolice force shall be vested 
in the mayor exclusively, and he shall have power to re- 
move the members of the regular police force, after hear- 
ing, for such cause as he shall deem sufficient. All the 
members of the present regular police force except the 
chief of police or marshal, and such members as may here- 
after be appointed except the city marshal, shall hold office 
during good behavior, and be subject to removal in the 
manner above-provided. The mayor shall have the i)ower 
to remove the city marshal at any time. The city mar- 



Acts, 1897. — Chap. 239. 199 

shal shall sive a bond to the city in such sum and with 
such sureties as the board of aldermen may from time 
to time require. 

Section 23. The board of aldermen shall, with the streets, high- 
approval of the mayor, have exclusive authority and 
power to order the laying out, locating anew, altering 
or discontinuing, and the making of specific repairs and 
alterations in all streets, ways and highways within the 
limits of the city, and to assess the damage sustained by 
any person therel^y, and further, except as is herein pro- 
vided, to act in all matters relating to such laying out, 
locating anew, altering or discontinuing. Any person 
aggrieved by the assessment of his damages, or other 
action of the board of aldermen under this section, shall 
have all the rights and privileges now allowed by law 
in such cases in appeals from decisions of selectmen of 
towns. 

Section 24. The board of aldermen may, with the sidewalks, etc. 
approval of the mayor, cause suitable sidewalks to be 
laid, curbstones to be set between such sidewalks and the 
portion of the streets used by vehicles, and grass plots to 
be laid out and graded between such sidewalks and curb- 
stones, and shall assess one half the expense thereof upon 
the persons owning lands and estates against which such 
sidewalks are to be made, apportioning the same equital)ly 
where there are two or more adjacent owners. 

Section 25. Any ordinance, order, resolution or vote Majority vote 

, •' . . ' . ot all members 

involving the appropriation or expenditure ot money to necessary for 
an amount which may exceed two hundred dollars shall certafu ordl ° 
require for its passage the affirmative votes of a majority "''"ces.etc. 
of all the members of the board of aldermen, and every 
such ordinance, order, resolution or vote shall be read 
twice, with an interval of at least two days l)etween the 
two readings, before being finally passed, and the vote on 
its final passage shall be taken by roll call : jirovided^ Proviso. 
however, that upon the written recommendation of the 
mayor the board of aldermen may pass such ordinance, 
order, resolution or vote on the same day by a two thirds 
yea and nay vote. 

Section 26. No member of the board of aldermen Members of 

TUT' 1 f I'li'i 1111 board or alder- 

shall, during the term tor which he is elected, hold any men not to hoid 
other office in or under the city government, have the etcf' *" ^ " "^^ 
expenditure of any money appropriated l)y the board of 
aldermen, or act as counsel in any matter before the board 



200 



Acts, 1897. — Chap. 239. 



Certain ordi- 
nances subject 
to approval of 
mayor. 



of aldermen or any committee thereof; and no person 
shall 1)0 eligible for aj)pointnient to any municipal office 
e.stal)lishod by the hoard of aldermen during any nuuiici- 
l)al year within which he was an alderman, or until the 
ex})iration of the succeeding nuinicii)al 3'ear. 

Section 27. Every ordinance, order, resolution or vote 
of the board of aldermen, except such as relates to its 
own internal affairs or to its own officers or employees, 
shall be })resented to the mayor. If he approves thereof 
he shall signify his approval by signing the same, but if 
not he shall return the same w^ith his objections, to the 
board of aldermen, which shall enter the objections of 
the mayor at length upon its records, and proceed to re- 
consider said ordinance, order, resolution or vote, and if 
after such reconsideration two thirds of the board of alder- 
men, notwithstanding such objections, vote to pass the 
same, it shall be in force. In all cases the vote shall be 
taken by yeas and nays. If such ordinance, order, resolu- 
tion or vote shall not be returned within ten days after 
it shall have been presented to the mayor the same shall 
be in force. He may except from his approval of any 
ordinance, order, resolution or vote w^hich he has the 
power to veto, any portion involving a distinct item of 
expenditure, and in such case instead of returning the 
original he shall transmit a copy of such portion not aj)- 
proved, which portion shall be reconsidered in the man- 
ner and with the effect above-provided. The veto power 
of the mayor shall not extend to elections. 



TITLE IV. 



EXECUTIVE DEPARTMENT. 



Executive 
powers vested 
in mayor, etc. 



Term of olVice. 



Appointment 
and removal of 
municipal 
ollicers. 



Section 28. The executive powers of the city shall 
be vested solely in the mayor, and may be exercised by 
him either personally or through the several officers or 
boards of the city in their departments, under his general 
supervision and control. In case of any vacancy in any 
office to which appointment is made by the mayor he 
may personally jierform the duties thereof, but he shall 
not be entitled to receive any salary or pay attaching 
thereto. The mayor shall hold office for the munici])al 
year beginning with the first Monday in January next 
following his election and until his successor is elected 
and qualified. 

Section 29. The mayor shall have the sole power of 
ai)i)ointmcnt to all the municipal offices established l)y 



Acts, 1897. — Chap. 239. 201 



or under this act, unless herein otherwise provided, and 
he may, except as herein otherwise provided, remove 
from office any officer so appointed hereunder for suffi- 
cient cause, after hearing. 

Section 30. Whenever by reason of sickness or other By whom duties 
cause the mayor shall be disabled from performing the formed hrc'ase 
duties of his office the president of the board of alder- of dieabuity of 
men, or in his absence or disability the city treasurer, 
shall, under the style of acting mayor, perform the duties 
of mavor. Such officer shall during the continuance of 
such disability have all the rights and powers of mayor, 
except that he shall not when so acting have the power 
of removal, unless thereto in any instance authorized Ijy 
vote of the board of aldermen, nor any power of a})point- 
ment, unless such disability of the mayor has continued 
for a period of thirty days, and then subject to the ap- 
proval of the board of aldermen, nor power to approve or 
disapprove any ordinance, order, resolution or vote until 
within twenty-four hours of the time when it would take 
effect without the approval of the mayor. In case of 
such disability of the mayor continuing for a period ex- 
ceeding sixty days the board of aldermen may at any 
time after the expiration of that period declare a vacancy 
to exist in the pffice of mayor. While the president of 
the board of aldermen is acting as mayor he shall not 
preside over the board of aldermen nor have a vote 
therein. 

Section 31. Whenever there shall be a vacancy in president of 
the office of mayor the president of the board of alder- meu 'tolcttr' 
men shall act as mayor, and possess all the rights and fn oV/eof'''*"''^ 
powers of mayor during such vacancy, except that when mayor. 
so acting as mayor he shall not have the power of ap- 
pointment or removal unless thereto in any instance 
authorized by vote of the board of aldermen. 

TITLE V. SCHOOL DEPARTMENT. 

Section 32. The management and control of the schooicom- 
pu])lic schools of said city shall be vested in a school "rmlVetcr ' ' 
committee, consisting of two meml)ers at large and one 
from each ward of the city. At the annual municipal 
election held in the year eighteen hundred and ninety- 
seven there shall be elected two members of the school 
committee from the city at large, one member for the 
term of two years and one member for the term of one 



202 



Acts, 1897. — Chap. 239. 



School com- 
mittee, election, 
terms, etc. 



Vaeaiicios, etc., 
on school com- 
uiittee. 



Organization. 



Mayor may be 
present at ses- 
wions, etc. 



year, and one mcuil>er of the school committee from each 
of the foHowing wards, namely: — Wards five, six and 
seven, to serve for the term of three years beginning 
with the first Monday in January next ensuing ; at the 
annual municii)al election held in the year eighteen hun- 
dred and nincty-eiglit there sliall l)e elected one member 
of the school committee at large, and one member from 
each of the foUowing wards, namely; — Wards three 
and four, to serve for the term of three years from the 
first Monday in January next ensuing ; at the annual 
municipal election held in the year eighteen hundred 
and ninety-nine there shall be elected one memlier of the 
school committee at large, and one meml)er from each 
of the following wards, namely : — Wards one and two, 
each for the term of three years from the first Monday 
in January next ensuing ; and at each annual municipal 
election thereafter there shall l^e elected three meml)ers 
of the school committee, who shall hold their oflSces for 
the term of three years beginning with the first Monday 
in January next succeeding such election, as successors 
to those whose terms of office expire on said first Mon- 
day in January. Each of the present members of the 
school committee shall continue to hold his office for the 
term of three years beginning with the first Monday in 
January next after his election. 

Section 33. In case of a vacancy in or non-election 
to the office of a mem1)er of the school committee the 
mayor shall call a joint convention of the Ijoard of alder- 
men and of the school committee, and such vacancy shall, 
by vote of a majority of all the menil)ers of tlic two 
bodies, be filled l)y the election of a member according 
as the vacancy or non-election exists, to serve until the 
end of the municipal year in which the order calling the 
next annual nmnicipal election shall be passed ; at such 
election the further vacancy, if any, shall be filled for 
the remainder of the unexpired term, in the same man- 
ner as the memlx'r whose office is vacant was elected. 
The school conmiittce shall meet on the first Wednesday 
after the first Monday in January in each municipal year, 
and shall at such meeting, or as soon thereafter as may 
be, choose by ballot a •chairman from among its mem- 
bers, and the votes of a majority of all the members of 
the school connnitlee slisiU ])e re(|uircd to elect. The 
mayor may be present at all sessions of the school com- 



Acts, 1897. — Chap. 239. 203 

mittee, and when present may participate in the discus- 
sions. The committee shall be the judge of the election 
and qualifications of its members and shall determine the 
rules of its })roceedings. A majority of the whole num- Quorum. 
ber provided to be elected shall constitute a quorum for 
the transaction of business, but a smaller number may 
adjourn from time to time. 

Section 34. The school committee shall annually superintendent 

. J T 1 1 n ji' 1 .of schools, ap- 

appomt, but not irom their own number, a superm- pointment, etc. 
tendent of schools, who shall act as secretary of the 
board. The committee shall fix the salary of such super- 
intendent and may remove him for cause. The com- 
mittee shall annually elect one of their own number to 
attend the meetings of the board of aldermen for the 
purpose hereinbefore mentioned. 

Section 35. The school committee shall exercise the Powers and 

-,-,.1 .. 1 J ' ' nil duties of school 

powers and discharge the duties imposed by law upon committee, etc. 
school committees. All orders, resolutions or votes of 
the school committee, except those fixing salaries, which 
involve the expenditure of money, shall be presented to 
the mayor for his approval, and thereupon the same pro- 
ceedings shall be had by the mayor and school committee 
as are provided in section twenty-seven of this act to be 
had l)y the mayor and lioard of aldermen ; l^ut nothing 
in this act contained shall aftect the powers and duties 
of the committee in relation to votes cast at elections. 
The school committee shall, on or before the first Mon- to submit an 
day in January in each year, submit to the mayor an o" expenses'."''*" 
estimate in detail of the amount deemed by it necessary 
to expend for its purposes during the ensuing financial 
year, and the mayor shall transmit the same with the 
estimates of the departments to the ])oard of aldermen, 
and shall recommend such appropriation as he shall deem 
necessary. 

Section 3(). The school committee shall bo the origi- J°cL!<it"''of °* 
nal iudije of the exi)ediency and necessity of having addi- additional 

,.*i'. 1 'li- (• IT*"! 1 accommoda- 

tional or improved accommodations tor any public school tions, etc. 
within the limits of the city ; and whenever in its opinion 
a schoolhouse is required or material alterations arc needed 
it shall send a communication to the l)oard of aldermen, 
stating the locality and the nature of the further provi- 
sions for schools which are needed. The board of alder- 
men shall not authorize the erection of a schoolhouse or 
any addition thereto, nor pass any appropriation for such 



204 



Acts, 1897. — Chap. 239. 



Repairs, pur- 
chase of Bup- 
plies, etc. 



purpose, until plans of the same have been approved by 
vote of the school committee, and such approval has been 
certitied in writing to the l)oard of aldermen by the chair- 
man of said committee. Whenever the board of alder- 
men shall authorize the erection of a school building or 
any addition thereto one member of the school committee, 
to be designated by the mayor, shall be a member of any 
commission or committee which may be appointed to have 
supervision of the erection of such building or addition. 
Section 37. The school committee shall have the sole 
authority to make repairs to existing school buildings, 
including the purchasing of furniture and supplies, and 
apparatus for heating and ventilating said buildings. 



Adminisfrativc 
officers, ap- 
pointment, 
terms, duties, 
etc. 



TITLE VI. ADMINISTRATIVE OFFICERS. 

Section 38. There shall be the following administra- 
tive officers, who shall be appointed by the mayor and 
who shall perform the duties by law and hereinafter pre- 
scribed for them respectively, and such further duties, 
not inconsistent with the nature of their respective offices, 
as the board of aldermen may from time to time prescribe. 
A city solicitor ; a city marshal ; a superintendent of 
streets ; a city engineer ; an inspector of wires ; a board 
of overseers of the poor, to consist of three persons ; a 
board of almoners under the Whiting Street will, to con- 
sist of three persons ; a board of water commissioners, 
to consist of three persons ; a board of commissioners of 
Fairview cemetery, to consist of three persons. The 
city solicitor and city marshal shall l)e appointed annually 
in the month of January, and each shall hold his office for 
tlie term of one year beginning with the first INIonday in 
January in the year of his appointment, unless sooner 
removed, and until his successor is appointed and quali- 
fied. The superintendent of streets, the city engineer 
and the inspector of wires shall be appointed annually in 
the month of January, and each shall hold office for the 
term of one year Ijeoinninsj with the first Mondav in 
February in the year of his appointment, unless sooner 
removed, and until his successor is appointed and quali- 
fied. Each of the present members of the board of over- 
seers of the poor, and of the almoners under the Whiting 
Street will, and of the water conunissioners, and of the 
commissioners of Fairview cemetery, shall continue to 



Acts, 1897. — Chap. 239. 205 

hold office for the term for which he was elected or ap- 
pointed, unless sooner removed, and until his successor 
is appointed and qualified. In the month of January in 
each year one mem])er of each of said boards shall be 
appointed, who shall hold office for the term of three 
years l)eginning with the first Monday in February in the 
year of such appointment, unless sooner removed, and 
until his successor is appointed and qualified. 

TITLE VII. POWERS AND DUTIES OF OFFICERS. 

Section 39. The city clerk shall l)e the clerk of the citycierk, 
board of aldermen and shall have charge of all journals, ^"'®*' 
records, papers and documents of the city. He shall 
engross all ordinances passed by the board of aldermen, 
in a book provided for that purpose, and shall add 
proper indexes, which book shall be deemed a pul)lic 
record of such ordinances. He shall perform such other 
duties as are required by law or shall be prescribed by 
the board of aldermen. , 

Section 40. The city collector shall l)e collector of 9^'\^e^° ^1^"' ' 
taxes, and shall have all the powers of a town treasurer 
when appointed collector of taxes. He shall also be the 
collector of all moneys due the city from every source, 
except as may be otherwise provided by ordinance. 

Section 41. The superintendent of streets shall, under snpeimtendent 
the general direction of the mayor, have all the i)owers powe'rTand 
and be subject to all the duties, liabilities and penalties duties. 
which are by law given to or imposed upon surveyors of 
highways and road commissioners of towns, except as 
herein otherwise provided. 

Section 42. Tlie board of health shall annually ap- Board of health 
point an agent, who shall not be one of their own num- agen't'^etc! "" 
ber, whose compensation shall })e determined by the board 
of aldermen. The members of said board shall serve with- 
out compensation. 

Section 43. The trustees of the pulilic library shall Tubucfiibrarv, 
serve without compensation and shall have the supervi- etc. 
sion, management and care of the public library of said 
city. Said trustees shall annually appoint, but not from 
their own number, one or more librarians, to be under 
the direction and control of said trustees, and may for 
sufficient cause remove said librarians. The compen- 
sation of said librarians shall be fixed by the board of 
aldermen. 



206 



Acts, 1897. — Chap. 239. 



City physician 
and almoner, 
appointment, 
duties, etc. 



Superintendent 
of water de- 
partment, 
appointment, 
duiies, etc. 



CommisBioners 
of Fairview 
cemetery, 
powers and 
duties, etc. 



ComraiBBioners 
of city property, 
powers and 
duties. 



Section 44. The overseers of the poor shall annually 
api)oint a city physician and an almoner, neither of whom 
shall be one of their own nmnber, who shall, under the 
direction of said overseers, severally perform such duties 
as may be required by ordinance, and such further duties 
us said overseers may from time to time require. They 
may be removed from office at any time by the overseers 
for such cause as said overseers may deem sufficient. 
Members of the board of overseers of the poor shall serve 
without com])ensation . 

SECTION 45. The board of water commissioners shall 
annually in the month of February appoint a superin- 
tendent of the water department, who shall not be one of 
their own number, who shall hold office for the term of 
one year from the first Monday in March next ensuing 
and until his successor is elected, unless sooner removed, 
and who shall perform such duties as may be required l>y 
ordinance, and such further duties as said board may from 
time to time require. Said superintendent may be re- 
moved by said board at any time for cause, and his com- 
pensation shall be determined by the board of aldermen. 
The members of said board shall serve without compen- 
sation. 

Section 46. The commissioners of Fairview cemetery 
shall have general charge and control of all public ceme- 
teries owned by the city, subject to such ordinances as 
may from time to time be adopted, and may make such 
regulations relative to the care and use thereof, not in- 
consistent with such ordinances, as they may deem neces- 
sary. They may appoint and prescribe the duties of a 
superintendent of cemeteries, who shall not be one of 
their own number, and who shall receive such compensa- 
tion as the board of aldermen may from time to time 
determine. The sale of lots in such cemeteries shall be 
regulated by ordinance. Said commissioners shall serve 
without compensation. 

Section 47. The mayor, the president of the board 
of aldermen, and the city engineer, shall constitute a 
board, to be called commissioners of city property, who 
shall have general charge, care and control of all })rop- 
erty owned by the city, not herein otherwise provided for, 
shall keep the same in repair and purchase supplies there- 
for, and shall also have general charge of all matters 
relating to the executive or administrative departments 



Acts, 1897. — CiiiVr. 239. 207 

of city affiiirs which are not inchided in the duties of any 
other administrative officer or board. 

Section 48. All administrative officers and boards Administrative 
herein established, and all administrative officers and m^'.^appo^nt or 
boards hereafter established by the board of aldermen ^^move clerks, 
not coming within the department of any officer or board 
above-named shall have power, except as herein other- 
wise provided, to api)oint or employ and remove or dis- 
charge all officers, clerks and employees in their respective 
departments. Such appointments shall not be for any 
specified term, but shall hold good until removal or 
discharge. Orders of removal shall state the reasons 
therefor, and shall be entered upon the record of the 
officer or board making the same, and the removal shall 
take effect upon the filing of a copy of such order with 
the city clerk. The above-named administrative officers Tomakeneces. 
and boards shall, in their respective de})artments, make ^'^^> '^o"'''"'**^^^' 
all necessary contracts for work and for the furnishing . 
of the materials and sup])lies for the city, and for the 
construction, alteration, repair and care of public works, 
institutions, buildings and other property, except that 
the repair of schoolhouses shall be under the direction 
and control of the school committee ; and said adminis- 
trative officers and boards shall have, subject to the 
mayor, direction and control of all the executive and 
administrative business of the city. No permanent im- 
provement shall be commenced by any officer or board 
except upon the written order of the mayor. Said officers 
and boards shall at all times be accountable to the mayor, 
as the chief executive officer, for the faithful discharge of 
their duties. 



TITLE VIII. GENERAL, PROVISIONS. 

Section 49. No person shall be eligible to any of the certain persons 
offices of the city government except superintendent of °°*^ *^''s'*''"^- 
schools and city engineer unless he is a citizen and has 
been a resident of the city at least two years. 

Section 50. Each officer who is elected by the board nouwedof llp- 
of aldermen or appointed by the mayor shall be notified pointment or 

, ,, ., 1 1 x» 1 • 1 i- -J. X J election, oath of 

by the city clerk ot his election or appointment, and office, etc. 
shall within seven days after receiving such notice file 
with the city clerk his acceptance in writing, subject to 
the statutes of the Commonwealth and the ordinances of 



208 



Acts, 181)7. — Cuai-. 2:J9. 



Ceilificatc stat- 
iiit; ii'aHon to 
be tikul in case 
of rtMiioval of 
oilicoiis, etc. 



Offices to be- 
come vacant 
under certain 
couilitioLiM. 



Filling of 
vacancies. 



Estimates of 
expenses, etc. 



Ai)|iii)|>iiationB, 

exjiemlitiires, 

etc. 



the city, and take and subscribe an oatli for the faithful 
discharge of the duties of tlu; office, and any officer fail- 
ing so to do shall l)e deemed to have declined the office. 

Section 51. Whenever any officer shall be removed 
l)y the mayor or by any board a certificate of such re- 
moval, stating the reason therefor, shall be filed Avith the 
city clerk, there to remain on file for public ins})ection ; 
and whenever any officer shall be removed by the ])oard 
of aldermen the reason therefor shall ))e expressed in the 
vote of removal, and the same shall be written at length 
upon the records of the board. The city clerk, upon 
receii)t of any order of removal, or upon the })assage of 
any vote of removal hy the board of aldermen, sliall cause 
a copy thereof to be served forthwith upon the officer so 
removed, personally or by leaving the same at his last 
and usual place of aliode, and the office shall be deemed 
to be vacant from the time of the service of such notice. 

Section 52. Any office established under and by 
virtue of this act shall become vacant if the incumbent 
shall cease to be a resident of the city. The conviction 
of the incumbent of any such office of a crime punish- 
able by imprisonment shall operate to create a vacancy 
in the office held by him. 

Section 53. Vacancies which may at any time occur 
in any office which is filled by election by the board of 
aldermen or by appointment by the mayor may be filled 
for the unexpired term by election or appointment, in 
the same manner as the officer whose place is vacant was 
elected or appointed. 

Section 54. The administrative officers and boards 
above-named shall annually on or before the first Mon- 
day in January furnish to the ma^'or an itemized and de- 
tailed estimate of the moneys recjuired for their respective 
departments or offices during the ensuing financial year. 
The mayor, president of the board of aldermen, and the 
city treasurer, shall examine such estimates and shall sub- 
mit the same with their reconunendations for ap])ropria- 
ti(ms in itemized and detailed apportionment to the ])oard 
of aldermen on or l)cfore the first day of March. 

Section 55. No sum appropriated for a specific i^ur- 
pose shall be expended for any other purpose, and no 
expenditure shall ])e made nor liability incurred by or in 
behalf of the city until an a])]iropriation has been duly 
voted by the board of aldermen, sufficient to meet such 



Acts, 1897. — Chap. 239. 209 

expenditure or lia])ility, together with all prior unpaid 
liabilities which are payable out of such appropriation, 
except in accordance with the written recommendation 
of the mayor to the board of aldermen , approved by the 
yea and nay vote of two thirds of the board : j)rovided. Proviso. 
however^ that after the expiration of the financial year 
and until the passage of the regular annual appropria- 
tions, liabilities payable out of a regular appropriation 
to be contained therein may be incurred to an amount 
not exceeding one fourth of the total of such appropria- 
tion for the preceding year. Every bill, pay roll or other 
voucher covering an expenditure of money shall be ap- 
proved by the signatures on the back of such bill or 
voucher of the officer or of the majority of the board or 
committee having control of or incurring such expendi- 
ture, and after such approval such bills, pay rolls or 
vouchers shall l)e turned over to the auditor. The linan- Financial year. 
cial 3"ear shall begin with the first day of December in 
each 3'ear, and all provisions of law relating to the assess- 
ment of taxes and temporary loans in anticipation of 
taxes shall be construed to ai)ply to said financial year. 

Section 56. Every administrative board, through its officers to give 
chairman, and every officer having charge of a depart- tfon^upou^"™'*' 
ment, shall, at the request of the board of aldermen, request. 
appear before it and give such information as it may 
require in relation to any matter, act or thing connected 
with the discharjje of the duties of such board or officer : 
and when so requested to appear the officer who appears 
shall have the right to speak upon all matters under con- 
sideration relating to his department. 

Sectiox 57. Nothing herein contained shall affect the civii service. 
enforcement of the provisions of chapter three hundred 
and twenty of the acts of the year eighteen hundred and 
eighty-four, being, " An Act to improve the civil service 
of the Commonwealth and the cities thereof", and acts 
in amendment thereof and in addition thereto, or of the 
rules made by the commissioners appointed thereunder ; 
and the board of aldermen shall make sufficient and 
proper appropriations for the carrying out and enforce- 
ment of said acts and rules in said city. 

Section 58. All contracts made bv any department Certain con. 

« •/ i tructs to DG 

of the city shall, when the amount involved is two hun- approved by 
dred dollars or more, be in writing, and no such contract '"•*^'"'®'- 
shall be deemed to have been made or executed until the 



210 



Acts, 1897. — Chap. 239. 



Not to make 
certain con- 
tracts, etc. 



Proviso. 



Salaries of city 
officers, etc. 



Certain author- 
ity, etc., not 
affected. 



Repeal. 



Provisos. 



approval of the mayor is affixed thereto. All contracts, 
when the amount involved is one thousand dollars or 
more, shall be accom})anied by a bond, to an amount and 
with sureties satisfactory to the mayor, or by a deposit 
of money or other security for the faithful performance 
of such contracts ; and such bonds or other security shall 
be deposited with the city treasurer until the contract 
has been carried out in all respects ; and no such contract 
shall be altered except by a written agreement of the con- 
tractor, the sureties on his bond, and the officer or board 
making the contract, with the approval of the mayor 
affixed thereto. 

Section 59. Neither the mayor nor any officer of the 
city, nor any member of any city board, committee or 
commission having authority to expend money or to in- 
cur indebtedness on account of the city shall directly or 
indirectly contract with himself or with any other mem- 
ber of the same board, committee or commission, for the 
rendering of services to the city or the furnishing of 
materials or supplies to the city, or to any person for or 
on account of the city, unless authorized to do so by 
vote of the board of aldermen, with the approval of the 
mayor, and any contract made in violation of this sec- 
tion shall be void : provided, that this section shall not 
apply to the payment of the incidental and necessary ex- 
penses of such officer or board. 

Section 60. All salaries of city officers or heads of 
departments shall, except as is herein otherwise provided, 
be established by ordinance by the board of aldermen, 
but no ordinance changing any such salary shall take 
effect until the municipal year succeeding that in which 
the ordinance is passed. 

Section 61. Nothing contained herein shall be con- 
strued to affect the authority, powers, privileges, rights 
and obligations created and given by any special act of 
the general court and now vested in and exercised by the 
city of Chicopee, unless specially mentioned in this act. 

Section 62. All acts and parts of acts inconsistent 
with this act are hereby repealed : 2)i'ov{ded, hoicever, that 
the repeal of the said acts shall not affect any act done or 
any right accruing or accrued or established, or any suit 
or proceeding had or commenced in any civil case before 
the time when such repeal shall take effect ; and that no 
offence committed and no penalty or forfeiture incurred 
under the acts hereby repealed, and before the time when 



Acts, 1897. — Chap. 239. 211 

such repeal shall take effect, shall be affected by the re- Provisos, 
peal ; and that no suit or i)rosecution pending at the time 
of the said repeal, for any offence committed or for the 
recovery of any penalty or forfeiture incurred under the 
acts hereby repealed, shall be affected by such repeal ; and 
2)roi'ided, also, that all persons who at the time when the 
said repeal shall take effect shall hold office under the said 
acts, shall continue to hold the same according to the 
tenure thereof, and provided, also, that all the by-laws 
and ordinances of the city of Chicopee which shall l)e in 
force at the time when the said repeal shall take effect, 
and which are not inconsistent with the provisions of this 
act, shall continue in force until the same are repealed by 
the board of aldermen, and all officers elected under 
such by-laws and ordinances shall continue in office ac- 
cording to the tenure thereof. 

Section 63. No act which has been heretofore re- certain acts not 
pealed shall be revived by the repeal of the acts mentioned ^''^^^*"^ 
in the preceding section. 

Section 64. This act shall be submitted to the quali- 8ubmi.<sion of 

/. 1 . p /-.,-, . I. question of 

lied voters oi the city ot Chicopee tor acceptance ».t a acceptance. 
special election to be held within sixty days from its pas- 
sage. The vote shall ])e taken Ijy ballot in answer to the 
following question : " Shall an act passed by the general 
court in the year eighteen hundred and 
ninety-seven, entitled 'An Act to revise 
the charter of the city of Chicopee', 
be accepted ? " 

In case this act is not accepted by the voters of said mil^ed^a^second 
city at its first submission under this section it shall be time at state 
submitted a second time to said voters at the annual 
state election in the year eighteen hundred and ninety- 
seven, and the vote shall be taken by ballot in answer to 
the question above-stated. 

. Section 65. So much of this act as authorizes and ^|!c " *'° *"'"' 
directs the submission of the question of its acceptance 
to the qualified voters of said city shall take effect upon 
its passage ; so much hereof as relates to elections here- 
under shall apply to the annual municipal election to be 
held on the second Tuesday of December in the year 
eio:hteen hundred and ninetv-seven if the larger numl)er 
of votes upon the question of its acceptance is in the 
affirmative ; and if so accepted this act shall take full 
effect on the first Monday in January next ensuing. 

Approved April 6, 1897. 



YES. 




NO. 





212 Acts, 1897. — Chaps. 240, 21:1 



Chap.l^O -^^ Act appkoving the pikchase of a pakt of peddock's 

ISLAND IX r.OSTON IIARBOK BY THE UNITED STATES AND CEDING 
JUUISDIOTION OVER THE SAME TO THE NATIONAL GOVERNMENT. 

Be it enacted^, etc., asfolloios: 
Part of Fed- Section 1. Tlie conseiit of the Commonwealth ot 

dock 8 leland ^_ ij-ii i itt-i ^i 

may be pur- Massachusetts IS hereby granted to the United otates 
natTJiKii defence of America to purchase a portion of the northerly end 
purposes. ^^ Peddock's Island in Boston harbor, the same to be 

used for the purpose of national defence. 
gnInted°to°° SECTION 2. Jurisdiction over the area so purchased 

United states, jg hereby granted and ceded to the United States : ^;ro- 
Proviso. vided, (and the cession and consent aforesaid are granted 

upon the express condition) , that the Commonwealth shall 
retain a concurrent jurisdiction with the United States in 
and over the part of the island so purchased, so far as 
that all civil processes and such criminal processes as 
may issue under the authority of the Commonwealth 
against any person or persons charged with the crimes 
committed without the said tracts of land may be exe- 
cuted therein in the same way and manner as though this 
consent and cession had not been made and granted. 
Say olifupy^ SECTION 3. The United States government is hereby 
certain flats, etc. authorizcd to occupy and fill such flats belonging to the 
Commonwealth, and to place such structures in or over 
the tide water adjacent to the area herein authorized to 
be purchased as may be necessary for the purposes for 
which the premises over which jurisdiction is ceded in 
section one are to be used, upon such terms and condi- 
tions as shall be prescribed by the harbor and land com- 
missioners. 
To be void un. SECTION 4. TMs act shall be void unless a suitable 

less certain 

conditions are plan Or plaiis of tlic prcmiscs purchased by the United 
States under the provisions of this act be deposited in 
the office of the secretary of the Commonwealth within, 
one year from the passage of this act. 

Section 5. This act shall take eflect upon its passage. 

Approved April 6", 1897. 

C%ft?9.21:l -^^ -^^^ RELATIVE TO THE PERSONAL LIABILITY OF MEM HERS OF 

PARISHES. 

Be it enacted, etc., asfolloios: 

araendld.^^' Section 1. Scction OHc of chapter four hundred and 

nineteen of the acts of the year eighteen hundred and 



Acts, 1897. — Chap. 242. 213 

eighty-seven is hereby amended by adding at the end 
thereof the words : — and no meml)er of any territorial 
or other parish shall be personally lia])le for any debt or 
obligation of said parish hereafter incurred, — so as to 
read as follows: — Section 1. Eeliirions societies shall ^o* to asse^ 

r- _ _ taxes on polls 

not assess taxes on the polls or estates of their members : or estates. 
jwovided, that pews may be assessed as heretofore ; and Proviso, 
no member of any territorial or other parish shall be 
personally lial)le for any debt or obligation of said parish 
hereafter incurred. 

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

Approved April 6', 1897. 

An Act to emxarge and improve the avater supply of the n}iftj^ 94.9 

TOWN OF HUDSON. ^ ' 

Be it enacted^ etc. , as foHoivs : 

Section 1. The town of Hudson may enlarge and ^af.fian'dtr'^ 
improve its system of water supply, established under water rights, 
the provisions of chapter one hundred and forty-nine of 
the acts of the year eighteen hundred and eighty -three, 
for the purposes therein named, and to effect said enlarge- 
ment and improvement may take and hold in fee, by 
purchase or otherwise, land at the south of and adjoining 
Gates pond in the town of Berlin, and may erect a dam 
to retain the waters of said pond, and the waters that 
mav flow into the same, and the enlaroed area thereof, 
together with any water rights connected therewith ; and 
may also take lands and buildings outside of the location 
of its present system of water supply, rights of adjoining 
land owners to have their cattle come to said Gates pond 
to drink, rights of said adjoining land owners to enter 
on said Gates pond to cut and carry away ice for do- 
mestic use, and all such other rights and privileges not 
already owned by said town of Hudson, the enjoyment 
and exercise of which would pollute the purity of said 
water supply, as said town of Hudson, with the recom- 
mendation and approval of the state board of health, may 
determine to be requisite for the purpose of holding and 
preserving the purity of said water supply. 

Section 2. In case said town fails to secure the lands, issp iw, §§3 

• 1 11 .1 . ^ -, • and 4, to apply 

water and water riirhts connected therewith, specined in under certain 

.1 1 • , '.' 1 1 T J 1 conditions. 

the preceding section, by purchase, and the same are 
taken by right of eminent domain, then the provisions 
of sections three and four of chapter one hundred and 



2M Acts, 1897. — Chap. 243 



forty-nine of the acts of the year eighteen hundred and 
eighty-three shall api)ly to and goyern the taking thereof 
and the payment of the damages occasioned thereby. 

^ud^«on Water SECTION 3. The town of Hudson is hereby authorized 
to issue notes, bonds or scrip, to be denominated on the 
face thereof, Hudson Water Loan, to an amount not ex- 
ceeding tifty thousand dollars in addition to the amounts 
heretofore authorized by law to be issued by said town 
for the establishment of a system of water supply ; 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 one hundred and forty-nine of the acts of 
the year eighteen hundred and eighty-three for the issue 

Proviso. of the Hudson water loan by said town : provided, that 

the whole amount of such notes, bonds or scrip issued 
by said town for the same purpose shall not exceed the 
amount of one hundred and seventy-fiye thousand dollars. 

May provide for SECTION 4. The Said town, instead of establishing a 

mentsonioan. sinking fuud as required by said act, is authorized at the 
time of contracting the loan authorized by this act to 
provide by vote for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
thirty years from the date of contracting said loan ; and 
when such vote has been passed the amount required 
thereby shall without further vote be assessed by the 
assessors of said town in each year thereafter until the 
debt incurred by said loan shall be extinguished, in 
the same manner as other taxes are assessed under the 
provisions of section thirty-four of chapter eleven of 

Proviso. the Public Statutes : provided, however, that the income 

from said water supply shall be applied annually in pay- 
ment of maturing loans, and that the deficiency only 
shall be raised by assessment as aforesaid. 

Section 5. This act shall take efiect upon its passage. 

Ap'proved April 6, 1897. 

CJian.24:3 ^^ ^^'^ "^^ limit the cost of illustrations in REl'ORTS MADE 

TO THE GOVEUNOR OR TO THE GENERAL COURT. 

Be it enacted, etc., as follows: 
iiinstrations in The Secretary of the Commonwealth and the auditor 
of accounts shall not approve the insertion of illustra- 
tions in any of the printed reports referred to in chapter 
two hundred and lifty-eight of the acts of the year eight- 



Acts, 1897. — Chaps. 2U, 24:5. 215 

een hundred and ninety-six, when the cost of the illustra- 
tions for such report will exceed the sum of five hundred 
dollars, unless special authority shall first have been 
given by the general court for illustrating such report 
at a greater cost. Approved April 6, 1897. 

An Act to authokize the city of brockton to furnish re- QJidn^^i^A 

LIEF to REBECCA C. BOOMER. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton is hereby author- widow of Ben- 
ized to furnish relief to Eebecca C. Boomer, widow of Boomer. 
Benjamin Loring Boomer who served in the United States 
army during the Mexican war, in the same manner and 
to the same extent that said city would be authorized 
to furnish relief to said widow under the provisions of 
chapter four hundred and forty-seven of the acts of the 
year eighteen hundred and ninety and acts in amendment 
thereof, if her late husband had served in the United 
States army in the war of the rebellion and been honor- 
ably discharged therefrom. 

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

Approved April 6', 1897. 

An Act relative to the furnishing of law books and blank (JJiap.245 

BOOKS FOR district AND POLICE COURTS. 

Be it enacted, etc., as folloivs : 

Section 1. Section one of chapter three hundred and amended.^ ^' 
ninety-six of the acts of the year eighteen hundred and 
ninety-three is hereby amended by striking out in the 
eleventh line, the words "all books", and inserting in 
place thereof the words : — all law books relating to the 
laws of the Commonwealth, including the reports of the 
supreme judicial court, the Massachusetts digests, all 
blank books, — so as to read as follows: — Section 1. IxJe^t^XoXA. 
The several counties, by their commissioners, shall pro- iug district aud 

• 1 •!! 1 /^iiT 1 iT^-j_ 1 police courts, 

Vide suitable places tor holdino; the several district and etc. 
police courts of the Commonwealth in the cities and 
towns where by law they are required to be held, and to 
that end said commissioners shall have authority to erect 
or hire suitable buildings or rooms and to furnish the 
same, and to provide for the heating and care thereof, 
and to do all other things incidental thereto, the expense 



21(3 Acts, 1897. — Chaps. 246, 247. 

Purchase of thei'eof to be i)aid from the county treasury- The ius- 

law books, . -i i ^ ly • t i • i i 

stationery, etc. tices aucl clerks 01 saicl courts may obtain, by purciiase 
or otherwise, all law books relating to the laws of the 
Commonwealth, including the reports of the su})rcme 
judicial court, the Massachusetts digests, all blank books, 
blanks, stationery and other incidentals required by said 
courts, the expenses of which shall be certified by the 
justices thereof monthly and transmitted to the said com- 
missioners, who shall audit the same and order payment 
thereof to the parties entitled thereto, like other demands 
against the county. 

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

Approved April 7, 1897. 

Chci7).24:6 ^^ ^^^ "^^^ AUTHORIZE THE WHITMAN MILLS TO INCREASE ITS 

CAPITAL STOCK. 

'Be it enacted, etc., as folloios : 

Sta°"tock^ Section 1 . The Whitman ]\Iills may increase its capi- 

tal stock in the manner provided l^y law for the increase 
of capital stock of manufacturing corj)orations, at such 
times and in such amounts as it may from time to time 
Proviso. determine : jwovided, that the whole amount of its capi- 

tal stock shall not exceed two million dollars. 

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

Approved April 7, 1897. 



C7lCip.24:7 -^^ ^CT RELATIVE TO COMPOSITION IN INSOLVENCY WITH THE 

CREDITORS OF MASSACHUSETTS CORPORATIONS. 

Be it enacted, etc., asfolloivs: 

1884, 236, etc., Section 1. The provisious of chapter two hundred 
and thirty-six of the acts of the year eighteen hundred 
and eighty-four, relative to composition with creditors 
in insolvency, and all acts in amendment thereof and in 
addition thereto, shall apply to all corporations organized 
under the laws of this Commonwealth and having a capi- 
tal stock divided into shares. 
itfe'^lTiot''"^"' Section 2. Nothing contained in this act shall be 
affected, bill coustrued to release anv officer or stockholder of a cor- 

Inequitymay j.- /. t , m"-j • • i xi 

be filed, etc. poratiou iroui any ]ial)ility arising under the provisions 
of sections sixty and sixty-one of chapter one hundred 
and six of the Public Statutes, but in the event of any 
such corporation applying for a discharge from its debts 



Acts, 1897. — Chap. 247. 217 

by virtue of this act any creditor may, at any time after certain liabiu. 
the filino- of the offer in composition, file a bill in equity buihfequuy^ ' 
in behalf of himself and other creditors of the corpora- '"^y »««'-'!. «*«• 
tion, against it and all persons who were stockholders 
therein at the time of the tiling of the petition in insol- 
vency by or against the corporation, or against all the 
officers liable for its debts and contracts, for the recovery 
of the sums due from the corporation to himself and the 
other creditors for which the stockholders or officers may 
be personally lia])le, by reason of any act or omission on 
its part or on that of its officers or any of them, setting 
forth the nature of his claim and the grounds upon which 
it is expected to charge the stockholders or officers per- 
sonally. In such a bill it shall not l)e necessary to allege 
or prove any judgment against the corporation or the 
return of an execution unsatisfied. If the ground upon 
which it is expected to charge the officers of the corpora- 
tion is an excess of debts above the capital stock, the 
extent of such excess shall be taken to be that existing 
at the time of the filing of the petition in insolvency by 
or against said corporation. 

Sectiox 3. If at the time of the filing of the offer in Action may be 

• .• ^ ,. 1 J i" • J -J • changed into a 

composition by any corporation under this act a suit is biii lu equity 
pending against such corporation, on behalf of any credi- ^°'=®''*^*" '^"^^^• 
tor who would be entitled to enforce a liability against 
the officers or stockholders of the corporation under the 
provisions of chapter one hundred and six of the Public 
Statutes, the plaintiff' in such suit may change his action 
into a bill in equity, making parties to the said bill the 
stockholders and officers who were such at the time of 
the filing of the petition in insolvency by or against the 
corporation, and may proceed thereafter in like manner 
as provided in section two of this act. If the ground 
upon which it is expected to charge the officers of the 
corporation is an excess of debts above the capital stock, 
the extent of such excess shall be taken to be that exist- 
ing at the time of the beginning of said suit. 

Section 4. A corporation making an offer of com- schedule of 
position under this act shall file, at the time of filing the stockhoideiB to 
schedules of assets and liabilities, a schedule of all its ^ « •«'=• 
officers and stockholders who were such at the time of 
the filing of the petition in insolvency by or against the 
said corporation, together with the holdings of stock at 
such time. 



218 Acts, 1897. — Chaps. 248, 249. 

Suit iu equity. SECTION 5. After the filing of the l)ill in equity, as 
provided in sections two and three of this act, such suit 
in equity shall proceed in the manner and subject to the 
provisions of sections sixty-live to sixty-nine inclusive, 
of chapter one hundred and six of the Public Statutes. 

'^^P^*^- Section 6. Section fifteen of chapter two hundred 

and thirty-six of the acts of the year eighteen hundred 
and eighty-four is hereby repealed. 

A2)2)roved April 7, 1897. 

Chcip.2i4iS ^^ ^C"^ TO AUTHORIZE SUBORDINATE LODGES OF THE KNIGHTS 
OF PYTHIAS UNDER THE JURISDICTION OF THE GRAND LODGE OF 
MASSACHUSETTS TO HOLD AND TRANSMIT REAL AND PERSONAL 
ESTATE AS VOLUNTARY ASSOCIATIONS. 

Be it enacted, etc., as folloivs : 

^nve^'yitaTand Section 1. Any Subordinate lodge of the Knights of 
pei-8onai estate, Pythias, duly chartered by and under the jurisdiction of 
the Grand Lodge of Massachusetts, may take, hold and 
convey real and personal estate in the name of such sub- 
ordinate lodge as a voluntary association, under such 
rules and regulations as may be framed and prescribed 
therefor by said grand lodge. 

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

Aj^proved April 8, 1897, 

Ch(Xp.24S) -^N ^CT TO ESTABLISH A BOARD OF SURVEY FOR THE TOWN OF 

ARLINGTON. 

Be it enacted, etc., as follows : 

Board of Bur. Section 1. The Selectmen of the town of Arlinirton 

shall constitute a Board of Survey for said town. 

of strfetB?etc?'* Section 2. Any person or corporation contemplating 
laying out or locating and constructing any street or way 
in said town after the passage of this act shall before be- 
ginning such construction submit to said board of survey 
suitable plans, to l)e prepared in accordance with such 
rules and regulations as said board may prescribe. Upon 
the receipt of such plans, together with a petition for 
their approval, said board shall give a public hearing 
thereon, after advertising such hearing once a week for 
two successive weeks in a newspaper published in said 
town, the last advertisement to be at least two days 
before such hearing, and after such hearin<2; said board 



Acts, 1897. — Chap. 249. 219 

may alter such plans and determine where such street or 
way shall be located, and the widths and grades thereof, 
and shall so designate on said plans. Said plans shall ^''^°**° '";''''■ 

~ , I'll proved and 

then be approved and signed by said board and filed in tiled, etc. 
the office of the clerk of said town, who shall attest 
thereon the date of such filing. 

Section 3. The board of survey shall from time to Board of survey 
time cause to be made under its direction plans of such 1° be^made^etc. 
territory or sections of land in said town as said board 
may deem necessary, showing thereon the location of 
such streets or ways, whether already laid out or not, 
as said board shall be of opinion the present or future 
interests of the public will require in such territory, 
showing clearly the directions, widths and grades of each 
street or way, and may employ such assistants and incur 
such expenses as it may deem necessary therefor, not 
exceeding the amount of money appropriated by the 
town for said purpose. Said board, before making any TogiveapubUo 
such plan, shall give a public hearing as to the locations, ^'^'^""S' ^tc . 
directions, widths and grades of streets or ways in the 
territory to be shown on the plan, after advertising such 
hearing once a week for two successive weeks in a news- 
paper published in said town, the last advertisement to 
be at least two days before such hearing, and shall, after 
making any such plan, give a like notice of hearing 
thereon, and keep the plan open to public inspection for 
one month after the first advertisement of such hearing. 
Such plan thereafter, and after the alterations deemed Plans to be 
necessary by said board have been made thereon, shall filed. 
be marked as made under the provisions of this act, shall 
be signed by said board, and after being so signed shall be 
filed in the office of the clerk of said town, who shall 
attest thereon the date of such filino-. 

Section 4. The powers of the board of selectmen certain powers 
of said town in regard to highways shall not be abridged uot^aifrwgld, 
by this act in any manner, except as provided in this ®*°' 
section, and the powers given them in this act shall be 
in addition to the powers now exercised by them. After 
the passage of this act no street or way in the town of 
Arlington, shown on any plan filed as aforesaid, shall be 
laid out, located anew, altered or widened, and no such 
street or wa}^, whether already or hereafter laid out, 
shall be constructed by any pu])lic authority, except in 
accordance with the provisions of this act. If any per- 



220 



Acts, 1897. — Chap. 249. 



Town not to 
place sewer, 
water pipes, 
etc., in certain 
ways, etc. 



Proviso. 



Town not to 
pay damages in 
certain cases. 



Appropriations, 
expenditures. 



When to take 
effect. 



son or corporation shall liereafter open for pul)lic travel 
any private way the location, direction, widths and grades 
of which have not previously been approved in writing 
by said board of survey, in the manner provided in this 
act, then neither the town nor any other public authority 
shall place any public sewer, drain, water pipe or lamp 
in, or do any public work of any kind on, such private 
way so opened to pul)lic travel contrary to the provisions 
of this act : provided, hovjever, that this provision shall 
not prevent the laying of a trunk sewer, water or gas 
main, as engineering demands may require. 

Section 5. If any Imilding shall hereafter be placed 
or erected in said town upon land within the boundaries 
of any street or way shown on any of the plans filed with 
the town clerk as herein provided, or on land adjacent to 
any such street or way, the grade of which at the time 
of placing or erecting such building is other than the 
grade shown on said plans, or on land adjacent to any 
street or way, the plan and profile of wdiich has not been 
approved by said board of survey, no damages caused to 
any building so placed or erected by the construction of 
said street or way, as shown on said plans, or caused 
to any building so placed or erected, or to the land upon 
which said building is placed or erected, by the subse- 
quent change of grade of any street or way the plan of 
which has not been approved by said board of survey, 
shall be recovered by or paid to the owner of the whole 
or any part of the estate of which the land upon which 
said building so placed or erected formed a part, from 
or by said town. 

Section 6. The said town may from time to time 
appropriate sums of money to be expended by said 
board of survey for carrying out the })rovisions of this 
act. No expenditures shall be made in excess of such 
appropriations. 

Section 7. This act shall take effect upon its accept- 
ance l)y a majority vote of the voters of said town present 
and voting thereon at a town meeting called for the pur- 
pose, or at any annual meeting of said town. 

Approved April 8, 1897. 



Acts, 1897. — Chap. 250. 221 



An Act to incorporate the billings hill cemetery associa- fJJinYt 9^0 

TION. ■'■ 

Be it enacted, etc., as foUotcs : 

Sectiox 1. Dtivid Lathrop, Frederick ^y. Latlirop, Buungsniii 
William A. Sawn, Mervin H. Pease and Edgar K. Sellew, ciation'^incor^^°' 
their associates and successors, are hereby made a cor- p°''*"®'*- 
poration by the name of the Billings Hill Cemetery Asso- 
ciation, for the purpose of acquiring, holding, managing 
and perpetuating a place for the liurial of the dead in the 
town of East Longmeadow, with all the powers and privi- 
leges and subject to all the duties, restrictions and lia- 
bilities contained in the o-eneral laws which now are or 
hereafter may be in force relating to similar corpora- 
tions. 

Section 2. Said corporation may iRirchase, acquire. May hoki cer- 

.. tiiiii real aud 

receive and hold so much of the real estate in said town peisouarestute, 
of East Lonofmeadow now held by the said town as is ^ ''' 
now included within the limits of the old cemetery, which 
is commonly called the Billings Hill Cemetery, and also 
so much of the real estate now held by the First Baptist 
Society of East Longmeadow as is now included within 
the limits of said cemetery, and may also hold additional 
real and personal estate to an amount in value not ex- 
ceeding five thousand dollars, to be applied to objects 
connected with and appropriate to the purpose of said 
organization, in addition to any amount which may be 
held by it under the provisions of section seven of this 
act. 

Section 3. Said town of East Longmeadow is hereby Town of East 
authorized, whenever said Billings Hill Cemetery Associa- may^c^mey^^ 
tion shall be duly organized, to release and convey to estate'tocor- 
said corporation, for such consideration and upon such poration. 
terms as may be agreed upon, so much of the real estate 
now held by the town as is within the said cemetery, 
provided such release and conveyance be authorized 
by a vote of the town at a meeting duly called for the 
purpose. 

Section 4. The First Baptist Society of East Long- The First 
meadow is herel)y authorized, whenever said Billings may convey 
Hill Cemetery Association shall be duly organized, to corporation. ° 
release and convey to said corporation, for such considera- 
tion and upon such terms as may be agreed upon, by a 
deed executed by the treasurer of said society in its be- 



222 



Acts, 1897. — Chap. 2.50. 



Proviso. 



Membership. 



Net proceeds to 
be applied to 
improvements, 
etc. 



Grants, be- 
quests, etc. 



Officers, sale of 
lots, etc. 



half, so much of the land owned by said society as lies 
within the limits of said cemetery : provided, that a 
majority of the (jualified voters of said First Baptist 
Society of East Longmeadow present and votin<>- shall 
vote so to do at a meeting duly warned and called for 
that purpose. 

Section 5. All persons who shall become proprietors 
of lots in any lands acquired by said cori)oration shall be 
and become members of said corporation, and whenever 
any person shall cease to be a proprietor of a lot in the 
lands of said corporation he shall cease to be a member 
thereof. 

Section G. All the net proceeds of the sales of lots 
in the lands held ])y said corporation shall be forever de- 
voted and applied to the preservation, improvement and 
embellishment, protection and enlargement of said cem- 
etery, and to the payment of the incidental expenses 
thereof, and to no other purpose. 

Section 7. Said" corporation is hereby authorized to 
take and hold any grant, donation or bequest of property, 
upon trust, to apply the same or the income thereof for 
the improvement, embellishment or enlargement of said 
cemetery, or for the erection, repair, preservation or re- 
moval of any monument, fence or other erection, or for 
the planting and cultivation of trees, shrubs or plants in 
or around any lot, or for improving said premises in any 
other manner or form consistent with the i)urposes for 
which said corporation is established, according to the 
terms of such grant, donation or bequest ; and whenever 
any such grant, donation or bequest, or any deposit of 
money, shall be made by the pro})rietor of any lot in said 
cemetery for the annual repair, preservation or eml)ellish- 
ment of such lot and the erections thereon, the said 
corporation may give to such })roprietor or his repre- 
sentative an agreement or obligation, in such form and 
upon such conditions as it may establish, binding such 
corporation and its successors to preserve and keep in 
repair said lot forever, or for such period as may be 
agreed upon. 

Section 8. Said corporation may by its by-laws pro- 
vide for such oflScers as may be necessary, and may also 
provide for the care and management of the cemetery 
and for the sale and conveyance of lots therein, and for 
the care and management of any funds which it may 



Acts, 1897. — Chap. 251. 223 

hold for the benefit and care of said cemetery, and for 
any other matters incident to the proper management of 
the corporation. 

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

Approved April 9, 1897. 



Chap.251 



etc. 



Ax Act to ArTHORizE the trustees ok the medfield insane 

ASYLUM TO ACQUIRE AN ADDITIONAL WATER SUPPLY FOR SAED 
ASYLUM. 

Be it enacted, etc., as folloios: 

Section 1 . The trustees of the Medtield insane asy- May take cer- 
ium, for the purpose of supplying said asylum with pure watei^righte, 
water for domestic and other purposes, may take, hold 
and convey to said asylum the waters of Farm pond and 
the tributaries thereof in the town of Sherborn, with any 
water rights connected therewith, and may also take and 
hold, by purchase or otherwise, any land, rights of way, 
easements and real estate, necessary for laying, construct- 
ing and maintaining pipes, aqueducts, dams and such other 
works as may be deemed necessary for collecting, purify- 
ing, storing, retaining, discharging, conducting and dis- 
tril)uting said waters, or for preserving the purity of said 
waters. 

Section 2. Said trustees shall within sixty days after Description of 
taking, for the purposes of this act, any lands, rights of be°reco*fded? 
way, water rights, water sources or easements aforesaid, 
otherwise than liy purchase, tile and cause to be recorded 
in the registry of deeds for the county and district within 
which the same are situated, a description thereof suffi- 
ciently accurate for identitication, with a statement of the 
purposes for which the same were taken. 

Section 3. Said trustees, for the purposes aforesaid, Mayccnstruct 

' , . i i ' aqueducts, dig 

may construct aqueducts and maintain the same, and may up streets, etc. 
maintain dams and any other works. Said trustees may 
also, for the purposes aforesaid, carry any pipe, drain or 
aqueduct over or under any river, water course, street, 
railroad, public way, highway or other way, in such man- 
ner as not unnecessarily to obstruct the same, and may 
enter upon and dig up such road, street or way, for the 
purpose of laying, maintaining and repairing any pipe, 
drain or aqueduct ; and may do any other thing necessary 
and proper in executing the purposes of this act, subject 
to such reasonable regulations as may be prescribed by 



224 



Acts, 1897. — Chap. 251. 



Damages. 



Penalty for 
diverting or 
corrupting 
water, etc. 



Certain rights 
of town of 
Sherborn not 
affected. 



Proviso. 



the selectmen of the town in which the roud, street or 
way is located. 

Section 4. The Common wealtli shall pay all damages 
sustained by any person or cori)oration in property l)y 
the taking of any land, right of way, water, water source 
or easement, or by any other thing done by said trustees 
under the authority of this act. Any person or corpora- 
tion sustaining damages as aforesaid under this act, who 
fails to agree with said trustees as to the amount of dam- 
ages sustained, mav have the damages assessed and de- 
termined in the manner provided by law when land is 
taken for the purpose of laying out highways, on applica- 
tion at any time within the period of two years from the 
taking of such land or other property or the doing of 
other injury under the authority of this act ; but no such 
application shall be made after the expiration of said two 
years, except an application for assessment of damages 
for the taking of any water, water right, or for any in- 
jury thereto, wdiich application shall be made at any time 
within two years after the water is actually withdrawn or 
diverted to said asylum under the authority of this act. 

Section 5. Whoever wantonly or maliciously diverts 
the water, or any part thereof, taken or held pursuant to 
the provisions of this act, or corrupts the same, or ren- 
ders it impure, or destroys or injures any dam, aqueduct, 
pipe, conduit, hydrant, machinery or other works or 
property held or used under the authority and for the 
purposes of this act, shall forfeit and pay to the Common- 
wealth three times the amount of damages assessed there- 
for, to be recovered in an action of tort ; and on conviction 
of any of the wanton or malicious acts aforesaid may 
also be punished by line not exceeding three hundred 
dollars, or by imprisonment not exceeding one year in 
the house of correction. , 

Section 6. Nothing in this act shall be construed as 
debarring the town of Shcrl)orn from acquiring at any time, 
when authorized so to do, a water supply from Farm pond 
or its tributaries: provided, however, that said town, 
when so authorized, shall not in any manner interfere with 
the pipes, dams, aqueducts or other works established by 
this act. 

Section 7. This act shall take effect upon its passage. 

Approved Ap)ril 9, 1897. 



Acts, 1897. — Chaps. 252, 253, 254. 225 



An Act to authorize the town of Lexington to refund a fjhn.^f ^5^ 

SUM OF MONEY TO ELIPHALET S. AVETHERKEE 

Be it enacted, etc., as folloius : 

Section 1. The town of Lexington may refund to May refund a 
Eliphalet S. Wetberbee such sum of money on account toEUphTeTs. 
of taxes overpaid by said Wetberbee to said town as the wetheibee. 
voters of said town shall by a vote at a legal town meet- 
ing determine. 

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

Approved April 9, 1897. 

An Act relative to the compensation of janitors of ar- (Jfidr) 253 

MORIES. 

Be it enacted, etc., as follows: 

Section 1. There shall annually be paid out of the Janitors of 
treasury of the Commonwealth to each company of the pLus°a'tk.n.°°'^' 
Massachusetts volunteer militia the sum of one hundred 
and twenty-live dollars for the services of the janitor of 
the armory of such company : jjrovided, hoivever, that PioviBo. 
such sum shall not be paid to a company occupying an 
armory for the care of which the Commonwealth already 
pays the janitor. 

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

Approved April 9, 1897 . 

An Act to provide for the further protection of trees Qhfyj) ^,54 

AND FOB THE PREVENTION OF FIRES IN WOODLANDS. 

Be it enacted, etc., as follows : 

Section 1 . Any town at a meeting duly warned for Towns may 
the purpose may accept the provisions of this act, and un- sSoF'thu 
til such acceptance is revoked in a similar manner shall '*°*'®*'^" 
thereupon be entitled to the privileges and subject to the 
requirements of this act. 

Section 2. The selectmen of such town shall annually Forester to be 
appoint a forester for such term, not exceeding one year, ''''p"'" ^ •^*^* 
as they may determine, and may at any time in their dis- 
cretion remove him from said office, and shall fill any 
vacancy in the same. Said forester shall have charge of 
'all trees within the limits of a highway, public way or 
square in such town, and shall exercise all the powers and 
be subject to all the restrictions granted to and imposed 



226 



Acts, 1897. — Chap. 254. 



To enforce cer- 
tain provisions 
of law. 



To be chief 
forest firewaril, 
etc. 



upon tree wardens by chapter one hundred and ninety of 
the acts of the year eighteen hundred and ninety-six. 

Section 3. It shall be the duty of such forester to en- 
force all provisions of law relating to the setting out, cul- 
tivation and preservation of shade, ornamental or forest 
trees, including all provisions contained in chapter one 
hundred and sixty-three of the acts of the year eighteen 
hundred and eighty-two, chapters one hundred and twenty- 
three and one hundred and fifty-seven of the acts of the 
year eighteen hundred and eighty-five, chapter one hun- 
dred and ninety-six of the acts of the year eighteen hun- 
dred and ninety, chapter four hundred and three of the 
acts of the year eighteen hundred and ninety-three, and in 
all acts in addition thereto and in amendment thereof. 

Section 4. The forester in any town shall be the chief 
forest fire ward in such town, and shall appoint such deputy 
forest fire wards as he shall deem expedient. He shall 
choose from among them an assistant chief, who shall take 
the place and perform the duties of the forester at any 
forest fire when said forester is absent, and he may at any 
time discharge any of such deputies and appoint others in 
their place. Such forester shall have sole control of the 
management of any forest fires which may occur within 
the limits of such town, and shall have and exercise per- 
sonally, or by his deputies, all the powers and duties 
granted to or imposed upon forest firewards by sections 
two and three of chapter two hundred and ninety-six of 
the acts of the year eighteen hundred and eighty-six and 
acts in amendment thereof and in addition thereto. 

Section 5. The forester and deputy forest firewards 
to asBist in Slip, in auv towu mav at anytime when, in their iudijment, 

presBing fares, ,, • n ^ c t. n. r\ i 

etc. there is danger from a forest nre, call upon any male per- 

son in such town between the ages of eighteen and fifty to 
assist in suppressing or preventing such fire, and may re- 
quire the use of such wagons, horses and other articles of 
property adapted to that purpose as they may deem expe- 
dient. Each deputy shall keep a correct account of the 
time of all persons working and a schedule of all property 
used under his direction at any forest fire. 

Fusln * to^^assfs't SECTION 6. Any person wilfully refusing or neglecting, 
' without good and sufficient cause, to furnish assistance 
when called upon under the provisions of the preceding 
section, or to allow the use of wagons, horses or other 
articles of property when required as aforesaid, shall be 



May call upon 
certain persons 



etc. 



Acts, 1897. — Chap. 254. 227 



punished by a line of not less than five dollars or more 
than one hundred dollars for each offence, one half of such 
tine to be paid to the complainant and one half to the 
town, and may, in addition to such fine, be imprisoned in 
the jail or in the house of correction for a period not ex- 
ceedino; sixty daj^s. 

Section 7. It shall be the duty of said forester and belXuToVrV 
of his deputies to take precautions to prevent the im- ''ro^^g^^'of ""^ 
proper setting or progress of fires, and, when a fire is fires, etc. 
observed in his town, immediately to summon such assist- 
ance as they may deem necessary, to proceed at once to 
the scene of the fire, and, if -possible, to extinguish it. 
They shall cause to be posted at suitable places warnings 
asainst the settino^ of fires, and a statement of the law re- 
lating thereto, such notices to be printed in large letters, 
upon cloth, and to be furnished by the selectmen at the 
expense of the town. Whoever wantonly tears down or 
defaces any notice posted under this act shall be fined ten 
dollars. 

Section 8. Payment shall be made to town foresters compensation 

-...■.T*^. 1. ,■ !!• of foresters, etc. 

and to their deputies, and to persons working under his 
or their direction at a forest fire, and for property used 
under the provisions of section five of this act, at such 
rates as the town may prescribe, or, in the absence of 
action by the town, as the selectmen may determine. No 
payment shall be made under this section until the person 
claiming compensation shall have rendered an itemized 
account, approved by the forester or by the deputy under 
whose direction the work was done or the assistance fur- 
nished ; such account to be left on file with the officer mak- 
ing the payment. 

Section 9. Whoever builds a fire on any lands not Peuaity^for^^ 
owned or controlled by him shall, before leaving the fires.etc. 
same, totally extinguish such fire, and upon failure to do 
so shall be deemed guilty of a misdemeanor, and shall be 
punished by a fine not exceeding one hundred dollars, one 
half of such fine to be paid to the complainant and one 
half to the town, or by imprisonment in the county jail 
not exceeding one month, or by both such fine and im- 
prisonment. Whoever wilfully or negligently sets a fire 
on any land not owned or controlled by him, whereby 
property is injured or endangered, or who wilfully or 
negligently suffers any fire upon his own land to escape 
beyond the limits thereof, to the injury of another, shall 



228 



Acts, 1897. — Chap. 254. 



Fires not to be 
set in tlio open 
air between 
certain dates 
witliout permis- 
sion. 

Penalty. 



Public notice to 
be given, etc. 



Certain provi- 
sions of law to 
continue in 
force. 

Appropriations, 
expenditures. 



May talie cer. 
tain woodland, 
etc. 



be punished ])y a fine not exceeding one hundred dollars, 
one half of such tine to be paid to the complainant and 
one half to the town, or by imprisonment in the county 
jail not exceeding one month, or by both such fine and 
imprisonment, and in addition thereto shall be liable to 
the person injured for all damages that may be caused by 
such fire. 

Section 10. Between the first day of April and the 
first day of October in each year no fire shall be set in the 
open air on any land in any town which accepts the pro- 
visions of this act, except upon the written permission of 
the forester or of one of his deputies. Whoever violates 
the provisions of this section shall be punished by a fine 
not exceeding one hundred dollars, one half of such fine 
to be paid to the use of the complainant and one half to 
the town, or by imprisonment in the county jail not ex- 
ceeding one month, or by both such fine and imprison- 
ment. It shall be the duty of the forester to cause public 
notice to be given of the provisions of this section, and 
he shall see that the same are enforced ; and for any wil- 
ful failure so to do he shall be himself liable to the penal- 
ties provided in this section. All provisions of law now 
existing relating to the illegal burning of property and to 
the penalties therefor shall continue in force. 

Section 11. Any town accepting the provisions of 
this act may raise and appropriate for the prevention of 
forest fires or the spread thereof, such sum as it may deem 
expedient, not exceeding in any year one tenth of one per 
cent, of the assessed valuation of such town ; such sum, 
in addition to all fines received under the provisions of 
this act, to be expended by the forester, under the super- 
vision of the selectmen, in trimming out brush from exist- 
ing wood roads, or in preparing and preserving suital)le 
lines for back-firing, or in such other ways as may seem 
best adapted for preventing or checking the spread of fires. 

Section 12. Any town which accepts the provisions 
of this act may expend any portion of the sums raised or 
received under the provisions of the preceding section, in 
taking, in the name of the town, such portions of wood- 
land as the selectmen, upon the recommendation of the 
forester, may deem expedient. Such taking, and the pay- 
ment of damages for any taking or injuring of property 
other than by fire or back-firing, shall be governed by 
the provisions of law relating to the taking of land for 
highways. Approved April 9, 1897. 



Acts, 1897. — Chaps. 255, 25G, 257. 229 



An Act to authorize the town of methuen to maice an addi- Cjl^fjYt '•X^K 

TIONAL WATER LOAN. ^' 

Be it enacted^ etc. , as folloios : 

Section 1. The town of Methuen, for the purpose Methuen water 
of extending and completing its system of water works, 
may issue notes or bonds from time to time as it may 
deem necessary, to an amount not exceeding twenty-five 
thousand dollars in addition to the indebtedness already 
authorized for water purposes. Said notes or bonds shall 
bear on their face the words, Methuen Water Loan, shall 
be payable at the expiration of periods not exceeding 
thirty years from the date of issue, and shall be issued 
upon the conditions and in the manner set forth in chapter 
three hundred and ten of the acts of the year eighteen hun- 
dred and ninety two. 

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

Ap^yroved A2)ril 9, 1897. 

An Act to authorize the employment of a messenger in the /^7i/v^j 25(i 

treasury department. "' 

Be it enacted, etc. , as follows : 

Section 1. The treasurer and receiver general may Messenger iu 
employ in his department a messenger, who shall receive pTAmeut. ^' 
a salary not exceeding nine hundred dollars a year. 

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

Approved April 9, 1897. 

An Act to provide clerical assistance for the treasurer of rii^fj/y^ 9/^7 

THE county of PLYMOUTH. ^ "^ 

Be it enacted, etc., as follows: 

Section 1 . The treasurer of the county of Plymouth clerical assist- 
shall be allowed for clerical assistance a sum not exceed- ^ 
ing three hundred dollars a year, to be so allowed from 
the first day of January in the year eighteen hundred and 
ninety-seven, and to be paid out of the treasury of the 
county to persons who actually perform the work, upon 
the certificate of said treasurer, countersigned by the 
county commissioners, that the work has been actually 
performed 1)y such person. 

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

A2J2iroved April 9, 1897. 



230 



Acts, 1897. — Chaps. 258, 259. 



Chci7),25S ^ ^^'^ "^^ AUTHORIZE THE TOWN OF GARDNER TO INCUR INDEBT- 
EDNESS BEYOND THE LIMIT FIXED BY LAW, FOR SCHOOL PUR- 
POSES. 



May incur 
indebtedness 
beyond debt 
limit. 



M.ij- issue 
notes, etc. 



Not to be con- 
sidered in de- 
termining debt 
limit. 



Certain provi- 
sions of law to 
apply. 



Be it enacted, etc., as follows: 

Section 1. The town of Gardner, for the purpose of 
purchasing or acquiring laud for the location of a new 
high school house and for the purpose of erecting and 
furnishino- such high schoolhouse and grading the grounds 
around the same, may incur indebtedness to an amount 
not exceeding fifty-five thousand dollars. 

Section 2. The said town of Gardner is hereby au- 
thorized to issue, for the indebtedness incurred under 
this act, the negotia])le notes of the town, payable in 
such annual payments as the selectmen and town treas- 
urer may determine, and which shall extinguish said in- 
debtedness in thirty years from the passage of this act. 

Section 3. The indebtedness incurred under this act 
shall not be considered or reckoned in determining the 
authorized limit of indebtedness of the town of Gardner 
under the provisions of section four of chapter twenty- 
nine of the Public Statutes and acts in amendment 
thereof 

Section 4. Except as herein otherwise provided the 
provisions of chapter twenty-nine of the Public Statutes 
and of chapter one hundred and twenty-nine of the acts 
of the year eighteen hundred and eighty-four shall apply 
to the issue of said notes. Approved April 9, 1897. 



Chap.2i5^ An Act to incorporate the greendale village improvement 

SOCIETY. 



Greendale 
Village Ira- 
provonient 
Society incor- 
porated. 



Be it enacted, etc., as follows: 

Section 1. Harry G. Krum, Oakley S. Walker, 
Arthur G. Warren, Fred S. Clark, Roland Libby, 
Albert E. Mixer, Edwin F. Moody, Frank H. Lincoln, 
Harry W. Humes, Luta Belle Lincoln, Annie A. Stevens, 
Susie T. Krum, Anna E. Forbush, Helen M. Dudley, 
Charles M. Edwards, Robert Taylor, Carrie W. Bath, 
Francis D. Leonard, Lewis J. Terrill, Emma L. Edwards, 
C. H. Ellsworth, Marion F. Dexter, Elbridge C. Gilmore, 
Thomas Severs, A. B. Stevens, Charlotte U. Tougas, 
Alice G. Bullard, Abby R. Jennison, Naomi S. Parkhurst, 
Alfred Ahlstrom, Frank H. Bullard, George S. Tillotson 
and John Bath, all of Worcester, in this Commonwealth, 



Acts, 1897. — Chap. 259. 231 

and their associates and successors, are hereby made a Greendaie 
corporation by the name of the Greendaie Village Im- piovemJu?' 
provement Society, for the purpose of constructing, re- porlted!'"^"'^' 
pairing and maintaining sidewalks and crossings in the 
public streets, planting and protecting shade trees by the 
roadsides, ornamenting and caring for public grounds and 
parks in the village of Greendaie in the city of Worcester, 
under the direction and subject to the approval of the 
officers of said city of Worcester having charge of the 
streets and sidewalks thereof. Said corporation shall also 
have power to hold, maintain, improve and ornament 
any park, grove or other lands in said village of Green- 
dale, of which said corporation may become possessed 
by purchase, gift or otherwise, and to preserve natural 
scenery, curiosities and places of historic interest in said 
village, with all the powers and privileges and subject to 
all the duties, restrictions and liabilities set forth in all 
general laws w^iicli now are or may hereafter be in force 
applicable to such corporations and not inconsistent with 
this act. 

Section 2. Said corporation shall consibt of not less Membership. 
than thirty members, all of whom shall be residents of the 
city of Worcester. 

Section 3. The management and control of the prop- Trustees, eiec- 
erty and affairs of said corporation, subject 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^ however, that at the first election four trustees Proviso. 
shall be elected for one year, four for two years and four 
for three years. Said trustees shall elect annually from 
their number a president, a treasurer and a clerk, who 
shall serve until their successors are elected and qualitied. 
The treasurer shall ffive such bonds as the trustees direct. 
In the case of a vacancy on the board of trustees from any vacancies. 
cause such vacancy may be filled at any regular or special 
meeting of the corporation, or in case of vacancy in the 
offices of president, treasurer or clerk said vacancy may be 
filled at any regular meeting of the trustees, or at any 
special meeting, provided that notice has been duly given 
of the intention to proceed to the election of an officer or 
officers to fill such vacancies at such special meeting. In 
the choice of members of the corporation and of the board 
of trustees, or of the above-named officers, no distinction 
shall be made on account of sex. 



232 



Acts, 1897. — Chap. 259. 



By-laws. 



Proviso. 



May obtain and 
hold certain 
lands, etc. 



Proviso. 



Grants, be- 
quests, etc. 



Treasurer to 
file copy of 
report annually. 



Section 4. Said corporation may adopt such by-laws 
as it deems l)ost for carrying out tlie purposes thereof, and 
said board of trustees may make such by-laws for their 
government as they may see fit : provided, however, tliat 
such by-laws shall contain nothing inconsistent with the 
provisions of law or of this act. 

Section 5. Said corporation may obtain by purchase, 
gift or otherwise, lands in that part of the cit}^ of Worces- 
ter known as Grcendale, not exceeding twenty-five acres 
in extent, and may hold, develop and administer the same 
for park and pleasure purposes, and may establish and 
maintain thereon suitable places for a reading room, a 
library, and for social meetings, and may erect on said land 
a building or buildings suitable for said purposes : ^J/'O- 
vided, that the public shall have free access to said lands 
and parks, under reasonable regulations to be approved 
by the city council of said city, but shall not have the 
right of access to said buildings. 

Section 6. Said corporation may receive and hold for 
the purposes aforesaid any grants, donations or bequests, 
under such conditions and rules as may be prescri])ed in 
such grants, donations and bequests, if not inconsistent 
with the provisions of law or of this act ; and in the ab- 
sence of conditions attached to any grants, donations or 
bequests all funds thus received shall be held in trust, 
the income only to be expended for the general purposes 
of the corporation as above-provided ; and such grants, 
donations or bequests, whether in real estate or personal 
property, not exceeding ten thousand dollars in value, in 
addition to the land, not exceeding twenty-five acres in 
extent, held under the provisions of section five, shall be 
exempt from taxation so long as administered for the pub- 
lic purposes herein set forth. 

Section 7. The treasurer of the corporation shall in 
the month of January in each year file a copy of his report 
with the treasurer of said city of Worcester, showing the 
income of the corporation and the purposes for which all 
sums were expended during the preceding year. 

Section 8. This act shall take effect upon its passage. 

Approved April 10, 1897. 



Acts, 1897. — Chaps. 260, 261, 262. 233 



An Act to establish the office of assistant clerk of the (^Jjfjj^ 0«A 

THIRD district COURT OF EASTERN MIDDLESEX. "' 

Be it enacted, etc. , as folloics : 

Section 1. The clerk of the third district court of ^^^6°?'^"^ 
eastern Middlesex may, with the written approval of the pointed. 
justice of said court, appoint an assistant clerk of said 
court, who may be removed at any time by the justice of 
said court, and who shall be subject to all the provisions 
of law applicable to assistant clerks of courts, and perform 
all duties prescribed therefor. 

Section 2. Said assistant clerk shall receive an annual compensation. 
salary of one thousand dollars, to be paid in the same man- 
ner as the salary of the clerk of said court is now paid. 

Section 3. Chapter three hundred and seventy of the Repeal, 
acts of the year eighteen hundred and ninety-three is 
hereby repealed. Approved April 10, 1897. 

An Act relative to the decoration of memorial hall in ri'kffr,-. OPA 

THE state HOUSE. ^ "^ 

Be it enacted, etc., as follows : 

So much of chapter three hundred and ninety-four of Memodli Xn 
the acts of th'e year eighteen hundred and eighty-nine as in state house. 
requires the advertisement of proposals for the remainder 
of the work upon Memorial Hall in the state house is 
hereby repealed. The state house construction commis- 
sioners are authorized, if they deem it desirable, to ofi'er 
premiums for designs for the treatment of the decorations 
of said hall. Approved April 10, 1897. 

An Act to authorize savings banks and institutions for (7^^t).262 
savings to invest in the bonds of the boston, revere 

BEACH and LYNN RAILROAD COMPANY. 

Be it enacted, etc., as follows : 

Section 1. When the first mortgage indebtedness to investments of 
the amount of three hundred and fifty thousand dollars, ga^ngsVa^nks, 
now existing upon that portion of the railroad of the ^**'- 
Boston, Revere Beach and Lynn Eailroad Company lying 
between Boston and Lynn in this Commonwealth, and 
maturing on the fifteenth day of July in the year eighteen 
hundred and ninety-seven, shall have been discharged, 
savings banks and institutions for savings in this Com- 



234 Acts, 1897. — Chaps. 263, 264 

monwealth ma}' invest their deposits and the income de- 
rived therefrom, in the l)onds of said company issued 
according to law, notwithstanding the existence of the 
present mortgage indebtedness, not matured, upon that 
part of its raih'oad, franchise and property, formerly 
belonging to the Boston, Winthrop and Shore Railroad 
Company. 

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

Approved April 10, 1897. 

ChCtp.^iGS -^N -^CT TO PROVIDE FOR CLERICAL ASSISTANCE IN THE THIRD 

DISTRICT COURT OF liRISTOL. 

Be it enacted, etc., asfolloivs: 

SsTancef*" Section 1. The clcrk of the third district court of 

Bristol shall be allowed for clerical assistance, upon his 
certificate that the work was actually performed and was 
necessary, with the time occupied and the name of the 
person by whom the work was performed, such sums, not 
exceeding five hundred dollars in any one year, as the 
county commissioners for the county of Bristol by a writ- 
ing signed by them may approve. Said sums shall l)e 
paid monthly from the treasury of said county to the 
person employed. 

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

Approved April 10, 1897. 

CJiap.2G4: An Act relative to the abolition of grade crossings of rail- 
roads AND PRIVATE WAYS. 

Be it enacted, etc. , as follows : 

1890, 428, to Section 1. The provisions of chapter four hundred 

ings of private aud twcnty-eight of the acts of the year eighteen hundred 
grade'.^ '''' ^ and ninety, entitled "An Act to promote the abolition 
of grade crossings ", and of the several acts in amendment 
thereof and in addition thereto, shall apply to the cross- 
Proviso. ings of private ways and railroads at grade: provided, 

however, that the entire cost, damage and expense of 
abolishing such crossings, except in cases where the pri- 
vate way is changed or discontinued in connection with 
the abolition of the grade crossing of a public way, shall 
be apportioned to and paid ])y the railroad corporation. 
Section 2. This act shall take effect upon its passage. 

Approved April 10, 1897. 



Acts, 1897. — Chap. 265. 235 

An Act relative to the licensing of gas fitters and to the /^^^^ o/ir 

SUPERVISION OF the BUSINESS OF GAS FITTING IN THE CITY OF -^ * 

BOSTON. 

Be it enacted, etc., as follows : 

Section 1. No person, firm or corporation shall en- Licensing of 
gage in or work at the business of gas fitting in the city It'c. 
of Boston after the first day of October in the year eight- 
een hundred and ninety-seven, either as employer or as 
a journeyman, unless such person, firm or corporation has 
received a license therefor in accordance with the provi- 
sions of this act. The word "journeyman", as used in 
this act, shall be deemed to mean one who personally 
does any gas fitting or any work in connection therewith 
which would be subject to inspection under the provisions 
of this act. 

Section 2. Every person, firm or corporation desir- certain persons, 

etc to [)(* PX!- 

ing to enorao;e in the business of gas fitting in the city of amined as to 
Boston Shalt make application therefor to the building i"^"fl<=^«°°«- 
commissioner, and shall, at such time and place as may 
be designated by the board of examiners hereinafter pro- 
vided for, to whom such application shall be referred, be 
examined as to his qualifications for such business. 

Section 3. The board of examiners shall consist of Board of 

. . . . n examiners. 

the building commissioner, the chairman of the board of 
health, who shall be ex officiis members of said board and 
serve without compensation, and a third member, to be 
chosen hj the board of health, who shall be a practical 
gas fitter of at least five years' continued practical ex- 
perience during the years next preceding the date of 
appointment. Said third member shall be chosen within 
thirty days after the passage of this act, for a term ending 
on the first day of May in the year eighteen hundred and 
ninety-eight, and thereafter annually ; and he shall be 
allowed a sum not exceeding five dollars for each day of 
actual service, to be paid from the treasury of the city of 
Boston. 

Section 4. Said board of examiners shall, as soon as Examination of 
may be after the ai)pointment of said third member, meet ^^^ *'''^° ^' 
and organize by the selection of a chairman and clerk, and 
shall then designate the times and places for the examina- 
tion of all applicants desiring to engage in or work at the 
business of gas fitting in the city of Boston. Said board ' 

shall examine said applicants as to their practical knowl- 



236 



Acts, 1897. — Chap. 265. 



Fees for 
liceneee. 



Inspectors of 
gas fitting, 
appointment, 
qualifications, 
etc. 



To display 
license number. 



Xo piping, fit- 
ting or repairing 
to be done 
without permit, 
etc. 



edge of gas fitting, shall submit the applicant to some 
satisfactory form of practical test, and, if satisfied of the 
competency of the applicant, shall so certify to the build- 
ing commissioner, who shall thereupon issue a license to 
such applicant, authorizing him to engage in or work 
at the business of gas fitting, first requiring him to register 
in the office of the said ))uilding coumiissioner his name, 
place of business or residence, license number, date of 
examination, and in what capacity licensed. In case of a 
firm or corporation, the examination of one member of the 
firm, or of the manager of the corporation, shall satisfy 
the requirements of this act. The fee for the license of 
any employing gas fitter shall be two dollars, and for a 
journeyman, fifty cents ; and said license shall continue 
in force until revoked or cancelled, but shall not be 
transferable. 

Section 5. The building commissioner shall appoint, 
after the first day of October in the year eighteen hundred 
and ninety-seven, such a number of inspectors of gas fit- 
ting as the board of examiners may from time to time 
determine. Said inspectors shall be practical gas fitters 
of at least five years' continued practical experience, and 
shall, before appointment, be subject to an examination 
before the civil service commissioners. The compensa- 
tion of said inspectors shall be determined by the build- 
ing commissioner, subject to the approval of the mayor ; 
and such inspectors shall hold office until removed by said 
commissioner, with the approval of the mayor, for mal- 
feasance, incapacity or neglect of duty. Said inspectors 
shall inspect all new work relating to gas fitting in new 
and in old Imildings, the connections and use of such 
work, and shall report all violations of this act or of any 
act or ordinance relating thereto, which now exists or may 
be hereafter enacted or ordained ; and they shall also per- 
form such other appropriate duties as may be required by 
the building commissioner. 

Section 6. Every licensed gas fitter shall display his 
license number conspicuously at his place of business. 

Section 7. On and after the first day of October in 
the year eighteen hundred and ninety-seven no l)uilding 
shall be piped or fitted for gas, nor shall any repairs be 
made in such piping or fittings, nor fixtures placed, unless 
a permit shall be granted therefor by the building com- 
missioner. Every licensed gas titter desiring to perform 



Acts, 1897. — Chap. 265. 237 

any work relating to piping or fitting a building for gas, 
or to repair gas piping or fittings, or to place fixtures 
therein, shall file an application therefor at the office of 
the building commissioner, giving the correct location, 
name and address of the owner, the intended use and 
material of the building, and a full and complete state- 
ment of the work proposed and material to be used, and 
shall, if required by said building commissioner, furnish 
a plan thereof, which shall be subject to his approval. 
All materials used and work performed under the provi- Materials used, 

etc to 1)G Slll)« 

sions of this section shall be subject to such regulations ject'to certain' 
as shall be made by the board of health and the ^building •■*=s"i'^''°°^- 
commissioner. 

Section 8. No gas pipe which may be introduced into Placing of gas 
any building shall be let into the timbers, beams or girders, Ingrrestricted, 
unless the same is placed within thirty-six inches of the ^^°' 
end of said timber, beam or girder, and in no buildino^ 
shall the said pipes be let into the timbers, beams or 
girders, more than two inches in depth. No person shall 
disconnect or remove any gas meter, except the duly au- 
thorized representative of the gas company owning such 
meter. 

Section 9. All gas brackets shall be placed at least Placing of gaa 
three leet below any ceihng or woodwork, unless the 
same is properly protected by a shield, in which case the 
distance shall not be less than eighteen inches. Nothing 
in this act shall be construed to afiect the operations of 
any gas company upon its own premises or upon its mains 
and service pipes. 

Section 10. The board of health of said city by its Gas fixtures 

. , 111/* j« jj« •;! ././ and appliauces 

inspectors shall irom time to time, as it deems proper, to be inspected. 
inspect the gas fixtures and appliances in any building ^"^' 
and shall make such requirements relating thereto as it 
deems the public health requires, and the owner of such 
building shall comply with such requirements. 

Section 11. Any person violating any of the provi- Pe°ai'y- 
sions of this act shall be deemed guilty of a misdemeanor, 
and shall be subject to a fine of not exceeding one hun- 
dred dollars for each ottence, and if such person has 
received a license under this act his license may be re- 
voked by the building commissioner. 

Section 12. The building commissioner shall include Annual report. 
in his annual report to the city council a report of the pro- 
ceedings of the building department under this act, and 



238 



Acts, 1897. — Chap. 26G. 



Repeal. 



When to take 
effect. 



shall include therein a report of the board of examiners 
appointed under this act, giving their proceedings during 
the year ending on the first day of February. 

Section 13. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 14. This act shall take effect upon its pas- 
sage, except so far as is hereinbefore otherwise provided. 

Approved April 10, 1897. 



Chap 



Aseietant pro- 
batiou officers 
may be ap- 
pointed. 



Duties. 



Term of office, 
liability for 
neglect, etc. 



Repeal, etc. 



.266 -^^ -^^^ RELATIVE TO THE APPOINTMENT OF AVOMEN AS ASSISTANT 
PROBATION OFFICERS IN THE MUNICIPAL COURT OF THE CITY OP 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The chief justice of the municipal court 
of the city of Boston may appoint two women to act as 
assistants to the probation officer, under the jurisdiction 
of said court, and may, subject to the approval of the in- 
stitutions commissioner of said city, determine their com- 
pensation, which shall be paid from the treasury of the 
county of Suffolk upon vouchers approved by said justice 
and said commissioner. 

Section 2. It shall be the duty of said assistant pro- 
bation officers to investigate the cases of all women against 
whom a criminal charge is brought in said court, and to 
perform such other duties as may be required of them by 
the justices of said court. 

Section 3. Said assistant probation officers shall hold 
office during the pleasure of said court, and shall be liable, 
for refusal or neglect to perform their duties, to the pen- 
alty specified in section eight of chapter three hundred 
and fifty-six of the acts of the year eighteen hundred and 
ninety-one. 

Section 4. Chapter two hundred and seventy-six of 
the acts of the year eighteen hundred and ninety-two is 
hereby repealed, but the assistant probation officer now 
holding office under said act shall continue to serve as one 
of the two probation officers provided for by this act until 
removed in accordance with law. 

Section 5. This act shall take effect upon its passage. 

Apjjroved April 10, 1897. 



Acts, 1897. — Cmips. 267, 268. 239 



An Act to incorporate the veteran firemen's association nhfm 0(\-7 

OF SPRINGFIELD, ■^"' 

Be it enacted, etc., as follows. • 

Section 1. The present members of the voluntary veteran rire. 

. , . -, ,1 ■ /» , • 1 ' r» men's Associa- 

association known as tne veteran fare men s association oi uon of spring- 
Springfield, Massachusetts, their associates and succes- porlted°'^' 
sors, are hereby made a corporation by the name of the 
Veteran Firemen's Association of Springfield, for the pur- 
pose of promoting friendly intercourse among its members 
and of assisting members thereof when sick, disabled, or 
retired for other reasons from active service, and for the 
purpose of assisting the families of deceased members. 
Said corporation 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 hereafter may be in force 
relating to such corporations : pi^ovtded, that said corpora- Proviso. 
tion shall not be subject to the laws relating to life insur- 
ance companies, shall not be required to make a return to 
the insurance commissioner, and shall not be summoned 
as trustee in any action or process against any person or 
persons who may hereafter be entitled to assistance from 
said corporation under the by-laws thereof or under the 
provisions of this act. 

Section 2. Said corporation for the purposes afore- Grants, devisee, 
said shall have power to receive grants, devises, bequests 
and donations, and may hold real and personal estate to 
an amount not exceeding one hundred thousand dollars. 

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

Approved April 10, 1897. 



etc. 



An Act to authorize the city of taunton to extend its f^j-„rY^ 9(iQ 

SYSTEM of sewerage. < ""^ 

Be it enacted, etc. , as follows : 

Section 1 . In addition to the authority conferred by May take cer. 
chapter two hundred and nineteen of the acts of the year ^^ater^'rights, 
eighteen hundred and ninety-five the city of Taunton is ®'^°" 
hereby authorized, through its board of sewer commis- 
sioners, to take, for the purposes named in said act, by 
purchase or otherwise, any land, water rights, rights of 
way or easements in the town of Berkley : provided, how- Proviso. 
ever, that any land taken for the purpose of a system of 
sewerage or sewage disposal in said town of Berkley, by 



240 



Acts, 1897. — Chap. 268. 



System and 
location to be 
approved by 
state board of 
health. 



May carry its 
sewers, drains, 
etc , under 
streets, etc. 



City of Taunton 
to be liable for 
damages. 



Proviso. 



Description of 
lauds, etc., to 
be recorded. 



virtue of this act, shall l)e located within a radius of one 
mile from the junction of the Assonct Neck road, so-called, 
and the road leading westerly therefrom to Peter's Point, 
so-called. 

Section 2. No act shall be done under authority of 
the preceding section until said system and location have 
been approved by the state board of health, after due 
notice by said board of the presentation to it of such 
system for its approval, by a publication of such notice 
with the time and place of a hearing thereon, in such 
paper or papers, and at such time or times, as said board 
may deem proper, and by an othcial notice in writing to 
the selectmen of the said town of Berkley ; and said board, 
after such hearing, may reject such system, may approve 
it or may modify and amend the same, and approve it as 
so modified and amended. 

Section 3. Said city may, for the purpose of this act, 
carry its sewers, drains and sewage force mains under any 
street, highway or other way, in such a manner as not 
unnecessarily to obstruct the same, and may, in the town 
of Berkley, enter upon and dig up such street, highway 
or other way, for the purpose of laying, maintaining and 
repairing any such sewers, drains or force main, and may 
enter upon and dig up any private land and do any other 
thing necessary or proper in executing the purposes of 
this act. The city of Taunton shall be liable under this 
act for all damages occasioned by it, in the same manner 
as provided by section thirty of chapter twenty-seven of 
the Public Statutes, where water is brought through an- 
other city or town, and the city of Taunton shall also for- 
ever save harmless and indemnify the town of Berkley 
from all costs, damages or expenses which the town of 
Berkley may sutler or be compelled to pay by reason of 
any action brought against said town of Berkley under 
section eighteen of chapter fifty-two of the Public Stat- 
utes, or any act in amendment thereof: 2^^'ovided, the 
injury to person or damage to property is caused by the 
negligence of the city of Taunton while 
the authority of this act. 

Section 4. When any lauds, water rights, rights of 
way, easements or other real estate are to be taken by 
said city of Taunton, under and by virtue of this act, in 
any manner other than l)y purchase, said city shall file 
and cause to Ije recordecl in the registrv of deeds for 



acting under 



A.CTS, 1897. — CHAr. 269. ^41 



I'lnent, etc., 



Bristol county, northern district, a description of the 
same sufficiently accurate for identification, with a state- 
ment of the purpose for which the same is taken ; and 
upon such tiling the title to the lands, water rights, rights 
of way, easements or other real estate so described shall 
vest in said city. 

Section 5. Said city shall T)ay all damacres sustained ^pi"' 

•/ I •/ t - ^ or (Ian 

by any person or corporation in property by reason ot 
such taking, and any person or corporation sustaining 
damages as aforesaid, who fails to agree with said city 
as to the amount of damages sustained, may have such 
damages assessed and determined in the manner provided 
by law^ when land is taken for the laying out of highways. 

Section G. Said city of Taunton shall not pay any city of Taunton 
tax to the town of Berkley for land taken or purchased annual payment 
under and by virtue of this act, or for any improvements Berkk-y" 
therein in preparing said land as a filter bed and for sew- 
age disposal, l)ut, in lieu thereof, shall hereafter annually 
in the month of September pay to said town of Berkley 
an amount of money equal to the rate of taxation per 
thousand dollars in said toAvn of Berkley for the then 
current year, ui)on a valuation of twenty dollars for each 
and every acre of land so taken or [)urchased under and 
by virtue of this act, and upon the value of buildings 
erected thereon, to be ascertained by the assessors of said 
town of Berkley, less any discount which may be allowed 
in any such year by said town of Berkley for voluntary 
payment of taxes, and said city shall pay interest from 
and after the first day of October in any year in which 
such amount is not paid during the month of September 
of such year : jJrovided, however, that any land from which Proviso. 
any revenue in the nature of rent is received from any 
person occupying or using the same shall be subject to 
taxation. 

Section 7. This act shall take efiect upon its passage. 

Approved April 10, 1897. 

An Act to authorize tue purchase of street railways and QJi(xp.2()Q 

THE CONSOLIDATION OF STREET RAILWAY COMPANIES IN CERTAIN 
CASES. 

Be it enacted, etc. , as folloius : 



Section 1. A street railway company incorporated ^.^^j'J"^" 



street 



y coni- 



under the laws of this Commonwealth may purchase the paniesmnycon 



eolidate, etc. 



242 



Acts, 1897. — Oh ap. 270. 



ProviBOB. 



May increase 
capital stock, 
iBsue bonds, 
etc. 



ProvlBO. 



Powers, duties, 
liabilities, etc. 



franchise and property of anotlier such coni[)any whose 
railway connects with, intersects or forms a continuous 
line with its own, or may consolidate with such other 
company ; and such other company may sell and convey 
its franchise and property to, or may consolidate with, 
such tirst mentioned company : provided, that no such 
purchase and sale or consolidation shall be valid or l)ind- 
ing until the terms thereof have been agreed to by a ma- 
jority of the directors and approved at meetings called for 
the purpose, by the vote of at least two thirds in interest 
of the stockholders of each of the contracting companies, 
and have also been api)roved as lawful and consistent with 
the public interest by the board of railroad commissioners 
in the manner provided by law ; provided, also, that the 
facilities for travel on each of the railways of the said 
companies shall not be diminished or the rates of fare 
increased. 

Section 2. The purchasing or consolidated company 
may, subject to the approval of the board of railroad com- 
missioners in the manner provided by law, increase its 
capital stock and issue l)onds to an amount necessary for 
the purposes authorized in the preceding section, and may 
exchange its securities for those of the selling or merged 
company on terms approved as aforesaid : provided, that 
the aggregate amount of the capital stock and del^t of the 
two contracting companies shall in no case l)e increased 
})y reason of such purchase and sale or consolidation. 

Section 3. The purchasing or consolidated company 
shall have and enjoy the powers and privileges, and shall 
be subject to the duties, liabilities and restrictions, of the 
company selling or merged as aforesaid. And no right 
to carry on the express business or to be common carriers 
of goods and merchandise shall be allowed over any loca- 
tion where it has not already been granted. 

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

Approved April 10, 1S97. 



Chap.270 ^^ ^^'^ '^^ AUTHORIZE THE TOWN OF DEDHAM TO CONSTRUCT A 
SYSTEM OF SEWERAGE AND TO PROVIDE FOR THE PAYMENT OF 
THE COST THEREOF. 

Be it enacted, etc., as follows : 

Section 1. The town of Dedham is hereby authorized. 



May constnict 
system of 
sewerage, etc. 



through a board of connnissioners to be elected as herein- 
after provided, to lay out, construct, maintain and operate 



Acts, 1897. — Chap. 270. 243 

a system or .systems of main drains and common sewers 
for a j)art or the wliole of its territory, and sucli connec- 
tions and other works as may be required for a system of 
sewaire disposal for said town ; and said board, for the May lay main 

' ,. • 1 • 1 J i f j_i 1 • /• drains, etc. 

purpose ot providnig better surtace or other drainage tor 
Siwy part or parts of said town, guarding against polhition 
of waters, and otherwise protecting the public health, may 
lay, malic and maintain such main drains as they deem 
best, may deepen, widen and clear of obstructions any 
brook, stream or water course within the limits of said 
town, and straighten, alter or divert the courses or chan- 
nels thereof. 

Section 2. Said board shall consist of three commis- Board of sewer 
sioners, to he called the J^oard ot Sewer Commissioners eiecUoD, terms, 
of the Town of Dedhain, who shall l)e citizens and resident;' 



s 



etc. 



in said town and shall ))o elected by said town by ballot 
at a special meeting or at an annual meeting ; one com- 
missioner to hold office for one year, one for two years 
and one for three years from the date of the annual town 
meetin": next succeeding the date of his election, or until 
his successor is elected and qualified ; 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 qualified. If a vacancy occurs in said board Vacancy. 
said town may at a meeting called for the purpose elect a 
person duly qualified 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 eti-!*"^"^ "^' 
by purchase or otherwise any lands, water rights, rights 
of way or easements in said town, public or private, of 
any persons or corporations, necessary for the establish- 
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 water 
courses, and may construct such main drains and sewers 
under or over any water course, bridge, railroad, highway, 
boulevard or other way, and may enter upon and dis: up May dig up 
any })ri\'ate land, street or wa}'-, for the purpose of laying etc. 
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 Description of 
fee, water rights, rights of way or easements otherwise than be recorded. 



2U Acris, 1897. — CiiAi*. 270 



by purchase or agroement, .shall cause to be recorded in the 
registry of deeds for the county of Norfolk a statement 
signed I)y a majority of said board, containing a descrip- 
tion thereof as certain as is required in a conveyance of 
land, and specifying therein that the same are taken under 
Damages, etc. 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 
Dedham, which shall pay all damages therefor, such pay- 
ment to be made out of the appropriation for construction 
of main drains and sewers. Said board at the time of 
such taking shall notify the owners thereof in writing, and 
may agree with the person or corporation injured uj^on 
the damages sustained by any such person or corporation 
for any taking of property or rights for the pur[)oses 
aforesaid, and if the damages are not agreed upon a jury 
in the superior court for said county may })o had u[)on 
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 ; l)ut no suit or 
petition shall be brought after two years from the date of 
the recording of the taking a3 herein provided. 
Jspecifie'cLuur Section 5. In every case of a petition for the assess- 
as damages, etc. ment of damages or for a jury said town may at any time 
tile in the office of the clerk of said court an oft'er in writ- 
ing to pay the petitioner a sum specitied therein as dam- 
ages ; and if said petitioner does not accept the same 
within ten days after notice of such ofler, and does not 
finally recover a sum greater than that oflcred, not inchid- 
ing interest from the date of offer on the sum so recovered, 
the town shall recover costs from the date of said notice, 
and the i)ctitioner if he recover damages shall ])e entitled 
to costs only to said date. 
^f'TSetc"*"" Section 6. The town of Dedham shall l)y vote deter- 
mine what proportion of the cost of said system or sys- 
tems of sewerage and sewage disposal said town shall 
rrovisoB. pay : ^^roivVZet?, that it shall not pay less than one third 

nor more than one half of the whole cost. The remain- 
ing cost of said systems shall be l)orne by the owners of 
estates situated within the territory embraced by it and 
benefited thereby, l)ut no estate shall be deemed to be 
benefited unless or until a sewer is constructed into which 
it can be drained. The owners of such estates shall be 
assessed by said commissioners their proportional parts 



Acts, 1897. — Chap. 270. 245 

respectively of such portion of the total cost of said sys- Pn.visoB. 
terns as is not borne by the town as above-provided. Such 
proportional parts shall be based upon the estimated aA^er- 
age cost of all the sewers composing said systems, and 
shall be assessed by a fixed uniform rate according to the 
frontage of such estate on any street or way in wdiich 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 town ; jwovided, that said 
board shall, on the written request of any such owner, 
made within said three months, apportion such assessment 
into such number of equal parts or instalments, not ex- 
ceeding 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 cent, 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 been so added, 
unless sooner paid as hereinafter provided, and provided, 
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 i"ate of six per cent, 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 assessors, 
who shall preserve a record thereof. In cases of corner 
lots and lots a])utting on more than one sewered street 
the same area shall not be assessed more than once. 

Section 7. An assessment made under section six Assessment to 
shall constitute a lien upon the estate, which shall con- upon estate, ei*^' 
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 instalment 
is committed to the said collector of taxes ; and said 
assessment, if not paid Avithin three months after service 
of said notice, or, if apportioned, within throe months 



contnic't. 



24G Acts, 1897. — Chap. 270. 

after any part has become due, may, together with inter- 
est tliereon at the rate of six per cent, per annum, with 
incidental costs and expenses, he levied hy said collector 
by sale of such estate or so much thereof as sliall be suffi- 
cient to dischariic the assessment and interest and inter- 
veninu charges. Such sale and all proceedings connected 
therewith sliall be conducted in the same manner as sales 
for the non-})ayment of taxes ; and real estate so sold 
may be redeemed the same as if sold for the non-payment 
May be col- of taxcs, and lu thc same manner. Such assessments or 
HctioTi of "" parts thereof may also be collected by an action of con- 
tract, in the name of the town of Dedhain against the 
owner of said estate, brought at any time within three 
years after the same has become due. 
Persons ag- Section 8. Any pcrsou ao-o-rieved by such assessment 

yneved may , • i • i V . /. 

apply loi a may, at any tune withm three months atter 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 
da^'^s' 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 specitication he 
shall Ije confined before the jury. 
SfLoan^''''''"'" Section 9. The town of Dedhain, for the purpose 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 t\vo hundred thousand 
dollars ; and the del)t and loan authorized by this act, and 
the notes, bonds or scrip issued therefor, shall not be con- 
sidered or reckoned in determining the authorized limit 
of indebtedness of said town under the provisions of sec- 
tion four of chapter twenty-nine of the Public Statutes 
and of acts in amendment thereof or in addition thereto. 
Such bonds, notes or scrip shall bear on their face the 
words, Dedhain Sewerage Loan, shall be payable within 
periods not exceeding forty years from the issuing of such 
bonds, notes or scrip respectively, and shall l)ear interest 
payable semi-annually at a rate not exceeding five per 
cent, per annum. Said bonds, notes or scrip shall be 
signed by the treasurer of said town and shall be counter- 
signed by a majority of the selectmen. The said town 
may sell such securities or any part thereof, from time to 
time, at public or private sale, or pledge the same for 



Acts, 1897. — Ch.vp. 270. 217 



money borrowed for the purposes of this act : 2^'>'ovide(l, P"»^'^" 
that they shall not be sold or pledged for less than the 
par value thereof; and the proceeds thereof shall be re- 
tained in the treasury, and the treasurer shall pay there- 
from the expenses incurred for the purposes aforesaid. 

Section 10. Said town instead of establishinsf a sink- May provide 
ing fund may, at the time of authorizing said loan, })ro- ments^on'ioan." 
vide for the payment thereof in such annual proportionate 
payments as will extinguish the same within the time pre- 
scribed in this act ; and w hen such vote has been passed 
the amount required thereby, less the amount that may 
be approjH-iated therefor as provided in the following sec- 
tion, shall without further vote be assessed by the assessors 
of said town in each year thereafter until the debt incurred 
by said town shall be extinguished, in the same manner 
as other taxes are assessed under the provisions of section 
thirty- four of chapter eleven of the Public Statutes. 

Section 11. The receipts from assessments and pay- payment of 
ments made in lieu thereof under this act shall, after de- •"^"•"'c. 
ducting all charges and expenses for and incident to the 
maintenance and ojieration of said systems of sewerage, 
be ap})lied tirst to the pa3'ment of the interest upon said 
bonds, notes or scrip issued under authority ot this act, 
not otherwise provided for, and the balance shall be set 
apart for the payment or redem])tion of said bonds, notes 
or scri}), or for the payment of the further extension of the 
system or systems of sewerage herein authorized to be 
laid out and constructed by said town, as the said town 
shall vote, and shall be used for no other purpose. If the 
receipts from said assessments and payments made in lieu 
thereof, in any 3'ear, not appropriated for the construction 
and maintenance of sewers as aforesaid, shall be insuffi- 
cient to pay the interest on said bonds, notes or scrip, 
and the principal as it falls due, then, in such case, said 
town shall raise forthwith by taxation, in the same manner 
as money is raised and appropriated for other town pur- 
poses, such sum as will meet said requirements. 

Section 12. Said board of commissioners shall annu- oierkand 

. superintendent, 

ally appoint a clerk, and may appomt a superintendent appointment, 
of sewers, neither of whom shall be one ot their own mini- ^ 
l)er, and may remove said clerk or superintendent at their 
pleasure. The compensation of said clerk and superin- 
tendent and of said commissioners shall be fixed by said 
town. 



248 Acts, 1897. — Chap. 270. 

u-;<!;l?e,';^.'°"' Section 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, 
l)ut no contracts shall be made or obligations incurred l)y 
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. 
n/i^.H^^u'riCgu- Section 14, Said board of commissioners may pre- 
iati..n^<,iic. scribe rules and reaulations for the connectino; 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 and regulations shall be published 
not less than once a week for four successive weeks in 
some newspaper published in said town of Dedham, and 
shall not take effect until such publication has been made. 
with se'wJiB'of Section 15. Said board of commissioners may enter 
Hyde Park, etc. jj^^o ail agreement with the town of Hyde Park for the 
disposal of such sewage as cannot be conveniently con- 
veyed from any portion of the town of Dedham by gravity 
flow to the main valley sewer authorized to be constructed, 
maintained and operated by the provisions of chapter four 
hundred and six of the acts of the year eighteen hundred 
and ninety-iive, and may make such connections with the 
sewers now or hereafter to be constructed by said town 
of Hyde Park as may be required for such disposal, upon 
such terms as may be agreed upon between said towns ; 
and for that purpose may enter upon and dig up any 
street or way in said town of Hyde Park, and may take 
by purchase or otherwise any lands, rights of way or ease- 
ments in said town necessary for the jiurpose of making 
such connections. 
sioiiHoV'iliw'to Section K!. The provisions of chapter fifty of the 
"'''''^" Piil)lic Statutes and of acts in amendment thereof, and of 

chai)ter two hundred and forty-tive of the acts of the year 
eighteen hundred and ninety-two, so fiir as ap])licable and 
not inconsi.stent with this act, shall apply to the town of 
Dedham in carrying out the provisions of this act. 
effect" etc^"''^ SECTION 1 7 . This act sliall take effect u) )on its passage ; 
but no expenditure shall be made and no liability incurred 
under the same unless this act shall first be accepted l)y 
vote of a majority of the legal voters of said town of 



Acts, 1897. — Chap. 271. 219 



Dedham present and voting thereon at a legal meeting 
called for that ])urpo8e within three yearn from the date 
of its passage. And the said town may elect said board 
of sewer commissioners, as provided in section two, at tlie 
same meeting at which it accepts this act. 

Apiiroved April 10, 1897. 

An Act to further kkgulate thk transportation ok spirit- /^/,^>v 071 

UOUS AND intoxicating LIQUORS INTO NO-LICENSE CITIES AND ^ '." 

TOWNS. 

Bt; it enacted, etc., as foUoivs : 

Section 1. All spiritnous or intoxicating liquors to Transportation, 
be transported for delivery to or in a city or town where cati'ig liquors 
licenses of the tirst tive classes have not been granted, ["tiL^and""^'' 
when to be transported for hire or reward, shall be de- t"^"^- 
livercd by the seller or consignor to a railroad corpora- 
tion or to a person or corporation regularly and lawfully 
conducting a general express business, in vessels or pack- 
ages })lainly and legibly marked on the outside with the 
name and address, by street and number, if there be such, 
of the seller or consignor, and of the })urchaser or con- 
signee, and with the kind and amount of liquor therein 
contained. Delivery of such liquors or any part thereof, 
either by a railroad corporation or by a person or corpora- 
tion regularly and lawfully conducting a general express 
business, or by any other person, to any person other 
than the owner or consignee whose name is marked by 
the seller or consignor on said vessels or packages, or at 
any other place than thereon marked, shall be deemed to 
be a sale by any person making such delivery to such per- 
son in the place where such delivery is made. 

Section 2. Every railroad cor])oration or i^erson or Record of re- 
corporation regularly and lawfully conducting a general iivery to be 

1 • . . • '•j_ ' i '• i* kept, etc. 

express busniess, receivmg spirituous or intoxicating 
liquors for delivery, or actually delivering intoxicating 
liquors to any person or place in a city or town described 
in section one of this act, shall keep a book, and plainly 
enter therein the date of the reception by it or him of each 
vessel or package of such liquors received for transporta- 
tion, and a correct transcript of the marks provided for 
by this act, and the date of its delivery by it or him, and 
the name of the person to whom delivered, shall be signed 
to the same as a receipt ; and said book shall at all times 



2r)0 Acts, 1S97. — diAr. 272 



in°pec«on"of" '><' <4"'" t<^ tlic iiispcctiou of tlio ofBceus named in section 
(•iitiiii. otiu.iH, Hftecn of chapter three hundred and ninety- seven of the 
acts of the year eighteen hinuhcd and ninety-six.. Such 
oflicors shall not maivc jmblic the infonnation ohtaincd by 
such inspection exce})t in connection witli the enforcement 
of law. 
u^lTmnT^'il-' Section 3. All vessels or packages containing intoxi- 
seized, etc. fating llcjuors addressed contrary to the provisions of this 
act, or to a tictitious person, or to a person uidcnown or 
who cannot be found, may be seized ])y any officer author- 
ized to serve criminal process, and shall, with the licjuor 
contained therein, be declared forfeited to the Common- 
wealth. 
xot to solicit Section' 4. No person shall solicit in the territory of 

orders, etc. _ % . . • i • 

a city or town described in section one ot this act orders 
for or purchases of intoxicating litjuors. 
'■'"'"'' Section 5. Any person who violates any of the pro- 

visions of this act shall be liable to the penalties jn-ovided 
in chapter one hundred of the Public Statutes and in acts 
in amendment thereof. 

Section G. This act shall take etfect upon its })assage. 

Approved April 10, 1897. 

Ch(ip.'2i72i An Act kelative to the ueturn to vhisox of prisoneks who 

HAVE VIOLATED THE CONDITIONS OK TUEIK RELEASE. 

Jic it enacted, etc., as follons : * 

Certain prison Whcu a permit crrautcd by the commissioners of prisons 
'■ondiiiuii^ of jukj authorizino; the release of any i)rist)ner in the state 

release may Ik; . P j. • r ' ^1 T\ I 1 

arrested, etc. prisou, tlic reiormatory prison tor women, trie i\las.sacnu- 
setts reformatory, or in any jail or house of correction, 
has been revoked liy said commissioners, they may issue 
an order authorizing the arrest of the holder of said yjer- 
mit and his return to the place of imjn-isonment from 
which he was released. Said order of arrest miy be 
served by any otficer authorized to serve criminal or civil 
process in any county in this Commonwealth. If the per- 
son for whose arrest said order is issued is confined in 
any prison, service of such order may be made upon his 
release therefrom ; and the time between the revocation 
of said })ennit and his return to the })lace of his original 
imprisonment shall not be taken to be any j)art of the 
term of the sentence under which he was given the permit 
so revoked. Approved April 10, 18f)7. 



Acts, 1897. — Chaps. 273, 274. 2 



D. 



An Act kelative to marking the CARRvtNG capacity ok (JJiQpJ^I"^ 

LIGHTERS OR OTHER VESSELS KM1"L<)VF.1> IN TRANSroRTING 
STONE, GRAVEL OR SAN P. 

Be it enacted, etc., asfoHoics: 

Section 1. Every lighter or other vessel employed Hy"?l!^^-ta^r''" 
in transporting' stone sold by weight, or in transporting ^,j^,':^ed*etc! 
gravel or sand, shall be marked in the manner prescribed 
by section fourteen of chapter sixty-nine of the Public 
Statutes, or the weight which such lighter or other vessel 
is capable of carrying shall ))e indicated as follow^s : — By 
bavins: iu the hold of such lighter or vessel, at each end 
thereof, and as near as practicable to the extremities of 
the space where the cargo is usually carried, a glass tube 
with a stopcock at the bottom ; said tube shall be mounted 
upright u})on a scaleboard of metal or wood, having 
thereon marks or figures so arranged as to indicate the 
weight of the cai"o when the water in the tul)e shall reach 
the bottom of a figure or mark on the scalel)oard. 

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

Approved April 10, 1S97. 

An Act relative to the apportionment of seaver assess- QJicif).274: 

MENTS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter ninety-seven of et^'araelded. 
the acts of the year eighteen hundred and ninety-one, as 
amended by chapter three hundred and eighty of the acts 
of the year eighteen hnntlred and ninety-three, is hereby 
amended by inserting in the second line, after the word 
" council ", the words : — and in towns which by vote of 
the legal voters at a town meeting called for the purpose, 
— so as to read as follows : — tSection 1. In cities which Apportionment 

, J/.J1 'J '1 -i • A I'll j_ ,. of wewer assess- 

by vote of the city council, and m towns which l>y vote oi ments iu cities 

the legal voters at a town meeting called for the purpose, 
accept the provisions of this act, if the owner of real estate 
therein within thirty days after notice of a sewer assess- 
ment thereon, or of any charges made for entering or 
using any public sewer, notities in writing the board of 
assessors to apportion the same, said board shall appor- 
tion the same into such number of equal parts, not exceed- 
ing ten, as said owner shall in said notice state. The 
assessors shall add one of said parts with interest to the 



252 Acts, 1897. — Chaps. 275, 276. 

annual tax of said real estate for each year next ensuing 
To conKtitiit.' a uiitil all Said parts have been so added. Such assessments 
e8't"te!'etc!'^'' or charges, or appoi-tionuients thereof shall constitute a lien 
upon the real estate, and may be collected according to 
the provisions of law made for the collection of taxes upon 
real estate. All liens for the collection of such assess- 
ments or charges shall continue until the expiration of two 
years from the time when the last instalment is committed 
to the collector, and interest shall be added to all such 
i^roviso. assessments or charges until they are paid : provided, that 

nothing herein contained shall be construed to prevent the 
payment at any time in one payment of any ])alance of 
said assessments or charges then remaining unpaid, not- 
w^ithstanding a prior ap|)ortionment. 

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

App7'ove(l April 10, 1897. 

QJian.^iir) ^^N -'^CT TO enable AVOMEX to become MP:MBRHS 01-' THE NEW 

ENGLAND HISTOKrC GENKALOGICAL SOCIETY. 

Be it enacted, etc., as follows: 

ZZxZnn^' '"' The New England Historic Genealogical Society, a cor- 
meinbeiHhiii. poratiou organized under the laws of this Commonwealth, 
may admit women to meml>ership, subject to such restric- 
tions as the by-laws of said corporation may from time 
to time impose. Approved April 10, 1897. 

Chai).27(] ^^ ^'^'^ '^^ PKRMIT THE RELOCATION OF A CERTAIN HKiHWAY 
OVER THE LAND OF THE TRUSTEES OF THE WESTBOROUGH IN- 
SANE HOSPITAL. 

Be it enacted, etc., as follows: 

naYcatiroVa'' Section 1. Thc trustccs of the Westborough insane 
[!^.[]^'"' '"^''' hospital are hereby authorized to ])ermit the relocation of 
the highway leading over land of the said trustees, past 
the buildings of the Westborough insane hospital, over 
other land of the said trustees, in such place and accord- 
ing to such plan as the said trustees may approve. And 
the Massachusetts highway commission may relocate and 
build said highway during the year eighteen hundred 
and ninety-seven, and may pay for building the same out 
of any funds that may hereafter be authorized to be ex- 
pended by said commission. 

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

Ap2iroved April 14, 1897. 



way 



Acts, 1897. — Chaps. 277, 278. 253 



An Act to kxtend the powers ok the blue hill evangelical (7^rt?j,277 

SOCIETY. 

Be it enacted^ etc., as follows: 

Section 1. The Blue Hill Evanirelictil Society may May take and 
take and hold real and personal estate for the i)urpose of per'sJuai estate. 
establishing and maintaining a free piiljlic reading room 
and library, and for other benevolent, philanthropic or 
educational purposes. 

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

Apin'oved April 14, 1897. 

An Act to authorize the city ok Cambridge to take certain (JJiavJ^iiS 

RIGHTS, privileges, PROPERTY AND EASEMENTS OK THE KITCH- 
BURG RAILROAD COMPANY AND OTHERS NEAR KKESII I'OND IN 
CAMBRIDGE. 

Be it enacted, etc., as folloivs : 

Section 1. The city of Cambridge, in addition to the May take ami 
powers and authority hitherto given and conferred in the ri't'htK?priv!- 
establiahment, enlargement and })reservation of its water ^''^^''' '^^"• 
supply, and especially for the better preservation of the 
purity of the waters of Fresh Pond in said Cambridge, 
at any time within two years from the passage of this act 
may take and hold by purchase or otherwise all the rights, 
privileges, property and easements which the Fitchburg 
Kailroad Company have in and to any land, real estate 
and locations hitherto granted to and accpiired by said 
railroad company in Caml)ridge, included within the area 
of lands hitherto taken, now owned in fee or otherwise 
and controlled by said city in, under and around Fresh 
Pond, within the boundaries hereinafter described, and 
also any and all the rights, privileges and property of 
any and all other persons or corporations in and to any 
land, rights of way, easements and real estate now cov- 
ered by and included in such or other railroad locations 
now or heretofore existing in Cambridge as aforesaid, and 
lying within the territory bounded as follows, to wit: — 
Southeasterly by the Watertown branch of the Fitchl)urg 
railroad ; northeasterly by Concord avenue ; northwesterly 
by the boundary line between said Cambridge and the 
town of Belmont ; and southwesterly by Huron avenue. 

Section 2. Said city shall, within sixty days after ^f,^'^'"'};,'^.''"^"^ 
taking for the purposes of this act any lands, rights, be recorded, 

6bC* 



254 Acts, 1S97. — Ciiai-. 278 



DeBcriptioii of privileges, property and easements, as herein i)r()vided, 
be iccoide'a, otherwise than by purchase, tile and eause to he recorded 
in the registry of deeds for the southern district of Mid- 
dk'scx county a copy of the record of the })rocecdings of 
said taking, with a statement of the purpose for which che 
same were taken, which statement shall l)e signed l>y the 
mayor ; and said proceedings of taking may be had and 
made by one act of taking of any and all raih'oad loca- 
tions, rights, privileges and easements as aforesaid of the 
said Fitchburg Railroad Company, and of all other per- 
sons and corporations within said boundaries, and the 
description as aforesaid of said boundaries shall be suffi- 
cient for the identification of the property taken ; and 
within said sixty days said city shall cause a notice of 
such taking to be sent by mail to the president of the 
Fitchburg Railroad Company and to be j^ublished in some 
one newspaper published in said Cambridge, and also hi 
some one newspaper published in Boston in the county 
of Suffolk, once a week for three successive weeks. 
Damages. Section 3. Said city shall be liable to pay all dam- 

ages sustained in property by any person or corporation 
l)y reason of the taking of any land, right or easement, 
or by any other thing done by said city under the author- 
ity of tliis act. If any one sustaining damages as afore- 
said does not agree with said city upon the amount of said 
dauiage he may within two years from such taking, and 
not afterwards, apply by petition for an assessment of the 
danmge to the superior court in the county in which the 
property taken or damaged is situated. Such petition 
may be iiled at any time within said two years in the 
office of the clerk of said court, who shall thereupon 
issue a summons to said city, returnable at tlie next re- 
turn day after the expiration of fourteen days from the 
tiUng of the petition. The summons shall be served four- 
teen days at least before the day on which it is returnable, 
by leaving a copy thereof and of the petition, certitied by 
the officer who served the same, with the clerk of said city, 
and the court may u[)on default or hearing of said city ap- 
point three disinterested persons, who shall, after reason- 
able notice to the parties, assess the damages, if any, which 
such petitioner may have sustained as aforesaid, and the 
award of the persons so appointed, or a major part of 
them, being returned into and accepted by the court shall 
be final, and judgment shall be rendered and execution 



Acts, 1897.— Chap. 278. 255 



issued thereon for the prevailing party, with costs, unless 
one of the parties claims a trial by jury, as hereinafter 
provided. 

Section 4. If either of the parties mentioned in the Parties diB. 
precedino; section is dissatisfied with the amount of dam- have danlagL 
ages awarded, as herein provided, such party may, at the ^^'y'^'etc.''^ '^ 
sitting of the court at which said award was accepted, or 
at the next sitting thereafter, claim in writing a trial in 
said court, and thereupon all questions of fact relating 
to such damages shall be heard and determined, and the 
amount of damages assessed by a jury at the bar of said 
court ; and the verdict of the jury being accepted and 
recorded by the court shall be tinal and conclusive, and 
judgment shall be rendered and execution issued thereon, 
and costs shall be recovered by the parties respectively ; 
and all the aforesaid proceedings and matters shall be had 
and determined in the same manner as is provided by law 
in regard to proceedings relating to the laying out of 
highways. 

Section o. In every case of a petition to the superior city nuiy tender 

,,. 1^ c -I •11-j.i'j.a specified sura 

court lor an assessment ot damages as provided in this act as'iiimages.eic. 
the said city may tender to the petitioner or his attorney 
any sum, or may liring the same into court to be paid to 
tlK3 petitioner for the damages by him sustained or claimed 
in his petition, or may in writing ofier to be defaidted and 
that damages may be awarded against it for the sum therein 
expressed ; and if the [)etitioner does not accept the sum 
so ofi'ered or tendered, with his costs up to that time, l)ut 
proceeds with his suit, he shall be entitled to his costs to the 
time of such tender or payment into court or otfer of judg- 
ment, and not afterwards, unless the amount recovered by 
him in such action exceeds the amount so tendered. 

Section 6. All the riirhts, powers and authority given Kxerciseof 
to the city of Cambridge by this act shall be exercised by etc., by city. 
said city, subject to all duties, liabilities and restrictions 
herein contained, in such manner and by such agents, 
officers and servants as the city council shall from time 
to time ordain, direct and appoint. 

Section 7. The expense of the land taken or pur- rayni.ntuf 
chased as aforesaid, and of improving said land by grad- ^' 
ing or altering, shall be met and paid out of the proceeds 
of loans authorized or that may be authorized for the pur- 
poses of water supply. 

Section 8. This act shall take effect upon its passage. 

Approved April 14, 1897. 



256 



Acts, ISDT. — Chap. 279. 



Chnp.27^ An Act making apfkc 

KOIi THE SOLDIKUS' III 



'KOPKIATIONS KOIt THE DECENNIAL CENSUS, 
lOME IN MASSACHUSETTS AND FOIt CERTAIN 
OTHEK EXPENSES AUTHORIZED 11 V LAW. 



Be it enacted^ etc., asfolloivs: 

Appropriations, Section 1. The suuis hcrciiijiftor mentioned are ap- 
})r()priated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, except as herein 
otherwise provided, for the purposes specified in certain 
acts and resolves of the present year, to wit : — 

For the decennial census, as authorized l)y chapter 
seventy-one of the acts of the present year, a sum not 
exceeding thirty thousand dollars. 

For the purchase of books for the state library, as au- 
thorized by chapter one hundred and fourteen of the acta 
of the present year, the sum of fifteen hundred dollars, 
the same to be in addition to any amount heretofore 
ap[)ropriated for the same purpose. 

For expenses incurred in carrying out the provisions 
of the act relative to concentrated commercial feed stuffs, 
as authorized by chapter one hundred and seventeen of 
the acts of the present year, the sum of twelve hundred 
dollars. 

For the widow of Charles O. Brady, as authorized by 
chapter three of the resolves of the present year, the sum 
of fifty-eight dollars and six cents. 

For the children of the late Edward N. Eobbins, as 
authorized by chapter four of the resolves of the present 
year, the sum of seven hundred and fifty dollars. 

For Lemuel Burr, as authorized by chapter five of the 
resolves of the present year, the sum of one hundred and 
fifty dollars. 

For additional copies of the report of the state board 
on docks and terminal facilities, as authorized by chapter 
six of the resolves of the present year, the sum of thir- 
teen hundred eighty-eight dollars and sixty-five cents. 

For George E. Merry, as authorized by chapter seven 
of the resolves of the present year, the sum of one hun- 
dred and seventy-five dollars. 

For printing additional copies of the manual of the 
general court, as authorized by chapter eight of the re- 
solves of the present year, a sum not exceeding four hun- 
dred and fifty dollars. 



Decennial 
ceneuB. 



Purchase of 
books for state 
library. 



Concentrated 
commercial 
feed stuffs. 



Widow of 
Charles O. 
Brady. 



Children of 
Edwin N. 
Robbins. 



Lemuel Burr. 



Report on 
docks and 
terminal 
facilities. 



George E. 
Merry. 



Manual. 



Acts, 1897. — Chap. 279. 257 



For George O. Bent, as authorized by chapter nine of bIdi.*^*'*^" 
the resolves of the present year, the sum of three hun- 
dred and sixty dollars. 

For furnishing two buildings at the Massachusetts school ^^^ho''^i''J'o'rthe^ 
for the feeble-minded, as authorized by chapter ten of the feebleminded. 
resolves of the present year, a sum not exceeding five 
thousand dollars. 

For the Trustees of the Soldiers' Home in Massachu- Tmstees of the 
setts, as authorized by chapter thirteen of the resolves of 
the present year, the sum of thirty-five thousand dollars. 

For the family of the late B. Alden Nourse, as author- Family of b. 
ized by chapter fourteen of the resolves of the present 
year, the sum of seven hundred and fifty dollars. 

For the Massachusetts Agricultural College, as author- Massachusetts 
ized by chapter fifteen of the resolves of the present year, coiiege. 
a sum not exceeding twelve thousand dollars. 

For re])airs to the trainino- ship Enterprise, as author- Training ..hip 
ized by chapter seventeen oi the resolves ot the present 
year, a sum not exceedinoj fifteen thousand dollars. 

For expenses in connection with the codification of the Cudification of 
election laws, as authorized by chapter eighteen of the 
resolves of the present year, the sum of five hundred 
dollars. 

For furnishing and equipping the new buildings of the ^{fJ^^^J^'/f^f** 
Massachusetts hospital for epileptics, as authorized by epileptics. 
chapter nineteen of the resolves of the present year, a 
sum not exceeding twenty-two thousand seven hundred 
and fifty dollars. 

For printing the special report of the board of agri- terJ^°nati'on of 
culture on the extermination of the gypsy moth, as au- the gypsy moih. 
thorized by chapter twenty of the resolves of the present 
3'^ear, a sum not exceeding three hundred dollars. 

For the expense incurred Ijy the secretary of the Com- Purchase of 
monwealth in the purchase of parchment, the sum of ^'''*^ 
seven hundred and sixty-five dollars. 

For printing and bindino; the records of the Massachu- Revolutionary 
setts troops of the period of the revolution, as authorized 
by chapter one hundred of the resolves of the year eight- 
een hundred and ninety-one, the sum of four hundred 
and fifty-seven dollars and two cents. 

For the Northwest Middlesex Teachers' Association, as ^°^j^^^^^^* 
authorized by chapter one hundred and fifty-four of the Teach.is' 
acts of the present year, the sum of twenty-five dollars, *"""'' '""' 
which is hereby made payable from the moiety of the 



Executive 
stenographer 



258 Acts, 1S97. — Chaps. 280, 281. 

income of the Massachusetts School Fund applicable for 

educational pur})oses. 
bSfeL'to^ For clerical assistance and such other expenses as may 

MasHjuhuHctis ]^q neccssarv in {;arryini; out the provisions of the act for 

soldierH. /.i> mt ^ it <• 

the payment or bounties to Massachusetts soldiers irom 
the treasury of the Commonwealth in certain cases, as 
authorized by chapter one hundred and seventy-nine of the 
acts of the present year, a sum not exceeding one thousand 
dollars, and for the payment of such bounties as may be 
found to be due, a sum not exceeding twent^^-tive thousand 
dollars. 

For the services of a stenographer for the executive de- 
partment, as authorized by chapter one hundred and 
eighty-eight of the acts of the present year, the sum of live 
hundred dollars, the same to be in addition to any amount 
heretofore appropriated for the same purpose. 

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

Approved April 14, 1897. 

Chap.2S0 An Act relative to the time of appointment of officers 

AND THE terms OF OFFICE OF THE COUNCILLORS AND CENSOKS 
OF THE MASSACHUSETTS MEDICAL SOCIETY. 

Be it enacted, etc., as follows : 

MM8achurett« SECTION 1 . The couucillors of the Massachusetts INIed- 

Medicai Society ical Soclcty may appoint officers, under the provisions of 

Officers?"""* section three of chapter one hundred and twenty-three of 

the acts of the year eighteen hundred and two, at such 

meeting of the councillors either preceding or succeeding 

the annual meeting of the said society, as the society may 

hy its rules and by-laws determine. 

Terras of office. SECTION 2. The tci'ms of office of the councillors and 

censors annually elected by the district societies, into which 

the Massachusetts Medical Society is divided, may begin 

at such times as shall be fixed by the rules and by-laws of 

the said Massachusetts Medical Society. 

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

Approved April 14, 1S97. 

ChaV.2S\ -^^ ^^'^ ^^ ESTABLISH A CERTAIN BOUNDAUY LINE BETWEEN THE 

TOWNS OF BOURNE AND WAREHAM. 

Be it enacted, etc., as follows : 

beTweMBounie Skction 1. The bouudary line between the towns of 
and warchani Boumc and Warcluim is hereby established as follows : — 

establielied. "^ 



Acts, 1897. — Chap. 282. 259 

Beginning at the stone monument near the Red Brook Boundary line 
bridge, on the west side of said brook a few rods south of ancrwarehilm"^ 
the road leading from Sandwich to Wareham, at the corner 



established. 



of the towns of Plymouth, Bourne and Wareham ; thence 
southeasterly, as the channel of said brook runs, to its 
mouth to a point one hundred and fifty-six feet due west 
I'rom a stone monument set on the easterly side of the mouth 
of said brook ; thence south, eighteen degrees east, across 
the flat or bar to the channel ; thence by the channel down 
past Cohasset Narrows as the channel runs, passing between 
Hog island and Hog neck, and thence by the channel to a 
point in the centre of the channel between the black buoy 
standing on the northeast point of the ledge ofl' the west 
side of Mashnee island and said island ; thence southwest- 
erly in a straight line for Abials ledge, until said line 
intersects with the northerly boundary line of the town of 
INlarion or with said boundary line produced. 

Section 2. The expense of maintaining, operating, re- Maintaining, 
building or repairing the highway bridge across Cohasset across'cohasset 
Narrows, including the draw in the same, between abut- n^"0"«- 
ments, shall be equally borne by said towns of Bourne 
and Wareham. 

Section 3. The county commissioners of the counties Bonndaryto 
of Barnstable and Plymouth, as a joint ])oard, are hereby ^"^'"' e ,ec. 
directed to mark the said boundary by suitable monuments 
so far as possible ; and after the erection of said monu- 
ments said board shall Ijle in the office of the secretary of 
the Commonwealth and in the registry of deeds for the 
county of Barnstable and for the county of Plymouth a 
plan showing by courses and distances the boundary line 
hereby established and the monuments marking the same, 
and said boundary line shall thereupon be the boundary 
line between said towns. 

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

Approved Ajml 14, 1897. 



Chap.2S2 



An Act to incokporate the edgaktown water company. 

Be it enacted^ etc. , as foUoivs : 

Section 1. Joseph K. Nye, Edward D. Eldredge and ^^t^";*^^". 
Harlan C. Chadwick, their associates and successors, are panyincor- 
hereby made a corporation by the name of the Edgartown 
Water Company, for the purpose of supplying the inhab- 
itants of the town of Edgartown, or any part thereof, with 



260 



Acts, 1897. — Chap. 282. 



May take cer- 
tain waters, 
landH, etc. 



May lay flown 
conduits, pipes, 
etc. 



rrovisos. 



DcBcription of 
lands, etc., to 
be recorded. 



water for domestic, niariufacturing and other purposes, 
including the extingui.^hnient of tires, 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 a})plicable to such corpora- 
tions. 

Section 2. Said corporation, for the purposes afore- 
said, may take, by purchase or otherwise, and hold the 
waters, or so much thereof as may be necessary, of any 
ponds, springs, streams, wells or any tilter galleries or 
wells that may be constructed upon the shore of any pond, 
or near to any spring or stream within the limits of the 
said town of Edgartown, together with any water rights 
connected therewith, and also all lands, rights of way and 
easements necessary for holding and preserving such water 
and for conveying the same to any part of said town, and 
may erect on the land thus taken or held proper dams, 
buildings, fixtures and other structures, and may make 
excavations, procure and operate machinery, and ])rovide 
such other means and appliances as may be necessary for 
the establishment and maintenance of complete and effec- 
tive water works. Said corporation may construct and 
lay down conduits, pipes and other works, under or over 
any lands, water courses, railroads or public or private 
ways, and along any such ways in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, inaintaining and 4-epairing such conduits, 
pipes and other works, and for all proper purposes of 
this act, said corporation may dig up any such lands and 
ways : provided, Jiowever, that saidcom])any 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 w^hich 
at least ten days' notice shall be given by publishing an 
attested copy of said notice in a new-paper published in 
said town, if any, and by posting an attested copy of said 
notice in at least five public places in said town; and^;/'o- 
vided,furt]ter, that no hearing shall be necessary in cases 
where said ways are to be entered upon and dug up by 
said company for the puri)Ose of constructing extensions 
to its jilaiit and maintaining and repairing such conduits, 
pipes and other works. 

Sectiox 3. Said corporation shall, within ninety days 
after the taking of any lands, rights of way, water rights. 



Acts, 1897.— CuAr. 282. 261 



water sourcc8 or easements as aforesaid, otherwise than 
})y purchase, tile and cause to be recorded in the registry 
of deeds for the county of Dukes County a description 
thereof sutficiently accurate for identitication, with a state- 
ment of the purpose for which the same were taken, signed 
by the president of the corporation. 

Section 4. Said corporation shall pay all damages Damages. 
sustained by any person or corporation in property by 
the taking of any land, right of way, water, water sources, 
water right or easement, or by any other thing done by 
said corporation under the authority of this act. Any 
person or corporation sustaining damages as aforesaid 
under this act, who fails to agree with said corporation 
as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law when land is taken for the laying out of highways, 
on application at any time within three years from the 
taking of such land or other property or the doing of any 
other injury under the authority of this act ; but no such 
application shall be made after the expiration of three 
years. No application for the assessment of damages 
shall be made for the taking of any water, water rii^ht 
or water source, or for any injury thereto, until the water 
is actually withdrawn or diverted by said corporation under 
the authority of this act. Said corporation may by vote. May determiue 
from time to time, fix and determine what amount or wate"to'i!e 
quantity of water it proposes to take and appropriate under '"'^'"'' ''"• 
this act; in which case any damages caused by such taking 
shall be based upon such amount or quantity until the 
same shall be increased by vote or otherwise, in which 
event said corporation shall be further liable only for the 
additional damages caused by such additional taking. 

Section 5. Said corporation may distribute said water Distribution of 
through said town of Edgartown, or any part thereof, and "'"■■'''■ 
may regulate the use of the same and fix and collect water 
rates to be paid therefor. And said town, or any indi- 
vidual, corporation, or any fire district legally organized 
in said towm, may make such contracts with said water 
company to supply water for the extinguishment of fires 
or for other purposes as may be agreed u])oii by said town, 
individual, corporation or fire district, and said Edgartown 
Water Company. 

Section (>. Said corporation may, for the purposes uiai estate and 
set forth in this act, hold real estate not exceeding in '''"'' 



262 



Acts, 1897. — Chap. 282. 



Certificate of 
payment of 
capital to bo 
filed, etc. 



May issue 
mortgage 
bondij, etc. 



Issue of stoc 
aud bonds to 
approved by 
commiHsioiic 
of cor|)oratii 



bo 

r 

ln^^. 



amount ten thousand (lollar8 ; and the whole capital 
stock of said corporation shall not exceed lifty thousand 
dollars, to be divided into shares of one hundred dollars 
each. 

Section 7. Immediately after the payment of the 
capital stock of said comj^any a certificate of that fact 
and of the manner in Avhich the same Jias been paid in, 
and at the time of making the certificate has been invested, 
signed and sworn to hy the president, treasurer and a 
majority at least of the directors, and approved by the 
commissioner of corporations, shall be filed in the office 
of the secretary of the Commonwealth. A conveyance 
to the corporation of property, real or personal, at a fair 
valuation, shall be deemed a sufficient paying in of the 
cai)ital stock to the extent of such value, if a statement 
is included in the certificate, made, signed and sworn to 
by its president, treasurer and a majority of its directors, 
giving a description of such property and the value at 
which it has l)een taken in payment, in such detail as the 
commissioner of corporations shall require or approve, 
and endorsed with his certificate that he is satisfied that 
said valuation is fair and reasonable. 

Section 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 be expended only in the extension of the works of 
the company and for the payment of ex})enditures actually 
made in the construction of the works, over and above 
the amount of the capital stock actually paid in. 

Section 9. The capital stock and bonds herein])efore 
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- 
a])ly rofjuisite for the jmrposes for which such issue of 
stock or 1)onds has been authorized. His decision approv- 
ing such issue shall specify the respective amounts of 
stock and bonds authorized to l)e issued, and the purposes 
to which the proceeds thereof are to be applied. A cer- 
tificate setting forth his decision shall l)e filed in the office 
of the secretary of the Commonwealth l)efore the certifi- 
cates of stock or the bonds arc issued, and the proceeds 
of such stock or bonds shall not be applied to any pur- 
pose not specified in such decision. 



Acts, 1897. — CiiAr. 282. 263 

Section 10, Whoever wilfully or "wantonly corrupts, Penalty for cor. 
pollutea or diverts any of the waters taken or held under water"'eu:. 
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 being convicted of either of the above 
wilful or wanton acts shall be punished by a fine not ex- 
ceeding three hundred dollars or by imprisonment in jail 
not exceeding one year. 

Section 11. Said town of Edgartown shall have the Town may take 
right, at any time during the continuance of the chai-ter eny%tc!' ^'^"^' 
hereby granted, to take, by purchase or otherwise, the 
franchise, corporate property and all the rights and privi- 
leges of said corporation, on payment to said corporation 
of the total actual cost of its franchise, works and prop- 
erty of any kind held under the provisions of this act, 
including in such cost interest on each expenditure from 
its date to the date of taking, as hereinafter provided, at 
the rate of five per cent, per annum. If the cost of main- 
taining and operating the works of said corporation shall 
exceed in any year the income derived from said works 
by said corporation for that year, then such excess shall 
be added to the total actual cost ; and if the income de- 
rived 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 actual cost. Said town, on taking as herein pro- 
vided the property of said corporation, shall assume all 
of its outstanding obligations, including the bonds au- 
thorized in this act ; and the amount thus assumed shall 
be deducted from the total amount to be paid by said 
town to said corporation. An itemized statement of the statement of 
receipts and expenditures of said corporation shall be an- exp'e'ndUnrU to 
nually sul)mitted to the selectmen of the town of Edgar- i'.'iuuaiiy."*"* 
town, and by said selectmen to the citizens of said town. 
In case said town and said corporation are unal)le to agree 
upon the amount of the total actual cost of the franchise, 
corporate property, rights and privileges of said corpora- 
tion, then, upon a suit in equity by said town, the supreme 
judicial court shall ascertain and fix such total actual cost 
under the foregoing provisions of this act, and enforce the 
right of said town to take possession of such franchise, cor- 



264 



Acts, 1897. — Chap. 282. 



Kdgartown 
Water T.oan. 



Siiikiiiir fund. 



Water commis- 
nioners, elec- 
tion, terras, etc. 



jionite property, riii^ht.s and privileges, upon jiaynient of 
sucli cost to said corporation. This authority to take said 
franchise and propeily is granted on condition that the 
same is assented to by said town by a two thirds vote of 
the voters present and voting tliereon at a meeting called 
for that pur])ose. 

Section 12, Said town may, for the purpose of pay- 
ing the cost of said franchise and cor])orate ])roperty and 
the necessary expenses and lial)ilities incurred under the 
provisions of this act, issue from time to time bonds, notes 
or scrip, to an amount not exceeding in the aggregate 
seventy-live thousand dollars ; such bonds, notes or scrip 
shall bear on their face the words, Edgartowu Water Loan ; 
shall be paya])le at the expiration of periods not exceed- 
ing thirty years from the date of issue ; shall Ijear interest 
payal)Ie semi-annually, at a rate not exceeding six per 
cent. })er 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 secur- 
ities at public or private sale, or pledge the same for 
money borrowed for the ])urposes of this act, upon such 
terms and conditions as it may deem proper. Said town 
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 sink- 
ing fund, or from year to year by such })roportionate l)ay- 
ments as wil I extinguish the same within the time prescribed 
by this act. In case said town shall decide to establish a 
sinking fund it shall contribute thereto annually a sum of 
money sufficient with its accumulations to pay the princi- 
pal of said loan at maturity; and said sinking fund shall 
remain inviolate and pledged to the j^ayment of said debt 
and shall be used for no other purpose. If said town shall 
decide to pay the principal of said loan by instalments 
such amounts as may be necessary to make such payments 
shall, without further vote of said town, l)e raised annually 
by taxation, in the same manner as money is raised for 
other town expenses. 

Section 1H. Said town shall, after its purchase of said 
franchise and corporate property, as provided in this act, 
at a legal meeting called for the purpose elect by ballot 
three persons to hold office, one until the expiration of 
three yf^ars, one until the expiration of two years and one 
until the expiration of one year from the next succeeding 



Acts, 1897. — Chap. 283. 2G5 

annual town meeting, to constitute a board of water com- 
missioners ; and at each annual town meeting thereafter 
one such commissioner shall be elected by ballot for the 
term of three years. 

Section 14. All the authority granted to the said sufc'tiS'elc' 
town by this act and not otherwise specifically provided 
for shall be vested in said water commissioners, who shall 
be subject however to such restrictions, rules and regula- 
tions as said town may impose by its votes. Said com- to be trustees 
missioners shall be trustees of the sinking fund herein fund,'etc5 
provided for, and a majority of said commissioners shall 
constitute a quorum for the transaction of business rela- 
tive both to the water works and to the sinking fund. 
Any vacancy occurring in said board for any cause may 
be tilled for the remainder of the unexpired term by said 
town at any legal town meeting called for the purpose. 

Section 15. Said town shall raise annually by taxa- Payment of 
tion a sum which with the income derived from the water '^'^i'*''"^"' '^ *=• 
rates will be sutficient to pay the current annual expenses 
of operating its water works and the interest as it accrues 
on the bonds, notes or scri}) issued as aforesaid by said 
town, and to make such contributions to the sinking fund 
as may be required under the |)rovisions of this act. Said ^"id urwater" 
town is further authorized, by a two thirds vote of the ^^<'>'^«- 
voters of said town present and voting at any legal meet- 
ing, to raise by taxation any sum of money for the pur- 
pose of enlarging or extending its water works and 
providing additional appliances and fixtures connected 
therewith, not exceeding live thousand dollars in any one 
year. 

Section 16. This act shall take eftect upon its passage, when to take 
but shall become void unless said water company shall 
have commenced to distribute water through its pipes to 
consumers in said town within three years from the date 
of its passage. Ap'proved April 15, 1897. 



CJiajJ.^Sn 



An Act to revise the charter of the city of newton. 
Be it enacted^ etc. , as follows : 

incorporation. 

Section 1. The inhabitants of the city of Newton cuy of Newton. 
shall continue to be a municipal corporation, under the 
name of the City of Newton, and as such shall be subject 



2(3(3 



Acts, 1897. — Chat. 283. 



Seven wards. 



Financial and 
municipal year. 



to all general laws relating to such corporations not incon- 
sistent with the provisions of this act. 

Section 2. The territory of said city shall be divided 
into seven wards, as at [)resent constituted, until the 
wards arc changed under the provisions of law. 

Section 3. The financial year of said city shall begin 
with the first day of January, and the municipal year, 
and the term of all officers elected at the annual city elec- 
tion, shall begin with the second Monday of January 
following the election. 



Mayor, alder- 
men and mera- 
berH of Hchool 
committee to 
bo elected by 
ballot, etc. 



ANNUAL ELECTION AND OFFICERS. 

Section 4. The annual city election shall be held on 
the second Tuesday of December, at which there shall be 
elected by ballot, a mayor, aldermen at large and alder- 
men by wards, and members of the school committee. 
The mayor, aldermen and school committee shall respec- 
tively be elected and hold office as follows : — The mayor 
for the term of one year and until his successor is elected 
and qualified ; the aldermen at large for the term of two 
years, except for the first term herein provided, and the 
aldermen by wards for the term of one year ; the school 
committee for the term of three years, except as herein 
otherwise provided. The board of aldermen shall consist 
of twenty-one members, until otherwise provided. At the 
next annual city election there shall be elected by and 
from the voters of the city the following officers : — A 
mayor, one alderman from each ward to serve for the term 
of one year, and one alderman from each ward to serve 
for the term of two years, and such members of the school 
committee as shall be necessary to fill vacancies, as pro- 
vided in section nineteen of this act, and there shall 1)e 
elected by and from the voters of each ward one alderman 
to serve for the term of one year. At each annual cify 
election thereafter there shall be elected officers to fill 
vacancies and to succeed those whose terms expire u})on 
the second Monday of January following. 



Administration 
of municipal 
affairs, etc. 



administration. 

Section 5. The administration of the fiscal, pruden- 
tial and munici])al afi'airs of said city, with the govern- 
ment thereof, shall be vested in an executive department, 



Acts, 1897. — Chap. 283. 267 

to consist of the major, and a legislative department, to 
consist of the board of aldermen. The executive depart- 
ment shall never exercise any legislative power, and the 
legislative department shall never exercise any executive 
power. 

ORGANIZATION. 

Section 6. On the second Monday in January at of"i!v» °or°a'!!d*' 
three o'clock in the afternoon the mayor elect and alder- aidennen, 
men elect shall meet and l)e s'worn to the faithful perform- 
ance of their duties. At any time thereafter the oath may 
he administered to the mayor elect or to any alderman 
elect who was absent or was not then elected. 

Section 7. If there is no mayor elect, or if any vacancies. 
vacancy exists in the board of aldermen, the qualitied 
members of said board shall forthwith call an election to 
fill all vacancies. 

BOARD OF ALDERMEN. 

Section 8. The board of aldermen shall be the judge to be judge of 
of the election and qualitications of its members, and shall meniber8° etc! 
from time to time make rules for its proceedings. A ma- ^"orum. 
jority of all the members of the board shall constitute a 
quorum for the transaction of business, but a less number 
may meet and adjourn from time to time. 

Section 9. After the mayor elect and a majority of t)'g^"ization. 
the aldermen elect have been sworn the board of aldermen 
shall be called together by the mayor, who shall preside 
until a president shall be elected ; the president shall 
thereafter preside, and a vice president shall then be 
elected. No other business shall be transacted by the 
aldermen until the officers aforesaid have been elected. 
The city clerk shall be clerk of the board of aldermen. 

Section 10. The board of aldermen as soon as may ^^^r^^fj'!""''''" 
be after the election of the officers aforesaid shall elect by baiiot, etc. 
ballot a city clerk, a city treasurer, a city collector, and 
a city auditor. The term of said officers shall begin upon 
the second Monday in February following and continue 
until their respective successors are elected and qualified, 
unless they are removed l)y vote of a majority of all the 
members of the board, taken by ballot. The city treasurer 
may, if so provided by ordinance, also be city collector. 
The city collector shall have and exercise all the powers 



2G8 



Acts, 1897. — Chap. 283. 



r;i8Hiiig of 
oi'iliiiuncct), etc 



Certain ordi 
iiiiiiceB, etc., to 



of collectors of taxes, and such other powers as the board 
of aldermen shall by ordinance determine. 

Section 11. Any ordinance, order or resolution of 
the board of aldermen may be passed through all its 
stages of legislation at one session, provided no member 
of said board objects thereto ; but if one or more mem- 
bers object the measure shall be postponed for that meet- 
ing ; and if when it is next brought up five or more 
members object to its ])assage at that meeting a second 
jiostpouement of at least one week shall take place. 

Section 12. Every ordinance, order, resolution or 
i,<. appiovedby yq^q of tlic board of aldermen required by law to be 

mayor, etc. ini iViii 

presented to the mayor shall be presented by the clerk 
of s.aid board to the mayor for his ap[)roval in writing ; 
and thereupon the same proceedings shall be had as are 
provided by law in relation to similar ordinances, orders, 
resolutions and votes of a city council. The clerk shall 
hold every such ordinance, order, resolution or vote for 
twenty-four hours, Sundays and legal holidays excepted, 
and if during such time a notice of a motion to reconsider 
is filed with the clerk by any member entitled to make 
such motion the ordinance, order, resolution or vote shall 
be presented to the board at its next meeting ; otherwise 
it shall be presented to the mayor at the expiration of said 
twenty-four hours. 

Section 13. The board of aldermen may hold a special 
meeting at any time, without previous notice, when all 
tlie members have assembled, and at such meeting any 
])usiness may be transacted, provided no member of the 
board objects thereto. All meetings shall be public 
except when action is taken upon a])pointments or re- 
movals. 

Section 14. The board of aldermen shall, except as is 
otherwise provided herein, have and exercise: — 

I. The powers of towns, the powers of boards of alder- 
men, and of the mayor and aldermen and city councils of 
cities under ireneral laws. 

II. The powers now held by the city of Newton, or 
by the city council, or by the aldermen, or by the mayor 
and aldermen of Newton by s[)ecial laws. 

III. The power to take land 1)v eminent domain, ]iur- 
chase, gift ot' otherwise, for pu1)lic parks, s<juares and 
playgrounds, such ])ower to be exercised only by vote 
of two thirds of all the members of the board of aldermen 



Meetings of 
board of alder- 
men, etc. 



I'owers, etc. 



Acts, 1897. — Chap. 283. 269 

voting by yea and nay ; the damaires sustained l)y any 
per^ion by any such taking to be determined as provided 
herein for determining the damages occasioned by the 
hiying out of town ways. 

IV. Tlie exclusive power to lay out, locate anew, alter, fy^.[':f**jtc'^''" 
widen and discontinue town ways, streets and highways, 

and to order specific repairs or a change of grade thereon, 
without any appeal therefrom ; and whenever in the 
opinion of the board the public necessity and convenience 
require that a town way or street shall be laid out, or an 
existing town way, street or highway shall be located 
anew, altered, widened or discontinued, or that specific 
repairs or a change of grade shall be made thereon, said 
board shall appoint a time for a public hearing, and shall 
cause a notice thereof and of its intention in the matter 
to be given as now required by general law relating to 
town ways. Said hearing may l)e adjourned from time 
to time if the board deem it necessary, and after said 
hearing said board shall determine what action the public 
necessity and convenience require, and the Avay shall be 
laid out, located anew, altered, widened or discontinued, 
or specific repairs or a change of grade shall be made 
thereon, if so determined. The damaaes sustained i^a'"'*g<^«- 
tliereby shall be assessed and awarded by said board. 
A person aggrieved by the assessment of his damages 
may have the remedies provided by general law in the 
case of town ways. 

V. The power to make ordinances and affix penalties May make 
for the violation thereof, not exceeding twenty dollars for aftix peiKvitieB, 
each offence, to be imposed by criminal com})laint, for all 
purposes for which towns and cities may make by-laws 
and ordinances under general laws ; also the power to 
create additional executive or municipal departments, to 
consolidate boards, offices and departments, to separate 
and divide the powers and duties of such as have already 
been established, and to fix, increase or diminish the num- 
ber of persons constituting either of the boards herein 
provided for or to be provided for. But no ordinance 
consolidating the street department, the water department 
or the public buildings department herein provided for, 
or either of them with either of the others, shall take effect 
unless ratified by the voters of said city at the city election 
next following the passage of such ordinance. All such 
ordinances shall take effect without other sanction or ap- 
proval than is provided in this act. 



etc. 



270 



Acts, 1897. — Cuap. 283. 



Kxeoiitivc 
l)()\vcrs to lie 
vested iu 
mayor. 



Executive 
olUcerK, a|)- 
Iiointmeiit, 
term, etc. 



Enforcement 
of l.iWB, oidi- 
nances, etc. 



Mayor may 
suspend certain 
officers, etc. 



To recom- 
mend measures, 
CDiumnnicate 
iiiformatiou, 
etc. 



MAYOR. 

Section 15. The executive powers of the city shall be 
vested solely in the mayor, and may be exercised by him 
either personally or throuii^h the several officers or boards 
of the city in their departments, under his general super- 
vision and control. He shall appoint the executive offi- 
cers, including the assistant assessors, subject, within 
fourteen days from the date of appointment, to continu- 
ation by the board of aldermen. Unless it shall be other- 
wise provided by ordinance the terms of office of such 
officers shall be as follows: — Assessors first appointed 
hereunder, one, two and three years respectively, and 
thereafter three years ; assistant assessors and overseers 
of the poor, one year ; other officers until they resign or 
are removed. The mayor shall cause the laws, ordinances 
and orders for the government of the city to be enforced, 
and shall cause a record of all of his official acts to be 
kept, and for that purpose and to aid him in his official 
duties he may appoint one or more assistants and define 
their duties ; he shall fix their salaries, subject to the ap- 
proval of the board of aldermen. The salary of the mayor 
shall not be chano;ed durinof his term of office. 

Section 16. The mayor may, in writing, suspend any 
executive officer or any work, and he shall at once report 
his action and his reasons therefor to the board of alder- 
men. The suspension of any such officer shall, in fifteen 
days after said report is made, be a removal, unless 
within that time he asks for a hearing before the board, 
which shall forthwith be granted, and upon the conclusion 
of such hearing the board vote that the mayor's sus[)eusion 
be not sustained, in which case the officer shall be at once 
reinstated. Work suspended by the mayor may be carried 
on at his discretion until action is taken by the board. If 
the board shall Avithin fifteen days after receiving the re- 
port vote that the mayor's action suspending the work be 
not sustained the work shall be })rosecuted forthwith. 

Section 17. The mayor shall communicate to the 
l)oard of aldermen such information and shall recommend 
such measures as in his judgment the interests of the city 
require. He may at any time call a special meeting of the 
board of aldermen by causing a notice of such meeting, 
specifying the subjects which he desires to have considered, 
to be left at the usual place of residence of each alderman. 



Acts, 1897. — Chap. 283. 271 

or given to him in hand at least twenty-four hours before 
the time appointed for such meeting ; or in case of emer- 
gency, of which he shall be the judge, within such time as 
he may deem sufficient. 

Section 18. Whenever there is a vacancy in the office vacancy. 
of mayor, or whenever, by reason of sickness, al)sence 
from the city or other cause, the mayor shall be unable to 
attend to the duties of his office, the president of the board 
of aldermen, or in the event of his disability through sick- 
ness or absence, then the vice president of the board of 
aldermen shall, as acting mayor, exercise all the rights and 
powers of the mayor during such vacancy, disability or 
absence, but shall not make any permanent appointment 
unless authorized by vote of the board of aldermen. 



SCHOOL COMMITTEE. 

Section 19. The management and control of the pub- School com- 

!• 1 11 11 I ji-ji 1 1 • I'l miUce, ijoweis, 

lie schools shall be vested in the school committee, which duuee, etc. 
shall exercise the powers and discharge the duties imposed 
by law upon school committees. The conmiittee shall con- 
sist of the president of the board of aldermen, ex officio, 
and two meml^ers from each ward. The present members 
shall continue to hold their respective offices according to 
the tenure thereof, and at the annual city elections the 
board of aldermen shall provide for the election of mem- 
bers to fill vacancies occurring at the end of the municipal 
year, so that the term of office of not more than five mem- 
bers, nor the term of office of the two members from any 
Avard, shall expire in the same ^^ear. Other vacancies 
shall be filled as provided by general law. 

Section 20. The school committee shall meet on the oiLtanization. 
second Monday in January in each year and organize by 
the election by ballot of one of its members as chairman, 
and by the election of a secretary, who shall not be one 
of its members. 

Section 21. The school committee shall be the judge to i.e jmiLie of 
of the election and qualifications of its members, and shall fuem'bers%'tc. 
from time to time make rules for its proceedings. A ma- Quorum. 
jority of all the members of the committee shall constitute 
a quorum for the transaction of business, but a less num- 
ber may meet and adjourn from time to time. 

Section 22. The school committee, so far as appro- to lumish 
priations are made therefor by the board of aldermen, shall witii'iixui're",'^* 

etc. 



272 



Acts, 1897. — Chap. 28:5. 



To appoint a 

siiperiutendeut, 

etc. 



Public buildings 
conimissioner 
to report Kuiii- 
tary condition 
of school- 
houses, etc. 



New school- 
houses, altera- 
tions, etc. 



have full power and authority to furnish all school build- 
ings with proper tixturcs, furnishings and equipments. 
It shall annually a[)point a superintendent, who shall not 
be one of its nieml)er8, and may ulso appoint janitors and 
all officers and employees connected with the schools, fix 
their compensation, make rules concerning their tenure 
of office, and discharge them at its pleasure. It shall 
have the exclusive custody of the school buildings and 
the power to designate for what i)urposes the buildings, 
or any part thereof, shall be used. 

Section 2H. The public buildings commissioner shall, 
on or before the first day of January and the first day of 
September of each year, submit in writing to the school 
committee a report of the sanitary condition of all the 
schoolhouses, and shall certify as to their safety for occu- 
]mncy for school purposes. Whenever in the opinion of 
the school committee a new schoolhouse is required or 
material alterations are needed, it shall send a written 
communication to the board of aldermen stating the lo- 
cality and the nature of the further })rovisions for schools 
which are needed; and no schoolhouse shall be located, 
built or materially altered until the school committee shall 
have been consulted as to the proposed location and plans 
and had full opportunity to set forth its requn-ements. 



Departments 
and ofScers. 



DEPARTMENTS AND OFFICERS. 

Section 24. There shall be the following departments 
and officers : — 

I. The assessing department, to be under the charge of 
the board of assessors. 

II. The charity department, to be under the charge of 
the board of overseers of the poor. 

III. The health department, to be under the charge of 
the board of health. 

IV. The law department, to be under the charge of the 
city solicitor. 

V. The fire department, to be under the charge of the 
chief of the fire department. 

VI. The ])olice department, to be under the charge of 
the chief of police. 

VII. The engineering de{)artment, to be under the 
charge of the city engineer, who shall make and have the 
custody of all plans, surveys, measurements and levels 



Acts, 1897. — Chap. 283. 273 

appertaining to public ways, drains, sewers, water works Departmenta 
and lands, and who shall perform such other duties as the 
board of aldermen may prescribe. 

VIII. The street department, to be under the charge 
of the street commissioner, who shall have all the powers 
and duties, not inconsistent with this act, of the surveyors 
of highways, and shall have charge of the construction, 
alteration, repair, maintenance, care and management of, 
— (a) the public ways, sidewalks and bridges, public 
parks, squares, playgrounds and burial grounds, and the 
lighting and watering thereof; and, —(b) the public sew- 
ers and drains. 

IX. The water department, to be under the charge of 
the water commissioner, who shall have charge of the con- 
struction, alteration, repair, maintenance, care and man- 
asrement of the water works. 

X. The public buildings department, to be under the 
charge of the public buildings commissioner, who shall 
have charge of the construction, alteration, repair and 
maintenance of the public buildings. 

XI. Such other departments and officers to carry out 
municipal work as the board of aldermen from time to 
time, by ordinance, shall prescribe. 

XII. The city clerk department, to be under the 
charge of the city clerk. 

XIII. The treasury department, to be under the charge 
of the city treasurer. 

X.IV. The collecting department, to be under the 
charge of the city collector. 

XY. The auditing department, to be under the charge 
of the city auditor. 

The departments pro^dded for in the first eleven clauses Executive de- 
of this section shall be the executive departments. par men 8. 



GENERAL PROVISIONS. 

Section 25. All officers and boards shall, in the ex- certain ^officers, 
ercise of the duties imposed upon them, be deemed to be deemed public 
public officers, and for their acts the city shall not be liable ° °'^"' 
except so far as liability may now exist for the acts of 
public officers performing the same duties. 

Section 26. All officers and boards shall, subject to Jjl^j^J'^'J^^^^et".^" 
the laws of the Commonwealth relating to the civil service, 
appoint their subordinates and employees to hold office un- 



274 



Acts, 1897. — Chap. 283. 



To give certain 
information 
upon requent, 
etc. 



Making of con- 
tracts. 



Estimates of 
expenses, etc. 



Appropriations 
and expendi- 
tures. 



No expenditure 
to be made, 
etc., beyond 
amount appro- 
priated, etc. 



til they are removed by the officer or board under whom 
they serve ; but all appointments in the police and fire de- 
partments shall ])e approved by the mayor, who shall also 
have the power of removal in said departments. 

Section 27. Any officer or member of a board shall, 
upon request of the l^oard of aldermen, appear before it 
and give such information as may be required in relation 
to his department, and any officer or member of a board 
who so appears may speak upon all matters under con- 
sideration relating to his department. 

Section 28. All officers and boards shall have charsfe 
of the making of contracts in their respective departments. 
Every contract made by any officer or board where the 
amount involved is five hundred dollars or more shall be 
in writing, shall be accompanied by a sufficient bond for 
the faithful performance of the contract, and shall not 
be deemed to have been made or executed until the ap- 
proval of the mayor, in writing, is affixed to the contract 
and the bond, after which they shall be deposited with the 
city auditor. No such contract shall be altered unless the 
contractor, the sureties on the bond, if any, the officer 
making the contract, and the mayor, shall, in writing, 
agree thereto. 

Section 29. The school committee and every officer 
and board having the expenditure of money shall annually, 
on or before the first day of October, furnish to the mayor 
an itemized estimate of the money required for their re- 
spective offices and departments during the next financial 
year. The mayor shall examine such estimates and shall, 
on or before the first day of November, submit them, with 
his itemized and detailed recommendations thereon, to the 
board of aldermen. Said board of aldermen shall, on or 
before the first day of December in each year, appropriate 
such amount as may be necessary to meet the expenditure 
of the following year, and such appropriation shall not 
thereafter be increased nor any subsequent appropriation 
made except by a vote of two thirds of all the members, 
taken by yea and nay. No expenditure of public money 
from the annual appropriation order shall l)e authorized 
except by a vote of a majority of all the members of the 
board, taken by yea and nay. 

Section 30. No expenditure of public money shall be 
made by any officer or board, nor liability incurred by or 
on behalf of the city, beyond the amount duly appropri- 



A.CTS, 1897. — Chap. 283. 275 



ated therefor contained in the annual appropriation order, 
or subsequently appropriated and thereafter granted by 
order of the board of aldermen. 

Section 31. No public street shall be duo- up without no public street 

, 1 , . i*^. ii"ji -\T to be dug up 

hrst obtaining the written approval ot the mayor. JNo without ap- 
person or corporation, except officers and employees of m.°yoi°etc. 
the executive departments, shall dig up any public street 
without first furnishing to the street commissioner suffi- 
cient security for restoring such street to a condition 
which shall be satisfactory to said commissioner, and for 
keeping the street in such condition for six months after 
the completion of the work. 

Section 32. The board of aldermen may require any officers, etc., 
officer or other employee to give to the city a bond, with trgivebouds',*^ 
a surety or sureties, for the faithful discharge of his duties, ^''^' 
each of said bonds, with its sureties, to be approved in 
writing by the mayor. 

Section 33. No member or committee of the board of ^ot to take 

1 n T 1 • T 1 '1 part in employ- 

aldermen shall directly or indirectly take part in the em- ment of labor, 

ployment of labor, the expenditure of public money, the tractB"^et°c.°°"' 
making of contracts, the purchase of materials or supplies, 
the construction, alteration or repair of any public works 
or other property, or in the care, custody or management 
of the same, or in general in the conduct of the executive 
or administrative business of the city. No member of the 
executive or legislative department or of the school com- 
mittee shall appear as counsel before any officer or board 
of the city. 

Section 34. Every person who is elected and every Every person 
person who is appointed by the mayor to an office shall poTnfedTo*''" 
receive a certificate of such election or appointment from [facatl, eTc". 
the city clerk, and, except as otherwise provided by law, 
before performing any act under his election or appoint- 
ment, shall take and subscril)e an oath to qualify him to 
enter upon his duties. A record of such oath shall be 
made by the city clerk. Any oath required by this act 
may be administered by the mayor or any officer author- 
ized by law to administer oaths. Records of transactions 
of all officers and boards shall be properly kept and shall, 
subject to such reasonable restrictions as the board of alder- 
men may prescribe, be open to the inspection of the public. 

Section 35. Provision may be made from time to Provision may 
time by the board of aldermen by ordinance, to be ratified thVt'erms''of"^ 
by the voters at a city election, fixing the term of office allJfaidermenT 



27G 



Acts, 1897. — C'iiap. 283. 



Removal from 
city to cieati' a 
vacancy in cer- 
tain offices, etc. 



Filling of 
vacancies. 



Certain existing 
ordinances to 
continue in 
force. 



General meet- 
ings of qualified 
voters. 



When to take 
effect, etc. 



Repeal, etc. 



of the mayor, not exceeding three years, and fixiiiij the 
nunil)er of aldermen and their terms of office, not exceeding 
three years. 

Skction 3G. The removal of a member of the board 
of aldermen or of the school committee from one ward to 
another ward in the cit}^ shall, at the end of the municipal 
year but not l)cfore, create a vacancy in his office. The 
removal of the mayor or of a member of the board of alder- 
men or of the school committee from the city shall create 
a vacancy in his office. 

Section 37. Vacancies shall be filled in the manner 
of the original election or appointment unless herein other- 
wise provided. The board of aldermen shall not be re- 
quired to call an election to fill a vacancy in the office of 
mayor or alderman within three months of the expiration 
of the municipal year. 

Section 38. The existing ordinances of the city, so 
far as they are not inconsistent with this act, shall con- 
tinue in force until amended or repealed by the board of 
aldermen. 

Section 39. General meetings of the citizens quali- 
fied to vote may be held from time to time, according to 
the rights secured to the people by the constitution of the 
Commonwealth ; and all such meetings may, and upon the 
request in writing of fifty qualified voters setting forth the 
purposes thereof, shall be duly called by the board of 
aldermen. 

Section 40. So much of this act as relates to its sub- 
mission to the people shall take effect upon its passage. 
This act shall be void unless the voters of the city of 
Newton, voting at the next state election, shall determine 
by a majority of ballots to accept the same ; and if so 
accepted the municipal officers hereinl^efore provided for 
shall be elected at the next following city election ; and 
this act shall take effect for all other purposes on the sec- 
ond Monday of January in the year eighteen hundred and 
ninety-eight. 

Section 41. Chapter three hundred and twent^'-six of 
the acts of the year eighteen hundred and seventy-three, 
being " An Act to establish the city of Newton ", chapter 
two hundred and eiohteen of the acts of the year eiofhteen 
hundred and seventy-five, being " An Act in addition to 
an act to establish the city of Newton ", chapter two hun- 
dred and ten of the acts of the year eighteen hundred and 



Acts, 1897. — Chaps. 284, 285. 277 

eightv-two, being; " An Act to revise the charter of the Repeal, etc. 
city of Xewton ", chapter forty-four of the acts of the year 
eighteen hundred and eighty-two, being " An Act to pro- 
vide for the laying out of public parks and squares in the 
city of Newton ", and all acts and parts of acts inconsistent 
herewith are hereby repealed, and all ordinances, orders 
and resolutions, or parts thereof inconsistent W'ith this act, 
are hereby annulled ; but such repeal or annulment shall 
not affect any right accrued, any penalty or forfeiture in- 
curred, or any suit pending at the time wdien the repeal 
takes effect, and all officers now holding office under the 
provisions of law shall continue to hold such office and 
exercise the powers thereof until their successors are 
elected or appointed under the provisions of this act or 
until they are removed by the mayor. 

Approved April 15, 1S97. 

An Act relative to the boundary line betaveen the towns (JJiar) 284 

OF BOXFORD AND GEORGETOWN. 

Be it enacted, etc., as follows: 

Section 1. So much of the town of Boxford as lies Boundary une 
northerly of the following line, namely: — Beginning at ford and 
a stone marked R. G. B. at a place called the Three Sisters, Ge°"-get°^°- 
it being the corner bound of the towns of Rowley, George- 
ton n and Boxford, thence running north, sixty-five de- 
grees forty-eight minutes thirty-two seconds west, in a 
straight line for a distance of five thousand four hundred 
and sixty-six feet, to a stone at an angle in the present 
line between the towns of Boxford and Georgetown, 
marked B. G., standing in land formerly of heirs of 
Solomon Nelson, with all the estates therein, is hereby 
set ofl' from the town of Boxford and annexed to and made 
a part of the town of Georgetown. 

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

Apjjroved April 15, 1897. 

An Act to authorize the city of fall river to take land nj^nr) 9g5 

FOR THE BETTER PROTECTION OF ITS WATER SUPPLY. 

Be it enacted, etc., as follows : 

Section 1. The citv of Fall River may, for the ])ur- May take cer. 

/• •!. ". T . ^ ' n .1 ' ^ tain lands, 

pose ot providing a reservoir and storage liasin tor the said water rights, 
city and preserving the purity of the water to be held in ^^*'' 



278 Acts, 1897. — Chap. 286. 

May take cer. ^^q Nortli Watuppa pond aiid distributed therefrom, and 

tain landu, . , . ' ^ ^ . , i • • • j_i /• 

watoi lights, protecting and improving the snorea and vicinity tliereot, 
at any time after the passage of this act, take and hold, 
by purchase or otherwise, any part of and all such real 
estate, lands and buildings thereon, easements, rights of 
way, rights of liowage, water rights, water sources, water 
courses, dams, reservoirs and storage basins in the city of 
Fall River and the town of Westport, as it may deem ad- 
visable, and may lay out, maintain and improve the same 
for the purposes aforesaid, and may make rules for the use 
and irovernment of the same, and for breaches of such rules 
affix penalties, not exceeding twenty dollars for each 
offence, to be imposed by any court of competent jurisdic- 

Proviso. tion -.provided, however, that no lands in the town of West- 

port lying more than five hundred yards from the line of 
the present high water mark of said pond within said town 
shall be so taken, and no lands in said town of Westport 
shall be so taken after the first day of April in the year 
eighteen hundred and ninety-eight ; but where promonto- 
ries or points of land project into said pond said limit of 
five hundred yards may be taken to extend from a line 
drawn across the necks or bases of such promontories or 
points of land. Said city shall have authority to take any 
land now used as a highway in the town of Westport and 
lying within said limit ; and in case of such taking said 
city shall relocate and build suitable and convenient ways 
in place thereof for the use of the pul)lic. All such rights, 
easements and property, and the fee of such real estate and 

^klu^g pro|! ^"'^ lands taken or acquired, shall vest in said city. The pro- 

erty, etc. cccdings for the taking of any property authorized to Ije 

taken by this act and for the payment of damages therefor 
shall be the same as provided in chapter one hundred and 
fourteen of the acts of the year eiijhteen hundred and 
ninet^'-one relative to the taking of property by the city 
of Fall River for the purification of its water supply. 
Section 2. This act shall take effect upon its passage. 

Approved April 15, 1S97. 

C'/iftX>.286 ^ ■^^'^ '""^ INCORPORATE THE MASSACHUSETTS STREET RAILWAY 

ACCIDENT ASSOCIATION. 

Be it enacted, etc., as follows : 

Massadnisetts SECTION 1. William Clafliu, Adaius D. Clafliu, Horace 
Accident Asso- B. Parkcr, Leonard D. Ahl, William L. Coolidge, Charles 
por^"d!"'°'' H. Richardson, Walter B. Phillips, AVilliam H. Coolidge, 



Acts, 1897. — Chap. 287. 279 

Henry N. Rice and Edward A. Clark, their associates and 
successors, are hereby made a corporation by the name of 
the Massachusetts Street Railway Accident Association, 
for the purpose of insuring against loss or damage to any 
street railway corporation hereafter mentioned from claims 
for damages on account of injury to persons or on account 
of death of persons caused by any such street railway cor- 
porations ; and for this purpose shall have all the powers 
and privileges and he subject to all the duties, restrictions 
and liabilities set forth in the general laws of this Com- 
monwealth, and in acts in amendment thereof and in addi- 
tion thereto, in relation to mutual insurance companies, so 
far as the same shall be applicable. 

Section 2. Said corporation shall eifect insurance only Form of policy, 
upon business named in section one of this act and shall proved by'*^' 
not do business until its by-laws and form of policy have 
been su]:»mitted to and approved by the insurance commis- 
sioner, nor until at least four of the street railway cor- 
porations of this Commonwealth shall have applied for 
insurance therein. It shall insure no corporation whose 
gross earnings for the year ending on the thirtieth day of 
Septemlier next preceding the application for such insur- 
ance exceed the sum of five hundred thousand dollars. 

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

Approved April 15^ 1897. 



insurance com- 
missiouer. 



Chajj.2Sl 



An Act to phovide for a commission to divide the county 
of suffolk into repkesentative districts. 

Be it enacted, etc., as folloivs : 

Section 1. In the year nineteen hundred and five, and commission to 
every tenth year thereafter, there shall be elected by the orsuffoTk"into 
voters of the county of Suflblk at the annual state election, dXIctsTefec! 
nine commissioners, one of whom shall be a resident of tion, term, etc. 
and a voter in the town of Winthrop ; one shall be a resi- 
dent of and a voter in the town of Revere ; two shall be 
residents of and voters in the city of Chelsea ; and five 
shall be residents of and voters in the city of Boston. The 
election and return of votes for said commissioners shall 
be in the same manner as for register of deeds for said 
county. Said commissioners shall hold office for one 
year, beginning on the first Wednesday of January next 
after their election. At their first meeting they shall pro- 
ceed to organize by choosing a chairman, who shall be 
one of their number, and a clerk. Said commissioners 



280 Acts, 1897. — Chap. 288. 

shall be furnished by the city of Boston with a suitable 
office and room for hearings, and shall be allowed a sum 
not exceeding seven hundred dollars for clerk hire, sta- 
tionery and incidental exi)onses, which shall be paid by 
the treasurer of the city of Boston. 
Divisionof Section 2. Within thirty days after the secretary of 

into lepiesenta- the Commouwealth shall have certified to said commis- 
tive districts, gjoners the number of representatives to which Suti'olk 
county shall be entitled, as determined by the general 
court, said commissioners shall assemble in the citv of 
Boston and shall proceed as soon as may be to divide the 
county of Suffolk into representative districts of contigu- 
ous territory, so as to apportion the representation of said 
county as nearl}^ as may be according to the number of 
legal voters in the several districts, and such districts shall 
be so formed that no town or ward of a city shall be 
divided ; and no district shall be formed which shall be 
entitled to elect more than three representatives. The 
districts, when formed, shall be numbered by the commis- 
sioners, and a description of each, with the numbers thereof 
and the number of legal voters therein, shall be returned 
by the board to the secretary of the Commonwealth, to 
the city treasurer of the city of Boston, and to the clerk 
, of every town in each district, to be filed and kept in their 

respective offices. Ajjproved April 15, 1897. 

Ch(ip.2iSS -^^ -^CT FOR THE BETTER PROTECTION OF FISH AND GAME. 

Be it enacted, etc. , a.s folloivs : 

fawsTe'Sto* Section 1. The district police .'^hall have authority to 
inland tisheiies enforcc the laws relatino; to inland fisheries and tjame, con- 

auu game. . ~.. . ^~. 

currently with the commissioners on inland fisheries and 
game. 
ferwiTo^du"*' Section 2. The steamer now owned by the Common- 
trict police Wealth and used by the commissioners on inland fisheries 
epar men . ^^^^^ game in the enforcement of the laws mentioned in 
section one, is hereby transferred to the district police 
department for use under the direction of the chief of the 
district police in enforcing said laws. 
Repeal. SectiOxV 3. Sectiou two of chapter three hundred and 

eighty-nine of the acts of the year eighteen hundred and 
eighty-eight is hereby repealed. 

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

Approved Ajjril 15, 1897. 



Acts, 1897. — Chaps. 289, 290. 281 



An Act for the protection of shellfish. ChaV-^SO 

Be it enacted, etc., as folloios : 

Section 1. No person shall take any shellfish from Taking of sheii- 
theh' beds, or wilfully obstruct the growth of any shell- taintowus 
fish, within the towns of Ipswich, Essex or Kowley, ex- "^*"'='^®*^- 
cept as hereinafter provided. 

Section 2. The selectmen of any of said towns may selectmen may 

I 11 • 1 /• give permits, 

give permits in writing to any person to take shelmsh from etc. 
their beds within said town at such times, in such quantities 
and for such uses as said selectmen shall deem expedient 
and express in their permits. Said selectmen may refuse 
to give permits to any person to take said shellfish from 
their beds for such time as they may deem expedient. 
But any inhabitant of said towns may without such per- 
mit take said shellfish from their beds in the town of which 
he is an inhabitant, for the use of his family, not exceed- 
ing one bushel in any one day, including shells, and any 
fisherman may without such permit take such shell Hsh 
from their beds for bait for his own use, not exceeding 
one bushel in any one day, including shells. 

Section 3. Whoever violates any of the provisions Penalty. 
of this act shall be punished by a fine of not less than 
ten dollars and not exceeding one hundred dollars, or by 
imprisonment in the house of correction not exceeding 
six months. One half of any fine collected under this 
act shall be paid to the complainant and the other half to 
the town in which the ottence was committed. 

Section 4. District courts and trial justices shall Jg^^tis""" °* 
have concurrent jurisdiction with the superior court of 
all oflfences under this act. 

Section 5. This act shall take effect upon its passage. 

Approved April 21, 1897. 

An Act to authorize the city of lynn to borrow money (J}i(ij),2.Q0 

FOR THE PURPOSE OF PURCHASING LAND AS A SITE FOR A FREE 
PUBLIC LIBRARY BUILDING. 

Be it enacted, etc., as folloios : 

Section 1. The city of Lynn, for the purpose of pur- cjtyo^f ^y^n 
chasino; land whereon to erect a free public library build- Loan, Act of 

-W-. 1RQ7 

ing, in accordance with the bequest of Elizabeth Shute, 
may incur indebtedness from time to time to an amount 
not exceeding in the aggregate thirty-five thousand dollars 



282 



Acts, 1897. — Chap. 291. 



Siuking fund. 



Disbursement 
of proceeds. 



beyond the limit of indebteduess 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 and scrip shall bear on their face the words, City 
of Lynn Library Site Loan, Act of 1897, shall be pay- 
able at the expiration of periods not exceeding twenty 
years from the date of issue, and shall bear interest payable 
semi-annually at a rate not exceeding four per cent, per 
annum, and shall be signed by the mayor and treasurer of 
said city. The said city may sell such securities at public 
or private sale, or pledge the same for money borrowed for 
the purpose aforesaid, upon such terms and conditions as 
it may deem proper. The said city shall provide at the 
time of contracting said loan for the establishment of a 
sinking fund, and shall annually raise by taxation and con- 
tribute to such fund a sum sufficient with the accumulations 
thereof to pay the principal of said loan at maturity. The 
said sinking fund shall remain inviolate and pledged to 
the payment of said loan and shall be used for no other 
purpose ; 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 proceeds of said loan shall be dis- 
bursed by the treasurer of said city on the order of the 
mayor and board of library trustees of said city, and not 
otherwise. 

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

Aiyproved April 21, 1897. 



C7l(ip.2Q\ An Act to change the name of the mercantile loan and 

TRUST COMPANY. 

Be it enacted, etc., as follows : 
Name changed. Section 1. The name of the Mercantile Loan and 
Trust Company, incorporated by chapter four hundred and 
twenty-four of the acts of the year eighteen hundred and 
eighty-eight, is hereby changed to the Mercantile Trust 
Company. 

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

Approved April 21, 1897. 



Acts, 1897. — Chaps. 292, 293. 283 



An Act to pkovide a lien fok lodging-house keepers on (7/iczz>.292 

THE baggage and EFFECTS OF LODGERS. 

£e it enacted, etc., as folloivs : 

Section thirty-one of chapter one hundred and ninety- p- s- 192. § 31, 
two ot the Public Statutes is hereby amended by inserting 
in the first line, after the word '* keepers ", the words : — 
and lodging-house keepers, — by inserting in the second 
line, after the word " board ", the words: — or lodging, 

— by striking out in the third line, and also in the fourth 
line, the words "or boarders", and inserting in place 
thereof, in each case, the words: — boarders or lodgers, 

— so as to read as follows: — Section 31. Boarding- Keepers of 
house keepers and lodging-house keepers shall have, for etc."^ to have 
all proper charges due for fare and board or lodging, a lien Jf^guestsT^''"^ 
on the baggage and effects brought to their houses and be- 
longing to their guests, boarders or lodgers, except when 

such guests, boarders or lodgers are mariners, and such lien 
may be enforced as provided in the seven preceding sec- 
tions. Approved April 21, 1897. 

An Act to authorize the city of lynn to incur indebted- f^Jffyj^ '^OS 

NESS beyond its DEBT LIMIT, FOR THE PURPOSE OF BUILDING 
SEWERS AND DRAINS. 

Be it enacted, etc. , as follows : 

Section 1. The city of Lynn, for the purpose of con- cuyof Lynn 
structing an extension to the outfall of its sewer system, AcTof isqT.' 
may incur indebtedness from time to time to an amount 
not exceeding fifty thousand dollars beyond its debt limit, 
and for the purpose of building other sewers and drains 
may incur indebtedness beyond its debt limit to a like 
amount ; and for said purposes may 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 face the words. City of 
Lynn Sewer Loan, Act of 1897, shall be payable at the ex- 
piration 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 mayor and treasurer of said city. Said city 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purpose of con- 
structing said outfall extension and building sewers and 



284: Acts, 1897. — Chaps. 294, 295. 

drains, upon such terms and conditions as it ma}'^ deem 
Sinking fund, proper. Said city shall provide at the time of contracting 
said loan for the establishment of a sinking fund, and shall 
annually raise by taxation and contribute to such fund a 
sum sutficient with the accunmlations thereof to pay the 
principal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the payment of said 
loan and shall be used for no other purpose ; and said city 
shall raise annually by taxation a sum sufficient to pay the 
interest as it accrues on said bonds, notes and scrip. 
1896, 392, § 2, to Section 2. The provisions of section two of chapter 
three hundred and ninety-two of the acts of the year 
eighteen hundred and ninety-six shall apply in all respects 
to the receipts from assessments and payments made in 
lieu thereof levied on account of the sewers and drains 
constructed under this act. 

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

Approved April 21, 1S97. 



Chap.294: 



An Act relative to sentences to the state prison. 
Be it enacted, etc., as follotos : 

wiienaddu SECTION 1. When a convict who has been sentenced 

ehaii take to thc statc prisou in accordance with chapter five hundred 
effect. ^^^ £q^^j, q^' ^i^g g^^^g Qj.' ^i^g year eighteen hundred and 

ninety-five, receives an additional sentence under said 

act, such additional sentence shall take effect upon the 

expiration of the minimum term of the preceding sentence. 

Certain con- SECTION 2. When a couvict is held in the state prison 

vipts to iiGooinf* 

eiij,'ibie to re. upou two or morc sentcuces imposed under said act he 
beltuberty. ° shall bccome eligible to receive a permit as authorized 
in section two of said act when he has served a term equal 
to the aggregate of the minimum terms of the several sen- 
fences ; and he shall be subject to all the provisions of 
said act until the expiration of a term equal to the aggre- 
gate of the maximum terms of said sentences. 

Approved April 21, 1897. 



Cha2J.29r) 



J/-; An Act to legalize and confirm the proceedings of the 

ANNUAL TOWN MEETING OF THE TOWN OE MELROSE. 

Be it enacted, etc., as follows : 

Proceedings of SECTION 1. The procccdings of tlic anuual town mcct- 
of'Mej^ro!e"«)n- lug of the towu of Mclrosc for the year eighteen hundred 
" and ninety-seven shall not be invalid by reason of the fact 



firmed. 



285 



(7/mj9.296 



Acts, 1897. — Chap. 296. 

that the clerk pro tempore of said meeting was not elected 
as required hy law. 

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

Approved April 21, 1897. 

An Act relative to votinmj in the city of uostox. 
Be it enacted, etc. , as follows : 

Section 1. The board of election commissioners of Registration of 

, . Ill 1 111^1 voters in Bos- 

the city ot Boston shall cause to be prepared books tor the ton, etc. ^ 
registration of the qualified male voters of the city, and 
the general register of voters prepared by said board in 
the year eighteen hundred and ninety-six, and the books 
prepared as aforesaid, shall constitute the general register 
of voters in said city. Said books shall be ruled in parallel 
columns, headed and filled out as follows : — 



-Street. 



a 


S 03 o ». 






>> 




n 








Personal 


6 


o 
2 

s 

1 


0. of Residen 
or other DesigE 
tion, May 1, 
the Year of A 
plication. 






3 






i 

s 

o 




2 
o 

& 

o 

1 


Description. 


a 

Hi 


a 


a 


a 

o 

§ 


o 

1 
o 
o 


ft 
O 


•4^ 

3 


i 


3 
'3 


•4^ 

.SP 


IS 

t fl 

0) 
CD 


« 


K 


'A 


OQ 


« 


O 


Ph 


Ph 


O 


fl 


< 


W 


flH 































First. Under the cohimn headed " Date of Applica- 
tion", shall be written the month, day and year when 
the applicant presents himself and is adjudged a qualitied 
voter. 

Second. Under the column headed "No. of Residence 
or other Designation, May 1, of the Year of Application ", 
the name and number of the street, avenue or other loca- 
tion of the dwelling of the applicant on that day, if there 
is a number, or if there is no number such clear and defi- 
nite description of the place of said dwelling as shall enable 
it to be readily ascertained, fixed and determined ; in case 
there is more than one house at the number given by the 
applicant as his place of residence, in which house he re- 
sides, and if there is more than one familv residino- in said 
. house, he shall state the floor on which he resides. 

Third. Under the column headed " Name ", shall be 
written the name of the applicant, givins; in full the sur- 



286 Acts, 1897. — Chap. 296. 

Registration of name and the Christian name or the name by which he is 

voters in Bob. hi i ji ..,.,,. "^ ^ 

ton, etc. generally known, and the initial ot every other name 

which he may have ; but the names of all voters residing 
in the same dwelling shall follow each other and shall be 
under the street and house number or other description, 
as provided, of the dwelling. 

Fourth. Under the column headed " Signatui-e ", the 
applicant must write his name on a line with the statements 
as herein set forth. 

Fifth. Under the column headed " Residence in City '*, 
shall be written the number of months or years stated by 
the applicant that he has lived therein. 

Sixth. Under the columns headed " Occupation ", and 
* * Place of Occupation ", shall be written a statement giv- 
ing these facts in full. 

Seventh. Under the column headed " Place of Birth", 
shall be written the name of the city or town, county and 
state, country, kingdom, empire or domain, where he was 
born, as stated by the applicant. 

Eighth. Under the column headed " Court ", shall be 
written the designation of the court in which, if the appli- 
cant is naturalized, such naturalization was had, as shown 
by the evidence presented. 

Ninth. Under the column headed " Date of Papers", 
shall be written the date of naturalization, if the applicant 
is naturalized, as shown by the evidence presented by the 
applicant. 

Tenth. Under the column headed " Personal Descrip- 
tion ■', shall be written a statement containing the age, 
approximate height and weight of the applicant. 

Eleventh. Under the column headed " Present Resi- 
dence ", shall be written the residence of the applicant at 
the date of registration, as stated by him. 
ap^pikime^etc! SECTION 2. All elcctiou Commissioner or assistant 
registrar of voters shall, at the times and places fixed for 
registering voters, examine each applicant for registration 
under oath as to his qualifications as a voter, and, if he 
is satisfied that the applicant is a qualified voter, shall 
immediately in the presence of the applicant enter in the 
proper columns of said register the above particulars, ac- 
cording to the statements of the applicant ; and if at any 
time prior to any election said board shall be of opinion 
that there is an error in any of said particulars, the board, 
after notifying the person by mail, by special delivery, that 



Acts, 1897. — Chap. 296. 



287 



he will be heard on a certain day named therein, shall after 
said day correct such error. 

Section 3. No person shall, except as provided in ^^'enain persons 
section forty-five of chapter four hundred and seventeen registered to 
of the acts of the year eighteen hundred and ninety-three, aonTetc'." ^'**' 
have his name entered upon such register unless he shall 
personally appear before said board or one of said election 
commissioners or assistant registrars, and be found to be 
qualified to be registered as a voter; and, if the person is 
a naturalized citizen, he shall produce his naturalization 
papers or a certified copy of the record thereof for inspec- 
tion, and make oath that he is the person named therein 
as being naturalized. But if there is a record in the office 
of said board made in the year eighteen hundred and 
ninety-six, or subsequent thereto, that the naturalization 
papers of the applicant have once been produced and ex- 
amined, they shall not be required to be again produced. 

Section 4. Said board shall each year after the close street lists of 
of registration and before the annual state election, cause made by pre- 
to be made by precincts, from the annual register, street ''^^°^•^'^■ 
lists of the registered voters of said city to be used as the 
check lists at elections, every list shall contain not less 
than two hundred names, and names shall be added to, 
or taken from such lists, as persons are found to be en- 
titled to vote at the elections, or not to be entitled to vote 
at the elections, and the lists shall be in the following 
form : — 



Street or avenue - 



Form of lists. 





Name of Votek. 


Residence, Number 

or other Desig- 

nation, May 1, of the 

Year of Election. 


Residence in City. 


Personal 
Description. 




< 


"S 

a 



















Section 5. Said board shall prepare in pamphlet form, copies of check 
prior to the annual state election and prior to the annual dYst^ributed, etc. 
city election, not less than fifty copies of each check list, 
omitting therefrom everything except the name and resi- 
dence of the voters, and shall distribute said copies as they 
may deem best. 



288 



Acts, 1897. — Chap. 297. 



Voter to write 
his iKinie upon 
request. 



Penalty for 
giving false 
answer, etc. 



Repeal. 



Section 6. Every person upon applying to vote .shall, 
when requested by any election officer, "write bis name 
in a book prepared for the purpose, unless the voter de- 
clares under oath to the presiding officer that he was a 
voter before the first day of May in the year eighteen 
hundred and fifty-seven and cannot read or write, or that 
by reason of blindness or other physical disability he is 
unal)le to write. 

Section 7. Any person who gives a false answer to 
any authorized question relating to his registration asked 
by any commissioner or deputy commissioner, or who 
attempts to register under an}'- name other than his own, 
or to otherwise register illegally, or who votes or attempts 
to vote under any name other than his own, or to other- 
wise vote illegally, and any election officer who knowingly 
permits or aids in the violation of any provisions of law 
relating to i-egistration or election, shall be punished by 
imprisonment in the state prison for not more than three 
years, or in the house of correction for not less than six 
months. 

Section 8. Chapter five hundred and forty- seven of 
the acts of the year eighteen hundred and ninety-six, and 
all acts and parts of acts inconsistent herewith, are hereby 
repealed. Approved April 21, 1897. 



Chap.^iQl An Act to provide for a jail and house of correction in 

THE Cixr OF FALL RIVER, FOR THE COUNTY OF BRISTOL. 



County com- 
missioners may 
take land in 
Fall River. 



Be it enacted, etc., as follows : 

Section 1. The county commissioners of the county 
of Bristol are hereby authorized to purchase or otherwise 
take in fee in the city of Fall River at any time within one 
year from the passage of this act, sufficient land for the 
l)urposes of a jail and house of correction. The order for 
such taking shall be approved by a board to consist of 
three residents of the county of Bri-stol, who shall be 
appointed by the governor hy and with the advice and 
consent of the council and shall serve without pay. 
i^nd7etc'°to°be Within thirty days from the approval by said board of 
such taking the said county commissioners shall file in 
the registry of deeds for the Fall River district of said 
county a description of the land so taken sufficiently accu- 
rate for identification, with a statement of the j^urpose for 
which the same was taken, signed by said county commis- 



recorded. 



Acts, 1897. — Chap. 297. 289 

sioners ; and thereupon the title of the land so taken shall 
vest in fee in said county of Bristol. 

Section 2. Said county shall pay all damages sus- Damages. 
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 Bristol a 
petition for a jury to determine such damages ; and there- 
upon, after such notice as said court shall order, the dam- 
ages shall be determined by a jury in said court, in the 
same manner as damages for land taken for highways in 
the city of Fall River, and costs shall be taxed as in civil 
cases. 

Section 3. As soon as may be after the land is ac- to erect a 
quired, as herein provided, the said county commissioners jau anThoiLe 
shall proceed to erect thereon a suitable building for a jail °* correction. 
and house of correction, to contain not less than one hun- 
dred and fifty separate cells. 

Section 4. No contract shall be made for the construe- P'ans, etc., to 
tion of said building until plans, together with detailed •" '^^p'^"''** • 
estimates of cost from reliable parties who are willing 
and prepared to furnish bonds with satisfactory sureties 
for the actual performance of the work and the furnishing 
of materials for the amount specified in said estimates, 
have been submitted to and approved by the board desig- 
nated in section one of this act. And such approval shall 
not be given to any plans so submitted until said board is 
fully satisfied that the cost of the building, together with 
the cost of laud, will not exceed the amount of one hun- 
dred and thirty thousand dollars. 

Section 5. The county commissioners, after said plans to advertise for 
have been so approved, shall advertise for proposals for work^etc/"'^ 
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 county of Bristol, 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 purchase 
his material. The contract for said work shall be awarded 
to the lowest responsible bidder, but shall not be so 
awarded by the county commissioners until said contracts 



290 



Acts, 1897. — Chap. 297 



Clause to be 
inserted in 
every contract. 



Payment of 
expenses. 



Receiving o^f 
certain bids to 
be authority to 
borrow money, 
etc. 



Governor to 
isBue proclama- 
tion establish- 
ing a jail and 
house of correc- 
tion at Fall 
River. 



have been approved by them, said county commissioners 
having the right to reject any and all bids. 

Section 6. At the end of every contract awarded un- 
der this act shall be inserted the folio wini;: clause : — But 
said party of the second part shall not receive any sum in 
addition to the sum named in this contract for any addi- 
tional 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 this chapter shall first 
approve the same and the additional sum or sums to be 
paid therefor. 

Section 7. 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 one hundred 
and thirty thousand dollars. The indebtedness so in- 
curred by said county shall be paid out of the amounts 
received for taxes as follows : — Fifteen thousand dollars 
in each of the years eighteen hundred and ninety-eight, 
eighteen hundred and ninety-nine, and twenty thousand 
dollars in each subsequent year until the whole indebted- 
ness is paid. 

Section 8. The receiving by the county commis- 
sioners of bids from responsible parties for the complete 
construction of the building authorized under this act 
within a sum which, with the cost of the land purchased or 
taken under this act, shall not exceed the sum of one hun- 
dred and thirty thousand dollars, shall be a condition pre- 
cedent to the authority of said commissioners to borrow 
money under this act, except for procuring plans and 
specifications and for the cost of the land taken or pur- 
chased as provided in this act. 

Section 9. When said buildings are ready to be oc- 
cupied the governor shall issue his proclamation establish- 
ing a jail and house of correction at Fall River; and 
thereafter all laws pertaining to the jails and houses of 
correction in the several counties of the Commonwealth 
shall apply to the institution so established at Fall River. 

Section 10. This act shall take effect upon its passage. 

Approved Ap)ril 21, 1S97. 



Acts, 1897. — Chap. 298. 291 



An Act to incorporate the orange and erving street rail- (Jlinj) 998 

WAY COMPANY. 

Be it enacted, etc., as follows: 

Section 1. John W. Wheeler, Jay B. Reynolds, orange and 
Warren M. King, Fred A. Dexter, Edward C. Fowler, RLu'wIyCom- 
Edward A. Goddard, Dwight A. Armstrong, Charles A. ^Sr" 
Towne, Stephen French, William H. Crowley, George M. 
Wheeler, Marcus M. Stebbins, Noah Rankin, Edwin 
Wilber, Henry D. Reynolds, Henry F. Burnett, Charles 
S. Stone, J. Henry Webster, Solomon H. Amidon, 
Dennis E. Farley, George E. Monroe, Edson J. Pratt and 
Thomas O'Keefe, their associates and successors, are 
hereby made a corporation under the name of the Orange 
and Erving 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 com- 
panies. 

Section 2. Said company may locate, construct, main- May construct, 

. . 1 J. 'J. •! • u 1 etc., its railway 

tain and operate its railway in such manner as may be in certain 
convenient and necessary, in part upon private land and *°^°^- 
upon streets, highways or state roads, in the towns of 
Orange, Erving and Montague, subject to the approval 
and under the control of the selectmen of the respective 
towns, as provided by general laws, and subject also to 
the approval and consent of the Massachusetts highway 
commission as to any part of said railway located upon a 
state highway. The location of said railway outside the Location. 
public streets and highways shall not exceed fitty feet in 
width. 

Section 3. Said company may maintain and operate Motive power, 
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 selectmen in 
the respective towns, may erect such poles and wires in 
the streets and highways as may be necessary to estal)lish 
and maintain such motive power. It may acquire by May acquire 
purchase or by lease all necessary real estate for its power esta'te!'"^ '^^ 
stations, and for the construction and maintenance of its 
railway. 

Section 4. The capital stock of said company shall capital etock. 
not exceed seventy thousand dollars, except that said 
company may increase its capital stock, subject to the 
provisions of the general laws relative thereto. 



292 



Acts, 1897. — Chap. 299. 



May issue 
mortgage 
bonds, etc. 



May carry per- 
sonal baggage, 
etc. 



Issue of stock 
or bonds to be 
approved by 
railroad com- 
miBsionera. 



Portion of road 
to be put iu 
operation 
within four 
years. 



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 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 dispose of property 
included therein which may become unsuitable for use, 
provided an equivalent in value is substituted therefor. 

Section 6. Said company is hereby authorized to use 
its said tracks to carry personal baggage and small parcels 
over any street or highway or over any private land upon 
which it may be authorized to construct its tracks as afore- 
said, subject to the provisions of chapter seventy-three of 
the Public Statutes and of all laws relating to common 
carriers. 

Section 7. No stock or bonds shall be issued under 
this act until the terms of such issue have been submitted to 
the board of railroad commissioners and approved by them 
under the general laws relative to the issue of stock and 
bonds by railroads and street railways. And if they ap- 
prove such issue a certificate setting forth such approval 
shall be executed by said board and filed by said company 
in the ofiice of the secretary of the Commonwealth. 

Section 8. The authority herein granted shall cease 
unless some portion of the proposed road has been built 
and put in operation within four years from the passage 
of this act. 

Section 9. This act shall take effect upon its passage. 

Ajyproved April 21, 1897. 



Cities and towns 
may take l;)nd« 
for Bchool- 
houses, etc. 



C^tt/>.299 -^N ^^"^ '^'^ AUTHORIZE THE TAKING OF LAND FOK SCHOOLHOUSES. 

Be it enacted., etc., as folloivs : 

Section 1. Cities by their city councils, and towns 

])y their selectmen, may take, maintain and hold, in fee, 

any lands for the erection of a schoolhouse and necessary 

buildings, or for enlarging a schoolhouse or schoolhouse 

lot ; but the selectmen of towns shall not take any such 

lands unless jireviously authorized so to do at some public 

meeting of the inhabitants of the town regularly warned 

and notified therefor. 

pescription of Section 2. The city councils of cities and the select- 
lands, etc., to ^ 1 11 1 1 1 • J^I • A. 

be recorded. men of towus shall causc to be recorded in the registry 



Acts, 1897. — Chap. 300. 293 

of deeds for the county or district of the county in which 
the lands are situated, a description thereof sufficiently 
accurate for identification, with a statement of the pur})ose 
for which the same were taken, which statement shall be 
signed by the mayor of the city or by the chairman of the 
selectmen of the town taking the land as aforesaid, and 
upon such recording the land so described shall be taken 
for such city or town. 

Section 3. The city councils of cities and the select- Damages. 
men of towns shall estimate and determine as near as may 
be all damages sustained by any person or corporation by 
the taking of land, or any right therein, under this act; 
but any one aggrieved by such determination ma}' have 
such damages assessed by a jury of the superior court, in 
the same manner as is provided by law with respect to 
damages sustained by reason of the laying out of ways. 
If upon trial damages are increased beyond the amount 
determined as aforesaid the aggrieved party shall recover 
costs, otherwise such party shall pay costs, and costs shall 
be taxed as in civil cases ; but no suit or petition for such 
damages shall be brought after the expiration of two years 
from the date of the recording of the description and state- 
ment as aforesaid. 

Section 4. The powers conferred upon and the duties Powers to be 
to be performed by city councils of cities under this act tueet^c ^ 
shall, in the city of Boston, be conferred upon and ex- Bo8to°n 
ercised by the board of street commissioners of said city, 
with the approval of the mayor. 

Section 5. This act shall take effect upon its passage. 

Approved April 21, 1897. 



com- 
mlBsioners in 



CliapMO 



An Act relative to the use of buildings for stables. 

Be it enacted, etc., as folloios: 

Section 1 . Section one of chapter eighty-nine of the issq. sq, § i, 
acts of the year eighteen hundred and eighty-nine is hereby *™^° 
amended by striking out in the second and third lines, the 
words "first authorized thereto", and inserting in place 
thereof the words : — such use is authorized, — so as to 
read as follows : — Section 1. No person shall hereafter use of buildings 

1 •! T • lA 'i /• T-> J /» for stables in 

occupy or use any buildmg in the city or Boston for a Boston regu. 
stable unless such use is authorized by the board of health ^^''"^' 
of said city, and in such case only to the extent so author- 
ized, provided that this act shall not prevent any such 



294 



Acts, 189^ 



Chap. 300. 



1892,419. § 115, 
amended. 



Use of certain 
buildiugs an 
stables to be 
authorized by 
board of health. 



1895,213, §1, 
etc., amended. 



Use of buildings 
for Htables in 
certain cities to 
be licensed. 



Authority to 
use a stable in 
Bostou. 



occupation and use autliorizecl by law at the time of the 
passage of this act, to the extent so authorized. 

Section 2. Section one hundred and fifteen of chapter 
four hundred and nineteen of the acts of the year eighteen 
hundred and ninety-two is hereby amended by striking 
out in the fourth and fifth lines, the words "without the 
consent of the mayor and aldermen ", and inserting in place 
thereof the words: — unless such use is authorized by 
the board of health, — so as to read as follows : — Section 
115. No building, any part of which is within the limits 
or within forty feet of the property of any adjoining owner, 
shall be erected for or converted to use as a stable, unless 
such use is authorized by the board of health after public 
hearing had, after written notice to the adjoining owners, 
and after public notice published at least three times, and 
at least ten days before the hearing, in at least two news- 
papers published in Boston. 

Section 3. Section one of chapter two hundred and 
thirteen of the acts of the year eighteen hundred and ninety- 
five, as amended by chapter three hundred and thirty-two 
of the acts of the year eighteen hundred and ninety-six, 
is hereby amended by striking out in the third line, the 
words "first licensed so to do", and inserting in place 
thereof the words : — such use is licensed, — so as to read 
as follows ; — Section 1. No person shall hereafter erect, 
occupy or use for a stable any building in any city whose 
population exceeds twenty-five thousand, unless such use 
is licensed by the board of health of said city, and in such 
case only to the extent so licensed. 

Section 4. In any case in which a person has been 
or shall hereafter be granted a license or other authorit}^ 
to use a stable on any land in the city of Boston, such 
authority shall be construed to mean a license or au- 
thority to any person thereafter occupying the land, to 
occupy and use a stable on such land until otherwise or- 
dered by the board of health of said city. 

Section 5. This act shall take effect upon its passage. 

Api)roved Apnl 23, 1897. 



Acts, 1897. — Chaps. 301, 302. 295 



Chap.mi 



An Act to authorize the county commissioners of the 
county of bristol to provide suitable accommodations 
for the third district court, and to make certain repairs 
and additions to the county court house in the city op 
new bedford. 

Be it enacted, etc., as follows : 

Section 1. The county commissioners of the county county com- 
of Bristol are hereby authorized to borrow on the credit of provide'a'c^com- 
said county a sum not exceeding fifty thousand dollars, to Imrd dTstricr 
be expended by them in the purchase or lease of such real '^°^^^' ^^'^• 
estate in the city of New Bedford, the erection or altera- 
tion of a building thereon, and the suitable furnishing of 
the same, as shall provide convenient and suitable accom- 
modations for the third district court of Bristol ; and also 
for making such repairs, alterations and additions to the 
county court house in the city of New Bedford as in their 
judgment shall be necessary. 

Section 2. No contract shall be made for the erection, no contract to 
alteration or repair of said buildings until plans, together pfa'tTs'^havTbeen 
with the detailed estimate of the cost, from reliable parties '^ppro^ed, etc. 
who are willing and prepared to furnish bonds with satis- 
factory sureties for the actual performance of the work 
and the furnishing of the materials for the amounts speci- 
fied in said estimates, have been submitted to the board 
of county commissioners and approved by said board. 

Section 3. This act shall take efi^ect upon its passage. 

Approved April 23, 1897. 

An Act to establish a portion of the boundary line be- nj^nj) 309 

TWEEN THE TOWNS OF WAREHAM AND MARION. "' 

Be it enacted, etc., as folloios : 

Section 1. The following described line shall here- portion of boun- 
after be a part of the dividing line between the towns of tween ware^ 
Wareham and Marion, to wit : ~ Beginning at the point erbii"h^!"°° 
of beginning of the line established by chapter forty 
of the acts of the year eighteen hundred and fifty- 
nine and therein described as at the junction of Sip- 
pican and We wean tit rivers, at a point bearing north, 
seventy-two and one quarter degrees east, four hundred 
and twenty-eight feet from a split stone monument marked 
M on the top, standing on the westerly bank of Sippican 
river, on land of William Eankin ; thence the line runs 



296 



Acts, 1897. — Chap. 303. 



Lines to be 
located and 
defined by 
range marks, 
etc. 



.southeasterly, folloMinij the thread of the channel of 
Weweantit river to its mouth, at a i)oint due south of and 
eight hundred feet distant from the most southerly point 
in the mean hi<>:h water line of Cromeset Neck in Ware- 
ham ; thence the line runs due east till it intersects a 
straight line drawn from the most southerly point in the 
mean high water line of Cromeset Neck to the center of 
Wing's Neck lighthouse in the town of Bourne j thence 
southeasterly, in said line ft'om Cromeset Neck to Wing's 
Neck lighthouse, till it intersects the boundary line be- 
tween the towns of Wareham and Bourne or said boun- 
dary line produced. 

Section 2. The board of harbor and land commis- 
sioners is hereby directed to cause the portion of said 
lines south and east of the mouth of Weweantit river to 
be located and defined by range marks placed on the 
shores, and said towns shall immediately thereafter set 
suitable granite bounds at the points so marked, the size 
of said bounds and the inscriptions to be placed thereon 
to be approved by said board. All expenses incurred in 
locating and marking said line under the provisions of 
this act shall be paid by said towns in equal proportions. 

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

Ax>inoved April 23, 1897. 



1883, 242. 
amended. 



(7/ir/».303 -^^ ^^"^ RELATIVE TO UNCLAIMED DEPOSITS AND DIVIDENDS IN 

INSOLVENCY. 

Be it enacted, etc., as folloios : 

Section 1. Chapter two hundred and forty-two of 
the acts of the year eiirhteen hundred and eiijhty-three is 
hereby amended by inserting after the word "declared", 
in the first line, the words : — or which has become pay- 
al)le to a creditor who has proved his claim under a com- 
position confirmed by the court, — and by inserting after 
the word " same ", in the third line, the words : — or, in 
a case of composition, the register, — so as to read as 
Unclaimed divi- foUows : — If a dividend, which a court of insolvency has 
deposited or dcclarcd, or which has become payable to a creditor who 
has proved his claim under a composition confirmed by the 
court, remains for six months unclaimed, the assignee who 
was ordered to pay over the same, or, in a case of com- 
position, the register, may deposit it in some savings bank 
or other like institution, or invest it in bank stock or other 



invested, etc. 



Acts, 1897. — Chap. 304 297 

stocks, as the court of insolvency may direct, to accumu- 
late for the benefit of the person entitled thereto. Such 
deposit or investment shall be made in the name of the 
judge of the court of insolvency for the time being, and 
shall be subject to the order of such judge and of his suc- 
cessors in office as hereinafter provided. The person mak- 
ing such deposit or investment shall file in the court of 
insolvency a memorandum thereof, with the original cer- 
tificate or other evidences of title thereto, which shall be 
allowed as suflicient voucher for such payment. When Money to be 
the person entitled to the money deposited satisfies the pany entuied to 
judge of such court of insolvency of his right to receive '^ceiveit. 
the same, the judge shall cause it to be transferred and 
paid over to him. 

Section 2. If a sum of money heretofore or hereafter Money de- 
deposited with a register of the court of insolvency to registei may 
secure the payment of fees, or to carry out a composition etV.°^ ''***' ' 
confirmed by the court, or any part of said sum, remains 
unclaimed for one year after the depositor or other person 
is entitled to receive it, the register may, under the direc- 
tion of the court, deposit it in some savings bank, or in- 
vest it, in the manner set forth in the preceding section, 
and subject to the provisions thereof. 

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

Ap2)roved April 23, 1897. 



(7/^ap.304 



An Act relative to safe deposit, loan and trust companies. 
Be it enacted, etc. , as folloivs : 

Section 1 . Section two of chapter four hundred and ^^gi^^^j' ^ ^' 
thirteen of the acts of the year eighteen hundred and 
eighty-eight is hereby amended by striking out the whole 
of said section and inserting in place thereof the folio w- 
injr : — /Section 2. The capital stock of every such cor- capital stock of 
poration shall not be less than five hundred thousand loan and tiuU 
dollars nor more than one million dollars, except that in '^°™p''°"- 
any place the population of which does not exceed one 
hundred thousand the capital may be not less than two 
hundred thousand dollars. The capital shall be divided 
into shares of the par value of one hundred dollars each ; 
and no business shall be transacted by the corporation 
until the whole amount of its capital stock is subscribed 
for and actually paid in, and no shares shall be issued 
until the par value of such shares shall have actually been 



298 



Acts, 1897. — Chap. 305. 



To file liBt of 
Btockholilers 
with commis- 
Bioners of Hav- 
ings banke, etc. 



1888, 413, § 3, 
amended. 



Officers of 
corporation. 



paid in in cash. Beforo entering npon active business 
every such corporation shall tile with the board of com- 
missioners of savings l)anks a list of its stockholders, 
giving the name, residence and post office address of 
each stockholder and the number of shares of stock held 
by each, which list shall be verified by the two principal 
officers of the corporation. Upon receipt of such list the 
board of commissioners of savings banks shall examine, 
or cause an examination to be made, in order to ascertain 
whether the whole capital of such corporation has been 
paid in in cash ; and if it appears from such examination 
that the capital has not been fully paid in in cash, said 
board shall not grant a certificate authorizing such cor- 
poration to commence business ; and no such corporation 
shall commence business until such certificate has been 
granted by said board. 

Section 2. Section three of said chapter is hereby 
amended by adding at the end thereof the following 
words : — and all such officers shall be sworn to the 
faithful discharge of their duties, — so as to read as fol- 
lows : — Section 3. The officers of every such corpora- 
tion shall consist of a president, clerk, or secretary, a 
board of not less than seven directors, a treasurer or 
actuary, or both, and such other officers as may be pre- 
scribed by its by-laws ; and all such officers shall be 
sworn to the faithful discharge of their duties. 

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

Apiproved April 23, 1897. 



P.S. 102, §12, 
etc., amended. 



ChapS\Or) An Act relative to the liability of innholders for losses 

SUSTAINED UY GUESTS. 

Be it enacted, etc., as follotos: 

Section 1. Section twelve of chapter one hundred 
and two of the Pul)lic Statutes, as amended by chapter 
three hundred and fifty-eight of the acts of the year 
eighteen hundred and eighty-five, is hereby amended by 
striking out in the eighth line, the word "five", and 
inserting in place thereof the word : — three, — so as to 
read as follows : — iSection 12. No innholder shall be 
liable for losses sustained by a guest, except losses of 
wearing ap})arel, articles worn or carried on the person, 
personal baggage and money necessary for travelling 
expenses and personal use ; nor shall any such guest 



Lial)ility of 
iniiholdert*. 



Acts, 1897. — Chaps. 306, 307. 299 



recover of an innliolder more than one thousand dollars 
as damages for any such loss or losses : provided, however. Provisos. 
that an innholder shall be liable in damages to an amount 
not exceeding three thousand dollars for the loss of money, 
jewels and ornaments of a guest which have been spe- 
cially deposited for safe keeping, or offered to be so 
deposited, with such innholder, person in charge at the 
office of the inn or other agent of such innholder author- 
ized to receive such deposit ; and 'provided, further, that 
nothing herein contained shall affect the innholder's lia- 
])ility under the provisions of any special contract for 
other property deposited with him for safe keeping after 
being fully informed of its nature and value, nor increase 
his liability in case of loss by fire or overwhelming force 
beyond that specified in section fifteen of said chapter. 
Section 2. This act shall take effect upon its passage. 

Approved April 23, 1897. 

An Act to provide for the appointmekt of an assistant /^^«^ 806 

DISTRICT attorney FOR THE SOUTHERN DISTRICT. ^ 

Be it enacted, etc., as foHoivs : 

Section 1. The district attorney for the southern ^f^j'^^*^"*^^^; 
district may appoint an assistant district attorney, who mayWap- 
shall, under his direction, assist him in the performance ^°'" ^ 
of his duties, and shall be removal)le at his pleasure. 
The salary of such assistant shall be twelve hundred 
dollars a year, and at the same rate for any part of a 
year. 

Section 2. Chapter four hundred and fifty-seven of Repeal. 
the acts of the year eighteen hundred and ninety-three 
is hereby repealed. 

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

Approved April 23, 1897. 

An Act to incorporate the milford steam heat, power and Qhup.oOl 

REFRIGERATION COMPANY. 

Be it enacted, etc., as folloivs : 

Section 1. Charles W. Shippee, George W. God- S.'power 
dard, Isaac H. Davis, J. Allen Rice, Charles E. Guild, ^°^ |^^^'f^^'^- 
Arthur E. Childs and Charles A. Couch, their associates iucorporated. 
and successors, are hereby made a corporation under the 
name of the Milford Steam Heat, Power and Refrigera- 
tion Company, for the purpose of manufacturing, buying, 



300 



Acts, 1897. — Chap. 307. 



Capital Btock. 



May hold real 
estate. 



Certificate of 
payment of 
capital to be 
tiled, etc. 



May issue 
mortgage 
bouds, etc. 



Issue of Btock 
and bonds to be 
approved by 
commissioner of 
corporations, 
etc. 



selling, dealing in, conveying, transporting and distrib- 
uting steam heat, power and refrigeration for manufactur- 
ing and other purposes, ^xlth all the powers and privileges 
and subject to all the duties, restrictions and lial)ilities 
set forth in all general laws which now are or may here- 
after be in force applical)le to such corporations. 

Section 2. The capital stock of the company shall 
be one hundred thousand dollars, divided into one thou- 
sand shares of the par value of one hundred dollars 
each. 

Section 3. Said company may, for the purposes set 
forth in this act, hold real estate not exceeding in value 
sixty thousand dollars. 

Section 4. Immediately after the payment of the 
capital of said company a certificate shall be signed and 
sworn to by its president, treasurer and at least a ma- 
jority 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 company to be invested at the time of making 
the certificate. Such certificate shall be approved by 
the commissioner of corporations and shall be tiled in the 
office of the secretary of the Commonwealth. A convey- 
ance to the company of property, real or personal, at a 
fair valuation, shall be deemed a sufficient paying in of the 
capital stock to the extent of such value, if a statement is 
included in the certificate made, signed and sworn to by its 
president, treasurer and a majority of its directors, giving 
a description of such property and the value at which it 
has been taken in payment, in such detail as the commis- 
sioner of corporations shall require or approve, and in- 
dorsed with his certificate that he is satisfied that said 
valuation is fair and reasonable. 

Section 5. Said company may issue bonds and secure 
the same by a mortgage upon its franchise and other prop- 
erty to an amount not exceeding its capital stock actually 
paid in. The proceeds of all bonds so issued shall only 
be expended in the extension of the works of the company 
and for the payment of expenditures actually made in the 
construction of the works, over and above the amount of 
the capital stock actually paid in. 

Section (5. The capital stock and bonds hereinbefore 
authorized shall l)e issued only in such amounts as may 
from time to time, upon investigation by the commis- 



Acts, 1897. — Chap. 307. 301 

sioner of corporations, be deemed hy him to be reason- 
ably requisite for the purposes to which the proceeds 
thereof are to be applied. His decision approving such 
issue shall specify the respective amounts of stock and 
bonds authorized to be issued, and the purposes to which 
the proceeds thereof are to be applied. A certificate set- 
ting forth his decision shall bo tiled in the office of the 
secretary of the Commonwealth before the certificates of 
stock or the bonds are issued, and the proceeds of such 
stock or bonds shall not be applied to any purpose not 
specified in such decision. 

Section 7. The company may, for the purposes May lay pipes, 
aforesaid and subject to the conditions hereinafter set ''°°'*"it^' *''•=• 
forth, lay, construct, maintain, repair and operate a line 
or lines of mains, pipes or conduits, with the manholes 
and other apparatus necessary for the operation thereof 
for the purposes aforesaid, in, along, through, under, 
across or over any public ways, water courses, railroads, 
railways, bridges or subways in the town of Milford, and 
may make such excavations and construct such works as 
may be necessary for the laying, construction, mainte- 
nance, repair, extension, operation and examination of such 
conduits, pipes, manholes and other apparatus, machinery 
and works. But nothing herein shall be, so construed as 
authorizing the location by said company of any of its 
pipes, lines, works, conduits, manholes or machinery in, 
over or through any public park or common, until said 
company has first obtained the consent of the park com- 
missioners or other authorities having control of such 
public parks or common. No conduit, pipe or main 
shall be laid longitudinally along the location of any 
steam railroad corporation, nor shall any manhole or 
other structure be erected within such location, with- 
out the consent of the directors of such steam railroad 
corporation ; but the company may lay, construct, main- 
tain and operate its conduits, pipes or mains across or 
under such location, at such times and under such reason- 
able regulations and restrictions as the directors of such 
railroad corporation shall prescribe. 

Section 8. Said company may, for the purposes May dig up 
aforesaid, dig up public ways in the town of Milford : MufordT'*^^ ^° 
provided, however, that said company shall not enter upon Proviso. 
or dig up any public ways except upon the approval 
of the selectmen of said town, after a public hearing by 



302 Acts, 1807. — Chap. 308. 

I'roviBo. said selectmen, of which hearing at least ten days' notice 

shall be given by pul)lishing an attested copy of said 
notice in a newspaper published in said town, or by 
posting an attested coi)y in at least iive pul)lic places in 
said town. When said company shall desire a location 
in the streets or public ways of said town it shall apply 
to the selectmen thereof, stating the streets, ways and 
lanes in which the com})any desires to locate its conduit, 
mains and pipes, and the said company shall put all 
streets, ways and lanes which are opened by it in as 
good rei)air as they were when o[)ened, and to the sat- 
isfaction of the selectmen of said town, and upon failure 
so to do within a reasonable time said company shall be 
deemed guilty of a nuisance ; and no grant made to it 
shall affect the right or remedy to recover damages for 
an injury caused to persons or property by the doings 
of the said company. 

pr"ovS°!°etc"* Section 9. The supreme judicial court and any jus- 
tice thereof, and the superior court and any justice thereof, 
shall have jurisdiction in equity, on petition of any party 
interested, to compel compliance with the provisions of 
this act and to prevent any violations of the provisions 
thereof. 

Section 10. This act shall take effect upon its passage. 

Ajyproved April 23, 1S97, 

CJiap.'^OS ^^ Act to authorize the iiaverhill, georgf:town and dan- 

VERS STREET RAILWAY COMPANY TO CONSTRUCT ITS RAILWAY 
OVER THE TRACKS OF THE NEWBURYPORT KAILROAD IN MAIN 
STREET IN GEORGETOWN. 

Be it enacted, etc., as follows: 

Ime'nded.^^' Section 1. Scctiou two of chapter three hundred and 

eighty-four of the acts of the year eighteen hundred and 
ninety-three is hereby amended by inserting in the eleventh 
line, after the word "towns", the words : — and said com- 
pany is hereby authorized to construct and operate its 
railway over and upon Main street in said Georgetown, 
where said street crosses the tracks of the Newbury})oi't 
railroad between the freight and ])assenger de})ots in said 
town, and over and upon said tracks at the same level 
therewith, upon condition that whenever the grade cross- 
ing of said Main street and the tracks of the Newbury- 
port railroad is altered so as to avoid a crossing at grade, 



Acts, 1897. — Chap. 308. 303 

under the provisions of chapter four hundred and twenty- isqs, 384, § 2, 
eight of the acts of the year eighteen hundred and ninety, 
or of any acts in addition thereto or in amendment thereof, 
or any special act, said street railway company, its suc- 
cessors or assigns, sliall bear and pay ten per cent, of tlie 
total cost of such alteration, and the remainder of said 
cost shall be apportioned as provided in chapter four hun- 
dred and twenty-eight of the acts of the year eighteen 
hundred and ninety, between the Newburyport Railroad 
Company, the Commonwealth, and the town of George- 
town, and upon further condition that said company shall 
not hereafter carry on the ex})re88 business or be a com- 
mon carrier for the conveyance of goods and parcels, in 
accordance with the provisions of chapter seventy-three 
of the Public Statutes, and of all laws relating to com- 
mon carriers and express companies, — so as to read as 
follows : — Section 2. Said company is hereljy author- Haverhiii, 
ized to construct and operate a railway, with single or and Danvers 
double tracks, and with convenient turn-outs and switches, company may 
over and upon any streets or highways in the towns of operlVet rau- 
Danvers, Topsfield, Boxford, Georgetown, that part of ^^X''®'^'*'" 
the town of Groveland lying south of the Boston and 
Maine railroad tracks and known as South Groveland, 
and that part of the town of Bradford lying north of the 
southerly line of Salem street and east of Main street, as 
shall from time to time be fixed and determined by the 
selectmen of the said respective towns: and said com- May cross 
pany is hereby authorized to construct and operate its burypoit raii- 
railway over and upon Main street in said Georgetown, [own"ete?°'^^''' 
where said street crosses the tracks of the Newburyport 
railroad between the freight and passenger depots in said 
town, and over and upon said tracks at the same level 
therewith, upon condition that whenever the grade cross- 
ing of said Main street and the tracks of the Newbury- 
port railroad is altered so as to avoid a crossing at grade, 
under the provisions of chapter four hundred and twenty- 
eight of the acts of the year eighteen hundred and ninety, 
or of any acts in addition thereto or in amendment thereof, 
or any special act, said street railway company, its suc- 
cessors or assigns, shall bear and pay ten per cent, of the 
total cost of such alteration, and the remainder of said 
cost shall be apportioned as provided in chapter four hun- 
dred and twenty-eight of the acts of the year eighteen 
hundred and ninety, between the Newburyport Railroad 



304 Acts, 1897. — Chap. 308. 

Company, the Commonwealth, and the town of George- 
town, and upon further condition that said company shall 
not hereafter carry on the express business or be a com- 
mon carrier for the conveyance of goods and parcels, in 
accordance with the provisions of chapter seventy-three 
of the Public Statutes, and of all laws relating to com- 
May use tracks mou carrlcrs aud express companies. Said Haverhill, 
renceand' ' Gcorgctown and Danvers Street Railway Company may, 
Railway com^''' whcn it has complctcd five miles of track upon the routes 
P*°y* above-described, procure from the Lowell, Lawrence and 

Haverhill Street Railway Company the right to enter 
upon and use with its cars the tracks of the Lowell, Law- 
rence and Haverhill Street Railway Company, through 
and over Main street in said Bradford from its junction 
with Salem street, the highway bridge connecting Brad- 
ford with the city of Haverhill and Bridge street to the 
junction of Merrimac, Main and Water streets in said 
Haverhill, upon such terms and conditions and for such 
compensation as the two companies may agree upon, 
subject to the approval of the mayor and aldermen of 
Haverhill and the selectmen of Bradford and the board 
Proviso. of railroad commissioners : provided, that the said Haver- 

hill, Georgetown and Danvers Street Railway Company 
shall not have the right to construct and operate its rail- 
way as aforesaid in any part of Main street in said Brad- 
ford, nor on said bridge, nor any part of Bridge street 
in said Haverhill, unless at any time the Lowell, Law- 
rence and Haverhill Street Railway Company shall not 
own or control tracks in Bradford on Main street, or on 
said bridge, or in Haverhill on said Bridge street, or 
shall unreasonably refuse to grant to the said Haverhill, 
Georgetown and Danvers Street Railway Company the 
right to enter upon and use with its cars the tracks of the 
said Lowell, Lawrence and Haverhill Street Railway Com- 
pany in the aforesaid Main street and from the junction 
with Salem street and Bridge street ; but it is expressly 
provided that if the companies named herein fail to agree 
upon the amount of the compensation, or upon the terms 
and conditions mentioned above, the same are to be de- 
termined by the board of railroad commissioners ; and 
if the said Lowell, Lawrence and Haverhill Street Rail- 
way Company shall neglect or refuse to abide by the 
determination of the said l)oard of railroad commis- 
sioners, or if at any time the Lowell, Lawrence and 
Haverhill Street Railway Company shall not own or con- 



Acts, 1897. — Chaps. 309, 310. 305 

trol tracks in Bradford on said Main street or on said 
bridge, or in Haverhill on said Bridge street, or shall 
unreasonably refuse to enter into such an agreement with 
the Haverhill, Georgetown and Danvers Street Railway 
Company, then the latter company may, subject to the 
approval of the selectmen of Bradford and the mayor 
and aldermen of Haverhill, extend its tracks and neces- 
sary electrical equipment in and through Main street in 
Bradford, on and over said bridge and into the city of 
Haverhill to the junction of the streets therein above- 
named, and operate its cars thereon. 

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

Approved April 23, 1897. 

An Act to extend the time within which the havp:khill, (Jhftjj 309 

GEORGETOWN AND DANVERS STREET RAILWAY COMPANY MAY 
CONSTRUCT A PORTION OF ITS RAILWAY. 

Be it enacted, etc., as follows : 

Section 1 . Section eioi:ht of chapter three hundred ^?^^' ^^*' i s, 

. r>i />i 1 e\,c., amended. 

and eighty-four of the acts of the year eighteen hundred 
and ninety-three, as amended by chapter two hundred and 
forty-three of the acts of the year eighteen hundred and 
ninety-four, is hereby further amended by striking out 
in the eighth line, the word " four ", and inserting in place 
thereof the word : — six, — so as to read as follows : — 
Section 8. If the provisions of this act shall not be Time extended. 
accepted by said compaii}^, and if said company shall not 
build and put in operation some portion of its road in any 
of said towns within thirty months after the passage of 
this act, then this act shall be void, and all corporate 
powers thereunder shall cease ; and if there is any por- 
tion of said road that is not completed by the building 
of at least a single line of track within six years from 
the passage of this act, to that portion said company 
shall lie deemed to have waived its rights, and said rights 
therein shall thereupon be forfeited and terminated. 
Section 2. This act shall take effect upon its passage. 

Approved April 23, 1897. 

An Act relative to the construction, maintenance and njtnjy 320 

INSPECTION of buildings IN THE CITY OF BOSTON. 

Be it enacted, etc.^ as follows : 

Section 1 . Chapter four hundred and nineteen of the ^892, 419, 
acts of the year eighteen hundred and ninety-two is hereby 



306 



Acts, 1897. — Chap. 310. 



Ways of egress 
from certain 
buildings in 
Boston, etc. 



ProviBO. 



Repeal. 



amended hy inserting after section eighty-one the follow- 
ing section : — /Section 82. No building two stories or 
more in height hereafter erected in the city of Boston, 
and no such building in said city not used at the passage 
of this act as a schoolhouse, church, theatre, imblic buiUl- 
ing, hall, })lace of assembly or ])ublic resort, tenement 
house, boarding house or lodging house, or as a factory 
or workshop where ten or more })ersons are employed, 
or used above the second story as a dwelling by two or 
more families, shall be used for any of said purposes 
unless such building is provided wath at least tw^o inde- 
pendent and sufficient ways of egress. One of said ways 
of egress shall consist of a flight of stairs extending from 
the lowest to the highest floor, made of fireproof material 
and enclosed in brick walls, with the enclosed space or 
Btairway provided with a ventilating skylight which can 
be oi)ened and closed from every floor, and having open- 
ings through an external wall to the outer air at least 
one to each story except the upper and the low^er, each 
opening to have an area of at least five square feet and 
to be maintained unobstructed ; jjrovided, hoivever, that 
when there shall be within the s})ace enclosed by the 
stairway and its landings from the second story ui)wards 
an open area for light and ventilation whose least hori- 
zontal dimensions shall be equal to the width of the stairs, 
but in no case less than three feet, then the aforesaid 
openings through an exterior wall may be omitted. There 
shall be no opening upon the stairway except as aforesaid 
and for said skylight, and for doors from apartments and 
corridors. The other way of egress shall be a flight of 
stairs approved by the inspector of l)uildings, and may 
project over a public way. Every way of egress from 
every such building shall be kept in good repair and 
unobstructed. 

Section 2. Chapter two hundred and ninety-three of 
the acts of the year eighteen hundred and ninety-three is 
hereby repealed. 

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

Approved April 23, 1897, 



Acts, 1897. — Chap. 311. 307 



An Act to provide for the interest and sinking fund require- (JJinj) 31 1 

MENTS OF THE METROPOLITAN PARKS LOANS AND EXPENSES OF THE -^ 

METROPOLITAN PARK COMMISSION. 

Be it enacted^ etc.^ as follows : 

Section 1. The metropolitan park commission, created p^^'rbsL'oan" 
by chapter four hundred and seven of the acts of the year 
eighteen hundred and ninety-three, for the imrpose of 
carrying out the provisions of said act and of all acts 
in amendment thereof or in addition thereto, including 
chapters four hundred and eighty-three and five hundred 
and nine of the acts of the year eighteen hundred and 
ninety-four, chapter four hundred and fifty of the acts of 
the year eighteen hundred and ninety-five, and chapter 
five hundred and fifty of the acts of the year eighteen 
hundred and ninety-six, may expend the further sum of 
nine hundred thousand dollars in addition to all sums 
heretofore authorized to be expended by it ; and to meet 
the expenditures incurred under the authority of this act 
the treasurer and receiver general shall issue a correspond- 
ing amount of scrip or certificates of indebtedness as an 
addition to the Metropolitan Parks Loan. The sinking sinking fund, 
fund already established by law shall also be maintained 
for the purpose of extinguishing scrip, certificates or 
bonds issued under the authority of this act. Any 
premium realized on the sale of said scrip, certificates or 
bonds shall be applied to the payment of the interest on 
the loan hereby authorized, as it accrues. Said scrip, 
certificates or bonds shall be issued, and additions to said 
sinking funds so established shall be assessed and col- 
lected, in accordance with the provisions of sections nine, 
ten, eleven and twelve of said chapter four hundred and 
seven of the acts of the year eighteen hundred and ninety- 
three, and the provisions of chapter two hundred and 
eighty-three of the acts of the year eighteen hundred and 
ninety-five and chapter five hundred and fifty of the acts 
of the year eighteen hundred and ninety-six. 

Section 2. The said metropolitan park commission ^^^*^°Pj°^![^° 
may, for the purposes of constructing roadways and series fwo* 
boulevards under the authority of chapter two hundred 
and eighty-eight of the acts of the year eighteen hundred 
and ninety-four, and of any acts in amendment thereof or 
in addition thereto, including chapter five hundred and 
fifty of the acts of the year eighteen hundred and ninety- 



308 Acts, 1897. — Chaps. 312,. 313. 

six, expend tlie further sum of one hundred thousand 
dollars in addition to all sums heretofore authorized to 
he ex[)ended ])y it for the pur[)oses of constructing said 
roadways and boulevards ; and to meet any expenditure 
laider the authority of this act the treasurer and receiver 
general shall issue a corresponding amount of scrip or 
certificates of indebtedness or bonds, as an addition to 
Sinking fund, fi)e Metropolitan Parks Loan, Series Two. The shdving 
fund already established by law shall also be main- 
tained for the purpose of extinguishing scrip, certificates 
or bonds issued under the authority of this act. Any 
premium realized on the sale of said scrip, certificates or 
bonds shall be applied to the payment of the interest on 
the loan hereby authorized, as it accrues. Said scrip, 
certificates of indebtedness or bonds shall be issued and 
said sinking fund assessed and collected in accordance 
with the provisions of said chapter two hundred and 
eighty-eight of the acts of the year eighteen hundred and 
ninety-four and chapter five hundred and fifty of the acts 
of the year eighteen hundred and ninety-six. 

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

Ax)proved April 23, 1S97. 

(JJiar).312 An -^ct making an appropriation for expenses in connection 

WITH THE GRANT MONUMENT INAUGURAL PARADE. 

Be it enacted, etc., as follows: 
Representation SECTION 1 . The sum of Seventeen thousand five hun- 

or oo 111 111 oil- ^ 

wealth at Grant Jrcd dollars is hereby appropriated, to be paid out of the 
augural parade, trcasuiy of the Commonwealtli from the ordinary revenue, 
to meet expenses incurred in providing for the represen- 
tation of the Commonwealth at the Grant monument in- 
augural parade in the city of New York, on the twenty- 
seventh day of April of the present year, as authorized by 
chapter forty-five of the resolves of the present year. 
Section 2. This act shall take efiect upon its passage. 

Ajyproved April 23, 1897. 

C^hai) 313 An Act making appropriations for the Massachusetts chari- 

TAliLE EYE AND EAR INFIUMARY, FOR EXPENSES OF NEW NORMAL 
SCHOOLS, AND FOR CERTAIN OTHER EXPENSES AUTHORIZED UY 
LAW. 

Be it enacted, etc., as folloios: 
Appropriations. SECTION 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 



Acts, 1897. — CiiAr. 313. 309 

monwealth from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and for certain other expenses autliorized by law, to 
wit : — 

For establishing and maintaining a museum for the Military 
preservation and exhibition of objects connected with the ™"*''"™- 
military history of the United States, as authorized by 
chapter two hundred and four of the acts of the present 
year, a sum not exceeding fifteen hundred dollars. 

To provide for stocking the great ponds of the state stocking great 
with food fish, as authorized by chapter two hundred and lisii. 
eight of the acts of the present year, a sum not exceeding 
five hundred dollars. 

For further provision for the protection of the public Protection of 
health in the valleys of the Concord and Sudbury rivers, '-aiiVys o?oon-° 
as authorized l)y chapter two hundred and thirty-one of buVy 'river". 
the acts of the present year, a sum not exceeding fifteen 
hundred dollars. 

For the expenses of the board of commissioners for commiseioners 
the promotion of uniformity of legislation in the United oTunmnmHy of 
States, as authorized by chapter two hundred and thirty- united states?" 
two of the acts of the present }'ear, the sum of nine hun- 
dred thirty-two dollars and eighty-two cents. 

For compiling, indexing and publishing the records Revolutionary 
of the Massachusetts troops who served in the revolu- ""'°' 
tionary war, as authorized by chapter twenty-two of the 
resolves of the present 3'ear, a sum not exceeding six 
thousand dollars. 

For expenses in connection with locatino; defining and Bo"ndary line 

I _ •T'' ~ between Massa- 

marking the boundary line between the Commonwealth cimsetts and 

New York 

of Massachusetts and the state of New York, as author- 
ized by chapter twenty-five of the resolves of the present 
year, a sum not exceeding four thousand dollars. 

For the purchase of additional land for the grounds state normal 
of the new state normal school at Hyannis, as authorized Hyannis. 
by chapter twenty-nine of the resolves of the present 
year, a sum not exceeding seven thousand five hundred 
dollars. 

For the Massachusetts Charitable Eye and Ear Infirm- MassachueettB 
ary, as authorized by chapter thirty-six of the resolves and E^u'in- ^* 
of the present year, the sum of twenty-five thousand '^""'"">- 
dollars. 

For James N. Tolman, as authorized by chapter thirty- 'Tames n. 
eight of the resolves of the present year, the sum of six 
hundred dollars. 



310 



Acts, 1897. — CiiAr. 313. 



Westborough 
iu»aue hospital. 



State normal 
school at 
Bridgewater. 



State normal 
Bchool at North 
Adams. 



State normal 
school at 
Fltchburg. 



Harry W. 
Welch. 



Temporary 
quarters for 
senate. 



District police 
detailed for ser- 
vice with com- 
missioners on 
inland tisberies. 



Contested elec- 
tion cases. 



Witnesses be- 
fore committees 
of legislature. 



Janitors of 
armories. 



Messenger in 
department of 
treasurer. 



For completing the new system of drainage at the 
We.stborough insane hospital, as authorized by chapter 
thirty-nine of the resolves of the present year, a sum 
not e-\cccding two thousand dollars. 

For certain repairs and improvements at the state 
normal school at Bridgewater, as authorized by chapter 
forty-one of the resolves of the present year, a sum not 
exceeding twelve thousand eight hundred and eighty-eight 
dollars. 

For furnishing and equipping the new state normal 
school at North Adams, as authorized by chapter fort}'^- 
two of the resolves of the present year, a sum not ex- 
ceeding fifteen thousand dollars. 

For completing the grading, furnishing additional ap- 
paratus, and equipping the new state normal school at 
Fitchburg, as authorized by chapter forty-three of the 
resolves of the present year, a sum not exceeding seven- 
teen thousand dollars. 

For Harry W. Welch, as authorized by chapter sixty- 
four of the resolves of the year eighteen hundred and 
ninety-six, the sum of three hundred dollars. 

For the payment of certain bills for expenses incurred 
in providing temporary quarters for the senate, the sum 
of eight hundred twenty-nine dollars and forty-five cents. 

For travelling expenses of the member of the district 
police detailed for service with the commissioners on in- 
land fisheries, the sum of one hundred thirty-two dollars 
and fifty-four cents. 

For expenses in connection with reporting contested 
election cases, a sum not exceeding two hundred dollars. 

For expenses of summoning witnesses before com- 
mittees of the present legislature, and for fees of such 
witnesses, a sum not exceeding three hundred dollars, 
the same to be in addition to any amount heretofore ap- 
propriated for the same purpose. 

For compensation of janitors of armories, as author- 
ized by chapter two hundred and fifty-three of the acts 
of the present year, a sum not exceedihg seven thousand 
dollars. 

For the compensation of a messenger in the depart- 
ment of the treasurer and receiver general, as authorized 
by chapter two hundred and fifty-six of the acts of the 
present year, a sum not exceeding six hundred and sev- 
enty-five dollars. 



Acts, 1897. — Chaps. 314, 315. 311 

For authorized expenses of committees of the present Expenses of 

. '-.■,. T • 1? committees of 

legislature, to include clerical assistance and services or legislature. 
stenographers to committees authorized to employ the 
same, also expenses in connection with committee adver- 
tisino^, a sum not exceedins: five thousand dollars, the 
same to be in addition to any amount heretofore appro- 
priated. 

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

Approved April 23, 1897. 



An Act to change the name of the school for christian 

WORKERS. 



Chap.^14: 



Be it enacted, etc., asfoUoivs: 

Section 1. The corporation organized under the gen- Name changed. 
eral laws of this Commonwealth as The School for Chris- 
tian Workers shall hereafter be known as Bible Normal 
College, and all its corporate rights and property and all 
gifts, devises, bequests and conveyances to it by either 
name, which have been or hereafter may be made, shall 
vest in said Bible Normal College. 

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

Approved April 23, 1897. 



Chap'SW 



An Act to permit street railway companies to allow street 
sprinkling apparatus to be used upon their tracks. 

Be it enacted, etc., as follmvs : 

Section 1. Street railway companies using horses, Mayaiiow 
electricity, or aii}^ other motive power in operating their nngta^rs'to^'e 
respective roads within the Commonwealth, may allow "ra'ck"''e°tc. 
street sprinkling cars or other similar apparatus to be 
used upon their tracks, and may furnish the motive power 
and use of tracks or other facilities, and may make con- 
tracts therefor. 

Section 2. In the city of Boston this act shall be in Boston regu- 
operative only to such extent and subject to such regula- iTpp^oved by 
tions and restrictions as the board of railroad commis- !^'^ii'l?nnVr«'"' 
sioners may approve, having regard to the necessities of 
public travel. 

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

App7-oved April 23, 1897. 



312 Acts, 1897. — Chaps. 31(3, 817, 318. 



OJiap.Sli) -^^ -^CT RELATIVE TO THE APPROVAL OK PLANS KOli COUNTY 

PRISONS. 

Be it enacted^ etc., as follows: 

Plans for SECTION 1. All plaiis for the construction of a new 

to beappioveu jail, liouse of coiTectlon or reformatory, or for the enlarjje- 

by coruiniH- * . /• • !• • -i i ,• i- /• 

Bioneisof lucnt oi any existing jail, house oi correction or reiorina- 

pusoDs. tory, shall be approved by the commissioners of prisons ; 

and no bills for such construction or enlargement shall be 
incurred or })aid until the plans therefor have been form- 
ally approved by a majority of said commissioners : 

ProviBo. provided^ however, that this act shall not apply to cases 

where provision is made in any act for the ai)proval of 
plans by a special board, therein specified, other than the 
board of county commissioners. 

JOjta^e^effect Section 2, This act shall take effect on the first day 
of July in the year eighteen hundred and ninety-seven. 

Approved April 23, 1S97. 

Chap.317 ^N ^CT TO PROVIDE FOR CLERICAL ASSISTANCE IN THE OFFICE OF 
THE REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY 
OF SUFFOLK. 

Be it enacted, etc., as follows : 
Clerical assist- Section 1 . The register of probate and insolvency for 
the county of Suffolk shall be allowed for clerical assist- 
ance, in addition to the amount now allowed by law, 
a sum not exceeding eighteen hundred dollars a year, to 
be paid from the treasury of the Commonwealth to per- 
sons who actually perform the work, upon the certificate 
of said register, countersigned by a judge of probate and 
insolvency for said county, that the work has been actu- 
ally performed by such persons. 

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

Approved April 23, 1897. 

ChCip.'SlS -^N ^^'^ T^ ESTABLISH THE SALARY OF THE JUSTICE OF THE PO- 
LICE COURT OF SOMERVILLE. 

Be it enacted, etc. , as follows : 

JoHcrcourtof Section 1. The salary of the justice of the police 
somerviiie. court of Somcrville shall be two thousand dollars a year, 
to be so allowed from the first day of January in the 3'ear 
eighteen hundred and ninety-seven. 

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

Approved Ap)ril 29, 1897. 



Acts, 1897. — Chap. 319. 313 



An Act rp:lative to the laying out and construction of 0A«».319 
highways in the city of boston. 

Se it enacted, etc., as folloios : 

Section 1. The treasurer of the city of Boston, for Treasurer of 

.-. p ' ,-\ • 1-1- city of Boston 

the purpose or paying the expenses incurred in laying to issue bonds, 
out, locating anew, altering, widening and constructing ''*°' 
highwa^^s in the city of Boston, under the provisions of 
chapter three hundred and twenty-three of the acts of the 
year eighteen hundred and ninety-one and of acts in 
amendment thereof or in addition thereto, shall from time 
to time issue and sell negotiable bonds or certificates of 
said city to the amount of three million dollars in addition 
to the amounts already authorized for said purposes. 
The proceeds of said bonds shall be used only for laying 
out, locating anew, altering, widening and constructing 
streets fifty feet or less in width, and for constructing 
sewers in said city estimated to cost not less than four 
dollars per linear foot. 

Section 2. Said bonds shall bear interest payable Not to be 
semi-annually on the first days of January and July of determiniug 
each year; shall be registered or with interest coupons ^ebt hmit, etc. 
attached ; shall be issued for terms of thirty years from 
their dates ; shall be sold and disposed of in such man- 
ner and at such times and prices and in such amounts and 
at such rates of interest, not exceeding four per cent, per 
annum, 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. 

Section 3. Said treasurer shall hold the proceeds of Payment of 

i expenses. 

said bonds in the treasury of said city, and shall pay 
therefrom the expenses incurred for the purposes afore- 
said : ])rovided, however, that he shall pay over to the Proviso, 
board of sinking funds commissioners of said city any 
premiums received by him in the sale of said bonds, and 
said commissioners shall place all amounts so paid by said 
treasurer in a sinking fund for the payment of the l)onds 
hereby authorized. 

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

Approved April 29, 1897. 



314 Acts, 1807. — Chaps. 320, 321, 322, 323. 



Chap.320 An Act to establish the salary of the clerk of the board 

OF POLICE FOR THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 
Clerk of board Section 1. The sahiiy of the clerk of the board of 
°he dty of°' police for the city of Boston shall be two thousand eight 
hundred dollars a year, to be so allowed from the first 
day of January in the year eighteen hundred and ninety- 
seven, the same to be paid from the treasury of the city 
of Boston. 

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

Apjyroved April 29, 1897. 



Boston. 



Chnn ^'^^ ^^ -^^^ '^^ AUTHORIZE EXECUTORS AND ADMINISTRATORS TO PRO- 
^ *' "^ VIDE FOR THE PERPETUAL CARE OF BURIAL LOTS. 

Be it enacted, etc. , as follows : 
AciniinistratorB, Section 1. Exccutors or administrators may pay to 
vide f^r^per°" cemctcry corporations or to cities or towns having burial 
buHai iX °^ places therein a reasonable sum of money for the perpetual 
care of the lot in which the body of their testate or in- 
testate is buried. The probate court shall determine, 
after notice to all parties in interest, to whom the same 
shall be paid and the amount thereof, and such sum 
shall be allowed in final accounts of such executors or 
administrators. 

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

Approved April 29, 1897. 



Q9Q An Act to establish the salary of the clerk of the district 

COURT OF SOUTHERN BERKSHIRE. 



CAap.322 

Be it enacted, etc., as follows: 
Clerk of (lis- Section 1. The salary of the clerk of the district 

smithern " court of Soutliem Berkshire shall be seven hundred dol- 
Berkshire. j^^,^ ^ year, to be so allowed from the first day of January 
in the year eighteen hundred and ninety-seven. 

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

Api)roved April 29, 1897. 

Chan 323 ^"^ ^^"^ '^^ establish the boundary line between the TOWNS 
^ ' OF GAY' head and CHILMARK. 

Be it enacted, etc., as follows: 
Boiindary^Hne Section 1. The boundary line between the towns of 
Head aud Q-av Head and Chilmark is hereby established as follows : 

Ohilmark *' 

established. 



Acts, 1897. — Chap. 323. 315 

— Beginning at a rock on a neck of land known as Mco- Boundary line 
demus Neck, near the westward part of Squibnocket pond, Headland ^^ 

— tlie rock near Smelt creek bearing north, thirty degrees established. 
east, and Gull island, a small island in said pond, bearing 
north, seventy-four degrees east, — the line runs due south 
across the marsh and beach to the high water mark of the 

sea or ocean ; thence it runs south, sixty-three degrees 
west, (true meridian), to the exterior line of the Com- 
monwealth. Starting again at the point of beginning on 
Nicodemus Neck the line runs south, fifty-five degrees 
west, across Squibnocket pond to a rock on Hillman's 
Point, so-called, on Squibnocket ; thence north, ten and 
one half degrees east, crossing said pond to the southern 
end of a stone wall on Nashawaqueedsee, the narrow neck 
between Squibnocket and Menamsha ponds ; thence north, 
twenty-five degrees east, three rods by said wall ; thence 
north, forty-seven and one half degrees east, sixty-seven 
rods by said wall and crossing the main road between 
Chilmark and Gay Head ; thence north, twenty-six de- 
grees east, three and three fourths rods by said wall to 
its northern end by Menamsha pond ; thence north, fifty 
and one fourth degrees east, crossing said Menamsha 
pond in the direction of a large rock on Pease's Point, 
so-called, distant about four hundred and fifty rods, 
until it strikes the middle of the outlet from said pond 
to the Vineyard Sound; thence by the middle of said 
outlet to a point distant one hundred and thirty feet and 
bearing north, forty degrees west, (true meridian), from 
a stone bound to be placed near the shore on the south 
side of the old highway which passes by the Tilton house 
to the shore ; thence in the same course north, forty de- 
grees west, one thousand one hundred and seventy feet, 
passing through a stone bound to be placed on the island 
which it crosses to a point at or near the high water mark 
of Vineyard Sound ; thence north, twenty-nine degrees 
west, (true meridian), to the general division line of tide 
water in Vineyard Sound, as located and defined by the 
board of harbor and land commissioners, pursuant to 
chapter one hundred and ninety-six of the acts of the 
year eighteen hundred and eighty-one; — and the I'i.^^^t May divert,^^^^ 
is hereby granted to either and both the towns of Gay from Menamsha 
Head and Chilmark to dig, divert and maintain the ^°° * 
outlet from Menamsha pond so that the center of its 
mouth shall be upon the l)oundary line hereby estab- 



316 Acts, 1897. — Chaps. 324, 325. 

lislied, and to dam any other outlet then or thereafter 
existing. 
T.ocrtting .111(1 Section 2. The board of harl^or and land commis- 

inarkiug boun- , , . n i i t 

dary line, etc. sioners is hereby directed to locate and mark the line 
described in section one by setting stone bounds wher- 
ever required ; and whenever one or both of said towns 
or one or more of the inhabitants of said towns will 
agree, with such sureties as are satisfactory to said board, 
to close the existing outlet of Menamsha pond and to 
excavate a new one through the beach on said boundary 
line, in a location and in a manner to be approved or 
prescribed by the board of liarbor and land commis- 
sioners, then said board is authorized and directed to 
build a suitable protection to the banks on each side of 
said new outlet and extending into the Vineyard Sound 
for the purpose of fixing the location of said outlet and 
there marking said l)Oundary line ; and a sum not exceed- 
ing two thousand dollars may be expended for the pur- 
pose of locating and marking said boundary line in the 
manner herein provided for. 
i.<)una:i.'y li'iKN SECTION 3. Upou tlic completiou of the work herein 
etc., to behud. pi-ovided for said board shall file in the ofiice of the secre- 
tary of the Commonwealth and in the registry of deeds 
for the county of Dukes County a plan showing the 
boundary line hereby established and the monuments 
markino; the same. 

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

Approved April 29, 1897. 

Ch(ip.32i4^ An Act to establish the salary of the justice of the police 

COURT OF GLOUCESTER. 

Be it enacted, etc., as folloios : 
Justice of Section 1. The salary of the iustice of the police 

I)olioc court of « /^ . 

oiouceHter. coui't of Glouccstcr shall be eighteen hundred dollars 
a year, to be so allowed from the first day of January 
in the year eighteen hundred and ninety-seven. 

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

Ajwoved April 29, 1897. 

GllCLP.^^^ -A^ -^^"^ "^^ ESTABLISH THE SALARY OF THE JUSTICE OF THE POLICE 

COURT OF WnjJAMSTOWN. 

Be it enacted, etc., as follows: 
Justice of Section 1. The salary of the iustice of the police 

police court of . TxrMT i • ^ i ^ ii 

w.iiiiaiiiBtown, court of Williamstowii shall be six hundred dollars a 



Acts, 1897. — Chaps. 326, 327. 317 

year, to be so allowed from the first day of January in 
the year eighteen hundred and ninety-seven. 

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

A2)2^roved April 29, 1897. 

An Act relative to voluntary assignments for the kenefit (J]iapjy2iQ 

OF CREDITORS. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and amliidtdJ'' 
forty of the acts of the year eighteen hundred and eighty- 
seven is hereby amended by adding at the end of said 
section the words : — and shall also deposit with the clerk 
of the city or town in which the principal business of the 
debtor is carried on a copy of such assignment, which 
shall be tiled and indexed by said clerk ; and said clerk 
shall be entitled to receive therefor a fee of one dollar, 
— so as to read as follows : — Section 2. The trustees TniBteesto^^^^ 
named in said assignment shall, before proceeding to act creditors, etc. 
and immediately on the acceptance of their trust, give 
notice in writing by mail or otherwise, to all known 
creditors of the debtor, of such assignment and their 
acceptance thereof, and shall also deposit with the clerk 
of the city or town in which the principal business of the 
debtor is carried on a copy of such assignment, which 
shall be filed and indexed by said clerk ; and said clerk 
shall be entitled to receive therefor a fee of one dollar. 

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

Approved April 29, 1897. 

An Act relative to property held by the metropolitan (7^(^^9.327 

WATER board. 

B& it enacted, etc. , as folloios : 

Section 1. Section thirty of chapter four hundred ameLdod.^ ^°' 
and eighty-eight of the acts of the year eighteen hundred 
and ninety-five is hereby amended by striking out the 
whole of said section and inserting in place thereof the 
following: — Section 30. All general laws relating to certain general 
the water supplies of cities and towns, and property held to metropolitan 
for such supplies, including chapter three hundred and ^^»|«'' ^^PP'y- 
fifty-two of the acts of the year eighteen hundred and 
ninety-three, shall, so far as they are applicable and not 
inconsistent with the provisions of this act, apply to the 
metropolitan water supply and the lands held and used 



318 Acts, 1897. — Chaps. 328, 329, 330. 

by the metropolitan Avatcr ])oard for said water supply, 
ill cities and towns other than the towns of Boylston and 
West Boylston. 

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

Approved April 29, 1S97. 

C/Jiap.'d2iS ^^ Act relative to the kegistkation by the civil service 

COMMISSIONERS OF APPLICANTS FOR LAliOR. 

Be it enacted, etc., as follows: 

a^r^HcantlTo?^ Section 1. Applicants for positions in the labor ser- 
iabor. vice of the Commonwealth or of the cities thereof shall 

be allowed to register, to the number of five hundred, on 
the first Monday of February, May, August, and Novem- 
ber in each year, at the places ai)pointed for the registry 
of such applicants, and any rules heretofore made by the 
civil service commissioners which are inconsistent with 
the provision of this act are hereby annulled. 

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

Approved April 29, 1897. 

ChapJ32d An Act to establish the salary of the deputy superin- 
tendent OF THE reformatory PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

t^nden^of''^""' "^^^ Salary of the deputy superintendent of the reforma- 
■■^"formatory tory prisou for women shall l)e one thousand dollars a 
women. year, to be so allowed from the first day of April in the 

year eighteen hundred and ninety-seven. 

Approved April 30, 1897. 

Ohctp.S'^O An Act to establish a portion of the boundary line between 

THE TOWNS OF HINGHAM AND COHASSET. 

Be it enacted, etc. , as folloios : 
Portion of Section 1, The following described line shall here- 

bouDiiary line , . . *? , 

between Hing- after bc a part of the dividing lines between the towns 
Bet cBtabiiBhed. of Hiiigham and Cohasset, to wit : — Beginning at a stone 
bound in the present dividing line standing on the north- 
erly side of Turkey Hill lane near the summit of Turkey 
hill; thence running north, sixty-seven degrees thirty- 
seven minutes east, (true bearing), three thousand five 
hundred and eighty-two feet to a stone bound standing 
in open cultivated land ; thence running north, three 
degrees nine minutes west, (true bearing), four hundred 



Acts, 189T. — Chap. 331. 319 

and thirty-eight feet to a stone bound standing on the 
northerly side of North Main street and the southerly 
side of the New York, New Haven and Hartford railroad ; 
thence running north, sixty-five degrees two minutes 
west, (true bearing), two thousand three hundred and 
twenty-two feet to a stone bound standing on the easterly 
side of Hull street ; thence running in the same straight 
line to the center of said Hull street in the present divid- 
ing line between said towns. The topographical survey piau to be nied. 
commission is hereby directed to file a plan of the said 
boundary line with the secretary of the Commonwealth. 
Section 2. This act shall take effect upon its passage. 

Apirroved April 30, 1897. 

An Act to establish a portion ov the boundary line be- (7Aft».331 

TWEEN THE TOWNS OF HINGIIAM AND NORWELL. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall here- Portion of 
after be a part of the dividing line between the towns between Hiug- 
of Hino-ham and Norwell, to wit : — Beginning at a stone NoTw"eii estab. 
bound standing on the westerly side of Union street at "*^® 
the corner of the towns of Hingham, Norwell and Scit- 
uate, thence running south, sixty-six degrees seventeen 
minutes west, (true bearing), three thousand nine hun- 
dred and thirty-seven feet to a stone bound in the present 
dividing line standing in an open pasture on the southerly 
slope of Prospect hill ; thence running south, fifty-nine 
degrees sixteen minutes west, (true bearing), five thou- 
sand seven hundred and eighty-three feet to a stone bound 
in the present dividing line standing in woodland ; thence 
running south, fifty-four degrees forty-one minutes west, 
(true bearing), five thousand six hundred and seventy- 
two feet to a stone bound in the present dividing line on 
the easterly shore of Accord pond. The topographical p'='" t° '^''" ''''"^^• 
survey commission is hereby directed to file a plan of the 
said boundary line with the secretary of the Common- 
wealth. 

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

Apjyroved April 30, 1897. 



/ 



320 



Acts, 1897. — Chaps. 332, 333. 



Chap.3'S2i An Act to establish a poktion ok the boundary line be- 
tween THE TOWNS OF COHASSET AND SCITUATE. 

Be it enacted, etc., as follows: 
Portion of Section 1. The folio wino; described line shall here- 

bouiKlary line ,. ,i t-i- t ij ji j 

between coiiiif.. aftci' 06 a part oi the dividing line between the towns 
cBtabiishe'd!"''*" of Cohasset and Scituate, to wit : — Beginning at a stone 
liound standing on the easterly bank of Gulf river, thence 
running south, sixty-seven degrees forty-nine minutes 
west, (true bearing), to the present dividing line in Gulf 
river : beffinnino; ag^ain at said stone bound, thence run- 
ning north, sixty-seven degrees forty-nine minutes east, 
(true bearing), five hundred and fifty-five feet to a stone 
bound standing on the westerly side of Border street ; 
thence running north, forty-eight degrees forty-seven 
minutes east, (true bearing), seven hundred and nineteen 
feet to a stone bound standing on the westerly bank of 
Bailey's creek and continuing in the same direction to 
Plan to be filed, the prcsciit dividing line in the center of said creek. The 
topographical survey commission is hereby directed to 
file a plan of the said boundary line with the secretary 
of the Commonwealth. 

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

Ajyproved April 30, 1897. 



C'^«X>.333 -^^ -^^^ ^^ ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS 

OF HINGHAM AND SCITUATE. 



Boundary line 
between Bing- 
ham and Scitu- 
ate established. 



Be it enacted, etc., as follows : 

Section 1. The following described line shall here- 
after be the dividing line between the towns of Hing- 
ham and Scituate, to wit : — Beginning at a stone bound 
standing in woodland at the corner of the towns of Cohas- 
set, Hingham and Scituate, thence running south, fifty- 
five degrees fifty-one minutes west, (true bearing), three 
thousand eight hundred and eighty-five feet to a stone 
bound standing on the westerly side of Union street at 
the corner of the towns of Hingham, Norwell and Scit- 
nanto befiied. uate. The topographical survey commission is hereby 
directed to file a plan of the said boundary line with the 
secretary of the Commonwealth. 

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

Apprqved April 30, 1897. 



Acts, 1897. — Chaps. 334 335, 33(3. 321 



An Act relative to the appointment of a seventh assistant (7Attl>.334: 

CLERK OF THE SUPERIOR COURT, CIVIL SESSION, FOR THE COUNTY 
OF SUFFOLK. 

Be it enacted,, etc., as folloios : 

Section 1. The justices of the superior court or a seventh assist. 
majority of them may appoint a seventh assistant clerk be appointed^ 
of said court for civil business in the county of Sutiblk, 
who shall be subject to the provisions of law applicable 
to assistant clerks of courts in said county, and who 
shall receive in full for all services performed by him an 
annual salary of twenty-live hundred dollars, to be paid 
by said county. 

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

Approved May 1, 1897. 

An Act to authorize the town of amesbury to refund a (7AttZ>.335 

PORTION of its indebtedness. 

Be it enacted, etc., asfolloivs: 

Section 1. The town of Amesbury, for the purpose May issue 

lioudfl notes or 

of refunding its outstanding note indebtedness, may issue scrip, 'etc. 
bonds, notes or scrip to an amount not exceeding seventy- 
one thousand dollars, payable in periods not exceeding 
fifteen years from the date of issue, and bearing interest 
payable semi-annually at a rate not exceeding five per 
cent, per annum. Said bonds, notes or scrip may be 
sold at public or private sale, and the proceeds thereof 
shall be used to discharge an equal amount of the exist- 
ing note indebtedness of said town. The provisions of ps- 29, etc., to 
chapter twenty-nine of the Public Statutes and of acts 
in amendment thereof and in addition thereto shall, in 
respect to the establishment of a sinking fund and in all 
other respects so far as applicable, apply to the indebt- 
edness authorized by this act and the securities issued 
therefor. 

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

Approved May 1, 1897. 

An Act to regulate the price to be charged for water by' (77i«r).336 

WATER COMPANIES IN THE METROPOLITAN DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter four hun- 1895, 488, §23, 
dred and eighty-eight of the acts of the year eighteen hun- a^^ended. 



322 



Acts, 1897. — Chap. 336. 



1895, 488, 
amended. 



Use of water 
by certain 
cities, towns 
and water com- 
panies re- 
stricted , etc. 



clred and ninety-five is hereby amended by adding at the 
end thereof the words : — and no such company shall be 
entitled to charge more for water than a reasonable sum, 
measured by the price ordinarily charged for a similar 
service in other cities and towns in the metropolitan dis- 
trict. The selectmen of a town or any persons deeming 
themselves aggrieved by the price charged for water Ijy 
any such company may, in the year eighteen hundred and 
ninety-eight and every fifth year thereafter, apply by 
petition to the supreme judicial court, asking to have the 
rate fixed at a reasonable sum, measured by the standard 
above-specified ; and two or more judges of said court, 
after hearing the parties, shall establish such maximum 
rates as said court shall deem proper ; and said maximum 
rates shall be binding upon said water company until the 
same shall be revised or altered by said court pursuant 
to this act, — so as to read as follows : — fSeclion 23. 
No city or town, any part of which is within ten miles 
of the state house, or any water company owning a water 
pipe system in any such city or town shall, exce})t in 
case of emergency, use, for domestic purposes water 
from any source not now used by it except as herein 
provided or as shall be hereafter authorized by the legis- 
lature. If any town or towns in said district shall take 
the franchise, works and property in such town or towns, 
of any water company, the compensation to be allowed 
and paid therefor shall not be increased or decreased by 
reason of the provisions of this act. No town in said 
water district now supplied with water by a water com- 
pany owning the water pipe system in such town, shall 
introduce water from the metropolitan water works untii 
it shall first have acquired the works of such company ; 
and no such company shall be entitled to charge more for 
water than a reasonable sum, measured by the price 
ordinarily charged for a similar service in other cities 
and towns in the metropolitan district. The selectmen 
of a town or any persons deeming themselves aggrieved 
by the price charged for water by any such company may, 
in the year eighteen hundred and ninety-eight and every 
fifth year thereafter, apply by petition to the supreme 
judicial court, asking to have the rate fixed at a reason- 
able sum, measured by the standard above-specified ; and 
two or more judges of said court, after hearing the parties, 
shall establish such maximum rates as said court shall 



Acts, 1897. — Chaps. 337, 338. 323 

deem proper ; and said maximum rates shall be binding 
upon said water company until the same shall be revised 
or altered by said court i)ursuant to this act. 

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

Approved May 1, 1897. 



ChapMl 



An Act relative to the issue by railroad and street rail- 
way COMPANIES OF COUPON NOTES AND OTHER EVIDENCES OF 
INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter four hundred ap^piV^t'o'issue 
and sixty-two of the acts of the year eio;hteen hundred °i coupon 

notes etc 

and ninety-four, relative to the issue of bonds by railroad 
and street railway companies, shall apply to the issue by 
such companies of coupon notes and other evidences of 
indebtedness payable at periods of more than twelve 
months from the date thereof. 

Section 2. No railroad or street railway company. Amount of 
unless expressly authorized so to do by its charter or by to°exceed'''' °° 
special legislative act, shall issue bonds, coupon notes or ^aUtock'iV''^'" 
other evidences of indebtedness payable as aforesaid, to certain cases. 
an amount which, including the amount of all such secur- 
ities previously issued and outstanding, exceeds in the 
whole the amount of its capital stock at the time actually 
paid in : provided, that this limitation shall not apply to Proviso. 
the issue of bonds for the purpose of paying and refund- 
ing on their maturity bonds heretofore lawfully issued. 

Section 3. Nothing herein contained shall affect any Not to affect 

, ,1 .1 r»-Tiji • TT 1 certain notes, 

notes or other evidences ot indebtedness issued by sucn etc. 
corporations prior to the passage of this act, or in fulfil- 
ment of contracts now existing. 

Approved May 3, 1897. 

An Act to incorporate the groton water company. Ohnn SS8 

Be it enacted, etc., asfolloios: 

Section 1. George S. Boutwell, Milo H. Shattuck, groton water 
Henry W. Whiting, William A. LaAvrence, Michael corpoiated. 
Sheedy, Junior, James Lawrence, F. Lawrence Blood, 
John Lawrence, Charles H. Dodge, John G. Park, Wil- 
liam B. Warren, William A. Moore, Grafton D. Gushing, 
Frank F, Woods, John H. Bobbins, Henry K. Richards 
and William P. Lawrence, their associates and successors, 



324 



Acts, 1897. — Chap. 338. 



May take cer- 
tain waters, 
«tc. 



ProvieoB. 



are hereby made a corporation under the name of the 
Groton Water Company, for the purpose of supplying 
the town of Groton and its inhabitants with water for 
the extinguishment of fires and for domestic, manufact- 
uring and all other puri)oses ; 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. 
Sectiox 2, Said corporation, for the purposes afore- 
saitl, may take, lease, acquire by purchase or otherwise, 
and hold the waters of any pond, brook, spring, well or 
stream within the limits of the said town of Groton, and 
all the waters connected therewith, and may ol)tain and 
take water by means of bored, driven, artesian or other 
wells on any land within the limits of the said town : 
provided, that no source of water supply shall be taken 
under this act for domestic purposes without the recom- 
mendation and advice of the state board of health. Said 
corporation may hold, and carry said water through said 
town, and may also take and hold, by purchase, lease or 
otherwise, all lands, rights of way and easements neces- 
sary for holding and preserving such water and for con- 
veying the same to any part of said town ; and may 
erect on the lands thus taken or held proper dams, build- 
ings, fixtures, reservoirs and other structures, and may 
make excavations, procure and operate machinery, and 
provide such other means and appliances as may be neces- 
sary for the establishment and maintenance of complete 
and effective water works ; and may construct and lay 
down conduits, pipes and other works, over and under 
any lands, water courses, railroads, highways, town ways 
and public or private ways of any kind, and along such 
ways in such manner as not unnecessarily to obstruct the 
same ; and for the purpose of constructing, maintaining 
and repairing such conduits, pipes and other works, and 
for all proper purposes of this act, said corporation may 
enter upon and dig up said lands and any such ways ; 
provided^ however, that said corporation shall not enter 
upon or dig up any })ublic ways except upon the approval 
of the board of selectmen of the town in which such 
ways are situated, after a public hearing by said board 
of which at least ten days' notice shall be given by post- 
ing an attested copy of said notice in at least five })ublic 
places in said town, and provided^ fiLrther^ that no hear- 



Acts, 1897. — Chap. 338. 325 

ing or notice 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 repairing and maintaining such conduits, pipes and 
other works. 

Sectiox 3. Said corporation shall, within sixty days description of 
after the taking of any lands, rights of way, water rights, be"reco*rded.° 
water sources or easements as aforesaid, otherwise than 
by purchase, tile and cause to be recorded in the registry 
of deeds for the county and district in which the same 
are situated a description thereof sufficiently accurate for 
identification, with a statement of the purposes for which 
the same are taken, signed by the president of the cor- 
poration. 

Section 4. Said corporation shall pay all damages Damages. 
sustained by any person in property by the taking of 
any land, right of way, water, water source, water right 
or easement, or by any other thing done by said corpora- 
tion under the authority of this act. Any person sus- 
taining damages as aforesaid under this act, who fails to 
agree with the said corporation as to the amount of the 
damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, on application at 
any time within 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 the said one year. No ap- 
pKcation for the assessment of damages for the taking 
of any water, water right or water source, or for any 
injury thereto, shall be made until the water is actually 
withdrawn or diverted by the said corporation under the 
authority of this act. 

Section 5. Said corporation may distribute water Distribution of 
through the said town of Groton, may regulate the use 
of said water and fix and collect the rates for the use of 
the same ; and may make all such contracts with said 
town, or with any fire district that may hereafter be es- 
tablished therein, or with any individual or corporation, 
to supply water for the extinguishment of fires or for 
any other purpose, as may be agreed upon by said town, 
fire district, individual or corporation, and the said cor- 
poration ; and may establish public fountains and hydrants 
and relocate and discontinue the same. 



326 



Acts, 1897. — Chap. 338. 



Real eetate and 
capital Block. 



Certificate of 
payment of 
capital to be 
filed, etc. 



May issue 
mortgage 
bonds, etc. 



Issue of stock 
and bonds to 
be aiipiovud by 
commissioner 
of corporations. 



Section 6. Said corporation may, for the purposes 
set forth in this act, hold real estate not exceeding in 
value twenty thousand dollars, and the whole capital 
stock of said corporation shall not exceed sixty thou- 
sand dollars, to l)e divided into shares of one hundred 
dollars each. 

Section 7. Immediately after the payment of the 
capital stock of said corporation a certificate shall be 
signed and sworn to by its president, treasurer and at 
least a majority of the directors, stating the fact of such 
payment, the manner in which the same has been paid 
in, and the manner in which its capital has been invested, 
or voted by the corporation to be invested, at the time 
of making the certificate. Such certificate shall be ap- 
proved l)y the commissioner of corporations and shall be 
filed in the ofiice of the secretary of the Commonwealth. 
The conveyance to the corporation of property, real or 
personal, at a fair valuation, shall be deemed a sufficient 
paying in of the capital stock to the extent of such value, 
if a statement is included in the certificate, made, signed 
and sworn to by its president, treasurer and a majority 
of its directors, giving a description of such property 
and the value at which it has been taken in payment, in 
such detail as the commissioner of corporations shall 
require or approve, and endorsed with his certificate that 
he is satisfied that the said valuation is fair and reason- 
able. 

Section 8. Said corporation may issue bonds and 
secure the same by a mortgage upon its franchise and 
other property to an amount not exceeding its capital 
stock actually paid in. The proceeds of all l)onds so 
issued shall only be expended in the extension of the 
works of said corporation and for the payment of ex- 
penditures actually made in the construction of the 
works, over and above the amount of the capital stock 
actually paid in. 

Section 9. The capital stock 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 required 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 bonds authorized to be issued, and the pur- 



Acts, 1897. — Chap. 338. 327 

poses to which the proceeds thereof are to be applied. 
A certificate setting forth his decision shall be filed in 
the office of the secretary of the Commonwealth before 
the stock or the bonds are issued, and the proceeds of 
such stock or bonds shall not be applied to any purpose 
not specified in such decision. 

Section 10. Whoever wilfully or wantonly corrupts, penalty for 
pollutes or diverts any of the waters taken or held under waterret°c! °^ 
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 above wilful 
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 Groton shall have the right ^anchue*^ ro'^f 
at anytime to take, by purchase or otherwise, the fran- erty, etc' 
chise, corporate property and all the rights and privileges 
of said corporation, on payment to said corporation of 
the actual cost of its franchise, works and property of all 
kinds held under the provisions of this act, including in 
such cost interest on each expenditure from its date to the 
date of such purchase or taking, at the rate of five per 
cent, per annum. If the cost of maintaining and operat- 
ing the works of said corporation 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 state- statement of 
ment of the receipts and expenditures of said corporation el'jfeud'itures to 
shall he annually sul^mitted to the selectmen of the town annuai'ry,"e'tc. 
of Groton, and by said selectmen to the citizens of said 
town. If said corporation has incurred indebtedness the 
amount of such indebtedness outstanding at the time of 
such taking shall be assumed by said town, and shall be 
deducted from the amount required to be paid by said 
town to said corporation under the foregoing provisions 
of this section. This authority to purchase such franchise 
and property is granted on condition that the purchase 
is assented to by said town by a two thirds vote of the 



328 



Acts, 1897. — Chap. 338. 



Groton Water 
Loan. 



Sinking fund. 



May provide for 
annual pay- 
ments on loan. 



Payment of 
expenses, etc. 



voters of said town present and voting thereon at a meet- 
ing legally called for that purpose. 

Section 12. Said town of Groton may, for the pur- 
pose of paying 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 aggre- 
gate one hundred and twenty thousand dollars ; such 
bonds, notes or scrip shall bear on their face the words, 
Groton Water Loan, shall l)e payable at the exjnration 
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 public or private 
sale or pledge the same for money borrowed for the pur- 
poses of this act upon such terms and conditions as it 
may deem proper. Said town shall provide at the time 
of contracting said loan for the establishment of a sink- 
ing fund, and shall annually contribute to such fund a 
sum sufficient with the accumulations thereof to pay the 
principal of said loan at maturity. The said sinking 
fund shall remain inviolate and pledged to the payment 
of said loan and shall be used for no other purpose. 

Section 13. Said town instead of establishino; 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 affo-reo-ate extinguish the same 
Within the time prescribed in this act ; and when such 
vote has been passed the amount required thereby shall 
without further vote be assessed by the assessors of said 
town in each year thereafter until the debt incurred by 
the said loan shall be extinguished, in the same manner 
as other taxes are assessed under the provisions of sec- 
tion 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 payments on the principal as may be required under 
the provisions of this act. 



Acts, 1897. — CuAr. 338. 329 



Section 15. Said town shall, after its purchase of ^ners!Te™.''" 
said corporate property as provided in this act, at a "oi^' terms, etc. 
legal meeting called for the purpose elect by ballot three 
persons to hold office, one for three years, one for two 
years and one for one year from the next annual town 
meeting, to constitute a board of water commissioners ; 
and at each annual meeting thereafter one such commis- 
sioner shall be elected by ballot for the term of three 
years. All the authority granted to said town by this 
act and not otherwise specially provided for shall be 
vested in the said board of water commissioners, who 
shall be subject however to such instructions, rules and 
regulations as said town may by its vote impose. The Tobetmstees 
said commissioners shall l)e trustees of the sinkins; fund etc!'" '"^ "° ' 
herein provided for and a majority of said commissioners 
shall constitute a quorum for the transaction of business 
relative both to the water works and the sinking; fund. 
Any vacancy occurring in said ])oard from any cause 
may be tilled for the remainder of the unexpired term 
by said town at any legal meeting called for the purpose. 

Section 16. Upon application by the owner of any security for 
land, water or water rights taken under this act, the ?iamages,°etc., 
county commissioners for the county in which such land, cI?t"\'ifca8°eB. 
water or water rights are situated shall require said cor- 
poration to give satisfactory security for the payment of 
all damages and costs which may be awarded such owner 
for the land or other property so taken ; but previous to 
requiring such security said county commissioners shall, 
if application therefor is made by either party, make an 
estimate of the damages which may result from such tak- 
ing ; and the said county commissioners shall in like man- 
ner require further security if at any time the security 
before required appears to them to have become insuffi- 
cient ; and all the right or authority of said corporation 
to enter upon or use such land or other property, except 
for the purpose of making surveys, shall be suspended 
until it gives the security required. 

Section 17. This act shall take effect upon its passage, when to take 
and shall become void unless work under this act is beifun ® 
within three years from the date of its passage. 

Ajyproved May 5, 1897. 



330 Acts, 1897. — Chaps. 339, 340. 



Chap.'doO ^^ ^CT TO KEQUIRE HONUS TO HE GIVEN UNDER CERTAIN CON- 
TRACTS MADE liY THE METROPOLITAN WATER BOARD. 

Be it enacted, etc. , as follows : 

given Vudercer- I* shall be the duty of the metropolitan water board 

tain conti acts jn makiiio; contracts for the construction of the metro- 
made by metro- ~ . ^ ^■^ ^ 

poiitan water politan watcr works to require every employer of labor 
engaged in the construction of said works to give to each 
city or town in which such labor may be employed a bond 
in the penal sum of three thousand dollars, conditioned 
to save harmless and indemnify such city or town against 
any loss, expense or charges that said city or town may 
legally incur because of pauper or indigent employees 
brought to said town and having no settlement therein. 

Approved May 5, 1897. 

C7iap.34^0 An Act relative to the construction and repair of state 

HIGHWAYS. 

Be it enacted, etc., asfolloivs: 

anri-epatr"" Section 1. Thc Massachusctts highway commission 

btate highways, jg hereby authorized to expend a sum not exceeding eight 
hundred thousand dollars for the construction and repair 
of state highways, in accordance with the provisions of 
the statutes relating to and defining the powers and duties 
of said commission. Said commission may make con-' 
tracts during the present calendar year for the Avhole 
amount hereby authorized to be expended, but the con- 
tracts shall be so made that the amount to be paid from 
the state treasury during the present calendar year shall 
not exceed six hundred thousand dollars. 

be'empiij^ed. ^° SECTION 2. No pcrsous cxccpt citizcus of tliis Com- 
monwealth shall be employed on the work authorized by 
this act. 

Loan. '^ ^"^ Section 3. For the purpose of meeting any expenses 
which may be incurred under the provisions of this act 
the treasurer and receiver o^eneral is herebv authorized, 
with the approval of the governor and council, to issue 
scrip or certificates of indebtedness to an amount not 
exceeding eight hundred thousand dollars, for a term 
not exceeding thirty years. Said scrip or certificates of 
indebtedness shall be issued as registered bonds or with 
interest coupons attached, and shall bear interest not 
exceeding four per cent, per annum, payable semi-annu- 



Sinking fund. 



Acts, 1897. — Chap. 341. 331 

ally on the first day of April and of October in each 
year. Such scrip or certificates of indebtedness shall be 
designated on their face as the State Highway Loan, shall 
be countersio;ned bv the governor, and shall be deemed 
a pledge of the faith and credit of the Commonwealth ; 
and the principal and interest thereof shall be paid at the 
times specified therein in gold coin of the United States 
or its equivalent, and said scrip or certificates of indebt- 
edness shall be sold and disposed of at public auction, 
or in such other manner, at such times and prices, in 
such amounts and at such rates of interest, not exceed- 
ing the rate above-specified, as shall be deemed best. 
The sinking fund established by chapter four hundred 
and ninety-seven of the acts of the year eighteen hun- 
dred and ninety-four shall also be maintained for the 
purpose of extinguishing bonds issued under the author- 
ity of this act, and the treasurer and receiver general 
shall apportion thereto from year to year an amount 
sufiicient with the accumulations of said fund to extin- 
guish at maturity the debt incurred by the issue of said 
bonds. The amount necessary to meet the annual sink- 
ing fund requirements and to pay the interest on said 
bonds shall be raised by taxation from year to year. 
Section 4. This act shall take efiect upon its passage. 

Approved May 5, 1897. 

An Act to authoeize the town of Lincoln to make an ad- (JJiap.^-^X 

DITIONAL water LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Lincoln, for the purposes ^1,°^°'° ^'''®'' 
mentioned in chapter one hundred and eighty-eight of 
the acts of the year eighteen hundred and seventy-two 
and subject to its terms and provisions except as herein 
otherwise provided, may from time to time issue bonds, 
notes or scrip to an amount not exceeding twenty-five 
thousand dollars in addition to the amount which the 
said town has heretofore been authorized to issue for the 
said purposes. Said bonds, notes or scrip shall bear on 
their face the words, Lincoln Water Loan ; shall bear 
interest payal^le semi-annually at a rate not exceeding 
four per cent, jier annum ; shall be signed by the treas- 
urer of the said town and countersigned by the select- 
men, and may be sold at public auction or private sale. 



332 Acts, 1897. — Chap. 341. 

k-an""^"'"^ Sectiox 2. Thc said bonds, notes or scrip may be 

made payable in periods not exceeding thirty years from 
the date of issue ; but if not made payable in the man- 
ner provided in the following section the said town shall 
annually raise by taxation a sum sufficient to pay the 
interest on the said loan as it accrues, and shall estab- 
lish a sinking fund and contribute thereto an amount 
raised annually by taxation, sufficient with the accumu- 
lations thereof to extinguish the said loan at maturity ; 
and the said sinking fund shall he applied to the payment 
of the principal of the said loan until the same is dis- 
charged and paid, and shall be used for no other purpose. 
The sinldng fund commissioners of the said town shall 
be trustees of the said sinking fund, and shall report the 
condition of the same and render an account of their 
doings in relation thereto annually to the town. 
^miauily.® ^°' SECTION 3. lu licu of providing for the payment of 
mentsonioan. the Said bouds, notcs or scrip in the manner required by 
the previous section the town may make any of the issues 
of such bonds, notes or scrip payable in annual payments 
of such sums as will in the a^o-reoate extinguish the 
amount of such issue within a term not exceeding thirty 
years ; and the amount required therefor shall without 
further vote be assessed in ea.ch year thereafter until the 
debt so contracted shall be extinguished. 
Spt'lftTbr'^ Section 4. The said town shall each year apply the 
applied to pay. ^g^ lucomc aud receipts derived from the use of water to 

mentor inter- /»i'i' ii • i •r' 

est, etc. the payment oi the said interest, and the remainder, it 

any, of such net income and receipts it shall either apply 
to the payment of the said bonds, notes or scrip, or it 
shall pay such remainder into the said sinking fund, and 
the amount so applied shall be deducted from the sums 
which would otherwise be required to be raised by taxa- 

TppiVf' *'''■' *° tion. The provisions of chapter twenty-nine of the Pub- 
lic Statutes and of chapter one hundred and twenty-nine 
of the acts of the j^ear eighteen hundred and eighty-four, 
as amended by chapter two hundred and sixty-nine of 
the acts of the year eighteen hundred and ninety-six, 
shall in all respects, except as otherwise herein provided, 
apply to the issue of the said bonds, notes or scrip, and 
to the establishment of a sinking fund for the payment 
thereof at maturity. 

Section 5. This act shall take eflect upon its passage. 

Approved May 6, 1897. 



Acts, 1897. — Chaps. 342, 343. 333 



An Act to estahlish the compensation ok deputv sheriffs (7/^^n.3-l-2 

FOK attending SITTINGS OF THE SUPKEME JUDICIAL AND SU- 
PERIOR COURTS. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and sixty-nine of ^meLded 
the acts of the year eighteen Iiundred and ninety-live is 
hereby amended by striking out in the third and fourth 
lines, the words "in all counties where no provision is 
made for the payment of", and inserting in place thereof 
the words ; — when such deputies do not receive, — so as 
to read as follows : — The sum to be allowed to dei)uty compensation 

■« of f'fT't'i.in 

sheriffs designated l)y sheriffs to attend the sittings of the deputy sheriffs. 

supreme judicial and superior courts, when such deputies 

do not receive an annual salarv, shall be five dollars each 

for each day's attendance, and travel as now provided 

by law, which shall be paid from the treasuries of said 

counties. 

Section 2. This act shall take effect from the first day to take effect 
of February in the year eighteen hundred and ninety- i^"i897.'' ^'"^^ 
seven. Approved May 6, 1897. 

An Act relative to the licensing of conductors, drivers QJidj) Q ( 3 

AND DESPATCHERS OF STREET CARS IN THE CITY OF BOSTON. "^ 

Be it enacted, etc. , as follows : 

Section 1. Section one of chapter fifty-nine of the isrg, 59, §1, 

„,, . ■, , 1 TIT i • etc., amended. 

acts 01 the year eighteen hundred and seventy-nine, as 
amended by chapter ninety-nine of the acts of the year 
eighteen hundred and eighty, is hereby further amended 
by inserting in the fifth line, after the word "con- 
ductors", the word: — motormen, — so as to read as 
follows: — Section 1. The board of police commis- poiice commis- 
sioners of the city of Boston shall, upon the recommen- uceirJecon. 
elation of the president, superintendent, or board of di- f^'eu°etc.',"of 
rectors of any street railway cor]:)oration using the streets stieJt ct 

.-,.''. , . 'V' • J !• ^ Boston. 

of said city, issue licenses trom time to time to the con- 
ductors, motormen and* drivers of the street cars of the 
said several street railway corporations, and also to the 
persons employed to start or despatch the cars of said 
corporations from the stables, stations, depots and other 
places within said city ; and said board of police com- 
missioners may, after due notice and a hearing, revoke 
any such license at any time for sufficient cause. Such 



ctors, motor- 
;tc., of 
cars in 



334: 



Acts, 1897. — Chap. 3^3. 



Proviso. 



1879, flg, § 3, 
amended. 



Police commis- 
sioners to en- 
force laws, etc., 
relating to use 
of tracks, etc. 



1879, 59, § 4, 
amended. 



Penalty for act- 
ing as driver, 
motorman, etc., 
Avithout a 
Jiceose. 



licenses shall contiiuic and remain in force until sur- 
rendered Ijy the licensee or until revoked by said Ijoard 
of police commissioners, and shall contain such provi- 
sions and conditions as said l)oard shall determine ; jpro- 
vided, however, that the fee to l)e })aid for each license 
shall not exceed the sum of twenty-tive cents. 

Section 2. Section three of chapter tifty-nine of the 
acts of the year eighteen hundred and seventy-nine is 
hereby amended by striking out the word " horses", in 
the eighth line, and inserting in place thereof the word : 
— cars, — so as to read as follows: — Section 3. Said 
board of police commissioners shall require the members 
of their department to observe and direct the persons 
licensed under this act, and to cause them to conform to 
the laws of the Commonwealth, the ordinances of the 
city of Boston, the regulations of the board of aldermen 
of said city, and the rules of said board of police com- 
missioners relating to the use of the tracks, the speed 
of the cars, and especially to the obstructions of public 
travel, by the management of the street cars ; said police 
officers shall secure the necessary testimony, and shall 
report to the board of police commissioners every in- 
stance of the wilful or persistent violation by any 
licensee of any such law, ordinance, regulation or rule, 
or any refusal to obey the request of said officers re- 
specting the management of any street car. 

Section 3. Section four of chapter fifty -nine of the 
acts of the year eighteen hundred and seventy-nine is 
hereby amended by striking out the words ' ' drive any 
horses attached to", in the first and second lines, and 
inserting in place thereof the words : — act in the capac- 
ity of driver or motorman on, — and by inserting after 
the word " stables", in the third line, the words: — or 
car houses, — so as to read as follows: — Section 4. 
Any person who shall act in the capacit}^ of driver or 
motorman on any street car in any street in the city of 
Boston, except at the stal)les or car houses of said cor- 
porations, or shall act in the capacity of conductor, 
starter or despatcher at any place 'within the limits of 
said city, Avithout l)eing licensed therefor, as herein pro- 
vided, or who shall act in such capacity in violation of 
the provisions or conditions, or after the revocation of 
such license, shall forfeit and pay a sum not exceeding 
twenty dollars for each offence. 



Acts, 1897. — Chap. 344. 335 

Section 4. Section five of chapter fifty-nine of the 1579,59, §5, 
acts of the year eighteen hundred and seventy-nine, as '' ^^ 
amended by chapter ninety-nine of the acts of the year 
eigliteen hundred and eighty, is hereby further amended 
by inserting after the word" driver ", in the third line, 
the word: — motorman, — so as to read as follows: — 
Section 5. No person whose license shall have been re- Not to receive 
yoked pursuant to the provisions of this act, shall be 'wiSiiu^tw^T 
reinstated, or receive a new license as conductor, driver, ^11^,^10/*^'°" 
motorman, starter or despatcher on any street railway in 
the city of Boston, within a period of two months from 
the date of the revocation of his license, unless by the 
assent of said commissioners. Approved May 6, 1897. 

An Act relative to the adulteration of food. ChcLT) 344 

Be it enacted, etc., as follows : 

Section 1. No person shall within this Common- Manufacture, 
wealth manufacture for sale, ofier for sale, or sell any ated food pro''-'^' 
article of food which is adulterated within the meaning; i^i^'ted. 
of this act. 

Section 2. The term " food", as used herein, shall Jg«™J/°°'^" 
include all articles used in food or drink by man, whether 
simple, mixed or compound. 

Section 3. An article shall be deemed to be adulterated de'emld'toVe°°*^ 
within the meaning of this act in the case of food : — 1 . If adulterated. 
any substance or substances have been mixed with it, so 
as to lower or depreciate or injuriously affect its quality, 
strength or purity. 2. If any inferior or cheaper sub- 
stance or substances have been substituted wholly or in 
part for it. 3. If any valuable or necessary constituents 
or ingredient have been wholly or in part taken from it. 
4. If it is in imitation of or is sold under the name of 
another article. 5. If it consists wholly or in part of a 
diseased, decomposed, putrid, tainted or rotten animal or 
vegetable substance or article, whether manufactured or 
not, or, in the case of milk, if it is produced from a dis- 
eased animal. 6. If it is colored, coated, polished or 
powdered in such a manner as to conceal its damaged or 
inferior condition, or if by any means it is made to appear 
better, or of greater value, than it really is. 7. If it 
contains any added substance or ingredient which is 
poisonous or injurious to health : provided, that the pro- Proviso, 
visions of this act shall not apply to mixtures or com- 



336 



Acts, 1897. — Chap. 345. 



Certain canned 
articles of food 
to be marked 
to indicate 
grade, etc. 



Certain canned 
articles of food 
to be marked 
"Soaked," etc. 



Penalty for 
falsely stamp- 
ing or labelling 
cans, etc. 



Repeal. 



pounds recognized as ordinaiy articles or inprredients of 
articles of food, if every package sold or oflered for sale 
is distinctly labelled as a mixture or compound, with the 
name and i)er cent, of each ingredient therein, and if 
such mixtures or compounds are not injurious to health. 

Section 4. Xo person shall offer for sale any canned 
articles of food after the first day of January in the year 
eighteen hundred and ninety-eight, except goods packed 
prior to the passage of this act, unless such articles bear 
a mark to indicate the grade or quality thereof, together 
with the name and address of the person, firm or corpora- 
tion which packed the same, or of the dealer who sells 
the same. 

Section 5. All canned articles of food prepared from 
dried products which have lieen soaked before canning 
shall be plainly marked l^y an adhesive label, having on 
its face the w^ord "Soaked", in letters not less in size 
than two line pica, of legible type ; and all cans, jugs 
and other packages containing maple syrup or molasses 
shall be plainly marked by an adhesive label, having on 
its face the name and address of the person, firm or cor- 
poration which made or prepared the same, together with 
the name and quality of the ingredients of the goods, in 
letters of the size and description above-specified. 

Section 6. Any person, firm or corporation falsely 
stamping or labelling any cans, jars or other packages, 
containing fruit, or food of any kind, or knowingly per- 
mitting such false stamping or labelling, and any person, 
firm or corporation violating any of the provisions of 
this act, shall be deemed guilty of a misdemeanor, and 
shall be punished by a fine of not less than ten dollars 
nor more than one hundred dollars in the case of vendors, 
and in the case of manufacturers and those falsely or 
fraudulently stamping or labelling such cans, jars or other 
packages, by a fine of not less than one hundred dollars 
nor more than five hundred dollars. 

Section 7. All acts and parts of acts inconsistent 
herewith are hereby repealed. Approved May 6, 1S97. 



Chap.M5 ^^ Act to AUTHOi 

COMPANY 



THOKIZE THE FARMINGTON RIVEK WATER POWER 
TO INCREASE ITS WATER SUPPLY. 



Powers ex- 
tended. 



Be it enacted, etc., as follows: 

Section 1. The powers granted to the Farraington 
Kiver Water Power Company by chapter one hundred 



Acts, 1897. — Chap. 346. 337 

and thirty-four of the acts of the year eighteen hundred 
and sixty-seven, in respect to building, erecting and main- 
taining reservoirs on the Farmington river and its tribu- 
taries in the town of Otis, shall extend to all parts of said 
river and its tributaries, whether situated within or with- 
out the limits of said town. 

Section 2. Said corporation may erect and maintain ^^^1^^^ tt™^' 
dams in such places as it shall deem requisite for said pur- 
poses, upon and across said streams, and may take land 
not appropriated to puljlic uses necessary therefor, by 
tiling in the registry of deeds for the district where the 
land lies a description thereof, with a statement of the 
purpose for which the same was taken, signed by the presi- 
dent of the corporation. Any damages caused by such Damages, 
taking shall be paid by said corporation within thirty days 
after the same are determined, and if said corporation 
fails to agree upon such damages with the owner the same 
may be assessed and determined in the manner provided 
by law in the case of the taking of lands for laying out 
towai ways, upon application of either party therefor, made 
within three years from the time of the filing of the descrip- 
tion aforesaid. If the damages so awarded exceed the 
amount tendered to the owner as compensation before the 
filing of the application for a jury he shall recover his costs, 
otherwise the said corporation shall recover costs. 

Section 3. Said corporation may increase or reduce May increase or 
its capital stock within the limits and in the manner pro- stock.*' '^"^^' "^ 
vided in chapter one huudred and six of the Public Statutes 
and acts in amendment thereof: provided^ that the total proviso. 
shall not exceed three hundred thousand dollars ; and may 
hold for the purposes aforesaid real estate not exceeding 
in value three fourths of the par value of its capital stock 
as increased or reduced. 

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

Approved May 6, 1897. 

An Act relative to the construction of the approaches to (JJi(ip.34:Q 

THE NEW CHARLESTOWN BRIDGE IN THE CITY OF BOSTON. 

B" it enacted, etc., as folloios : 

Section 1. The treasurer of the city of Boston shall ^j^fjl^'Ji^ 
from time to time on the request of the mayor of said city, 
issue and sell negotiable bonds or certificates of said city 
to an amount not exceeding the sum required for carrying 



338 



Acts, 1897. — Chap. 347. 



May issue 
bonds, etc. 



oat any order of the board of street commissioners of said 
city laying out, locating anew, altering, widening, and 
requiring the construction of Charlestown street, from 
Hay market square to Causeway street in said city, as 
one of the approaches to the new bridge now being con- 
structed by the Boston transit commission between Bos- 
ton and Charlestown. Said bonds or certificates shall be 
issued as a part of, and in addition to, and in the same 
manner as, the bonds or certificates issued under the au- 
thority of chapter three hundred and twenty-three of the 
acts of the year eighteen hundred and ninety-one and acts 
in amendment thereof or in addition thereto, and the pro- 
visions of said acts, so far as applicable, shall apply to 
the carrying out of the provisions of this act. 

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

A2')proved May 6y 1897. 



ChClT>.o4:7 -^^ -^^^ RELATIVE TO THE BOSTOX TRANSIT COMMISSION. 

Be it enacted, etc., as follows: 



May transfer 
certain land to 
city of Boston, 



Treasurer of 
city to issue 
bonds, etc. 



Section 1. The Boston transit commission may trans- 
fer to the city of Boston, to be used for a market or other 
])ublic purposes, so much of the land taken by it between 
Haverhill and Canal streets as said commission and the 
mayor of said city may agree upon. 

Section 2. In order that the debt created for the 
construction of the subways by said commission may be 
limited as nearly as possible to the net cost thereof the 
treasurer of said city shall from time to time on the re- 
quest of said commission, approved by the mayor, issue 
bonds of said city, which shall not be considered in de- 
termining the debt limit, to the amount determined hy 
said commission, with the approval of the mayor, to be 
the value of the real estate transferred to said city as 
hereinbefore provided, and shall sell the same and hold 
the proceeds thereof for the construction of said subway ; 
and the seven million dollars authorized for constructing 
said subways shall be reduced by the amount so issued. 

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

Appi'oved May 6y 1897 , 



A.CTS, 1897. — Chaps. 348, 349. 339 



An Act to authorize the tovth of watertown to elect a CJiap.34:S 

BOARD OF AVATER COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The town of Watertown shall, in case it water commie- 
decides to purchase the franchise and property of the tion, terms, etc. 
Watertown Water Supply Company in said town, as pro- 
vided in section nine of chapter two hundred and fifty- 
one of the acts of the year eighteen hundred and eighty- 
four, at a legal meeting called for the purpose, elect by 
ballot three persons to hold office, one until the expiration 
of three years, one until the expiration of two years and 
one until the expiration of one year from the next suc- 
ceeding annual town meeting, to constitute a 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 said town by said act and not otherwise specifically 
l^rovided 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 ; and said commissioners shall be trustees of the 
sinking fund and a majority of said commissioners shall 
constitute a quorum for the transaction of business relative 
both to the water works and to the sinking fund. Any vacancy. 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said 
town at any legal town meeting called for the purpose. 

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

Approved May 6, 1897. 

An Act relative to the enforcement of the laws relating (7A«X>.349 
TO the inspection and sale of dairy products and imita- 
tions THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Municipal, district and police courts and cayis!^'"""" °^ 
trial justices shall, in their respective districts, concur- 
rently with the superior court, have jurisdiction of cases 
arising under the provisions of all laws relating to the 
inspection and sale of dairy products and imitations 
thereof, and may impose the penalties prescribed for the 
violation of such laws. 

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

Approved May 6, 1897, 



340 



Acts, 1897. — Chaps. 350, 351, 352. 



ChCip.Sl^O -^^ ^^"^ RELATIVE TO THE AGENTS OF THE COMMISSIONERS OF 

I'RISONS. 



Agents of com- 
misisionciB of 
piieoni*, ap- 
pointiueut, etc. 



Agent for aid- 
ing discharged 
female pris- 
oners. 



Be it enacted, etc., as folloivs : 

Section 1. The commissioners of prisons may employ 
tliree agents at a salary of twelve hundred dollars a year 
each ; and said commissioners may also employ an agent 
at a salary of sixteen hundred dollars a year, who in addi- 
tion to his other duties shall assist the secretary. The ap- 
pointments named in this section shall be in place of those 
authorized by section twenty-six of chapter two hundred 
and nineteen of the Public Statutes and chapter three hun- 
dred and fifteen of the acts of the year eighteen hundred 
and eighty-seven. 

Section 2. The salary of the ao^ent for aidino; dis- 
charged female prisoners shall be one thousand dollars a 
year. 

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

A2)2^roved 3Iay 6, 1897. 



(JJl(lj),^^\ An Act relative to clerical service in the office of the 

SECRETARY OF THE COMMONWEALTH. 



Chief of the 

Archives 

Division. 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. The designation of the third clerk in the 
office of the secretary of the Commonwealth is hereby 
changed to Chief of the Archives Division ; and the com- 
pensation of said officer shall be at the rate of two thou- 
sand dollars per annum, to date from the first day of 
January in the year eighteen hundred and ninety-seven. 

Section 2. All acts and parts of acts inconsistent 
herewith are hereby repealed. Approved May 6, 1897. 



CTlCiJ) 352 ^^ -^^^ ^*^ PROVIDE FOR THE CONTINUANCE OF THE OLD COLONY 

COMMISSION. 



Old Colony 
Commission, 
appointment, 
duties, etc. 



Be it enacted, etc., asfollotcs: 

Section 1. The governor, by and with the advice and 
consent of the council, shall appoint three discreet persons 
to be known as the Old Colony Commission, who shall 
hold office for three years from the date of the passage of 
this act. Said commission shall perform the duties rela- 
tive to identifying and marking spots of historic interest 
which are prescribed in chapter four hundred and seventy- 



Acts, 1897. — Chaps. 353, 354. 341 

two of the acts of the year eighteen hundred and ninety-five, 
and in general shall continue the work of the commission 
appointed under said act. The commission appointed under May employ 

,i- , 1 1 ' J. j_ 'J.! aBsistants, etc. 

this act may employ such assistants as it deems necessary, 
and may expend in the discharge of its duties the sum of 
five hundred dollars, but shall not incur any expense in 
excess of said sum unless said additional expense is first 
approved by the governor and council. The meml)ers of 
said commission shall receive no compensation for their 
services. 

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

Approved May 6, 1897. 

An Act to confirm the proceedings of the annual town (^Jf^ry^ ^53 

MEETING OF THE TOWN OF WILBRAHAM. -^ 

Be it enacted, etc., asfoUoivs: 

Section 1. The proceedings of the annual town meet- Proceedings of 
ing of the town of Wilbraham, held on the fifth day of of wiibiaham 
April in the year eighteen hundred and ninety-seven, '^°^ ^'^^ 
relating to the annual appropriations voted at said meet- 
ing, shall not be invalid by reason of the failure to insert 
in the warrant for said meeting an article containino- the 
subject-matter of said vote ; and the proceedings of said 
meeting in making said appropriations, so far as afiected 
by said omission in said warrant, are hereby ratified, con- 
firmed and made legal. 

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

Approved May 6, 1897. 



Chaj),354: 



An Act to authorize the toavn of palmer to refund a for 

TION OF ITS note INDEBTEDNESS. 

Be it enacted, etc., as foUoivs : 

Section 1. The town of Palmer, for the purpose of p°i"°°f„g 



^ ...ay 

refunding its note indebtedness to the amount of forty issue bouds, 
thousand dollars, is hereby authorized to issue bonds to 
an amount not exceeding forty thousand dollars. Such 
1 »onds shall be payable at the expiration of twenty years 
from the date of issue, shall bear interest at a rate not 
exceeding four per cent, per annum, payable semi-annu- 
ally ; and shall be signed hy the treasurer and counter- 
signed by the selectmen or a majority thereof. Said town 
may sell said bonds or any part thereof at public or pri- 
vate sale : provided, however, that the same shall not be Proviso. 



342 Acts, 1897. — Ciiai>. 355. 

sold for less than the par value thereof. The proceeds of 
the sale of said bonds issued by virtue of this act shall 
be applied by the treasurer of said town to the payment 
of the notes of said town at present outstanding, ])ut no 
purchaser shall be responsible for the application of the 
siukingfund. procceds. The said town shall at the time of authorizing 
the issue of said bonds provide 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 indebtedness at maturity. The said sink- 
ing fund shall remain inviolate and pledged to the payment 
of said loan and shall be used for no other purpose. 
f^^anmili'^pay- Section 2. Said towu iustcad of establishing a sink- 
ments on loan, ^j^g fund may at the time of authorizing the issue of said 
bonds provide for the payment thereof in annual pay- 
ments of such amounts as will in the aggregate extinguish 
the same w^ithin the time prescribed in this act ; and when 
such vote has been passed the amount required thereljy 
shall without further vote be assessed by the assessors of 
said town in each year thereafter until the debt incurred 
by said loan shall be extinguished, in the same manner as 
other taxes are assessed under the provisions of section 
thirty-four of chapter eleven of the Public Statutes. 
Section 3. This act shall take effect upon its passage. 

AiDproved May 6, 1897 . 



Chap.355 



An Act relative to state highways. 
Be it enacted, etc., as foUoics : 

amended.^ ^' Section 1. Scctioutwo of chapter four hundred and 

ninety-seven of the acts of the year eighteen hundred and 
ninety-four is hereby amended by inserting after the word 
"file", in the fifth line of said section, the words: — a 
certified copy of, — and by striking out the last sentence 
of said section and inserting in place thereof the words : 
— No opening shall be made in any such road, nor any 
structure j)laced therein, nor shall there be made any 
change or removal of structures already placed therein, 
except with the approval of and in accordance with a per- 
mit from said commission, which shall exercise complete 
and permanent jurisdiction over state highwajs, — so as 

rroceedings of ^q j-^ad as follows : — Section 2. Said highway conmiis- 

l^iijnwiiy com- ~ ^ 

mrHsion upon i\\o\\ shall cousidcr such petition and determine what the 

iK'titiou, etc. , , . . , T * . • • XI 

public necessity and convenience require in the premises. 



Acts, 1897. — Chap. 355. 343 

and, if they deem that the highway should be laid out or Proceedings of 
be taken charge of by the Commonwealth, shall file a cer- mfsei^n'^up'on" 
tified copy of a plan thereof in the office of the county I'^'^^i^"- «*•=• 
commissioners of the county in which the petitioners re- 
side, with the petition therefor and a certificate that they 
have laid out and taken charge of said highway in ac- 
cordance with said plan, and shall file a copy of the plan 
and location of the portion lying in each city or town in 
the office of the clerk of said city or town, and said high- 
way shall, after the filing of said plans, be laid out as a 
highway, and shall be constructed and kept in good repair 
and condition as a highway by said commission, at the 
expense of the Commonwealth, and shall be known as a 
state road, and thereafter be maintained by the Common- 
wealth under the supervision of said commission. No 
opening shall be made in any such road, nor any structure 
placed therein, nor shall there be made any change or re- 
moval of structures already placed therein, except with 
the approval of and in accordance with a permit from said 
commission, which shall exercise complete and permanent 
jurisdiction over state highways. 

Section 2. Section four of said chapter four hundred ^mended.^^' 
and ninety-seven is hereby amended by inserting after the 
WQrd "thereby", in the thirty -third line, the words: — 
The commission shall also have power to contract in the 
manner and under the conditions hereinbefore specified 
with a city or town, or with private bidders when a city 
or town shall not elect so to contract, for the grading of 
a state highway, or for furnishing materials or any other 
element in the construction of such highway, — so as to 
read as follows: — Section 4. Said commission shall, c.°ilft''"<="°"°^ 

. 1 . highways, 

when about to constiTict any hiijhway, o:ive to each city notice to cities 

. . ...''. . and towns 

and town in which said highway lies a certified copy ot bids, proposals, 
the plans and specifications for said highway, with a notice ^"^' 
that said commission is ready for the construction of said 
road. Such city or town shall have the right, without 
advertisement, to contract with said commission for the 
construction of so much of such highway as lies within 
its limits, in accordance with the plans and specifications, 
and under its supervision and subject to its approval, at a 
price agreed upon between said commission and said city 
or town. If said city or town shall not elect to so con- 
tract within thirty days said commission shall advertise 
in two or more papers published in the county where the 



344 



Acts, 1897. — Chap. 355. 



Construction of 
highways, 
notice to cities 
and towns, bids, 
proposals, etc. 



Construction to 
be apportioned 
among the 
different 
counties, etc. 



1896, 513, §1, 
amended. 



Road machines 
to be furnished 
at the expense 
of the Conunon- 
wealtli for use 
in certain 
counties, etc. 



road or portion of it is situated, and in three or more 
daily papers published in Boston, for bids for the con- 
struction of said highway under their supervision and 
subject to their approval, in accordance with plans and 
specifications to be furnished by said commission. Such 
advertisement shall state the time and place for opening 
the proposals in answer to said advertisements, and re- 
serve the right to reject any and all proposals. All such 
proposals shall be sealed and shall be kept by the board, 
and shall be open to public inspection after said proposals 
have been accepted or rejected. ISaid commission may 
reject any or all bids, or if a bid is satisfactory they shall, 
with the approval of the governor and council, make a 
contract in writing on behalf of the Commonwealth for 
said construction, and shall require of the contractor a 
bond for at least twenty-five per cent, of the contract price 
to indemnify any city or town in which such highway lies, 
against damage while such road is being constructed ; and 
the Commonwealth shall not be liable for any damage occa- 
sioned thereby. The commission shall also have power 
to contract in the manner and under the conditions here- 
inbefore specified with a city or town, or with private 
bidders when a city or town shall not elect so to contract, 
for the grading of a state highway, or for furnishing mate- 
rials or any other element in the construction of such liigh- 
way. All construction of state roads shall be fairly ap- 
portioned by said commission among the different counties, 
and not more than ten miles of state road shall be con- 
structed in any one county in any one year on petition as 
aforesaid, without the previous approval thereof in writing 
by the governor and council. 

Section 3. Section one of chapter five hundred and 
thirteen of the acts of the year eighteen hundred and 
ninety-six is hereby amended by striking out the whole 
of said section and inserting in place thereof the follow- 
ing : — Section 1. Upon the application to the Massa- 
chusetts highway commission of the county commissioners 
of any county, made at the request of any town of not 
more than twelve thousand inhabitants within said count}'', 
there shall be furnished by said highway conmiission to 
said county, at the ex})ense of the Commonwealth, such 
steam rollers, portable stone crushers, and other road ma- 
chines as the said highway commission may deem neces- 
sary for the construction and maintenance of better roads 



Acts, 1897. — Chap. 356. 345 

in the county from which such a request comes. Such Machmesto 
machines shall remain the property of the Commonwealth pTopeny ole the 
and shall l)e managed and maintained under the direction ^°aith°etc. 
of the county commissioners, and they shall at all times 
be cared for in a manner satisfactory to the highway com- 
mission. The county commissioners shall engage com- 
petent engineers and skilled mechanics to operate said 
machines, who shall be paid from the county treasury 
such sums for each day's actual services as the county 
commissioners may determine. The expenses so incurred 
shall be repaid to the county by the Commonwealth or by 
the towns using said machines, as apportioned l)y the 
county commissioners, in proportion to the time during 
which such machines were used by such towns. When- 
ever any part of a state highway shall have been con- 
structed in a county where there is road machinery 
purchased under the provisions of this act the highway 
commission shall hav^e the right to use said machinery at 
such times as said road machinery is not in use by any 
town, for the maintenance and repair of such highway. 

Section 4. The provisions of section one of chapter isoe.an, §i, 
five hundred and forty-one of the acts of the }^ear eighteen repair of a state 
hundred and ninety-six shall apply to the repair of a state ^^s^'^''^- 
highway as well as to the construction thereof. 

Section 5. All payments made to the Commonwealth ^r^g^^e^W^un^^i 
under the provisions of said chapter five hundred and for construction 
forty-one shall be credited to the fund for the construction ways. 
of state highways : provided, that such a fund exists at Proviso. 
the time the payment is made, otherwise they shall be 
credited to the general fund of the Commonwealth. 

Approved May 6, 1897. 



Chap.DoG 



An Act to establish the salary of the justice of the 

MUNICIPAL court OF THE ROXBURY DISTRICT OF THE CITY OP 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The salary of the justice of the municipal ^"unkfpai 
court of the Roxbury district of the city of Boston shall of Rpxoury 

•/ «/ district* 

be three thousand dollars a year, to be so allowed from 
the first day of January in the year eighteen hundred and 
ninety-seven. 

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

Approved May 6, 1897. 



municipal court 



346 



Acts, 1897. — Chap. 357. 



1894, 522, § 60, 
etc., ameuded. 



Appointment 
of referees in 
case of loss 
under Are in- 
surance policj', 



Chap. 357 ^^ -^^"^ KELATIVE TO ARBITRATION UNDER THE MASSACHUSETTS 

STANDARD FIRE INSURANCE POLICY. 

Be it enacted, etc., as follows : 

Section 1. The closing parao^raph of section sixty of 
chapter five hundred and twenty-two of the acts of the 
year eighteen hundred and ninety-four, as amended by 
chapter one hundred and thirty-seven of the acts of the 
year eighteen hundred and ninety-six, is hereby amended 
by striking out in the fourth line, the words " if", and 
*'not", and by striking out in the ninth line, the words 
" if also", and in the tenth line, the word " not", and in 
the thirteenth line, the words " it shall be deemed to have 
waived", and by striking out the fourteenth, fifteenth and 
sixteenth lines, so that said closing paragraph of said sec- 
tion shall read as follows: — In case of loss under any 
tire insurance policy, issued on property in this Common- 
wealth, in the standard form above set forth, and the 
failure of the parties to agree as to the amount of loss, the 
insurance company shall, within ten days after a written re- 
quest 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 such insurance 
company shall, within ten days after receiving the names 
of three men named b}^ the insured under such provision, 
make known to the insured its choice of one of them to 
act as one of such referees. And in case of the failure of 
two referees, chosen, respectively, by the insurance com- 
pan}^ and the insured, to agree upon and select within ten 
days from 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 com- 
missioner to appoint such third referee ; and said commis- 
sioner 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 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. 

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

Approved May 6, 1897. 



Acts, 1897. — Chaps. 358, 359, 360, 361. 347 



An Act to establish the salary of the justice of the fourth (JJian.^^S 

DISTRICT court OF EASTERN MIDDLESEX. 

Be it enacted, etc., asfolloics: 

Section 1. The salary of the justice of the fourth dis- Justice of 
triet court of eastern Middlesex shall l)e eighteen hundred court of 'easTem 
dollars a year, to be so allowed from the first day of ^i'^'^'''^^^- 
January in the year eighteen hundred and ninety-seven. 

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

Ap2)roved May 6, 1897. 

An Act to establish the salary of the justice of the police (JJiq^jj 359 

court of springfield. 

Be it enacted, etc., as folloivs : 

Section 1. The salary of the iustice of the police court J^'fUce of 

'Dolicti court or 

of Springfield shall be two thousand two hundred dollars spimgtieid. 
a year, to be so allowed from the first day of January in 
the year eighteen hundred and ninety-seven. 

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

Approved May 6, 1897. 



Chap.360 



An Act to establish the compensation of the special jus- 
tices OF the municipal court of the city of boston. 

Be it enacted, etc., as follows : 

Section 1. The compensation of each of the special special justices 
justices of the municipal court of the city of Boston shall court of Boston, 
be fifteen dollars for each day's service. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. 

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

Appiroved May 6, 1897. 

An Act to consolidate the board of aldermen and the /^^/y^ Q(^"j 

COMMON council AND TO REORGANIZE THE CITY G0VERN3IENT ^' 

OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. There shall be elected by the registered President of 

JO citv couucu of 

voters of the city of Boston at every annual municipal Bostou.eiec- 

• • • tioii 6tC. 

election, under the same provisions of law so far as appli- 
cable as those under which the mayor of said city is now 
elected, a president of the city council for the term of one 
year. 



348 



Acts, 1897. — Chap. 3G1. 



Aldermen at 
large, election, 
etc. 



Ward alder- 
men, election, 
etc. 



City council. 



NorainatioDB by 
political parties. 



Section 2. There shall also be elected, as aforesaid, at 
said election in the current year, twelve aldermen at large, 
six for the term of two years and six for the term of one 
year, and at every subsequent annual municipal election 
there shall be elected as aforesaid six aldermen at large for 
the term of two years, and such other aldermen at large for 
the unexpired balances of terms as may be necessary to fill 
vacancies. 

Sectiox 3. There shall also be elected by the registered 
voters of each of the tw^enty-five W' ards of said city at every 
annual municipal election, under the same provisions of law 
so far as applicable as those under which members of the 
common council of said city are now elected, one ward 
alderman for the term of one year. 

Section 4. The president, twelve aldermen at large 
and twenty-five ward aldermen, elected as aforesaid, shall 
sit and act as one legislative body, and shall constitute the 
city council of the city of Boston. The term of each of 
said members of the city council shall begin with the first 
Monday of January next following his election, and on said 
day the members elect shall meet and be sworn as now pro- 
vided for members elect of the city council of said city. 

Section 5. A political party entitled to make nomina- 
tions to be placed on the official election ballot may make 
nominations for president of the city council, aldermen at 
large, and ward aldermen, to be placed on such ballot, only 
by direct plurality vote at party caucuses held in the several 
wards ; nominations for president of the city council, or for 
aldermen at large, to be placed on the official caucus ballot 
for such caucuses, may be made only by nomination papers 
bearing the signatures of at least one registered voter for 
every two hundred votes cast for mayor at the next pre- 
ceding election of a mayor, and filed with the board of 
election commissioners, as now required by law' to be filed 
with the city committee of the political party, instead of 
with such committee ; nominations for ward aldermen to be 
placed on such caucus ballot may be made only by nom- 
ination papers bearing the signatures of at least fifty reg- 
istered voters in the ward, filed with the board of election 
commissioners as aforesaid ; nominations for aldermen at 
large to be placed on such caucus ballot shall not specify 
for what term the candidates are nominated, but the several 
candidates receiving respectively the largest numbers of 
votes at such caucuses shall be the nominees for the lonjrest 



Acts, 1897. — Chap. 361. 349 



term to be filled, and those respectively receiving the next 
largest numbers of votes shall be the nominees for the next 
longest term to be filled, and if a tie vote between two or 
more candidates prevents such assignment of terms it shall 
be made by lot, publicly drawn by the ])oard of election 
commissioners of said city. No person shall sign caucus 
nomination papers for more candidates than there are nom- 
inations to be made. 

Section 6. Nominations by nomination papers for xomiimtious i.y 
president of the city council and aldermen at large, to be papers! '°"' 
placed on the official election ballot, may be made only by 
such papers bearing the signatures of at least one regis- 
tered voter for every one hundred votes cast for mayor at 
the next preceding election of a mayor, the nomination 
papers of aldermen at large specifying the terms for which 
the respective candidates are nominated ; nominations by 
nomination papers for ward aldermen, to be placed on the 
official election ballot, may be so made only by such 
papers bearing the signatures of at least one hundred 
registered voters of the ward. No person shall sign nom- 
ination papers for more candidates than there are oflBces to 
be filled. 

Section 7. The board of election commissioners shall dutTeTofefec- 
have the same powers and perform the same duties in rela- "»" commis- 

.. i t ^ I • IT •• 1 sioners, etc. 

tion to countmg, tabulatmg and determninig the votes 
cast at the several caucuses, as they have in relation to 
votes cast in the several precincts at elections ; and all 
provisions of law relating to caucus and election nomina- 
tion papers, nominations and caucuses, not inconsistent 
with the provisions of this act, shall apply to nomination 
papers, nominations and caucuses for the ofiices hereby 
created. 

Section 8. The president of the city council shall when President of 
present preside at the meetings thereof; shall from time power"aud' 
to time designate some member thereof to preside in his "iut'es-etc 
absence and when he leaves the chair ; shall appoint the 
chairman and other members of committees to the number 
fixed by the city council ; shall be a member of every 
committee, and chairman of every committee authorized 
to recommend appropriations or to prepare rules ; shall 
have the direction of the officers appointed by him or sub- 
ject to his approval or elected by the citj^ council : and 
may remove them for such cause as he may deem sufficient 
and shall assign in his order of removal ; shall serve as 



350 



Acts, 1897. — Chap. 361. 



May appoint a 
clerk, provide 
stationery, etc. 



Clerk of city 
council, elec- 
tion, powers 
and duties, etc. 



Compensation, 
etc., of presi- 
dent and mem- 
bers of city 
council, etc. 



To be judge of 
election of its 
members, estab- 
lish rules for 
its proceedings, 
etc. 



acting mayor in the same manner as the chairman of the 
board of aldermen of a city is authorized by general law 
to serve in such capacity, and his succession to the oflfice 
of mayor shall constitute a vacancy in the office of presi- 
dent ; and shall in the month of November of each year 
make a report, which shall be printed as a city document, 
giving a summary of the work of the city council for the 
current municipal year. 

Section 9. The president may appoint and fix the 
compensation, not exceeding fifteen hundred dollars per 
annum, of one clerk, and may, by requisition on the 
superintendent of printing, provide necessary stationery, 
printing and documents. The city council shall annually 
elect a clerk of the city council, who shall receive an 
annual salary not exceeding three thousand dollars, and 
who shall keep its records, and who shall appoint, subject 
to the approval of the president, necessary messengers, 
clerks and employees ; but in appointing or electing such 
messengers, clerks and employees, and furnishing station- 
ery, printing and documents as aforesaid, the appropria- 
tion made for expenses of the city council for " Employees 
and Supplies " shall not l)e exceeded. The salary of the 
president, paid in monthl}^ payments, shall be five thou- 
sand dollars per annum, or such smaller salary as the city 
council shall by ordinance prescribe, no change of such 
salary to take effect during the municipal year in which 
the change is made ; each of the other members of the city 
council shall be paid, in monthly payments, a salary of 
twelve hundred dollars per annum, and such further sum, 
not exceeding twenty-five dollars in any one month, as he 
shall certify has been incurred and paid by him as ex- 
penses in the performance of his official duties. No money 
shall be paid out of the city treasury for expenses of the 
city council or of any committee thereof, or to or for the 
compensation or expenses of any member of the city 
council or any officer or employee appointed by the presi- 
dent of the city council, except as provided in this section. 

Section 10. The city council shall be the judge of the 
election and qualification of its members ; shall from time 
to time establish rules for its proceedings ; shall, when a 
vacancy occurs in the office of president, elect by vote of 
a majority of all the members, some registered voter of 
said city not then a member to be president of the city 
council for the remainder of the municipal year; shall, 



Acts, 1897. — Chap. 3(32. 351 

when a vacancy occurs in the office of any member, elect 
by vote of a majority of all the members a registered 
voter of said city to fill the vacancy for the remainder of 
the municipal year ; shall have and exercise all the powers, 
authorities and duties, not inconsistent with this act, held 
under special laws by the mayor and aldermen or board 
of aldermen of said city, acting as county commissioners, 
or as other public officers, or as a branch of the city coun- 
cil, or by the city council, or the common council of said 
city, or held by the mayor and aldermen or the board of 
aldermen of cities under general laws ; and all general certain provi. 
laws and parts of general laws relating to aldermen or apply, etc. 
members of common councils of cities, and all special 
laws and parts of special laws relating to the aldermen or 
the members of the common council of the city of Boston, 
so far as they are not inconsistent with the provisions of 
this act, shall apply to the members of the city council 
created by this act. The mayor of said city may at any 
time address the city council in person. 

Section 11. All acts and parts of acts providing for Repeals, etc. 
the election of aldermen and members of the common 
council of said city, or inconsistent with this act, are 
hereby repealed, and all ordinances and parts of ordi- 
nances inconsistent with this act are hereby annulled. 

Section 12. This act shall be submitted for the ac- To be submitted 

. t* j-i . i?*i'j_ j.j_i ij_i for acceptance 

ceptance ot the voters oi said city at the annual state at state election, 

election in the current year, and if accepted by a majority ^^^'^•''*°- 

of the votes cast at such election the provisions relating 

to the nomination and election of members of the city 

council shall take eftect on such acceptance, and this act 

shall take full effect on the first ]Monday of January in the 

year eighteen hundred and ninety-eight. 

Approved May 7, 1897. 

An Act to establish the salary of the second clerk in the (Jhart.^QI 

OFFICE OF THE BOARD OF COMMISSIONERS OF SAVINGS BANKS. 

Be it enacted, etc., as follows : 

Section 1. The salary of the second clerk in the second cierk in 

/r' !• j^\ 1 1 jy • ' I' ' 11 oflice of cora- 

omce of the board of commissioners of savings banks missioners of 
shall be fifteen hundred dollars a year, to be so allowed ^"^'"^' ^""'''• 
from the first day of January in the year eighteen hundred 
and ninety-seven. 

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

Approved May 7, 1897. 



352 Acts, 1897. — Chaps. 363, 364. 



Ch(ip.3()3 -A^N Act to authorize the milford, holliston and framing- 
ham STREET RAILWAY COMPANY TO CONSTRUCT AND OPERATE 
ITS RAILWAY OVER THE TRACKS OF THE MILFORD lUlANCH OF 
THE BOSTON AND ALBANY RAILROAD COMPANY IN THE TOWN OF 
FRAMINGHAM AT GRADE. 

Be it enacted, etc., asfoUoivs: 

The Milford, Section 1. The Milford, Holliston and Framinghain 

Framhiu'iiam Sti'cet Kailwaj Company is hereby empowered to com- 
Comp\iuy'in:iy plctc its railwa}', and operate the same, over and across 
?aiTwiy''Jtc. the tracks of the Milford l)ranch of the Boston and Albany 
liailroad Company on Mollis street in the town of Fram- 
ingham, at grade, upon condition that whenever the grade 
crossing of said Hollis street and the tracks of the Boston 
and All)any Railroad Company is altered so as to avoid a 
crossing at grade, under the provisions of chapter four 
hundred and twenty-eight of the acts of the year eighteen 
hundred and ninety, or any act in addition thereto or in 
amendment thereof, or any special act, said street railway 
company, its successors or assigns, shall bear and pay ten 
per cent, of the total cost of such alteration ; and the re- 
mainder of said cost shall be apportioned as provided in 
said chapter four hundred and twenty-eight of the acts of 
the year eighteen hundred and ninety, between the Boston 
and Albany liailroad Company, the Commonwealth and 
the town of Framinoham. 
1895, 426, not to Section 2. Tlic provisioHs of chapter four hundred 
and twenty-six of the acts of the year eighteen hundred 
and ninety-five shall not apply to said crossing. 

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

App7'oved May 10, 1897. 



Chap.3C)4: ^^ ^^'^ MAKING AN APPROPRIATION FOR EXPENSES OF THE 

STEAMER KNOWN AS THE OCEAN GEM. 

Be it enacted, etc., as follows: 

AppropriatioM8. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for expenses in con- 
nection with the steamer known as the Ocean Gem, owned 
by the Commonwealth, to be expended under the direction 
of the chief of the district police, as provided for in chap- 
ter two hundred and eighty-eight of the acts of the year 
eighteen hundred and ninety-seven, to wit : — 



Acts, 189T. — Chaps. 365, 366. 353 

For running expenses and necessary repairs to the Expenses, etc., 
steamer in charge of the chief of the district police, a ocLTQeL. 
sum not exceeding forty-five hundred dolhirs. 

For travelling and other necessary expenses of a mem- Expenses of 

1 /... T-'j. T 1 2. '1 ^ I" • 1 1 •! member of dis- 

ber ot the district police detailed tor service on l^oard said tiict police 

steamer, a sum not exceeding five hundred dollars. service'^ou"^ 

Section 2. This act shall take effect upon its passage. '''*"*™<''"- 

Approved May 10, 1897. 

An Act to authouize the board of park commissioners of njidj) 3()5 

THE CITY OF BOSTON TO LEASE LANDS OR BUILDINGS UNDER 
THEIR CONTKOL FOR BOATHOUSES AND OTHER PURPOSES. 

Be it enacted., etc., as follows : 

Section 1. The board of park commissioners of the Parkcommis. 

• i/.-r>j 1 IT I'lT 1 sioneis of Bos- 

city oi iioston may lease any lands or Iniildings under ton muy lease 
their control, to be used for boathouses, refectories and buUdVng8,''etc. 
other purposes, and may grant concessions for kee})hig 
boats, carriages and other things for the accommodation 
of the public, for such terms and on such conditions as 
the board, with the approval of the mayor, may deem 
proper : provided, that nothing in this act shall be so con- Proviso. 
strued as to affect in any way any contract or agreement 
entered into by said board of park commissioners prior to 
the passage of this act. 

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

Approved May 10, 1807. 

An Act to authorize the county commissioners of the nhn n 36(j 

COUNTY OF BARNSTABLE TO PAY A SUM OF MONEY TO THE ' 
widow of JAMES H. HOPKINS. 

Be it enacted, etc., as folloivs : 

The county commissioners of the county of Barnstable widow of 
are hereby authorized to pay to the widow of James H. iiopkius.' 
Hopkins late justice of the second district court of Barn- 
stable, who died on the fifth day of September in the year 
eighteen hundred and ninety-six, the sum of three hun- 
dred and nineteen dollars and forty-four cents, being the 
amount of salary which the said James H. Hopkins would 
have been entitled to receive if he had lived until the end 
of said year. Approved May 10, 1897. 



354 Acts, 1897. — Ch.vps. 367, 3G8, 369. 



CliapS^^l An Act to estai!lisii a law lihkaky at the court house 

OF THE COUNTY OF ESSEX IN THE CITV OF LAWUENCE. 

Be it enacted^ etc.^ as follows : 

e8'trbiiBhe7cto Section 1. A law li])rary is hereby established at the 
court house of the county of Essex in the city of Lawrence, 
for the use of the courts and the citizens, which library 
shall be under the charge and control of the Lawrence 
Bar Association ; and the county commissioners of said 
county are hereby authorized to cause to be paid annually 
to said association from the treasury of said county the 
sum of five hundred dollars, to be expended by said asso- 
ciation in purchasing books for said library. 

SonerIto"Z'''' Section 2. The county commissioners of the county 

dLtionr"""""" of Essex are directed and required to provide suitable 
accommodations for such lil)rary in said court house. 

rppiy!"' ^ '^' *" Section 3. The provisions of section eight of chapter 
forty of the Public Statutes shall apply to the law library 
hereby established. Approved May 10^ 1