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ACTS 


RESOLVES 


PASSED  BY  THE 


General  %ttrt  d|  p;ajjfjathttsctts, 


IN   THE    TEAR 

1898, 

TOGETHER   WITH 

THE     CONSTITUTION,     THE     MESSAGES    OF    THE     GOVERNOR, 

LIST    OF    THE    CIVIL    GOVERNMENT,   TABLES    SHOWING 

CHANGES     IN     THE     STATUTES,     CHANGES     OF 

NAMES    OF    PERSONS,    ETC.,    ETC. 


PUBLISHED   BY  THE 

SECRETARY  OF  THE   COMMONWEALTH. 


BOSTON : 

WRIGHT   &  POTTER   PRINTING  CO.,   STATE   PRINTERS, 

18  Post  Office  Square. 

1898. 


A  CONSTITUTION 


FORM   OF    GOYERNMENT 


roR  THE 


Commonto^alt^  ai  Passacbusetls. 


PREAMBLE. 

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

The  body  politic  is  formed  by  a  voluntary  association  Body  pontic, 
of  individuals :  it  is  a  social  compact,  by  which  the  whole  ns^amre!  ' 
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  fi'aming  a  constitution  of  government,  to 
provide  for  an  equital^le  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  atlbrding  us,  in  the  course 
of  His  providence,  an  opportunity,  deliberately  and  peace- 
ably, without  fraud,  violence,  or  surprise,  of  entering  into 


CONSTITUTION  OF  THE 

tin  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  Dedaralion  of  Hu/hts,  and 
Frame  of  Government,  as  the  Constitution  of  the  Com- 
monwealth OP  Massachusetts. 


Equality  and 
natural  rigbteof 
all  men. 


Right  and  dvity 
of  public  reli- 
gious worship. 
Protection 
therein. 
2  Cush.  104. 
n  Allen,  129. 


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


Lfiglslature  em- 
powered to  com- 
jiel  provision  for 
public  worship; 


PART    THE    FIRST. 

A   Declaration   of  the   Rights  of  the  Inhabitants  of  the 
Co  ynmomvealth  of  Massachusetts . 

Article  I.  All  men  are  born  free  and  equal,  and  have 
certain  natural,  essential,  and  unalienable  rights ;  among 
which  may  be  reckoned'the  right  of  enjoying  and  defend- 
ing their  lives  and  liberties  ;  that  of  acquiring,  possessing, 
and  protecting  property;  in  fine,  that  of  seeking  and  ob- 
taining their  safety  and  happiness. 

II.  It  is  the  right  as  well  as  the  duty  of  all  men  in 
society,  puT)licly,  and  at  stated  seasons,  to  worship  the 
Supre3IE  Being,  the  great  Creator  and  Preserver  of  the 
universe.  And  no  subject  shall  be  hurt,  molested,  or 
restrained,  in  his  person,  liberty,  or  estate,  for  worship- 
ping God  in  the  manner  and  season  most  agreeable  to  the 
dictates  of  his  own  conscience ;  or  for  his  religious  pro- 
fession of  sentiments  ;  provided  he  doth  not  disturb  the 
public  peace,  or  obstruct  others  in  their  religious  worship. 

III.  [As  the  happiness  of  a  people,  and  the  good  order 
and  preservation  of  civil  government,  essentially  de})end 
upon  piety,  religion,  and  morality ;  and  as  these  cannot 
l)e  generally  diffused  through  a  community  but  by  the 
institution  of  the  public  worship  of  God,  and  of  public 
instructions  in  piety,  religion,  and  morality:  Therefore, 
to  promote  their  happiness,  and  to  secure  the  good  order 
and  preservation  of  their  government,  the  people  of  this 
commonwealth  have  a  right  to  invest  their  legislature  with 
power  to  authorize  and  require,  and  the  legislature  shall, 
from  time  to  time,  authorize  and  re(juire,  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,  rcli_2:ion,  and  morality,  in  all  cases  where  such 
provision  shall  not  be  made  voluntarily. 

And  the  people  of  this  commonwealth  have  also  a  rio-ht     and  to  enjoin 

■,     -,         .  1      •      I        •    1  •    1  1  attendance 

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-  gLu'rteac^herL'' 
ties,  shall,  at  all  times,  have  the  exclusive  right  of  electing  secured. 
their  public  teachers,  and  of  contracting  with  them  for 
their  support  and  maintenance. 

And  all  moneys  paid  by  the  subject  to  the  support  of  ^,|^o^°p"arochiai 
public  worship,  and  of  the  public  teachers  aforesaid,  shall,  taxes  may  be 

T)ui(i  uuIbss  etc 

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  instinictions 
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- 
selvcs  peaceably,  and  as  good  subjects  of  the  commonwealth,  pr°otect1d*  ^ 
shall  be  equally  under  the  protection  of  the  law  :  and  no  liulordlnation 
subordination  of  any  one  sect  or  denomination  to  another  °^  ^Jif  ^«"='  *« 

1-111  -1  another  pro- 

shall  ever  be  established  by  law.]  hibited. 

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

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

V.  All  power  residing  originally  in  the  people,  and  ^f'^^i^J^flfc^r"'^' 
being   derived   from   them,    the  several  magistrates  and  etc 
officers  of  government,  vested  with  authority,   whether 
legishitive,    executive,    or  judicial,   are  their  substitutes 

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

YI.     No  man,  nor  corporation,  or  association  of  men,  services ren- 
have  any  other  title  to  obtain  advantages,  or  particular  public  being  the 
and  exclusive  i)rivileges,  distinct  from  those  of  the  com-  peiuiVarVnyi. 
nmnity,  than  what  arises  from  the  consideration  of  ser-  {arrofflce^/are 
vices   rendered   to   the   public;    and   this  title   being  in  absurd  and 

.,  ,  ,  "^  ••iij^  I'll  unnatural, 

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


CONSTITUTION    OF  THE 


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


Right  of  people 
to  secure  rota- 
tion in  office. 


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

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

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


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

VII.  Government  is  instituted  for  the  common  irood 
for  the  protection,  safety,  prosperity,  and  ha})piness  of  tli 
people ;  and  not  for  the  profit,  honor,  or  private  intere; 
of  any  one  man,  family,  or  class  of  men  :  Therefore  tl: 
people  alone  have  an  incontestibie,  unalienable,  and  indc 
feasible  right  to  institute  government ;  and  to  reforn 
alter,  or  totally  change  the  same,  when  their  protectioi 
safety,  prosperity,  and  happiness  require  it. 

VIII.  In  order  to  prevent  those  who  are  vested  wit 
authority  from  becoming  oppressors,  the  people  have 
right,  at  such  periods  and  in  such  manner  as  they  sha 
establish  by  their  frame  of  government,  to  cause  the 
public  officers  to  return  to  private  life  ;  and  to  fill  u 
vacant  places  by  certain  and  regular  elections  and  appoin 
ments. 

IX.  All  elections  ought  to  be  free  ;  and  all  the  inhal 
itants  of  this  commonwealth,  having  such  qualifications  j 
they  shall  establish  by  their  frame  of  government,  have  a 
equal  right  to  elect  officers,  and  to  be  elected,  for  publ 
employments.  122  Mass.  595, 596. 

X.  Each  individual  of  the  society  has  a  right  to  I 
protected  by  it  in  the  enjoyment  of  his  life,  liberty,  an 
property,  according  to  standing  laws.  He  is  obliged,  coi 
sequently,  to  contribute  his  share  to  the  expense  of  th 
protection  ;  to  give  his  personal  service,  or  an  equivalent 
when  necessary  :  but  no  part  of  the  property  of  any  ind 
vidual  can,  with  justice,  be  taken  from  him,  or  applied  t 
public  uses,  without  his  own  consent,  or  that  of  the  repr( 
sentative  body  of  the  people.  In  fine,  the  people  of  th 
commonwealth  are  not  controllable  by  any  other  law 
than  those  to  which  their  constitutional  representativ 
body  have  given  their  consent.  And  whenever  the  pul 
lie  exigencies  require  that  the  property  of  any  individuj 
should  be  appropriated  to  public  uses,  he  shall  receive 
reasonable  compensation  therefor. 


1  Allen,  150. 

11  Allen,  530. 

12  .Mien,  223,  230. 
100  Muss.  544,  510. 


103  MaBS.  120,  624. 
106  Mass.  350,  362. 
108  Ma«H.  202,  213. 
Ill  Mass.  130. 


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


127  Mass.  50,  52, 

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


Remedies,  by 
recourse  to  the 
law,  to  be  free, 
eoniplete  uud 
prompt. 


XI.  Every  subject  of  the  commonwealth  ought  to  fin 
a  certain  remedy,  by  having  recourse  to  the  laws,  for  a 
injuries  or  wrongs  which  he  may  receive  in  his  persor 
property,  or  character.  He  ought  to  ol>tain  right  an 
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. 

XH.     No  subject  shall  be  held  to  answer  for  any  crimes  Prosecutiona 
or  offence,  until  the  same  is  fully  and  plainly,  substantially,  s^pTcklm. 
and  formally,  described  to  him  ;  or  be  compelled  to  accuse,  Js  pick! 434. 
or  furnish  evidence  against  himself.     And  every  subject  2\Fet^329^^' 
shall  have  a  right   to   produce   all   proofs    that   may  be  i2Cu8h.  246. 
favorable  to  him  ;  to  meet  the  witnesses  against  him  face  5  Gray'  leo. 
to  face,  and  to  be  fully  heard  in  his  defence  by  himself,  lo^o^ayfii! 
or  his  counsel,  at  his  election.     And  no  subject  shall  be  l^^neZ'sii.' 
arrested,  imprisoned,  despoiled,  or  deprived  of  his  prop-  ^q^^^'^q' 
erty,  immunities,  or  privileges,  put  out  of  the  protection  473! 
of  the  law,   exiled,   or  deprived  of  his  life,   liberty,   or  97  Mass.'sTo,* 
estate,  but  by  the  judgment  of  his  peers,  or  the  law  of  looMass. 287, 

fhp  linrl  295. 

lue  IctllU.  103  Mass.  418. 

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

108  Mass.  5,  6.  120  Mass.  118,  1:20.        124  Mass.  464.        129  Mass.  559. 

And  the  leo;islature  shall  not  make  any  law  that  shall  ?'g'^M° ^'i''*'.  ^y 

O  .      ,  .     ™  "^  .    ,  i"^y  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. 

i   /  •    1    1         .  103  Mass.  418. 

out  trial  by  jury. 

XHI.    In  criminal  prosecutions,  the  verification  of  facts.  Crimes  to  be 
in  the  vicinity  where  they  happen,  is  one  of  the  great-  vicinity. 
est  securities   of  the  life,  liberty,  and  property  of  the  Li'Massf ei,  62, 
citizen. 

XIV.     Every  subject  has  a  right  to  be  secure  from  all  Right  of  search 
unreasonable    searches,  and  seizures,  of  his  person,  his  regulated. 
houses,  his  papers,  and  all  his  possessions.     All  warrants,  Amend'tiv.  " 
therefore,  are  contrary  to  this  right,  if  the  cause  or  founda-  5Cu8ii^l69. 
tion  of  them  be  not  previously  supported  by  oath  or  affir-  J3^ra''^454 
mation,  and  if  the  order  in  the  warrant  to  a  civil  ofiicer,  to  10  AiienUos'. 

,  '  ,     .  ,11  ■  ,  '100  Mass.  136, 

make  search  in  suspected  places,  or  to  arrest  one  or  more  139. 

,1  x-iu-  J.        r^  J.  126  Mass.  269» 

suspected  persons,  or  to  seize  their  property,  be  notaccom-  273. 
panied  with  a  special  designation  of  the  persons  or  objects 
of  search,  arrest,  or  seizure  :  and  no  warrant  ought  to  be 
issued  but  in  cases,  and  with  the  formalities  prescribed  by 
the  laws. 

XY.     In  all  controversies  concernino;  property,  and  in  Right  to  triai  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  7pick.|66.' 

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

ii'i  11  1  •»  ^  Gray,  373. 

on  the  hiffh  seas,  and  such  as  relate  to  mariners  wages,  ii  Alien,  574, 

B  '  .  ~  .        677. 

the  legislature  shall  hereafter  find  it  necessary  to  alter  it,  102  Mass.  45, 

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


CONSTITUTION   OF  THE 


Liberty  of  the 
press. 


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


Moral  qualifica- 
tions for  office. 


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


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


Power  to  BUS. 
pend  the  laws  or 
their  execution. 


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


Frequent  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  hi 
restrained  in  this  commonwealth. 

XVII.  The  people  have  a  right  to  keep  and  to  beai 
arms  for  the  common  defence.  And  as,  in  time  of  peace, 
armies  are  dangerous  to  liberty,  they  ought  not  to  hi 
maintained  without  the  consent  of  the  legislature ;  anc 
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  fundamenta 
principles  of  the  constitution,  and  a  constant  adherence 
to  those  of  piety,  justice,  moderation,  temperance,  indus- 
try, and  frugality,  are  absolutely  necessary  to  preserve  the 
advantages  of  liberty,  and  to  maintain  a  free  government 
The  people  ought,  consequently,  to  have  a  particular  atten- 
tion to  all  those  principles,  in  the  choice  of  their  officers 
and  representatives  ;  and  they  have  a  right  to  require  o 
their  lawgivers  and  magistrates  an  exact  and  constan' 
observance  of  them,  in  the  formation  and  execution  of  th( 
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  commoi 
good ;  give  instructions  to  their  representatives,  and  t( 
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  th< 
legislature,  or  by  authority  derived  from  it,  to  be  exercisec 
in  such  particular  cases  only  as  the  legislature  shall  ex 
pressly  provide  for. 

XXI.  The  freedom  of  deliberation,  speech,  and  debate 
in  cither  house  of  the  legislature,  is  so  essential  to  th< 
rights  of  the  people,  that  it  cannot  be  the  foundation  o 
any  accusation  or  prosecution,  action  or  complaint,  in  ani 
other  court  or  |)lace  whatsoever. 

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

XXIII.  No  su])sidy,  charge,  tax,  impost,  or  dutie 
ought  to  be  established,  fixed,  laid,  or  levied,  under  an^ 
pretext  whatsoever,  without  the  consent  of  the  people  o 
their  representatives  in  the  legislature. 


COMMONWEALTH   OF  MASSACHUSETTS.  9 

XXIV.  Laws  made  to  punish  for  actions  done  before  ex  post  facto 
the  existence  of  such  laws,  and  which  have  not  been  de-  ^nlvil^^^il^^' 
chired  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,  LegiBiature not 
to  be  declared  guilty  of  treason  or  felony  by  the  legisla-  l^easonretc! 
ture. 

XXVI.  No  magistrate  or  court  of  law  shall  demand  Excessive  ban  or 
excessive  bail  or  sureties,  impose  excessive  fines,  or  inflict  puuishments, 

1  I'll.  prohibited. 

cruel  or  unusual  punishments.  5  Gray, 432. 

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  house7unie6sT^ 
in  time  of  war,  such  quarters  ought  not  to  be  made  but  ^^'^' 

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

XXVHI.     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?unkB™*Itc. 
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-  court!  ■'"'^'"^' 
ter,  that  there  be  an  impartial  interpretation  of  the  laws,  iGraV.'^iVi 
and  administration  of  justice."     It  is  the  right  of  ^very  *  ^jjen,  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,  "fenureof  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  ofiices  as  long  as 
they  behave  themselves  well ;  and  that  they  should  have 
honorable  salaries  ascertained  and  established  by  standing  salaries. 
laws. 

XXX.  In  the  government  of  this  commonwealth,  the  separation  of 
legislative  department  shall  never  exercise  the  executive  cfaranTieiis'' 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  J^e^tl'^^'P''"' 
never  exercise  the  legislative  and  judicial  powers,  or  either  2  c^h.  5j7^. 
of  them  :  the  judicial  shall  never  exercise  the  legislative  8A]ien,'247,'25a 
and  executive  powers,  or  either  of  them  :  to  the  end  it  286.  ^^^'    "' 
may  be  a  government  of  laws  and  not  of  men.  249.^"^^'^^^' 

116  Mass.  317. 
129  Mass.  559. 


10 


CONSTITUTION  OF  THE 


Title  of  body 
politic. 


PART   THE   SECOND. 
The  Frame  of  Government. 

The  people,  inhabiting  the  territory  formerly  called  the 
Pro^'ince  of  Massachusetts  Bay,  do  herel)y  solemnly  and 
rautuall}'  agree  with  each  other,  to  form  themselves  into  a 
free,  sovereign,  and  independent  body  politic,  or  state,  by 
the  name  of  The  Commoxwealtii  of  ^Massachusetts. 


Legislative 
department. 


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


Governor'sveto. 
99  Mass.  636. 


Bill  may  be 
paused  by  two- 
thirds  of  each 
house,  notwith- 
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  been  laid  before  the  governor  for  his 
revisal ;  and  if  he,  upon  such  revision,  approve  thereof,  he 
shall  signify  his  approbation  by  signing  the  same.  But  if 
he  have  any  objection  to  the  passing  of  such  bill  or  resolve, 
he  shall  return  the  same,  together  with  his  objections  there- 
to, in  writing,  to  the  senate  or  house  of  representatives,  in 
Avhichsoever  the  same  shall  have  originated  ;  who  shall 
enter  the  objections  sent  down  by  the  governor,  at  large, 
on  their  records,  and  proceed  to  reconsider  the  said  bill  or 
resolve.  But  if  after  such  reconsideration,  two-thirds  of 
the  said  senate  or  house  of  representatives,  shall,  notwith- 
standing the  said  ol)jections,  agree  to  pass  the  same,  it 
shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  the  legislature,  where  it  shall  also  l)e  reconsid- 
ered, and  if  approved  by  two-thirds  of  the  members  pres- 
ent, shall  have  the  force  of  a  law  :  but  in  all  such  cases, 


COMMONWEALTH   OF  MASSACHUSETTS.  11 

the  votes  of  both  houses  shall  bo  determined  by  yeas  and 
nays  ;  and  the  names  of  the  i)ersons  voting  for,  or  against, 
the  said  bill  or  resolve,  shall  be  entered  upon  the  i:)ul)lic 
records  of  the  commonwealth.  iii°ca''^'^T'd° 

And  in  order  to  prevent  unnecessary  delays,  if  any  bill  joummeut  of 
or  resolve  shall  not  be  returned  by  the  governor  within  courl^^wuhin 
live  days  after  it  shall  have  been  presented,  the  same  shall  eel  amend-'*  ^' 
have  the  force  of  a  law.  '"7^^'  ^^^  ^- 

HI.     The  general  court  shall  forever  have  full  power  General  court 
and  authority  to    erect   and   constitute  judicatories  and  judicatories"'^ 
courts  of  record,  or  other  courts,  to  be  held  in  the  name  ^ourts  of  record, 
of  the  conunonwealth,  for  the  hearing,  trying,  and  deter-  j^^J^i^', ^w, 
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  inhaliiting,  or  residing,  or  brought 
M'ithin  the  same :  Avhether  the  same  be  criminal  or  civil, 
or  whether  the  said  crimes  be  capital  or  not  capital,  and 
whether  the  said  pleas  be  real,  personal,  or  mixed;  and 
for  the  awarding  and  making  out  of  execution  thereupon. 
To  which  courts  and  judicatories  are  hereby  given  and  courts  etc., 
granted  full  power  and  authority,  from  time  to  time,  to  oaths. 
administer  oaths  or  affirmations,  for  the  better  discovery 
of  truth  in  any  matter  in  controversy  or  depending  before 
them. 

IV.     And  further,  full  power  and  authority  are  hereby  General  court 
given  and  granted  to  the  said  general  court,  from  time  to  ftc^^'^^^   '*^^' 
time  to  make,  ordain,  and  establish,  all  manner  of  whole-  4  Airen',  4"73. 
some  and  reasonable  orders,  laws,  statutes,  and  ordinances,  ^■^.^"®°'^^' 
directions  and  instructions,  either  with  penalties  or  wnth-  190 Mass. 544, 
out;  so  as  the  same  be  not  repugnant  or  contrary  to  this  iisMass. 467, 
constitution,  as  they  shall  judge  to  be  for  the  good  and 
welfare  of  this  commonwealth,  and  for  the  government  jaws^fc.^n^t 
and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  [|:P"^„g°.' *^*'. 
for  the  necessary  support  and  defence  of  the  government  6Aiieu,358. 
thereof;  and  to  name  and  settle  annually,  or  provide  by    may  provide 
fixed  laws  for  the  naming  and  settling,  all  civil  officers  or  appointment 
within  the  said  commonwealth,  the  election  and  consti-  ii5°MaeI!'602. 
tution  of  whom  are  not  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for  ;  and  to  set  forth  the  several  th^r  dut^ies?'^'"^ 
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  a.s  the  same  be  not  repugnant  or  contrary  to 


12  CONSTITUTION   OF  THE 

t&TeV ei^?°^'^  this  constitution  ;  and  to  impose  and  levy  proportional 
r2Ma88. 2o2.  .^(i  reasonable  assessments,  rates,  and  taxes,  u):»on  all  the 
6 Allen,  558.       inhabitants  ot,  and  persons  resident,   and  estates   Ivinij:, 

8  Allen, 247, 253.        -.i   •       .i  -t  Ul  11+-  '^       »' 

10 Allen, 235.  within  the  saul  commonwealth;  and  also  to  impose  and 
12  A  lien, '7^,^223,  levv  rcasonal^lc  duties  and  excises  upon  any  produce, 
3oo'3i-''3i3'6oo'  goods,  wai'es,  merchandise,  and  commodities,  whatsoever, 
612-     '     '     '  brouiiht  into,  produced,  manufactured,   or  being:   within 

98  Afaes   19.  ^  *•  .  .  ® 

100  Mass.  285.  tliG  saiiic  ;  to  be  issued  and  disposed  of  l)y  Avarrant,  under 
585.  '""*'  '^'  the  hand  of  the  governor  of  this  commonwealth  for  the 
m  Mass!  388,"  time  being,  wltli  tliG  advice  and  consent  of  the  council, 
iieMa^s  461  ^^^  t^^^  public  service,  in  the  necessary  defence  and  sup- 
118 Mass.  380,  port  of  thc  govemmeut  of  the  said  commonwealth,  and 
123  Mass.  493,  the  protcctioii  and  preservation  of  the  subjects  thereof, 
i27*Ma88. 413.     accoixliug  to  such  acts  as  are  or  shall  be  in  force  within 

the  same. 
ta™ s!  itcrto\e      -^'^^^  Avhile   the  public  charges  of  government,  or  any 
disposed  of  for    yy^yf^  thcrcof,  shall  be  assessed  on  polls  and  estates,  in  the 

defence,  i^rotec-  >-  iii>i  •!•  i 

tion,  etc^_  manner  that  has  hitherto  been  practised,  in  order  that 
Valuation  of'  '  such  assessDicnts  may  be  made  with  equality,  there  shall 
ren'*yTar°,*^at'"  bc  a  valuatioii  of  estatcs  Avithin  the  commonwealth,  taken 
s^AiVen.^L'it.^^*'*  iiiiew  once  in  every  ten  years  at  least,  and  as  much  oftencr 
120 Mass.  547.     j^y  the  general  court  shall  order. 

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


CHAPTER  I. 
Section  II. 

Senate. 

Kud'b^'Zom      Article  I.     [There  shall  be  annually  elected,  by  the 
elected.  frceholdcrs  and  other  inhabitants  of  this  commonwealth, 

bupereeded  by  i  •  ,^      t  •       j  i   •  • ,     ,  •  •  •  i      i      x-      ^ 

amendments,      qualitied  as  111  this  coustitutioii  IS  pi'ovidcd,  loi'ty  persons 
wLicii  was'aiso  to  bc  couuclllors  and  senators  for  the  year  ensuing  their 
amewimems'l^    clectiou  ;  to  be  chosen  by  the  inhabitants  of  the  districts 
Art. XXII.        jij^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  l)y  the  said  districts  ;  and 
For  provision  as  timelv  iiuike  kuowu  to  the  inhaiiitants  of  the  common- 

to  couuclllors,  J  ...  .  1      ,  ,  . 

peearacnd-        Wealth  tlic  liiuits  of  cach  district,  and  the  num])er  ot  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  ;  Plampshire,  four  ;  Plymouth,  three  ;  Barnstable,  one  ; 
Bristol,  three  ;  York,  two  ;  Dukes  County  and  Nantucket, 
one  ;  Worcester,  five  ;  Cumberland,  one  ;  Lincoln,  one  ; 
Berkshire,  two.] 

IL     The  senate  shall  be  the  first  branch  of  the  legisla-  Manner  and 
turc  ;  and  the  senators  shall  be  chosen  in  the  following  man-  gJIlatoM  anT°° 
uer,  viz.  :  there  shall  be  a  meeting  on  the  [first  Monday  in  amendmemH^'''' 
April,]  annually,  forever,  of  the  inhabitants  of  each  town  Arts.  x.  and 
in  the  several  counties  of  this  commonwealth  ;  to  be  called  tocuies.see 
by  the  selectmen,  and  w^arned  in  due  course  of  law,  at  A^t^ii"''"'^** 
least  seven  days  before  the  [first  Monday  in  April,]  f()r  j;';aSiou«o'f 
the  purpose  of  electing  persons  to  be  senators  and  coun-  eededb^amend 
cillors ;   [and  at  such  meetings  every  male  inhabitant  of  ?i™^*j  ^>"''- 
twenty-one  years  of  age  and  upwards,  having  a  freehold  xxviii.'.xxx., 
estate  within  the  commonwealth,  of  the  annual  income  of  xxxiif" 
three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  tYnT"  de'tined!" 
shall  have  a  riirht  to  give  in  his  vote  for  the  senators  for  see  also  amend- 

/•I'li'  •!  ments,  Art. 

the  district  of  w^hich  he  is  an  inhabitant.]    And  to  remove  xxiii.,wWch 

iiiiy  •  ji  •  /.ji  T  .11..      was  annulled  by 

all  doubts  concerning  the  meaning  oi  the  word  "  inhabit-  Art.  xxvi. 
ant"  in  this  constitution,  every  person  shall  be  considered  122 Ma8B."o95, 
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  i)reside  at  selectmen  to 

,         *■   .  preside  at  town 

such   meetings  impartially ;   and  shall  receive   the  votes  meetings. 
of  all  the  inhabitants  of  such  towns  present  and  qualified 
to  vote  for  senators,  and  shall    sort   and  count  them  in 
open  town  meeting,  and  in  presence  of  the  town  clerk,  Ketum  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.  An.  11.       ' 
directed   to    the  secretary  of  the  commonwealth  for  the 
time  being,  with  a  superscription,  expressing  the  purport 


u 


CONSTITUTION   OF   THE 


Tlmp  ch.inpcd 
to  first  Wcdues. 
day  of  January. 
See  amend- 
montu,  Art.  X. 


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


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


Governor  and 
council  to  ex- 
amine and  count 
voles,  and  Issue 
eiimmonBes. 
Time  changed 
to  first  Wednes- 
day in  January 
by  amendments, 
Art.X. 
Majority 
changed  to 
plurality  by 
amendments, 
Art.  XIV. 


Senate  to  be 
linal  judge  of 
elections,  etc., 
of  its  own  mem- 
bcr«. 


of  the  contents  thereof,  and  delivered  by  the  town  clerk 
of  such  towns,  to  the  sheriff  of  the  county  in  which  such 
town  lies,  thirty  days  at  least  before  [the  last  Wednesday 
in  ]May]  annually  ;  or  it  shall  be  delivered  into  the  secre- 
tary's office  seventeen  days  at  least  before  the  said  [last 
Wednesday  in  May  :]  and  the  sheriff  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 
be  empowered  and  required  to  assess  taxes  upon  them- 
selves toward  the  support  of  government,  shall  have 
the  same  privilege  of  voting  for  councillors  and  senators 
in  the  plantations  where  they  reside,  as  town  inhabitants 
have  in  their  respective  towns  ;  and  the  plantation  meet- 
ings for  that  purpose  shall  be  held  annually  [on  the  same 
first  Monday  in  April] ,  at  such  place  in  the  plantations, 
respectively,  as  the  assessors  thereof  shall  direct ;  which 
assessors  shall  have  like  authority  for  notifying  the  elect- 
ors, collecting  and  returning  the  votes,  as  the  selectmen 
and  town  clerks  have  in  their  several  towns,  by  this  con- 
stitution. And  all  other  persons  living  in  places  unincor- 
porated (qualified  as  aforesaid)  who  shall  be  assessed  to 
the  support  of  government  by  the  assessors  of  an  adjacent 
town,  shall  have  the  privilege  of  giving  in  their  votes  for 
councillors  and  senators  in  the  town  where  they  shall  be 
assessed,  and  be  notified  of  the  place  of  meeting  l)y  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  tlie  [last  Wednesday  in  May]  annually,  the  gov- 
ernor with  five  of  the  council,  for  the  time  being,  shall, 
as  soon  as  may  be,  examine  the  returned  coi:)ies  of  such 
records ;  and  fourteen  days  before  the  said  day  he  shall 
issue  his  summons  to  such  persons  as  shall  appear  to  be 
chosen  l)y  [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  thoy  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 

])ointed  out  in  the  constitution;  and  shall,  [on  the  said 'r''»®c''»nged 
last  Wednesday  in  INIay]  annually,  determine  and  declare  day'^^f  jiamTry 
who  are  elected  by  each  district  to    be   senators  [by  a  ^yf."],?"'^'"«"'^' 
majority  of  votes  ;  and  in  case  there  shall  not  appear  to  Sgi'Jto 
be  the   full  number  of  senators   returned    elected    bv  a  plurality  by 

/•  /•  i-j'jii  1/.    .  "^  amendments, 

majority  oi  votes  lor  any  district,  the  dehciency  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^'^l^"^'^^'  ^°^ 

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'opie?  ^ 

every  district  of  the  commonwealth  ;  and  in  like  manner  mTnts^Art. 

all  vacancies  in  the  senate,  arising  by  death,  removal  out  ^^^v. 

of  the  state,  or  otherwise,  shall  be  supplied  as  soon  as  may 

be,  after  such  vacancies  shall  happen.] 

V.  Provided,   nevertheless,   that  no  person  shall  be  Qualifications  of 
capable  of  being  elected  as  a  senator,  [who  is  not  seised  propeny'quaii- 
in  his  own  right  of  a  freehold,  within  this  commonwealth,  fghtd!" ''^°'' 
of  the  value  of  three  hundred  pounds  at  least,  or  possessed  ^^e^nt™^^ 

of  personal  estate  to  the  value  of  six  hundred  pounds  at  xiii. ' 
least,  or  of  both  to  the  amount  of  the  same  sum,  and]  who  vidonLt'o'^^'^*^ 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  auo'^amend^-''^ 
space  of  five  years  immediately  preceding  his  election,  and,  xxn.'^"^' 
at  the  time  of  his  election,  he  shall  be  an  inhabitant  in  the 
district  for  which  he  shall  be  chosen. 

VI.  The  senate  shall  have  power  to  adjourn  themselves.  Senate  not  to 

•11  IT  ji  i  ^   A  1  1        adjourn  more 

provided  such  adjournments  do  not  exceed  two  days  at  a  than  two  days. 
time. 

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

,  ,  1  '      i,  i  Its  othcers  and 

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

■..  ^  rules. 

ceedings. 

VIII.  The  senate  shall  be  a  court  with  full  authoritv  .  shaiitryaii 

,  -,  .  11.  Ill""     impeachments. 

to  hear   and   determine   all    mipeachments   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 


Quorurn. 
See  amend- 
mentB,  Arts. 
XXII.  and 
XXXIIl. 


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

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


Representation 
of  the  people. 


Representa- 
tives, by  whom 
chosen. 

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


Proviso  as  to 
towns  having 
lees  than  1.^0 
ratable  polls. 


Towns  riable  to 
iine  in  case,  etc. 


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


Qualifications  of 
a  representa- 
tive. 


CHAPTEli    I. 

Section  III. 

House  of  Representatives. 

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

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

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

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

[The  expenses  of  travelling  to  the  general  assembly,  and 
returning  home,  once  in  every  session,  and  no  more,  shall 
be  paid  by  the  government,  out  of  the  public  treasury,  to 
every  member  who  shall  attend  as  seasonably  as  he  can,  in 
the  judgment  of  the  house,  and  does  not  dej^art  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  precedino^  his  election,  shall  have  been  an  inhab-  New  provision 

.,       ,       ^        ^ ,  ,  ..'='  •       J   •      1  •  •    I  -       r-         /•  »"  to  residence. 

itant  or,  and  have  been  seised  in  his  own  right  oi  a  free-  see  amend- 
hold  of  the  value  of  one  hundred  pounds  within  the  town  xxi*'  ^"' 
he  shall  be  chosen  to  represent,  or  any  ratable  estate  to  ^cauou7abou'" 
the  value  of  two  hundred  pounds  ;  and  he  shall  cease  to  ^^^''^  by  amend- 

.  -,  1  1  .  ments.  Art. 

represent  the  said  town  immediately  on  his  ceasing  to  be  xiii. 
qualified  as  aforesaid.] 

IV.  [Eveiy  male  person,  being  twenty-one  years  of  ^"o||fj^''"°°^°^ 
age,  and  resident  in  any  particular  town  in  this  common-  These  pro. 

~     '  -  y    '■  ,.-,         ,  visions  super- 

wealth  tor  the  space  or  one  year  next  preceding,  having  a  eeded  by 

freehold  estate  w^ithin  the  said  town  of  the  annual  income  Art8.iii.,xx., 

of  three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  xxxi?ind'^^' 

shall  have  a  right  to  vote  in  the  choice  of  a  representative  si^'^iYo  amend- 

or  representatives  for  the  said  town.l  ^^",'f^^'^V-  ,. 

TT  rrrM  i  c     i         i  •  j      j«  1       11    AXIII.,  which 

V.  [ilie  members  ot  the  house  ot  representatives  shall  was  annulled  by 
be  chosen  annually  in  the  month  of  May,  ten  days  at  least  RepVesentai 
before  the  last  Wednesday  of  that  month.]  "J*^^-  ^'^^en 

J  J  chosen. 

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

Art.  XV. 

YI.     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. 

A'^II.     All  money  bills  shall  originate  in  the  house  of  na°e  a^u  monfy 
representatives  ;  but  the  senate  may  propose  or   concur  ^'"^" 
with  amendments,  as  on  other  bills. 

VIH.     The  house  of  representatives  shall  have  power  ^°l.e^°thai°wo 
to  adjourn  themselves ;  provided  such  adjournment  shall  ^ays. 
not  exceed  two  days  at  a  time.  Quorum,  see 

IX.  [Not  less  than  sixty  members  of  the  house  of  amendments, 

L.  ,11  ,.  f  1     •  ^  •      Arts.  XXI.  and 

representatives  shall  constitute  a  quorum  tor  doing  busi-  xxxiii. 
ness.j 

X.  The  house  of  representatives  shall  be  the  judge  of  ^euune^uf.,  of 
the  returns,  elections,  and  qualifications  of  its  own  mem-  bei-g'To'^h^ose 
bers,  as  pointed  out  in  the  constitution  ;  shall  choose  their  its  officers  and 
own   speaker;  appoint  their  own  officers,  and  settle  the  mios, etc. 
rules  and  orders  of  proceeding  in  their  own  house.     They  fo"^.J',.""-f,'^ 
shall   have  authority  to    punish    by  imprisonment  every  oft'^ices. 
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 


16 


CONSTITUTIOX   OF  THE 


Privileges  of 
members. 


Senate. 
Governor  j\nd 
council  may 
punisli. 

General  limita- 
tion. 
14  Gray,  226. 


Trial  may  be  by 
committee,  or 
Otherwise. 


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

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

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

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


Governor. 


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


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

Time  of  elec- 
tion changed  by 
amendments, 
Art.  X.,  and 
changed  n^ain 
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 
Co.AoiONWEALTH  OF  MASSACHUSETTS ;  and  Avhosc  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  })receding  ;  [and  unless  he 
shall  at  the  same  time  be  seised,  in  his  own  right,  of  a 
freehold,  within  the  commonwealth,  of  the  value  of  one 
thousand  pounds ;]  [and  unless  he  shall  declare  himself  to 
be  of  the  Christian  religion.] 

III.  Those  persons  who  shall  be  qualified  to  vote  for 
senators  and  representatives  Avithin  the  sev^eral  towns  of 
this  commonwealth  shall,  at  a  meeting  to  l)e  called  for 
that  purpose,  on  the  [first  Monday  of  April]  annually, 
o-ive  in  their  votes  for  a  governor,  to  the  selectmen,  who 
shall  preside  at  such  meetings  ;  and  the  town  clerk,  in  the 
presence  and  with  the  assistance  of  the  selectmen,  shall, 


COMMONWEALTH   OF  MASSACHUSETTS.  19 

in  open  town  meeting,  sort  and  count  the  votes,  and  form 
a  list  of  the  persons  voted  for,  with  the  number  of  votes 
for  each  person  against  his  name  ;  and  shall  make  a  fair 
record  of  the  same  in  the  town  books,  and  a  public  decla-  As  to  cities,  see 
ration  thereof  in  the  said  meeting  ;  and  shall,  in  the  pres-  An.  ii. 
ence  of  the  inhabitants,  seal  up  co[)ies  of  the  said  list, 
attested  by  him  and  the  selectmen,  and  transmit  the  same 
to  the  sheritt'  of  the  county,  thirty  days  at  least  before  the 
[last  Wednesday  in  May]  ;  and  the  sheriff  shall  transmit  Time  changed 
the  same  to  the  secretary's  ofBce,  seventeen  days  at  least  day  or  January' 
before  the  said  [last  Wednesday  in  May]  ;  or  the  select-  ^y.'7^^.°dments. 
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^- 

—I  *j  Ilow  chosGn 

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

IV.  The  governor  shall  have  authority,  from  time  to  rower  of  gov- 
time,  at  his  discretion,  to  assemble  and  call  together  the  governor  and 
councillors  of  this  commonwealth  for  the  time  being  ;  and  '^°"°"'- 
the  governor  with  the  said  councillors,  or  five  of  them  at 

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

V.  The  governor,  with  advice  of  council,  shall  have  May  adjourn  or 
full  power  and  authority,  during  the  session  of  the  gen-  generfrcoma 
eral  court,  to  adjourn  or  prorogue  the  same  to  any  time  a^d°con?enr' 
the  two  houses  shall  desire  ;   [and  to  dissolve  the  same  on  the  same. 

,  ii-iT^i  i-T»r  1      As  to  dissolu- 

the  day  next  precednig  the  last  \\  ednesday  m  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 


Aa  to  dissolu- 
tion, see  amend, 
nieuts,  Art.  X. 

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


(iovernor  to  be 
comraander-iu- 
chief. 


coui't  is  next  at  any  time  to  convene,  or  any  other  cause 
happening,  '\vherel)y  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.] 

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

VII.  The  governor  of  this  commonwealth,  for  the  time 
])eing,  shall  be  the  commander-in-chief  of  the  army  and 
navy,  and  of  all  the  military  forces  of  the  state,  by  sea 
and  land ;  and  shall  have  full  power,  by  himself,  or  by 
any  commander,  or  other  officer  or  officers,  from  time  to 
time,  to  train,  instruct,  exercise,  and  govern  the  militia 
and  navy  ;  and,  for  the  special  defence  and  safety  of  the 
commonwealth,  to  assemble  in  martial  array,  and  put  in 
warlike  posture,  the  inhabitants  thereof,  and  to  lead  and 
conduct  them,  and  with  them  to  encounter,  repel,  resist, 
expel,  and  pursue,  by  force  of  arms,  as  well  by  sea  as  by 
land,  within  or  without  the  limits  of  this  commonwealth, 
and  also  to  kill,  slay,  and  destroy,  if  necessary,  and  con- 
quer, by  all  fitting  ways,  enterprises,  and  means  whatso- 
ever, all  and  every  such  person  and  persons  as  shall,  at 
any  time  hereafter,  in  a  hostile  manner,  attempt  or  enter- 
prise the  destruction,  invasion,  detriment,  or  anno3^ance 
of  this  commonwealth  ;  and  to  use  and  exercise,  over  the 
army  and  navy,  and  over  the  militia  in  actual  service,  the 
law-martial,  in  time  of  war  or  invasion,  and  also  in  time 
of  rebellion,  declared  by  the  legislature  to  exist,  as  occa- 
sion shall  necessarily  require  ;  and  to  take  and  surprise, 
by  all  ways  and  means  whatsoever,  all  and  every  such 
person  or  persons,  with  their  ships,  arms,  ammunition, 
and  other  goods,  as  shall,  in  a  hostile  manner,  invade,  or 
attempt  the  invading,  conquering,  or  annoying  this  com- 
monwealth ;  and  that  the  governor  be  intrusted  Avith  all 
these  and  other  powers,  incident  to  the  offices  of  cap- 
tain-general and  commander-in-chief,  and  admiral,  to  be 
exercised  asfreeablv  to  the  rules  and  regulations  of  the 
constitution,  and  the  laws  ot  the  land,  and  not  other- 
wise. 


COMMONWEALTH   OF  MASSACHUSETTS.  21 

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

VIII.  The  power  of  pardoning  offences,  except  such  ^und^ma^"*^ 
as  persons  may  be  convicted  of  before  the  senate  by  an  pardon  offences, 
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  Mas8.°323. 
tained  therein,  descriptive  of  the  offence  or  offences  in- 
tended to  be  pardoned. 

IX.  All  ludicial  officers,   Fthe  attornev-ofeneral.l  the  Judicial om. 

»  *^    "  J  cers  etc.  how 

solicitor-general,  [all  sheriffs,]  coroners,  [and  registers  of  nom'inated  and 
probate,]  shall  be  nominated  and  appointed  by  the  gov-  Fonirovisiona 
ernor,  by  and  with  the  advice  and  consent  of  the  council ;  of  Lttorn'ey°" 
and  every  such  nomination  shall  be  made  by  the  o-overnor,  general,  see 

»'  ,  1    "^  .^  amendments, 

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

For  provision  as  to  election  of  sheriffs,  registers  of  probate,  etc.,  see  amendments.  Art. 
XIX.    For  provision  as  to  ai)polntment  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  Limifatron  of 
list  of  their  respective  companies,  [of  twenty-one  years  byVm^d"-""' 
of  age  and  upwards  ;]  the  field  officers  of  regiments  shall  ments,  Art.v. 
be  elected  l)y  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  leo;islature  shall,  by  standins;  laws,  direct  the  time  Election  of 

o  '       */  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  h^w^Ilfp^med' 
house  of  representatives,  each  havino;  a  nejjative  upon  the  apdcommis- 

i  '  o  r?  i  Bioned. 

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^  .mease. 


22 


CONSTITUTION  OF  THE 


Officers  duly 
commissioned, 
how  removed. 
Superseded  by 
amendmeuts, 
Art.  IV. 


Adjutants,  etc., 
how  appointed. 


Army  officers, 
how  appointed. 


Organization  of 
militia. 


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


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


tions,  after  })eing  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  hy  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. 

Xin.  As  the  public  good  requires  that  the  governor  go|f/r^or. 
should  not  be  under  the  undue  influence  of  any  of  the 
members  of  the  general  court  by  a  dependence  on  them 
for  his  support,  that  he  should  in  all  cases  act  with  free- 
dom for  the  benefit  of  the  public,  that  he  should  not  have 
his  attention  necessarily  diverted  from  that  object  to  his 
private  concerns,  and  that  he  should  maintain  the  dignity 
of  the  commonwealth  in  the  character  of  its  chief  magis- 
trate, it  is  necessary  that  he  should  have  an  honorable 
stated  salary,  of  a  fixed  and  permanent  value,  amply  sufli- 
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  fniufflcfent. 
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,  \\^\l^^^l\^l\\fy. 
whose   title    shall    be  —  His    Honor;   and  who  shall  be  <=»''°"f-  '^fe 

.  f-  -,  .  -.  araenaraeDts, 

qualified,  in  point  of  [religion, ]  [property,  J  and  residence  Arts.  vii.  and 
in  the  commonwealth,  in  the  same  manner  with  the  gov- ' 
ernor ;  and  the  day  and  manner  of  his  election,  and  the 
qualifications  of  the    electors,  shall  be  the  same  as  are 
required  in  the  election  of  a  governor.     The  return  of 
the  votes  for  this  officer,  and  the  declaration  of  his  election, 
shall  be  in  the  same  manner;  [and  if  no  one  person  shall  Howchosen. 
be  found  to  have  a  majority  of  all  the  votes  returned,  the  Election  by 
vacancy  shall  be  filled  by  the  senate  and  house   of  repre-  ^  ""^^  '^  ^™" 


24 


CONSTITUTION   OF  THE 


vided  for  by 
amendments, 
Art.  XIV. 


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


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


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

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

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


Coiincil. 
Number  of 
councillors 
changed  to 
eight. 

See  amend- 
ments, Art. 
XVI. 


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

Superseded  by 
amendments. 
Art.  XVL 


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


CHAPTER   II. 

Section  III. 

Council i  and  the  Manner  of  settling  Elections  by  the  Leg is^ 

lature. 

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

II.  [Nine  councillors  shall  be  annually  chosen  from 
among  the  persons  returned  for  councillors  and  senators, 
on  the  last  Wednesday  in  May,  by  the  joint  ballot  of 
the  senators  and  representatives  assem])lcd  in  one  room  ; 
and  in  case  there  shall  not  be  found  upon  the  first  choice, 
the  whole  number  of  nine  persons  who  will  accept  a  seat 
in  the  council,  the  deficiency  shall  be  made  up  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.] 


o 


COMMONWEALTH   OF  MASSACHUSETTS.  25 

HI.     The  councillors,  in  the  civil  arrangements  of  the  Rank  of 
commonwealth,  shall  have  rank  next  after  the  lieutenant-  '■■"'"'""«™' 
governor. 

IV .  [Not  more  than  two  councillors  shall  be  chosen  no  district  to 
out  of  any  one  district  of  this  commonAvealth.]  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  oflfice  of  the  governor  and  lieuten-  council  to  exer. 
ant-governor  shall  be  vacant,  by  reason  of  death,  absence,  of^governoM'if 
or  otherwise,  then  the  council,  or  the  major  part  of  them,  •^a^e,  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. 

Vn.      [And  whereas  the  elections  appointed  to  be  made,  EiectionB  may 
by  this  constitution,  on  the  last  Wednesday  in  May  annu-  mutf/etT"''* 
ally,  by  the   two   houses  of  the  legislature,  may  not  be 
completed  on  that  day,  the  said  elections  maybe  adjourned 
from  day  to  day  until  the  same  shall  be  completed.     And  gupergedYdlby 
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.] 


CHAPTEE    II. 
Section  IV. 

Secretary,  Treasurer,  Commissary,  etc. 

Article  I.      [The  secretary,  treasurer    and    receiver-  Secretary,  etc., 
general,  and  the  commissary-general,  notaries  public,  and]  howch^em'* 
naval  officers,  shall  be  chosen  annually,  by  joint  ballot  of  fJ^^jP^^j^^^'^p ^« 
the  senators  and  representatives  in  one  room.     And,  that  secretary,  treaa 
the  citizens  of  this  commonwealth  may  be  assured,  from  ceiver.generai, 
time  to   time,  that  the  moneys  remaining  in  the  public  attorney-gen*" 
treasury,  upon  the  settlement  and  liquidation  of  the  pub-  reenuflru'^'^'^" 
lie  accounts,  are  their  property,  no  man  shall  be  eligible  ■^^"- 


26 


CONSTITUTION   OF   THE 


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


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


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

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

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


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


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

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


Provisions  for 

holding  probate 

courts. 

12  Gray,  147. 


CHAPTER    III. 

JUDICIARY    POWER. 

Article  I.  The  tenure,  that  all  commission  officers 
shall  by  law  have  in  their  offices,  shall  be  expressed  in 
their  respective  commissions.  All  judicial  officers,  duly 
appointed,  commissioned,  and  sw^orn,  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 


and  all- 


V.     All  causes  of  marriage,  divorce,  and  alimony,  and  ^^"ylT/^t 
all  appeals  from  the  judges  of  probate,  shall  be  heard  and  mony. 
determined  by  the  governor  and  council,  until  the  legis-  visions  made 
lature  shall,  by  law,  make  other  provision.  io5mIb8.327 


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. 
The   University. 

Article  I.     Whereas  our  wise  and  pious  ancestors,  so  Harvard 
early  as  the  year  one  thousand  six  hundred  and  thirty-six,  ^°"«s^' 
laid  the  foundation  of  Harvard  College,  in  which  univer- 
sity many  persons  of  great  eminence  have,  by  the  blessing 
of  God,  been  initiated  in  those  arts  and  sciences  which 
qualified  them  for  public  employments,  both   in   church 
and  state ;   and  whereas  the  encouragement  of  arts  and 
sciences,  and  all  good  literature,  tends  to  the  honor  of 
God,  the  advantage  of  the  Christian  religion,  and  the  great 
benefit  of  this  and  the  other  United  States  of  America, 
—  it  is  declared,  that  the  President  and  Fellows  of  powers,  privi. 
Harvard  College,   in  their    corporate    capacity,   and  {hrpresident 
their  successors  in  that  capacity,  their  officers  and  ser-  confinner' 
vants,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the 
powers,  authorities,  rights,  liberties,  privileges,  immunities, 
and  franchises,  Avhich  they  now  have,  or  are  entitled  to 


28  CONSTITUTION   OF  THE 

have,  hold,  use,  exercise,  and  enjoy  ;  and  the  same  are 
hereby  ratified  and  confirmed  unto  them,  the  said  presi- 
dent and  fellows  of  Harvard  College,  and  to  their  suc- 
cessors, and  to  their  officers  and  servants,  respectively, 
forever. 

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

etc    confirmed.  o^c?'  ■'O'  */ 

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

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

Who  shall  be     ascertain  who  shall  be  deemed  successors  to  the  said  gov- 
ernor, deputy-governor,  and  magistrates ;  it  is  declared, 
1851^224?'^^'      that  the  governor,  lieutenant-governor,  council,  and  senate 
1859* 212  ^^  ^^^^  commonwealth,  are,  and  shall  be  deemed,  their 

18651 173."  successors,  who,  with  the  president  of  Harvard  College, 

18S0    fi*^  7  7  J.  cj     ' 

'    *  for  the  time  being,  together  with  the  ministers  of  the  con- 

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

tion  reserved  to  ^         ,    ,,         ,       •    i    j  /»  ji  •  i^i      x*  i  • 

the  legislature,  vcut  tliG  legislature  ot  this  commonwealth  from  making 
such  alterations  in  the  government  of  the  said  university, 
as  shall  be  conducive  to  its  advantage,  and  the  interest 
of  the  republic  of  letters,  in  as  full  a  manner  as  might 
have  been  done  by  the  legislature  of  the  late  Province  of 
the  Massachusetts  Bay. 


COMMONWEALTH   OF  MASSACHUSETTS.  29 

CHAPTER    V. 
Section  II. 
The  Encouragement  of  Literature^  etc. 
Wisdom  and  knowledije,  as  well  as  virtue,  difJYised  ffen-  _,  .     *,   •  i 

o    '  II.  ^  .       Duty  of  lc?isla. 

erally  among'  the  body  oi  the  people,  bemg  necessary  lor  tures and luagis- 
the  preservation  of  their  rights  and  liberties ;  and  as  these  future  penotiB. 
depend  on  spreading  the  opportunities  and  advantages  of  vjsLmI^Yo'"^' 
education  in  the  various  parts  of  the  country,  and  among  fei*amcnd°°'*' 
the  ditterent  orders  of  the  people,  it  shall  be  the  duty  of  ^^'y^- ^'"'• 
legislatures  and  magistrates,  in  all  future  periods  of  this  i2Aiien, soo- 
commonwealth,  to  cherish  the  interests  of  literature  and  103  Mass.  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  tn  their  dealings  ; 
sincerity,  good  humor,  and  all  social  affections,  and  gen- 
erous sentiments,  among  the  people. 


CHAPTER  VI. 

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

Article  I.      [Any  person  chosen  governor,  lieutenant-  *^*'''''  "*"* 
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-  ^^^SStsf*"^ 
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 
officers. 


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


Oath  of  ofllce. 


Proviso. 
Bee  amend- 
mentH,  Art.  VI 


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

And  every  person  chosen  to  either  of  the  places  or 
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  othtr  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  l)ody 
of  men  hath  or  can  have  any  right  to  absolve  or  discharge 
me  from  the  obligation  of  this  oath,  declaration,  or  affir- 
mation ;  and  that  I  do  make  this  acknowledgment,  pro- 
fession, testimony,  declaration,  denial,  renunciation,  and 
abjuration,  heartily  and  truly,  according  to  the  common 
meaning  and  acceptation  of  the  foregoing  words,  without 
any  equivocation,  mental  evasion,  or  secret  reservation 
whatsoever.     So  help  me,  God."] 

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

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

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


COMMONWEALTH   OF   MASSACHUSETTS.  31 

people  called  Qiiiikcrs,  and  shall  decline  taking  the  said 
oath[s],  he  shall  make  his  atiirmation  in  the  foregoing 
form,  and  subscribe  the  same,  omitting  the  words,  ["  I  do 
sicear"  "  andabjure,"  "  oath  o?*,"  "  and  abjuration, ^^  m  the 
first  oath,  and  in  the  second  oath,  the  words]  '•'•  sivear 
cnid,''^  and  [in  each  of  them]  the  words  "  So  help  me, 
God;"  subjoining  instead  thereof,  "  TJiis  I  do  under  the 
pains  and  penalties  of  perjury. " 

And  the  said  oaths  or  affirmations  shall  be  taken  and  P^'^^^"*^ 

amrmalioDS, 

subscribed  by  the  c^overnor,  lieutenant-oovernor,  andcoun-  howadminia. 

•^  c5  _  '  o         ^  '  tered. 

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. 

11.     Ko  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" 'amendl' ''^°' 
by  this  constitution  they  are  admitted  to  hold,  saving  that  m|^t8,  Art. 
the  judges  of  the  said  court  may  hold  the  offices  of  justices 
of  tlie  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. 

Xo  person  shall  be  capable  of  holding  or  exercising  at  i^fg^^g^al^*- 
the  same  time,  within  this  state,  more  than  one  of  the 
following  offices,  viz.  :  judge  of  probate  —  sheriff — regis- 
ter of  probate  —  or  register  of  deeds ;  and  never  more 
than  any  two  offices,  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  holdino;  the  office  of  iud^e  of  the  supreme  incompatible 
judicial  court  —  secretary  —  attorney-general  —  solicitor-  For  further  pro- 
general — treasurer  or  receiver-general  — judge  of  probate  ^ncompatiwe 

—  commissary-general — [president,  professor,  or  instruct-  °UJeud'„^efitB^ 
or  of  Harvard  Collesfel  — sheriff — clerk  of  the  house  of  An.vm.   ' 

s.-l  ,  n   J        1      OfHcers  of  Har- 

representatives  —  register  of  probate  —  register  oi  deeds  vard  college 

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


32 


CONSTITUTION   OF  THE 


Incompatible 
offices. 


Bribery,  etc., 
disqualify. 


Value  of  money 
ascertained. 


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


Provisions 
respecting 
commissions. 


Provisions  re- 
specting writs. 

2  Picli.  592. 

3  Met.  58. 
13  Gray,  74. 


Continuation  o> 
former  laws, 
except,  etc. 

1  Mass.  59. 

2  Mass.  f)34. 

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


Benefit  of 
hubean  corpxm 
secured,  except, 
etc. 


same  time  have  a  seat  in  the  senate  or  house  of  represen- 
tatives ;  but  their  being  chosen  or  appointed  to,  and  accept- 
ing the  same,  shall  operate  as  a  resignation  of  their  seat  in 
the  senate  or  house  of  representatives ;  and  the  phice  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  ofiice  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 
ia  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  ofiices,  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  ofiice  in  any  of 
the  courts  of  law,  shall  be  in  the  name  of  the  Common- 
wealth of  jNIassachusetts  ;  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 
corpus  shall  l^e  enjoyed  in  this  commonwealth,  in  the  most 
free,  easy,  cheap,  expeditious,  and  ample  manner;  and 
shall  not  be  suspended  by  the  legislature,  except  upon  the 
most  urgent  and  pressing  occasions,  and  for  a  limited 
time,  not  exceeding  twelve  months. 


COMMONWEALTH  OF  MASSACHUSETTS.  33 

YIII.     The  enacting  style,  in  making  and  passing  all  The^enacting 
acts,  statutes,  and  laws,  shall  be  —  "  Be  it  enacted  by  the 
Senate  and  House  of  Representatives   in  General  Court 
assembled,  and  by  the  authority  of  the  same." 

IX.  To  the  end  there  may  be  no  failure  of  justice,  or  officers  of 
danger  arise  to  the  commonwealth  from  a  change  of  the  rne"t^con°unued 
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  enjo}'",  all  the  powers  and  authority  to  them  granted 
or  committed,  until  other  persons  shall  be  appointed  in 
their  stead ;  and  all  courts  of  law  shall  proceed  in  the 
execution  of  the  business  of  their  respective  departments  ; 
and  all  the  executive  and  legislative  officers,  bodies,  and 
powers  shall  continue  in  full  force,  in  the  enjoyment  and 
exercise  of  all  their  trusts,  employments,  and  authority; 
until  the  general  court,  and  the  supreme  and  executive 
officers  under  this  constitution,  are  designated  and  in- 
vested with  their  respective  trusts,  powers,  and  authority. 

X.  [In  order  the  more  effectually  to  adhere  to  the  provision  for 
principles  of  the  constitution,  and  to  correct  those  viola-  emmk)!.*'"''' 
tions  which  by  any  means  may  be  made  therein,  as  well  provisional  to 
as  to  form  such  alterations  as  from  experience  shall   be  geeTmMd-'*' 
found  necessary,  the  general  court  which  shall  be  in  the  mema,  Art.  ix 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety- 
live,  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  sutution.*^*"* 
shall  asseml)le  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 


Provision  for 

preserving  and 
publishing  this 
constitution. 


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


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


General  court 
empowered  to 
charter  cities. 
122  Mass.  3o4. 


Proviso. 

112  Mass.  200. 


Qualifications  of 
voters  for  gov- 
ernor, lieuten- 
ant governor, 
senators  and 
representatives. 
See  amend- 
ments. Arts. 
XXX.  and 
XXXII. 
11  Pick  538,540. 
14  Pick.  341. 
14  Mass  367. 

6  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  ol)jected  to, 
and  not  approved  l)y  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  city  gov- 
ernments, in  any  corporate  town  or  towns  in  this  com- 
monwealth, and  to  grant  to  the  inhabitants  thereof  such 
powers,  privileges,  and  immunities,  not  repugnant  to  the 
constitution,  as  the  general  court  shall  deem  necessary 
or  expedient  for  the  regulation  and  government  thereof, 
and  to  prescribe  the  manner  of  calling  and  holding  public 
meetings  of  the  inhabitants,  in  wards  or  otherwise,  for 
the  election  of  ofiicers  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  \vithin  the  town  or  district  in  which 
he  may  claim  a  right  to  vote,  six  calendar  months  next 
preceding  any  election  of  governor,  lieutenant-governor, 
senators,  or  representatives,  [and  who  shall  have  paid,  by 
himself,  or  his  parent,  master,  or  guardian,  any  state  or 
county  tax,  which  shall,  within  two  years  next  preceding 


COMMONWEALTH   OF   MASSACHUSETTS.  35 

such  election,  have  been  assessed  upon  him,  in  any  town  For  educational 
or  district  of  this  commonwealth  ;  and  also  every  citizen  see  amTnd'"' 
who  shall  be,  by  law,  exempted  from  taxation,  and  who  FoTp^o'^fsi'o^as 
shall  be,  in  all  other  respects,  qualified  as  above  mentioned,]  h°ave'!fe^r7ed''in 
shall  have  a  rio:ht  to  vote  in  such  election  of  orovernor,  the  army  or 

,.■-  ,  .^'   navy  ID  time  of 

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

xxxr 

See  also  amendments,  Art.  XXIII.,  which  was  annulled  by  amendments.  Art.  XXVI.     "^-^'^*" 

Akt.  IV.     Notaries  public  shall  be  appointed  by  the  Notaries  public, 
governor  in  the  same  manner  as  judicial  officers  are  ap-  inlre^oved?* 
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 
mon wealth  shall  become  vacant  from  any  cause,  during  "i^y  a*nd^t?eas^" 
the  recess  of  the  general  court,  the  governor,  with  the  ThTs  clause "*"*■ 
advice  and  consent  of  the  council,   shall   nominate   and  ^'^p«'"^«'«Jed  by 

.     ,  T  1  ij-  1  •■,-,■,        amendments, 

appoint,  under  such  regulations  as  may  be  prescribed  by  Art.xvn. 
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  generai^mJrbe 
require  the  appointment  of  a  commissary-g-eneral,  he  shall  appointed,  in 

^^  C^86    etc 

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

All  officers  commissioned  to  command  in  the  militia  Miiuia  officers, 
may  be  removed  from  office  in  such  manner  as  the  legis-  ^°'^  "moved. 
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-  subarterns".^ ''"'^ 
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'aiufflcers^" 
by  the  constitution,  the  following  oath  shall  be  taken  and  ^^''yj^^Vrt  t 
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-  pi'o^'so-  Q"*- 
nation  called  Quakers,  and  shall  decline  taking  said  oath, 


Tests  abolished. 


36  CONSTITUTION  OF  THE 

lie  shall  make  his  affirmation  in  the  foregoing  form,  omit- 
ting the  word  "  swear"  and  inserting,  instead  thereof,  the 
word  "affirm,"  and  omitting  the  words  "  So  help  me,  God," 
and  subjoining,  instead  thereof,  the  words,  "This  I  do 
under  the  pains  and  penalties  of  perjury." 

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  perform  the  duties  of  their  respective  offices, 
of  oS?^""^  Art.  VIII.  No  judge  of  any  court  of  this  common- 
600.^^^'**^'  wealth,  (except  the  court  of  sessions,)  and  no  person 
123  Mass.  535.  holdiug  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,  sherift',  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  ot 
this  commonwealth,  the  office  of  justice  of  the  peace  and 
militia  offices  excepted. 
^Mwmion'^^°  Art.  IX.  If,  at  any  time  hereafter,  any  specific  and 
how  made. '  particular  amendment  or  amendments  to  the  constitution 
be  proposed  in  the  general  court,  and  agreed  to  by  a  ma- 
jority of  the  senators  and  two-thirds  of  the  members  of 
the  house  of  representatives  present  and  voting  thereon, 
such  proposed  amendment  or  amendments  shall  be  entered 
on  the  journals  of  the  two  houses,  with  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  general  court  then  next 
to  be  chosen,  and  shall  be  published  ;  and  if,  in  the  general 
court  next  chosen  as  aforesaid,  such  proposed  amendment 
or  amendments  shall  be  agreed  to  by  a  majority  of  the 
senators  and  two-thirds  of  the  members  of  the  house  of 
representatives  present  and  voting  thereon,  then  it  shall 
be  the  duty  of  the  general  court  to  submit  such  proposed 
amendment  or  amendments  to  the  people  ;  and  if  they 
shall  be  approved  and  ratified  by  a  majority  of  the  quali- 


COMMONWEALTH   OF  MASSACHUSETTS.  37 

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

Art.  X.  The  political  year  shall  begin  on  the  first  of°™uucai"ea°/ 
Wednesday  of  January,  instead  of  the  last  Wednesday  of 
May ;  and  the  general  court  shall  assemble  every  year  on 
the  said  first  Wednesday  of  January,  and  shall  proceed,  at 
that  session,  to  make  all  the  elections,  and  do  all  the  other 
acts,  which  are  by  the  constitution  required  to  be  made  and 
done  at  the  session  which  has  heretofore  commenced  on  the 
last  Wednesday  of  May.  And  the  general  court  shall  be  andterminatiou. 
dissolved  on  the  day  next  preceding  the  first  Wednesday 
of  January,  without  an}'"  proclamation  or  other  act  of  the 
governor.  But  nothing  herein  contained  shall  prevent 
the  general  court  from  assembling  at  such  other  times  as 
they  shall  judge  necessary,  or  when  called  together  by  the 
governor.  The  governor,  lieutenant-governor  and  coun- 
cillors, shall  also  hold  their  respective  offices  for  one  year 
next  following  the  first  AVednesday  of  January,  and  until 
others  are  chosen  and  qualified  in  their  stead. 

FThe   meetins:  for  the  choice  of  governor,  lieutenant- ^J^^ungs  for  the 

L  ~  .~  1111111  choice  of  gov. 

governor,  senators,  and  representatives,  shall  be  held  on  emor. ueuten. 
the  second  jNIonday  of  November  in  every  year  ;  but  meet-  etc.fwhen  to  be 
ings  may  be  adjourned,   if  necessary,  for  the  choice  ofThfs'ciauBo 
representatives,  to  the  next  day,  and  again  to  the  next  am^en^me^nts^ 
succeeding  day,  but  no  further.     But  in  case  a  second -^r'- ^v. 
meeting  shall  be  necessary  for  the  choice  of  representa- 
tives, such  meetino-s  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^^^^'^^^^^''' 
October,  next  following  the  day  when  the  same  shall  be  "on. 
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 


itconeistent 

provisions 

anuulled. 


Religious 
freedom 
establislied. 
See  Dec.  of 
Rights,  Art. 
UI. 


122  Mass.  40,  41. 


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


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

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

Art.  XI.  Instead  of  the  third  article  of  the  bill  of 
rio;hts,  the  folio wi no;  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  un incorporate, 
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  lial)le  for  any 
grant  or  contract  which  may  be  thereafter  made,  or  entered 
into  by  such  society ;  and  all  religious  sects  and  denomi- 
nations, demeaning  themselves  peaceably,  and  as  good  citi- 
zens of  the  commonwealth,  shall  be  equally  under  the 
protection  of  the  law  ;  and  no  subordination  of  any  one 
sect  or  denomination  to  another  shall  ever  be  established 
by  law." 

Art.  XII.  [In  order  to  provide  for  a  representation 
of  the  citizens  of  this  commonwealth,  founded  upon  the 
principles  of  equality,  a  census  of  the  ratable  polls,  in  each 
city,  town,  and  district  of  the  commonwealth,  on  the  first 
day  of  May,  shall  be  taken  and  returned  into  the  secre- 
tary's office,  in  such  manner  as  the  legislature  shall  pro- 
vide,  within  the  month  of  IMay,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-seven,  and  in  every 
tenth  year  thereafter,  in  the  month  of  jNIay,  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  [TaWe  pons, 
polls,  at  the  last  preceding  decennial  census  of  polls,  shall  how  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  Fractions,  how 
one  or  more  representatives,  with  any  number  of  polls 
beyond  the  necessary  number,  may  be  represented,  as  to 
that  surplus  number,  by  multiplying  such  surplus  number 
by  ten  and  dividing  the  product  by  four  hundred  and  fifty  ; 
and  such  city  or  town  may  elect  one  additional  represen- 
tative as  many  years,  within  the  ten  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  8e°ntativl°di8'''^" 
at  a  legal  meeting,  in  each  of  said  towns  and  districts,  ''"'^'** 
respectively,  called  for  that  purpose,  and  held  previous  to 
the  first  day  of  July,  in  the  year  in  which  the  decennial 
census  of  polls  shall  be  taken,  form  themselves  into  a  rep- 
resentative district  to  continue    until  the  next  decennial 
census  of  polls,  for  the  election  of  a  representative,  or  rep- 
resentatives ;  and  such  district  shall  have  all  the  rights,  in 
regard  to  representation,  which  would  belong  to  a  town 
containing  the  same  number  of  ratable  polls. 

The  governor  and  council  shall  ascertain  and  determine.  The  governor 
within  the  months  of  July  and  August,  in  the  year  of  our  d"te?m'ine'the 
Lord  one  thousand  eight  hundred  and  thirty-seven,  accord-  res^ntltiveJ^to* 
ing  to  the  foregoing  principles,  the  number  of  representa-  ^^n^'ia^^eutuied 
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  Clfc"  in  ev^e^"  ^ 
number  of  ratable  polls  in  each  decennial  census  of  polls,  *^"y«*"- 
shall  determine  the  number  of  representatives,  which  each 
city,  town  and  representative  district  may  elect  as  afore- 
said ;  and  when  the  number  of  representatives  to  be  elected 


40 


CONSTITUTION  OF  THE 


Inconsisteut 

pro\'i8ion8 

annulled. 


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

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


House  of  repre- 
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,  the  governor  shall  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  oflice,  on  or  before  the  last 
day  of  June,  of  the  year  one  thousand  eight  hundred  and 
forty,  and  of  every  tenth  year  thereafter;  which  census 
shall  determine  the  apportionment  of  senators  and  repre- 
sentatives for  the  term  of  ten  years.  122  Mass.  595. 

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

The  meml:>ers  of  the  house  of  representatives  shall  be 
apportioned  in  the  following  manner :  Every  town  or  city 
containing  twelve  hundred  inhabitants  may  elect  one  rep- 
resentative ;  and  two  thousand  four  hundred  inhabitants 
shall  be  the  mean  increasing  number,  which  shall  entitle 
it  to  an  additional  representative. 

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

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

shall  be  increased,  respectively,  by  one-tenth  of  the  num- 
bers above  mentioned,  whenever  the  population  of  the 
commonwealth  shall  have  increased  to  seven  hundred  and 
seventy  thousand,  and  for  every  additional  increase  of 
seventy  thousand  inhabitants,  the  same  addition  of  one- 
tenth  shall  be  made,  respectively,  to  the  said  numbers 
above  mentioned. 

In  the  year  of  each  decennial  census,  the  governor  and  Thegoveraor 

•11111P  in  1  CO  1  '         and  council  to 

council  shall,  betore  the  iirst  day  or  September,  apportion  apportion  the 
the  number  of  representatives  which  each  city,  town,  and  re"?nt1iuverof 
representative  district  is  entitled  to  elect,  and  ascertain  I'never/t'en"''^ 
how  many  years,  within  ten  years,  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  first  Wednesday  of  January,  theVopL  aT™ 
or  as  soon  thereafter  as  may  be,  by  the  joint  ballot  of  the  prlvisionsas  to 
senators  and  representatives,  assembled  in  one  room,  who  g°perledldby 
shall,  as  soon  as  may  be,  in  like  manner,  fill  up  any  vacan-  amendments, 
cies  that  may  happen  in  the  council,  by  death,  resignation, 
or  otherwise.     No  person  shall  be  elected  a  councillor,  who  QuaimcatioDBof 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  ^°'^'*"  °"' 
term   of  five   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  qua?mc'ation*for 
be  required  as  a  qualification  for  holding  a  seat  in  either  a  seat  in  general 

,         -.    ,  ■"        ,  •         1  j»  •!  court  or  council 

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

Art.  XIV.     In  all  elections  of  civil  officers  by  the  peo-  Elections  by  the 
pie  of  this  commonwealth,  whose  election  is  provided  for  pl^ur^aiuy  o/ ^^ 
by  the  constitution,  the  person  having  the  highest  numl)er  ^°"^^* 
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  ernor°a"nd  ifgL 
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, 


Legislature  to 
district  state. 


Eliglbriity 
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  be  annually  chosen 
by  the  inhabitants  of  this  commonwealth,  qualified  to  vote 
for  o:overnor.  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 
thereafter  wards,  shall  divide  the  commonwealth  into  eight 
districts  of  contiguous  territory,  each  containing  a  number 
of  inhabitants  as  uearl}^  equal  as  practicable,  without  divid- 
ing any  town  or  ward  of  a  city,  and  each  entitled  to  elect 
one  councillor  '.provided,  hoivever,  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  Wednesday  in 
January  he  shall  issue  his  summons  to  such  persons  as 
appear  to  be  chosen,  to  attend  on  that  day  to  be  qualified 
accordingly  ;  and  the  secretary  shall  lay  the  returns  before 
the  senate  and  house  of  representatives  on  the  said  first 
Wednesday  in  January,  to  be  ])y  them  examined ;  and  in 
case  of  the  election  of  either  of  said  officers,  the  choice 
shall  be  by  them  declared  and  pui)lished  ;  but  in  case 
there  shall  be  no  election  of  either  of  said  officers,  the 
legislature    shall    proceed   to   fill    such  vacancies  in   the 


COMMONWEALTH  OF  MASSACHUSETTS.  43 

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

Art.  XVII.     The  secretary,   treasurer   and   receiver- Eiectiou  of 

1  Ti  t        j.1.  11111-1  secretary,  treas- 

gcncnil,   auditor,   and  attorney-general,   shall    be  chosen  «rer, auditor, 
annually,  on  the  day  in   November   prescribed   for   the  generarbyThe 
choice  of  governor;  and  each  person  then  chosen  as  such,  people. 
duly  qualified  in  other  respects,  shall  hold   his  office  for 
the  term  of  one  year  from  the  third  Wednesday  in  Jan- 
uary next   thereafter,  and  until   another   is   chosen   and 
qualified   in   his  stead.     The  qualification  of  the  voters, 
the  manner  of  the  election,  the  return   of  the  votes,  and 
the  declaration  of  the  election,  shall  be  such  as  are  required 
in  the  election  of  o-overnor.     In  case  of  a  failure  to  elect  y.teancies,  how 
either  of  said  officers  on  the  day  in  November  aforesaid, 
or  in  case  of  the  decease,  in  the  mean  time,  of  the  person 
elected  as  such,  such  officer  shall  be  chosen  on  or  before 
the  third  Wednesday  in   January  next   thereafter,  from 
the  two  persons  who  had  the  highest  number  of  votes  for 
said  offices  on  the  day  in  November  aforesaid,  by  joint 
ballot  of  the  senators  and  representatives,  in  one  room ; 
and  in  case  the  office  of  secretary,  or  treasurer  and  receiver- 
general,  or  auditor,  or  attorney-general,  shall  become  va- 
cant, from  any  cause,  during  an  annual  or  special  session 
of  the  general  court,  such  vacancy  shall  in  like  manner 
be  filled  by  choice  from  the  people  at  large  ;  but  if  such 
vacancy  shall  occur  at  any  other  time,  it  shall  be  supplied 
by  the  governor  by  appointment,  with  the  advice  and  con- 
sent of  the  council.     The  person  so  chosen  or  appointed, 
duly  qualified  in  other  respects,  shall  hold  his  office  until 
his  successor  is  chosen  and  duly  qualified  in  his  stead. 
In  case  any  person  chosen  or  appointed  to  either  of  the  To  qualify  with 
'offices  aforesaid,  shall  neglect,  for  the  space  of  ten  days  o°her°wiBroffice 
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 

iiiii  1  •ii'j.     requisite. 

either  of  said  offices  unless  he  shall  have  been  an  inhabit- 
ant of  this  commonwealth  five  years  next  preceding  his 
election  or  appointment. 

AiiT.  XVIII.  All  moneys  raised  by  taxation  in  the  schooimoneys 
towns  and  cities  for  the  support  of  public  schools,  and  piied  for secta- 
all  moneys  which  may  be  appropriated  by  the  state  for  ForoHg^naV 
the  support  of  common  schools,  shall  be  applied  to,  and  PSSe"/"* 
expended  in,  no  other  schools  than  those  which  are  con-  ^7/j'i^|i.'g\°°|rt. 
ducted  according  to  law,  under  the  order  and  superintend-  iii. 


44 


COXSTITUTION  OF  THE 


12  Allen,  .100, 

508. 

103  Maes.  94,  96. 


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

See  amend- 
ments. 

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

Readingconsti- 
tution  in  English 
and  writing, 
necessary  quail- 
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.  8.  c.  31. 


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


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

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

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

Art.  XX.  No  person  shall  have  the  right  to  vote,  or 
be  eligible  to  office  under  the  constitution  of  this  common- 
wealth, who  shall  not  be  able  to  read  the  constitution  in 
the  English  language,  and  write  his  name  : provided ^  lioW' 
evei\  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  noAV 
has  the  right  to  vote,  nor  to  any  persons  who  shall  be 
sixty  years  of  age  or  upwards  at  the  time  this  amendment 
shall  take  efiect. 

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  fiftj'-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enumer- 
ation shall  be  made  of  the  legal  voters  ;  and  in  each  city, 
said  enumeration  shall  specify  the  number  of  such  legal 
voters  aforesaid,  residing  in  each  ward  of  such  city.  The 
enumeration  aforesaid  shall  determine  the  apportionment 
of  representatives  for  the  periods  between  the  taking  of 
the  census. 

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


COMIMONWEALTH  OF  IVIASSACHUSETTS.  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^o^"^^ 

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  Suffolk, 

such  board  of  special  commissioners  in  each  county,  to 

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

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

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

.  _  .      *'  ~  diviBion  to  be 

assignment  oi  representatives  to  each  county,  assemble  at  first  Tuesday 
a  shire  town  of  their  respective  counties,  and  proceed,  as  proceediugs. 
soon  as  may  be,  to  divide  the  same  into  representative 
districts  of  contiguous  territory,  so  as  to  apportion  the 
representation  assigned  to  each  county  equally,  as  nearly 
as  may  be,  according  to  the  relative  number  of  legal  voters 
in  the  several  districts  of  each  county  ;  and  such  districts 
shall  be  so  formed  that  no  town  or  ward  of  a  city  shall 
be  divided  therefor,  nor  shall  any  district  be  made  which 
shall  be  entitled  to  elect  more  than  three  representatives. 
Every  representative,  for  one  year  at  least  next  preceding  Qualifications  of 
his  election,  shall  have  been  an  inhabitant  of  the  district  1122 mms.  595^' 
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  bo 
numbered  l)y  the  board  creating  the  same,  and  a  descrip-  de"ribe^d^knd 
tion  of  each,  wuth  the  numbers  thereof  and  the  number  of^^^^^^^^' 
legal  voters  therein,  shall  be  returned  by  the  board,  to  the 
secretary  of  the  commonwealth,  the  county  treasurer  of 
each  county,  and  to  the  clerk  of  every  town  in  each  dis- 
trict, to  be  filed  and  kept  in  their  respective  offices.     The 
manner   of  calling  and  conducting  the  meetings  for  the 
choice  of  representatives,  and  of  ascertaining  their  elec- 
tion, shall    be  prescribed  by  law.       [NQt   less  than  one  Quorum,  see 

1  11  1  /.ii  /»  j_    A.'  VII    amendments, 

hundred  members  of  the  house  of    representatives  shall  Art.  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- 
tionraeut  of 
seuutors. 


Senate  to  consist 
of  forty  mem- 
bers. 


Senatorial 
districts,  etc. 


See  amend- 
ments, Art. 
XXIV. 


Qnalificationa 
of  fienalors. 


Quorum,  see 
amendments. 
Art.  XXXIII. 


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


Vacancies  In  the 
senate. 


Vacancies  in  the 
council. 


thousand  eight  hundred  and  fifty-seven ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enu- 
meration shall  be  made  of  the  legal  voters,  and  in  each 
city  said  enumeration  shall  specify  the  number  of  such 
legal  voters  aforesaid,  residing  in  each  ward  of  such  city. 
The  enumeration  aforesaid  shall  determine  the  apportion- 
ment of  senators  for  the  periods  between  the  taking  of  the 
census.  The  senate  shall  consist  of  forty  members.  The 
general  court  shall,  at  its  first  session  after  each  next  pre- 
ceding special  enumeration,  divide  the  commonwealth  into 
forty  districts  of  adjacent  territory,  each  district  to  contain, 
as  nearly  as  may  be,  an  equal  number  of  legal  voters,  ac- 
cording to  the  enumeration  aforesaid  :  jirovided^  Jioivever^ 
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  inliabitant  of  this  com- 
monwealth five  years  at  least  immediately  preceding  his 
election,  and  at  the  time  of  his  election  shall  be  an  inhal)- 
itant  of  the  district  for  which  he  is  chosen;  and  he  shall 
cease  to  represent  such  senatorial  district  when  he  shall 
cease  to  be  an  inhabitant  of  the  commonwealth.  [Not  less 
than  sixteen  senators  shall  constitute  a  quorum  for  doing 
business ;  but  a  less  number  may  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members.] 

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

Art.  XXVI.  The  twenty-third  article  of  the  articles  Twenty-third 
of  amendment  of  the  constitution  of  this  comimon wealth,  mentsannuried. 
which  is  as  follows,  to  wit :  "  No  person  of  foreign  birth 
shall  be  entitled  to  vote,  or  shall  be  eligible  to  office,  unless 
he  shall  have  resided  within  the  jurisdiction  of  the  United 
States  for  two  years  subsequent  to  his  naturalization,  and 
shall  be  otherwise  qualified,  according  to  the  constitution 
and  laws  of  this  commonwealth  :  2^^'ovided,  that  this  amend- 
ment shall  not  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.  XXVn.     So  much  of  article  two  of  chapter  six  Provisions  of 
of  the  constitution    of  this  commonwealth  as  relates  to  vi',"  reiatingTo 
persons   holding   the    office    of  president,    professor,    or  v?rd"onlg^!"^" 
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- 
ins:  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  J'^°^\Xd  b/^" 
elections  for  governor,  lieutenant-governor,  senators,  and  reason  of  change 
representatives,  shall,  by  reason  of  a  change  of  residence  °nt?uix  month* 
within  the  Commonwealth,  be  disqualified  from  voting  for  {["Zv^^.""^ 
said  officers  in  the  city  or  town  from  which  he  has  removed 
his  residence,  until  the  expiration  of  six  calendar  months 
from  the  time  of  such  removal. 


48 


CONSTITUTION  OF  THE 


Amendments 
Art.  XXVIII. 
amended. 


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


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


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


Provieions  of 
Art.  II.,  §  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 
bouse,  annulled. 


Art.  XXXI.  Article  twentj^-eigbt  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  :  —  receivinir  or  havino: 
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,  which  shall,  within  two  years  next  preceding 
such  election,  have  been  assessed  upon  him,  in  any  town 
or  district  of  this  Commonwealth  ;  and  also  every  citizen 
who  shall  be,  by  law,  exempted  from  taxation,  and  who 
shall  be,  in  all  other  respects,  qualified  as  above  men- 
tioned ",  is  hereby  annulled. 

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

Art.  XXXIV.  So  much  of  article  two  of  section  one 
of  chapter  two  of  part  the  second  of  the  Constitution  of 
the  Commonwealth  as  is  contained  in  the  following  words  : 
"  and  unless  he  shall  at  the  same  time,  be  seized  in  his 
own  right,  of  a  freehold  within  the  Commonwealth  of  the 
value  of  one  thousand  pounds ;  "  is  herel)y  annulled. 

Art.  XXXV.  So  much  of  article  two  of  section  three 
of  cha})tcr  one  of  the  Constitution  of  the  Commonwealth 
as  is  contained  in  the  following  words  :  "  The  expenses  of 
travelling  to  the  general  assembly,  and  returning  home, 
once  in  every  session,  and  no  more,  shall  be  paid  by  the 
government,  out  of  the  public  treasury,  to  every  member 
who  shall  attend  as  seasonal)Iy  as  he  can,  in  the  judgment 
of  the  house,  and  does  not  depart  without  leave.",  is 
hereby  annulled. 


COMMONWEALTH  OF  MASSACHUSETTS.  49 

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

The  constitution  of  Massachusetts  was  agreed  upon  by  delegates 
of  the  people,  in  convention,  begun  and  held  at  Cambridge,  on  the 
first  day  of  September,  1779,  and  continued  by  adjournments  to  the 
second  day  of  March,  1780,  when  the  convention  adjourned  to  meet 
on  the  first  Wednesday  of  the  ensuing  Jmie.  In  the  mean  time  the 
constitution  was  submitted  to  the  peojile,  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  anj'  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  j^oliti- 
cal  years  1839  and  1840,  resijectively,  and  was  approved  and  ratified 
by  the  people  the  sixth  day  of  April,  1840. 

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

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

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


50  CONSTITUTION   OF   MASSACHUSETTS. 

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

The  twenty-fourth  and  twenty-fifth  Articles  were  adopted  by  the 
legislatures  of  the  political  years  1859  and  18G0,  and  ratified  by  the 
people  on  the  seventh  day  of  May,  1860. 

The  twenty-sixth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1862  and  I860,  and  ratified  by  the  people  on  the  sixth 
day  of  April,  1863. 

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

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

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

The  thirtieth  and  thirty-first  Articles  were  adopted  by  the  legis- 
latures of  the  political  years  1889  and  1890,  and  were  approved  and 
ratified  by  the  people  on  the  fourth  day  of  November,  1890. 

The  thirtj'^-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  Ai*ticle  was  adopted  by  the  legislatures  of  the 
political  years  1892  and  1893,  and  was  approved  and  ratified  by  the 
people  on  the  seventh  day  of  November,  1893. 

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


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

[Proposed  Articles  of  Amendment,  (I)  Establishing  biennial 
elections  of  state  oflScers,  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.] 


IKDEX  TO  THE  CONSTITUTION. 


A. 

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

removed  by  governor  with  consent  of  council  upon,  26 

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  Qualiers,  30, 31, 35 

Agriculture,  arts,  commerce,  etc.,  to  be  encouraged 29 

Alimony,  divorce,  etc., 27 

Amendment  to  the  constitution,  proposed  in  the  general  court, 
agi'eed  to  by  a  majority  of  senators  and  two-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  tlie  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, 2i 

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

Apportionment  of  senators, 13 

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

districts,       

Apportionment  of  representatives, IG,  39 

to  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, 

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

election  determined  by  legislature, 

in  failure  of  election  by  the  voters,  or  in  case  of  decease  of 
person  elected,  vacancy  to  be  tilled  by  joint  ballot  of  legis 
lature  from  the  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 

43 


52 


INDEX  TO   THE   CONSTITUTION. 


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

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

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

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 

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

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

election  determined  by  legislature,     . 

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

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

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 
to  be  qualified  within  ten  days, 


Page 


43 
43 
43 

43 

44 
43 

43 
43 

43 

43 
43 


B. 

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

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

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

to  have  force  of  law  if  signed  by  governor, 

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

branch  in  which  originated,  and  may  be  passed  by  two 

thirds  of  each  branch  present  and  voting  thereon  by  yeas 

and  nays, 

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

before  that  time  expires, 

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

Body  politic,  formation  and  nature  of, 

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


9 
17 
10 

10 


10 


11,34 
22 

3 

10 

32 


c. 

Census  of  ratable  polls, 38 

of  inhabitants, 40,  44,  45 

of  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  oflBcers,  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  pluraUty  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  laAVS,   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;  entered 
upon  the  journals  of  both  houses,  and  referred  to  the  next 
general  court;  if  the  next  general  court  agrees  to  the 
proposition  in  the  same  manner  and  to  the  same  effect,  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, 25 


54  INDEX   TO   THE    CONSTITUTION. 

Page 

Council,  no  property  qualification  required,         .....  41 
eight  districts  to  be  formed,  eacli  composed  of  live  coutiguous 

senatorial  districts, 42 

eligible  to  election  if  an  inhabitaut  of  state  for  live  years  pre- 
ceding election, 42 

term  of  office, 37 

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

council, 46,  47 

Court,  superior,  judges  not  to  hold  certain  other  offices,     ...  36 
Com*t,  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  (piestions  of  law,  etc.,  when 
required  by  either  branch  of  tlie  legislature  or  by  the 

governor  and  council, 26 

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

Courts,  probate,  provisions  for  holding, 26 

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

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

may  administer  oatlis  or  affirmations,          .        .        .        .  11 

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

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

D. 

Debate,  freedom  of,  in  the  legislature 8 

Declaration  of  the  rights  of  the  inhabitants 4 

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

Delegates  to  congress, 27 

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

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

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 


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

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

on  foiu'th  Monday  in  November, 41 

13,  42 
33 


Election  returns, 

Enacting  style  of  laws,  established, 

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

general  court  or  council, 41 

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

recommended, 8 

G. 

General  court,  to  assemble  frequentlj"  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  sliall  judge  necessary,  and  when- 
ever called  by  the  governor  witli  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, 11 

may  provide  for  the  election  or  appointment  of  ofiicers,  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,       .         .16,48 
may  be  adjourned  or  prorogued,  upon  its  request,  bj'  the  gov- 
ernor with  advice  of  council, 19 

session  may  be  directed  by  governor,  witli  advice  of  council, 
to  be  held  in  other  than  tiie  usual  place  in  case  of  an  iufec- 
lious  distemper  prevailing,  19,  20 


56 


INDEX   TO   THE   CONSTITUTION. 


I  aire 

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

to  office, 32 

certain  officers  not  to  have  seats  in, 31 

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

houses  disagree,  etc., 20 

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

empowered  to  charter  cities, 34 

to  determine  election  of  governor,  lieutenant-governor  and 

councillors, 41,  42 

to  prescribe  bylaw  for  election  of  sherifl's,  registers  of  probate 
and  commissioners  of  insolvency  l)y  the  people  of  tlie 
counties,   and  district  attorneys    by  the  people  of    the 

districts, 44 

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

Government,  objects  of, 3,  5,  6 

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

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

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

qualifications,      .         .        • 18,  36,  48 

term  of  office, 37 

should  have  an  honorable  stated  salary, 23 

the  commander-in-cliief ,  of  the  armj^  and  navy,  but  may  not 

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

to  appoint  the  adjutant-general, 22 

may  call  together  the  councillors  at  anj^  time,  ....         19 

not  to  hold  certain  other  offices, 31 

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

to  sign  all  commissions, 32 

election  determined  by  the  legislature, 42,  43 

veto  power, 10 

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

vacancy  in  office  of  governor  and  lieutenant-governor,  powers 

to  be  exercised  bj'  tlie  council,    ......        25 

Avith  advice  of  council,  may  adjourn  or  prorogue  the  legisla- 
ture upon  request,  and  convene  tlie  same,  ....         19 

may  adjourn  or  prorogue  the  legislature  for  not  exceeding 
ninety  days  wlien  liouses  disagree,  or  niaj'  direct  session 
to  be  held  in  other  tlian  the  usual  place  in  case  of  an  in- 
fectious distemper  prevailing, 19 

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


INDEX   TO   THE   CONSTITUTION. 


57 


Page 

Governor,  to  appoint  ofllcers  of  the  continental  army,  ...  22 
may  pardon  oflences,  but  not  before  conviction,  ...  21 
may  All  vacancy  in  council  occurring  wlien  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  punisli  persons  guilty  of  disrespect,  etc.,  by  imprison- 
ment not  exceeding  thirty  daj-s, 17   18 

quoiiim  to  consist  of  governor  and  at  least  Ave  members  of 

the  coimcil, 19 

may  require  the  attendance  of  tlie  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,  grants  and  convey- 
ances confirmed, 27,  28 

board  of  overseers  established,  but  the  government  of  the 

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

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

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

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

a  representation  of  tlie  people  annually  elected  and  founded 

upon  the  principle  of  equalitj^ 16 

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

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

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

large  upon  records, 10 

qualifications  of  members, 17,41,45 

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

an  inhabitant  of  the  state, 45 

members  not  to  be  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  bills,  but  the  senate  may  propose  or 

concur  Avitli  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  punisli  by  imprisonment,  not  exceeding  thirtj'  days,  per- 
sons guilt}'  of  disrespect,  etc. ;  trial  may  be  by  committee,  17,  18 


58  INDEX  TO   THE   CONSTITUTION. 

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

may  require  tlie  atteudance  of  secretary  of  tlie  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  tlie  Tuesday  next  after  the 

lirst  Monday  of  November, 41 

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

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  ten'itory,  but  no  town  or  ward  of  a  city  to 
be  divided, 45 

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

board  authorized  to  divide  county  into  districts,  to  be  certi- 
fied to  by  the  secretary,  the  number  of  representatives  to 
which  tlie  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, 13,  16 

Incompatible  offices, 31,  36 

"  Inhabitant,"  the  word  defined, 13 

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

Insolvencjs  commissioners  of,  elected  by  the  people  of  the  several 

.  counties ;  annulled, 44,  49 

Instruction  of  representatives, 6 

J. 

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

standmg  laws, 9,  23,  26 

to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  by  the  governor  and  council,  or  either  branch  of 

legislature, 2G 

not  to  hold  certain  other  offices, 31 

Judicatories  and  courts,  may  ha  estabhshed  by  the  general  court,      .        11 

may  administer  oaths  or  adirmations, 11 

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


INDEX   TO   THE   CONSTITUTION.  n9 

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

to  hold  oflice  during  good  behavior,  except  when  otherwise 

provided  by  the  constitution, 26 

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

of  both  liouses  of  the  legislature, 26 

Jury,  trial  by,  right  secured, 7 

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

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


L. 

Law-martial,  only  those  employed  in  the  army  and  navy,  and  the 
militia  in  actual  service,  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,  prohibited  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  depai'tment,  not  to  exercise  executive  or  judicial  powers,  9 

Legislatmre  (see  General  Court). 

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

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

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

41,  48 
in  the  absence  of  governor,  to  be  president  of  the  council,  .  24 
to  be  acting  governor  when  the  chair  of  the  governor  is 

vacant, 24 

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

of  both  houses, 31 

not  to  hold  certain  other  oflSces, 31 

term  of  oflice, 37 

Literature  and  the  sciences  to  be  encouraged, 29 

M. 

Magistrates  and  ofllcers,  accountable  to  the  people,    ....  5 
Magistrates  and  comts,  not  to  demand  excessive  bail,  impose  exces- 
sive fines,  ©r  inflict  cruel  punishments,        ....  9 
Major-generals,  elected  by  senate  and  house  of  representatives  by 

concurrent  vote, 21 

may  appomt  their  aids, 22 


60  INDEX   TO   THE   CONSTITUTION. 

Page 

MaiTiage,  divorce  and  alimony, 27 

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

legislature, 9 

Military  power,  subordinate  to  civil  authority, 8 

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

limits  of  the  state, 21 

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

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

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

brigadiers,  elected  by  field  officers, 21 

major-generals,  elected  by  senate  and  house  of  representatives 

by  concurrent  vote, 21 

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

may  appoint  officers, 22 

ofllcers  commissioned  to  command  may  be  removed  as  may 

be  prescribed  by  law, 22,  35 

appointment  of  stafi"  officers, 22 

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

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

shillings  and  eightpence  per  ounce, 32 

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

to  be  applied  for  support  of  sectarian  sckools,  ...  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 

Ofl'ences  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  thej'  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 

of 11 

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

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

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

Officers  of  former  government,  continued, 33 

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

removal  of, 22,  85 

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

Organization  of  the  militia, 22 


P. 

Pardon  of  offences,  governor  with  advice  of  council  maj'^  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 


02  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  Iiaving  the  prescribed  qualifications  equally  eli- 
gible,     6 

Public  notary  (see  Notary  public). 

Public  religious  worship,  riglit  and  duty  of, 4 

Punishments,  cruel  and  unusual,  not  to  be  inflicted,   ....  9 


Q. 


Quakers,  may  make  affirmation 31,35 

Qualification  of  persons  to  be  elected  to  office  may  be  increased  by 

the  legislature, 32 

Qualification,  property,  of  governor,  abolished,  ....        48 

Qualification,  property,  partially  abolished, 41 

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

of  governor, 18,43,48 

of  lieutenant-governor, 23,  43,  48 

of  councillors, 41,  43 

of  senators, 15,  40,  46 

of  representatives, 16,  41,  45 

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

Quartermasters,  appointed  by  commanding  officers  of  regiments,      .         22 

Quorum,  of  council, 19,  24,  42 

of  senate, 16,  46,  48 

of  house  of  representatives, 17,45,48 

R. 

Ratable  polls,  census  of, 38 

Reading  and  writing,   knowledge  of,   necessary  qualifications   for 


voting  or  holding  office, 

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

tary,     

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

signed  by  members  present, 

Registers  of  probate,  chosen  by  the  people  of  the  several  counties. 
Religious  denominations,  equal  protection  secured  to  all,  . 
Religious  sect  or  denomination,  no  subordination  of  one  to  another 

to  be  established  by  law, 

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


44 

26 

25 
21,  44 

5,  38 

5,38 

5,88 

38 


INDEX   TO   THE   CONSTITUTION.  63 

Pago 
Keligious  worship,  public,  riglit  aiicl  duty  of,  aucl  protection  therein,  4 

support  of  the  ministry,  aucl  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  Kepresentatives). 
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  hii  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  sufficient, 9,  23 

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

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

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

inNovembei,        .         .         .         • 25,43 

to  hold  office  for  one  j'ear  from  third  Wednesday  in  Januaiy 

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  pei'son 
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 

vacancj'  occurring  when  legislature  is  not  in  session,  to  be  filled 
by  governor,  bj'  appointment,  Avitli  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  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 43 

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

maj'  appoint  deputies,  for  whose  conduct  lie  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. 


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  legislatui'e, 10,  13 

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

to  be  chosen  annually, 13 

governor  and  at  least  five  councillors,  to  examine  and  count 

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

to  be  final  judges  of  elections,  returns  and  qualifications  of 

then*  own  members,     .         .         .         .         .         .         .         .         14 

vacancj^  to  be  tilled  by  election,  l)y  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  daj's  at  a  time,    ....         15 

to  choose  its  ofRcei's  and  establish  rules, 15 

shall  try  all  impeachments, 15, 17 

quorum  of, 16,  46,  48 

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

may  require    the   opinions   of  the  justices   of  the   supreme 
judicial  com't  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 

Sheriffs,  elected  by  the  people  of  the  several  counties,  .  .  .  21,  44 
Sih'er,  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, — Tlie  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  he  levied  without  the  consent  of  the  people  or  their 

representatives, 8 

may  be  imposed  by  the  legislatui'e, 12 

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

years, 12 

Tenure  that  all  commission  officers  shall  by  law  have  in  their  offices, 

shall  be  expressed  in  their  commissions 26 

Tests  abolished, 36 

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

Title  of  governor  to  be,  —  His  Excellency, 18 

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

Town  meetings,  selectmen  to  preside  at, 13 

Town  representation  in  the  legislature 16,  39,  40 

Towns,  voting  precincts  in, 47 

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

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

legislature, 9 

Treasurer  and  receiver-general,  to  be  chosen  l)y  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  qualified,  .  43 
manner  of  election,  etc.,  same  as  governor,  ....  43 
not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  appointment 43 

no  man  eligible  more  than  five  years  successively,    .         .        .  25,  26 
in  failure  of  election  by  voters,  or  in  case  of  decease  of  person 
elected,  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  legislatui-e  from  the  people  at  large,      .        43 
vacancy  occurring  when  legislature  is  not  in  session,  to  be 
filled  J)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  anil  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  bj'^  lieutenant- 
governor,       :  ...  24 

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

l)e  exercised  l^y  tlie  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  bj'  the  people  upon  the 

order  of  a  majority  of  senators  elected,     .        .        .         .  15,  46 
Vacancy  in  office  of  secretai'v,  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 
pei'sons  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  he  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  tlie  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  i)aid  a  state  or  county  tax  within  two 
years  next  preceding  the  election  of  state  oflicers,  and 
such  as  are  exempted  l)y  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  oflicers, 41 

Voting  precincts  in  towns,  ...■•....        47 


INDEX   TO   THE   CONSTITUTION.  ^7 

w. 

Page 

Worship,  public,  the  riglit  and  chity  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 
lejjislature,  except  for  a  limited  time,  ....        32 

Writs,  to  be  issued  in  tlie  name  of  the  commonwealth  under  the  seal 
of  the  court,  ))car  test  of  the  first  justice,  and  be  signed 
by  the  clerk, 32 

Writing  and  reading,  necessary  qualifications  for  voting,  or  holding 

office,    ...         , 44 

Y. 

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


ACTS   AND   EESOLVES 


MASSACHUSETTS. 


1898. 


The  General  Court  of  the  year  eighteen  hundred  and  ninety-eight  assembled 
on  Wednesday,  the  fifth  day  of  January.  The  oaths  of  office  were  talien  and  sub- 
scribed by  His  Excellency  Roger  Wolcott  and  His  Honor  W.  Murray  Crane  on 
Thursday,  the  sixth  day  of  January,  in  the  presence  of  the  two  Houses  assembled 
in  convention. 


ACTS. 


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


Ghajp.  1. 


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

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

For   the    compensation    of  senators,    thirty   thousand  ^ens-iuoA''"'"" 
seven  hundred  and  fifty  dollars. 

For  travelling  expenses  of  senators,  a  sum  not  exceed-  penles'.'"^ *^''' 
ing  thirty-two  hundred  dollars. 

For  the  compensation  of  representatives,  one  hundred  Jf:^PJ®compen. 
and  eighty  thousand  seven  hundred  and  fifty  dollars.  sation. 

For  travelling  expenses  of  representatives,  a  sum  not  Travelling ex- 

1  Tin  peuses. 

exceeding  twenty  thousand  dollars. 

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

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

f,,.  ,1  .1  Tin  1  house  clerks. 

representatives,  three  thousand  dollars  each. 

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

For  such  additional  clerical  assistance  for  the  clerks  clerical 
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  sergeant-at-arms,  thirty-five  hun-  sergeantat- 
dred  dollars. 


Acts,  1898.  — Chap.  2. 


First  clerk. 


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

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  representatives,  a  sum  not  exceeding  thirty-one 
thousand  five  hundred  dollars. 

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

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

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

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

Section  2.     This  act  shall  take  efiect  u})on  its  passage. 

Approved  January  22,  1898. 

ChCip,  2.  -^^  -A^CT  MAKING  APPROPRIATIONS  FOR  DEFICIENCIES  IN  APPRO- 
PRIATIONS FOR  CERTAIN  EXPENSES  AUTHORIZED  IN  THE  YEAR 
EIGHTEEN   HUNDRED   AND   NINETY-SEVEN, 

Be  it  enacted,  etc.,  as  follows: 

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


Doorkeepers. 


Postmaster, 
messengers,  etc, 


Senate 
stationery. 


House 
stationery. 


Printing  and 
binding,  senate 
and  house. 


Manual. 


8ergeant-at 
arms,  station- 
ery, etc. 


Senate  and 
house,  contin- 
gent  expenses, 
etc. 

Expenses  of 
committees. 


Witness  fees, 
etc. 


Appropriations 


Acts,  1898.  — Chap.  3.  5 

monwealth  from  the  ordinary  revenue,  for  the  payment 
of  certain  expenses  in  excess  of  the  appropriations  there- 
for in  the  year  eighteen  hundred  and  ninety-seven,  to 
wit :  —  " 

For  the  care  and  maintenance  of  indigent  and  neglected  neglect"  d^cwi- 
children,  the  sum  of  five  thousand  one  hundred  sixty-  '^'''^"• 
eight  dollars  and  ninety-seven  cents. 

For  the  support  and  transportation  of  unsettled  pauper  unsettled 
infants  in  this  Commonwealth,  the  sum  of  eight  hundred  ^'''"^"^'^ 
fourteen  dollars  and  fifty-one  cents. 

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

Approved  January  28 ^  1898. 

An  Act  making  appropriations  for  salaries  and  expenses  in  QJkxj}^  3. 
the  executive  department  of  the  commonwealth. 

Be  it  enacted^  etc.,  asfolloius: 

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  hun- 
dred and  ninety-eight,  to  wit :  — 

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

For  travelling  expenses  of  the  executive  council,  a  sum  Travelling  ex. 
not  exceeding  fifteen  hundred  dollars.  penses. 

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

For  the  salary  of  the  executive  clerk,  two  thousand  fierk.'""^^ 
dollars. 

For  the  salary  of  the  executive  stenographer,  a  sum  stenographer. 
not  exceeding  fifteen  hundred  dollars. 

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

For  contingent  expenses  of  the  executive  department,  ^^f^jf^Jlj^^t 
the  sum  of  three  thousand  dollars.  expensea. 

For  })ostage,  printing  and  stationery  for  the  executive  Postage,  print- 
department,  a  sum  not  exceeding  eight  hundred  dollars.    '"^-^  "• 

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

For  postaofe,  printinof  and  stationerv  for  the  executive  Postage, print. 

'   1  1  K'  ms  etc* 

council,  a  sum  not  exceeding  five  hundred  dollars. 


6 


Acts,  1898.  —  Chaps.  4,  5. 


Extraordiuarj' 
ezpenaes. 


Indexes,  etc., 
to  statutes. 


Arrest  of 
fugitives  from 
justice. 


For  the  payment  of  extraordinary  expenses,  to  be 
expended  under  the  direction  of  the  governor  and  coun- 
cil, a  sum  not  exceeding  fifteen  tliousand  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  eifect  upon  its  passage. 

Approved  January  28,  1898. 


Chap.  4. 


Appropriations, 


Attorney -gen- 
eral. 


Aesistants,  etc. 


An  Act  making  APPKorRiATiONS  fok  salaries  and  expenses  in 

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

Be  it  enacted,  etc.,  as  follows: 

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

For  the  salary  of  the  attorney-general,  five  thousand 
dollars. 

For  the  compensation  of  assistants  in  the  ofiice  of  the 
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  effect  upon  its  passage. 

Approved  January  28,  1898. 


Chan    5        -^^  ^^^  making  appropriations  for   SALARIES   AND   EXPENSES   OP 
THE  COMMISSIONERS   OF   SAVINGS    BANKS. 

Be  it  enacted,  etc.,  as  folloivs : 
Appropriations.      Section  1.     Tlic  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 
of^Tu'^ings'"*'*       For  the  salary  of  the  chairman  of  the  commissioners 
banks,  chair-      Qf  gaviugs  bauks,  thirty-five  hundred  dollars. 


Acts,  1898.  —  Chaps.  G,  7.  '  7 

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

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

For  the  salary  of  the  second  clerk  of  the  commis-  Second  cierk. 
sioners  of  savings  banks,  fifteen  hundred  dollars. 

For  such  additional  clerks  and  expert  assistants  as  the  Additional 

/.  .  ,  ,  T  clerks,  etc. 

commissioners  oi  savings   l)anks  may  deem  necessary,  a 
sum  not  exceeding  twenty-five  hundred  dollars. 

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

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

Approved  January  28, 1898. 

An  Act  making  appropriations  for  salaries  and  expenses  of  (JJiQrry  Q 

THE   GAS   AND   ELECTRIC   LIGHT   COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

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

For  the  salaries  of  the  gas  and  electric  light  commis-  Gas  and  electric 
sioners,  eight  thousand  dollars.  s'loners"™'*" 

For  clerical  assistance  to  the  gas   and   electric    light  clerical 

c5  O         assistance. 

commissioners,    a   sum   not   exceeding    three    thousand 
dollars. 

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

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

Approved  January  28,  1898. 


Chap.  7. 


An  Act  making  appropriations  for  salaries  and  expenses  in 

THE   bureau    of   STATISTICS   OF   LABOR. 

Be  it  enacted,  etc.,  asfolloics: 

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  exi)euses  for  the  year  ending  on  the 


8 


Acts,  1898.  —  Chap.  8. 


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

For  the  salary  of  the  chief  of  the  bureau  of  statistics 
of  labor,  three  thousand  dollars. 

For  the  salary  of  the  first  clerk  of  the  bureau  of  statis- 
tics of  labor,  two  thousand  dollars. 

For  the  salary  of  the  second  clerk  of  the  bureau  of 
statistics  of  labor,  sixteen  hundred  and  fifty  dollars. 

For  the  salaries  of  the  two  special  agents  of  the  bureau 
of  statistics  of  labor,  twentj^-four  hundred  dollars. 

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

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

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

For  rent  of  rooms  for  the  use  of  the  bureau  of  statis- 
tics of  labor,  and  for  services  of  a  janitor,  a  sum  not 
exceeding  three  thousand  dollars. 

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

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

For  expenses  in  connection  with  taking  a  special  cen- 
sus in  towns  having  an  increased  resident  ])opulation 
during  the  summer  months,  a  sum  not  exceeding  three 
hundred  and  fifty  dollars. 

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

Approved  January  28,  1898. 

ChaV.S.       An  Act  MAKING   Ari'ROPRIATIONS   FOR   TIIK   SALARY   AXD   EXPENSES 
OF  THE   GENERAL   SLTERINTENDENT   OF   PKISOXS. 

Be  it  enacted,  etc.,  as  follows: 
AppropriHiioDs.      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 


Bureau  of 
Btatistics,  chief. 


First  clerk. 
Second  clerk. 
Special  agentB. 


Clerical  as- 
sistance, etc. 


Statistics  of 
manufactures. 


Expensea. 


Rent  of  rootDB, 
etc. 


Rent  of  rooms 
for  storage. 


Rent  of  addi- 
tional rooms. 


Expenses  of 
special  census. 


Acts,  1898.  — Chaps.  9,  10.  9 

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

For  the  sahirv  of  the  general  superintendent  of  prisons,  General  super- 
thirty-five  liundrcd  dollars.  pTonT°' 

For  clerical  assistance  to  the  general  superintendent  clerical 
of  prisons,  a  sum  not  exceeding  one  thousand  dollars. 

For  travelling  expenses  of  the  general  superintendent  Travelling  ex- 
of  prisons,  a  sum  not  exceeding  five  hundred  dollars. 

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

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

Approved  January  28,  1898. 

An  Act  making  appropriations  for  the  salary  and  expenses  H'hQj)  Q 

OF   THE   state   PENSION   AGENT.  ^ 

Be  it  enacted,  etc. ,  as  follows : 

Sectiox  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
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 
thirty-first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  salary  of  the  state  pension  agent,  two  thou-  state  pension 
sand  dollars.  "^*^"  ' 

For  clerical  assistance,  travelling  and  other  necessary  clerical  as- 
expenses  of  the  state  pension  agent,  a  sum  not  exceed- 
ing four  thousand  five  hundred  dollars. 

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

Approved  January  28,  1898. 

An  Act  making  an  appropriation  for  the  erection  of  new  (7/i(/n.lO. 

BUILDINGS   AT   TUB   WORCESTER   LUNATIC   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     The   sum   of  forty  thousand   dollars   is  Worcester 

11  'xij.!  •ij.i.'j.ij.  i?    lunatic  hospital. 

hereby  appropriated,  to  be  paid  out  or  the  treasury  oi 
the  Commonwealth  from  the  ordinary  revenue,  to  be 
exi)endcd  at  the  Worcester  lunatic  hospital,  under  the 
direction  of  the  trustees  thereof,  for  the  erection  of  new 
buildings,  as  provided  for  by  chapter  eighty-one  of  the 
resolves  of  the  year  eighteen  hundred  and  ninety-seven. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  28,  1898. 


10 


Acts,  1898.  —  Chaps.  11,  12,  13,  U. 


Worcester 

Polytechnic 

lustitute. 


ChCip.W,  ^^  ^^'^   MAKING   AN   APPROPRIATION    FOR    THE    WORCESTER    POLY- 
TECHNIC  INSTITUTE. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  sum  of  three  thousand  dollars  is 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of 
the  Commonwealth  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  hundred  and  ninety-six. 

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

Approved  January  28,  1898. 


Ch0V.12i.  ^^    ■^^'^    MAKING     AN     APPROPRIATION    FOR     THE     MASSACHUSETTS 

STATE   FIREMEN'S   ASSOCIATION. 


Massachusetts 
State  Firemeu'e 
Association. 


Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  The  sum  often  thousand  dollars  is  hereby 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  Massachu- 
setts State  Firemen's  Association,  as  provided  for  by 
chapter  one  hundred  and  seventy-seven  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-two. 

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

Approved  January  28,  1898. 


Chan    13     ^*^  '^^^   MAKING   AN   APPROPRIATION   FOR  THE 

^  CTTTTTTTT      fW     T I? C J 1 'Ki'M  fUlV 


MASSACHUSETTS  IN- 


STITUTE  OF   TECHNOLOGY. 


MftssachuBetts 
luHtitute  of 
Technology. 


Be  it  enacted,  etc.,  as  follows : 

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

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

Approved  Jamcary  28,  1898. 


Chap.  14. 


MassachiisettB 
Bchool  Fund. 


An  Act  making  an 


APPROPRIATION    FOR 
SCHOOL    FUND. 


THE     MASSACHUSETTS 


Be  it  enacted,  etc.,  asfolloivs: 

Section  1 .  The  sum  of  one  hundred  thousand  dollars 
is  hereby  ap})ropriatcd,  to  be  paid  out  of  the  treasury 
of  the  Commonwealth  from  the  ordinary  revenue,  for 
the   Massachusetts    School    Fund,    as    provided   for    by 


Acts,  1898.  —  Chaps.  15,  16.  11 

chapter   ninety    of  the    resolves    of    the    year   eighteen 
hundred  and  ninety-four. 

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

Approved  January  28,  1898. 


Chap.  15. 


An  Act  making  an  appropriation  for  the  payment  op  pre- 
miums ON  securities  purchased  for  the  MASSACHUSETTS 
SCHOOL  FUND. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.    A  sum  not  exceeding  ten  thousand  dollars  Massaciiugatta 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  premuims'o'k 
of  the  Commonwealth  from  the   ordinary  revenue,  for  secuntiee. 
the  payment  by  the  treasurer  and  receiver  general  of 
premiums  on  securities  purchased  for  the  Massachusetts 
School  Fund,  as  provided  for  by  chapter  three  hundred 
and  thirty-five  of  the  acts  of  the  year  eighteen  hundred 
and  ninety. 

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

Approved  January  28,  1898. 

An  Act  making  appropriations  for  salaries  and  expenses  in  H'kf.rj^  "If^ 

THE   JUDICIAL   DEPARTMENT   OF   THE   COMMONWEALTH.  ^  ' 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  AppropriaUonB. 
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-eight,  to  wit :  — 

SUPREME   JUDICIAL    COURT. 

For  travelling   expenses  of  the    chief  justice    of  the  supreme judi. 
supreme  judicial  court,  five  hundred  dollars.  cWerju^-uce. 

For  travelling  expenses  of  the  six  associate  justices  Associate 
of  the  supreme  judicial  court,  three  thousand  dollars.        ju8ti':e«- 

For  the  salary  of  the  clerk  of  the   supreme  judicial  f^'^'k. 
court,  three  thousand  dollars. 

For  clerical    assistance   to  the  clerk  of  the    supreme  clerical  as- 

•      1'    •    y  ^     n  1  1        1111  sistance  to 

judicial  court,  hve  hundred  dollars.  cierk. 

For  clerical  assistance  to  the  justices  of  the  supreme  clerical  as. 

judicial  court,  a  sum  not  exceeding  twenty-five  hundred  justices. '^ 
dollars. 


12 


Acts,  1898.  — Chap.  16. 


Expenses. 


Reporter  of 
decieiotis. 


Officers  and 
messeuger. 


Clerk  for 
Suffolk. 


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

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


SUPERIOR    COURT. 


Superior  court, 
chief  justice. 

Associate 
justices. 


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

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


Probate  and 
insolvency 
judges,  Suffolk. 


Mlddlese.x. 


Worcester. 


Esse.v. 


Norfolk. 


Plymouth. 


Berkshire. 


Ilampdcn. 


Hampsliir* 


Franklin. 


COURTS    OF    PROBATE    AND    INSOLVENCY. 

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

For  the  salaries  of  the  two  judges  of  probate  and  in- 
solvency for  the  county  of  Middlesex,  forty-five  hundred 
dollars  each. 

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

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

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

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

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

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

For  the  salary  of  the  judge  of  j)robatc  and  insolvency 
for  the  county  of  Hampden,  three  thousand  dollars. 

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

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


Acts,  1898.  — Chap.  16.  13 

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

For  the  compensation  of  judges  of  probate  and  insol-  Acting  in  onur 

...  .1  '     I-  ,  T  counties. 

vency,  acting  m  other  counties,  a  sum  not   exceeding 
three  thousand  dollars. 

For  the  salary  of  the  reo:ister  of  probate  and  insolvency  Register, 

»  Suffolk 

for  the  county  of  Suffolk,  five  thousand  dollars. 

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

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

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

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

For  the  salaiy  of  the  register  of  probate  and  insolvency  Bristol. 
for  the  county  of  Bristol,  tw^enty-five  hundred  dollars. 

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

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

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

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

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

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

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

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

For  the  salary  of  the  assistant  register  of  probate  and  {^terrsuffofk." 
insolvency  for  the  county  of  Sufiblk,  twenty-eight  hun- 
dred dollars. 

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

For  the  salary  of  the  assistant  register  of  probate  and  Worcester- 


u 


Acts,  1898.  — Chap.  16. 


Essex. 


Norfolk. 


Franklin. 


Clerk,  Suffolk. 


Clerical  as- 

Bistance, 

Suffolk. 


Hampden. 


Essex. 


Bristol. 


Plymoutli. 


In  the  several 
counties  except 
Franklin  and 
Suffolk. 


Expenses. 


insolvency  for  the  county  of  Worcester,  eighteen  hun- 
dred dollars. 

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

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

For  the  salary  of  the  assistant  register  of  probate  and  in- 
solvency for  the  county  of  Franklin,  five  hundred  dollars. 

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

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

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

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

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

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

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

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

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


District  attor- 
ney, Suffolk. 


DISTRICT    ATTORNEYS. 


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


Acts,  1898.  — Chap.  17.  15 

For  the  salary  of  the  first  assistant  district  attorney  for  First  assistant. 
Suffolk  district,  thirty-tliree  hundred  dollars. 

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

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

For  the  salary  of  the  district  attorney  for  the  northern  District  attor- 
district,  twenty-four  hundred  dollars.  duti-ict. 

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

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

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

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

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

For  the  salary  of  the  district  attorney  for  the  southern  soutiiern 

•  district. 

district,  twenty-two  hundred  dollars. 

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

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

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

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

For  the  salary  of  the  district  attorney  for  the  north-  Northwestern 

cliBtrict 

western  district,  thirteen  hundred  and  fifty  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  i,  1898. 

An  Act  making  appropriations  for  salaries  and  expenses  of  (JJi^j)^  ]^7, 

THE   STATE   BOARD   OF  ARBITRATION   AND   CONCILIATION. 

Be  it  enacted,  etc.,  as  follows: 

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  hun- 
dred and  ninety-eight,  to  wit  :  — 

For  the  salaries 'of  the  members  of  the  state  board  of  f^^j^^t^et"^^" 
arbitration  and  conciliation,  six  thousand  dollars. 


16 


Acts,  1898.  — Chaps.  18,  19. 


^^^'^-  For  the  salary  of  the  clerk  of  the  state  board  of  arbi- 

tration and  conciliation,  twelve  hundred  dollars. 
Expeneee.  j^^j.  travelling,  incidental  and  contingent  expenses  of 

the  state  board  of  arbitration  and  conciliation,  a  sum  not 
exceeding  forty-six  hundred  dollars,  which  shall  include 
the  compensation  of  expert  assistants. 

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

Approved  February  1,  1898* 

Chap*  18.   -'^N   Act    making    APrROPKIATIONS    for   expenses   of   the   MASSA- 
CHUSETTS  NAUTICAL  TRAINING   SCHOOL. 

Be  it  eyiacted,  etc. ,  as  folloios : 
Appropriations.  Section  1.  The  sums  hereinafter  mentioned  arc  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-eight,  to  wit :  — 

For  the  paj^ment  of  current  expenses  of  the  Massa- 
chusetts nautical  training  school  on  board  the  United 
States  ship  Enterprise,  a  sum  not  exceeding  fifty  thou- 
sand dollars. 

For  the  necessary  expenses  of  the  commissioners  of 
the  Massachusetts  nautical  training  school,  to  include 
salar}^  of  the  secretary,  clerical  services,  printing,  sta- 
tionery and  other  contingent  expenses,  a  sum  not  ex- 
ceeding forty-five  hundred  dollars. 

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

Approved  February  i,  1898. 

Chap.  19.  ^N  Act  making  an  appropriation  for  the  removal  of  wrecks 

FROM   tide   waters. 

Be  it  enacted^  etc.,  as  folloivs : 

Section  1.  The  sum  of  five  thousand  dollars  is  hereby 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  expenses  in 
connection  with  the  removal  of  wrecks  and  other  ob- 
structions from  tide  waters,  as  provided  for  in  section 
nine  of  chapter  two  hundred  and  sixty  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-three,  during  the 
year  ending  on  the  thirty-first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-eight. 

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

Approved  February  i,  1898. 


Nautical  train 
lug  echool. 


Expenses  of 
commissioners 


Removal  of 
obstructions 
from  tide 
waters. 


Acts,  1898.  — Chaps.  20,  21.  17 


An  A(t  making  an  aitkophiation  kok  the  compensation  of  f^hfj^  Of) 

INSPECTOKS   OF   ANIMALS   AND   PROVISIONS.  *   ' 

Be  it  enacted,  etc.,  as  folio ivs  : 

Section  1.  The  sum  hereinafter  mentioned  is  ap-  Appropriation, 
propriated,  to  be  ])aid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  })urpose 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the   compensation   of  inspectors   of  animals   and  inspectorsof 

X  t^  /■IT  aiiiiiiiilK  and 

])rovisions,   as  provided   for   by    chapter   four   hundred  provisions. 
and  seventy-six  of  the  acts  of  the  year  eighteen    hun- 
dred and  ninety-five,  a  sum  not  exceeding  ten  thousand 
dollars. 

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

Approved  February  1,  1S98. 


An  Act  to  incorporate  the  uennett  spinning  company,        OJinr)  21 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Loum  Snow,  Edward  S.  Brown,  Charles  Bennett  spin- 
II.  Merriman,  Hobcrt  W.  Taft,  Stephen  M.  Crosby,  iucfrpor"atea7 
George  F.  Putnam,  Charles  J.  Holmes,  Gilbert  Allen 
and  Otis  N.  Pierce,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Bennett 
Spinning  Company,  for  the  purpose  of  carrying  on  the 
business  of  buying,  manufacturing  and  selling  cotton  and 
its  ju'oducts ;  and  for  this  purpose  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  general  laws 
which  are  now  or  may  hereafter  be  in  force  relating  to 
such  corporations,  except  as  herein  otherwise  expressly 
provided. 

Section    2,     The    ca])ital    stock    of  said   corporation  capital  stock, 
shall  not  exceed  the  sum  of  one  million  eight  hundred 
thousand  dollars. 

Section  3.  Said  corporation  shall  have  authority  to  May  operate 
purchase  and  operate  together  the  plants  and  properties  together*,  etc.* 
of  the  Bennett  Manufacturing  Corporation  and  the  Col- 
um])ia  Spinning  Company,  corporations  incorporated 
under  the  laws  of  this  Commonwealth  and  doing  busi- 
ness in  New  Bedford ;  and  the  provisions  of  sections 
fifteen   and  forty-nine  of  chapter  one  hundred   and  six 


18 


Acts,  1898.  —  Chap.  22. 


of  the  Public  Statutes  shall  l)e  a])i)lical)le  to  .said  Ben- 
nett Spinning  Company  in  the  purciiase  of  said  properties. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  i,  1898. 


Chan  22  ^^  ^^^^  makin^j  at 


Appiopriations. 


Board  of  agri- 
ciilniie,  sec- 
retary. 

First  clerk. 


Second  clerk. 


Clerical 
asaititauce. 


Travelling  ex- 
penses, etc. 


Incidental 
expenses,  etc. 


Kxpenscs  of 
secretary. 


Farmers' 
institutes. 


Bounties. 


Experiment 

station. 


Agricultural 

Colleca, 

ecbolarsbips. 


Be  it  enacted,  etc,  as  follows : 


PUOPKIATIONS     von     SUNDRY     AGHIOULTUKAL 
EXPENSES. 


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  ye«r  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  salary  of  the  secretary  of  the  state  l)oard  of 
agriculture,  twenty-five  hundred  dollars. 

For  the  salary  of  the  first  clerk  of  the  secretary  of  the 
state  board  of  agriculture,  sixteen  hundred  dollars. 

For  the  salary  of  the  second  clerk  of  the  secretary  of 
the  state  board  of  agriculture,  twelve  hundred  dollars. 

For  other  clerical  assistance  in  the  ofiice  of  the  secre- 
tary of  the  state  board  of  agriculture,  and  for  lectures 
before  the  board  at  its  annual  and  other  meetings,  a  sum 
not  exceeding  eight  hundred  dollars. 

For  travelling  and  other  necessary  expenses  of  the 
members  of  the  state  board  ^of  agriculture,  a  sum  not 
exceeding  nineteen  hundred  dollars. 

For  incidental  and  contingent  expenses  of  the  state 
board  of  agriculture,  a  sum  not  exceeding  eight  hundred 
dollars. 

For  travelling  and  other  necessary  expenses  of  the 
secretary  of  the  state  board  of  agriculture,  a  sum  not 
exceeding   five  hundred  dollars. 

For  disseminating  useful  information  in  agriculture 
by  means  of  lectures  at  farmers'  institutes,  a  sum  not 
exceeding    two  thousand   dollars. 

For  bounties  to  agricultural  societies,  a  sum  not  ex- 
ceeding twenty-one  thousand  dollars. 

For  maintaining  an  agricultural  experiment  station  at 
the  Massachusetts  Agricultural  College,  the  sum  of  ten 
thousand  dollars. 

For  the  IMassachusetts  Agricultural  College,  for  the 
purpose  of  providing  eighty  free  scholarships,  the  sum 
of  ten  thousand  dollars. 


Acts,  1898.  —  Chap.  23.  19 

For  the  Massachusetts  Agricultural  College,  the  sum  Agricultural 
of  ten  thousand  dollars,  to  be  expended  under  the  direc-  ?andfticf^°^ 
tion  of  the  trustees  for  the  following  pur[)0ses,  to  wit: 
—  Five  thousand  dollars  for  the  establishment  of  a  labor 
fund  to  assist  needy  studiiuts  of  said  college,  and  five 
thousand  dollars  to  provide  the  theoretical  and  practical 
education  required  by  its  charter  and  the  laws  of  the 
United  States  relating  thereto. 

For   travelling   and  other  necessary  expenses   of  the  Expenses  of 
trustees    of  the'  Massachusetts    Agricultural   College,   a  "'"''"*''• 
sum  not  exceeding  eight  hundred  dollars. 

For  the  salary  of  the  executive  officer    of  the    state  uairy  bureau, 
dairy  bureau,  five  hundred  dollars.  omce'-.'^'' 

For  the  salary  of  an  assistant  to  the  secretary  of  the  ABsiHUmtto 
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,  chem. 

.  ~  istB   etc. 

necessary  expenses  of  the  state  dairy  bureau,  a  sum  not 
exceeding  seven  thousand  dollars. 

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

To    defray  the  exiienses   of  collectino-  and   analyzing  collecting  etc., 
samples  of  concentrated  commercial  feed  stuffs,  as  pro-  concentrated 
vided  for  by  chapter  one  hundred  and  seventeen  of  the  feed'stuffT. 
acts    of  the   year   eighteen   hundred   and   ninety-seven, 
twelve  hundred  dollars. 

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

Ajyproved  February  i,  1898. 


An  Act  making  an  appkopkiation  for  the  perkins  institution  Qhan.23, 

AND   MASSACHUSETTS   SCHOOL   FOR   THE   BLIND. 

Be  it  enacted,  etc.,  as  folloios : 

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   re- 
solves of  the  year  eighteen  hundred  and  sixty-nine. 

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

Approved  February  1,  1898. 


20 


Acts,  1898.  — Chaps.  24,  25,  26. 


Chap.24:. 


Appropriations. 


Inspector  of 
gas  meters. 

Assistant. 


Expenses. 


Additional 
apparatus. 


An  Act  MAKING  APPROPRIATIONS  I'OR   SALARIES    ANI>    EXPENSES   OP 
THE   INSPE(;T0RS   OF   GAS   METERS. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  sums  liereinafter  mentioned  are  ap- 
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  d;iy  of  December  in  tlie  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  sahiry  of  the  inspector  of  gas  meters,  two 
thousand  doHars. 

For  the  salary  of  the  assistant  inspector  of  gas  meters, 
twelve  hundred  dollars. 

For  travelling  and  incidental  expenses  of  the  inspector 
and  assistant  inspector  of  gas  meters,  a  sum  not  exceed- 
in^six  hundred  and  fifty  dollars. 

For  such  additional  apparatus  as  the  inspector  of  gas 
meters  may  find  necessary,  a  sum  not  exceeding  two  hun- 
dred and  fifty  dollars. 

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

Approved  February  i,  1S9S. 


Chap 


.25.  -^N    Act  making  an  appropriation    for    the   Massachusetts 
SCHOOL  for  the  feeble-minded. 


Be  it  enacted,  etc.,  as  folloics  : 

Koi^forX'  Section  1.  The  sum  of  twenty-five  thousand  dollars 
Feeble-minded,  jg  hereby  appropriated,  to  be  paid  out  of  the  treasury 
of  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  year  eighteen  hundred  and  eighty-seven. 

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

Approved  February  1,  1898. 


Chap.26. 


ABsayer  and 
Inspector  of 
liquors. 


An  Act  making  an  appropriation  for  the    salary  of  the 
assayer  and  inspector  of  liquors. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  sura  of  twelve  hundred  dollars  is 
hereby  approi)riated,  to  be  paid  out  of  the  treasury  of 
the  Commonwealth  from  the  ordinary  revenue,  for  the 
salary  of  the  assayer  and  inspector  of  li(]uors,  for  the 


Acts,  1898.  — Chaps.  27,  28.  21 

year  eiulinix  on  the  tliirty-first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-eiirht. 

Section  2.     This  act  sliall  take  ellect  upon  its  passage. 

Approved  February  1,  1898. 


Chap.21. 


An  Act  making  an  appkofriation  for  the  compensation  and 
expenses  of  the  ballot  law  commission. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
])ropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-tirst  day  of  Decem])er  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  compensation  of  the  ballot  law  commission,  Raiiotiaw 
a  sum  not  exceeding  fifteen  hundred  dollars.  commiBsion, 

For  such  expenses  of  the   ballot    law  commission    as  Expenses. 
may   be   necessary,  a   sum   not  exceeding  five   hundred 
dollars. 

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

Approved  February  1,  1898. 

An  Act  making  appropriations  for  salaries  and  expenses  in  (Jhnj)  28 

THE   state   library. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
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 
thirty-first  da^^  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

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

For  the  purchase  of  books  for  the  state  library,  sixty-  Purchase  of 
five  hundred  dollars. 

For  such  clerical  assistance  in  the  state  library  as  may  clerical 

1  j_  Tii'_/,^ljj    assistance. 

I)e  necessary,  a  sum  not  exceeding  thirty-five  hundred 
dollars. 

For  preparing  an   index  to   current  events  and  such  inf""  •"  ^""■• 

11'^  rent  events. 

other  matters  as  may  l^c  deemed  important  by  the  trus- 
tees and  librarian,  contained  in  the  newsjiapcrs  of  the 
day,  a  sum  not  exceeding  one  thousand  dollars. 

For  contingent  expenses  in  the  state  library,  to  be  ex-  Expenses. 


22  Acts,  1898.  — Chaps.  29,  80,  31. 

pended  under  the  direction  of  the  trustees  and  librarian, 
a  sum  not  exceeding  eighteen  hundred  dollars. 

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

A2)X>7'oved  February  1,  1898. 

Chap.  29.   ^^   ^^"^   RELATIVE  TO   TUE   APPOINTMENT   OF   ASSISTANT    ASSESSORS 

IN  THE  CITY   OF  SALEM. 

Be  it  enacted,  etc.,  as  foUoius  : 
To  appoint  Section   1.     The   board    of  assessors    of  the    city  of 

seBsors.etc.  Saleiu  shall,- duriug  the  month  of  March  in  each  year, 
subject  to  confirmation  by  the  city  council,  appoint  twelve 
persons,  to  be  styled  assistant  assessors,  who  shall  have 
the  powers  and  shall  perform  the  duties  heretofore  apper- 
taining to  assistant  assessors  in  Salem,  and  shall  hold 
office  for  one  year  or  until  their  successors  are  appointed 
and  qualified,  and  whose  compensation  per  diem  shall  be 
fixed  by  the  city  council. 
^^veai.  Section  2.     All   acts  and   parts    of  acts   inconsistent 

herewith  are  hereby  repealed. 

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

Approved  February  i,  1898. 

Chap.  30.  An  Act  making  an  appropriation  for  operating  the  charles 

RIVER  VALLEY   SYSTEM   OF   SEWERAGE. 

Be  it  enacted,  etc.,  as  folloios : 
Charles  River        Section  1.     A  sum  uot  excceding  sixty-two  thousand 

Valley  System  ii  in  •!  -j 

of  sewerage.  five  hundred  dollars  is  hereby  appropriated,  to  be  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  sew- 
age 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  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight. 

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

Approved  February  2,  1898. 

Chap. 31.   ^^   -^^^   MAKING   AN    APPROPRIATION   FOR   CONTINUING    THE    WORK 
OF   EXTERMINATING   THE   GYPSY   MOTH. 

Be  it  enacted,  etc. ,  as  folloivs  : 
Extermination        Section  1.     The    sum   of  twcuty  thousand  dollars  is 

01  the  gypsy  .  "^  ,  ^ 

moth.  hereby  appropriated,  to   be  paid  out  ot  the  treasury  of 


Acts,  1898.  — Chaps.  32,  33,  34.  23 

the  Commonwealth  from  the  ordinary  revenue,  to  be 
expended  under  the  direction  of  the  state  board  of  agri- 
culture, 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  the  thirty-first  day  of  December 
in  the  year  eighteen  hundred  and  ninety-eight ;  said  sum 
to  be  in  addition  to  any  amount  unexpended  of  the  appro- 
priation of  the  year  eighteen  hundred  and  ninety-seven. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  Fehruary  S,  1898. 


Chap,^2. 


An  Act  making  an  appropriation  for  expenses  in  connec- 
tion AVITH  THE  PRISON  INDUSTRIES  OF  THE   COMMONWEALTH. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1.     A  sum  not  exceeding  one  hundred  thou- Pnson  indus- 
sand  dollars  is  hereby  appropriated,  to  he  paid  out  of  the  *"^*'' 
treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
to  meet  expenses  in  connection  with  the  industries  in  the 
various  prisons  of  the  Commonwealth. 

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

Approved  Fehruary  8,  1898. 


Chap.  33. 


An  Act  to  change  the  name  of  the  somerville  mystic  water 

BOARD. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1 .  The  name  of  the  Somerville  Mystic  Water  Name  changed. 
Board,  estal)lished  by  chapter  one  hundred  and  eighty- 
two  of  the  acts  of  the  year  eighteen  hundred  and  seventy- 
one,  as  amended  by  chapter  two  hundred  and  seventeen 
of  the  acts  of  the  year  eighteen  hundred  and  ninety,  is 
hereby  changed  to  Board  of  Water  Commissioners  of  the 
City  of  Somerville. 

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

Approved  Fehruary  8,  1898. 


Chap.U. 


An  Act  making  appropriations  for  expenses  of  the  board 
OK  free  public  lii'.kaky  commissioners. 

Be  it  enacted,  etc.,  asfolloit's: 

Section  1.     The  sums  hereinafter  mentioned  are  ap- Appropnatione. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
s})ecified,  to  meet  expenses  for  the  year  ending  on    the 


24 


Acts,  1898.  — Chaps.  35,  36,  37. 


Free  public 
libraries. 


Clerical  asBist- 
ance,  etc. 


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

To  carry  out  the  provisions  of  the  act  to  promote  the 
establishment  and  efficiency  of  free  ])ublic  libraries,  a  sum 
not  exceeding  one  thousand  dollars. 

For  clerical  assistance,  and  incidental  and  necessary 
expenses  of  the  board  of  free  ])ublic  library  commissioners, 
a  sum  not  exceeding  five  hundred  dollars. 

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

Approved  February  8,  1898. 

Chap.  35.  -A-N  Act  making  an  appropriation  for  the  abolition  ok  grade 

CROSSINGS   LOAN   SINKING   FUND. 

Be  it  enacted,  etc. ,  as  foUoivs : 

Section  1.  The  sum  of  one  hundred  and  eighteen 
thousand  four  hundred  twenty-one  dollars  and  sixty-six 
cents  is  appro})riated,  to  be  paid  out  of  the  treasury  of 
the  Commonwealth  from  the  ordinary  revenue,  for  the 
Abolition  of  Grade  Crossings  Loan  Sinking  Fund,  as 
provided  for  by  chapter  four  hundred  and  twenty-eight  of 
the  acts  of  the  year  eighteen  hundred  and  ninety,  said  sum 
being  the  estimate  of  the  treasurer  and  receiver  general. 

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

Approved  February  8,  1898. 


Abolition  of 
Grade  Crosa- 
iDg8  Loan 
Sinking  Fund. 


Harbor  Ini- 
proveiueut 
liOan  Sinking 
Fund. 


ChCL7).3Q.   ^^   ^^^  MAKING   AN   APPROPRIATION    FOR    THE    HARBOR    IMPROVE- 
MENT  LOAN   SINKING   FUND. 

Be  it  enacted^  etc.,  asfolloics: 

Section  1.  The  sum  of  fifty-two  hundred  fifty  dollars 
and  twenty- four  cents  is  hereby  appropriated,  to  be  paid 
out  of  the  treasury  of  the  Commonwealth  from  the  ordi- 
nary revenue,  for  the  Harbor  Improvement  Loan  Sinking 
Fund,  as  provided  for  by  section  two  of  chapter  five  hun- 
dred and  thirteen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven,  said  sum  being  the  estimate  of  the  treas- 
urer and  receiver  general. 

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

Approved  February  8,  1898. 

Chaj).  37.   ^^  -^^^  MAKING  AN  APPROPRIATION  FOR  THE  METROPOLITAN  PARKS 

LOAN  SINKING    FUND. 

Be  it  enacledj  etc.,  asfolloics: 
MHtropoMtan  Section  1.     The  suiii  of  fourteen  thousand  two  hun- 

siukiiig  Fund,    dred  and  twenty-six  dollars  is  hereby  appropriated,  to  be 


Acts,  1898.  —  Chaps.  38,  39,  40.  25 

paid  out  of  the  treasury  of  the  Commonwealth  from  the 
ordinary  revenue,  for  the  Metropolitan  Parks  Loan  Sink- 
iiiix  Fund,  towards  retiring"  the  scrip  known  as  series  two, 
as  provided  for  by  chapter  two  hundred  and  eighty-eioht 
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. 

Approved  February  5,  1898. 


Chap.  38. 


An  Act  makin(i   an  appuopkiation  fok   the   state  highway 
loan  sinking  fund. 

Be  it  enacted^  etc.,  as  follows  : 

Section  1 .  The  sum  of  forty-seven  thousand  two  hun-  state  Highway 
dred  seventy-three  dollars  and  fifty-seven  cents  is  hereby  Fuud.  '°  °^ 
aj>propriatcd,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  State  High- 
way Loan  Sinking  Fund,  as  provided  for  by  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. 

Approved  February  8,  1898. 

An  Act  MAKING  an  appropriation  for  the  state  house  loans  QJian.i^Q, 

SINKING   FUND. 

Be  it  enacted,  etc.,  as  follotcs : 

Section  1.  The  sum  of  one  hundred  ninety-four  thou-  state  House 
sand  five  hundred  forty-four  dollars  and  seventy  cents  is  Fund." 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  the 
Commonwealth  from  the  ordinary  revenue,  for  the  State 
House  Loans  Sinking  Fund,  as  provided  for  by  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. 

Approved  February  8,  1898. 

An  Act  making  an  appropriation  for  the  medfield  insane  QJiav.^O. 

asylum  loan  sinking  fund. 
Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     The  sum  of  eighteen  thousand  nine  hun-  Meutieid  insane 
dred  twelve   dollars    and   seventy-seven  cents    is  hereby  sinking  Fund. 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 


V 


26  Acts,  1898.  — Chaps.  41,  42. 

mon wealth  from  the  ordinary  revenue,  for  the  Medfield 
Insane  Asyhitn  Loan  Sinking  Fund,  as  provided  for  by 
section  one  of  chapter  three  hundred  and  ninety-one  of 
the  acts  of  the  year  ei<rhteen  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  10,  1898. 

Chcip.4:\.   ^^  ^^"^   MAKING    AN    APPKOPKIATION    FOR    TUE    PKISON    AND    HOS- 
PITAL  LOAN   SINKING   FUND. 

Be  it  enacted,  etc.,  as  follows. • 
Prison  and  Section  1.     The  suui  of  sixtv-uine  hundred  fifty-three 

Hospital  Loan  •ii  •  ^ 

Sinking  FuDd.  doliars  .lud  scveuty-three  cents  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  provided  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  effect  upon  its  passage. 

Approved  February  10,  1898. 

Chai)    42     "^^  "^^^  MAKING  APPROPRIATIONS  FOR  SALARIES  AND   EXPENSES  IN 
THE   OFFICE   OF  THE   CONTROLLER   OF   COUNTY   ACCOUNTS. 

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-eight,  to  wit :  — 

Controller  of  YoY  tlic  salarv^  of  the  controller  of  county  accounts, 

county  ac-  ^  i  i        i     i     ii 

counts.  twenty-hve  hundred  dollars. 

First  deputy.  For  tlio  Salary  of  the  first  dei)uty  of  the  controller  of 

county  accounts,  eighteen  hundred  dollars. 

Second  deputy.  Y^^Y  i\^q  salaiy  of  the  second  deputy  of  the  controller 
of  county  accounts,  fifteen  hundred  dollars. 

Expenses.  j,^^^.  f  j-jiyf^iUj^o-  and  oliicc  expcuscs  ol"  the  controller  of 

county  accounts,  and  of  his  deputies,  a  sum  not  exceed- 
ing twelve  hundred  dollars. 

Section  2.     This  act  shall  lake  ellect  upon  its  passage. 

Approved  February  10,  1898. 


Acts,  1898.  — Chaps.  43,  44,  45.  27 


An  Act  making  an  appropriation  for  expenses  in  connec-  (JJia'p.4:^. 

TION     WITH     THE     C«)NSOLIl)ATION     AND     AUKANGEMENT     OF     THE 
PUBLIC  STATUTES. 

Be  it  enacted,  etc.,  asfolloius: 

Section  1.     The  sum  of  twenty-five  thousand  dollars  consolidation 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  men" oV'tife' 
the  Commonwealth  from  the  ordinary  revenue,  to  meet  ^"'^"'  statutes. 
expenses  in  connection  with  the  consolidation  and  arrange- 
ment of  the  Public  Statutes  of  the  Conmionwealth,  during 
the  year  ending  oji  the  thirty-first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-eight,  said  sum  to  be  in 
addition  to  any  amount  heretofore  authorized. 

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

Approved  February  10,  1898. 

An  Act  making  an  appropriation  for  expenses  in  connec-  Q^djy^  ^^^ 
Tiox  with  the  preparation  and  publication  of  a  second  -^ 

SUPPLEMENT   TO   THE   PUBLIC   STATUTES. 

Be  it  enacted,  etc. ,  as  foUoics : 

Section  1 .     The  sum  of  fifteen  hundred  seventy-nine  Preparation  and 
dollars  and  twenty-three  cents  is  hereby  appropriated,  to  a"ecomi'8up. 
be  paid  out  of  the  treasury  of  the  Commonwealth  from  ^uba*c°8trtu^e8. 
the  ordinary  revenue,  for  the  purpose  of  meeting  expenses 
in  connection  with  the  preparation  and  publication  of  a 
second  supplement  to  the  Public  Statutes,  as  authorized 
by  chapter  three  hundred  and  sixi:y-three  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-five. 

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

Approved  February  10,  1898. 

An  Act  to  authorize  cities  to  appropriate  monev  for  the  (JJidp^i^^^ 

PAYMENT   OF   THE   CHARGES   OF  INSURANCE    COMPANIES    AS    SURE- 
TIES  ON    BONDS   OF   CITY   OFFICERS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  Any  city  may  by  vote  of  the  city  council  f;'n^^'^of°eity 
vote  to  raise  and  appropriate  money  to  pay  a  proper  charge  officers. 
of  an  insurance  company  for  acting  as  surety  on  the  ofii- 
cial  1)ond  given  to  such  city  by  any  of  its  officers  for  the 
faithful  discharge  of  their  duties.  '  The  city  authority  au- 
thorized to  approve  the  bond  of  a  city  officer  may  accept 
an  insurance  company  as  sufficient  surety  upon  such  bond ; 


28 


Acts,  1898.  —  Chaps.  46,  47. 


bat  no  insurance  company  shall  be  so  accepted  unless  it 
is  qualiHed  to  do  l)usiness  in  this  Connnonwealth. 

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

Approved  February  10,  1898. 


Ptate  and 
military  aid 


Ohap.  46.   ^'^  ^CT  MAKING  APPKOPHIATIONS  FOR  THE  PAYMKNT   OF   STATE   AND 
MILITAIJV   AID   AND    EXPENSES   IN   CONNECTION   THEUEWITU. 

Be  it  enacted^  etc.,  as  foHoios : 
Appropriations.  Section  1.  Thc  suuis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the.  year  endins;  on  the 
thirt^'^-tirst  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  reiml)ursement  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  eighty-three  thousand  dollars,  the  same  to  be 
paid  on  or  ])efore  the  first  day  of  December  in  the  3'ear 
eighteen  hundred  and  ninety-eight. 

For  the  salary  of  the  commissioner  of  state  aid  ap- 
pointed by  the  governor  and  council,  twenty-tive  hundred 
dollars. 

For  clerical  assistance,  salaries  and  expenses  of  agents, 
and  other  expenses  of  the  commissioners  of  state  aid, 
a  sum  not  exceeding  eight  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  exceeding  five  hundred  dollars. 

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

Approved  February  10,  1898. 


Commissioner 
of  stale  aid. 


Clerical  assist- 
ance, etc. 


Expenses. 


Okap.47.   -'^^   -^CT  MAKING    AN   APPROPRIATION   FOR   OPERATING    THE    NEPON- 
SET  KIVER  VALLEY   SYSTEM   OF   SEAVAGE    DISPOSAL. 


Neponset  river 
valley  system 
of  sewage 
diepoeal. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  one  thousand  dollars 
is  hereby  appropriated,  to  be  })aid  out  of  the  treasury  of 
the  Commonwealth  from  tlu^  ordinary  revenue,  for  the  cost 
of  maintenance  and  operation  of  the  Neponset  river  valley 
system  of  sewage  disposal  during  the  year  ending  on  the 
thirty-fir.st  day  of  December  in  the  year  eighteen  hundred 
and  ninety-eight,  said  sum  to  be  in  addition  to  the  unex- 


Acts,  1898.  — Chaps.  48,  49.  29 

pended  assessments  made  in  the  years  eighteen  hundred 
and  ninety-six  and  oiiihtecn  hiiiuh'ed  and  ninety-seven. 
Section  2.     This  act  shall  take  ett'ect  upon  its  passage. 

Approved  Februai-y  10 ^  1898. 


Chap  AS. 


An  Act  making  an  appropriation  for  opkrating  the  north 
metkol'olitan  svstkm  ok  sewerage. 

Be  it  enacted^  etc. ,  rt.s  J'olloics  : 

Section  1.  A  sum  not  exceeding  twenty -three  thou- North  Metro- 
sand  five  hundred  dollars  is  hereby  appropriated,  to  be  of' seweragl!" 
paid  out  of  the  treasury  of  the  Commonwealth  fi'om  the 
ordinary  revenue,  for  the  purpose  of  providing  for  the 
cost  of  the  maintenance  and  oi)eration  of  the  system  of 
sewage  disposal  for  the  cities  of  Boston,  Cambridge,  Soni- 
erville,  ^Maiden,  Chelsea,  AVoburn,  Medford  and  Everett, 
and  the  towns  of  Stoneham,  Melrose,  Winchester,  Arling- 
ton and  Belmont,  known  as  the  North  Metropolitan  Sys- 
tem, during  the  year  ending  on  the  thirty-first  day  of 
Deceml)er  in  the  year  eighteen  hundred  and  ninety-eight, 
said  sum  to  be  in  addition  to  the  amount  of  the  unex- 
pended assessments  now  in  the  treasury  of  the  Common- 
wealth. 

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

Approved  February  10,  1898. 

An  Act  making  appropriations  for  salaries  and  expenses  in  Qhnrfi  49 

THE  OFFICE  OF  THE  COMMISSIONERS  OF   PRISONS,  AND   FOR   SUNDRY 
reformatory   EXPENSES. 

Be  it  enacted,  etc.,  as  folloios: 

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  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  salary  of  the  secretary  of  the  commissioners  of  ^°^;ig'o,'^°°"^ 
prisons,  twenty-five  hundred  dollars.  Becretary. 

For  clerical  assistance  in  the  ofiice  of  the  commissioners  clerical  assist. 
of  prisons,  a  sum  not  exceeding  twenty-eight  hundred  " 
dollars. 

For  the  salaries  of  the  agents  of  the  commissioners  of  ^se.ns. 
prisons,  fifty-two  hundred  dollars. 

For  travellinir  expenses  of  the  commissioners  of  prisons.  Travelling 

^-^         ■■  expenses. 


30 


Acts,  1898.  — Chap.  50. 


ExpeDBes. 


Agent  for  aid- 
iug  discharged 
female  pris- 
oners. 
Expenses. 


Aiding  prison. 
er»  discharKed 
from  reform- 
atory. 

Aiding  prison- 
ers  discliarged 
from  state 
prison. 
Removal  of 
prisoners. 


and  of  the  secretary  and  agents  of  said  commissioners,  a 
sum  not  cxceedinii'  twenty-tive  liundred  dollar.s. 

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

For  the  salary  of  the  agent  for  aiding  dif^charged  female 
prisoners,  a  sum  not  exceeding  one  thousand  dollars. 

For  the  expenses  of  the  agent  for  aiding  female  pris- 
oners discharged  from  the  prisons  of  the  Commonwealth, 
including  assistance  rendered  to  said  prisoners,  a  sum  not 
exceeding  three  thousand  dollars. 

For  aiding  prisoners  discharged  from  the  Massachu- 
setts reformatory,  a  sum  not  exceeding  five  thousand 
dollars. 

For  aiding  prisoners  discharged  from  the  state  prison, 
a  sum  not  exceedinof  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  effect  upon  its  passage. 

Approved  February  11^  1898. 


Chan.  50.  ^^  ^^^  making  appropriations  for  salaries  and  expenses  of 

THE   DISTRICT  POLICE. 

Be  it  enacted,  etc.,  as  follows: 

Appropriations.  SECTION  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  ti"easury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  3'ear  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  salary  of  the  chief  of  the  district  police,  a  sum 
not  exceeding  twenty-five  hundred  dollars. 

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

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

For  the  compensation  of  the  members  of  the  district 
police,  a  sum  not  exceeding  sixty-five  thousand  dol- 
lars. 

For  travelling  expenses  of  the  members  of  the  district 
police,  a  sum  not  exceeding  tw.enty-one  thousand  three 
hundred  dollars. 

For  incidental  and  contingent  expenses  of  the  chief  and 


Chief  of  district 
police. 


First  clerk. 


Second  clerk. 


Members  of 
district  police 


Travelling 
expenses. 


jDcidental 
expenses,  etc 


Acts,  1808.— Chaps.  51,  52.  31 

members  of  the  district  police,  :i  sum  not  exceeding  two 
thousand  dollars. 

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

Aj)proved  February  12,  1898. 


Chap.  51. 


An  Act  making  an  appropriation  for  the  erection  of  a  new 
prison  liuiluing  at  the  state  farm. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  thirty-seven  thou-  state  farm. 
sand  live  hundred  dollars  is  hereby  a})propriated,  to  be 
l)aid  out  of  the  treasury  of  the  Commonwealth  from  the 
ordinary  revenue,  for  the  puri)ose  of  erecting  a  new 
))rison  building  at  the  state  farm,  as  authorized  by  ohapter 
tifty-seven  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety-seven,  to  be  expended  under  the  direction  of 
the  trustees  and  superintendent  thereof. 

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

Approved  February  12,  1898. 

Ax  Act  to  authorize  fire  district  number  one  in  the  town  (JJid'T)  52 
OF  south  hadley  to  issue  bonds,  notes  or  scrip. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Fire  District  Number  One  in  the  town  southHadiey 
of  South  Hadley,  for  the  purpose  of  paying  the  damages  mter'Loan. 
and  expenses  of  its  recent  taking  of  land  in  the  city  of 
Chicopee  and  town  of  South  Hadley  to  protect  its  water 
supply,  is  hereby  authorized  to  issue  bonds,  notes  or  scrip 
to  an  amount  not  exceedinij:  in  the  aggregate  ten  thousand 
dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  the  face 
the  Mords,  South  Hadley  Fire  District  Water  Loan,  shall 
be  payable  at  periods  not  exceeding  thirty  years  from  the 
date  of  issue,  shall  bear  interest  at  a  rate  not  exceeding 
six  per  cent,  per  annum,  j)ayable  semi-annually,  and  shall 
be  signed  by  the  treasurer  and  prudential  committee  of 
the  district. 

Section  2.  The  said  fire  district  shall  provide  at  the  sinking  fund. 
time  of  contracting  said  loan  for  the  establishment  of  si 
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.  Such  sinking  fund  shall 
remain  inviolate  and  shall  be  used  for  no  other  purpose. 

Section  3.     This  act  shall  take  effect  upon  its  j^ssage. 

Approved  February  12,  1898. 


32 


Acts,  1898.  —  Chaps.  53,  54. 


Chap.  53. 


1894.  522,  §  13, 
amended. 


To  examine 
accounts  of 
receivers  of 
insolvent 
companies,  etc. 


May  examine 
receivers,  etc. 


To  certify  mis- 
conduct of 
receivers,  etc. 


Chap.  54. 


To  transmit 
lists  of  corpo- 
rate surety 
companies  to 
registers  of 
proljate  and 
Insolvency. 


An  Act  to  authorize  the  examinek  in  the  insurance  depakt^ 
ment  to  examine  the  accounts  ok  ijeceivkks  of  insolvent 
insurance  companies. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Section  thirteen  of  chaj)ter  five  hundred 
and  twenty-two  of  the  acts  of  the  year  eighteen  liundred 
and  ninety-four  is  hereby  amended  l)y  inserting  after  the 
word  "  deputy",  in  the  first  line  and  in  the  seventh  line, 
the  words  :  —  or  examiner,  —  so  as  to  read  as  follows  :  — 
Section  13.  He  or  his  deputy  or  examiner  shall  annually, 
and  oftener  if  there  seems  occasion,  examine  the  accounts 
and  transactions  of  all  receivers  of  insolvent  insurance 
comi:)anies ;  and  shall  also  carefully  examine  all  accounts 
of  such  receivers  referred  to  him  under  the  provisions  of 
section  ninety-five,  and  make  rejiort  thereof  to  the  court. 

For  the  above  purposes  he  or  his  deputy  or  examiner 
shall  have  free  access  to  the  official  books  and  papers  of 
such  receivers  relative  to  their  transactions,  and  may  ex- 
amine such  receivers  under  oath  as  to  all  matters  con- 
nected therewith. 

Whenever  in  his  opinion  any  receiver  has  violated  his 
duty  in  office,  or  further  proceedings  by  receivers  to  col- 
lect an  assessment  will  not  oft'er  substantial  relief  to  cred- 
itors, the  commissioner  shall  certify  the  facts  to  the  court 
having  jurisdiction  of  the  proceedings. 

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

Approved  February  12,  1S9S. 

An  Act  relative  to  the  duties  of  the  insurance   commis- 
sioner. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  insurance  commissioner  of  the  Com- 
monwealth shall  forthwith  transmit  to  each  register  of 
})robate  and  insolvency  a  list  of  all  corporate  surety  com- 
panies qualified  to  do  business  in  this  Commonwealth  so 
as  to  become  sureties  on  bonds,  and  whenever  new  com- 
panies become  qualified  so  to  do  bu.siness,  or  the  right  of 
qualified  cotni)anies  so  to  do  business  has  ceased  in  this 
Commonwealth,  the  names  of  such  companies  shall  forth- 
with be  transmitted  by  the  insurance  commissioner  to  said 
registers. 

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

Approved  February  12,  1898. 


Acts,  1898.  —  Chaps,  bb,  ^^6,  57.  33 

An  Act  to  f.xtexp  thk  powers  of  the  tkustkes  ok  Phillips  (^i  f,^  KK 

ACADEMY.  ^  * 

Be  it  eniicted,  etc.,  a^  follows: 

Section'    1.     The   Trustees   of  Phillips    Academy  are  Mayonfer 
hereby  authorized  and  empowered  to  confer  degrees  in  dKinUy!" 
divinity  upon  such  graduates  of  the  theological  seminary 
in  said  academy,  and  other  persons,  as  may  be  determined 
by  said  trustees  to  bo  suitable  candidates  for  such  degrees. 

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

Approved  February  12,  1S9S. 


Chap.  56. 


tice  in  the 
courts. 


An  Act  relative  to  the  admission  ok  persons  examined  kor 
admission  to  practice  in  the  courts  ok  the  commonwealth 
of  massachusetts. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  All  persons  who  petitioned  for  examina-  certain  persons 
tion,  and  who  were  examined  by  examiners  of  the  differ-  miued^o'prac- 
ent  counties  prior  to  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-eight,  may,  notwithstanding 
the  provisions  of  chapter  five  hundred  and  eight  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-seven,  be 
admitted  to  practice  in  the  courts  of  the  Commonwealth 
upon  recommendation  of  the  board  of  examiners  by  whom 
they  were  examined  prior  to  the  first  day  of  January  in 
the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  February  15,  1898. 


Chap.  57. 


An  Act  to  authorize  the  city  ok  newton  to  make  an  addi- 
tional WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  city  of  Newton,  for  the  purposes  Newton  water 
specified  in  chapter  three  hundred  and  forty-four  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-two,  en- 
titled "An  Act  to  supply  the  town  of  Newton  "uith 
water",  and  all  acts  in  amendment  thereof  and  in  addi- 
tion thereto  relating  to  a  water  supply  for  said  city  of 
Newton,  may  issue  notes,  bonds  or  scrip  from  time  to 
time,  signed  by  the  treasurer  and  countersigned  by  the 
ma3'or,  to  bo  denominated  on  the  face  thereof,  Newton 
Water  Loan,  to  an  amount  not  exceeding  three  hundred 
thousand  dollars  in  addition  to  the   amounts    heretofore 


3i  Acts,  1898.  — Chaps.  58,  59. 

authorized  by  law  to  be  issued  by  the  town  or  city  of 
Newton  for  the  same  purpose.  Said  notes,  l)onds  and 
scrip  shall  be  issued  upon  the  same  terms  and  conditions 
as  those  heretofore  issued  by  said  city  for  said  purpose, 
and  shall  be  omitted  in  ascertaining  the  amount  of  in- 
debtedness of  said  city  under  the  })rovisions  of  chapter 
twenty-nine  of  the  Public  Statutes.  The  whole  amount 
of  such  notes,  bonds  and  scrip  issued  by  said  town  and  city, 
together  with  those  already  authorized,  shall  not  exceed 
the  amount  of  two  million  three  hundred  thousand  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Apjyroved  February  II),  1898. 

ChCtV'  58.   ^^^  ^^'^  MAKING   APPROPRIATIONS   FOR  THE   SALARY  AND  EXPENSES 
OF   THE   COMMISSIONER   OF   PUBLIC   RECORDS. 

Be  it  enacted,  etc.,  as  follows : 

Appropriations.  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  hun- 
dred and  ninety-eight,  to  wit :  — 

of°™u'bHc'°"'"^        For  the  salary  of  the  commissioner  of  public  records, 

records,  twentj'-fivc  hundred  dollars. 

Expenses.  ^QT  travelling,  clerical  and   other  necessary  expenses 

of  the  commissioner  of  public  records,  a  sum  not  exceed- 
ing eighteen  hundred  and  ten  dollars. 

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

Approved  February  15,  1898. 

Chcip.  59.  ^^  -'^CT  MAKING  AN  APPROPRIATION  FOR  EXPENSES  IN  CONNEC- 
TION WITH  THE  EXTERMINATION  OF  CONTAGIOUS  DISEASES  AMONG 
HORSES,  CATTLE  AND   OTHER   ANIMALS. 

Be  it  enacted,  etc.,  asfolloios: 

of^cont"lMou«°  Section  1.  The  sum  of  twenty  thousand  dollars  is 
animai7*™°"^  hcrcby  appropriated,  to  be  paid  out  of  the  treasury  of 
the  Commonwealth  from  the  ordinary  revenue,  for  the 
l)urposc  of  meeting  expenses  in  connection  with  the  ex- 
termination of  contagious  diseases  among  horses,  cattle 
and  other  animals,  during  the  year  ending  on  the  thirty- 
first  day  of  Decemlwr  in  the  year  eighteen  hundred  and 
ninety-eight. 

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

Approved  February  15,  1898. 


Acts,  1808.  —  Chaps.  60,  61,  62.  35 


An  Act  making  an  appropriation  for  expenses  in  connection  (JJidy),  60. 

WITH  the  topographical  survey  and   map   of   MASSACHUSETTS. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  sum  hereinafter  mentioned  is  appro-  Appropriation. 
priatecl,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  determination  of  town  boundary  lines  and  all  fJi)o^aphicar 
necessary  expenses  in  connection  with  the  regular  work  survey,  etc. 
of  the  commission  on  topograpliioal  survey  and  map  of 
Massachusetts,    a    sum    not    exceeding    twenty    thousand 
dollars. 

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

Approved  February  16,  1898. 


Chap.  61. 


An  Act  to  extend  the  time  for  constructing  and  operating 

THE   TEMPLETON   STREET   RAILWAY. 

Be  it  enacted,  etc.,  as  folloivs  : 

Section  1.     Section  nine  of  chapter  two  hundred  and  amended.^  ^' 
five  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
six  is  hereby  amended  by  striking  out  the  word  "two", 
in  the  fourth  line,  and  inserting  in  place  thereof  the  word  : 
—  four,  —  so  as  to  read  as  follows  :  —  Section  9.      The  Authority  to 
authority  herein  granted  shall  cease  as  to  the  location  in  certain  con. 
any  town,  when  no  portion  of  the  proposed  road  has  been  ^"1°°*- 
built  and  put  in  operation  at  the  end  of  four  years  from 
the  passage  of  this  act. 

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

Approved  February  16,  1898. 

An  Act  making  appropriations  for  salaries  of   employees,  QIkij)^  g2 

AND   other  necessary   EXPENSES   IN   THE    DEPARTMENT    OF    THE 
SERGEANT-AT-ARMS. 

Be  it  enacted,  etc.,  asfoUotvs: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  he  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-eight,  to  wit :  — 


36 


Acts,  1898.  — Chap.  62. 


Engineer's 
department. 


"Watchmen,  etc. 


Firemen,  etc. 


Elevators 


Special  messen- 
ger, etc. 


Telephones. 


Fuel  and  lights, 


Care  of  state 
house,  etc. 


Xew  fiirnitiire, 
etc. 

Meeeengers, 
etc. 


WidoTv  of 
James  N. 
Tolraan. 


Incidental 
expenses,  etc. 

Stenographer. 
Matron. 


Janitor,  Com- 
monwealth 
building. 


For  the  salaries  of  the  chief  engineer  and  other  em- 
ployees in  the  engineer's  department,  a  sum  not  exceed- 
ing ten  thousand  one  hundred  dollars. 

For  the  salaries  of  the  watchmen  and  assistant  watch- 
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 
state  house,  a  sum  not  exceeding  ten  thousand  five  hun- 
dred dollars. 

For  the  salaries  of  the  elevator  men,  and  expenses  in 
connection  with  the  elevators  at  the  state  house,  a  sum  not 
exceeding  sixty-eight  hundred  dollars. 

For  the  salaries  of  the  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 
therewith  at  the  state  house,  a  sum  not  exceeding  five 
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  l)uildings  on  Blount 
Vernon  street  now  occupied  by  state  departments,  a  sum 
not  exceeding  twenty-five  thousand  dollars. 

For  new  furniture  and  fixtures,  a  sum  not  exceeding 
five  thousand  dollars. 

For  the  salaries  of  the  messengers  to  the  scrgeant-at- 
arms,  known  as  scrgeant-at-arms'  messengers,  including 
an  office  boy,  a  sum  not  exceeding  forty-two  hundred 
dollars. 

For  the  widow  of  the  late  James  X.  Tolman,  as  au- 
thorized by  chapter  thirty-eight  of  the  resolves  of  the 
year  eighteen  hundred  and  ninety-seven,  the  sum  of  two 
hundred  and  fifty-six  dollars  and  sixty-seven  cents. 

For  incidental  and  contingent  expenses  of  the  sergcant- 
at-arms,  a  sum  not  exceeding  three  hundred  dollars. 

For  the  salary  of  the  stenographer  of  the  scrgeant-at- 
arms,  a  sum  not  exceeding  eight  hundred  dollars. 

For  the  salary  of  the  state  house  matron,  a  sum  not 
exceeding:  eiffht  liundred  dollars. 

For  the  salary  of  the  janitor  at  the  Commonwealth 
buildinir,  a  sum  not  exceeding  nine  hundred  dollars. 


Acts,  1898. —  Chap.  68.  37 

For  repairs,  improvements,  furniture  and  other  neces-  Repairs,  etc. 
sary  expenses  at  the  Commonwealth  l)uilding,  a  sum  not 
exceeding  live  thousand  dollars. 

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

Approved  February  16,  1898. 


Chajp.  63. 


An  Act  to  confer  certain  powers  upon  the  city  of  newton 
IN  respect  to  water  courses  in  said  city. 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .  The  city  of  Newton  for  drainage  })urposes  May  take  laud 
or  for  the  })rotection  of  the  ])uhlic  health,  or  both,  may  purpose»^etc. 
within  the  limits  of  said  city,  from  time  to  time,  improve 
the  brooks  and  natural  streams  flowing  in  or  through  said 
city  or  any  portion  thereof,  by  widening  the  same,  remov- 
ing obstructions  in  or  over  the  same,  diverting  the  water, 
altering  the  courses  or  deepening  the  channels  thereof,  and 
the  more  eflectually  to  make  said  improvements  may  take 
land  in  fee  simple  or  otherwise  on  either  side  of  the  present 
channels  of  any  such  brook  or  natural  stream,  or  may  take 
land  to  form  new  channels  into  which  said  waters  or  any 
surface  waters  may  be  diverted  within  the  limits  of  said 
city. 

Section  2.     When  land  is  taken  by  virtue  of  the  pre-  Proceedings. 
ceding  section  the  proceedings  shall  be  the  same  as  in  the 
laying  out  of  ways  in  said  city. 

Section  3.     Damages  occasioned    by  the    making   of  Damages. 
said  improvements  shall  be  ascertained  and  recovered  as 
in  the  laying  out  of  ways  in  said  city. 

Section  4.     At  any  time  within  two  years  after  any  certain  reai 

,  ,  .  !.'•  •  \        •  I        •        •  1-  '      eKtate  may  be 

t)rook  or  natural  stream  in  said  city  is  improved  in  any  assessed  u  pro- 
of the  ways  mentioned  in  the  first  section  of  this  act,  of  expens'e!'*^'''^*' 
under  an  order  declaring  the  same  to  be  done  under  the 
provisions  of  law  authorizing  the  assessment  of  better- 
ments, if  in  the  opinion  of  the  board  of  aldermen  of  said 
city  any  real  estate  in  said  city,  including  that,  if  anv, 
of  which  a  part  is  taken  therefor,  receives  any  benefit  or 
advantage  therefrom  ])cvond  the  general  advantages  to  all 
real  estate  in  said  city,  the  board  may  determine  the  value 
of  said  beneiit  and  advantage  to  such  real  estate,  and  may 
assess  upon  the  same  a  proportionate  share  of  the  expense 
of  making  such  improvement ;  but  no  such  assessment  shall 
exceed  one  half  of  such  adjudged  benefit  and  advantage, 
nor  shall  the  same  be  made  until  the  work  of  makinir  such 


V 


38  Acts,  1898.  —  Chaps.  64,  65. 

^oufof^aw  to    improvement  is  completed.     All  laws  now  or  hereafter  in 
apply.  force  in  relation  to  the  assessment  and  collection  of  better- 

ments in  the  case  of  the  laying  out,  altering,  widening, 
grading  or  discontinuing  of  ways  in  said  city  shall,  so  far 
as  the  same  are  applicable  and  not  inconsistent  with  the 
provisions  of  this  act,  apply  to  the  doings  of  the  board 
of  aldermen  under  this  act ;  and  all  persons  upon  whose 
estates  betterments  are  assessed  under  the  provisions  of 
this  act,  who  are  aggrieved  thcrel)y,  shall  have  the  same 
remedies  as  are  now  or  may  hereafter  be  provided  by  law 
for  persons  aggrieved  by  the  assessment  or  levy  of  l)etter- 
ments  in  the  laying  out  of  ways  in  said  city. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  16,  1898. 

CllCLT).  64.  -^^  -^^'^  RELATIVE  TO  CERTIFICATES  AND  RETURNS  OF  COHPORATIONS. 

Be  it  enacted,  etc.,  as  follows : 
1897, 492  §2,  SECTION  1.     Scctlou  two  of  chaotcr  four  hundred  and 

amended.  ,  />i  .1  -i 

nniety-two  of  the  acts  oi  the  year  eighteen  hundred  and 
ninety-seven  is  hereby  amended  by  striking  out  all  after 
the  word  "shall",  in  the  second  line,  and  inserting  in 
place  thereof  the  words  :  —  be  sworn  to  the  faithful  per- 
formance of  his  duties  by  some  justice  of  the  peace  or 
other  magistrate  duly  authorized  to  administer  oaths  or 
affirmations  ;  and  evidence  of  such  appointment  and  quali- 
fication shall  be  filed  in  the  office  of  the  connnissioner  of 

Auditorsofcer- corporations,  —  so  as  to    read    as    follows:  —  /Section  2. 

uon/u!  qualify.  Evciy  audltor  appointed  under  the  provisions  of  this  act 
shall  be  sworn  to  the  faithful  performance  of  his  duties 
by  some  justice  of  the  peace  or  other  magistrate  duly  au- 
thorized to  administer  oaths  or  affirmations  ;  and  evidence 
of  such  ap])ointment  and  (jualification  shall  be  filed  in  the 
office  of  the  commissioner  of  corporations. 

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

Approved  February  16,  1898. 

OhaiJ    65  ^^   ^^^  RELATIVE   TO   THE   DISTKIBUTIUN   OF   TRUST   ESTATES. 

Be  it  oiacted,  etc.,  as  follows: 
Certain  tn.Mt  SectionI.     Wlicncver  bv  the  provisions  of  a  written 

estiites  may  be      ^  ^      J  1  _ 

converted  into    instrumcut  a  trust  estate  is  to  be  distributed  in  whole  or 

ti'ibution, etc.     in  part  among  the  heirs  or  next  of  kin  of  any  person  or 

persons,   or  to  a  class  of  ])ersons,  the  prol)ate  court,  on 

the  application  of  any  person  interested,  after  such  notice 


Acts,  1898.  — Chap.  66.  59 

as  it  may  direct,  may  order  the  said  estate,  both  real  and 
personal,  or  either,  to  he  converted  into  cash,  and  distri- 
bution thereof  to  be  made  to  siicli  individual  or  individ- 
uals as,  according  to  such  instrument,  seem  to  be  entitled 
thereto,  and  such  order  of  distribution  shall  protect  the 
trustee  obeying  the  same  as  fully  as  an  order  of  distribu- 
tion in  the  case  of  an  intestate  estate. 

Section  2.     Whenever  the  residence  of  a  person   to  shares  due  to 
whom  is  payable  any  portion  of  the  trust  fund  under  such  may"ileh'i-"""^ 
an  order  of  distribution  is  unknown,  or  whenever  such  a  nested,  etc. 
person  is  under  the  age  of  twenty-one  years,  and  has  no 
legal  guardian,  the  court  may,  on  being  satisfied  of  said 
fact,  direct  that  the  share  due  to  such  person  be  deposited 
or  invested  in  the  manner  provided  in  section  sixteen  of 
chapter  one  hundred  and  forty-four  of  the  Public  Statutes, 
and  subject  to  the  provisions  thereof. 

Approved  February  17,  1898. 

An  Act  to  incorporate  tue  falmouth  avatek  company.        Chnrt  Ci\ 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     John  S.  Bleakie,  liobert  Bleakie,  William  Falmouth 
H.   Hewins,   George  E.   Dean,   Horace   S.   Crowell   and  Slu';;or"-' 
Phineas  W.  Sprague,  their  associates  and  successors,  are  i'°'^'ed. 
hereby  made  a  corporation  by  the  name  of  the  Falmouth 
Water  Company,  for  the  purpose  of  supplying  the  in- 
habitants of  the  town  of  Falmouth  with  water  for  the 
extinguishment  of  fires  and  for  domestic,  manufacturing, 
and  all  other  purposes  ;  with  all  the  powers  and  privi- 
leges and  subject  to  all  the  duties,  restrictions  and  liabil- 
ities set  forth  in  all  general  laws  which  now  are  or  may 
hereafter  be  in  force  applicable  to  such  corporations. 

Section  2.     Said  corporation  may  purchase  from  the  May  take  cer- 

.      -E.     .  -r       ,  7  1         .1  tain  laiidH, 

owner  or  owners,  individual  or  corporate,  and  said  owner  waters,  etc. 
or  owners  may  sell  to  said  corporation,  any  lands,  springs, 
or  dug  or  driven  wells,  the  quality  of  whose  waters  are 
approved  by  the  state  board  of  health  for  domestic  use, 
or  any  water  pipes,  pumps,  pumping  machinery  or  struct- 
ures, a])pli:inces,  easements  or  other  })roperty  rights  or 
franchises  now  used  in  furnishing  the  inhabitants  of  said 
town  or  any  portion  thereof  with  water,  and  all  the  estate, 
rights  and  privileges  of  said  owners  therein.  Said  cor- 
poration for  the  purposes  aforesaid  may  also  take  by 
purchase  or  otherwise  and  hold  the  waters  of  any  brook, 
stream,  pond,  spring,  or  artesian,  dug  or  driven  well  or 


40 


Acts,  1898.  — Chap.  66. 


May  erect 
siiuctureH,  lay 
down  pipes, 
etc. 


Deecrlption  of 
litiidB,  cti;.,  to 
be  recorded. 


wells,  within  said  town,  and  all  the  waters  connected 
therewith,  the  water  for  domestic  use  to  be  approved  by 
the  state  board  of  health,  and  also  all  lands,  ri<jhts  of 
way  and  easements  necessary  for  digpfing,  driving,  con- 
structing and  maintaining  such  well  or  wells  and  for  hold- 
ing and  preserving  the  waters  aforesaid  and  conveying  the 
same  to  any  ])art  of  said  town  ;  and  may  erect  on  the  land 
thus  taken  or  held  proper  dams,  filter  galleries,  reservoirs, 
stand  pipes,  buildings,  fixtures  and  other  structures,  and 
may  make  excavations,  procure  and  operate  machinery, 
and  provide  such  other  appliances  as  may  be  necessary 
for  holding,  storing,  preserving  and  conveying  the  waters 
herein  authorized  to  be  taken,  and  for  the  establishment 
and  maintenance  of  complete  and  elFective  water  works ; 
and  may  construct  and  lay  down  conduits,  })ipes  and 
other  works,  under  or  over  any  lands,  water  courses, 
railroads  or  ])ublic  or  private  ways  of  any  kind,  and 
along  any  such  ways  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same  ;  and  for  the  puri)ose  of  constructing, 
maintaining  and  repairing  such  conduits,  pipes  and  other 
works,  and  for  all  proper  purposes  of  this  act,  said  cor- 
poration may  enter  upon,  dig  up,  raise  and  embank  any 
such  lands  and  ways  :  provided,  however,  that  said  cor- 
poration shall  not  enter  upon  and  dig  up,  raise  and  em- 
bank any  public  ways  except  u})on  ap])roval  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  publishing  an  attested  copy 
of  said  notice  in  a  newspaper  published  in  said  town,  if 
any,  and  by  posting  an  attested  copy  of  said  notice  in  at 
least  five  public  places  in  said  town  ;  and  provided,  further, 
that  no  hearing  shall  be  necessary  in  cases  where  said  ways 
are  to  be  entered  ujjon  and  dug  up  by  said  corporation  for 
the  purposes  of  constructing  extensions  to  its  ])lant  and 
maintaining  and  repairing  such  conduits,  pipes  and  other 
works. 

Section  8.  Said  corporation  shall  within  sixty  days 
after  the  taking  of  any  lands,  rights  of  way,  water,  water 
rights,  water  sources  or  easements  as  aforesaid,  otherwise 
than  by  purchase,  file  and  cause  to  be  recorded  in  the  reg- 
istry of  deeds  for  the  county  and  district  in  which  the 
same  are  situated  a  description  thereof  sufficiently  accu- 
rate for  identification,  with  a  statement  of  the  purposes 
for  which  the  same  were  taken,  signed  by  the  jiresident 
of  the  corporation. 


Acts,  1898.  — Chap.  66.  41 

Section  4.  Said  corporation  shall  \)tiy  all  damag:es  Damages, 
su.stained  by  any  })ers()n  in  property  by  the  taking  of  any 
land,  right  of  way,  water,  water  source,  water  right  or 
easement,  or  by  any  other  thing  done  by  said  corporation 
under  the  authority  of  this  act.  Any  person  sustaining 
danuiijes  as  aforesaid  under  this  act,  who  fails  to  acree 
with  said  corporation  as  to  the  amount  of  the  damages 
sustained,  may  have  the  damages  assessed  and  determined 
in  the  manner  jn-ovided  by  law  when  land  is  taken  for  the 
laying  out  of  highways,  on  application  at  any  time  within 
the  })eriod  of  one  year  from  the  taking  of  such  land  or 
other  property  or  the  doing  of  other  injury  under  the 
authority  of  this  act ;  but  no  such  application  shall  be 
made  after  the  expiration  of  one  year.  No  application  for 
the  assessment  of  damages  shall  be  made  for  the  taking 
of  any  water,  water  source  or  water  right,  or  for  any  in- 
jury tliereto,  until  the  water  is  actually  withdrawn  or 
diverted  by  said  corporation  under  the  authority  of  this 
act,  nor  after  one  year  from  the  date  of  such  actual  with- 
drawal or  diversion. 

SfXTiox  5.     Said  corporation  may  by  vote  from  time  May  determine 
to  time  tix  and   determine  what  amount  or  quantity  of  water"to"be 
water  it  proposes  to  take  and  appropriate  under  this  act,  taken,  etc. 
in  which  case  the  damages  for  such  taking  shall  be  based 
upon  such  amount  or  quantity  until  the  same  shall  be  in- 
creased by  vote  or  otherwise,  in  which  event  said  corpora- 
tion shall  be  further  liable  pro  rata  for  the  additional  water 
taken. 

Section  G.  Said  corporation  may  distribute  water  Distribution  of 
through  said  town  of  Falmouth  or  any  part  thereof,  may  '*'"^'''*'^- 
regulate  the  use  of  said  water  and  hx  and  collect  water 
rates  to  be  paid  for  the  use  of  the  same  ;  and  said  town 
or  any  lire  district  established  or  that  may  hereafter  be 
established  therein,  or  any  individual  or  corporation,  may 
make  such  contracts  with  said  water  company  to  supply 
water  for  the  extinguishment  of  tires  and  for  other  pur- 
poses as  may  be  agreed  upon  by  said  town,  tire  district, 
individual  or  corporation,  and  said  Falmouth  Water  Com- 
])any  ;  and  may  establish  and  maintain  public  fountains 
and  hydrants  and  relocate  or  discontimie  the  same.  Said 
water  comi)any  may  receive  and  hold  l)y  an  assignment 
any  contract  already  authorized  and  entered  into  by  said 
town  or  fire  district,  or  by  any  individual  or  corporation 
wiih  any  other  individual  or  corporation,  for  the  supply 
of  water  for  the  extinguishment  of  tires  or  for  any  other 


42 


Acts,  1898.  — Chap.  G6. 


Provisoa. 


Real  eutate  and 
capital  Block. 


Certificate  of 
payment  of 
capital  to  be 
tiled,  etc. 


May  fsHiie 
mnrtijago 
boudd    etc. 


purposes :  provided,  hoivever,  that  said  water  company 
shall,  before  furnishing  water  for  tire,  domestic,  manu- 
facturing or  other  purposes,  within  the  territory  now 
covered  by  the  charter  of  the  Falmouth  Heights  Water 
Company,  except  by  mutual  agreement,  acquire  by  pur- 
chase or  otherwise  the  property  and  rights  of  said  Fal- 
mouth Heights  Water  Company,  provided  the  water 
furnished  by  said  Falmouth  Heights  Water  Company  is 
of  quality  approved  by  the  state  board  of  health  for 
domestic  purposes.  And  it  is  further  provided  that 
nothing  in  this  act  shall  be  construed  as  enlarging  or 
diminishing  the  existing  rights  of  the  shareholders  in 
the  Falmouth  Highlands  Trust  under  chapter  two  hundred 
and  twenty-six  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one. 

Section  7.  Said  corporation  ma}-,  for  the  purposes 
set  forth  in  this  act,  hold  real  estate  not  exceeding  twenty- 
five  thousand  dollars  in  value,  and  the  whole  capital  stock 
of  said  corporation  shall  not  exceed  seventy-five  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars 
each. 

Section  8.  Immediately  after  the  payment  of  the 
capital  of  said  company  a  coi-tificatc  shall  l)e  signed  and 
sworn  to  by  its  president,  treasurer,  and  at  least  a  major- 
ity of  the  directors,  stating  the  fact  of  such  payment,  the 
manner  in  which  the  same  has  l)een  jiaid  in,  and  the  man- 
ner in  which  such  capital  has  been  invested  or  voted  l)y 
the  corporation  to  be  invested  at  the  time  of  making  the 
certificate.  Such  certificate  shall  be  approved  l)y  the  com- 
missioner of  corporations  and  shall  lie  filed  in  the  oflice 
of  the  secretary  of  the  Commonwealth.  A  conveyance 
to  the  corporation  of  property,  real  or  personal,  at  a  fair 
valuation,  shall  be  deemed  a  sufficient  paying  in  of  the 
capital  stock  to  the  extent  of  such  value,  if  a  statement 
is  included  in  the  certiticate,  made,  signed  and  sworn  to 
l)y  its  president,  treasurer,  and  a  majority  of  its  directors, 
giving  a  description  of  such  proj)erty  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  cerlificato  that  he  is  satistied  that 
said  valuation  is  fair  and  reasonable. 

Section  9.  Said  corporation  may  issue  bonds  and 
secure  the  same  by  a  mortgage  on  its  franchise  and  other 
])roperty  to  an  amount  not  exceeding  its  capital  stock 
actually  paid  in.     The  })i-oceeds  of  all  bonds  so    issued 


Acts,  1898.  — Chap.  66.  43 

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  10.     The  capital  stock  and  bonds  hereinbefore  issue  of  stock- 
authorized  shall  be  issued  only  in  such  amounts  as  may  upproved''by"  ^" 
from  time  to  time  upon  investi^jation  by  the  conmiissioner  oTco"rporation8. 
of  corporations  be  deemed  by  him  to  be  reasonably  requi- 
site for  the  purposes  for  which  such  issue  of  stock  or  bonds 
has  been  authorized.     His  decision  approving  such  issue 
shall  specify  the  respective  amounts  of  stock  and  bonds 
authorized  to  ))e  issued,  and  the  purposes  to  which  the 
proceeds  thereof  are  to  be  applied.     A  certificate  settin<2,- 
forth  his  decision  shall  be  filed  in  the  office  of  the  secre- 
tary of  the  Connnonwealth  before  the  certificates  of  stock 
or  the  bonds  are  issued,  and  the  proceeds  of  such  stock 
or  bonds  shall  not  be  applied  to  any  jiurposes  not  specified 
in  such  decision. 

Sectiox  11.  Whoever  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  ^11^^"°°° 
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  the 
damages  assessed  therefor,  to  l)e  recovered  in  an  action 
of  tort ;  and  upon  conviction  of  either  of  the  above  wil- 
ful and  wanton  acts  shall  be  punished  by  a  fine  not  ex- 
ceedinp:  three  hundred  dollars  or  by  imprisonment  not 
exceeding  one  year. 

Section  12.  Said  town  of  Falmouth  shall  have  the  Town  may  take 
right  at  any  time  to  take,  by  purchase  or  otherwise,  the  propeny%tc. 
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  the  purchase  or  taking,  as  herein  provided, 
at  the  rate  of  five  per  cent,  per  annum.  If  the  cost  of 
maintaining  and  operating  the  works  of  said  corporation 
shall  exceed  in  any  year  the  income  derived  from  said 
works  l)y  said  corporation  for  that  year,  then  such  excess 
shall  he  added  to  the  total  cost ;  and  if  the  income  de- 
rived from  said  works  by  said  corporation  exceeds  in  any 
year  the  cost  of  maintaining  and  ojxTating  said  woiks  for 
that  year,  then  such  excess  shall   be  deducted  from   the 


44 


Acts,  1898.  — Chap.  66. 


Statement  of 
receipts  and 
expenditures 
to  be  submitted 
annually,  etc. 


In  case  of  dis- 
agreement 
supreme  judi- 
cial court  to  tix 
cost,  etc. 


Taking  to  be 
assented  to  by 
a  two  thirds 
vote 


Proviso. 


Falmouth 
Water  Loan. 


Payment  of 
loan. 


total  cost.  An  itemized  statement  of  the  receipts  and 
expenditures  of  said  corporation  shall  l)e  annuall;^  sub- 
mitted to  the  selectmen  of  the  town  of  Falmouth,  and 
by  said  selectmen  to  the  citizens  of  said  town.  Said  town 
on  taking  as  herein  provided  the  property  of  said  corpora- 
tion shall  assume  all  of  its  outstanding  obligations,  in- 
eluding  the  bonds  authorized  in  this  act,  and  said  bonds 
shall,  ui)on  request  of  the  holders  thereof,  bear  a  certifi- 
cate from  the  town  treasurer  that  the  principal  and  inter- 
est when  due  shall  be  paid,  as  therein  set  forth,  by  said 
town.  The  amount  of  Ijonds  thus  assumed  shall  be  de- 
ducted from  the  total  amount  to  be  paid  l)y  said  town  to 
said  corporation.  In  case  said  town  shall  have  voted  to 
})urchase  of  said  corporation  its  franchise,  corporate  proj)- 
erty,  rights  and  privileges,  and  cannot  agree  with  said 
corporation  upon  the  amount  of  the  total  actual  cost 
thereof,  then  upon  a  suit  in  equity  l)y  either  said  town 
or  said  corporation  the  supreme  judicial  court  shall  ascer- 
tain and  fix  such  total  actual  cost  under  the  foregoing  pro- 
visions of  this  act,  and  shall  enforce  the  right  of  said  town 
to  take  possession  of  said  franchise,  corporate  property, 
rights  and  privileges,  upon  the  payment  of  such  cost  to 
said  corporation.  This  authority  to  take  said  franchise 
and  property  is  granted  on  condition  that  the  same  is 
assented  to  by  said  town  by  a  two  thirds  vote  of  the 
voters  present  and  voting  thereon  at  a  meeting  called  for 
that  ])urpose :  j^rovided,  that  no  more  than  three  such 
meetings  shall  ])e  held  in  any  one  year. 

Section  13.  Said  town  may,  for  the  purpose  of  pa}'- 
ing  the  cost  of  said  franchise  and  corporate  property  and 
the  liabilities  and  the  necessary  expenses  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  fifty  thousand  dollars  ;  such  bonds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  r'almouth 
Water  Loan  ;  shall  be  payabh;  at  the  expiration  of  i)eri()(ls 
not  exceeding  thirty  years  from  tiie  date  of  issue;  shall 
l)ear  interest,  payable  semi-annually,  at  a  rate  not  exceed- 
ing six  ])er  cent,  per  annum,  and  shall  be  signed  by  the 
treasurer  of  the  town  and  countersigned  by  the  water 
commissioners  hei-einaftor  )>l•o^■ided  for.  Said  town  may 
sell  such  securities  at  j)ublic  or  private  sale  or  })Iedge  the 
same  for  money  borrowed  for  the  purposes  of  this  act 
upon  such  terms  and  conditions  as  it  may  deem  proper. 
Said  town  shall  pay  the  interest  on  said  loan  as  it  accrues, 


Acts,  1898.  — Chap.  66.  45 

and  shall  provide  for  the  payment  of  said  principal  at 
maturity,  by  establishing  at  the  time  of  contracting  said 
debt  a  sinking  fund,  or  from  year  to  year  by  such  pro[)or- 
tionate  payments  as  will  extinguish  the  same  within  the 
time  prescribed  by  this  act.  In  case  said  town  shall  de- 
cide to  establish  a  sinking  fund  it  shall  contribute  thereto 
annually  a  sum  of  money  sufficient  with  its  accumulations 
to  pay  the  principal  of  said  loan  at  maturity  ;  and  said 
sinking  fund  shall  remain  inviolate  and  pledged  to  the 
payment  of  said  debt  and  shall  be  used  for  no  other  pur- 
pose. If  said  town  shall  decide  to  pay  the  principal  of 
said  loan  by  instalments  such  amounts  as  may  be  neces- 
sary to  make  such  payments  shall  without  further  vote 
of  said  town  be  raised  annually  by  taxation,  in  the  same 
manner  as  money  is  raised  for  other  town  expenses. 

Section  14.     Said  town  shall,  after  its  purchase  of  said  water  commis- 

'  .1  sioners,  elec- 

franchise  and  corporate  property  as  provided  in  this  act,  tion,  terms. 
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  succeeding 
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  15.  All  the  authority  granted  to  said  town  Powers, duties, 
by  this  act  and  not  otherwise  specitically  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- 
missioners shall  be  trustees  of  the  sinking  fund  herein 
provided  for,  and  a  majority  of  said  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business  rela- 
tive both  to  the  w'ater  works  and  to  the  sinking  fund. 
Any  vacancy  occurring  in  said  board  from  any  cause  may 
be  tilled  for  the  remainder  of  the  unexpired  term  by  said 
town  at  any  legal  meeting  called  for  the  purpose. 

Section  1G.  Said  town  shall  raise  annually  b}-  taxa-  Payment  of 
tion  a  sum  which  with  the  income  derived  from  the  water  ^^p""*®** 
rates  will  be  sufficient  to  ])ay  the  current  annual  expenses 
of  oj)erating  its  water  works  and  the  interest  as  it  accrues 
on  the  bonds,  notes  or  scrip  issued  as  aforesaid  by  said 
town,  or  the  bonds  of  said  corporation  assumed  by  said 
town,  if  any,  and  to  make  such  contributions  to  the  sink- 
ing fund  as  may  be  required  under  the  provisions  of  this 


'# 


46  Acts,  1898.  — Chaps.  67,  68. 

act.  Said  town  is  further  authorized,  by  a  two  thirds 
vote  of  the  voters  of  said  town  present  and  voting  at  any 
legal  meeting,  to  raise  by  taxation  any  sum  of  money  for 
the  purpose  of  enlarging  or  extending  its  water  works 
and  providing  additional  appliances  and  fixtures  connected 
therewith,  not  exceeding  five  thousand  dollars  in  any  one 
year. 
Sect"  ^^ '"'"'  Section  17.  This  act  shall  take  effect  upon  its  passage, 
but  shall  become  void  unless  said  water  company  shall  have 
commenced  to  distribute  water  through  its  pipes  to  con- 
sumers in  said  town  within  three  years  from  the  date  of 
its  passage.  Ajyj^roved  February  18,  1S98. 

Chap.  67.  ■^'^  -'^CT  TO  AUTHORIZE  THE  COMMISSIONER  OK  PUBLIC  RECORDS 
TO  EXPEND  MONEY  FOR  THE  PRESERVATION  OF  CERTAIN  PUBLIC 
RECORDS. 

Be  it  enacted,  etc.,  as  follows : 
1892, 333,  §  3,  Scctioii  thrcc  of  chapter  three  hundred  and  thirty-three 

amendea.  /•!  /•!  •!  iii  i        < 

ot  the  acts  oi  the  year  eighteen  hundred  and  ninety-two 
is  hereby  amended  by  adding  at  the  end  thereof  the  words  : 
—  and  for  that  purpose  he  may  expend  from  the  amount 
appropriated  for  expenses  such  sums  as  he  deems  neces- 
Dutiesofcom-  sary,  —  so  as  to  read  as  follows:  —  Section  3.  It  shall 
public  records,  be  the  duty  of  Said  commissioner  to  take  such  action  as 
may  be  necessary  to  put  the  public  records  of  the  counties, 
cities,  towns,  churches,  parishes  or  religious  societies  of 
the  Commonwealth,  in  the  custody  and  condition  contem- 
plated by  the  various  laws  relating  to  such  records,  and 
to  secure  their  preservation  ;  and  for  that  purpose  he  may 
expend  from  the  amount  appropriated  for  expenses  such 
sums  as  he  deems  necessary. 

Approved  February  18,  1898. 

ChClt).  68.  ^^  ^'^'^   RELATIVE   TO   THE   DECENNIAL   CENSUS. 

Be  it  enacted,  etc.,  as  folloios : 

^enTuT.''''  Section  1.     The  bureau  of  statistics  of  labor  is  hereby 

authorized  to  expend  the  sum  of  fifteen  thousand  dollars, 
in  addition  to  the  amount  authorized  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  tlie  year  eighteen  hundred  and 
ninety-five,  exclusive  of  the  cost  of  paper  for  schedules, 


Acts,  1898.  — Chaps.  69,  70.  4T 

and  of  printing,  stereotyping  and  l)inding  the   abstracts 
and  reports  of  said  census. 

Section  2.     Tliis  act  sliall  take  effect  upon  its  passage. 

Ap2^rovecl  February  IS,  1S9S. 


Chap.  69. 


An  Act  relative  to  the  probate  of  "vvii.ls,  the  granting  ok 

MCTTKKS    TESTAMENTAKV,    AND    THE    APPOINTMENT    OF    ADMINIS- 
TKATOUS   IN   CERTAIN   CASES. 

Be  it  enacted,  etc.,  asfoIloit\s: 

Section    1.      When   a  judge    or   register   of   probate  Appointment  of 
desires  to  be  appointed  administrator,  or  administrator  te^otpTOinfte' 
Avith  the  will  annexed,  of  the  estate  of  his  wife,  child,  irce^ilru'casls' 
father  or  mother,  residing  in  his  county,  or  the  executor  <^'<^- 
of  the  will  of  such   wife,  child,  father  or  mother,  such 
appointment  may  be  made  and  such  will  may  be  proved 
and  allowed,  and  all  subsequent  proceedings  authorized 
by  law  and  relating  to  the  estate  may  be  had,  in  the  pro- 
bate court  of  any  adjoining  county. 

Section  2.     The  register  of  probate  of  the  county  in  copyofpeti- 
which  such  appointment  is  made,  or  such  will   proved,  bond'ot".!*toba 
shall  forthwith  transmit  to  the  register  of  probate  of  the  f'''°^'"i^*««^- 
county  in   which  the  deceased  resided  or  of  which  said 
deceased  Avas  an  inhabitant,  a  true  and  attested  copy  of 
the  petition,  the  decree  thereon,  the  will  allowed,  if  any, 
the  bond  given  and  the  letters  of  administration  or  letters 
testamentary,  and  he  shall  thereafter  so  transmit  an  at- 
tested copy  of  any  inventory,  account,  affidavit  or  other 
paper  that  shall  be  filed  and  entered  on  the  docket,  and 
of  any  petition  on  which  a  decree  shall  be  made,  and  of 
the  decree  thereon. 

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

Approved  February  18,  1S98. 

An   Act  to  authorize   the  national   dock   and  warehouse  QJiqjj^'JO, 

COMPANY   to   hold   ADDITIONAL  REAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  National  Dock  and  "Warehouse  Com-  May  purchase 
pany  is  hereby  authorized  to  })urchase  and  hold,  for  the  tain  acuiitlonai 
]>uri)oses  and  with  the  powers  set  forth  in  chapter  twenty-  "^^"^  estate,  etc. 
six  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
five,  certain   real  estate  in  East  Boston  adjacent  to  that 
described  in  said  chapter,  and  bounded  and  described  as 
follows: — Northwesterly  on  Lewis  street,  northeasterly 


48 


Acts,  1898.  — Chap.  71. 


on  Sumner  street,  southeasterly  by  land  now  or  late  of 
the  Eastern  Railroad  Company,  and  southwesterly  on 
Webster  street,  with  all  the  privileges  and  appurtenances 
thereto  belonging. 

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

Approved  February  IS,  1898. 


Chap.ll. 


Appropriations. 


Secretary. 


Second  clerk. 


Cliief  of 
nrcliives 
(livifiion. 

Cashier. 


Extra  clerks 
and  raesseii- 
gers. 


Expenses. 


Arrangement 
of  records,  etc. 


Postage,  etc. 


Record  inks. 


Purchape  of 
histories. 


An  Act  makixc}  apfuopriations  for  salaries  and  expknsks  in 
the  department  ol'  the  secretary  of  the  commonwealth. 

Be  it  enacted,  etc. ,  as  follows : 

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

For  the  salary  of  the  secretary  of  the  Commonwealth, 
thirty-five  hundred  dollars. 

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

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

For  the  salary  of  the  chief  of  the  archives  division  in 
the  secretary's  department,  two  thousand  dollars. 

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

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

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

For  the  arrangement  and  preservation  of  state  records 
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  members 
of  the  general  court,  also  for  transportation  of  documents 
to  free  public  libraries,  a  sum  not  exceeding  twenty-five 
hundred  dollars. 

For  the  ])urchase  of  record  inks  for  ])ublic  records, 
under  the  direction  of  the  secretary,  a  sum  not  exceeding 
five  hundred  dollars. 

For  the  ))urchasc  of  histories  of  regiments,  batteries 
or  other  militarv  orsranizations  of  Massachusetts  volun- 


Acts,  1898.— Chap.  72.  49 

teers  who  served  in  the  late   war,  a   sum  not  exceeding 
throe  thousand  dolhirs. 

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

Approved  February  18 ^  1898. 


Ckap.72. 


An  Act  making  appropriations  for  salaries  and  expenses  in 
the  department  of  the  adjutant  general,  and  for  sundry 
other  military  expenses. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations, 
propriatcd,  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-eight,  to  wit :  — 

For  the  salary  of  the  adjutant  general,  thirty-six  hun-  Adjutant 

dred  dollars.  general. 

For  the  salary  of  the  first  clerk  of  the  adjutant  general,  Firstciork. 
twenty-two  hundred  dollars. 

For  the  salary  of  the  second  clerk  of  the  adjutant  gen-  second  oierk. 
eral,  sixteen  hundred  dollars. 

For  the  salary  of  an  additional  clerk  in  the  adjutant  ^g^^j!"""*^ 
general's  department,  two  thousand  dollars. 

For  the  salaries  of  the  two  extra  clerks  in  the  adjutant  ^ixtra  cierks. 
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  ance.^eto?'**'" 
general   may  deem  necessary,  and  for  compensation   of 
employees  at  the  state  arsenal,  a  sum  not  exceeding  sixty- 
three  hundred  dollars. 

For  compensation  of  officers  and  men  of  the  volunteer  Muuia  compen- 
militia,  a  sum  not  exceeding  one  hundred  and  nine  thou- 
sand dollars. 

For  transportation  of  officers  and  men  of  the  volunteer  Transportation. 
militia,  when  on  military  duty,  a  sum  not  exceeding  nine- 
teen thousand  dollars. 

For  incidental  and  contingent  expenses  in  the  adjutant  Expenses, 
general's  department,  a  sum  not  exceeding  four  thousand 
dollars. 

For  rent    of  brigade    and    battalion    headquarters  and^^"*"^^""''- 
company    armories,    a    sum    not    exceeding    thirty-seven 
thousand  dollars. 


50 


Acts,  1898.  —  Chap.  72. 


Quarter- 
Ill  :is<  tern' 
BupplieB. 

Espenaes. 


Camp  grouiifi. 


Milit.-iry  ac- 
counts. 


Record  of  oflB- 
cero,  Bailors, 
etc. 


Care  of  armo- 
riee,  etc. 


Janitors. 
Clothing. 
Rifle  practice. 


Surgeon  gen- 
eral. 


Medical  eup- 
l)lieB,  etc. 


Care,  etc.,  of 
U.S.  steamer 
Minuesota. 


Sale  of  grass  at 
camp  ground, 
etc. 


For  quartermasters'  supplies,  a  suiu  not  exceeding 
twenty-two  thousand  dollars. 

For  incidental  and  contingent  expenses  of  the  quarter- 
master general's  department,  a  sum  not  exceeding  five 
thousand  dollars. 

For  grading  and  care  of  the  camp  ground  of  the  Com- 
monwealth at  Framini!:ham,  a  sum  not  cxceedinjj:  one  thou- 
sand  dollars. 

For  military  accounts  in  connection  with  the  volunteer 
militia  not  otherwise  })rovided  for,  a  sum  not  exceeding 
four  thousand  dollars. 

For  expenses  in  connection  \vith  the  record  of  Massa- 
chusetts officers,  sailors  and  marines,  a  sum  not  exceed- 
ing tw^o  thousand  dollars. 

For  expenses  of  the  care,  heating,  lighting  and  furnish- 
ing the  armories  recently  erected  in  certain  cities  of  the 
Commonwealth,  for  the  use  of  the  volunteer  militia,  a 
sum  not  exceeding  twenty-two  thousand  dollars. 

For  services  of  janitors  of  certain  armories,  a  sum  not 
exceeding  seven  thousand  dollars. 

For  allowance  and  repairs  of  clothing  of  the  volunteer 
militia,  a  sum  not  exceeding  nine  thousand  dollars. 

For  expenses  in  connection  with  the  rifle  practice  of  the 
volunteer  militia,  a  sum  not  exceeding  fifteen  thousand 
dollars. 

For  the  salary  of  the  surgeon  general,  twelve  hundred 
dollars. 

For  medical  supplies  for  the  use  of  the  volunteer  militia, 
and  for  incidental  and  contingent  expenses  of  the  surgeon 
general,  a  sum  not  exceeding  two  thousand  dollars. 

For  care,  furnishing  and  repair  of  the  United  States 
steamer  Minnesota,  which  has  been  loaned  to  the  Com- 
monwealth and  is  now  being  used  as  an  armory  for  the 
naval  militia,  a  sum  not  exceeding  four  thousand  dollars. 

Any  sums  of  money  received  under  the  provisions  of 
section  eight^'-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- 
eight,  may  be  expended  by  the  quartermaster  general 
during  the  present  year,  under  the  direction  of  the  gov- 
ernor and  council,  for  the  construction  and  repair  of 
buildings  and  other  structures. 

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

Approved  February  IS,  1898. 


Acts,  1898.  —  Chaps.  73,  74,  75.  51 

An  Act  MAKING  APPROPRIATIONS   FOR   SALARIES   AND   EXPENSES   AT    fii  rro 

THE   STATE   PRISON.  0/?-a/?.  16, 

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-tirst  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  payment  of  salaries  at  the  state  prison,  a  sum  state  prison. 
not  exceeding  seventy-six  thousand  five  hundred  dollars. 

For  current  expenses  at  the  state  prison,  a  sum  not  Expenses. 
exceeding  eighty-eight  thousand  dollars. 

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

Approved  February  18, 1898. 


Chap.  74. 


An  Act  making  appropriations  for  salaries  and  expenses  at 

the  massachusetts  reformatory. 
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  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  payment  of  the  salaries  of  officers  at  the  Mas-  salaries  of 
sachusetts  reformatory,  a  sum  not  exceeding  eighty  thou-  ^*'^'^"' 
sand  eight  hundred  dollars. 

For  salaries   and  wages   of  instructors,  teachers  and  Jeacherr^tc 
other  employees  at  the  Massachusetts  reformatory,  a  sum 
not  exceeding  twenty-four  thousand  nine  hundred  dollars. 

For  current  expenses  at  the  Massachusetts  reformatory.  Expenses. 
a  sum  not  exceeding  one  hundred  and  nine  thousand  seven 
hundred  dollars. 

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

Approved  February  18,  1898. 

An  Act  making  an  appropriation  for  the  payment  of  the  (JJkuj  75 
tuition  of  children  attending  school  outside  the  town  "' 

in  which  they  reside. 

Be  it  enacted,  etc.,  asfolloxos: 

Section  1.     A  sum  not  exceeding  seventy-five  hun- Tuition  of  cer- 

dred  dollars  is  hereby  appropriated,  to  be  paid  out  of 

the  treasury  of  the  Commonwealth  from   the   ordinary 


52 


Acts,  1898.  —  Chap.  76. 


revenue,  for  the  payment  of  the  tuition  of  children  of 
any  town  in  which  a  high  school  or  school  of  correspond- 
ing grade  is  not  maintained,  who  may  attend  a  high  school 
outside  the  town  in  which  they  reside. 

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

Approved  February  18,  1898. 


ChaV.  76.   ^^    "^^^    RELATIVE    TO    ADVERTISING    HEARINGS    BEFORE    LEGISLA 

TIVE   COMMITTEES. 


Advertising 
hearings  before 
legislative 
commiUees. 


Printing,  type, 
etc. 


Designation  of 

newspapers, 

etc. 


Auditor  to  cer- 
tify bills,  etc. 


Repeal. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  hearing  before  any  committee  of  the 
general  coui-t,  or  of  either  branch  thereof,  shall  be  ad- 
vertised at  the  expense  of  the  Commonwealth  in  more 
than  two  newspapers  published  in  any  county,  nor  more 
than  twice  in  any  newspaper  ;  and  no  hearing  on  a  matter 
of  special  legislation  affecting  the  interest  of  only  a  por- 
tion of  the  Commonwealth  shall  l)e  advertised  in  any 
newspapers  except  those  published  in  the  county  of  Suf- 
folk and  in  the  localities  directly  interested  therein. 

Section  2.  In  all  the  news})apers  which  may  be  des- 
ignated to  advertise  such  hearings  the  advertisements 
shall  be  uniformly  printed  in  type  not  larger  than  non- 
pareil, set  solid,  and  without  display  either  in  the  licad- 
ings  or  in  the  body  of  the  advertisements. 

Section  3.  Advertisements  of  hearings  shall  be  pub- 
lished only  in  such  newspapers  as  may  be  designated  by 
the  chairman  on  the  part  of  the  senate  or  of  the  house, 
and  the  clerk  of  the  committee,  and  in  each  case  the 
order  for  the  advertisement  shall  be  signed  by  the  chair- 
man and  clerk  of  the  respective  committees,  who  shall 
designate  therein  the  newspapers  in  which  such  adver- 
tisement is  to  be  published,  and  shall  file  the  same  with 
the  auditor  of  the  Commonwealth,  who  shall  thereupon 
forward  a  copy  to  the  newspapers  so  designated  for  pub- 
lication, and  shall  give  such  directions  as  he  may  deem 
necessary  to  secure  uniformity  in  the  style  and  manner 
of  ])ul)lication,  as  provided  in  section  two.  The  auditor 
shall  certify  all  l)ills  for  publishing  such  advertisements, 
and  shall,  dui-iiig  the  first  week  in  April  in  each  session, 
report  in  detail  to  the  general  court  the  expenses  incurred 
under  this  act  by  the  several  committees. 

Section  4.  Chapter  three  hundred  and  seventy-one 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-five 


Acts,  1898.  — Chap.  77.  53 

and  chapter  five  hundred  and  three  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-seven  are  hereby 
repealed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  19^  1898. 


Chap.77. 


An  Act  making  ArpROPRiATiONs  for  salaries  and  expenses  in 

THE   DEPARTMENT   OF  THE   TREASURER   AND   RECEIVER   GENERAL. 

Be  it  enacted,  etc.,  as  follotvs : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
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 
thirty-first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  salary  of  the  treasurer  and  receiver  general  Treasurer. 
of  the  Commonwealth,  five  thousand  dollars. 

For  the  salary  of  the  first  clerk  in  the  treasurer's  de-  First  cierk. 
jiartment,  twenty-five  hundred  dollars. 

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

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

For  the  salary  of  the  third  clerk  in  the  treasurer's  de-  Third  cierii. 
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  receivino;  teller  in  the  treasurer's  Receiving 

•  ~  teller. 

department,  fourteen  hundred  dollars. 

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

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

For  such  additional  clerical  assistance  in  the  treasurer's  clerical  assist- 
department  as  may  l)e  necessary  for  the  despatch  of  public  ^"''®' 
business,  a  sum  not  exceeding  thirty-five  hundred  dollars. 

For  the  salary  of  the  messenger  in  the  treasurer's  de-  Messenger, 
partment,  the  sum  of  nine  hundred  dollars. 

For  incidental  and  contingent  expenses  in  the  treas-  Expenses. 
urers  department,  a  sum  not  exceeding  fifty-five  hundred 
dollars. 

For  clerical  assistance  in  the  treasurer's  department,  ^^^;';=*' """'''■ 
in  the  care  and  custody  of  deposits  made  with  the  treas- 


'# 


54 


Acts,  1898.  — Chap.  78. 


Legacy  tax 
clerk. 


Tax  on  collat- 
eral legacies, 
etc. 


Deputy  sealer 
of  weights,  etc. 

Expenses. 


uver  in  trust,  a  sum  not  exceeding  eighteen  hundred 
dolhirs. 

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

For  such  expenses  as  the  treasurer  may  find  necessary 
in  carrying  out  the  provisions  of  the  act  imposing  a  tax 
on  collateral  legacies  and  successions,  a  sum  not  exceed- 
ing twelve  hundred  dollars. 

For  the  salary  of  the  deputy  sealer  of  weights,  meas- 
ures and  balances,  twelve  hundred  dollars. 

For  travelling  and  other  expenses  of  the  deputy  sealer 
of  weights,  measures  and  balances,  a  sum  not  exceeding 
five  hundred  dollars  ;  and  for  furnishing  sets  of  standard 
weights,  measures  and  balances  to  towns  not  heretofore 
provided  therewith,  and  to  each  newly  incorporated  town, 
also  to  provide  cities  and  towns  with  such  portions  of 
said  sets  as  may  be  necessary  to  make  their  sets  com- 
plete, a  sum  not  exceeding  six  hundred  dollars. 

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

Approved  February  19^  1898. 


Cha2).7S. 


Ax  Act  making  appkopriations  for  salakies  axd  expenses  in 

THE   DEPARTMENT   OF  THE    AUDITOR   OF  THE   COMMONWEALTH. 

Be  it  enacted^  etc.,  asfoUotvs: 

Appropriations.  Section  1.  Tlic  sums  hereinafter  mentioned  are  ap- 
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 
thirt3^-first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 
Auditor.  Pqj.   i\^Q    salary    of   the    auditor,    thirty-five    hundred 

dollars. 

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

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

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

For  a  stenographer,  messenger,  and  such  additional 
clerical  assistance  as  the  auditor  may  find  necessary  for 
the  proper  despatch  of  pu])lic  business,  a  sum  not  ex- 
ceeding twenty-five  hundred  dollars. 


First  clerk. 


Second  clerk. 


Extra  clerks. 


Stenographer, 
etc. 


Acts,  1898.  — Chap.  79.  55 

For  the  compensation  of  a  state  printing  expert,  a  sum  Printing  expert. 
not  exceeding  tifteen  hundred  dollars. 

For  incidental  and  contingent  expenses  in  the  depart-  Expenses, 
ment  of  the  auditor,  a  sum  not  exceeding  fifteen  hundred 
dollars. 

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

Approved  February  19  ^  1898. 

An  Act  making  appkopriations  for  salaries  and  expenses  of  ni^f^.j^  70 

THE   RAILROAD   COMMISSIONERS.  ^' 

Be  it  enacted^  etc.,  asfollotus: 

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  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  salaries  of  the  railroad  commissioners,  eleven  Railroad  com- 

ji  1     1     11  mlssioners. 

thousand  dollars. 

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

For  the  salary  of  the  assistant  clerk  of  the  railroad  ^"«'«tant  cierk. 
commissioners,    a    sum   not   exceeding   twelve   hundred 
dollars. 

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

For  the  salaries  and  expenses  of  the  steam  railroad  ^^^ll"^'^^^^ 
inspectors,  a  sum  not  exceeding  five  thousand  dollars. 

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

For  rent,  care  of  oflSce,  and  salaiy  of  a  messenger  for  Rent,  messen- 
the  railroad  commissioners,  a   sum   not  exceeding  four 
thousand  dollars. 

For  books,  maps,  statistics,  stationery,  and  incidental  '^t-''tio"ery,etc. 
and  contingent  expenses  of  the  railroad  commissioners, 
a  sum  not  exceeding  two  thousand  dollars. 

For  expenses  in  connection  with  taking  evidence  given  Evidence  at 
at  inf|uests  on  dcatlis  l)y  accident.  u])on  ste:im  and  street 
railroads,  a  sum  not  exceeding  two  thousand  dollars. 

Section  2.     This  act  shall  take  ettectupon  its  passage. 

Api^roved  February  19,  1898. 


56 


Acts,  1898. 


Chaps.  80,  81. 


Chap.  80. 


Appropriations, 


Tax  commig- 
sioner. 


First  clerk. 
Second  clerk. 


Clerical  assist- 
ance. 


Expenses. 


Btate  valuation 


An  Act  making  appropriations  for  salaries  and  expenses  in 
the  department  of  the  tax  commissioner. 

Be  it  enacted,  etc. ,  as  foUoivs  : 

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  lum- 
dred  and  ninety-eiglit,  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 
commissioner  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-four  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  eflect  upon  its  passage. 

Approved  February  19^  1898. 


Chctn.Sli.  -^^  ^^"^^  MAKING  APPROPRIATIONS  FOR  THE   PAYMENT   OF   ANNUITIES 

TO   SOLDIERS   AND   OTHERS. 

Be  it  enacted,  etc.,  as  folloios : 

Appropriations.  Section  1.  Tlic  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  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  hun- 
dred and  ninety-eight,  to  wit :  — 

annSi°iie°8.  ^^^  aunuitics  due  from  the  Commonwealth,  incurred 

by  the  acceptance  of  the  bequest  of  the  late  Martha 
Johonnot,  a  sum  not  exceeding  three  hundred  dollars. 


Acts,  1898.  — Chaps.  82,  83.  57 

For  annuities  to  soldiers  and  others,  as  authorized  by  Annuities  to 
the  legislature,  the  sum  of  forty-three  hundred  and  ninety  ^°''^'®"' ®"'- 
dollars. 

For  pensions  authorized  by  the  legislature,  the  sum  of  i'e"»io°«- 
live  hundred  and  twenty  dollars. 

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

Approved  February  19,  1898. 

An  Act  making  an  appropriation  for  the  compensation  and  f^hfj^  89 

EXPENSES  OF  THE  COMMISSION  APPOINTED  TO  INQUIRE  INTO  THE 
EXPEDIENCY  OF  REVISING  AND  AMENDING  THE  LAWS  OF  THE 
COMMONWEALTH   RELATING  TO   TAXATION. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  sum  of  fifty-six  hundred  sixty-four  commisBion 
dollars  and  forty-seven  cents  is  hereby  appropriated,  to  re'iaungto 
be  paid  out  of  the  treasury  of  the  Commonwealth  from  t»=''»'i'>'»- 
the  ordinary  revenue,  for  the  compensation  and  expenses 
of  the  commission  appointed  to  inquire  into  the  expe- 
diency of  revising  and  amending  the  laws  of  the  Com- 
monwealth relating  to  taxation,  as  authorized  by  chapter 
one  hundred  and  eleven  of  the  resolves  of  the  year  eight- 
een hundred  and  ninety-six,  said  sum  to  be  in  addition 
to  the  five  thousand  dollars  appropriated  by  chapter  five 
hundred  and  forty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six. 

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

Approved  February  19,  1898. 


Chap.  83, 


An  Act  relative  to  the  time  of  opening  meetings  for  the 
election  of  town  officers. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     Section  one  hundred  and  forty-eight  of  is93,4i7  §i48 
chapter  four  hundred  and  seventeen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three  is  hereby  amended 
by  inserting  after  the  word  "state",  in  the  twenty-first 
line,  the  words  :  —  and  town,  —  so  that  the  third  para- 
graph of  said  section  will  read  as  follows:  —  In  towns,  Time  of  open- 
meetings  for  the  election  of  state  and  town  ofticers  may  i"g  mJith^gs 
be  opened  as  early  as  six  o'clock  in  the   forenoon,  and  [ownofflce"^! 
shall  be  opened  as  early  as  twelve  o'clock,  noon.     The 
polls  shall  be  kept  open  four  hours  at  least,  and  until 
the  time    specified    in    the    warrant    when    they  may  be 
closed  ;  and  they  may  be  opened  for  such  longer  time 


58 


Acts,  1898.  — Chap.  84. 


as  the  majority  of  the  voters  present  shall  by  vote  direct, 
but  they  shall  not,  except  as  provided  in  said  section  one 
hundred  and  fifty-four,  be  kept  open  after  the  hour  of 
sunset ;  and  after  an  announcement  has  been  made  l)y 
the  presiding  officer  of  a  time  so  fixed  by  vote  for  clos- 
ing, such  time  shall  not  be  changed  to  an  earlier  hour. 
In  meetings  for  the  election  of  town  officers  as  aforesaid, 
the  polls  shall  be  kept  open  four  hours  at  least. 

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

Approved  February  29,  1898. 


Chap.S4:.   ^^  -^CT   RELATIVE   TO   THE  PLACING   OF   OFFICERS   OF    THE    VOLUN- 
TEER MILITIA   UPON   THE   RETIRED   LIST. 


1S97,  448,  §  4, 
amended. 


Certain  com- 
iiiisBioned 
officers  may 
upon  application 
be  retired,  etc. 


ProvlBo. 


Be  it  enacted,  etc.,  asfollotvs: 

Section  1 .  Section  four  of  chapter  four  hundred  and 
forty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-seven  is  hereby  amended  by  inserting  after  the 
word  "years",  in  the  ninth  line,  the  words:  —  or  has 
served  as  a  commissioned  officer  for  the  continuous  period 
of  fifteen  years,  or,  having  served  in  the  army  or  navy 
of  the  United  States  at  any  time  during  the  war  of  the 
rebellion  and  having  been  honorably  discharged  there- 
from, has  also  served  as  a  commissioned  officer  in  the 
militia  of  this  Commonwealth  for  the  continuous  period 
of  five  years, — by  striking  out  the  word  "increased", 
in  the  ninth  line,  and  by  inserting  after  the  word  "  rank  ", 
in  the  tenth  line,  the  words  :  —  next  in  grade  above  that 
held  by  him  at  the  time  such  application  is  made,  —  so 
as  to  read  as  follows  :  —  Section  4.  Any  commissioned 
officer  in  the  militia  service  who  shall  have  served  as 
such  in  the  active  militia  of  this  Commonwealth  for  the 
continuous  period  of  ten  years  may,  upon  liis  own  ai)pli- 
cation,  be  placed  upon  the  retired  list,  with  the  rank 
held  by  him  at  the  time  such  application  is  made :  pro- 
vided, hoivever,  that  an  officer  so  retired  who,  at  the  time 
of  making  such  application,  has  remained  in  the  same 
grade  for  the  continuous  period  of  ten  years,  or  lias 
served  as  a  commissioned  officer  for  the  continuous 
period  of  fifteen  years,  or,  having  served  in  the  army 
or  navy  of  the  United  States  at  an}'  time  during  the 
war  of  the  rebellion  and  having  been  honorably  dis- 
cliarged  therefrom,  has  also  served  as  a  commissioned 
officer  in  the  militia  of  this  Commonwealth  for  the  con- 


Acts,  1898.  — Chap.  85.  59 

tinuous  period  of  five  years,  shall  be  retired  with  rank 
next  in  grade  above  that  held  by  him  at  the  time  such 
application  is  made.  Ketired  officers  on  occasions  of 
ceremony  may,  and  when  acting  under  orders  as  here- 
inafter provided  shall,  wear  the  uniform  of  their  retired 
rank.  Retired  officers  shall  be  eligible  to  perform  any 
military  duty  to  the  same  extent  as  if  not  retired,  and 
the  commander-in-chief  may,  in  his  discretion,  by  order 
recjuire  them  to  serve  upon  military  boards,  courts  of 
inquiry  and  courts-martial,  or  to  perform  any  other 
special  or  temporary  military  duty,  and  for  such  ser- 
vice they  shall  receive  the  same  pay  and  allowances  as 
are  provided  by  law  for  like  service  by  the  officers  of 
the  active  militia.  All  retired  officers  shall  be  amenal)le 
to  court-martial  for  military  offences,  to  the  same  extent 
as  if  upon  the  active  list  of  the  volunteer  militia.  The 
names  of  all  officers  of  retired  rank  shall  be  borne  on  a 
separate  roster,  kept  under  the  supervision  of  the  adju- 
tant general.  Retired  officers  shall  report  to  the  adjutant 
general  any  change  in  their  residence  whenever  such 
change  occurs. 

Section  2.     Any  commissioned  officer  who  may  have  Rank  of  certain 
been  placed  upon  the  retired  list  since  the  first  day  of  mu»i"oneT 
January  in  the  year  eighteen  hundred  and  ninety-eight  offl*^*^'*- 
may,  with  the  approval   of  the  commander-in-chief,  be 
given  the  same  rank  which  he  would  have  if  retired  after 
the  passage  of  this  act. 

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

Approved  February  19, 1898. 


Ax  Act  to  authorize  the  town  of  sharon  to  make  an  ad-  Qj^Q^jy  gg 

DITIONAE   WATER   LOAN. 

Be  it  enacted,  etc.,  as  folloivs : 

Sectiox  1.  The  town  of  Sharon,  for  the  purposes  sharon  water 
mentioned  in  chai)ter  two  hundred  and  forty-one  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  and 
for  the  further  extension,  maintenance  and  improvement 
of  its  water  supply  system,  may  issue  bonds,  notes  or 
scrip  from  time  to  time,  to  be  denominated  on  the  face 
thereof,  Sharon  Water  Loan,  to  an  amount  not  exceed- 
ing fifteen  thousand  dollars  in  addition  to  the  amounts 
heretofore  authorized  by  law  to  be  issued  by  said  town 
for  the  same  purposes.     Said  bonds,  notes  or  scrip  shall 


60  Acts,  1898.  — Chaps.  86,  87,  88. 

be  issued  upon  the  same  terms  and  conditions  and  with 
the  same  powers  as  are  provided  in  said  act  for  the  issue 
of  the  Sharon  water  loan  by  said  town. 

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

Approved  February  24,  1898. 


CllCiP.  86.   ^^  ^CT  RELATIVE   TO   THE   CUSTODY   OF   SHADE   TREES   IN  THE   CITY 

OF  TAUNTON. 


Care,  etc.,  of 
shade  trees  iu 


Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The  park  commissioners   of  the  city  of 
Taunton.  TauutoH  shall  have  the  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  February  24,  1898. 


Oliap. S7.  An  Act  to  authorize  the  city  of  boston  to  pay  a  sum  of 

MONEY   TO   the   CHILDREN   OF  JOHN   KELLY. 

Be  it  enacted,  etc. ,  as  follows : 

johnKeu/.  Section  1.     The  city  of  Boston  is  hereby  authorized 

to  pay  to  the  children  of  John  Kelly  late  an  employee 
in  the  building  department  in  said  city,  the  l)alance  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  effect  upon  its  passage. 

Approved  February  24,  1898. 


ChaV'SS.    ^^  ■^^'^  '^^   AUTHORIZE   the   CITY    OF    BOSTON    TO    PAY    A    SUM    OF 
MONEY   TO   THE   CHILDREN   OF   CHARLES   A.   LAMBERT. 

Be  it  enacted,  etc.,  as  folloivs : 

^xxlne^A  Section  1.     The  city  of  Boston  is  hereby  authorized 

Lambert,  to  pay  to  the  children   of  Charles  A.  Lambert   late  an 

employee  of  the  street  department  in  said  city,  the 
balance  of  the  salary  to  which  he  would  have  been  en- 
titled had  he  lived  and  continued  to  hold  his  office  until 
the  thirty-first  day  of  January  in  the  year  eighteen  hun- 
dred and  ninety-eight. 

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

Apjjroved  February  24,  1898. 


Acts,  1898.  —  Chaps.  89,  90.  61 


An  Act  to  authorize  the  wheelwright  scientific  school  to  nhf.^  QQ 

HOLD   additional   REAL   AND   PERSONAL   ESTATE.  "' 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.     Section  two  of  chapter  twenty-three  of  1882. 23.  §2, 
the  acts  of  the  year  eighteen  hundred  and  eighty-two  is  '*™''° 
hereby  amended  by  striking  out  the  word  "three",  in 
the  eighth  line,  and  inserting  in  })hice  thereof  the  word : 
—  eight,  —  so  as  to  read  as  follows:  —  Section  2.     The  Miiyhouiand 
said  corporation  shall  have  authority  to  receive,  hold  and  tain  fuudfUc. 
manage  the  fund  bequeathed  for  the  purposes  for  which 
the  said  corporation  is  created  by  the  will  of  William 
Wheelwright,  late  of  Newburyport,  deceased,  and  any 
other  donations  or  bequests  which  may  be  made  for  its 
benefit,  and  may  hold  for  the  purposes  aforesaid  real  and 
personal  estate  to  an  amount  not  exceeding  eight  hundred 
thousand  dollars. 

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

Approved  February  24,  1898. 

An  Act  to  incorporate  the  indian  ridge  association.          C'linn  Qrt 
Be  it  enacted,  etc.,  asfoUoics: 

Section  1.  Alice  Buck,  Salome  Jane  Marland,  Susan  Indian  Ridge 
M.  Blake,  Emma  J.  Lincoln,  Fannie  S.  Smith,  Mary  Kate  inco°poritrd. 
Roberts,  Sarah  Nelson  Carter,  Warren  F.  Draper,  Walter 
Buck,  Cecil  F.  P.  Bancroft,  John  Wesley  Churchill, 
Matthew  S.  McCurdy,  George  Ripley,  J.  Warren  Bar- 
nard and  Albert  Poor,  all  of  Andover,  in  the  county  of 
Essex,  and  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  Indian  Ridge  Asso- 
ciation, for  the  purpose  of  maintaining  a  public  park  or 
forest  reservation  in  said  town  of  Andover,  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  and  not  inconsistent  with 
this  act. 

Section  2.     Said  corporation  shall  consist  of  not  less  Membership. 
than  fifty  members. 

Section  3.     Said  corporation  may  adopt  such  by-laws  By-iaws. 
as  it  may  deem  best  for  carrying  out  the  purposes  of 
its  organization  :  provided,  however,  that   such   by-laws  proviso, 
shall  contain  nothing   inconsistent    with   the    provisions 
of  law  or  of  this  act. 


62 


Acts,  1898.  — Chap.  90. 


Trustees,  elec- 
tion, terms, 
etc. 


Vacancies,  etc. 


May  obtain  and 
hold  certain 
luudB,  etc. 


Proviso. 


Grants,  be 
quests,  etc. 


Section  4.  The  management  and  control  of  the  prop- 
erty and  effects  of  .said  corporation  shall  be  vested  in  a 
board  of  not  less  than  fifteen  trustees,  to  be  elected  in 
accordance  Avith  the  by-laws  of  the  corporation,  by  the 
said  associates  and  their  successors,  and  the  said  trustees 
.shall  elect  from  their  number  a  president,  two  vice  presi- 
dents, and  a  treasurer  and  clerk,  ))ut  nothing  herein  con- 
tained shall  be  construed  to  prevent  the  offices  of  the 
treasurer  and  clerk  from  being  held  by  the  same  person. 
Said  trustees  and  said  officers  shall  serve  until  their  suc- 
cessors are  elected  and  qualified  in  accordance  with  the 
by-laws  of  the  cori)oration,  and  in  case  of  a  vacancy 
among  said  trustees  or  said  officers,  by  resignation,  death 
or  otherwise,  the  remaining  trustees  shall  elect  from  the 
members  of  the  corporation  successors  to  the  trustees 
or  officers  so  retiring,  and  such  successors  shall  hold 
their  offices  until  the  next  election  of  trustees.  Said 
trustees  shall  be  residents  of  the  town  of  Andover,  and 
the  treasurer  of  said  corporation  ma3%  at  the  discretion 
of  said  trustees,  be  required  to  furnish  bonds  for  the 
proper  discharge  of  the  duties  of  his  office  ;  and  in  the 
choice  of  said  trustees  no  distinction  shall  be  made  on 
account  of  sex. 

Section  5.  Said  corporation  may  obtain  by  purchase, 
gift  or  otherwise,  lands  in  said  Andover  not  exceeding 
one  hundred  and  fifty  acres  in  extent,  and  may  hold, 
develop  and  administer  the  same  for  park  and  pleasure 
purposes,  or  for  the  purpose  of  a  forest  reservation  : 
provided^  that  the  public  shall  have  free  access  to  said 
lands  and  park  under  reasonable  regulations,  to  be  pre- 
scribed by  said  associates  and  their  successors. 

Section  6.  Said  corporation  may  receive  and  hold 
for  the  purposes  aforesaid  any  grants,  donations  or  be- 
quests, under  such  conditions  and  rules  as  may  be  pre- 
scril)ed  in  such  grants,  donations  or  bequests,  if  not 
inconsistent  with  the  provisions  of  law  and  of  this  act, 
and  in  the  absence  of  conditions  attached  to  any  grants, 
donations  or  bequests,  all  funds  thus  received  shall  be 
held  in  tru.st,  the  income  only  to  be  expended  for  the 
general  purposes  of  the  corporation  as  above  provided. 
Such  grants,  donations  or  bequests,  whether  in  real  estate 
or  personal  property,  not  exceeding  twenty-five  thousand 
dollars  in  value,  in  addition  to  the  land  not  exceeding  one 
hundred  and  fifty  acres  in  extent  held  under  the  provi- 


Acts,  1898.  — Chaps.  01,  02.  63 

sions  of  section  five,  shall  be  exempt  from  taxation  so 
long  as  administered  for  the  public  purposes  herein  set 
forth. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  24,  1898. 


An  Act  kelative  to  the  supekintendent  oe  stijeets  of  the 
city  of  lawrence. 


Ghap.m 


Be  it  etiacted,  etc.,  as  folloios: 

Section  1.     The  superintendent  of  streets  of  the  city  superintendent 
of  Lawrence  shall  hereafter  be  elected  by  the  voters  of  uon*Tenu .'*'"''" 
said  city  at  the  annual  city  election,  and  shall  hold  ofiice 
lor  one  year  from  the  first  Monday  in  January  following. 
\'acancies  in  said  ofiice  may  be  tilled  for  the  unexpired  vacancies. 
term  by  appointment  by  the  mayor,  subject  to  confirma- 
tion by  the  city  council. 

Section  2.     So    much  of  chapter  three  hundred  and  R^p^'^i- 
twenty-six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  as  is  inconsistent  herewith  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  accept- when  to  take 
ance  by  the  legal  voters  of  the  city  of  Lawrence  ;  and  '^^''*^'" 
the  question  of  its  acceptance  shall  be  submitted  to  said 
voters  at  the  annual  state  election  in  the  year  eighteen 
hundred  and  ninety-eight.     Approved  Februanj  24, 1898. 


Chap.92. 


An  Act  making  appropriations  for  salaries  and  expenses  in 

TUE   office   of   the   CIVIL   SERVICE   COMMISSION. 

Be  it  enacted,  etc.,  as  folloios: 

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  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  comv)ensation  and  expenses  of  the  mcml)ers  civii  service 

!.,%..■,.  .       •  ,  T  commission. 

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

For  the  salary  of  the  chief  examiner  of  the  civil  ser-  ciuef  examiner, 
vice  commission,  three  thousand  dollars. 

For  the   salary  of  the  secretary  of  the   civil   service  Secretary. 
commission,  two  thousand  dollars. 

For  the  salary  of  the  registrar  of  labor  of  the  civil  R«s'«trar  of 
service  commission,  two  thousand  dollars. 


64 

ExpeoBea. 


Acts,  1898.  — Chaps.  93,  94. 

For  clerical  assistance,  expenses  of  examinations,  print- 
ing civil  service  rules  and  regulations  and  other  informa- 
tion for  the  use  of  applicants,  printing,  advertising  and 
stationery,  travelling  and  incidental  expenses  of  the 
chief  examiner,  commissioners  and  secretary,  and  neces- 
sary office  expenses,  a  sum  not  exceeding  fifteen  thou- 
sand dollars. 

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

Approved  February  24,  1898. 


ChctP.QS.   A.N  Act  MAKING  APPHOPRIATIONS   FOR   SALARIES   AND   EXPENSES   AT 
THE  REFORMATORY  PRISON   FOR   AVOMEN. 

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-eight,  to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the 
reformatory  prison  for  women,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  current  expenses  at  the  reformatory  prison  for 
women,  a  sum  not  exceeding  thirty-two  thousand  dollars. 

For  the  town  of  Framingham,  toward  the  annual  ex- 
pense of  maintaining  and  operating  the  system  of  sewage 
disposal  at  the  reformatory  prison  for  women,  the  sum 
of  six  hundred  dollars. 

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

Approved  February  24,  1898. 


Reformatory 
prison  for 
women. 


Expenses. 


Bewage  dis 
posal. 


(7Aa».  94.  ^^    ^^^    MAKING    APPROPRIATIONS     FOR     SUNDRY     MISCELLANEOUS 

EXPENSES   AUTHORIZED    HY   LAW. 

Be  it  enacted,  etc.,  as  follows : 

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

Unclaimed  YoY  the  payment  of  unclaimed  moneys  in  the  hands 

moneysinhanda  .  I     "^  i.    •        •  i  j  j.-  n  ,i 

of  receivers.       of  reccivcrs  01  ccrtam  insolvent  corporations,  after  the 


Acts,  1898.— Chap.  94.  65 

same  have  been  deposited  in  the  treasury  of  the  Com- 
monwealth, a  sum  not  exceeding  three  thousand  dol- 
lars. 

To  carry  out  the  provisions  of  the  act  relative  to  the  Funds  received 
payment  from  the  treasury  of  the  Commonwealth  of  funds  iTmimsuators. 
received  from  public  administrators,  a  sum  not  exceed- 
ing four  thousand  dollars. 

For  medical  examiners'  fees,  a  sum  not  exceeding  five  Medical 

hundred    dollars.  examiners' fees. 

For  expenses  incurred  in  the  construction  and  repair  Constrncuon, 
of  roads  in  the  town  of  Mashpee  during  the  year  eight-  Mashp^ee""'*''  *° 
een  hundred  and  ninety-seven,  the  sum  of  three  hundred 
dollars. 

For  assistance  to  the  town  of  Truro  in  maintaining  a  Beach  Poim 
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  ^'a^°*^*'" 
due  from  the  Commonwealth  towards  maintaining  and 
operating  a  system  of  sewage  disposal  at  the  Massachu- 
setts School  for  the  Feeble-minded,  the  sum  of  five  hun- 
dred and  twenty-six  dollars  and  eight  cents,  as  provided 
for  in  section  three  of  chapter  eighty-three  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three. 

For  the  support  of  Sarah  J.  Robinson,  a  prisoner  in  sarah  j.  Robin. 
the  jail  at  Lowell  in  the  county  of  Middlesex,  a  sum  not  *°"' 
exceeding  four  hundred  dollars. 

For    the    compensation    of  probation    ofiicers,   as  au-  Probation  om- 
thorized  by  section  seven  of  chapter  three  hundred  and  '^^'^' 
fifty-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  appro-  smaii  items  of 

...  1  1  -r  n  1   •    1  'A'  expenditure. 

priations  have  been  made  or  lor  which  appropriations 
have  been  exhausted  or  have  reverted  to  the  treasury  of 
the  Commonwealth  in  previous  years,  a  sum  not  exceed- 
ing one  thousand  dollars,  to  be  expended  under  the  direc- 
tion of  the  auditor  of  the  Commonwealth. 

For  furnishing  cities  and  towns  with  ballot  boxes,  and  Baiiot  boxes. 
for  repairs  to  the  same,  a  sum  not  exceeding  three  thou- 
sand 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. 

For  expenses  in  connection  with  maintaining  a  military  Military 
museum,  as  provided  for  by  chapter  two  hundred  and  ""^*"'"- 


G6 


Acts,  1898.  — Chap.  95. 


four  of  the  acts  of  the  year  eio;hteen  hundred  and  ninety - 
seven,  a  sum  not  exceeding  fifteen  hundred  doUars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  24,  1898. 


OllCLT)  95  -^^  ^^^  ^^  ADDITION  TO  AN  ACT  MAKING  Al'l'KOPRIATIONS  FOR 
DEiaCIKNCIES  IN  APPKOPKIATIONS  FOU  CERTAIN  EXPENSES  AU- 
THORIZED IN   THE  YEAR   EIGHTEEN   HUNDRED   AND   NINETV-SEVEN. 

lie  it  enacted,  etc. ,  as  folloios : 

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  certain  expenses  in  excess  of  appropriations  therefor 
in  the  year  eighteen  hundred  and  ninety-seven,  to  wit :  — 

For  expenses  in  connection  with  the  inspection  of  milk, 
food  and  drugs,  the  sum  of  sixty-two  dollars  and  eleven 
cents. 

For  expenses  of  the  commission  on  laws  relating  to 
taxation,  the  sum  of  one  hundred  fifty-one  dollars  and 
forty-three  cents. 

For  registration  books  and  blanks,  the  sum  of  one  hun- 
dred sixty-seven  dollars  and  fifty-three  cents. 

For  expenses  in  connection  with  the  buildings  at  the 
Bridgewater  normal  school,  the  sum  of  two  hundred 
ninety-four  dollars  and  eighty  cents. 

For  incidental  expenses  in  the  department  of  the  treas- 
urer and  receiver  general,  the  sum  of  four  hundred  thirty- 
two  dollars  and  twenty-one  cents. 

For  ballot  boxes  furnished  cities  and  towns,  the  sum 
of  four  hundred  seventy-one  dollars  and  seventy-six 
cents. 

For  exchange  and  distribution  of  public  documents, 
the  sum  of  four  hundred  seventy-three  dollars  and  nine- 
teen cents. 

For  expenses  of  courts  of  insolvency,  the  sum  of  nine 
hundred  sixty-six  dollars  and  thirty-one  cents. 

For  the  support  of  state  paupers  in  the  Massachusetts 
School  for  the  Feeble-minded,  the  sum  of  thirty-one  hun- 
dred twenty-seven  dollars  and  thirty-two  cents. 

For  printing  and  l)inding  })ul)lic  documents,  the  sum  of 
forty-four  hundred  ninety-three  dollars  and  nineteen  cents. 

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

Approved  February  24,  1898. 


Appropriations. 


Inspection  of 
milk,  food  and 
drugs. 


Oommission  on 
laws  relating 
to  taxation. 


Registration 
books,  etc. 


Bridgewater 
normal  school. 


Treasurer  aTul 
receiver  general. 


Ballot  boxes. 


Distribution  of 
public  docu- 
ments. 


Courts  of  insol- 
vency. 

Support  of 
state  paupers. 


Printing  and 
binding  public 
documents. 


Acts,  1898.  — Chaps.  96,  97,  98,  99.  07 

An  Act  to  authorize  the  Springfield  gas  light  company  to  /^i^,.^  qa 

HOLD  REAL  ESTATE  AND  TO  LAY   PIPES   AND   FURNISH   GAS   IN   THE  "'   "^ 

TOWN   OF  LONGMEADOW. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  Springfield  Gas  Light  Company  is  May  extend  its 
hereby  authorized   to   hold   real   estate,    to    extend    its  furnuhg'Lin 
mains  and  to  lay  pipes    in   the  town  of  Longmcadow,  Lougmeadow. 
and  to  furnish  or  to  manufacture  and  to  sell  gas  in  said 
town    for  lighting,  heating,  cooking,  power   and   other 
uses  for  which  such  gas  is  manufactured,  subject  to  all 
the  restrictions,  limitations  and  provisions  of  the  gen- 
eral laws  relating  to  gas  companies. 

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

Approved  February  24,  1898. 


Cliajym, 


An  Act  to  change  the  name  of  the  penitent  females'  refuge 
IN  the  city  of  boston. 

Be  it  enacted,  etc.,  as  folloivs  : 

Section    1.      The   name    of    The   Penitent   Females'  Name  changed. 
Refuge  in  the  City  of  Boston,  incorporated  by  chapter 
thirty-six  of  the  acts  of  the  year  eighteen  hundred  and 
twenty-three,  is  hereby  changed  to   The  Refuge  in  the 
City  of  Boston. 

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

Approved  February  24,  1898. 


CJiajj.QS. 


An  Act  to  authorize  the  Massachusetts  homceopathig  hos- 
pital TO  HOLD  property  TO  THE  AMOUNT  OF  THREE  MILLION 
DOLLARS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.    The  ]\Iassachusetts  Homoeopathic  Hospital  ^,.o^'^ru^ 
is  hereby  authorized,  for  the  purposes  set  forth  in  its 
act  of  incorporation,  to  hold  property  to  an  amount  not 
exceedin«r  three  million  dollars. 

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

Approved  February  24,  1898. 


Ghap.99. 


An  Act  to  authorize  the  city  of  boston  to  pay  a  sum  of 
money  to  thomas  w.  jiccabe,  the  father  of  james  av.  mccabe. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1 .     The  city  of  Boston  is  hereby  authorized  (v!  MccIbeT"* 
to  pay  to  Thomas  W.  McCabe,  the  father  of  James  W. 


m 


Acts,  1898.  —  Chaps.  100,  101. 


McCabe  late  an  inspector  in  the  health  department  in 
said  city,  the  balance  of  the  salary  to  wliich  the  said 
James  W.  McCabe  would  have  been  entitled  had  he  lived 
and  continued  to  hold  his  oflice  until  the  first  day  of  Feb- 
ruary in  the  year  eighteen  hundred  and  ninety-eight. 
Section  2.     This  act  shall  take  etl*ect  upon  its  passage. 

Approved  February  24,  1898. 


ENSES   AT 


Lyman  school 
for  boys. 


Expenses. 


ChciD  100  ^^  ^^^  MAKING  APPROPRIATIONS   FOR   SALARIES   AND   EXP 

THE   LYMAN   SCHOOL   FOR   BOYS. 

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

For  the  payment  of  salaries,  wages  and  labor  at  the 
Lyman  school  for  boys,  a  sum  not  exceeding  twenty-six 
thousand  five  hundred  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  neces- 
sary to  employ,  a  sum  not  exceeding  sixty-eight  hun- 
dred dollars. 

For  expenses  in  connection  Avith  boarding  out  children 
by  the  trustees  of  the  Lyman  and  industrial  scliQols,  a 
sum  not  exceeding  three  thousand  dollars. 

For  the  education  and  instruction  in  the  public  schools 
in  any  city  or  town  in  the  Commonwealth  of  children 
boarded  or  bound  out  by  the  trustees  of  the  Lyman  and 
industrial  schools,  a  sum  not  exceeding  three  hundred 
and  fifty  dollars. 

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

Approved  March  i,  1898. 

Chcm  101  -'^^  -^^^  MAKING  APPROPRIATIONS  FOR  PRINTING  AND  BINDING 
PUBLIC  DOCUMENTS,  THE  PURCHASE  OF  PAPER  AND  PUBLISHING 
LAWS. 

Be  it  enacted^  etc.,  asfollotvs: 
Appropriations.       Section  1.     The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 


Ageuts. 


Boarding  out 
children. 


Instruction  of 
certain  children 


Acts,  1898.  — Chap.  102.  69 

monwealth  from  the  ordinary  revenue,  for  the  purposes 
specitied,  to  meet  expenses  for  the  year  ending  on  the 
thirty-tirst  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-eight,  to  wit :  — 

For  printing  and  binding   the  series  of  public  doeu-  Public  docu- 
ments, a  sum  not  exceeding  sixty  thousand  dollars.  ments. 

For    printiuii;   the    pamphlet    edition  of  the    acts  and  Pamphlet 

1  .>    .1  IT         I  Tf.  editiou,  acts  and 

resolves  oi  the  present  year,  a  sum  not  exceedmg  tour  resolves. 
thousand  dollars. 

For  printing  and  binding  the  blue  book  edition  of  the  Biue  book. 
acts  and  resolves  of  the  present  year,  a  sum  not  exceed- 
ing seven  thousand  dollars. 

For  the  newspaper  publication  of  the  general  laws  and  Publication  of 

All  o  la w  8   etc . 

information  intended  for  the  public,  a  sum  not  exceeding 
tive  hundred  dollars. 

For  reports  of  decisions  of  the  supreme  judicial  court.  Decisions  of 
a  sum  not  exceeding  two  thousand  dollars.  ciarcourt!" 

For  the  purchase  of  paper  used  in  the  execution  of  the  Purchase  of 
contract  for  the  state  printing,  a  sum  not  exceeding  thirty  ^''^^'^* 
thousand  dollars. 

For  assessors'  books  and  blanks,  a  sum  not  exceeding  Assessors' 
tifteen  hundred  dollars.  books,  etc. 

For  registration  books  and  blanks,  indexing  returns  Registration 
and  editing   registration    report,  a    sum    not    exceeding  ''°''^*' *'"=• 
forty-tive  hundred  dollars. 

For  printing  and  distributing  ballots,  a   sum  not  ex-  Printing,  etc., 
ceeding  eighty-five  hundred  dollars. 

For  blank  forms  for  town  officers,  election  laws  and  Blank  forms, 
instructions  on  matters  relating  to  elections,  and  expense 
of  advertising  the  state  ticket,  a  sum  not  exceeding  three 
thousand  dollars. 

For  furnishino:  blanks  to   registrars  of  voters,  a  sum  Blanks, etc. 
not  exceeding  five  hundred  dollars. 

For  collating,  indexing  and  publishing  the    acts   and  fa"r^y^awB?°* 
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  effect  upon  its  passage. 

Approved  March  1,  IS 98. 

An  Act  to  authorize  the  city  op  quincy  to  sell  certain  (7^ftr).102 

REAL   ESTATE, 

Be  it  enacted,  etc.,  as  follotcs : 

Section    1.     The  city  of  Quincy,  acting   in    concert  ^^^^.^'^'^enam 
with  the  supervisors  of  the  Adams  Temple  and  School  land,  etc. 


70  Acts,  1898.  —  Chaps.  103,  104 

Fund,  may  sell  at  pul)lic  or  private  sale  and  convey  in 
fee  or  otherwise  any  and  all  parcels  of  land  conveyed  to 
the  inhabitants  of  the  town  of  Quincy  by  John  Adams, 
by  his  two  deeds  dated  respectively  the  twenty-fifth  day 
of  June  in  the  year  eighteen  himdred  and  twenty-two 
and  the  twenty-fifth  day  of  July  in  the  same  year,  in 
trust  for  certain  purposes  therein  specified,  and  any  other 
property,  real,  personal  or  mixed,  held  by  said  city  sub- 
ject to  the  same  trust. 
fnvesie^d  It^.^  Section  2.-  The  proceeds  of  such  sales  shall  l)e  in- 
vested and  re-invested  from  time  to  time  by  said  city, 
in  concert  with  said  supervisors,  in  real  estate  or  in  such 
securities  as  trustees  are  authorized  to  hold  in  this  Com- 
monwealth, and  shall  be  held  by  said  city  subject  always 
to  the  trust  specified  in  said  deeds. 

Approved  March  1,  1898. 


Chap.im 


An  Act  to  incorporate  Walter  baker  &  company,  limited. 
Be  it  enacted^  etc.,  asfolloivs: 
waite^  Baker         Section  1.     J.  Frank  Howland,  Hugh  C.  Gallagher, 
Limited,  inc'or-   J.  Malcolm  Forbcs,  Gcorgc  V.  L.  Meyer  and  H.  Hollis 
porae.  Hunncwell,  their  associates  and  successors,  are  hereby 

made  a  corporation  by  the  name  of  Walter  Baker  & 
Company,  Limited,  for  the  purpose  of  purchasing  the 
entire  property  of  the  existing  corporation  of  the  same 
name  organized  under  the  general  law  and  carrying  on 
the  business  for  which  said  existing  corporation  was  or- 
ganized;  with  a  capital  stock  not  exceeding  four  million 
seven  hundred  and  fifty  thousand  dollars,  and  with  all 
the  powers  and  privileges  and  subject  to  all  the  duties, 
restrictions  and  lial)ilities  set  forth  in  cha})ters  one  hun- 
dred and  five  and  one  hundred  and  six  of  the  Public 
Statutes  and  acts  in  addition  thereto. 

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

Approved  March  i,  1898. 

ChcD)  104        ''^^  -^^^  '^^  change  the  title  of  the  executive  clerk. 

Be  it  enacted,  etc.,  as  folloios: 
Executive Hcoie-       Section  1.     The  cxccutivc  clerk,  appointed  under  the 
jn'ovisions  of  section  six  of  chapter  fifteen  of  the  Public 
Statutes,  shall  hereafter  be  known  as  the  executive  sec- 
retary. 

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

Approved  March  1,  1898. 


Acts,  1898.  —  Chaps.  lO.'^,  106.  71 


An  Act  to  authorize  the  city  of  boston  to  pay  a  sum  of  (^JjfjYt  10^ 

MONEY   TO   MAKY   A.   T.   MORRISSEY,  THE   SISTER   OF   DENIS   H.   MOR-  ^  * 

KISSEY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston  is  hereby  authorized  n*Mor/i8?e"'^ 
to  pay  to  ]Mary  A.  T.  Morrissey,  the  sister  of  Denis  II. 
]Morrissey  late  an  employee  of  the  assessing  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  thirty-first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-eight. 

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

Approved  March  2,  1S98. 

An  Act  relative  to  the  tree  planting  committee  of  the  QJiai)  "[QQ 

TOAVN   OF   BROOKLINE. 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1.     Section  one  of  chapter  fift^'-seven  of  the  isss,  57,  §i, 
acts  of  the    year   eighteen   hundred    and    eighty-five   is  '*'"^° 
hereby  amended  by  adding  at  the  end  thereof  the  fol- 
lowing words:  —  Said  committee    of  three    shall   serve 
without  compensation,  and  shall  have  and  may  exercise 
all  the  powers  and  authority,  and  shall  perform  all  the 
duties,  which  now  are  or  may  hereafter  be  conferred  or 
imposed  by  law  upon  tree  wardens   or   park   commis- 
sioners of  towns,  in  relation  to  shade  trees  in  the  public 
ways  in  said  town  :  provided,  however,  that  the  powers 
and  duties  of  said  committee  shall  not  extend  to   any 
trees,  shrubs  or  vines   within  the   limits   of  any  public 
parks  or  public  grounds  of  said  town,  —  so  as  to  read 
as   follows:  —  Section  1.     The  town  of  Brookline  may  Town  of  Brook- 
at  an  annual  meeting,  by  a  vote  of  two  thirds  of  the  priat'"monej'^'^°" 
legal  voters  present  and  voting  thereon,  appropriate  a  chooselomrau- 
sum  not  exceeding  one  dollar  for  each  of  its  ratable  polls  tee,  etc. 
in  the  preceding  year,  to  be  expended  by  a  connnittee 
of  three  to  be  chosen  by  ballot,  in  setting  out  and  main- 
taining shade  trees,  shrubs  or  vines  upon  the  public  squares 
and  highways  of  said  town,  or  in  premiums  or  in  any 
other  way  which  they  may  deem  most  effectual  to  en- 
courage the  planting  of  shade  trees,  shrubs  or  vines  upon 
said  public  squares  or  highways  by  the  owners  of  adjoin- 
ing real  estate,  or  u]K)n  said  adjoining  real  estate,  at  a 
distance   not    exceeding   twenty   feet   from   said    public 


72 


Acts,  1898.  — Chap.  107. 


Powers  aud 
duties  of  com- 
mittee. 


Proviso. 


When  to  tuke 
effect. 


squares  or  highways,  for  the  purpose  of  .shading  or 
ornamenting  the  same.  Said  committee  of  three  shall 
serve  without  compensation,  and  shall  have  and  may 
exercise  all  the  powers  and  authority,  and  shall  perform 
all  the  duties,  which  now  are  or  may  hereafter  be  con- 
ferred or  imposed  by  law  upon  tree  wardens  or  park 
commissioners  of  towns,  in  relation  to  shade  trees  in 
the  public  ways  in  said  town  :  provided,  hoivever,  that 
the  powers  and  duties  of  said  committee  shall  not  ex- 
tend to  any  trees,  shrubs  or  vines  within  the  limits  of 
any  public  parks  or  public  grounds  of  said  town. 

Section  2.  This  act  shall  take  eflect  upon  its  passage 
so  far  as  to  allow  said  town  to  vote  upon  the  acceptance 
of  the  same,  but  shall  not  take  full  effect  unless  or  until 
it  shall  have  been  accepted  by  two  thirds  of  the  voters 
of  said  town  present  and  voting  thereon  at  a  meeting 
duly  called  for  the  purpose,  and  held  within  one  year 
from  its  passage.  Approved  March  2,  1898. 


ChapAOl  ^^  -^CT  MAKING  APPROPRIATIONS   FOR   SALARIES   AND   EXPENSES   OF 
THE   HARBOR  AND  LAND   COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 
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  hun- 
dred and  ninet3-eight,  to  wit :  — 

For  the  salaries  of  the  harbor  and  land  commissioners, 
sixty-four  hundred  dollars. 

For  compensation  and  expenses  of  the  engineer,  and 
for  clerical  and  other  assistance  authorized  by  the  harbor 
and  land  commissioners,  a  sum  not  exceeding  eight  thou- 
sand dollars. 

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

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

For  expenses  in  connection  with  the  care  and  super- 
vision of  the  province  lands  in  the  town  of  Provincetown, 
to  be  expended  under  the  direction  of  the  harbor  and 


Harbor  and  land 
commissioners. 


Clerical  assist- 
ance, etc. 


Travelling 
expenses,  etc 


Office  expenses. 


Province  lands. 


Acts,  1898.  — Chaps.  108    109.  73 

land  commissioners,   a  sum    not    exceeding   twenty-five 
hundred  dollars. 

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

Approved  March  2,  1898. 


Chap.108 


An  Act  making  appropriations  for  salaries  and  expenses  in 

THE   office   of  THE   STATE   BOARD   OF   HEALTH. 

Be  it  enacted,  etc.,  as  folloios: 

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  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  salary  of  the  secretary  of  the  state  board  of  health'°8ec'!-e°/ 
liealth,  three  thousand  dollars.  ta^y. 

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

For  salaries  and  expenses  in  connection  with  the  in- inspection  of 

[.        '^^       n        -r  1      1  T  milk,  food  and 

spection  01  milk,  food  and  drugs,  a  sum  not  exceeding  drugs. 
eleven  thousand  five  hundred  dollars. 

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

Approved  March  2,  1898. 

An  Act  making  an  appropriation  for  the  payment  of  cer-  (7/i(^r).109 
tain  expenses  in  connection  with  the  pkotection  of  the 

PURITY'   of   inland   WATERS. 

Be  it  enacted,  etc.,  as  folloics : 

Section  1.  A  sum  not  exceeding  thirty  thousand  dol-  ^ifem^utTkc. 
lars  is  hereby  appropriated,  to  be  paid  out  of  the  treas- 
ury of  the  Commonwealth  from  the  ordinary  revenue, 
for  services  of  engineers,  chemists,  biologists  and  other 
assistants,  and  for  other  expenses  made  necessary  and 
authorized  by  chapter  three  hundred  and  seventy-five 
of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight,  in  connection  with  the  protection  of  the  purity 
of  inland  waters  during  the  year  eighteen  hundred  and 
ninety-eight. 

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

Approved  March  2,  1898. 


74 


Acts,  1898.  — Chaps.  110,  111,  112. 


Family  of 
Edward  C. 
Cudigan. 


ChavJllO  -'^^   ■^'^'^    '^^   AUTHORIZE   THE   CITY   OF   BOSTON    TO    PAY    A    SUM    OF 
MONEY  TO   THE   FAMILY   OF   EDAVAKl)   C.   CADIGAN. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1.  The  city  of  Boston  is  hereby  authorized 
to  pay  to  the  family  of  Edward  C.  Cadigan  late  a  mem- 
l)er  of  the  common  council  of  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 
3'ear  eighteen  hundred  and  ninety-seven. 

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

Approved  March  2,  1898. 


Widow  of 
Charles  J. 
Vaughn. 


C]iaV.W\   ^^    ^^^  ^^   AUTHORIZE   THE   CITY   OF    BOSTON    TO    PAY    A    SUM    OF 
MONEY  TO   THE   WIDOW   OF   CHARLES   J.   VAUGHN. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  The  city  of  Boston  is  hereby  authorized 
to  pay  to  the  widow  of  Charles  J.  Vaughn  late  a  clerk 
in  the  employ  of  said  city,  the  balance  of  salaiy  to  which 
he  would  have  been  entitled  had  he  lived  and  continued 
to  hold  his  office  until  the  end  of  the  year  eighteen  hun- 
dred and  ninety-seven. 

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

Approved  March  2,  1S9S. 


Chan  112  -^^  ^^^  '^^  CONFIRM  the  proceedings  of  the  ASSESSORS  OF  THE 
TOWN  OF  BELCHEKTOWN  FOR  THE  YEAR  EIGHTEEN  HUNDRED 
AND    NINETY-FOUR. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The  proceedings  of  the  assessors  of  the 


Proceodings  of 
asscBBorH  of 
Belchertowu 
confirmed. 


town  of  Belchertowu  under  the  provisions  of  section  two 
of  chapter  three  hundred  and  fifty-two  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three,  in  certifying  to 
the  mayor  of  the  city  of  Springfield  on  the  twenty-sixth 
day.  of  August  in  the  year  eighteen  hundred  and  ninet}'- 
four  the  average  valuation  of  land  required  by  said  act, 
shall  not  be  invalid  by  reason  of  the  failure  of  said 
assessors  to  certify  the  same  Avithin  one  year  from  the 
passage  of  said  act ;  and  such  sum  of  money  as  would 
be  due  from  the  city  of  Springfield  to  said  town  of  Bel- 
chertowu had  said  certificate  been  duly  and  legally  made 
shall  be  due  and  payable    as    if  said    certificate  to  the 


Acts,  1898.  — Chaps.  113,  114,  115.  75 

iimyor  of  Springfield  had    been  made    within   the   year 
required  by  said  act. 

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

Approved  March  2,  1898. 


An  Act  to  authorize  the  museum  of  fine  arts  to  hold  addi-  QJidn^W^ 

TIONAL   REAL  AND   PERSONAL  ESTATE. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  In  addition  to  the  land  now  held  by  the  Muy  hold  addi- 
Museum  of  Fine  Arts  and  the  buildings  erected  or  which  peiBonaTest'ate. 
may  be  erected  thereon  and  the  works  of  art  contained 
therein,  said  corporation  may  receive  by  gift,  devise,  be- 
quest or  otherwise,  and  may  hold  and  use  for  the  pur- 
poses for  which  it  was  incorporated,  real  and  personal 
estate  to  an  amount  not  exceeding  five  million  dollars. 

Section  2.     Section  two  of  chapter  one  hundred  and  Repeal. 
ninety-two  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereby  repealed. 

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

A]jproved  March  2,  1898. 

An  Act  to  extend  the  time  within  which  the  amherst  and  /^^^^^  1 14 
sunderland  street  railavav  company  may  construct    its  ^ 

ROAD. 

Be  it  enacted,  etc.,  as  folloivs  : 

Section  eight  of  chapter  one  hundred  and  eleven  of  amendld.^  ^' 
the  acts  of  the  year  eighteen  hundred  and  ninety-six  is 
hereby  amended  by  striking  out  in  the  fourth  line,  the 
word  "two",  and  inserting  in  place  thereof  the  word: 
—  four,  —  so  as  to  read  as  follows: — Section  8.     The  to  become  void 
provisions  of  this  act  shall  Ijecome  void  so  far  as  relates  conditions. 
to  the  right  of  said  company  in  any  town  where  no  por- 
tion of  the  proposed  road  has  l)een  l)uilt  and  put  in  ()j)era- 
tion  at  the  end  of  four  years  from  the  passage  of  this  act. 

Approved  March  2,  1898. 


CJiap.lW 


An  Act  to  change  the  name  of  the  trustees  of  the  Wash- 
ington STREET   METHODIST  EPISCOPAL  CHURCH  OF   BROOKLINE. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.     The  name  of  The  Trustees  of  the  AVash- Name  changed. 
ington  Street  Methodist  Episcopal  Church  of  Brookline 


76  Acts,  1898.  — Chaps.  116,  117. 

is  hereby  changed  to  The  Trustees  of  Saint  Mark's  Metho- 
dist Episcopal  Church  of  Brookline. 
Gifts,  bequests,  Section  2.  All  glfts,  grauts,  bequests  and  devises 
heretofore  or  hereafter  made  to  said  corporation  under 
either  of  said  names  shall  vest  in  The  Trustees  of  Saint 
Mark's  Methodist  Episcopal  Church  of  Brookline. 

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

Approved  March  5,  1898. 

CllCLD  116  ^^    -^^^    '^^    AUTHORIZE     THE    SALEM    LYCEUM     TO     TRANSFER    ITS 
FUNDS   TO  THE   ESSEX  INSTITUTE    OF   SALEM. 

He  it  enacted,  etc.,  as  foUoivs: 

Salem  Lyceum  xhc  corporatiou  orcrauizcd  under  the  authority  of 
to  betrunsferred  chapter  ouc  hundred  and  twenty  ot  the  acts  ot  the  year 
tute.^etc.  "" '"  eighteen  hundred  and  fifty-two,  and  known  as  the  Salem 
Lyceum,  is  hereby  dissolved,  and  the  trustees  thereof 
are  hereby  authorized  and  directed  to  transfer  all  moneys 
now  in  their  hands  and  belono-ino:  to  the  said  Salem 
Lyceum  to  the  Essex  Institute,  a  corporation  duly  estab- 
lished at  said  Salem,  to  be  by  the  said  Essex  Institute 
safely  invested,  and  to  be  known  as  the  Salem  Lyceum 
Fund,  the  income  thereof  to  be  expended  each  year  in 
maintaining  a  course  of  lectures,  which  lectures  shaU  be 
announced  by  said  Essex  Institute  as  being  maintained  by 
said  Salem  Lyceum  Fund.  Ajoproved  March  2,  1898. 

ChdV.Wl  "^^  ^'^^'^  '^'^  PROVIDE  CLERICAL  ASSISTANCE  IN  THE  OFFICE  OF  THE 
REGISTER  OF  PROBATE  AND  INSOLVENCY  FOR  THE  COUNTY  OF 
WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 
Clerical  assist-  Section  1.  The  reo^istcr  of  probate  and  insolvency 
for  the  county  of  Worcester  shall  be  allowed  for  clerical 
assistance,  in  addition  to  the  amount  now  allowed  by 
law,  a  sum  not  exceeding  one  thousand  dollars  a  year, 
from  and  after  the  first  day  of  January  in  the  year  eight- 
een hundred  and  ninety-eight,  to  be  i)aid  from  the  treas- 
ury of  the  Commonwealth  to  persons  who  actually  per- 
form the  work,  upon  the  certificate  of  said  register, 
countersigned  hj  the  judge  of  probate  and  insolvency 
for  said  county,  that  the  work  has  been  actually  per- 
formed by  such  persons. 

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

Approved  March  2,  1898. 


ance. 


Acts,  1898.  — Chaps.  118,  119.  77 


An  Act  to  legalize  the  proceedings  of  the  annual  meeting  nijnj)  IIQ 

OF  the   PKOriUETOKS   OF   THE   DUKES   COUNTY  ACADEMY. 

Be  it  enacted^  etc.,  as  foUoivs: 

Section  1 .     The  proceedinsfs  of  the  annual  meetinof  Proceedinge  of 
of  the  Proprietors  of  the  Dukes  County  Academy,  held  "iSofthr 
on  the  twentieth  day  of  December  in  the  year  eighteen  Acldeti?°ie"^ai- 
hundred  and  ninety-seven,  shall  not  be  invalid  by  reason  '^^''^• 
of  the  fact  that  such  meeting  was  not  held  on  the  last 
Monday  in  November  and  notified  seven  days  previous 
thereto. 

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

Approved  March  2,  1898. 


An  Act  making  appropriations  for  sundry  charitable  ex- 
penses. 


CJiap.lld 


Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Approprmtions. 
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-eight,  to  wit :  — 

state  board  of  lunacy  and  charity. 

For  expenses  of  the  state  board  of  lunacy  and  charity,  Board  of  umacy 
including  travelling  and    other    necessary    expenses   of  ^n'' '^^•'"ty- 
members,    and    salary    and    expenses   of  the  clerk    and 
auditor  of  said  board,  a  sum  not  exceeding  five  thousand 
dollars. 

For  salaries  and  expenses  in  the  department  of  the  indoor  poor. 
indoor  poor,  a  sum  not  exceeding  forty  thousand  dollars. 

For  salaries  and  expenses  in  the  department   of  the  outdoor  poor. 
outdoor  poor,  a  sum  not  exceeding  twenty-seven  thou- 
sand dollars. 

For  salaries  and  expenses  in  the  department  of  the  inspector  of 
inspector  of  institutions,  a  sum  not  exceeding  eleven  '°«*''"'>°"8- 
thousand  dollars. 

For  travelling  and   other   necessary  expenses    of  the  Auxiliary 
auxiliary    visitors    of    the    state    board    of    lunacy   and 
charity,  a  sum  not  exceeding  fourteen  hundred  dollars. 


78 


Acts,  1898.  — Chap.  119. 


Transportation 
of  BtatepauperB, 

State  lunatic 
paupers. 


Maintenance  of 
insane  paupers 
by  certain 
towns. 


Indigent  and 
neglected  chil- 
dren, etc. 


Support  of  cer- 
tain titaie 
paupers. 


I"):ingeroU8 
diseases. 


Kducation  of 
certain  children. 


Sick  state 
paupers. 


Burial  of  stale 
paupers. 


Temporary  aid. 


TJnBettled 
pauper  infantB. 


MISCELLANEOUS    CHARITABLE. 

For  transportation  of  state  paupers,  a  sum  not  ex- 
ceeding eighteen  thousand  dollars. 

For  the  support  and  relief  of  state  paupers  in  state 
lunatic  hospitals  and  asylums  of  the  Commonwealth, 
and  of  state  lunatic  paupers  boarded  out  in  families,  for 
the  present  and  previous  years,  a  sum  not  exceeding  two 
hundred  thousand  dollars. 

The  reimbursement  of  expenses  incurred  by  certain 
towns  in  the  maintenance  of  the  insane,  as  })ro\'idcd  for 
by  chapter  two  hundred  and  forty-three  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-two,  shall  be  paid 
from  the  approj^riation  for  the  support  of  state  lunatic 
paupers,  and  any  unpaid  bills  of  previous  years  may  be 
paid  from  the  appropriation  of  the  present  year. 

For  the  care  and  maintenance  of  indigent  and  neglected 
children  and  juvenile  offenders,  to  include  expenses  in 
connection  with  the  same,  a  sum  not  exceeding  one  hun- 
dred 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  ten  thousand  dollars. 

For  cx])enses  in  connection  with  sniall})ox  and  other 
diseases  dangerous  to  the  })ublic  health,  for  the  present 
and  previous  years,  a  sum  not  exceeding  three  thousand 
dollars. 

For  the  education  and  instruction  in  the  public  schools 
in  any  city  or  town  in  the  Commonwealth  of  children 
boarded  or  bound  out  by  the  state  board  of  lunacy  and 
charity,  for  the  present  and  previous  years,  a  sum  not 
exceeding:  eisrht  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 
one  hundred  and  twenty-five  thousand  dollars. 

For  the  burial  of  state  paupers  by  cities  and  towns, 
for  the  present  and  previous  years,  a  sum  not  exceeding 
ten  thousand  dollars. 

For  temporary  aid  for  state  paupers  and  shipwrecked 
seamen  by  cities  and  towns,  for  the  present  and  previous 
years,  a  sum  not  exceeding  forty  thousand  dollars. 

For  the  support  and  transportation  of  unsettled  pau- 
\)eY  infants  in  this  Commonwealth,  including  infants  in 


Acts,  1808.  —  Chaps.  120,  121.  79 

infant  asylums,  a  sum  not  exceeding  thirty-two  thousand 
dollars. 

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

Approved  March  2,  1898. 

An  Act  making  appropriations  for  salaries  and  expenses  at  ni  ^.^  -190 

THE   state   farm.  ^  '     ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  a p- 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  hun- 
dred and  ninety-eight,  to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the  state  farm. 
state  farm,  a  sum  not  exceeding  forty  thousand  dollars. 

For  current  expenses  at  the  state  farm,  a  sum  not  ex-  Eipeusea. 
ceeding  ninety-seven  thousand  dollars. 

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

Approved  March  2,  1898. 

An  Act  to  regulate  the  use  of  bicycles  and  similar  vehicles,  r^j        ^  01 
^   .  (Jliap.lAi 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  four  hundred  and  1^94, 479,  §  1, 
seventy-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  hereb}^  amended  by  striking  out  the 
words  "or  park",  in  the  third  and  ninth  lines,  respec- 
tively, and  inserting  in  each  instance  in  place  thereof, 
the  words  :  —  park,  or  land  or  driveway  appurtenant  to 
any  public  reservoir,  —  by  inserting  in  the  sixth  line, 
after  the  word  "  city  ",  the  words  :  —  or  lands  or  drive- 
ways appurtenant  to  any  public  reservoir,  —  and  by 
striking  out  in  the  sixth  and  eighth  lines,  respectively, 
the  word.s  "the  same",  and  inserting  in  each  instance 
in  place  thereof,  the  words  :  —  such  machine,  —  so  as 
to  read  as  follows:  —  /Section  1.  Whoever,  without  use  of  bicycios, 
the  permit  provided  for  in  section  three  of  this  act, 
rides  in  a  public  highway  or  town  way,  street,  s(|uare, 
park,  or  land  or  driveway  appurtenant  to  any  public 
reservoir,  a  bicycle  or  tricycle  at  a  rate  of  speed  ex- 
ceeding ten  miles  an  hour,  or  rides  such  machine  on  a 
sidewalk,  or  rides  such  machine  in  the  streets,  squares 
or  parks  of  any  city,  or  lands  or  driveways  appurtenant 


80  Acts,  1898.  —  Chap.  122. 

to  any  public  reservoir,  when  such  machine  is  not  pro- 
vided with  a  suitable  alarm  bell  adapted  for  use  by  the 
rider,  or  after  sunset  rides  .such  machine  in  any  public 
way,  square,  park,  or  land  or  driveway  appurtenant  to 
any  public  reservoir,  whether  within  or  without  the  limits 
of  a  city,  when  such  machine  is  not  provided  with  such 
suitable  alarm  bell,  shall  be  punished  by  fine  not  exceed- 
ing twenty  dollars  for  each  offence,  and  shall  be  further 
liable  for  all  damages  occasioned  to  any  person  by  such 
unlawful  act. 

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

Approved  March  5,  1898. 

ChaV.^2i2  ^^^    ^^^    RELATIVE   TO    THE    CONSTRUCTION    OF    A     15KIDGE    ACROSS 
THE   CONNECTICUT   RIVER   AT   NORTHKIELU. 

Be  it  enacted,  etc.,  as  follows: 
County  cotnmis-      Section  1.     The  couutv  commissioncrs  of  the  county 

flioners  to  -  .  "  .  . 

receive  pay  for  of  Franklin  shall   severally   receive   such  pav  for  their 

certain  Bcrvices,  .  ,  .       ^  ..  jijj- 

etc.  services  and  expenses    in    supervising   the    construction 

of  the  bridge  across  the  Connecticut  river  at  Northfield, 
authorized  by  chapter  four  hundred  and  ninety-seven  of 
the  acts  and  resolves  of  the  year  eighteen  hundred  and 
ninety-seven,  as  shall  be  approved  by  a  justice  of  the 
superior  court.  The  amount  so  allowed  shall  be  re- 
garded as  a  part  of  the  cost  of  such  bridge,  and  shall 
be  included  in  the  sum  to  be  apportioned  upon  the 
towns  specially  benefited  and  the  county,  in  the  manner 
provided  in  said  chapter. 
money°for'Iur-  SECTION  2.  The  county  commissioncrs  of  the  county 
veys  and  plans,  ^f  Franklin  are  authorized  to  expend  a  sum  not  exceed- 
ing one  thousand  dollars  for  surveys  and  plans,  which 
sum  shall  l)e  included  in  the  cost  of  the  bridge  authorized 
to  be  built  across  the  Connecticut  river  at  Northfield.  In 
case  such  bridge  shall  not  be  constructed  such  sum  may 
be  included  in  the  county  tax  for  the  year  eighteen  hun- 
dred and  ninety-nine.  Said  county  commissioners  are 
authorized  to  borrow  on  the  credit  of  said  county  not 
exceeding  one  thousand  dollars  for  such  purpose,  for  a 
period  not  exceeding  two  years. 

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

Approved  March  5,  1898. 


Acts,  1898.  —  Chaps.  123,  124.  81 


An    Act  relativk   to   the   electric    loan    ok  the  town  of  /^^^^IQQ 

1>ANVEKS.  -^  ' 

Be  it  enai'ted^  etc.,  as  follows: 

Section  1.     Section    oiijlit  of  cliai)ter  throe  hundred  1891.378,  §8, 

,  ,  ^  ,  '  amended. 

and  sev-enty-eight  ot  the  acts  01  the  year  eighteen  hun- 
dred and  ninety-one  is  hereby  amended  by  striking  out 
the  whole  of  said  section  and  inserting  in  phicc  thereof 
the  following:  —  Section  8.  Said  town  of  Danvers  may  Danvers 
for  the  purposes  of  this  act  incur  a  debt  not  to  exceed  '-'''''*"'=  ^^°''°- 
five  per  cent,  of  the  total  valuation  of  the  estates  in  said 
town,  including  the  sum  already  expended  by  said  town 
for  its  existing  electric  light  })lant,  and  may  from  time 
to  time  issue  bonds,  notes  or  scrip  not  exceeding  such 
sum.  Such  bonds,  notes  or  scrip  shall  bear  on  their 
face  the  words,  Danvers  Electric  Loan,  shall  be  payable 
at  the  expiration  of  periods  not  exceeding  thirty  years 
from  date  of  issue,  shall  bear  interest,  payable  semi- 
annually, at  a  rate  not  exceeding  five  per  cent,  per 
annum,  and  shall  be  signed  by  the  treasurer  and  counter- 
signed by  the  selectmen  of  the  town  ;  and  the  indebted- 
ness thereby  created  shall  not  be  included  in  determining 

the  debt  limit  of  said  town.     The   said  town  may  sell  securities  may 

1  •  •  1  1  •  •  111®       °'' 

such  securities  at  public  or  private  sale,  or  pledge  the  pledged. 

same  for  money  borrowed  for  the  purposes  of  this  act, 

upon  such  terms  and  conditions  as  it  may  deem  proper : 

provided,  that  such  securities  shall  not  be  sold  or  pledged  Pro^'^o- 

for  less  than  the  par  value  thereof  and  accrued  interest. 

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

Approved  March  3,  189S. 


Chap.124: 


An  Act  to  moue  EFFECTUALLy  prevent  the  unlawful  use  of 

FERRETS   FOR   HUNTING   PURPOSES. 

Be  it  enacted,  etc.,  as  folio ics : 

The    possession  of  a  ferret    in    any  place    where  the  Fenots  not  to 
game  mentioned  in  section  six  of  chapter  two  hundred  huntltg  i?ur. 
and  seventy-six  of  the  acts  of  the  year  eighteen  hundred  {.'agesV"  *'*'""'" 
and  eighty-six,  as  amended  by  chapter  two  hundred  and 
fifty-four  of  the  acts  of  the  year  eighteen   hundred  and 
ninety-one,  might  be  taken  or  killed,  shall   be   presump- 
tive evidence  that  the  person  having  such  ferret  in  pos- 
session has  used  the  same  for  taking   and  killing  game 
in  violation  of  said  section.         Approved  March  3,  1898. 


82  Acts,  1898.  — Chaps.  125,  126. 


Chaj).125  ^  ^^'^  RELATIVE  TO  THE  USE  OF  PUBLIC  BATHS,  WASH  HOUSES, 
AND  OPEN  BATHIXa  PLACES  IK  TOWNS,  AND  TO  PROVIDE  FOR  IN- 
STRUCTION IN  THE  ART   OF  SWIMMING. 

Be  it  enacted,  etc.,  asfolloivs: 

may"utepu°buc       Section  1.     Ahj  towH  which  lias  lawfully  established 

baths,  etc  or  may  hereafter  lawfully  establish  public  baths,  wash 

couditiouB.        houses  or  open  bathing  places,  may  authorize  its  officers 

having  charge  thereof  to   permit  persons  not  residents 

of  said  town  to  use  said  baths,  wash  houses  and  open 

bathing  places,  under  such   rules   and   regulations    and 

upon  payment  of  such  rates  as  may  seem  expedient  to 

such  officers  ;  but  such  rules  and  regulations  and  rates 

of  payment  shall  be  subject  to  alteration  at  any  time, 

and  such  town  may  at  any  time  revoke  such  authority. 

Kveninthe^      SECTION  2.     Any  towH  which  has  lawfully  established 

art  of  swim-       or  may  licreafter  lawfullv  cstabHsh  public  baths  or  open 

mint?.  ^  »'  ...  .. 

bathing  places,  may  provide  for  giving  instruction  in 
the  art  of  swimming  in  such  public  baths  or  open  bath- 
ing places,  under  such  rules  and  regulations  as  to  rates 
and  otherwise  as  may  from  time  to  time  be  made  by  the 
officers  having  charge  thereof,  and  any  such  town  may 
appropriate  money  for  giving  such  instruction. 

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

Approved  March  3,  1898. 


miug. 


CAa79.126  -^'^   ^^'^  T*^  AUTHORIZE  THE  TOWN  OP  SOUTH  HADLEY  TO  REFUND 

A   PORTION   OF   ITS   DEBT. 

Be  it  enacted,  etc.,  as  follows: 
May  iBsue  SECTION  1 .     The  town  of  South  Hadley  is  hereby  au- 

bonds,  notes  or.,..  .  •  ^  i  i  • 

ecrip,  etc.  thorizcd  to  issuc  irom  time  to  time  l)onds,  notes  or  scrip 

to  an  amount  not  exceeding  twenty-one  thousand  dollars, 
for  the  purpose  of  refunding  a  portion  of  its  note  in- 
debtedness at  present  existing,  as  it  becomes  due.  The 
bonds,  notes  or  scrip  issued  under  the  provisions  of  this 
act  shall  bear  interest,  payable  semi-annually,  at  a  rate 
not  exceeding  five  per  cent,  per  annum.  They  shall  be 
signed  by  the  treasurer  and  countersigned  by  the  select- 
men of  the  town,  and  may  be  sold  or  negotiated  at  public 
or  private  sale,  and  the  proceeds  shall  be  used  to  discharge 
an  equal  amount  of  tlie  existing  note  indebtedness  of  said 
p.  B.  29, etc.,  town.  The  provisions  of  chapter  twenty-nine  of  the  Pub- 
oappy.  ij^  Statutes  and  of  acts  in  amendment  thereof  and  in  ad- 


Acts,  1898.  — Chaps.  127,  128.  83 

dition  thereto  shall,  except  as  herein  otherwise  provided, 
apply  to  the  indebtedness  authorized  by  this  act  and  to 
the  securities  issued  therefor. 

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

Approved  March  3,  1898. 


Chap.127 


An  Act  relative  to  the  indebtedness  incurred  by  the  town 
of  norwood  for  park  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Norwood,  for  the  purpose  Mny  issue 
of  meeting  the  expense  of  the  establishment  of  a  public  script  etc!^*  °' 
park  or  parks  in  said  town,  and  the  purchase  or  taking 
of  land  therefor,  may  incur  indebtedness,  and  may  issue 
negotiable  notes,  bonds  or  scrip  therefor,  payable  within 
such  period  or  periods  as  said  town  may  by  vote  deter- 
mine, not  exceeding  thirty  years  fi"om  the  date  of  issue. 

Section  2.  Said  town  may  provide  for  the  payment  Payment  of 
of  such  indebtedness  in  annual  proportionate  payments, 
as  prescribed  by  chapter  one  hundred  and  thirty-three 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-two, 
or  by  establishing  a  sinking  fund,  as  required  by  chapter 
twenty-nine  of  the  Public  Statutes.  If  said  town  shall 
establish  such  sinking  fund  the  trustees  of  the  sinking 
fund  established  for  the  payment  of  the  Norwood  water 
loan  shall  also  act  as  trustees  of  the  sinking;  fund  estab- 
lished  for  the  payment  of  the  indebtedness  contracted 
under  the  authority  of  this  act. 

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

Approved  March  3,  1898. 


Chap.128 


An  Act  to  authorize  the  quinct  market  cold  storage  com- 
pany TO  increase  its  capital  stock  and  to  ratify  and 
confirm  its  franchises  and  locations  in  the  city  of 
boston. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1.     The  Quincy  Market  Cold  Storage  Com-  May  increase 

.  '        1  1  1         i_  111    capital  stock, 

pany,  a  corporation  organized  under  chapter  one  hundred  etc. 
and  six  of  the  Public  Statutes  and  having  a  paid-up  capi- 
tal stock  of  eight  hundred  thousand  dollars,  is  herel)y 
authorized  to  increase  its  capital  stock  in  the  manner 
which  is  now  or  may  hereafter  be  provided  by  law  for 
the  increase  of  the  capital  stock  of  manufacturing  cor- 
porations, at  such  times  and  in  such  amounts  as  it  may 


Proviso. 


84  Acts,  1898.  —  Chaps.  129,  130. 

from  time  to  time  determine,  for  the  purpose  of  paying 
debts  incurred  in  construction  and  in  the  enlarging,  add- 
ing to  and  extending  of  its  plants  and  street  pipes  :  pro- 
vided^ that  the  whole  amount  of  its  capital  stock  shall 
not  exceed  one  million  Hve  hundred  thousand  dollars. 
Certain  actB,  SECTION    2.       Thc    francluscs    or   licenses   heretofore 

etc.,  ratiried  and 

coutirmed.  granted  and  the  locations  given  to  said  company  by 
the  board  of  aldermen  of  the  city  of  Boston  for  laying 
pipes  and  conduits  in  and  under  certain  streets  in  said 
city  for  purpoj^es  of  refrigeration  and  cooling,  and  the 
acts  done  thereunder,  are  hereby  ratified  and  confirmed. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  3,  1898. 

Chap.l2l^  A^  ^CT  TO  EXTEND  THE  TIME  WITHIN  WHICH  THE  FALL  RIVER 
AND  PROVIDENCE  STREET  RAILWAY  COMPANY  MAY  CONSTRUCT 
AND   OPERATE   ITS   ROAD. 

•  Be  it  enacted,  etc. ,  as  follows : 
Time  extended.  SECTION  1.  The  time  witliiu  which  the  Fall  River  and 
Providence  Street  Railway  Company  is  authorized  by 
chapter  three  hundred  and  forty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five  to  construct  and 
operate  its  railway  is  hereby  extended  to  the  first  day 
of  October  in  the  year  eighteen  hundred  and  ninety-nine. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1898. 

(JJiap.\SO  An  Act  to  incorporate  the  fitchburg  helping  hand  asso- 
ciation. 

Be  it  enacted,  etc.,  as  folloios: 
Fitchburg  Help.      Section  1.     Anna  M.  Bailey,  Martha  B.  Bennett,  Har- 
ci.ition  incor-      I'iet  E.  Coun,  Cora  II.  Coolidirc,  Fannie  B.   Davis,  Lucy 
porated.  j,^^^^  Jennie  L.  Fiske,  Mary  L.  Garfield,  Myrtie  L.  Gove, 

Jennie  M.  Hills,  Mary  E.  Ilolgate,  Alice  Miller,  Bessie 
L.  Newcoml),  Martha  M.  Simonds,  Josie  Watson,  Helen 
A.  Wallace,  Martha  L.  Weyman  and  Emma  J.  Wey- 
mouth, all  of  Fitch))urg,  and  their  successors,  are  hereby 
made  a  cori)oration  by  the  name  of  the  Fitchburg  Help- 
ing Hand  Association,  for  the  purpose  of  providing  a 
home  or  homes  for  young  women. 
^dVereonar'  Section  2.  Said  corporation  shall  have  authority  for 
estate.  thc  purposc  aforcsaid,  and  no   other,  to   hold   real   and 

personal  estate  to  thc  amount  of  seventy-five  thousand 
dollars. 


Acts,  1898.  — Chap.  181.  85 

Section  3.    The  said  corporators,  together  with  George  Trustess,  eiec 
H.  Hastings,  of  said  Fitchburg,  the  founder  of  said  asso-  ^'°"' »«■•««•«"'• 
ciation,  who  shall  serve  for  the  term  of  his  life,  shall  con- 
stitute a  board  of  trustees,  whose  terms  of  office,  except 
as  above  stated,  shall  be  as  hereinafter  specified.     The 
trustees  shall,  immediately  upon  the  passage  of  this  act, 
meet  and  organize  by  the  election  of  a  president,  treas- 
urer and  clerk,  and  shall  elect  six  of  their  number,  who 
shall  serve  as  trustees  until  the  third  Monday  of  Septem- 
ber in  the  year  eighteen  hundred  and  ninety-eight,  and 
six  who  shall  serve  until  the  third  Monday  of  September 
in  the  year  eighteen  hundred  and  ninety-nine,  and  the 
remaining  six  shall  be  elected  to  serve  until  the  third 
Monday  of  September  in   the   year   nineteen   hundred. 
The   trustees  so    elected   shall    severally  hold  office  for 
the  terms  for  which  they  are  elected  and  until  their  suc- 
cessors are  chosen,  and  thereafter  each  class  in  succes- 
sion shall  hold  office  for  the  period  of  three  years.     Seven  Quorum. 
members  shall  constitute  a  quorum,  except  for  the  elec- 
tion and  removal  of  trustees,  when  ten  members  shall  be 
recjuired,     "Whenever  a  vacancy  shall  occur  in  the  board  "v^acancy, 
of  trustees  bv  reason  of  the  death,  resignation  or  other- 
wise,  of  the  members  so  elected,  the  remaining  trustees 
shall  fill  the  vacancy  for  the  unexpired  term.     The  an- Annual  meet- 
nual  meeting  shall  be  held  at  such  date  and  place  in  Jan-  '"^' 
uary  of  each  year  as  the  trustees  shall  determine. 

Section  4.  The  said  trustees  shall  annually  elect  a  Election  of 
president,  treasurer  and  clerk,  and  shall  have  full  power  "  '=«'■«> ^'^• 
to  ap{)()int  or  elect  such  other  officers  as  they  shall  from 
time  to  time  think  necessary  or  expedient,  and  determine 
their  terms  of  office,  and  to  remove  any  elective  trustee 
who  sliall  become  incapacitated  through  age,  infirmity  or 
any  other  cause  for  the  discharge  of  her  duties  as  said 
trustee,  or  who  by  unreasonable  absence  from  the  meet- 
ings of  the  board  shall  fail  to  perform  the  duties  of  her 
office,  and  generall}^  to  do  all  acts  and  things  necessary 
or  expedient  to  be  done  for  the  purpose  of  carrying  into 
full  efi'ect  the  provisions  and  purposes  of  this  act. 

Approved  March  5,  189S. 

An  Act  RELAxrvE  to  the  authority  of  judges  ok  probate  QJinj)  I3I 

AND  INSOLVENCY. 

J5e  it  enacted,  etc.,  asfoUoivs: 

Section  1.     Judges  of  probate  and  insolvency  may,  May  make 
in  all  cases  in  which  a  decree,  order  or  allowance  can  be  la  cen^inlaees 


86  Acts,  1898.  — Chap.  132. 

at  anyplace  in  madc  witbout  a  hearing;,  and  in  all  cases  where  a  hearing 
wealth,  etc.  luis  bccn  had,  make  such  decree,  order  or  allowance  and 
approve  any  and  all  bonds  at  any  place  in  the  Common- 
wealth, with  the  same  efl'ect  as  if  so  signed  and  approved 
in  their  respective  counties ;  and  whenever  a  judge  of 
probate  and  insolvency  shall,  under  the  provisions  of 
chapter  three  hundred  and  seventy-seven  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four,  act  in  a 
county  other  than  his  own,  all  such  decrees,  orders  or 
allowances  may  be  signed,  and  all  bonds  presented  for 
approval  may  be  approved,  outside  of  the  county  in 
which  he  may  have  been  designated  to  act.  But  this 
act  shall  not  affect  the  validity  of  any  decree,  order  or 
allowance  signed  or  bond  approved  prior  to  its  passage. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1898. 

Ch(Xp.\3^  ^^   ^^'^  RELATIVE   TO   THE    FILLING   OF   VACANCIES    IN    THE    HOARD 
OF   ALDERMEN   OF   THE   CITY   OF   CHICOPEE. 

Be  it  enacted,  etc.,  as  follows : 

amended.^ '"  Scction  scvcn  of  chaptcr  two  hundred  and  thirty-nine 

of  the  acts  of  the  year  eighteen  hundred  and  ninety-seven 
is  hereby  amended  by  striking  out  in  the  fourteenth  to 
the  twentieth  lines,  the  words  "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  munici- 
pal year,  the  board  of  aldermen  may  forthwith  elect  some 
person  or  persons  to  till  the  vacancy  or  vacancies  until  the 
next  municipal  election",  and  inserting  in  place  thereof 
the  following: — If  the  full  number  of  members  of  the 
l)oard  of  aldermen  has  not  been  elected  the  l)oard  of 
aldermen  shall  forthwith  call  a  meeting  or  meetings,  as 
the  case  may  be,  for  a  new  election  to  till  any  vacancy  or 
vacancies  which  may  exist  by  reason  of  a  faihire  to  elect, 
and  the  same  proceedings  shall  be  had  in  all  respects  as 
are  provided  for  the  annual  municipal  election,  and  shall 
be  repeated  until  such  vacancy  or  vacancies  are  tilled. 
If  a  vacancy  in  the  office  of  alderman  shall  occur,  from 
any  other  cause  than  a  failure  to  elect,  more  than  six 
months  previous  to  the  expiration  of  the  municipal  year, 
the  board  of  aldermen  may  forthwith  elect  some  person 
or  persons  to  till  the  vacancy  or  vacancies  until  the  next 


Acts,  1898.  — Chap.  132.  87 

municipal  election,  and  at  said  next  municipal  election 
the  further  vacancy,  if  any,  shall  be  tilled  for  the  re- 
mainder of  the  unexpired  term,  in  the  same  manner  as 
the  member  whose  office  is  vacant  was  elected,  —  so  as 
to  read  as  follows  :  —  Section  7.  If  it  shall  appear  that  vncmiciesin 
there  is  no  choice  oi  a  mayor,  or  it  the  person  elected  chicopee. 
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  mu- 
nicipal year,  the  board  of  aldermen  shall  forthwith  call 
meetings  for  a  new  election,  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  maj'or  shall  occur  within  the  three  months 
previous  to  the  expiration  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  the  board  of  aldermen  shall  forth- 
with call  a  meeting  or  meetings,  as  the  case  may  be,  for 
a  new  election  to  fill  any  vacancy  or  vacancies  which  may 
exist  by  reason  of  a  failure  to  elect,  and  the  same  pro- 
ceedings shall  be  had  in  all  respects  as  are  provided  for 
the  annual  municipal  election,  and  shall  be  repeated  until 
such  vacancy  or  vacancies  are  filled.  If  a  vacancy  in  the 
office  of  alderman  shall  occur,  from  any  other  cause  than 
a  failure  to  elect,  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  vacancies  until  the  next  municipal  election, 
and  at  said  next  municipal  election  the  further  vacancy, 
if  any,  shall  be  filled  for  the  remainder  of  the  unexpired 
term,  in  the  same  manner  as  the  member  whose  office  is 
vacant  was  elected.  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 
:ihsence  or  disal)ility  of  the  city  clerk  or  of  the  city  treas- 
urer the  board  of  aldermen  shall  elect  a  city  clerk  or  city 
treasurer  pro  tempore.  In  each  of  such  cases  the  city 
clerk  or  city  treasurer  shall  be  sworn  and  shall  perform 
the  duties  of  the  office  to  which  he  is  elected. 

Approved  March  5,  1898. 


88  Acts,  1898.  — Chaps.  133,  13i,  135. 


Chnp.liSS   ^^  ^'^'^  "^^   AUTHORIZE   THE   CITY   OF   CAMBRIDGE   TO   REFUND   CER- 
TAIN  SUMS   OF  MONEY  PAID    ON   ACCOUNT   OF  PARK  BETTERMENTS. 

Be  it  enacted,  etc. ,  as  follows  : 

f^UuBuL  Of       Section  1.     The  city  of  Cambridge  may  refund  to  the 
raouey.  parties  who  without  protest,  prior  to  the  passage  of  this 

act,  have  overpaid  to  the  city  certain  park  assessments, 
by  reason  of  discounts  subsequently  allowed  on  the  same, 
such  sums  of  money  as  the  city  council  shall  by  vote  de- 
termine and  the  mayor  shall  approve,  to  the  amount  of 
the  discount  allowed  in  each  case. 

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

Approved  March  5,  1898. 


Oh  at)  134  ^^  ^^"^  ^^  REQUIRE  THE  DESCRIPTION  AND  PLAN  OF  LANDS  PUR- 
CHASED  OR  TAKEN  FOR  PUBLIC  SEWER,  STREET  AND  HIGHWAY 
PURPOSES,   TO   BE   FILED   IN   THE   REGISTRY   OF   DEEDS. 

Be  it  enacted,  etc.,  as  follows  : 

Description  and      SECTION  1.     Hereafter  in  all  cases  in  which  lands  are 

lands  to  be  tiled,  purchascd  Or  talvcn  for  public  sewer,  street  or  highway 

purposes,  the  city,  town  or  other  authority,  within  sixty 

days  after  the  passage  of  its  order  or  vote  so  to  purchase 

or  take,  shall  cause  the  description  and  plan  of  the  lands 

purchased  or  taken  to  be  filed  in  the  registry  of  deeds  for 

the  county  and  district  in  which  the  lands  are  situated. 

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

Apjjroved  March  3,  1898. 


ChciP,\S5   ^^  -^^"^  MAKING  APPROPRIATIONS   FOR   SALARIES    AND   EXPENSES   IN 
THE   OFFICE   OF   THE   INSURANCE   COMMISSIONER. 

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

mh."™uer.''°"''  For  the  salary  of  the  insurance  commissioner,  thirty- 
five  hundred  dollars. 

Deputy.  p^^  ^jjg  salary  of  the  deputy  insurance  commissioner, 

twenty-five  hundred  dollars. 


Acts,  1898.  — Chaps.  136,  137.  89 

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

For  the  salary  of  the  examiner  in  the  insurance  depart-  Examiner. 
ment,  two  thousand  dollars. 

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

For  the  salary  of  the  second  clerk  of  the  insurance  second  cierii. 
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 
ance  commissioner  may  find  necessary  for  the  despatch  '''^"^''*'  "'*'■ 
of  public  business,  a  sum  not  exceeding  twenty-one  thou- 
sand three  hundred  and  eighty  dollars. 

For  incidental  and  contingent  expenses  of  the  insurance  Expenses. 
commissioner,  a  sum  not  exceeding  three  thousand  dollars. 

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

Approved  March  5,  1898. 

An  Act  making  an  appropriation  for  expenses  in  connec-  CJIinj)  1S6 

TION   WITH   ENFORCING   THE    LAW    TO    REGULATE    THE    PRACTICE 
OF   PHARMACY. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  sum  of  sixty-five  hundred  dollars  is  Enforcing  law 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  practice ofpbar. 
the  Commonwealth  from  the  ordinary  revenue,  for  the  """'^' 
purpose  of  meeting  expenses  in  connection  with  the  en- 
forcement of  the  law  to  regulate  the  practice  of  pharmacy, 
during  the  year  ending  on  the  thirty-first  day  of  Decem- 
ber in  the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  March  3,  1898. 

An  Act  to  authorize  the  homceopathic  medical  dispensary  nj^fj^n  IQ7 

TO  transfer   its   funds   and   property   to   the    MASSACHUSETTS 

hom<eopathic  hospital. 
Be  it  enacted,  etc.,  as  folloivs  : 

Section  1.     The  Homoeopathic   Medical  Dispensary,  May  transfer 
incorporated  by  chapter  one  hundred  and  ninety-one  of  eny  to^Massa"^" 
the  acts  of  the  year  eighteen  hundred  and  fifty-six,  and  opathi"  n^spl^' 
the  trustees  thereof,  are  hereby  authorized  to  transfer,  *"'• 
assign,  set  over  and  convey  all  the  funds  and  property 
now  or  hereafter  held  by  it  or  them  for  the  charitable 


90  Acts,  1898.  — Chaps.  138,  139. 

purposes  of  said  dispensary,  to  the  Massachusetts  Homce- 
opathic  Hospital,  incorporated  by  chapter  four  hundred 
and  eleven  of  the  acts  of  the  year  eighteen  hundred  and 
fifty-five,  and  said  Massachusetts  Homoeopathic  Hospital 
is  hereby  authorized  to  receive  and  accept  the  same,  and 
to  hold,  manage,  use  and  dispose  of  the  same  as  the 
trustees  of  the  said  hospital  may  from  time  to  time  deem 
best  for  the  fulfilment  of  the  charitable  purposes  of  a 
dispensary. 

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

^proved  March  5,  1898. 

C/lftT?.  138   ■'^^  ^^"^  RELATIVE   TO   THE   APPOINTMENT   OF   TESTAMENTARY   GUAR- 
DIANS. 

Be  it  enacted,  etc.,  as  foUo^vs : 

rmended.^^'  Scction  fivc  of  chapter  one  hundred  and  thirty-nine 

of  the  Public  Statutes  is  hereby  amended  by  inserting 
after  the  word  "  appoint ",  in  the  second  line,  the  words  : 
—  subject  to  the  approval  of  the  probate  court,  — so  as 

Appointment     ^q  Tend  as  follows  :  —  SectioTi  5.     A  father,  or,  in  case 

of  testamentary      ^        r"     ^  ^  ti-i  •• 

guardians.  the  father  has  died  without  exercising  the  power,  a  mother, 
may  by  his  or  her  last  will  in  writing  appoint,  subject  to 
the  approval  of  the  probate  court,  guardians  for  his  or 
her  children,  whether  born  at  the  time  of  making  the 
will  or  afterwards,  to  continue  during  the  minority  of 
the  child  or  for  a  less  time.  Such  testamentary  guar- 
dians shall  have  the  same  powers  and  perform  the  same 
duties,  with  regard  to  the  person  and  estate  of  the  ward, 
as  guardians  appointed  by  the  probate  court. 

Approved  March  5,  1898. 

C^tt».139  A^   -'^CT   MAKING   APPROPRIATIONS   FOR   SALARIES   AND  EXPENSES  AT 
THE   STATE  INDUSTRIAL   SCHOOL   FOR   GIRLS. 

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-eight,  to  wit:  — 

l-hooHorgiH^s^.  For  the  ])a3'ment  of  salaries,  wages  and  labor  at  the 
state  industrial  school  for  girls,  a  sum  not  exceeding 
thirteen  thou.sand  four  hundred  dollars. 


Acts,  1898.  — Chap.  140.  91 

For  current  expenses  at  the  state  industrial  school  for  Expensea. 
girls,  a  sum  not  exceeding  nineteen  thousand  one  Imndred 
and  twenty-five  dollars. 

For  expenses  in  connection  with  boarding  out  younger  Boarding  out 
girls  from  the  state  industrial  school,  a  sum  not  exceed-  ^"""^'^' ^""  "*• 
ing  twenty-five  hundred  dollars. 

For  the  education  and  instruction  in  the  public  schools  Etiucauon  of 
in  any  city  or  town  in  the  Commonwealth  of  children  boarded  out, 
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  effect  upon  its  passage. 

Approved  March  4,  1898. 

An  Act  to  authorize  the  city  of  new  Bedford  to  incur  in-  (7^(2X>.140 
debtedness  for  park  purposes,  beyond  the  limit  fixed  by 

LAW. 

Be  it  enacted^  etc.,  as  folloivs : 

Section  1.  The  city  of  New  Bedford,  for  the  purpose  New  Bedford 
of  paying  for  lands  heretofore  acquired  or  which  may 
hereafter  be  acquired  by  it  for  public  parks  or  for  the 
extension  of  existing  parks,  and  for  defraying  the  cost 
and  expenses  of  constructing  said  parks  or  extensions, 
may  from  time  to  time  incur  indebtedness,  in  addition 
to  the  amount  already  authorized  by  law,  to  an  amount 
not  exceeding  one  hundred  thousand  dollars  beyond  the 
limit  of  indebtedness  fixed  by  law  for  said  city ;  and  for 
said  pur})oses  may  issue  from  time  to  time  bonds,  notes 
or  scrip,  not  exceeding  in  the  aggregate  said  amount. 
Such  bonds,  notes  and  scrip  shall  bear  on  their  face  the 
words.  New  Bedford  Park  Loan,  shall  be  payable  at  the 
expiration  of  periods  not  exceeding  fifty  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  purposes  aforesaid,  upon  such  terms  and  condi- 
tions as  it  may  deem  proper. 

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

Approved  March  7,  1898. 


92  Acts,  1898.  — Chaps.  141,  142,  143. 


ChapA4:l   -^^    ^^'^   '^^   AUTHORIZE   THE   SALE   OF    CERTAIN    LAND    TAKEN    FOR 
PUBLIC   PARK   PURPOSES   IN   THE   CITY   OF    BOSTON. 

Be  it  enacted,  etc.,  as  follows  : 

tff/parceioT'        SECTION  1.     The  boarcl  of  park  commissioners  of  the 
land,  etc.  city  of  BostoH  is  hereby  authorized,  with  the  approval  of 

the  mayor  of  said  city,  to  sell  a  parcel  of  land  containing 
nine  hundred  twenty-one  and  eight  tenths  square  feet,  situ- 
ated on  the  northwesterly  side  of  the  Back  Bay  Fens,  at 
the  junction  of  Audubon  road  and  Peterborough  street,  in 
said  city,  and  to  apply  the  proceeds  of  the  sale  to  the  pay- 
ment of  other  lands  taken  by  said  city  for  park  purposes. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  8,  1898. 

ChcivA.4i2  ^^     ^^"^    RELATIVE    TO    GROUNDS    FOR     THE     PARADE,    DRILL    AND 
TARGET  PRACTICE   OF  THE   MILITIA   OF  THE  CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

^nrV°J»1wt^to       Section  1.     No  land  shall  be  acquired  by  the  city  of 

be  acquired        BostoH  for  a  grouud  or  place  for  the  parade,  drill  and 

1899.'      ""*"  '  target  practice  of  the  militia  of  said  city  under  the  })ro- 

visions  of  section  ninety  of  chapter  three  hundred  and 

sixty-seven  of  the  acts  of  the  year  eighteen  hundred  and 

ninety-three,  prior  to  the  first  day  of  June  in  the  year 

eighteen  hundred  and  ninety-nine. 

nortobra^^^        Section  2.     Any  amount  of  money  heretofore  voted  and 

vided.etc.,         appropriated  by  the  city  of  Boston  in  compliance"  witli  the 

prior  to  June  1,        ^  ^      ,  '.  ,,      '        .  .'^  „     ,  ,     ^        , 

1899.  provisions  ot  section  ninety  ot  cha})ter  three  hundred  and 

sixty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  for  the  purpose  of  acquiring  land  by  said  city 
for  a  ground  or  place  for  the  parade,  drill  and  target  i)rac- 
tice  of  the  militia  of  said  city,  shall  not  be  divided,  used 
or  applied  for  any  other  purpose  prior  to  the  first  day  of 
June  in  the  year  eighteen  hundred  and  ninety-nine. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Ajjproved  March  8,  1898. 

C^«/?.143  ^'^  -^C"^  '^'^  AUTHORIZE  THE  TOWN  OF  HUDSON  TO  FURNISH  GAS 
AND  ELECTRICITY  FOR  LIGHT,  HEAT  AND  POWER  TO  THE  TOWN 
OF  STOW  AND  ITS   INHABITANTS. 

Be  it  enacted,  etc.,  as  follows : 
May  establish,        Section  1.     The  towu  of  Hudson  may  construct,  es- 

etc,  a  plant  for  ,,.i  t  .  ..         i  /»o  ixi'ji 

tbe  distribution  tablish  and  maintain  in  the  town  or  Stow,  a  plant  tor  the, 


Acts,  1898.  — Chap.  143.  93 

distribution  of  gas  and  electricity,  to  be  manufactured  at  pf  g^s.  etc..  in 

1  .  .  .1   TT     1  f  1  the  town  of 

its  central  station  in  said  Hudson,  tor  the  purpose  of  fur-  stow. 
nishing  light,  heat  and  power  to  the  town  of  Stow  for 
municipal  use,  and  for  the  use  of  such  of  the  inhabitants 
of  the  town  of  Stow"  as  ma^'^  require  and  pay  for  the 
same  :  provided,  however,  that  the  town  of  Hudson  shall  Proviso. 
not  extend  its  plant  in  the  town  of  Stow  until  the  in- 
habitants of  each  of  said  towns  shall  vote  to  accept  the 
provisions  of  this  act  by  a  majority  vote  of  its  voters 
present  and  voting  at  a  legal  town  meeting  duly  called 
for  the  purpose. 

Section  2.  The  town  of  Hudson,  before  constructing  Toobtain  writ- 
any  part  of  its  plant  in  the  town  of  Stow,  shall  obtain  ''""''  '  * 
from  the  board  of  selectmen  of  the  town  of  Stow  a  written 
location  therefor,  in  accordance  with  existing  laws  gov- 
erning a  private  person,  firm  or  corporation  engaged  in 
the  business  of  selling  light,  heat  or  power,  and  shall 
thereafter  have  and  enjoy  the  same  rights  and  franchises 
respecting  such  sale  and  distribution  of  light,  heat  and 
power,  and  the  extension  of  its  plant  therefor,  as  a  private 
person,  firm  or  corporation  would  have,  and  be  subject 
to  the  same  limitations  and  obligations  in  the  exercise 
of  such  rights  and  franchises.  The  town  of  Stow  shall,  ^°7u°c°h, 
if  it  establishes  a  gas  or  electric  light  plant  of  its  own  !''='"* 
under  the  provisions  of  chapter  three  hundred  and  sev-  conditiona 
enty  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one,  be  held  to  purchase,  and  shall  purchase,  the  plant 
and  property  of  the  town  of  Hudson  established  within 
the  limits  of  the  town  of  Stow,  in  accordance  with  the 
provisions  of  sections  twelve,  thirteen  and  fourteen  of 
said  chapter  three  hundred  and  seventy  and  any  amend- 
ments thereof,  and  of  any  general  laws  hereafter  enacted 
relating  to  the  })urchase  of  electric  light  plants  by  a  mu- 
nicipality, in  like  manner  as  if  the  same  were  the  plant 
of  a  private  i)crson,  firm  or  corporation  :  provided,  further,  Proviso, 
that  in  such  case  the  town  of  Hudson  shall  have  no  riglit 
to  refuse  to  sell  the  same  when  requested  by  the  town 
of  Stow,  but  shall  within  thirty  days  after  a  demand 
therefor,  filed  with  its  clerk  by  the  town  of  Stow,  file 
with  the  ck'rk  of  the  latter  town  a  schedule  of  said  prop- 
erty and  })lant  located  within  tlie  limits  of  the  town  of 
Stow,  and  thereafter  the  town  of  Hudson  shall  sell,  and 
the  town  of  Stow  shall  ])uy  the  same  in  accordance  with 
the  provisions  of  sections  twelve,  thirteen  and  fourteen 


stow 
ase 
etc., 
er  certain 


aud  terms. 


94  Acts,  1898.  —  Chaps.  144,  145. 

of  said  chapter  three  hundred  and  seventy  and  any  amend- 
ments thereof,  and  of  any  general  laws  hereafter  enacted 
relating  to  the  purchase  of  electric  light  plants  by  a  mu- 
nici})ality,  and  after  such  purchase  the  right  of  the  town 
of  Hudson  to  distribute  and  sell  gas  or  electricity  within 
the  limits  of  the  town  of  Stow  shall  cease. 
Light,  heat  and       Section  3.     The  towu  of  Hudson  shall  furnish  to  the 

power  to  be  fur-  n   r^  /•  •    •        i  i  I'li- 

Dished,  prices  town  01  btow  lor  municipal  use,  and  to  the  inhabitants 
thereof,  light,  heat  and  power,  at  such  prices  and  upon 
such  terms  as  may  be  agreed  upon  from  time  to  time  by 
the  respective  parties,  subject  however  in  case  of  disagree- 
ment as  to  such  prices  and  terms,  to  a  right  of  appeal  to 
the  board  of  gas  and  electric  light  commissioners. 

Approved  March  8,  1898. 


ChCtV-'^^A  ^^   -^^"^   '^^    EXTEND    THE    TIME    FOR    THE    ORGANIZATION    OF    THE 
WESTERN  HAMPSHIRE   STREET   RAILWAY   COMPANY. 

Be  it  enacted,  etc.,  as  foUoivs : 
Time  extended.  SECTION  1.  The  Wcstcm  Hampshire  Street  Railway 
Company,  incorporated  by  chapter  three  hundred  and 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five,  may  organize  at  any  time  before  the 
first  day  of  January  in  the  year  eighteen  hundred  and 
ninety-nine. 

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

Approved  March  5,  1898. 


Chan.\4:5    ^^   ^^T   making   an   appropriation   FOR    THE    ESTABLISHMENT    OF 
A   TEXTILE   SCHOOL   IN  THE   CITY   OF    NEW   BEDFORD. 

Be  it  enacted,  etc.,  as  foUoivs : 

hfthecity^o°^  Section  1.  The  sum  of  twenty-five  thousand  dollars 
New  Bedford,  j^  hereby  appropriated,  to  be  paid  out  of  the  treasury  of 
the  Commonwealth  from  the  ordinary  revenue,  for  the 
establishment  of  a  textile  school  in  the  city  of  New 
Bedford,  as  provided  for  by  chapter  four  hundred  and 
seventy-five  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five,  said  city  having  complied  with  the  provisions 
of  said  act. 

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

Approved  March  8,  1898. 


Acts,  1898.  — Chaps.  146,  147.  95 


An  Act  to  pkovide  for  the  appointment  of  an  officer  of  fijjfj^  14fi 

THE  probate  court  AND  COURT  OF  INSOLVENCY  FOR  THE  COUNTY      "^  * 
OF  SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  iudjj^es  of  the  probate  court  and  court  officer  to  be 
of  insolvency  for  the  county  of  Suflblk  shall  appoint  an 
officer  to  attend  upon  the  sessions  of  said  court. 

Section  2.     Such  officer  shall  have  authority  to  serve  to gerve orders, 

1  -I  .1  .  .  J,  .  T   precepts,  etc. 

such  orders,  precepts  and  })rocesses  issuing  trom  said 
coui't  or  from  any  judge  thereof  as  may  be  committed  to 
him  by  said  court. 

Section  3.     Such  officer  shall  be  paid  the  same  compen-  compensation. 
sation  and  in  the  same  manner  as  is  now  provided  by  law 
for  the  constable  attending  upon  the  sessions  of  said  court. 

Section  4.     The  officer  so  appointed  shall  give  to  the  to  give  bond. 
treasurer  of  the  county  of  Suflblk  a  bond  for  the  faithful 
])erformance  of  his  duties,  in  the  sum  of  one  thousand 
dollars,  with  sufficient  sureties  to  be  approved  by  the  first 
judge  of  said  court. 

Section  5.     The  judges  of  said  court  may  at  any  time  Removal,  etc. 
remove  said  officer  for  cause  deemed  by  them  sufficient,  and 
shall  fill  any  vacancy  caused  by  such  removal  or  otherwise. 

Section  6.     Chapter  one  hundred  and  forty  of  the  acts  Repeal, 
of  the  year  eighteen  hundred  and  eighty-four  and  all  acts 
and  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

Section  7.     This  act  shall  take  efiect  on  the  first  day  to  take  effect 
of  May  in  the  year  eighteen  hundred  and  ninety-eight.  ^^  ' 

Approved  March  8,  1898. 


Chap.Ul 


An  Act  relative  to  certain  grade  crossings  in  the  city  of 

worcester. 
Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.      Chapter   four   hundred  and  twenty-eiffht  cer'»'°  p/?- 

J  .  ~     ,    visions  of  law 

of  the  acts  of  the  year  eighteen  hundred  and  ninety  and  uot  to  apply  for 
acts  in  amendment  thereof  shall  not,  for  the  period  of  two  Ap^inrisus?"" 
years  from  and  after  the  seventh  day  of  April  in  the  year 
eighteen  hundred  and  ninety-eight,  apply  to  any  of  the 
grade  crossings  in  the  city  of  Worcester  between  and 
inchidinjj  the  ^rade  crossing;  at  Garden  street  and  the 
Union  station  in  said  city,  and  between  said  Union  station 
and  Worcester  Junction,  so-called. 

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

Approved  March  8,  1898. 


96  Acts,  1898.  — Chaps.  U8,  M9. 


Chap.\4S  ^N   "'^CT  KELATIVE   TO    SAVINGS   BANKS. 

Be  it  enacted,  etc.,  asfolloivs: 

fSraayhohi"        Section  1.     Savings  banks  and  institutions  for  savings 

tfe8fL°rtwe"""    "^^^   ^°'^    stocks,  bonds  or  otlier  securities  acquired  in 

years.  Settlements  effected  to  secure  loans  or  indebtedness,  but 

all    such    stocks,  bonds  or  other  securities  shall  be  sold 

within  live  years  after  the  same  have  been  acquired  by  the 

Provisos.  corporation  :  provided,  however,  that  any  such  corporation 

now  holding  any  securities  acquired  as  aforesaid  shall  not 

be   required    to   sell   the    same    before   the    first   day  of 

February  in  the  year  nineteen  hundred  and  three ;    and 

provided,    further,  that  the   board    of  conunissioners    of 

savings    banks    may,  upon  the  petition  of  the  board  of 

investment  of  any  such  corporation  and  for  good  cause 

shown,  grant  an  additional  time  for  the  sale  of  the  same. 

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

Approved  March  8,  1898. 


(JJiap.\4Q  ^^   ^^'^  '^^   AUTHORIZE   THE   TREASURER  OF    THE    CITY    OK    BOSTON 
TO  ISSUE   BONDS   FOR   SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Khoo'ipu"^'  Section  1.  The  treasurer  of  the  city  of  Boston,  to 
poses,  etc.  pay  the  expenses  of  building  and  furnishing  high  and 
Latin  schools  in  said  city  and  of  taking  land  therefor, 
shall  from  time  to  time,  on  the  request  of  the  school 
committee  of  said  city,  issue  and  sell  negotiable  bonds  of 
said  city  to  an  amount  not  exceeding  three  hundred 
thousand  dollars  in  the  year  eighteen  hundred  and  ninety- 
nine,  three  hundred  thousand  dollars  in  the  year  nineteen 
hundred,  and  two  hundred  and  fifty  thousand  dollars  in 
the  year  nineteen  hundred  and  one,  which  shall  all  be 
within  the  debt  limit  and  in  addition  to  the  bonds  hereto- 
fore authorized  to  be  issued  for  similar  purposes.  The 
proceeds  of  said  bonds  shall  be  expended  in  accordance 
with  the  provisions  of  chapter  four  hundred  and  eight  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-five,  but 
the  said  school  committee  ma}"  during  any  year  make 
contracts  for  the  payment  of  the  whole  or  any  part  of  the 
amounts  to  be  issued  imder  this  act  in  a  subsequent  year. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  8,  1898. 


Acts,  1898.  — Chap.  150.  97 


An  Act  relative  to  thk  manufacture  and  sale  of  clothing  ri].f^^^  i  nr\ 

MADE   IN   unhealthy   PLACES.  "' 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1 .     Section  forty-four  of  chapter  five  hundred  i^^^-  ^P^;  §  "> 
and  eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  liereby  amended  by  striking  out  the  whole 
of  said  section  and  inserting  in  place  thereof  the  follow- 
ing :  —  /Section  44,     No  room  or  apartment  in  any  tene-  Rooms,  etc.,  to 
ment  or  dwelling  house  shall  be  used  for  the  purpose  of  bylhe'fa^rauy 
making,  altering,  repairing  or  finishing  therein  any  coats,  foTmikMngteTJ!, 
vests,  trousers  or  wearing  apparel  of  any  description  what-  clothing. 
soever,  except   by  the    members  of  the  family  dwelling 
therein,  and  any  family  desiring  to  do  the  work  of  making.  Family  to  bo 
altering,  repairing  or  finishing  any  coats,  vests,  trousers  '°^°*^  '^*''' 
or  wearing  apparel  of  any  description  whatsoever  in  any 
room  or  apartment  in  any  tenement  or  dwelling  house 
shall  first  procure  a  license,  approved  by  the  chief  of  the 
district  police,  to  do  such  work  as  aforesaid.     A  license 
may  ])e  applied  for  by  and  issued  to  any  one  member  of 
any  family  desiring  to  do  such  work.    Xo  person,  partner- 
ship or  corporation,  shall  hire,  emplo}'  or  contract  with 
any  member  of  a  family  not  holding  a  license  therefor, 
to  make,  alter,  repair  or  finish  any  garments  or  articles 
of  wearing  apparel  as  aforesaid,  in  any  room  or  apartment 
in  any  tenement  or  dwelling  house  as  aforesaid.     Every  RoomB,  etc.,  to 
room  or  apartment  in  which  any  garments  or  articles  of  cieaniy  condi- 
wearing  apparel  are  made,  altered,  repaired  or  finished,  je°tt"o°fnepec-^" 
shall  be  kept  in  a  cleanly  condition  and  shall  be   subject  *i°°- 
to  the  inspection  and  examination  of  the  inspectors  of  the 
district   police,  for  the   purpose  of  ascertaining  whether 
said  garments  or  articles  of  w^earing  apparel  or  any  part 
or  parts  thereof  are  clean  and  free  from  vermin  and  every 
matter  of  an  infectious  or  contajjious  nature.     A  room  or  certain  rooms, 

.  Ill-  1  l,'l"  i-   etc.,  not  subject 

apartment  m  any  tenement  or  dwelhng  house  wnicn  ls  not  to  provisions. 
used  for  living  or  sleeping  purposes,  and  which  is  not  con- 
nected with  any  room  or  aj^artment  used  for  living  or  sleep- 
ing purposes,  and  which  has  a  separate  and  distinct  entrance 
from  the  outside,  shall  not  be  subject  to  the  provisions  of 
this  act.  Nor  shall  anything  in  this  act  be  so  construed 
as  to  prevent  the  employment  of  a  tailor  or  seamstress 
by  any  person  or  family  for  the  making  of  wearing  ap- 
parel for  such  person's  or  family's  use. 


98 


Acts,  1898.  —  Cilu-.  151. 


1894,  508,  §  45, 
amended. 


Inspector  to 
report  evidence 
of  infectious 
disease,  etc. 


1894,  508,  §  47, 
amended. 


Tag  or  label 
to  be  aflixed  to 
certain  tene- 
ment made  gar- 
ments. 


Repeal. 


Chap 


Boundary  line 
between  Cam- 
liridttc  and 
Watertown 
changed,  etc. 


Section  2.  Section  forty-five  of  said  chapter  is  hereby 
amended  by  striking  out  the  whole  of  said  section  and 
inserting  in  place  thereof  the  following: — Section  45. 
If  said  insjjcctor  finds  evidence  of  infectious  disease  present 
in  any  workshop  or  in  any  room  or  apartment  in  any  tene- 
ment or  dwelling  house  in  which  any  garments  or  articles 
of  wearing  apparel  are  made,  altered  or  repaired,  or  in 
goods  manufactured  or  in  the  process  of  manufacture 
therein,  he  shall  report  the  same  to  the  chief  of  the  dis- 
trict police,  who  shall  then  notify  the  local  board  of  health 
to  examine  said  workshop  or  any  room  or  apartment  in 
any  tenement  or  dwelling  house  in  which  any  garments 
or  articles  of  wearing  apparel  are  made,  altered  or  re- 
paired, and  the  materials  used  therein  ;  and  if  said  board 
shall  find  said  workshop  or  tenement  or  dwelling  house 
in  an  unhealthy  condition,  or  the  clothing  and  materials 
used  therein  unfit  for  use,  said  board  shall  issue  such  order 
or  orders  as  the  public  safety  may  require. 

Section  3.  Section  forty-seven  of  said  chapter  is 
hereby  amended  by  striking  out  the  whole  of  said  sec- 
tion and  inserting  in  place  thereof  the  following  :  —  Sec- 
tion 47.  Whoever  sells  or  exposes  for  sale  any  coats, 
vests,  trousers  or  any  wearing  apparel  of  any  description 
whatsoever  which  have  been  made  in  a  tenement  or  dwell- 
ing house  in  which  the  family  dwelling  therein  has  not 
procured  a  license,  as  specified  in  section  forty-four  of 
this  act,  shall  have  afiixed  to  each  of  said  garments  a  tag 
or  label  not  less  than  two  inches  in  length  and  one  inch  in 
width,  upon  which  shall  be  legibly  printed  or  written  the 
words  "tenement  made",  and  the  name  of  the  state  and 
the  town  or  city  where  said  garment  or  garments  were  made. 

Section  4.  All  acts  or  parts  of  acts  inconsistent  here- 
with are  hereby  repealed.  Approved  March  9,  1898. 

.151    -^N  "^^"^  "^^  CHANGE  AND  ESTABLISH   THE  BOUNDAKY   LINE   BETWEEN 
THE   CITY   OF   CAMBRIDGE  AND   THE   TOWN   OF   AVATERTOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  boundary  line  between  the  city  of 
Cambridge  and  the  town  of  AVatertown  is  hereby  changed 
and  established  as  follows  :  —  Beginning  at  a  point  o^i  the 
southerly  line  of  Mount  Auburn  street  in  Cambridge,  two 
hundred  seventy  and  seventy-three  hundredths  feet  easterly 
from  the  boundary  stone  numbered  eight  in  the  present 
boundary  line  between  the  city  of  Cambridge  and  the  town 


Acts,  1898.  — Chap.  151.  99 

of  Watertown  ;  thence  westerly  along  a  curve  of  one  thou- 
sand seventeen  and  twenty-four  hundredths  feet  radius, 
one  hundred  ninety-nine  and  thirty-eight  hundredths 
feet ;  thence  again  westerly  in  a  straight  line,  one  hun- 
dred fifty-six  and  forty-one  hundredths  feet  to  a  drill 
hole  in  the  westerly  abutment  of  the  bridge  over  the 
Watertown  branch  of  the  Fitchlmrg  railroad ;  thence 
northerly,  ninety-three  and  seventy-three  hundredths  feet 
to  a  point  in  the  present  boundary  line  between  said  city 
and  said  town,  to  l)e  marked  by  a  boundary  stone.  Said 
new  boundary  line  is  shown  by  a  red  line  upon  a  plan 
drawn  by  L.  ]M.  Hastings,  city  engineer  of  Cambridge, 
dated  the  twenty-sixth  day  of  January  in  the  year  eight- 
een hundred  and  ninety-eight,  entitled  ' '  Plan  of  proposed 
change  in  boundary  line  between  the  city  of  Cambridge 
and  the  town  of  AVatertown  ",  on  file  in  the  office  of  the 
secretary  of  the  Commonwealth,  and  a  copy  of  the  same 
shall  be  filed  by  said  city  in  the  registry  of  deeds  for  the 
southern  district  of  the  county  of  Middlesex  within  thirty 
days  after  the  passage  of  this  act.  All  that  part  of  the  Part  of  water- 
town  of  AVatertown  between  the  lines  above  described  cTmbridge?'^ '° 
and  the  present  boundary  line  between  said  city  and  said 
town  is  hereby  set  ofl'  from  the  town  of  Watertown  and 
annexed  to  the  city  of  Cambridge,  and,  until  a  new  divi- 
sion of  wards  in  said  city  is  made,  shall  be  and  constitute 
a  part  of  the  first  ward  thereof. 

Section  2.     The   boundary  line  between  the  city  of  Certain  land 

•/  «/  set  oil  to  \V  uter- 

Cambridge  and  the  town  of  Watertown,  from  the  north-  town, 
west  corner  of  the  premises  hereby  set  oflE*  from  the  town 
of  AVatertown  to  the  city  of  Cambridge  to  the  boundary 
line  between  the  city  of  Cambridge  and  the  town  of  Bel- 
mont, at  stone  monument  numbered  ten,  shall  be  and 
hereby  is  the  present  southerly  line  of  Belmont  street, 
as  shown  by  a  red  line  upon  the  plan  referred  to  in  sec- 
tion one  ;  and  all  the  land  which  may  lie  on  the  southerly 
side  of  said  street  line  is  hereby  set  ofi*  to  the  town  of 
AV'atertown. 

Section  3.     The  costs  and   expenses   incurred  in  the  Payment  of 
establishment  of  the  lines  hereby  defined  and  of  erecting  penees" 
suitable  monuments  at  the  angles  thereof  shall  be  paid 
equally  by  said  city  of  Cambridge  and  by  said  town  of 
AVatertown. 

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

Approved  3farch  9,  1898. 


100 


Acts,  1898.  — Chap.  152. 


Chap 


"Worcester 
Hibernian 
Building  Asso- 
ciation in  the 
city  of  Worces- 
ter incorpo- 
rated. 


Members,  elec- 
tion, terms. 


Trustees,  elec- 
tion, powers 
and  duties. 


.152   ^^'^    ^^^    ^^    INCORPORATE    THE    WORCESTER    HIBERNIAN    BUILDING 
ASSOCIATION   IN   THE   CITY   OK   WORCESTER. 

Be  it  enacted,  etc.,  asJ'oUoios: 

Section  1.  John  McNamara,  Jeremiah  A.  Twomey, 
Philip  Kelley,  John  Burns,  John  J.  Rogers,  Walter  N. 
Drohan,  Martin  J.  Leonard,  Daniel  T.  Courtney  and 
Michael  McCarthy,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  AVorcester 
Hibernian  Building  Association  in  the  city  of  AVorcester, 
for  the  purpose  of  erecting  a  building  in  the  city  of 
Worcester,  and  maintaining  the  same,  for  the  accommo- 
dation and  purposes  of  Hibernian  apartments  and  lectures, 
and  for  social  and  charitable  purposes ;  with  all  the  rights 
and  privileges  and  subject  to  the  restrictions,  duties  and 
liabilities  set  forth  in  all  general  laws  which  now  are  or 
hereafter  may  be  in  force,  so  far  as  applicable  to  such 
corporations. 

Section  2.  The  above-named  persons  shall  continue 
members  of  the  corporation  during  the  term  of  three  years 
from  and  after  the  passage  of  this  act  and  until  their 
successors  shall  be  chosen,  as  follows: — At  the  third 
annual  meeting  after  the  passage  of  this  act  held  by 
divisions  one,  three  and  twenty-four  of  the  Ancient  Order 
of  Hibernians  of  America  of  Worcester,  each  organization 
may  elect  three  members  of  the  corporation,  one  for  one 
year,  one  for  two  years  and  one  for  three  years  ;  and  such 
organization  may  at  each  annual  meeting  thereafter  elect 
one  member  for  the  term  of  three  years  ;  any  other  divi- 
sion of  the*  Ancient  Order  of  Hibernians  of  America  in 
said  Worcester,  now  or  hereafter  organized  and  recognized 
by  the  jNIassachusetts  State  Board  of  the  Ancient  Order 
of  Hibernians  of  America,  shall  be  likewise  entitled  to 
elect  members  of  the  corporation  in  the  manner  al)Ove 
described,  upon  payment  of  such  sum  of  money  to  said 
corporation  for  the  purposes  above  mentioned  in  this  act, 
as  said  corporation  shall  by  vote  determine. 

Section  3.  Said  corporation  shall  have  authority  to 
elect  from  its  members  a  board  of  trustees  for  its  govern- 
ment and  management  and  to  determine  by  its  by-laws 
the  tenure  of  office  of  its  trustees,  and  to  make  rules  and 
regulations  governing  the  same.  Said  board  shall  also 
have  power  to  invest,  re-invest  and  manage  all  gifts, 
devises  and  bequests  and  all  other  funds  of  the  corpora- 


Acts,  1898.  —  Chaps.  153,  154.  101 

tion,  and  to  employ  and  disburse  the  same  for  the  relief 
of  distressed  Hibernians,  their  widows  and  orphans,  and 
for  the  relief  of  any  other  needy  and  destitute  persons 
and  also  for  charitable  purposes,  and  generally  otherwise 
for  the  purposes  of  this  act. 

Section  4.     Said  corporation  may  take  by  purchase.  May  take  and 
gift,  grant  or  otlierwisc  and  hold  real  and  personal  estate  peJ-sooT/e^'tate. 
not    exceeding    one    hundred  thousand  dollars  in  value : 
provided,  however ^  that  no  shares  of  stock  shall  be  issued  Proviso. 
and  no  dividends  declared  to  members  of  the  corporation. 

Section  5.  John  McNamara  and  Walter  N.  Drohan,  First  meeting. 
or  either  of  them,  are  authorized  to  call  the  first  meeting 
of  the  corporation  by  notice  sent  by  mail  postpaid  to  each 
of  their  associates,  appointing  the  time  and  place  thereof, 
seven  days  at  least  before  the  meeting,  at  which  meeting 
the  mode  of  calling  future  meetings  shall  be  regulated. 

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

Apjivoved  3Iarch  9,  1898. 


Chap.153 


An  Act  relative  to  placing  the  public  cemeteries  in  the 
city  of  taunton  under  the  control  of  the  park  commis- 
sioners of  said  city. 

Be  it  enacted,  etc.,  as  follotvs : 

Section  1.     The    park   commissioners  of  the  city  of  p.'Jbiic^ceme-^ 
Taunton  shall  have  the  custody,  care  and  control  of  the  tenesinxaun- 
public  cemeteries  in  said  city,  subject  to  all  general  laws 
relating  to  cemeteries. 

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

Approved  March  5,  1898. 

An  Act  to  provide  that  the  city  engineer  of  the  city  of  njjfjry^  1  KA. 

TAUNTON   SHALL   BE   CLERK   OF   THE   BOARD  OF  COMMISSIONERS  OF 
SEWERAGE  CONSTRUCTION. 

Be  it  enacted^  etc.,  as  folloics: 

Section  1.     The  city  engineer  of  the  city  of  Taunton  pity  engineer  of 
shall  be  ex  officio  the  clerk  of  the  board  of  commissioners  cierko'f'bo'ardof 
of  sewerage  construction,  created  under  the  provisions  of  of'""wenrgT'* 
chapter  two  hundred  and  nineteen  of  the  acts  of  tlie  year  coneiruciion, 
eighteen  hundred  and  ninety-five,  and   shall,  under   the 
direction    of  the    said    commissioners,  have  the  superin- 
tendence of  the  construction,  maintenance  and  operation 
of  the  system  of  sewerage  and  sewage  disposal  ado})ted  by 
said   city.     In   the  discharge  of  his  duty  hereunder  the 


102  Acts,  1898.  —  CiiArs.  155,  156. 

city  engineer  shall  have  authority  to  employ  such  clerical 
and  other  assistance,  and  at  such  rates,  as  said  commis- 
sioners shall  deem  reasonable  and  proper. 
i^epe»i-  Section  2.     All   acts   and   parts   of  acts  inconsistent 

herewith  are  hereb}^  repealed. 

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

Ajijiroved  March  9,  1S98. 

QJlCir)Jl55   ^^   "'^^'^   RELATIVE   TO   TUE   TIME   OF   CLOSING    THE    POLLS    AT    FIRE 

DISTRICT   ELECTIONS. 

Be  it  enacted,  etc.,  as  follows. • 

I^eAded^^°'  Section  1.     Section  fifty  of  chapter  thirty-five  of  the 

Public  Statutes  is  hereby  amended  by  striking  out  the 
word  "two",  in  the  second  line,  and  inserting  in  place 
thereof  the  words: — one  hour,  —  so  as  to  read  as  fol- 
TiectionMlme  ^^^^  '  —  Sectwii  50.  The  polls  at  fire  district  elections 
of  closing  polls,  shall  bc  kept  open  not  less  than  one  hour  and  not  more 
than  six  hours. 

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

Approved  March  9,  1898. 

ChCip.l.5Q  ■^'^  -'^CT  TO  AUTHORIZE  THE  CITY  OF  CAMBRIDGE  TO  TAKE  CER- 
TAIN LANDS  OF  THE  PROPRIETORS  OF  THE  CEMETERY  OF  MOUNT 
AUBURN   FOR   STREET    PURPOSES. 

Beit  enacted,  etc.,  asfolloivs: 
City  of  Cam-  Section  1.     In  oi'dcr  to  make  the    southerly  line  of 

bnuge  may  take  __  .i  •        /^         ^      -  -i  •     ^  t 

certain  lands  for  Mouiit  Aubum  strcct  in  Cambridge  straight  and  coii- 
purposeB.  ^|^^^Q^g  with  the  southerly  line  of  Mount  Auburn  street 
in  Watertown  as  established  by  orders  of  the  county  com- 
missioners of  Middlesex  county  widening  said  street  and 
the  bridge  over  the  tracks  of  the  Watertown  branch  of 
the  Fitchburg  railroad,  the  cit}'^  of  Cambridge  l)y  its  city 
council  at  any  time  within  one  year  from  the  date  when 
thi.'^  act  takes  effect  may,  with  the  approval  of  the  town 
of  Watertown,  take  and  hold  l)y  purchase  or  otherwise 
and  may  lay  out,  maintain  and  inn)rove  for  street  purposes 
the  whole  or  any  part  of  the  following  parcel  of  land 
belonging  to  the  Proprietors  of  the  Cometeiy  of  Mount 
Auburn  and  l>ounded  and  described  as  follows,  to  wit :  — 
Beginning  on  the  southerly  line  of  Mount  Auburn  street 
in  Cambridge  at  the  westerly  corner  of  land  of  the  said 
Proprietors  of  the  Cemetery  of  Mount  Auburn  at  the 
easterly  line  of  the  location  of  the  Watertown  branch  of 


Acts,  18'98.  — Chap.  156.  103 

the  Fitchburg  railroad  ;  thence  rtmniug  easterly  along  and 
bounded  by  the  said  southerly  line  of  said  Mount  Auburn 
street,  two  hundred  and  sixt^-two  and  eleven  hundredths 
feet ;  thence  running  westerly  by  a  curved  line  of  one 
thousand  seventeen  and  twenty-four  hundredths  feet 
radius,  one  hundred  ninetv-nine  and  thirtv-eijrht  hun- 
dredths  feet ;  thence  running  agaui  westerly  in  a  straight 
line,  eighty-eight  and  ninety-three  hundredths  feet  to  the 
easterly  line  of  the  location  of  the  Watertown  branch  of 
the  Fitchburg  railroad ;  thence  running  northeasterly  on 
the  easterly  line  of  said  location,  forty-one  feet  to  the 
point  of  beginning.  Said  parcel  is  shown  on  a  plan 
drawn  by  the  city  engineer  of  Cambridge  dated  the 
twentieth  day  of  January  in  the  year  eighteen  hundred 
and  ninety-eight,  and  on  file  in  his  office. 

Section  2.  The  said  city  shall  within  sixty  days  after  Degcripuon  of 
the  taking  of  said  lands,  otherwise  than  by  purchase  or  recorded!"  " 
gift,  cause  to  be  recorded  in  the  registry  of  deeds  for  the 
southern  district  of  the  county  of  Middlesex,  the  descrip- 
tion of  the  land  taken  and  a  copy  of  said  plan,  with  a 
statement  of  the  purpose  for  which  the  same  is  taken, 
which  statement  shall  be  signed  by  the  mayor. 

Section  3.     The  estimation  of  damages,  if  any,  caused  i^amagea. 
by  said  taking,  and  the  recovery  of  such  damages  shall 
in  all  respects  be  made  and  had  in  the  same  manner  as  is 
provided  hy  law  in  the  laying  out,  altering,  discontinuing 
and  establishinoj  the  ^rade  of  hi^hwavs  in  said  city. 

Section  4.  The  charges,  expenses,  damages  and  costs  Payment  of 
caused  by,  incident  to  and  arising  out  of  said  taking  shall  ''^p'^'^'"^*' *  ^' 
be  apportioned  between  the  said  city  of  Cambridge  and 
the  town  of  Watertown  in  case  the  said  city  and  town 
cannot  agree  upon  the  same  by  a  special  commission  of 
three  disinterested  persons  to  be  appointed  by  the  superior 
court  or  any  justice  thereof  in  term  time  or  vacation,  upon 
the  application  of  the  mayor  and  aldermen  of  said  city. 
Upon  such  application  the  court  shall  cauvse  notice  thereof 
to  be  given  to  the  town  of  Watertown  fourteen  days  at 
least  before  the  time  fixed  for  the  hearing,  which  may  be 
had  either  at  a  sitting  of  the  court  held  in  said  county  or 
in  Boston,  and  after  a  hearing  shall  appoint  said  commis- 
sion. Said  commission  shall  meet  as  soon  as  may  be  after 
its  memljers  receive  their  appointment,  and  after  notice 
to  and  hearing  the  parties,  with  |)ower  to  compel  the  at- 
tendance of  witnesses  before  it,  shall  mak©  apportionment 


u 


104  Acts,  1898.  — Chaps.  ir>7,  158. 

in  writing  and  return  the  same  to  (H>urt.  Tlic  decree  of 
the  court  coutirming  the  decision  of  the  commission  shall 
be  final  and  binding.  Approved  March  9,  1898. 


Chap.Wl 


Bonds  In 
bastardy  cawi-s. 


An  Act  relative  to  approving  honds  in  bastardy  cases. 
Be  it  enacted,  etc.,  as  follows : 
p.  s.  85  §14,  Section   fourteen  of  chapter  eighty-five  of  the  Public 

Statutes  is  hereby  amended  l)y  striking  out  the  words 
"  bail  bonds",  in  the  third  and  fourth  lines,  and  inserting 
in  place  thereof  the  words:  —  provided  in  section  five  of 
this  chapter,  —  so  as  to  read  as  follows :  —  Section  14. 
When  a  person  is  committed  on  account  of  inability  to 
give  bond,  he  shall  be  discharged  from  ])rison  on  giving 
at  any  time  thereafter  the  required  bond,  approved  in  the 
same  manner  as  provided  in  section  five  of  this  chapter. 

Approved  March  10,  1898. 

Chav.^5S  ^^^  "^^"^  ^^  incorporate  the  young  people's  christian  union 

ok  the  universalist  church. 

Be  it  enacted,  etc.,  as  folloios : 

Young  People's      Sectiox  1.     James  D.  Tillino;hast,  Alfred  J.  Cardall, 

Christian  Union  /-i       j         i        1"     t-       i        -tit     j   t»  t     ti-         ii 

of  the  universa-  Clara  Bassctt  Adams,  Cxertrude  A.  Earle,  h  lint  M.  iSissell, 
corporated! '"'  Carl  F.  Henry,  Omer  G.  Petrie,  Angle  M.  Markley,  Eliza- 
beth H.  Golclthwaite,  Lee  E.  Joslyn,  Nancy  Jenison,  Mary 
Grace  Canfield,  John  Thomas  Moore,  Belle  Gibson,  Her- 
bert B.  Briggs,  Albert  C.  Grier,  Flora  B.  Brown,  Isabella 
S.  Macdufl*,  James  S.  Stevens,  Charles  R.  Tenney,  Lucy 
C.  Ross,  M.  Louise  Crawford,  Maud  F.  Keeler,  Ransom 
P.  Morse,  L.  Albert  Moore,  Frank  Barnes,  Elmer  J.  Felt, 
Harry  L.  Canfield,  Harry  M.  Fowler,  Jennie  L.  Ellis, 
Mary  Andrews,  Rufus  F.  Leach  and  Edward  G.  INIason, 
their  associates  and  successors,  are  hereby  made  a  cor- 
poration by  the  name  of  the  Young  People's  Christian 
Union  of  the  Universalist  Church,  for  the  purpose  of 
fostering  religious  life  among  3'oung  people,  of  stimulat- 
ing them  to  all  worthy  endeavor,  and  of  training  them  in 
the  work  of  the  Universalist  church,  in  the  promulgation 
of  its  doctrines  and  in  the  increase  of  its  power  and  in- 
fluence. Said  corporation  shall  have  all  the  powers  and 
privileges  and  be  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general  laws  which  now  are 
or  hereafter  may  be  in  force  relating  to  such  corporations. 


Acts,  1808.  — Chap.  158.  105 

Said  corporation  shall  have  the  power  to  adopt  a  constitu- 
tion and  l)y-laws  for  the  purpose  of  determinin<T  who  shall 
IxH'onio  and  remain  members  thereof,  and  for  any  other 
purpose  not  inconsistent  with  law. 

Section  2.     Said  corporation,  for  the  purposes  afore- May  hold  real 
said,  shall  have  power  to  receive  ijrants,  devises,  bequests  e"tlte!'i-e''cewe 
and  donations,  and  may  hold  real  and  personal  estate  to  ^'^'*"''''**''' 
an   amount  not   exceeding   lifty  thousand  dollars.      The 
property  to  be  held  by  said  corporation  shall  be  exempt 
from  taxation,  in  the  same  manner  and  to  the  same  ex- 
tent as  the   i)roperty  of  literary,    benevolent,  charitable 
and  scientific  institutions  incorporated  within  this  Com- 
monwealth is  now  or  may  hereafter  be  exempt  by  law. 

Sectiox  3.     Said  corporation  and  its  officers  may  hold  greetings. 
their  meetings,  annual  or  otherwise,  in  an}'"  state  of  the 
Ignited  States  and  in  the  District  of  Columbia. 

Section  4.      The    Trustees    of    the    Young    People's  certain  prop- 
Christian  Union  of  the  Universalist  Church,  a  corpora-  betm^^fer^ed 
tion  organized  under  the  general  laws  of  this  Common-  *°  corporation. 
wealth,   is  hereby  authorized   to  transfer  all  its   rights, 
interests  and  property  to  the  corporation  hereby  created : 
jjrovided,  fiowever,  that  the  said  existing  corporation  at  a  ProviBo. 
meeting  to  be  regularly  called  in  the  manner  provided  by 
its  present  by-laws,  by  a  notice  stating  the  object  of  the 
meeting,  shall  vote  to  make  such  transfer ;    and  the  cor- 
poration hereby  created,  in  case  such  transfer  is  made  by 
the  said  existing  corporation,  shall  take  the  place  thereof 
and  succeed  to  all  its  rights,  interests,  obligations  and 
liabilities ;   and  said  existing  corporation,  upon  making 
such  transfer  shall  thereupon  be  dissolved,  by  virtue  of 
such  act  of  acceptance,  subject  to  the  provisions  of  sec- 
tions forty-one  and  forty -two  of  chapter  one  hundred  and 
live  of  the  Public  Statutes. 

Section  5.  Alfred  J.  Cardall,  Harry  L.  Canfield  and  Fi>«t  meeting. 
Rufus  F.  Leach,  or  any  two  of  them,  are  authorized  to 
call  the  tirst  meeting  of  the  corporation  by  notice  sent  by 
mail  i)repaid  to  each  of  their  associates,  appointing  the 
time  and  place  thereof,  three  weeks  at  least  before  the 
meeting.  At  such  first  meeting  ten  of  said  incorporators 
shall  constitute  a  quorum  for  the  transaction  of  business; 
and  at  such  meeting  a  constitution  and  by-laws  may  be 
adopted  and  officers  elected  thereunder. 

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

Ai'proved  March  10^  1898. 


u 


100 


Acts,  1898.  —  Chap.  l59. 


State  board  of 
education,  sec- 
retary. 


Clerical  and 
meeaenger 


Ch(ip.\5Q  An  Act  making  appropriations  for  sundry  educational  ex- 
penses. 
Be  it  enacted,  etc.,  as  folloivs : 
Appropriations.  Section  1.  The  suDis  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  endinp;  on  the 
thirty-firat  day  of  December  in  the  year  eighteen  hundred 
and  ninety-eight,  to  wit :  — 

For  the  salary  and  expenses  of  tlie  secretary  of  the  state 
board  of  education,  forty-live  hundred  dollars,  to  be  paid 
out  of  the  moiety  of  the  income  of  the  Massachusetts 
School  Fund  applicable  to  educational  purposes. 

For  clerical  and  messeng^er  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  twelve  thousand  live 
hundred  dollars. 

For  incidental  and  contingent  expenses  of  the  state 
board  of  education  and  of  the  secretary  thereof,  a  sum 
not  exceeding  eighteen  hundrexl  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 
accountants  and  certain  other  expenses  of  the  boarding 
houses  at  Bridgewater,  Framingham  and  AA'estfield,  a 
sum  not  exceedino;  two  hundred  thirtv-three  thousand 
eight  hundred  and  eighty-three  dollars,  to  be  paid  out 
of  the  moiety  of  the  income  of  the  Massachusetts  School 
Fund  applicable  to  educational  purposes,  and  the  excess, 
if  an}',  from  the  treasury  of  the  Commonwealth. 

For  the  support  of  the  state  normal  art  school,  a  sum 
not  exceeding  twenty-two  thousand  and  fifty  dollars,  to 
be  paid  out  of  the  moiety  of  the  income  of  the  Massachu- 
setts School  Fund  applical)le  to  educational  purjioses,  and 
the  excess,  if  any,  from  the  treasury  of  the  Commonwealth. 

For  the  expenses  of  teachers'  institutes,  a  sum  not  ex- 
ceeding two  thousand  dollars,  to  be  paid  out  of  the  moiety 
of  the  income  of  the  Massachusetts  School  Fund  applicable 
to  educational  purposes. 

For  the  Massachusetts  Teachers'  Association,  the  sum 
of  three  hundred  dollars,  to  be  paid  out  of  the  moiety  of 


Agents. 


Expenses. 


Expenses  of 
members  of 
board. 


State  normal 
schools. 


State  normal 
art  :«ehoo!. 


Taachers' 
institutes. 


Massachusetts 

Teachers' 

AssociatioB. 


Acts,  1898.  — Chap.  IGO.  107 

the  income  of  the  jNIassachusetts  School  Fund  applicable 
to  educational  purposes,  subject  to  the  approval  of  the 
state  board  of  education. 

For  expenses  of  county  teachers'  associations,  a  sum  county 
not  exceeding  three  hundred  and  twenty-five  dollars,  to  L'sBodations. 
be  paid  out  of  the  moiety  of  the  income  of  the  Massachu- 
setts School  Fund  applicable  to  educational  purposes. 

For  the  Dukes  County  educational  association,  the  sum  Dukes  county 

c  ni'j.        1     11  educational 

OI    ntty   dollars.  association. 

For  aid  to  pupils  in  state  normal  schools,  a  sum  not  au  to  pupiis  in 
exceeding  four  thousand  dollars,  payable  in  semi-annual  schools. 
instalments,  to  be  expended  under  the  direction  of  the 
state  board  of  education. 

To  enable  small  towns  to  provide  themselves  with  school  fp^nde^utrir""' 
superintendents,  a  sum  not  exceeding  sixty-three  thousand  smaii  towns. 
seven  hundred  and  fifty  dollars. 

For  the  education  of  deaf  pupils  of  the  Commonwealth  Education  of 
in  the  schools  designated  by  law,  a  sum  not  exceeding  "'  ^'"^"  *' 
fifty-five  thousand  dollars. 

For  expenses  in  connection  with  the  examination  and  airaTenmcaticw 
certification  of  school  teachers  by  state  authority,  a  sum  of  school 

.,  11111  teachers. 

not  exceeding  five  hundred  dollars. 

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

Approved  March  10,  1898. 

An  Act   to   relieve   the  insurance  commissioner   from  the  ni^f.^  if^n 

OBLIGATION    TO     APPROVE     THE    ACCOUNTS    OF     THE     STATE    FIRE  ^ 

MARSHAL. 

He  it  enacted,  etc.,  asfoUoivs: 

Section  1.     Section  seven  of  chapter  four  hundred  and  ^mendtd.^^' 
forty-four  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereb}-  amended  by  striking  out  all  after 
the  word  "Commonwealth",  in  the  eighth  line,  so  as  to 
read  as  follows  :  —  Sectirni  7.     The  fire  marshal  shall  re- state  fire  mar. 
ceivo  an  annual  salary  of  forty-five  hundred  dollars,  and  expenses,  etc. 
the  dei)uty  tire  marshal  twenty-five  hundred  dollars.     Said 
tire  marshal  may  employ  clerks  and  assistants,  and  incur 
such  expenses  as  ma}'  be  necessary  in  the  performance  of 
his  duties,  not  to  exceed  such  sum  as  the  general  court 
may  appropriate  each  year,  all  of  which  shall  be  paid  out 
of  the  treasury  of  the  Commonwealth. 

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

Approved  March  10,  1898. 


108  Acts,  1898.  — Chaps.  161,  162,  163. 


Chap.lQl   ■''^^  -^^"^  '^^  CONFIRM  CERTAIN  PROCEKDINGS  OF  THE  CITY  COUNCIL 

OF  THE   CITY   OF   TAUNTON. 

Be  it  enacted^  etc.,  as  foUozos : 
Proceedings  of        SECTION  1 .     The  proceedmo;s  of  the  city  council  of  the 

city  council  of.  p    rr\  •  •  t  iii  i 

Taunton  con-  citj  ot  lauiiton  111  acceptiDg  chaptci  two  hundred  and 
nineteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-live,  in  which  proceedings  said  chapter  was  desig- 
nated as  chapter  two  hundred  and  twenty,  shall  not  be 
invalid  by  reason  of  said  error,  and  said  proceedings  are 
hereby  ratified  and  confirmed  as  an  acceptance  of  said 
chapter  two  hundred  and  nineteen. 

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

Approved  March  10,  1898, 

Cll€LT>  162  -^^  ^'^'^  "^^  PROVIDE  THAT  FIRE  ENGINES  AND  APPARATUS  SHALL 
HAVE  THE  RIGHT  OF  WAY  WHILE  PASSING  THROUGH  THE  STREETS 
OP   A   CITY   OR  TOWN. 

Tie  it  enacted,  etc.,  as  follows: 

and^a^i^p^lratus         ^^^  officcrs  and  mcu  of  the  fire  department  of  any  city 

to  have  right  of  or  towu,  with  thc  engines  and  apparatus  thereof,  shall 

have  the   right  of  way  while  going  to  a  fire  upon  any 

alarm  thereof,  through  an}^  street,   lane  or  alley  in  said 

city  or  town,  subject  to  such  rules  and  regulations  as  the 

Penalty  for  wii-  city  couucil  or  board  of  selectmen  may  prescribe.     Who- 

ingfetc^.*'^'"'''^     ever  wilfully  and   maliciously   obstructs  or   retards   the 

passage   of  such  engines   and   apparatus  while  so  going 

to  a  fire  shall  be  punished  by  imprisonment  not  exceeding 

three  months  or  by  fine  not  exceeding  fifty  dollars. 

Approved  March  12,  1898. 

ChapAGS   ^^    ^^'^   '^^    DEFINE    THE    NUMBER    OF    BALLOTS    TO    BE    PROVIDED 
BY   TOWN  CLERKS   FOR   USE   IN   TOWN   ELECTIONS. 

Be  it  enacted,  etc.,  as  foUoivs : 

Iraended'.^  ^^^'        Section  1.     Sectiou  ouc  huudrcd  and  thirty-three  of 
chapter  four  hundred  and   seventeen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three  is  hereby  amended 
by  striking  out  the  word  *' seventy-five",  in  the  twelfth 
line,  and  in  the  fourteenth  and  fifteenth  lines,  and  insert- 
ing in  place  thereof  in  each  case  the  word  :  —  sixty,  —  so 
State  and  city     as  to   I'cad  as  follows  :  —  Section  133.      There  shall   be 
boTof"ijaiio"t™io  provided  for  each  polling  place  at  which  an  election  for 
be  provided.       ^tatc  or  city  officcrs  is  to  be  held,  two  sets  of  general 


Acts,  1898.  —  Chaps.  1G4,  165.  109 

ballots,  each  of  not  less  than  sixty  ballots  for  every  fifty 
and  fraction  of  fifty  registered  male  voters  therein  ;  and 
likewise  for  a  city  election  two  sets  of  special  ballots, 
each  of  not  less  than  sixty  ballots  for  every  fifty  and  frac- 
tion of  fifty  women  registered  to  vote  for  school  committee 
therein. 

When  ballots  arc  required  l)y  law  to  be  provided  l)y  Town  elections, 
the  town  clerk  of  a  town  for  the  election  of  town  officers  "X'trto  be 
therein,  there  shall  l)e  provided  one  set  of  general  ballots  p'"'''^'^'^- 
of  not  less  than  sixty  ballots  for  every  fifty  and  fraction 
of  fifty  registered  male  voters  therein ;  and  likewise  one 
set  of  special  ballots  of  not  less  than  sixty  ballots  for 
every  fifty  and  fraction  of  fifty  women  registered  to  vote 
for  school  committee  therein. 

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

Approved  March  12,  1898. 

An  Act  KELATrvE  to  sewage  disposal  in  the  city  of  taunton.  rijjf^,^  ir4. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  two  hundred  and  ^^'ej^dld  ^^' 
nineteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereliy  amended  by  inserting  after  the  word 
"aldermen",  in  the  third  line,  the  w^ords : — and  the 
common  council, — so  as  to  read  as  follows:  —  Section  comm\Bs\oaevB, 
3.  Said  commissioners  shall  have  all  the  powers  and  be  duueafeto. 
subject  to  all  the  duties  and  liabilities  now  conferred  or 
imposed  upon  the  mayor  and  aldermen  and  the  common 
council  by  the  charter  of  said  city  and  by  the  statutes  of 
the  Commonwealth,  relating  to  drains  and  common  sewers 
and  the  disposal  of  sewage.  Said  commissioners  shall 
annually,  in  the  month  of  February,  appoint  a  clerk,  and 
may  appoint,  but  not  from  their  own  number,  a  superin- 
tendent of  sewers,  and  may  remove  said  clerk  and  super- 
intendent at  their  pleasure.  The  compensation  of  said 
clerk  and  superintendent  shall  be  fixed  l)y  the  city  council. 

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

Approved  March  12,  1898. 


Chap.lC)5 


An  Act  relative  to  life-saving  apparatus  used  by  fire  de- 
partments. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  three  hundred  and  ameLdld^^' 
ten  of  the  acta  of  the  year  eighteen  hundred  and  eighty- 


110 


Acts,  1898.  — CnAr.  IGO. 


Fire  depart- 
ments to  be 
equipped  with 
apparatus  for 
eaviiig  life  at 
fires. 


eight  is  liereby  amended  by  striking  out  all  from  and 
including  the  word  "second",  in  the  fourteenth  line,  to 
and  including  the  word  "third",  in  the  twentieth  line, 
and  inserting  in  place  thereof  the  words: — and  second, 
—  so  as  to  read  as  follows  :  —  Section  1.  Every  city  and 
town  having  a  fire  department  establislied  and  organized 
according  to  law  shall  [)rovide  and  keep,  as  a  part  of  the 
equipment  of  such  department,  one  or  more  of  each  of 
the  following  pieces  of  apparatus,  and  when  any  such  city 
or  town  is  divided  into  fire  districts  and  only  the  fire 
department  within  any  such  district  responds  to  a  first 
alarm  of  fire  therein,  one  or  more  of  each  of  such  pieces 
of  apparatus  shall  be  provided  and  kept  in  each  such  dis- 
trict :  —  First,  a  gun  or  other  suital)le  device  capable  of 
shooting  or  throwing  an  arrow  or  other  missile,  wnth  a 
cord  attached  thereto,  over  the  top  of  or  into  any  W'indow 
of  any  building  within  such  city  or  town,  together  with  all 
needful  appliances  for  properly  working  the  same ;  and 
second,  a  "life-net"  or  " jumping-net",  so-called,  suit- 
able for  breaking  the  fall  of  a  person  jumping  from  the 
top  story  of  any  such  building.  In  every  city  and  town 
subject  to  the  provisions  of  this  section  one  or  more  of 
each  of  the  above-named  pieces  of  apparatus  shall  be 
taken  to  every  fire  occurring  therein  in  a  building  over 
two  stories  in  height. 

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

Apiwoved  Mardi  12,  1898. 


Chap.166 


Metropolitan 
water  board 
may  make 
a(;reeraent«  for 
care  of  certain 
lands,  etc. 


An  Act  relative  to  the  metropolitan  water  board. 
Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  The  metropolitan  water  board  may  make 
agreements  Avith  the  metropolitan  park  commission,  or 
with  any  park  commission  or  any  officer  or  board  of  any 
city  or  town  in  which  any  lands,  rights,  easements,  or 
interest  in  lands  in  the  control  of  said  metropolitan  water 
board  are  situated,  for  the  care  and  control,  wnth  or  with- 
out police  protection,  of  such  lands,  rights,  easements,  or 
interest  in  lands,  for  such  period  and  upon  such  terms 
and  conditions  as  may  be  mutually  agreed. 

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

Approved  March  12,  1898. 


Acts,  1898.  — Chaps.  1()7,  168.  Ill 


An  Act  relative  to  the  inspection  of  steam  boilers.         Chn-n  1fi7 
Be  it  enacted^  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  four  hundred  and  i895.4i8.§2, 
eiirhtoon  or  the  acts  or  the  year  eiirhteen  hundred  and 
ninety-Hve  is  hereby  amended  by  inserting  after  the  word 
"one",  in  the  second  line,  the  words:  —  and  not  therein 
excepted,  —  so  as  to  read  as  follows  :  —  Section  2.  Each  inspection  of 
of  the  boilers  designated  in  section  one,  and  not  therein  boiler".^  '^"™ 
excepted,  shall  be  inspected  by  the  inspector  of  boilers 
for  the  district  in  which  said  boiler  or  boilers  is  located, 
as  thoroughly  as  in  the  judgment  of  the  inspector  is  neces- 
sary, and  if  the  inspector  so  directs,  it  shall  be  the  duty 
of  the  owner  or  user  to  have  the  boiler  or  boilers  blown 
oft'  dry,  and  the  man-hole  and  the  hand-hole  covers  thereon 
removed,  ready  for  inspection  upon  the  day  designated  by 
the  inspector,  the  inspector  giving  the  owner  or  user  of 
said  boiler  or  boilers  fourteen  days'  notice  in  writing  of 
the  day  upon  which  he  will  make  such  internal  inspec- 
tion, provided  that  such  inspection  shall  not  be  required 
oftener  than  twice  a  year. 

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

Approved  March  12,  1898. 


Chap.WS 


An  Act  relative  to  furnishing  water  in  certain  cases. 
Be  it  enacted,  etc.,  as  follows: 

Section  1 .     It  shall  be  unlawful  for  any  corporation  no»  to  refuse 
engaged  in  selling  or  distributing  water  to  refuse  or  neg-  [„  certafil'^asLs! 
lect  to  furnish  or  supply  water  to  or  for  any  building  or 
premises  for  the  reason  that  a  water  bill  remains  unpaid 
by  any  previous  owner  or  occupant  of  said  building  or 
premises  :  ^j/'or/^ZetZ,  that  the  person  or  persons   apply-  Proviso. 
ing  for  water  shall  not  ])e  in  arrears  to  such  corporation 
for  water  previously  furnished  to  or  for  said  building  or 
])remises,  or  to  or  for  any  other  building  or  premises. 

Section  2.     Any  cori)oration  which  so  refuses  or  neg-  Penainr. 
lects  to  furnish  water  shall  be  subject  to  a  fine  of  not 
less  than  ten  dollars  nor  more  than  twenty  dollars. 

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

Approved  March  12,  1898. 


112  Acts,  1898.  — Chaps.  1(31),  170. 

C7iaZ>.169  ^^  ^^'^  '^^   DEFINE   THE   LIMITS   OF   BUZZARD'S   BAY. 

Be  it  enacted,  etc.,  as  follows : 
Term  defined.  Section  1 .  Ill  tliG  sttitutcs  of  tliis  Commonwealth  the 
term  "Waters  of  Buzzard's  Bay",  shall  be  deemed  to 
mean  the  body  of  water  commonly  known  as  Buzzard's 
Bay  and  extending  southwesterly  to  a  line  drawn  from 
Cuttyhunk  lighthouse  to  the  southerly  extremity  of  Goose- 
berry neck  in  the  town  of  Westport. 

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

Approved  March  12,  1898. 

(JJiap.VIO  ^^  -'^^^  '^'^  PROVIDE  FOR  THE  REARRANGEMENT  AND  INCREASE  OF 
THE  HEATING,  LIGHTING  AND  POWER  PLANT  AT  THE  HOUSE  OF 
CORRECTION  IN   CAMBRIDGE. 

Be  it  enacted,  etc.,  as  folloios: 
Heating,  light-        Section  1.     The  couuty  commissioners  of  the  county 
plant  at  house     of  Mlddlcscx  may  rearrange  and  add  to  the  steam  boilers, 
cambrWge°may  machinery  and  electric  lighting  and  heating  plant  of  the 
be^increased,      Jjouse  of  Correction  and  jail  in  East  Cambridge,  and  may 
excavate  for  and  construct  a  suitable  building  or  recep- 
tacle for  said  plant  in  the  yard  of  said  house  of  correction 
and  jail,  of  sufficient  additional  capacity  to  furnish  the  new 
registry  of  deeds  and  probate  building  now  in  process  of 
construction  with  light,   power  and  heat ;  and  they  may 
construct  an   underground  passageway  and  do  all  other 
things   necessary  to    connect    said    plant  with   said    new 
registry  of  deeds  and  probate  building. 
Payment  of  SECTION  2.     To  defray  the  necessary  cost  of  said  work 

said  commissioners  are  authorized  to  transfer  from  the 
appropriation  authorized  by  chapter  five  hundred  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-six  such 
reasonable  sum  as  they  may  consider  to  be  properly 
chargeable  to  said  new  registry  of  deeds  and  probate 
building,  and  the  county  treasurer  is  empowered  and  di- 
rected to  pay  such  sum  or  sums  as  said  commissioners 
may  approve  for  said  purpose  out  of  the  amount  so  trans- 
ferred, and  the  })alance,  if  any,  out  of  the  appropriation 
for  repairs  on  public  buildings,  or  out  of  any  unexpended 
appropriation. 

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

Approved  March  12,  1898. 


Acts,  1898.  —  Chaps.  171,  172.  113 


An  Act  relative  to  nomination  papers.  Ohnn  171 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Section  seven  of  chapter  five  hundred  and  ^^^^'  ^°'''  § '^• 

,.  ,  1  .  . .  , ,  •     1   ,  1  11  1       •  ^^*^-'  amended. 

seven  oi  the  acts  or  the  year  eighteen  hundred  and  nniety- 
tive,  as  amended  by  section  thirteen  ofcliapter  four  hundred 
and  sixty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-six,  is  hereby  amended  by  strilving  out  the  whole 
of  said  section  and  inserting  in  place  thereof  the  follow- 
ing:—  Section  7.     Nominations  by  members  of  a  polit- NominationBto 
ical  party  of  candidates  for  elective  offices,  for  delegates  uouTinluon 
to  a  convention,  for  caucus  officers,  and  for  a  ward  or  i^"*?^''*- 
town  committee  to  be   voted  for  at  a  caucus,  shall  be 
made  by  nomination  papers,  as  hereinafter  i)rovided. 

Such  papers  shall  contain  the  signatures  of  not  less  than  signatures. 
five  legal  voters  of  the  ward  or  town  in  which  the  caucus 
is  to  be  held. 

Said   voters  shall    be  members  of  the  political   party  to  be  members 
whose  caucus  is  to  be  held.  °  v-^^^)i- 

Every  voter  signing  a  nomination  paper  shall  sign  the  to  sign  in 
same  in  person,  and  shall  add  to  his  signature  the  street  p^''^°°'®'=- 
and  number,  if  any,  of  his  residence. 

Nomination   papers  placing   candidates    in   nomination  xumberof 

111  A  J.'  I  1  i}  e  3'jj-         names  limited. 

shall  not  contam  a  larger  number  ot  names  ot  candidates 
than  there  are  persons  to  be  elected.  They  may  contain 
a  less  number. 

No  nomination  paper  offered  for  filing  shall  be  received  ^J'pr'e^entld" 
or  deemed  to  be  valid  unless  there  shall  be  presented  for  for  tiling  with 
filing  with  such  nomination  paper  the  written  acceptance  paper. 
of  the  candidate  or  candidates  thereby  nominated. 

No  vacancy  caused  by  the  death,  withdrawal  or  ineligi-  Acceptance  of 
bility  of  any  of  the  al)ove  candidates  shall  be  filled  in  the  vm'ancy'to^be 
manner  now  provided  by  law,  unless  the  person  entitled  ''''''^• 
to  fill  such  vacancy  shall  file  the  written  acceptance  of  the 
candidate  who  is  nominated  to  fill  the  vacancy. 

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

Approved  March  12,  1S98. 


Chap.172 


Ax  Act  hklative  to  the  pensioning  ok  war  veterans  who 

are   MEMBKRS   of   the   police   force   of   THIO   CITV   ok    BOSTON. 

Be  it  enacted,  etc.,  as  foUoics: 

Skction  1.     The  board  of  police  of  the  city  of  Boston  certain  mem- 
shall,  at  his  own  request,  retire  from  active  service  and  forre°of^Bo"t«n 

may  be  retired. 


114 


Acts,  1898.  —  Chaps.  173,  174. 


To  be  in  addi- 
tion to  certain 
acts,  etc. 


Wlien  to  talie 
effect. 


place  upon  a  pension  roll  any  member  of  the  police  de- 
partment who  has  performed  faithful  service  in  said  de- 
partment, if  the  member  making  said  request  served 
either  as  a  soldier  or  as  a  sailor  during  the  war  of  the 
rebellion  and  received  an  honorable  discharge,  provided 
said  member  has  arrived  at  the  age  of  sixty  years,  or  has 
had  twenty  years  active  service  in  said  department. 

Section  2.  The  amount  of  the  annual  pension  allowed 
to  any  person  retired  under  the  provisions  of  the  preced- 
ing section  shall  be  one  half  of  the  amount  of  compensa- 
tion received  by  him  at  the  time  of  such  retirement,  the 
same  to  be  paid  by  the  city  of  Boston. 

Section  3.  The  provisions  of  this  act  are  in  addition 
to  and  not  in  repeal  of  any  act  now  in  force  relative  to 
pensioning  members  of  said  police  department. 

Section  4.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Boston. 

Approved  March  14,  1898. 

Chan  173  "^^  ^^^  relative  to  appointments  in  the  fire  dhpartment 

OF   THE   CITY   OF   LOWELL, 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  chief  engineer  of  the  fire  department 
of  the  city  of  Lowell  may,  on  the  recommendation  of  the 
board  of  engineers,  appoint  as  members  of  the  permanent 
force,  or  as  call-men,  without  civil  service  examination, 
any  person  who  has  served  as  call  or  substitute  call-man 
in  said  service  for  three  or  more  successive  years  prior  to 
the  passage  of  this  act. 

Section  2.  Said  chief  engineer  shall  have  the  power 
to  discharge  all  subordinate  officers  and  employees  in  the 
fire  department  of  said  city,  except  the  members  of  said 
board,  and,  with  the  approval  of  said  board,  to  appoint 
and  employ  all  such  officers  and  employees. 

Section  3.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

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

Approved  March  15,  1898. 


Clilef  engineer 
may  appoint 
certain  persona 
as  members  of 
the  permanent 
force,  etc. 


May  discliaru 
subordinate 
officers,  etc. 


Repeal. 


Chan  174  ^^  ^^^  relative  to  the  taking  of  land  for  school  purposes 

IN  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows  : 

May  take  certain       Section  1.     The  school  committco  of  the  city  of  BostoH 
^rposesTctc?    are  hereby  authorized  to  take,  with  the  consent  of  the  city 


Acts,  1898.  — CuArs.  175,  176.  115 

council  of  said  city,  additional  land  adjoining  the  Gilbert 
Stuart  school  not  exceeding  twenty  thousand  square  feet, 
according  to  the  provisions  of  chapter  forty-four  of  the 
Public  Statutes,  except  so  far  as  any  part  of  said  statute 
conflicts  with  the  provisions  of  this  act. 

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

Approved  March  15,  1898. 


Chap.VIo 


An  Act  relative  to  printing  the  report  ok  the  attorney- 
general. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     There  shall  be  printed  annually  twenty-  Report  of  attor- 
five  hundred  copies  of  the  report  of  the  attorney-general,  "''y-^®'^®'''' • 

Section  2.     All  acts  and  parts  of  acts  inconsistent  with  Repeal. 
this  act  are  hereby  repealed. 

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

Approved  March  15,  1898. 

An  Act  to  authorize  the  city  of  medford  to  incur  indebt-  rijjfy^  17fi 

EDNESS  BEYOND   THE   LIMIT   FIXED   BY   LAW,  FOR  PARK   PURPOSES.  "^ 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  The  city  of  Medford,  for  the  purpose  of  Medfo^Park 
defraying  the  costs  and  expenses  of  acquiring  land  on,  isqs.' 
along  or  near  Mystic  river,  for  park  purposes  under  the 
authority  of  chapter  one  hundred  and  fifty-four  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-two,  and  for  im- 
proving the  same,  may  incur  indebtedness  to  an  amount 
not  exceeding  fifty  thousand  dollars,  and  may  from  time 
to  time,  by  a  vote  passed  in  the  manner  provided  by  sec- 
tion seven  of  chapter  twenty-nine  of  the  Public  Statutes, 
issue  and  sell  bonds  or  scrip  therefor,  signed  by  its  mayor 
and  treasurer  and  countersigned  by  its  auditor,  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,  payable  semi-annually.  Said  bonds 
or  scrip  shall  be  denominated  on  their  face,  Medford  Park 
Loan,  Act  of  1898. 

Section  2.     The  debt  and  loan  authorized  by  this  act  Not  to  be 
and  the  bonds  or  scrip  issued  therefor  shall  not  be  con-  determining 
sidered  or  reckoned  in  determining  the  authorized  limit  "^^^^ '""'''' ^'°* 
of  indebtedness  of  said  city  under  the  provisions  of  sec- 
tion four  of  chapter  twenty-nine  of   the  Public  Statutes 
and  acts  in  amendment  thereof;  but  said  city  shall  ostab-  sinking  fund, 
lish  a  sinking  fund  as  provided  in  section  nine  of  said  ^"'" 


'€ 


116  Acts,  1898.  — Chaps.  177,  178. 

chapter  twenty-nine,  sufficient  with  its  accumulations  for 
the  payment  of  the  debt  hereby  authorized  at  its  maturity, 
and  any  premium  received  in  the  sale  of  such  bonds  or 
scrip  shall  be  paid  over  to  the  board  of  sinking  fund  com- 
missioners and  be  placed  in  the  sinking  fund  of  said  city 
created  for  the  payment  of  the  loan  herein  authorized. 
Not  to  limit  Sections.     Nothing  in  this  act  shall  be  construed  as 

C6rtiiiu  power 

of  city,  etc.        limiting  the  power  which  said  city  or  its  board  of  park  com- 
missioners may  exercise  under  the  authority  of  said  chapter 
one  hundred  and  fifty-four  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-two  and  acts  in  amendment  thereof. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  15,  1898. 

Chap.V77  ^N   -^CT  RELATIVE   TO   THE    POWERS    OF    THE    CALEB'S    POND    COM- 
PANY IN   EDGARTOWN. 

Be  it  enacted,  etc.,  as  foUoivs : 

1857, 193  §  1,  Section  one  of  chapter  one  hundred  and  ninety-three 

of  the  acts  ot  the  year  eighteen  hundred  and  fifty-seven 

is  hereby  amended  by  inserting  after  the  word  "  fishery", 

in  the  fifth  line,  the  words:  —  or  for  the  propagation  of 

any  kind  of  salt  water  fish,  —  so  as  to  read  as  follows  :  — 

Caleb's  Pond      Seclioii  1.    Valentine  Pease,  Henry  Pease,  2nd,  and  David 

Edgiiitow'n,       Davis,  their  associates  and  successors,  are  hereby  made  a 

incorporatec.     corporation,  by  the  name  of  the  Caleb's  Pond  Company, 

Purpose,  etc.      jn  Edgartowu,  Dukes  County,  for  the  purpose  of  creating 

a  herring  and  perch  fisher}^  or  for  the  propagation  of  any 

kind  of  salt  water  fish ;  and  they  are  empowered  to  close 

the  present  outlet  of  said  pond,  and  make  a  new  one 

through  the   land  of  the   company.     The   profits   of  the 

fishery  so  created  shall   belong  to  the  company ;   but  all 

persons  may  take  fish  with  hook  and  line,  or  spear  eels 

Powers,  duties,  from  Said  pond.     And  for  this  purpose  the  company  shall 

have  all  the  powers  and  privileges,  and  be  subject  to  all 

the  duties,   restrictions  and    liabilities,   set  forth  in   the 

forty-fourth  chapter  of  the  lievised  Statutes. 

Approved  March  15,  1898. 

(JJiajyjYJS  ^^   ^^^   RELATIVE   TO   FIRE   INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 
Repeal.  Scctiou  fifty-six  of  chapter  five  hundred  and  twenty-two 

of  the  acts  of  the  year  eighteen  hundred  and  ninety-four, 
relative  to  fire  insurance,  is  hereby  repealed. 

Approved  March  15,  1898. 


,•  iBflue 
notes  or 


Acts,  1898.  — Chaps.  179,  180.  117 


An  Act  to  authorize  the  city  of  i.awrence  to  incur  in-  /^^/v^j  1 79 
debtedness  beyond  the  limit  fixed  by  law,  for  the  com- 
pletion  of  a  sewer. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lawrence,  for  the  purpose  of  ^^J^l^ 
completing  the  sewer  now  under  construction  by  said  city  scrip,  etc 
in  South  Lawrence,  may  incur  indebtedness  to  an  amount 
not  exceeding  seventy-iive  thousand  dollars  beyond  the 
limit  lixed  by  law,  and  may  issue  bonds,  notes  or  scrip 
therefor  to  said  amount.  Said  bonds,  notes  or  scrip  shall 
be  payable  within  such  period,  not  exceeding  thirty  years 
from  the  date  thereof,  as  the  city  council  shall  determine. 
Except  as  herein  otherwise  provided  the  provisions  of  ^g-'onroTuw 
chapter  twenty-nine  of  the  Public  Statutes  and  of  acts  in  to  apply. 
amendment  thereof  and  in  addition  thereto  shall,  so  far  as 
applicable,  apply  to  the  indebtedness  hereby  authorized 
and  to  the  securities  issued  therefor. 

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

Approved  March  15,  1898. 


C7iap.l80 


An  Act  relative  to  the  expenses  incurred  under  the  act 
to  provide  for  a  system  of  seavage  disposal  for  the  ne- 
ponset  river  valley. 

Be  it  enacted,  etc.,  as  follo7vs  : 

Section  1.  To  meet  the  expenses  incurred  under  the  Metropolitan 
provisions  of  chapter  four  hundred  and  six  of  the  acts  of  Sewerage  Loan, 
the  year  eighteen  hundred  and  ninety-five  and  acts  in 
amendment  thereof  the  treasurer  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  Commonwealth  and  under  its 
seal,  to  an  amount  not  exceeding  thirty-five  thousand  dol- 
lars for  a  term  not  exceeding  thirty-seven  years.  Said 
scrip  or  certificates  of  del)t  shall  ])e  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  Sep- 
tember in  each  year.  Said  interest  and  scrip  or  certificates 
shall  be  payal)le,  and  when  due  shall  l)c  paid,  in  gold  coin 
or  its  equivalent.  Said  scrip  or  certificates  of  debt  shall 
be  designated  on  their  foce  as  the  Metropolitan  Sewerage 
Loan,  shall  be  countersigned  l)y  the  governor,  and  shall 
be  deemed  a  pledge  of  the  faith  and  credit  of  the  Com- 


118  Acts,  1898.  — Chap.  180. 

monwealth,  redeeuia})lG  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  Commonvrealth.  Any  scrip  or  certificates  of  debt 
issued  under  the  provisions  of  this  act  shall  be  considered 
as  an  addition  to  and  shall  become  a  part  of  the   loan 

Sinking  fund,  authoHzed  by  said  chapter  four  hundred  and  six,  and 
the  sinking  fund  established  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  increased 
in  the  following  manner :  —  The  treasurer  and  receiver 
general  shall  from  year  to  year,  beginning  with  the 
year  eighteen  hundred  and  ninety-eight,  apportion  to 
said  sinking  fund  an  amount  sufiicient  with  its  accumu- 
lations to  extinguish  the  debt  at  maturity,  and  in  mak- 
ino;  the  assessment  for  the  increase  of  said  sinking  fund 
upon  the  several  cities  and  towns  liable  thereto,  one  fifty- 
sixth  part  of  the  whole  amount  shall  be  assessed  in  each 
of  the  first  seven  years,  beginning  with  the  year  eighteen 
hundred  and  ninety-eight ;  one  sixtieth  part  in  each  of  the 
next  ten  years,  l)eoinning  with  the  year  nineteen  hundred 
and  five  ;  one  thirtieth  part  in  each  of  the  next  ten  years, 
beginning  with  the  year  nineteen  hundred  and  fifteen ; 
and  the  remainder  shall  be  equally  divided  in  the  remain- 
ing years,  beginning  with  the  year  nineteen  hundred  and 
twentj'-five.  Any  premium  realized  from  the  sale  of  said 
scrip  or  certificates  of  debt  shall  be  applied  to  the  payment 
of  the  interest  on  said  loan  as  it  accrues. 

Apportionment       Section  2.     Eacli  of  the  cltics  and  towns  hereinafter 

of  expenset).  i       i      n     •  i  •     i  i  i        t  i         • 

named  shall  m  the  years  eighteen  hundred  and  nniety- 
eight,  eighteen  hundred  and  ninety-nine  and  nin(>teen 
hundred  pay  money  into  the  treasury  of  the  Connnon- 
wealth  to  meet  the  interest  and  sinking  fund  requirements 
for  each  of  said  years,  as  estimated  by  said  treasurer,  in  the 
following  ])ro})orti()ns,  to  wit :  —  Boston,  twenty-three  and 
twenty-eight  one  hundredths  per  cent.  ;  Dcdham,  thirteen 
and  fitty-two  one  hundredths  per  cent.  ;  Hyde  Park,  eight- 
een and  thirteen  one  hundredths  per  cent.  ;  Milton,  forty- 
five  and  seven  one  hundredths  per  cent.,  said  percentages 
being  the  same  reported  to  the  supreme  judicial  court  by 
the  apportionment  commissioners  in  the  year  eighteen 
hundred  and  ninety-six,  and  accepted  by  said  court. 


Acl^s,  1898.  — Chap.  180.  11§ 

Section   3.       The    supreme   judicial   court   sitting   in  Appointment  of 
equitj'  shall  on  the  application  of  the  Ijoard  of  metropoli-  to  detonBinr' 
tan  sewera";e  commissioners,  after  notice  to  each  of  the  P'?portiou  to  be 
cities  and  towns  mentioned  in  this  act,  appoint  three  com-  and  towns,  etc. 
missioners,  who  shall  not  be  residents  of  any  of  the  cities 
and  towns  mentioned  in  this  act,  who  shall,  after  due 
notice  and  hearing  and  in  such  manner  as  they  deem  just 
and  equitable,  determine  for  said  system  the  proportion 
in  which  each  of  the  cities  and  towns  herein  named  shall 
annually   pay  mon^y  into  the  treasury  of  the  Common- 
wealth 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  ])y  said 
treasurer,  and  any  deficiency  in  the  amount  previously 
paid  in,  as  found  by  said  treasurer,  and  shall  return  their 
award  into  said  court ;  and  when  said  award  shall  have 
been  accepted  by  said  court  the  same  shall  be  a  final  and 
conclusive  adjudication  of  all  matters  herein  referred  to 
said  commissioners,  and  shall  be  binding  on  all  parties. 

Section  4.  Before  the  expiration  of  said  term  of  five  xobeappointed 
years  and  every  five  years  thereafter,  other  commissioners,  |^^^<'''y''^«^  >'*"'•■»> 
who  shall  not  be  residents  of  any  of  the  cities  or  towns 
mentioned  in  this  act,  shall  be  appointed  as  aforesaid, 
upon  a})plication  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 
said  sj'stem  shall  annually  pay  money  into  the  treasury 
of  the  Commonwealth  as  aforesaid  for  the  next  succeeding 
term  of  five  years,  and  shall  return  their  award  into  said 
court;  and  when  said  award  shall  have  been  accepted  by 
said  court  the  same  shall  be  a  final  and  conclusive  adjudi- 
cation of  all  matters  herein  referred  to  said  commissioners, 
and  shall  be  binding  on  all  parties. 

Section  o.     The  amount  of  money  required  each  year  Amoimt 
from  each  city  and  town  named  in  this  act,  to  meet  the  cUiesTnd  towns 
interest  and  sinking  fund  rc(|uirements  and  cost  aforesaid  l"y'irol"«\'irer^,'''' 
for  the  system  in  which  in  this  act  it  is  included  for  each  '-'*'^- 
year,  and  deficiency,  if  any,  shall   l)e  estimated  by  said 
treasurer  in  accordance  with   the  proportion   determined 
as  aforesaid,  and  shall  be  included  in  and  made  a  part  of 
the  sum  charged  to  such  city  or  town,  and   be  assessed 
upon  it  at  the  time  and  in  addition  to  its  annual  state 
tax,  and  said  treasurer  shall  in  each  year  notify  each  such 
city  and  town  of  the  amount  of  such  assessment,  which 
amount  shall  be  ])ai(l  by  the  city  or  town  into  the  treasury 


120  Acts,  1898.  — Chaps.  181,  182,  183. 

of  the  Commonwealth  at  the  time  required  for  the  pay- 
ment of  its  state  tax. 
Enforcement  of       SECTION  6.    The  suprcme  iudicial  court  shall  have  iuris- 

provisious,  -I'    •'  '  '  f  I  ..  />i. 

diction  in  equity  to  enforce  the  provisions  of  this  act,  and 
shall  fix  and  determine  the  compensation  of  all  commission- 
ers appointed  by  said  court  under  the  provisions  hereof. 
Section  7.     This  act  shall  take  eifect  upon  its  passage. 

Approved  March  15, 1898. 

C%«7?.181  '^^  -^^^  RELATIVE   TO   THE   PRESERVATION   OF  DEER. 

Be  it  enacted,  etc.,  as  foUotvs : 
Hunting  etc.  of      Section  1.     Whocvcr  bcforc  the  first  day  of  November 

deer  restricted.     .  i  t        i  i      i  i 

in  the  year  nineteen  hundred  and  three,  hunts,  chases  or 
kills  a  deer,  except  his  own  tame  deer  kept  on  his  own 
grounds,  shall  forfeit  for  every  such  offence  one  hundred 
dollars. 
Repeal.  Section  2.     Chapter  one  hundred  and  sixty-nine  of  the 

acts  of  the  year  eighteen  hundred  and  eighty-three  and  all 
acts  and  parts  of  acts  inconsistent  herewith  are  hereby  re- 
pealed. Approved  March  15,  1898. 

CJiaV  182  "^^  ^'^"'^  '^'^  AUTHORIZE  THE  ORPHEUS  MUSICAL  SOCIETY  TO  HOLD 
REAL  AND  PERSONAL  ESTATE  TO  THE  AMOUNT  OF  FIFTY  THOU- 
SAND  DOLLARS. 

Be  it  enacted,  etc.,  as  follows : 

I860, 174  §2,  Section  1.     Section  two  of  chapter  one  hundred  and 

seventy-four  of  the  acts  of  the  year  eighteen  hundred  and 

sixty  is  hereby  amended  by  striking  out  the  whole  of  said 

section  and  inserting  in  place  thereof  the  following :  — 

ju.'d  per'sonar'     Section  2.     Said  corporation  may  hold  real  and  personal 

estate,  issue       estatc  to  au  amount  not  exceeding  fifty  thousand  dollars, 

may  issue  bonds  to  an  amount  not  exceeding  the  value  of 

such  estate,  and  may  secure  the  same  by  mortgage. 

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

Approved  March  15,  1898. 

C/i«?9.183  ^^  -^^'^  '^^  AUTHORIZE  THE  PAYMENT  OF  FIVE  HUNDRED  DOLLARS 
ANNUALLY  TO  THE  COMMANDER  OF  THE  NAVAL  BRIGADE  ON  AC- 
COUNT OF  MILITARY  PROPERTY  OF  THE  COMMONWEALTH  IN  HIS 
CHARGE. 

Be  it  enacted,  etc.,  as  follows: 
1893, 387,  §  128,        SectionI.     ScctioH  ouc  huudrcd  and  twenty-eio^ht  of 
chapter  three  hundred  and  sixty-seven  of  the  acts  of  the 


Acts,  1898.  — Chap.  184.  121 

year  eighteen  hundred  and  ninety-three  is  amended  by 
inserting  after  the  word  "  dollars  ",  where  it  first  appears 
in  the  twenty-seventh  line  thereof,  the  following  words : 
—  To  the  commander  of  the  naval  brigade,  five  hundred  of'nTvaiTr?''*' 
dollars.  gade,  $500. 

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

Approved  March  15,  1898. 


Chap.lS4. 


An  Act  relative  to  the  investments  of  savings  banks  and 

institutions  for  savings. 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     Section  twenty-one  of  chapter  three  hun-  i894,  sit,  §  21, 
dred  and  seventeen  of  the  acts  of  the  year  eighteen  hundred  '^""'^^''^■ 
and  ninety-four  is  hereby  amended  by  striking  out  in  the 
third   clause   of  said   section,   paragraphs  «,  and  b,  and 
inserting  in  place  thereof  the  following  new  paragraphs  :  — 

a.  In  the  first  mortgage  bonds  of  any  railroad  com-  First  mortgage 
pany  incorporated  under  the  authority  of  any  of  the  New  rauroad^com^"'^ 
England  states  and  whose  road  is  located  wholly  or  in  part  p''°*««- 

in  the  same,  and  which  is  in  possession  of  and  operating 
its  own  road,  and  has  earned  and  paid  regular  dividends 
of  not  less  than  three  per  cent,  per  annum  on  all  its 
issues  of  capital  stock  for  the  two  years  next  preceding 
such  investment. 

b.  In  the  first  mortgage  bonds  of  any  railroad  com- 
pany incorporated  under  the  authority  of  any  of  the  New 
England  states  and  whose  road  is  located  wholly  or  in 
part  in  the  same,  guaranteed  l)y  a  railroad  company  such 
as  is  described  in  paragraph  a,  of  this  clause. 

Said  section  is  further  amended  in  the  third  clause 
thereof  by  inserting  in  the  fifth  line  of  paragraph  d, 
after  the  word  "dividends",  the  words:  —  of  not  less 
than  three  per  cent,  per  annum, — so  that  as  amended 
the  paragraph  will  read  as  follows  :  — 

d.  In  the  first  mortgage  bonds  of  any  railroad  com- 
pany incorporated  under  the  authority  of  any  of  the  New 
England  states  and  whose  road  is  located  wholly  or  in 
part  in  the  same,  and  has  earned  and  paid  regular  divi- 
dends of  not  less  than  three  per  cent,  per  annum  for  the 
two  years  next  preceding  such  investment  on  all  its  issues 
of  capital  stock,  notwithstanding  the  road  of  such  company 
may  be  leased  to  some  other  railroad  company. 

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

Approved  March  16,  1898. 


122 


Acts,  1898.  — Chaps.  185,  186. 


ChaV.lSB  ^  ^*^^  MAKING  APPROPRIATIONS   FOR  SALARIHS   AND   EXPENSQB   AT 

THE   STATE   ALMSHOUSE. 

Be  it  enacted,  etc. ,  as  follows : 
Appropriations.  Section  1.  The  suiiis  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-eight,  to  wit :  — 

For  the  }3ftyment  of  salaries,  wages  and  labor  at  the 
state  almshouse,  a  sum  not  exceeding  thirty-eight  thou- 
sand dollars. 

For  current  expenses  at  the  state  almshouse,  a  sum  not 
exceeding  one  hundred  and  fifteen  thousand  five  hundred 
dollars. 

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

Approved  March  17,  1898. 


State  alms 
house. 


Expenses. 


ChaV.^SQ  ^^    ^^^  '^^   AUTHORIZE   THE   TOWN   OF 


WEST   SPRINGFIELD    TO    RE- 
FUND A    PORTION   OF  ITS   DEBT. 


May  issue 
bonds,  notes  or 
sci'iiJ,  etc. 


Certain  pro. 
viwions  of  law 
to  apply. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  West  Springfield  is  hereby 
authorized  to  issue  from  time  to  time,  bonds,  notes  or 
scrip  to  an  amount  not  exceeding  one  hundred  thou- 
sand dollars,  for  the  purpose  of  refunding  a  portion  of 
its  indebtedness  at  present  existing,  as  it  becomes  due. 
The  bonds,  notes  or  scrip  issued  under  the  provisions 
of  this  act  shall  be  payable  not  more  than  thirty  years 
from  the  date  of  ist^un,  and  shall  bear  interest,  payable 
semi-annually,  at  a  rate  not  exceeding  four  per  cent,  per 
annum.  They  shall  be  signed  by  the  treasurer  and  coun- 
tersigned by  the  selectmen  of  the  town,  and  may  be  sold 
or  negotiated  at  public  or  private  sale,  and  the  proceeds 
shall  1)6  used  to  discharge  an  equal  amount  of  the  existing 
debt  of  said  town.  The  provisions  of  chapter  twenty-nine 
of  the  Public  Statutes  and  acts  in  amendment  thereof  and 
in  addition  thereto  shall,  except  as  herein  otherwise  pro- 
vided, apply  to  the  indebtedness  authorized  by  this  act 
and  the  securities  issued  therefor. 

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

Approved  March  17, 1898. 


Acts,  1898.  — Chaps.  187,  188.  123 


An   Act   to   enlarge   the   powers   of  women  appointed   as  (J]i(ir).\Sl 

SPECIAL    commissioners. 

JB»  it  enacted^  etc.,  as  follows: 

Section  1.     Special  commissioners  appointed  under  the  Powers  of 
provisions  of  chapter  two  hundred  and  fifty -two  of  the  acts  poTnu-cupeciai 
of  the  year  eighteen  hundred  and  eighty-three,  as  amended  eniarged!""'^'^* 
hy  chapter  one  hundred  and  ninety-seven  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-nine,  as  amended 
by  chapter  four  hundred  and  seventy-six  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-six,  shall  have  the 
same  powers  as  justices  of  the  peace  for  the  purpose  of 
appointing  appraisers  of  the  estates  of  deceased  persons 
and  of  all  other  estates  of  which  appraisers  are  by  law 
required  to  be  appointed. 

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

Approved  March  17,  1898. 

An  Act  to  incorporate  the  women  clerks'  benefit  associ-  QJiajjASS 

ATION  OF   BOSTON. 

Be  it  enacted,  etc.,  as  folloivs : 

Section   1.      The  present  members  of  the  voluntary  women  cierks' 

...  ,  ^.,  119    1  I'.  '         Benefit  Associa- 

association  known  as  the  women  clerks    benetit  associa-  tion  of  Boston 
tion,  of  Boston,  Massachusetts,  their  associates  and  sue-  incorporated. 
cessors,  are  hereby  made  a  corporation  under  the  name 
of  the  Women  Clerks'  Benefit  Association  of  Boston,  for 
the  purpose  of  promoting  friendly  intercourse  among  its 
members  and  of  assistino;  members  thereof  when  sick  or 
disabled  or  oat  of  employment,  and  for  the  purpose  of 
assisting  the  families  of  deceased  members.     Said  corpo-  Powers  and 
ration  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 :  provided,  that  said  cor-  Proviso. 
poration  shall  not  be  subject  to  the  laws  relating  to  life 
insurance  companies  and  shall  not  be  required  to  make  a 
return  to  the  insurance  commissioner. 

Section  2.     Said  corporation,  for  the  purposes  afore- May  boid  roai 

•  J  1*1  +      and  porsenal 

said,  shall  have  power  to  receive  grants,  devises,  bequests  estate,  receive 
and  donations,  and  may  hold  real  and  pers(mal  estate  to  f[c."''*'  *^^"*^^' 
an  amount  not  exceeding  fifty  thousand  dollars. 

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

Approved  March  17, 1898. 


124 


Acts,  1898.— Chap.  189. 


Chap.189 


North  Roches- 
ter Cemetery 
Association 
incorporated. 


Powers  and 
duties,  etc 


May  take 
possession  of 
cemetery,  ac- 
quire necessary 
personal  estate, 
etc. 


Proviso. 


Membersliip. 


Net  proceeds  of 
sales  of  lots  to 
be  applied  to 
iinproveiuent, 
etc. 


Grants, 
bequests,  etc. 


An  Act  to  incorporate  the  north  Rochester  cemetery  asso- 
ciation. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  George  M.  White,  George  H.  Gerrish, 
Clarence  W.  Maxim,  Frederick  AV.  J.  Gerrish,  Charles 
M.  Maxim  and  John  G.  Bennett,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  by  the  name  of 
the  North  Rochester  Cemetery  Association,  for  the  pur- 
pose of  controlling,  caring  for  and  improving  ground  set 
apart  and  known  as  the  North  Rochester  Cemetery,  situ- 
ated and  lying  in  the  town  of  Rochester.  Said  corporation 
shall  have  all  the  powders  and  privileges  and  be  subject  to 
all  the  duties,  restrictions  and  liabilities  set  forth  in  the 
o^eneral  laws  Avhicli  now  are  or  hereafter  may  be  in  force 
applicable  to  similar  corporations. 

Section  2.  Said  corporation  is  hereby  authorized  to 
take  possession  and  assume  legal  control  of  said  ceme- 
tery, and  may  acquire  by  gift,  bequest,  devise  or  pur- 
chase, and  may  hold  so  much  personal  property  as  may 
be  necessary  for  the  objects  connected  with  and  appro- 
])riate  for  the  purposes  of  said  association  :  provided,  that 
nothing  herein  contained  shall  aifect  the  individual  rights 
of  proprietors  in  said  cemetery. 

Section  3.  All  persons  who  shall  become  proprietors 
of  lots  in  any  lands  acquired  by  said  association,  and  all 
persons  who  now  are  proprietors  of  lots,  whether  by  deed 
or  otherwise,  in  the  real  estate  referred  to  in  section  one 
of  this  act,  shall  be  and  become  members  of  said  associa- 
tion ;  and  whenever  any  person  shall  cease  to  l)e  the  pro- 
prietor of  a  lot  in  the  lands  of  said  association  he  shall 
cease  to  be  a  member  thereof. 

Section  4.  All  the  net  proceeds  of  sales  of  lots  in 
the  lands  held  by  said  corporation  shall  ])e  devoted  and 
applied  to  the  preservation,  improvement,  embellishment, 
protection  and  enlargement  of  said  cemetery  and  the  inci- 
dental expenses  thereof,  and  to  no  other  purpose. 

Section  f).  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 
removal  of  any  monument,  fence  or  other  erection,  or 
for  the  planting  and  cultivation  of  trees,  shrubs  or  plants 


Acts,  1898.  —  Chap.  190.  125 

in  or  around  any  lot,  or  for  improving  said  premises  in 
any  other  manner  or  form  consistent  with  the  object  of 
said  corporation,  according  to  the  terms  of  such  grant, 
donation  or  bequest. 

Section  G.  Said  corporation  may  by  its  by-laws  pro-  May  provide 
vide  for  such  officers  as  may  be  necessary,  and  may  also  omc'LrstcTc.^ 
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  hold  for 
the  benefit  and  care  of  said  cemetery,  and  for  any  other 
matters  incident  to  the  proper  management  of  the  cor- 
poration. 

Section  7.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  March  17,  1898. 


Chap.190 


An  Act  to  authorize  towns  to  adopt  by-laws  relating  to 

the  removal  of  snoav  from  sidewalks. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  fifteen  of  chapter  twenty-seven  of  p- 8.27  §15, 

.  Ill-'  /•         amended. 

the  Public  Statutes  is  hereby  amended  by  inserting  alter 
the  third  paragraph  thereof,  the  following  :  —  For  provid- 
ing for  the  removal  of  snow  and  ice  from  the  sidewalks 
within  the  limits  of  the  highways  or  town  ways  therein  to 
such  extent  as  they  may  deem  expedient ;  the  penalty  for 
the  violation  of  such  by-laws  to  apply  to  the  owner  of 
abutting  property  or  his  agent   having   charge  thereof, 
—  so  as  to  read  as  follows:  —  Section  15.     Towns  may  Towns  may 
make  for  the  following  named  purposes  in  addition  to  and  affix  "^^ 
other  purposes  authorized  by  law  such  necessary  orders  p**"^'"^^- 
and   l^y-laws,  not  repugnant  to  law,  as  they  may  judge 
most  conducive  to  their  welfare,  and  may  affix  penalties, 
not  exceeding  twenty  dollars  for  one  ofience,  for  breaches 
thereof : — 

For  directing  and  managing  the  prudential  affairs,  pre-  For  managing 
serving  the  peace  and  good  order,  and  maintaining  the  affairs,  etc. 
internal  police  thereof. 

For  preventing  the  falling  and  securing  the  removal  of  femo\^ai'of'^ 
snow  and  ice  from  the  roofs  of  buildino-s  in  such  portions  snow, etc.,  from 

.,.,..  ,  ,  ~,  1  roofs,  etc. 

ot  their  limits,  and  to  such  extent,  as  they  may  deom 
expedient ;  the  penalty  for  violation  of  such  by-laws  to 
apply  to  the  owner  of  such  building  or  to  his  agent  hav- 
ing the  care  thereof. 

For  providing:  for  the  removal  of  snow  and  ice  from  the  for  providing 

II  •   1   •         1        1  •       •  /•      1        1   •     1  J.  '"''  removal  of 

Sidewalks  within  the  limits  ot  the  hifrhways  or  town  ways  miow.  etc.,  from 

°  ''  ''       Bidewulks. 


u 


126 


Acts,  1898.  — Chap.  191. 


For  requiring 
erection  of 
barriers,  etc. 


Certain  by-laws 
to  be  in  force, 
etc. 


therein  to  such  extent  as  they  may  deem  expedient ;  the 
penalty  for  the  violation  of  such  by-laws  to  apply  to  the 
owner  of  abutting  property  or  his  agent  having  charge 
thereof. 

For  requiring  owners  of  buildings  near  the  line  of 
streets  and  public  ways  to  erect  barriers  or  to  take 
other  suitable  measures  to  prevent  the  falling  of  snow 
and  ice  from  such  buildings  upon  persons  travelling  on 
such  streets  and  ways,  and  to  protect  such  persons  from 
any  other  dangers  incident  to  the  maintenance,  occupa- 
tion, or  use  of  such  buildings. 

Section  2.  By-laws  adopted  by  towns  prior  to  the 
passage  of  this  act  and  approved  by  the  superior  court, 
so  providing  for  the  removal  of  snow  and  ice  from  side- 
walks, shall  hereafter  have  the  same  force  and  effect  as 
if  so  adopted  and  approved  after  the  passage  of  this  act. 

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

Approved  March  17,  1898. 


Chap 


1897,  530,  §  25, 
amended. 


Candidates  to 
be  nominated 
by  roll  call  at 
certain  conven- 
tions. 


.191  ^'^  ^^'^  '^^  PROVIDE  FOR  THE  NOMINATION  OF  CERTAIN  CANDI- 
DATES IN  POLITICAL  CONVENTIONS  BY  A  MAJORITY  VOTE  ON  A 
ROLL   CALL. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  twenty-five  of  chapter  five  hundred  and  thirty 
of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
seven  is  hereby  amended  by  inserting  after  the  word 
"officers",  in  the  second  line,  the  words: — to  be  voted 
for  at  large,  —  and  by  striking  out  in  the  eleventh  line, 
the  words  "the  largest  number  of",  and  inserting  in 
plaoe  thereof  the  words: — a  majority  of  the,  —  so  as 
to  read  as  follows  :  —  Section  25.  At  any  political  con- 
vention except  a  convention  for  the  nomination  of  state 
officers  to  be  voted  for  at  large,  on  motion  of  any  delegate 
which  receives  the  support  of  one  fourth  of  the  delegates 
present,  the  nomination  of  any  candidate  shall  be  made  by 
roll  call  in  the  following  manner.  The  clerk  or  secretary 
of  the  convention  shall  call  the  roll  of  the  towns  and  cities 
in  alphabetical  order  or  of  wards  in  a  city  in  numerical 
order,  and  each  delegate  shall  as  his  name  is  called  state 
in  the  hearing  of  the  convention  the  name  of  the  candidate 
for  whom  he  desires  to  vote,  and  the  person  receiving  a 
majority  of  the  votes  on  such  roll  call  shall  be  the  candi- 
date of  the  conventioH.  Approved  March  17,  1898. 


Acts,  1898.  — Cjiap.  193.  127 


An  Act  relative  to  the  sale  oi-  poisons.  Char)  192 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Section  twenty  of  chapter  three  hundred  amended.^  ^°' 
and  ninety-seven  of  the  acts  of  the  year  eighteen  hiinch'ed 
and   ninety-six    is    hereby  amended   by  striking    out  the 
whole  of  said  section  and  inserting  in  place  thereof  the 
following  :  —  tSection  20.     Whoever  sells   arsenic  (arse-  Persons  BoUing 
nious  acid),  atropia  or  any  of  its  salts,  chloral  hydrate,  r"kelVrcco°r'd, 
chloroform,  cotton  root  and   its   fluid   extract,  corrosive  '^^"^ 
sublimate,    cj^anide    of    potassium,    Donovan's    solution, 
ergot  and  its  fluid  extract.  Fowlers  solution,  laudanum, 
McMunn's  elixir,  morphia  or  any  of  its  salts,  oil  of  penny- 
royal, oil   of  savin,  oil    of  tansy,  opium,    Paris   green. 
Parsons'  vermin  exterminator,  phosphorus,  prussic  acid, 
"rough    on    rats",  strychnia  or  any  of  its  salts,  tartar 
emetic,  tincture  of  aconite,  tincture  of  belladonna,  tincture 
of  digitalis,  tincture  of  nux  vomica,  tincture  of  veratrum 
viride,  or  carbolic  acid,  without  the  written  prescription 
of  a  physician,  shall  keep  a  record  of  such  sale,  the  name 
and  quantity  of  the  article  sold,  and  the  name  and  resi- 
dence of  the  person  or  persons  to  whom  it  was  delivered, 
which  record  shall  be  made  before  the  article  is  delivered, 
and  shall  at  all  times  be  open  to  inspection  by  the  officers 
of  the  district  police  and  l)y  the  police  authorities  and 
officers  of  cities  and  towns  ;  but  no  sale  of  cocaine  or  its 
salts  shall  be  made  except  on  the  prescription  of  a  physi- 
cian.    Whoever  neglects  to  keep  or  refuses  to  show  to  Penalty. 
said  officers  such  record  shall  be  punished  by  fine  not  ex- 
ceeding fifty  dollars.     Whoever  sells  any  of  the  poisonous  "Poison'-and 
articles  named  in  this  section  without  the  written  prescrip-  be'^pHnted  on*° 
tion  of  a  physician,  shall  afiix  to  the  bottle,  box  or  wrapper  ^''^'='- 
containing  the  article  sold  a  label  of  red  paper,  upon  w^hich 
shall  be  printed  in  large  black  letters  the  word.  Poison, 
and  also  the  word,  Antidote,  and  the  name  and  place  of 
l)usiness  of  the    vendor.     The    name  of  an  antidote,  if 
there  be  any,  for  the  poison  sold,  shall  also  be  upon  the 
label.     Every  neglect  to  aflix  such  label  to  such  poisonous  Penalties, 
article  before  the  delivery  thereof  to  the  purchaser  shall 
be  punished  by  fine  not  exceeding  fifty  dollars.      Whoever 
purchases  poisons  as  aforesaid  and  gives  a  false  or  fictitious 
name  to  the  vendor  shall  be  punished  by  fine  not  exceed- 
ing fifty  dollars.     But  nothing  in  this  aot  shall  be  con-  Not  to  apply  to 
strued  to  apply  to  wholesale  dealers  and  to  manufacturing  deaiore,  «tc. 


128  Acts,  1898.  — Chaps.  193,  194. 

chemists  in  tlieir  sales  to  the  retail  trade,  nor  to  the  gen- 
eral merchant,  who  may  sell  in  unbroken  packages  con- 
taining not  less  than  one  quarter  of  a  pound,  Paris  green, 
London  purple,  or  other  arsenical  poisons  for  the  sole 
purpose  of  destroying  potato  bugs  or  other  insect  life 
ProviBo.  upon  plants,  vines  or  trees  :  provided^  that  such  merchant 

complies  with  the  provisions  of  this  section  in  respect  to 
recording  such  sale  and  labelling  each  package  sold. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  17,  1898. 

ChaV  193  ^  ^'^^  ^^   PROHIBIT   THE   USE   OF    CERTAIN    COLORING    MATTER    IN 

THE   MANUFACTURE   OF   SAUSAGES. 

Be  it  enacted,  etc. ,  as  follows : 

Use  of  certain  Whocvcr  uscs,  iu  the  manufacture  of  sausages,  any 
intheuianu-  coloriug  substaucc  iujurious  to  health  shall  be  punished 
Baus^ag^eBpro-     by  fine  uot  exceeding  one  hundred  dollars  for  each  offence. 

Apjrroved  March  17,  1898. 


Chap 


iQj^  An  Act  to  authorize  the  boston  and  maine  railroad    to 

PURCHASE  AND  HOLD  THE  SHARES  OF  THE  CAPITAL  STOCK  OF 
ANY  RAILROAD  CORPORATION  WHOSE  ROAD  IS  LEASED  TO  OR 
OPERATED  BY  IT  OR  OF  W^HICH  IT  OWNS  A  MAJORITY  OF  THE 
CAPITAL   STOCK. 

Be  it  enacted,  etc.,  as  follows : 

The  Boston  and  Sectiox  1.  The  BostoH  and  Maine  Railroad  may,  sub- 
m."y  purchase  jcct  to  the  approval  of  the  board  of  railroad  commissioners, 
ofca'jjulil'toor  i)urchase  and  hold  the  shares  of  the  capital  stock,  or  any 
riihoa'd'cor"^^'^  P'^^*''  thcrcof,  of  any  railroad  corporation  whose  road  is 
porations.  leascd  to  or  operated  by  it,  or  of  which  it  owns  a  major- 
ity of  the  capital  stock. 
May  issue  and         SECTION  2.     For  the  purposc  of  providlnsf  the  means 

dispose  of  its  n  i  i>       i  i   •    i      i'  i 

own  shares,  etc.  iiecessaiy  tor  a  purchase  oi  shares  which  has  been  ap- 
proved as  aforesaid,  the  Boston  and  Maine  Railroad  may 
issue  and  dispose  of  its  own  shares,  subject  to  the  a})- 
proval  of  the  railroad  commissioners  as  to  the  amount 
and  to  the  provisions  of  all  general  laws  relating  to  the 
issue  and  disposal  of  new  shares  of  stock  of  railroad  cor- 
porations. In  case  the  Boston  and  ]\Iaine  Railroad  acting 
under  authority  of  this  section  shall  have  issued  its  own 
capital  stock  to  provide  the  means  of  paying  for  shares 
of  the  capital  stock  of  any  other  corporation,  it  shall  hold 
the  certificates  representing  the  shares  of  such  purchased 


Acts,  1898.  — Chap.  195.  129 

capital  stock  in   its  treasury.     Each  certificate  so  held  Certificates 
shall   be   stami)ccl  under  the   direction   ot  the    l)oard  of  fiiineHofpur- 
railroad  commissioners  ''  non-transferable",  and  the  same  BtocTto  i.e'''' 
shall  not  thereafter  for  any  reason  or  under  any  circum-  tnlusferabi"™" 
stances  ever  be  allowed  to  pass  out  of  the  treasury  of  the  *'^*^" 
Boston  and  Maine  liailroad  ;  shall,  upon  the  written  order 
of  said  board  be  produced  and  exhibited  to  them  at  any 
time ;    and  the   franchise  tax  assessable  ai^ainst  a  lessor 
corporation  shall  be  computed  upon  the  valuation  of  its 
shares  not  purchased,  held  and  stamped  hereunder.     Any  Penalty. 
member  of  the  board  of  directors,  or  any  treasurer  or 
other  officer  or  agent  of  the  Boston  and  Maine  Railroad, 
or  any  person  in  control  or  in  possession  of  such  certifi- 
cates thus  stamped  "non-transferable",  Avho  knowingly 
violates  any  of  the  provisions  of  this  section  shall  be  pun- 
ished by  fine  not  exceeding  one  thousand  dollars,  or  by 
imprisonment  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment. 

Sections.     No  modification  or  cancellation  hereafter  T"'™^  °* '""'^i- 
made    of  any  lease    of  any  railroad  to    the    Boston  and  cenar" leires  to 
Maine  Railnmd  shall  be  valid  or  binding  until  the  terms  ^e  approved. 
thereof  shall  have  been  first  approved,  at  meetings  called 
for  the  purpose,  by  the  holders  of  a  majority  of  the  stock 
of  the  lessor  corporation,  exclusive  of  the  stock  acquired 
by  the  Boston  and  Maine  Railroad  under  authority  of  this 
act,  and  also  by  the  holders  of  a  majority  of  the  stock  of 
the  lessee  corporation,  and  also  approved  by  the  board 
of  railroad  commisaioners. 

Section  4.     Any  justice  of  the  supreme  judicial  court  yrov?Rions''ina 
or  of  the   superior  court  may,  upon  application  of  the  be  restrained. 
board  of  railroad  commissioners,  or  of  the  attorney-gen- 
eral of  the   Conmionwcalth,  or  of  any  party  interested, 
restrain  any  violation  or  threatened  violation  of  any  of 
the  provisions  of  this  act. 

Section  5.     This  act  shall  take  efiect  upon  its  passage. 

Ajyproved  March  19,  1898. 

An  Act  relative  to  the  open  season  for  shooting  scoters  n'Lfjy.  ion: 

OR  COOTS.  -^   * 

Bv,  it  enacted,  etc.,  as  foUoics  : 

Section  1.      Section  one  of  chapter  two  hundred  and  ^^^^-^os.  §i, 

1  .  amenaed. 

five  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four    is    herel)y    amended    by    inserting    after   the    word 


u 


130 


Acts,  1898.  — Chap.  196. 


Penalty  for 
taking,  etc., 
grouse,  quail, 
coota,  etc. 


Proviso. 


"species",  in  the  seventh  line,  the  words:  —  except  the 
scoters  commonly  called  coots, — and  by  inserting  after 
the  word  "  September",  in  the  eiohth  line,  the  words  :  — 
or  any  of  the  scoters  commonly  called  coots,  between  the 
twentieth  day  of  May  and  the  first  day  of  September,  — 
so  as  to  read  as  follows  :  —  Section  1.  AVhoever  takes  or 
kills  a  pinnated  grouse  at  any  time,  or  a  woodcock,  or  a 
ruffed  grouse,  commonly  called  a  partridge,  between  the 
first  day  of  January  and  the  fifteenth  day  of  Se]itember, 
or  a  quail  between  the  first  day  of  January  and  the  fif- 
teenth day  of  October,  or  a  Avood  or  summer  duck,  black 
duck  or  teal,  or  any  of  the  so-called  duck  species,  except 
the  scoters  commonly  called  coots,  between  the  fifteenth 
day  of  April  and  the  first  day  of  September,  or  any  of  the 
scoters  commonly  called  coots,  between  the  twentieth  day 
of  May  and  the  first  day  of  September ;  and  whoever  buys, 
sells  or  has  in  his  possession  any  of  the  birds  named  in 
this  act  and  protected  thereby,  during  the  time  within 
which  the  taking  or  killing  thereof  is  prohibited,  when- 
ever or  wherever  the  aforesaid  birds  may  have  been  taken 
or  killed,  shall  be  punished  by  a  fine  of  twenty  dollars  for 
every  bird  so  taken  or  killed,  or  had  in  possession  :  j^^'o- 
vided,  however,  that  any  person,  firm  or  corporation  deal- 
ing in  game  or  engaged  in  the  cold  storage  business,  may 
buy,  sell  or  have  in  possession,  and  any  person  may  buy 
from  such  person,  firm  or  corporation,  and  have  in  posses- 
sion, if  so  bought,  quail  from  the  fifteenth  day  of  October 
to  the  first  day  of  May ;  and  any  such  person,  firm  or 
corporation,  may  have  in  possession  on  cold  storage, 
quail,  and  may  buy,  sell  and  have  in  possession  pinnated 
grouse,  wild  pigeons  and  any  of  the  so-called  shore,  marsh 
or  beach  birds,  or  of  the  so-called  duck  species,  at  any 
season,  if  said  quail,  grouse  or  other  birds  have  not  been 
taken  or  killed  in  this  Commonwealth  contrary  to  the  pro- 
visions of  this  act. 

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

Approved  March  19,  1S98. 


C^flX>.196  -^^   ^^"^  UELATIVE  TO  THE  REIMBURSEMENT  OF  EXPENSES 


1892.  243,  etc., 
amended. 


INCURRED 
BY   CERTAIN   TOWNS   IN   THE   MAINTENANCE   OF'  THE   INSANE. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     Chapter  two  hundred  and  forty-three  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-two,  as 


Acts,  1898.  —  Chap.  197.  131 

amended  by  chapter  three  hundred  and  seventy-five  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-five,  is 
hereby  amended  by  inserting  in  the  sixth  line,  after  the 
word  ' '  maintenance  '',  the  words  :  —  of  an  insane  per- 
son,—  also  l)y  striking  out  the  words  "  of  an  insane  per- 
son ",  in  the  eighth  line,  and  inserting  in  place  thereof  the 
words :  —  or  in  any  other  \Aace  under  the  charge  of  the 
state  board  of  lunacy  and  charity,  —  so  as  to  read  as 
follows :  —  Whenever  it  shall  be  made  to  aijpear  to  the  Reimbureement 

d.i     .1      ,  ,  /»   J 1   •       /'^  iji     of  certain  towns 

^  council  that  a  town  or  this  Commonwealth  for maiutenance 

having  a  taxable  valuation  of  less  than  five  hundred  thou-  "^i"^''"®- 
sand  dollars,  in  the  valuation  of  polls  and  estates  estab- 
lished by  the  general  court,  is  lawfully  charged  with  the 
maintenance  of  an  insane  person  at  one  of  the  state  lunatic 
hospitals  or  asylums,  or  the  state  almshouse  or  state  farm, 
or  in  any  other  place  under  the  charge  of  the  state  board 
of  lunacy  and  charity,  by  reason  of  such  person  having  a 
legal  settlement  in  such  town,  the  expense  hereafter  in- 
curred for  such  maintenance  may  be  reimbursed  such  town 
in  whole  or  in  part  from  the  state  treasury. 

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

Ajiproved  March  22,  1898. 

An  Act  to  incorporate  the  merrimac  river    baptist  asso- 
ciation. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Edward  P.  Tuller,  Henry  A.  Cornell,  ^^^"^[L'^^^.^r'' 
Smardus  F.  Snell,  Nathan  Bailey,  Amos  W.  Downing,  "^^l^i^^^''°'-'' 
Warren  L.  Floyd  and  Andrew  Sharpe,  their  associates 
and  successors  in  the  membership  of  the  Merrimac  River 
Baptist  Association,  are  hereby  made  a  corporation  by 
the  name  of  the  Merrimac  River  Baptist  Association,  for 
the  purpose  of  continuing  the  work  heretofore  carried  on 
by  the  voluntary  association  bearing  the  same  name,  and 
especially  for  the  purpose  of  holding  and  managing  a 
legacy  given  to  said  association  by  the  will  of  Harriet  N. 
Flint,  late  of  AYakefield  in  the  county  of  Middlesex,  de- 
ceased, and  any  other  legacies  or  other  funds  hereafter 
received  by  said  corporation,  and  witli  the  powers  and 
privileges  and  subject  to  the  duties  set  forth  in  chapter 
one  hundred  and  fifteen  of  the  Public  Statutes,  and  in  such 
other  general  laws  as  now  are  or  hereafter  may  be  in  force 
relating  to  such  corporations. 


Ckap.197 


132 


Acts,  1898.  —  Chaps.  198,  199. 


To  eucceed  to 
certain  powers 
rights,  etc. 


Grants,  devises, 
etc. 


Property  to  be 
exempt  from 
taxation,  etc. 


Section  2.  Upon  the  accopt;uK-e  of  this  act  of  incor- 
poration by  the  said  Mcrrimac  River  Baptist  Association 
at  its  reguhir  annual  meeting,  or  at  any  special  meeting 
duly  called  therefor,  the  corporation  herel)y  created  shall 
succeed  to  all  the  powers,  rights  and  ol)ligations  of  said 
association,  and  all  members  of  said  voluntary  association 
shall  thereupon  become  members  of  said  corporation. 

Section  3.  Said  corporation  may  acquire  by  gift, 
grant,  devise  or  purchase,  and  hold  for  the  purposes  afore- 
said, real  and  personal  estate  to  the  value  of  fifty  thousand 
dollars. 

Section  4.  The  property,  real  and  personal,  of  said 
corporation  shall  be  exempt  from  taxation  in  the  same 
manner  and  to  the  same  extent  as  the  property  of  literary, 
benevolent,  charitable  and  scientific  institutions  incorpo- 
rated within  this  Commonwealth, 

Section  5.     This  act  shall  take  efiect  upon  its  passage. 

Approved  March  22,  1898. 


Chap 


Town  of  Brook- 
line  may  appro- 
priate and 
borrow  money 
for  a  building 
for  court  pur- 
poses, etc. 


.198  -^^  ■'^CT  TO  AUTHORIZE  THE  TOWN  OF  BROOKLINE  TO  APPROPRIATE 
AND  BORROW  MONEY  FOR  A  BUILDING  FOR  COURT  AND  POLICE 
PURPOSES. 

Be  it  enacted.,  etc.,  as  follows : 

Section  1.  The  town  of  Brookline  may  at  a  legal 
meeting  appropriate  and  borrow  a  sum  not  exceeding 
seventy-five  thousand  dollars,  for  the  erection,  either 
alone  or  jointly  with  the  county  of  Norfolk,  of  a  ])ul)lic 
building  for  court  and  for  police  purposes,  and  may  make 
necessary  appropriations  from  time  to  time  for  the  fur- 
nishing and  the  maintenance  of  such  building,  either  alone 
or  jointly  with  the  county  of  Norfolk. 

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

Approved  March  22,  1898. 


ChoV  199  ^^  '^^^    ^*^   DETERMINE   THE   TIMES   AND   PLACES   OF   HOLDING   PRO- 
BATE  COURTS   FOR   THE   COUNTY   OF   BRISTOL. 

Be  it  enacted,  etc.,  as  folloirs : 

Section  1.  After  the  first  day  of  ]\Iay  in  the  year 
cio-hteen  hundred  and  ninetv-eicht  iirobate  courts  shall 
be  held  in  each  year  for  the  county  of  Bristol,  at  Taun- 
ton, on  the  first  Friday  of  March,  June,  September  and 
December,  and  on  the  third  Friday  of  January,  April, 
October  and  December ;  at  Fall  River,  on  the  first  Friday 


Times  and 
places  of  hold- 
ing probate 
courts  for  Bris- 
tol county. 


Acts,  1898.  — Cttaps.  200,  201.  133 

of  January,  April,  July  and  Octohor,  on  the  third  Friday 
of  February,  May  and  Xoveml)(>r,  and  on  the  second  Fri- 
day of  September ;  and  at  Xew  Bedford,  on  the  first  Fri- 
day of  Fel)ruarv,  ]\Iay,  August  and  November,  and  on  the 
third  Friday  of  March,  June  and  September. 

Sectiox  2.      So  much  of  section  forty-eight  of  chapter  Repeal. 
one  hundred  and  fifty-six  of  the  PulJic  Statutes  as  relates 
to  holding  probate  courts  in  the  county  of  Bristol  is  hereby 
repealed. 

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

Approved  March  22,  189S. 

Ax  Act  to  provide  for  allowing  costs  to  parties  recover-  rijj^.y.  orvn 

ING   DAMAGES  IX   GRADE   CROSSING   CASES.  '  ^  ' 

Be  it  enacted^  etc.,  as  follows : 

Sectiox  1.     In    all   proceedinofs   for  the  recovery  of  Recovery  of 

-1  •         1     •  1  1      1  •    •''  •  1  costs  in  grade 

damages  sustained  in  the  abolition  oi  grade  crossings,  crossing  cases. 
and  the  separating  of  the  grades  of  highways  and  rail- 
roads, parties  recovering  damages  shall  also  recover  costs 
as  in  other  civil  cases,  and  the  court  before  which  the  trial 
is  had  may,  as  a  part  of  such  costs,  in  its  discretion  make 
allowances  for  reasonable  expenses  incurred  for  surveys 
and  plans. 

Section  2.     This   act    shall  apply  to  all    proceedings  to  apply  to 
pending  at  the  time  of  its  passage.    '  cer^m  proceed- 

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

Approved  March  22,  1898. 


Chap.201 


Ax  Act  to  determfn^e  the  times  and  places  of  holding  pro 

BATE  COURTS  FOR  THE  COUNTY  OF  NORFOLK. 

Be  it  enacted,  etc.,  asfolloivs: 

Sectiox  1.     Probate  courts  shall  be  held  in  each  year  Times  and 
for  the  county  of  Norfolk,  at  Dedham,  on  the  first  and  g'^'UlIf  ^^ 
third  Wednesdays,  at  Quincy,  on  the  second  Wednesday,  f°ik  c*ou°nty^°'^' 
and  at  Brootcline,  on  the  fourth  Wednesday  of  every  month 
except  August. 

Section  2.     So  much  of  .section  forty-eight  of  chapter  Repeal. 
one  hundred  and  fifty-six  of  the  Public  Statutes  as  relates 
to  holding  probate  courts   for  the  county  of  Norfolk  is 
hereby  repealed. 

Sectiox  3.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  August  in  the  year  eighteen  hundred  and  ninety-eight.  ''  "^"*^  ' 

Approved  March  22, 1898. 


134  Acts,  1898.  — Chap.  202. 


(7^ftl>.*202  ^^  -^^'^  '^O  AUTHORIZE  THE  LOWELL,  LAWRENCE  AXD  HAVERHILL 
STREET  RAILWAY  COMPAXV  AND  THE  LOWELL  AND  SUBURBAN 
STREET  RAILWAY  COMPANY,  RESPECTIVELY,  TO  OPERATE  THEIR 
CARS  EACH   OVER  CERTAIN   LOCATIONS   OF   THE   OTHER. 

Be  it  enacted,  etc.,  as  foUoios : 
The  Lowell  Sectiox  1.    The  Lowell,  Lawrence  and  Haverhill  Street 

Lawrence  aila      t-,    m  /-^  •      i 

Haverhill  Street  Railwa}^  Company  IS  hereby  authorized,  with  the  consent 
pauy  may  of  the  Lowcll  and  Suburban  Street  Railway  Company,  to 

over'certain'*'^^  Operate  its  cars  over  any  tracks  of  said  Lowell  and  Sub- 
Loweu°aVd^  urbau  Street  Railway  Company  which  may  be  or  are 
Suburban         alrcadv  laid  upon  locations  granted  to  said  Lowell  and 

Street  Railway     riii  ot-i  /-^  •  mi 

Company.  Suburban  Street  Railway  Company  in  Andover,  Tewks- 
bury  and  Lowell,  from  the  westerly  terminus  of  the  loca- 
tion of  said  Lowell,  Lawrence  and  Haverhill  Street  Rail- 
way Company  in  Andover  to  Merrimack  square  in  Lowell. 

The  Lowell  Sectiox  2.     The  Lowell  and  Suburban  Street  Railway 

and  Suburban  •ii  i-i-ii  n      ^ 

Street  Railway  Compauy  IS  hereby  authorized,  with  the  consent  oi  the 
ope"rte°i"ts"ai8  Lowcll,  Lawrcuce  and  Haverhill  Street  Railway  Company, 
uackroTthe  to  operate  its  cars  over  any  tracks  of  said  Lowell,  Law- 
J'enle  and*^"  Tcncc  and  Havei'hill  Street  Railway  Company  which  may 
Haverhill  street  be  or  are  already  laid   upon   locations   grranted   to   said 

Railway  Com-  n       t  i      tt  i   'h      o  t^    -i  /^ 

pany.  Lowcll,   Lawreucc    and   Haverhill    vStreet  Railway  Com- 

pany in  Andover  and  Lawrence,  from  the  easterly  termi- 
nus of  the  location  of  said  Lowell  and  Suburban  Street 
Railway  Company  in  Andover  to  the  transfer  station  of 
said  Lowell,  Lawrence  and  Haverhill  Street  Railway  Com- 
pany on  Essex  street  in  Lawrence. 
urbfappro^ved  Sectiox  3.  Said  Lowell,  Lawrence  and  Haverhill  Street 
by  railroad  com- Railway  Company  and  said  Lowell  and  Suburban  Street 

missioners.  i-,    -i  a-i 

Railway  Company  may  make  such  contracts  and  agree- 
ments regarding  the  respective  running  of  the  cars  of 
each  over  the  tracks  of  the  other,  as  authorized  l)y  this 
act,  as  may  be  approved  by  the  board  of  railroad  com- 
missioners. 
Not  to  compel         Section  4.     Xothiug  in  this  act  shall  be  construed  as 

permission,  etc.  .  -^ 

compelling  said  Lowell,  Lawrence  and  Haverhill  Street 
Railway  Company  and  said  Lowell  and  Suburban  Street 
Railway  Company,  respectively,  to  permit  the  running 
of  cars  of  each  over  the  tracks  of  the  other,  as  authorized 
by  this  act. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  22,  1898. 


Acts,  1898.  — Chap.  203.  135 

An  Act  to  grant  certain  powers  to  precincts  three  and  rij^f.     oao 

FOUR  IN  THE   TOWN   OF  TEMPLETON.  •  ■^' 

Be  it  enacted^  etc.,  asfolloivs: 

Sectiox  1.     That  portion  of  the  territory  of  the  town  Constmction  of 
of  Templeton   which  is  included  in  the  voting  precinct  Temp^^oV.'' 
number  three,  as  now  defined   upon  the  records  of  the 
town  of  Templeton,  is  hereby  constituted  a  district  for 
the  purpose  of  establisliing  and  constructing  sidewalks, 
with  the  powers  given  in  this  act.     This  district  shall  be  otter  River  dis- 
known  as  the  Otter  River  district.  luhld**"  ' 

Section  2.  That  portion  of  the  territory  of  the  town  Baidwinviiie 
of  Templeton  which  is  included  in  the  voting  precinct  ushed.' ^*'^''" 
number  four,  as  now  defined  upon  the  records  of  said 
town  of  Templeton,  is  hereliy  made  a  district  for  the  pur- 
pose of  establishing  and  constructing  sidewalks,  with  the 
powers  given  in  this  act.  This  district  shall  be  known  as 
the  Baidwinviiie  district. 

Section  3.     Whenever  the  inhabitants  of  either  or  both  when  accepted 
of  said  districts  shall  accept  this  act,  by  a  two  thirds  vote  ofdutdJt  °* 
of  the  voters  present  and  voting  at  a  meeting  duly  called  e«tabiuh"8ide^ 
for  the  purpose,  the  selectmen  of  the  town  may  establish  t^^i^lipensX 
and  grade  sidewalks,  and  complete  partially  constructed  etc. 
sidewalks,  on  any  street  within  said  districts,  as  public 
necessity  and  convenience  may  require,  with  or  without 
edffestones :    and    mav  cover   the    same    with  brick,  flat 
stones,   concrete,   gravel   or  other  appropriate    material, 
and  may  assess  not  exceeding  one  fourth  of  the  expense 
proportionally  upon  the  abutters  on  said  sidewalks ;  but 
no  abutters   shall  be  assessed  a  sum  exceeding  one  per 
cent,  of  the  valuation  of  his  aljutting  estate,  as  fixed  by 
the  last  preceding  annual   assessment  of  taxes ;    and  all  ^^cons^t^uie* 
assessments  so  made  shall  constitute  a  lien  upon  the  abut-  abmtin|iand, 
tino;  land,  and  shall  be  collected  in  the  same  manner  as  etc. 
taxes  upon  real  estate.     The  residue  of  the  expense  tor 
such  sidewalks  shall  be  paid  by  the  inhabitants  of  the  dis- 
trict in  which  they  are  constructed,  as  hereinafter  provided. 

Skctiox  4.  Any  person  sustaining  damages  in  his  Damages. 
property  by  reason  of  the  establishment  or  construction 
of  sidewalks  under  the  authority  of  this  act,  which  could 
have  been  recovered  against  the  town  had  such  sidewalk 
been  established  and  constructed  under  the  general  laws 
relating  thereto,  may  recover  the  same  from  the  town. 


136 


Acts,  1898.  — Chap.  203. 


Benefit  to  be 
allowed  aB  set- 
off in  estimating 
damages. 


Expense  of 

sidewalks,  etc., 
to  be  primarily 
paid  by  the 
town. 


Sidewalks  not 
to  be  dug  up, 
etc.,  without 
consent  of 
selectmen. 


P.  8.50,  §  25,  to 
apply,  lien  to 
continue  for 
two  years. 


Selectmen  to 
certify  to  assess, 
ors  annually 
the  cost  of  cer- 
tain sidewalks, 
etc. 


and  in  case  the  persons  injured  cannot  agree  with  the 
selectmen  upon  such  damages  the  party  injured  may  have 
the  damages  determined  by  a  jury  at  the  bar  of  the  su- 
perior court  of  the  county  of  Worcester,  on  petition 
brought  within  one  year  after  the  completion  of  the  side- 
walk occasioning  the  damages  complained  of,  in  the  same 
manner  as  damages  may  be  determined  when  occasioned 
by  the  taking  of  land  for  the  laying  out  of  highways,  and 
subject  to  the  rules  of  law  governing  the  determination 
of  such  damages,  so  far  as  applicable. 

Section  5.  In  estimating  the  damages  sustained  by 
the  construction  of  sidewalks  under  the  preceding  sections 
there  shall  be  allowed  by  way  of  set-off,  the  benefit,  if 
any,  to  the  property  of  the  party  by  reason  thereof. 

Section  6.  The  expense  of  all  sidewalks  constructed 
under  the  authority  of  section  three,  all  damages  recovered 
under  the  authority  of  section  four,  and  all  expenses 
incurred  or  sustained  by  the  town  in  settling  claims  for 
such  damages,  in  enforcing  or  defending  assessments  made 
under  the  authority  of  this  act,  including  therein  all  costs 
and  counsel  fees,  shall  primarily  be  paid  by  the  town, 
which  shall  be  reimbursed  in  the  manner  hereinafter  pro- 
vided by  the  district  in  which  the  sidewalk  on  account  of 
which  the  expense  was  incurred  or  damages  paid  was  built. 

Section  7.  No  sidewalk  constructed  or  graded  under 
the  authority  of  this  act  shall  be  dug  up  or  encumbered 
without  the  consent  of  the  selectmen  of  the  town  of 
Templeton. 

Section  8.  In  all  cases  assessments  levied  under  the 
authority  of  this  act  may  be  apportioned  in  the  manner 
provided  in  section  twenty-five  of  cha])ter  fifty  of  the 
Public  Statutes,  and  the  lien  provided  for  in  section  three 
of  this  act  shall  continue  until  the  expiration  of  two  years 
from  the  time  that  the  last  instalment  was  committed  to 
the  collector. 

Section  9.  The  selectmen  shall  annually,  between  the 
first  and  fifteenth  days  of  April,  certify  to  the  assessors 
the  entire  cost  of  sidewalks  completed  under  the  authority 
of  this  act,  after  deducting  the  amount  of  the  assessments 
levied  upon  abutting  owners,  all  sums  paid  for  land 
damages,  all  expenses  of  settlement,  and  of  enforcing  and 
defending  assessments,  and  all  costs  of  maintenance  and 
amounts  recovered,  with  costs,  on  account  of  defects, 
which  sums  shall  be  assessed  and  collected  from  the  in- 
habitants of  the   district  in  which  the  sidewalk  lies,  on 


Acts,  1898.  — Chap.  204.  137 

account  of  which  the  expenses  were  incurred  or  damages 
or  costs  were  paid. 

Section  10.     Meetings  of  the  inhabitants  of  either  or  Meetings  of 
both  of  the  districts  provided  for  in  sections  one  and  two,  LdoptiolToV"'^ 
for   the    adoption  of  the  provisions  of  this  act,  shall  be  pi^ovisions. 
called  by  the  selectmen  in  the  same  manner  as  town  meet- 
ings are  called.     All   persons    who    would  then  be  duly 
(jualitied  to  vote  in  town  affairs  and  who  reside  within  the 
district  shall  be  entitled  to  vote  at  such  meeting.     If  the 
selectmen  refuse  or  neglect  to  call  such  meeting  a  justice 
of  the  peace  may  call  the  same.     At  any  such  meeting  a 
moderator  shall  be  chosen,  who  shall  have  the  powers  of 
the  moderator  of  the  town  meeting,  and  the  town  clerk 
shall  keep  the  records. 

Section  11.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  22,  1S98. 

An  Act   relative  to  inquests  and  fees  in  district,  police  f^hfjj^  904 

AND   municipal   COURTS.  ^ 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Officers  serving  subpoenas  or  other  proc-  Fees  of  officers 
esses  in  connection  with  inquests  held  by  district,  police  proc'e^LT.''"'" 
and  municipal  courts,  shall  be  paid  their  fees  and  expenses 
as  in  criminal  cases,  the  same  to  he  paid  by  the  county 
and  in  the  same  manner  as  the  fees  of  witnesses  are  paid 
in  criminal  cases  in  said  courts. 

Section  2.     "When  an  inquest  is  to  be  held  by  any  such  officer  maybe 
court  the  justice  may  appoint  any  officer  authorized  by  hfve°st?gate  ui 
law  to  serve  criminal  process,  to  investigate  the  case  and  efc^^'°  *^''*^*' 
to  summon  the  witnesses,  and  may  allow  the  officer  so 
appointed  such  additional  compensation  therefor  as  said 
justice  may  deem  proper,  the  same  to  be  paid  in  the  same 
manner  as  the  fees  and  expenses  of  such  officer  are  paid. 

Section  3.    In  district,  police  and  municipal  courts  there  Fees  in  certain 


civil  actions. 


shall  be  no  fee  in  civil  actions  for  taxing  costs  or  for  a 
writ  of  execution,  except  the  fee  for  an  alias  or  renewed 
execution,  which  shall  be  as  the  statute  now  provides. 

Section  4.     The  fees  of  witnesses  in  a  prosecution  for  Fcesof  wit- 
the  violation  of  a  by-law  of  a  city  or  town  shall  be  paid  cases.* '°*^^'^'''° 
by   the    county,   and    in    the    same    manner   as  in   other 
criminal  cases. 

Section  5.     All  acts  and  parts  of  acts  inconsistent  with  Ropeai. 
this  act  are  hereby  repealed. 

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

Aiyproved  March  22,  1898. 


138  Acts,  1898.  —  Chaps.  205,  206,  207. 


ChcW.2i05  -^^   ^'^^    RELATIVE   TO   FINES   AND   FORFEITURES   UNDER    THE    LAWS 
FOR  THE   PROTECTION  OF   FISH   AND   GAME. 

Be  it  enacted,  etc.,  as  folloivs  : 
1890, 390,  §3,  Section  1.     Section   three    of  chapter  three   hundred 

amendea.  t       •  /»     i 

and  ninety  of  the  acts  of  the  year  eighteen  hundred  and 
ninety  is  hereby  amended  by  inserting  after  the  word 
"to  ",  in  the  second  line,  the  words  :  —  such  of,  —  and 
by  inserting  after  the  word  "  commissioners",  in  the  third 
line,  the  words  :  — as  receive  compensation  from  the  Com- 
Moieties  of       mouwealth,  —  so  as  to  read  as  follows  :  —  Section  3.    All 

fines,  etc.,  to  be  •,•  en  -\    i-       f   •  i  c  ,•  i-i 

paid  into  the      moictics  oi  hncs  and  lorieitures  irom  prosecutions,  which 
treasury.  ^^^^  accruc  to  such  of  the  dcputics  appointed  by  said 

commissioners  as  receive  compensation  from  the  Com- 
monwealth, shall  be  paid  into  the  treasury  of  the  Com- 
monwealth. 

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

Approved  March  22,  1898. 


Ch(lD.2,0Q  ^^    -^^^  '^^   AUTHORIZE   COUNTY   TREASURERS   TO   REFUND    CERTAIN 

MONEYS. 

Be  it  enacted,  etc.,  as  follows: 

bi"rIlfunded''to°       Section  1.     The  trcasurcrs  of  the  several  counties  are 
applicants  for    hercbv  authorizcd  to  refund  to  any  applicant  whose  peti- 

admission  to  .  ^  ,       ,       .  ,        <  i         i  i  •         •  11  /» 

bar  in  certain     tioii  tor  admissioii  to  the   bar  was  dismissed   because  oi 
casee.  ^j^^  passage    of  chapter   five   hundred   and  eight   of  the 

acts  of  the  year  eighteen  hundred  and  ninety-seven,  en- 
titled "An  Act  to  establish  a  state  board  of  bar  ex- 
aminers", the  entrance  fee  paid  to  the  court  where  such 
petition  was  filed,  upon  the  certificate  of  the  clerk  of  said 
Proviso.  court  that  such  petition  was  so  filed  and  dismissed :  pi'o- 

vided,  such  applicant  has  since  filed  a  new  petition  in  ac- 
cordance with  the  provisions  of  said  chapter. 

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

Approved  March  22,  1898. 


Clian  207  ^^  ^^^  '^^  incorporate   KNOLLWOOD   CEMETERY. 

Be  it  enacted,  etc.,  as  foUoiKs : 
Knoll  wood  Section  1.     Frank  H.   Ricker,  Alfred  Mudge,  Oscar 

Cemetery  incor.  '  O    ' 

porated.  M.  Chandler,  Walter  Reed  and  Daniel  W.  Hyde,  their 

associates  and  successors,  are  hereby  made  a  corporation 


Acts,  1898.  — Chap.  207.  139 

by  the  name  of  Knollwood  Cemetery,  for  the  purpose  of 
purchasinof,  holding,  managing  and  perpetuating  a  place 
for  the  burial  of  the  dead,  partly  within  the  limits  of  the 
town  of  Sharon  and  partly  within  the  limits  of  the  town 
of  Canton,  subject  to  the  approval  of  a  majority  of  the 
legal  voters  of  each  of  said  towns  present  and  voting 
thereon  at  legal  meetings  called  for  that  purpose :  ^j?*o-  Proviso. 
vided,  that  such  burial  place  shall  not  be  located  south 
of  a  line  drawn  east  and  west  from  a  point  one  half  mile 
north  of  the  present  pumping  station  in  said  towm  of 
Sharon  ;  and  said  corporation  shall  have  all  the  powers 
and  privileges  and  be  subject  to  all  the  duties,  restrictions 
and  liabilities  contained  in  all  general  laws  which  now  are 
or  may  hereafter  be  in  force  relating  to  such  corporations, 
except  as  hereinafter  provided. 

Section  2.     Said  corporation  may  purchase,  acquire.  May  acquire, 
receive  and  hold  such  real  estate  in  said  towns,  and  may  frfd'persoiTar* 
also  hold  personal  property  to  an  amount  not  exceeding  ^*^"*''' 
one  hundred  thousand  dollars  in  addition  to  any  amounts 
which  may  be  held  by  it  under  the  provisions  of  section 
five  of  this  act. 

Section  3.     Said  corporation  may  agree  with  a  person  Payment  for 

,^  1  IT  "^i  !/•  lands  purchased 

or  persons  irom  whom  any  lands  are  purchased  tor  a  ceme-  for  a  cemetery. 
teiy,  to  pay  therefor  a  specified  share  not  exceeding  one  ^*"" 
half  of  the  proceeds  of  all  sales  of  the  use  of  lots  and 
plats  made  from  such  land,  and  such  share  shall  be  first 
applied  to  the  payment  of  such  purchase  money,  and  the 
residue  thereof  shall  be  applied  to  the  preservation,  im- 
provement and  embellishment  of  the  cemetery  grounds 
and  to  the  incidental  expenses  of  the  association.  Where 
lands  have  been  so  purchased  and  are  to  be  paid  for  as 
provided  in  this  section  the  prices  for  the  use  of  lots  and 
plats  fixed  by  the  directors  and  in  force  when  such  pur- 
chase was  made  shall  not  be  decreased  while  the  purchase 
price  remains  unpaid,  without  the  written  consent  of  a 
majority  in  interest  of  the  person  or  persons  from  whom 
the  lands  were  purchased,  their  heirs,  representatives  or 
assigns. 

Section  4.  All  persons  who  shall  become  proprietors  Membership. 
of  lots  or  plats  in  any  lands  acquired  by  said  corporation, 
shall  be  and  become  members  of  said  corporation,  and 
whenever  any  person  shall  cease  to  be  a  proprietor  of  a 
lot  or  plat  in  the  lands  of  said  corporation  such  person 
shall  cease  to  be  a  member  thereof. 


140 


Acts,  1808.  — CnAr.  207. 


Grants,  be- 
quests, etc. 


Officers,  sale  of 
lots,  etc. 


To  keep  maps, 
records,  etc. 


To  make  an 
auuual  report. 


Section  5.  Said  corporation  is  hereby  authorized  to 
take  and  hold  any  o;rant,  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  purposes  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  proprietor  of  any  lot  or  plat 
in  said  cemetery  for  the  annual  repair,  preservation  or 
embellishment  of  such  lot  and  the  erections  thereon,  said 
corporation  may  give  to  such  proprietor  or  to  his  or  her 
representative  an  agreement  or  obligation,  in  such  form 
and  upon  such  conditions  as  it  may  establish,  l)inding  such 
corporation  and  its  successors  to  preserve  and  keep  in  re- 
pair said  lot  or  plat  forever,  or  for  such  period  as  may  be 
agreed  upon. 

Section  6.  Said  corporation  may  by  its  by-laws  pro- 
vide for  such  officers  as  may  be  necessary,  and  may  also 
provide  for  the  care  and  management  of  the  cemetery  and 
for  the  sale  and  conveyance  of  the  use  of  lots  and  plats 
therein  and  for  the  care  and  management  of  any  funds 
which  it  may  hold  for  the  benefit  and  care  of  said  ceme- 
tery, and  for  any  other  matters  incident  to  the  proper 
management  of  said  corporation. 

Section  7.  Said  corporation  shall  make  and  keep 
maps  and  accurate  records  of  all  lots  or  graves  in  said 
cemetery,  and  records  of  all  persons  interred  therein, 
sufficiently  definite  to  identify  each  person  interred  therein 
and  the  location  of  the  place  of  such  interment.  Said 
maps  and  records  shall  at  all  proper  times  be  subject  to 
the  examination  of  joersons  having  an  interest  therein. 
The  corporation  shall  make  an  annual  report  to  its  lot 
proprietors  of  the  progress  of  work  and  of  the  condition 
of  its  affiiirs. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  23,  1898. 


Acts,  1898.  —  Chaps.  208,  209.  '  141 

An  Act  to  puovide   fok  the   aitointment  of  constables  in  p?        r)r\Q 

CITIES.  ^"' 

Be  it  enacted,  etc. ,  as  follows  : 

Section    1.      In   every   city   which   accepts   the    pro-  Appointment 
visions   of  this  act  in  the  manner  herein  provided  con-  certaki'^cHief  ° 
stables  shall  be  ap])ointed  by  the  mayor  and  aldermen. 

Section  2.     This  act   shall  take  effect  in  any  city  in  when  to  take 
which  it  is  accepted  by  vote  of  the  city  council  thereof  or   " 
of  such  board  as  has  the  powers  of  a  city  council. 

Approved  March  23,  1898. 


effect. 


O^ap.209 


An  Act  relative  to  the  construction  of  buildings  in  the 

CITY   OF  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-six  of  chapter  four  hundred  1892, 419,  §  se. 

.  ''  .1  etc.,  amended. 

and  nmeteen  of  the  acts  ot  the  year  eighteen  hundred  and 
ninety-two,  as  amended  by  section  one  of  chapter  four 
hundred  and  sixteen  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-six,  is  hereby  amended  by  striking  out 
the  word  "  forty- five  ",  in  the  eighth  line,  and  inserting 
in  place  thereof  the  word: — fifty-five,  —  so  as  to  read 
as  follows:  —  Section  36.  The  external  and  party  walls  External  and 
above  the  foundation  of  dwelling  houses  of  the  first  or  JiweUing 
second  class,  hereafter  built,  not  over  twenty  feet  wide,  ^o"^^^- 
or  thirty-three  feet  high,  or  forty  feet  deep,  shall  be  not 
less  than  eight  inches  thick.  For  such  buildings  exceed- 
ing said  dimensions  and  not  over  twenty-three  feet  wide, 
or  thirty-six  feet  high,  or  fifty-five  feet  deep,  external 
walls  shall  be  not  less  than  eight  inches  thick  and  party 
walls  shall  be  not  less  than  twelve  inches  thick.  In  case 
such  buildings  are  to  be  used  for  store  purposes  the  ex- 
ternal walls  thereof  to  the  top  of  the  second  floor  timbers 
shall  be  not  less  than  twelve  inches  thick.  The  external 
and  ])arty  walls  of  dwellings  of  the  first  or  second  class 
hereafter  built  over  thirty-six  feet,  but  not  over  sixty  feet 
high,  shall  be  not  less  than  twelve  inches  thick.  Such 
walls  of  such  dwellings  sixty  feet  or  over,  but  not  over 
seventy  feet  high,  shall  be  sixteen  inches  to  the  height  of  the 
top  of  the  second  floor,  and  twelve  inches  for  the  remain- 
ing height.  Such  walls  of  such  dwellings  sev^enty  feet  or 
over,  but  not  over  eighty  feet  high,  shall  be  twenty  inches 
to  the  top  of  the  second  floor,  sixteen  inches  to  the  top  of 


142 


Acts,  1898.  —  Chap.  210. 


the  upper  floor,  and  to  within  fifteen  feet  of  the  roof,  and 
twelve  inches  the  remaining  height.  Such  walls  of  such 
dwellings  of  eighty  feet  or  more  in  height  shall  have 
for  the  upper  eighty  feet  the  thickness  required  for 
buildings  between  seventy  and  eighty  feet  in  height,  and 
every  section  of  twenty-five  feet  or  part  thereof  below 
such  upper  eighty  feet  shall  have  a  thickness  of  four 
inches  more  than  is  required  for  the  section  next  above  it. 
Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  March  23,  1898. 


CJlttV.^lO  ^^  -^^^  RELATIVE   TO   THE   PLOTTING   AND   LAYING  OUT  OF  STREETS 

IN   THE   CITY   OF   BOSTON. 


Street  coramia- 
siouere  niuy 
make  new 
plans,  etc.,  for 
the  laying  out 
of  highways  in 
Boston,  etc. 


1894,  439,  §  1, 
amended. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  board  of  street  commissioners  of  the 
city  of  Boston  from  time  to  time  after  public  notice  and 
hearing,  and  with  the  approval  of  the  mayor,  may  make  a 
new  plan  or  plans,  to  take  the  place  of  any  plan  that  has 
been  made  by  the  board  of  survey  of  said  city,  or  that  has 
been  or  may  hereafter  be  made  by  the  board  of  street 
commissioners  of  said  city  under  authority  of  chapter 
three  hundred  and  twenty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-one  or  acts  in  amendment 
thereof  or  in  addition  thereto,  or  under  any  other  au- 
thority, and  may  make  changes  on  any  plan  or  plans  that 
have  been  or  that  may  hereafter  be  made  as  aforesaid,  or 
on  any  plan  or  plans  that  may  hereafter  be  made  as  afore- 
said to  take  the  place  of  any  plan  aforesaid ;  and  the  last 
plan  so  made,  or  the  plan  with  the  changes  last  made 
thereon,  being  filed  in  the  office  of  the  city  engineer  of 
said  city,  shall  be  the  plan  in  accordance  with  which  all 
highways  within  the  territory  shown  on  such  plan  shall  be 
laid  out,  located  anew,  altered  or  widened,  or  constructed 
under  the  provisions  of  said  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.  All  highways  in  said  city  shall  hereafter  be  laid 
out,  located  anew,  altered,  widened,  constructed  or  dis- 
continued only  under  the  provisions  of  said  acts,  of  this 
act,  or  of  special  acts  authorizing  the  same. 

Section  2.  Section  one  of  chapter  four  hundred  and 
thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is   amended  by    striking  out  in  the  twenty- 


Boston. 


Acts,  1898.  — Chap.  211.  U3 

third   line,  the  words,  "not  lower  than  city  of  Boston 

grade  seventeen",  so  as  to  read  as  follows:  —  Section  1.  Laying  out  of 

The  board  of  street  commissioners  of  the  city  of  Boston,  thecuyof  ^*° 

when  it  lays  out  and  constructs  Boylston  street  between 

Back  Bay  Fens  and  Brookline  avenue  in  said  city,  shall 

do  so  under  the  provisions  of  chapter  three  hundred  and 

thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 

ninety-three,  and   when  it  lays  out  and   constructs  any 

other  way  in  that  part  of  said  city  Ijounded  by  said  Back 

Bay  Fens,  Brookline  avenue  and  the  Boston  and  Albany 

railroad,  shall  do  so  under  the  provisions  of  chapter  three 

hundred  and  twenty-three  of  the  acts  of  the  year  eighteen 

hundred  and  ninety-one  and  acts  in  addition  thereto  or  in 

amendment  thereof,  and  according  to  the  directions  and 

widths  shown   on  the   plan  marked   "Back  Bay  Lands, 

Pierre  Humbert,  Jr.,  City  Surveyor,  April  10,  1894",  on 

file  in  the  office  of  the  city  surveyors  of  said  city,  but  may 

at  any  time  at  its  discretion  lay  out  and  construct  any 

way  less  than  thirty  feet  in  width  in  a  different  location 

and  of  a  difl'erent  width  than  as  shown  on  said  plan.    Said 

board  may,  under  the  provisions  of  said  acts  and  of  this 

act,  lay  out  and  construct  as  pu])lic  ways  any  and  all  the 

ways  shown  on  said  plan  according  to  the  directions  and 

widths  shown  thereon,  and  on  such  grades  as  said  board 

shall   deem  that  the   public   necessity   and    convenience 

require. 

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

Approved  March  23,  1898. 


Chap.2n 


An  Act  to  incorporate  the  franklin  cemetery  association. 
Be  it  enacted,  etc.,  asfolloios: 

Section  1.    Joseph  G.  Ray,  William  F.  Ray,  Adelbert  TheFrankun 

T>v     mi  T-i       1        I    -fir     mi  i      4  •         rV      -r-ii         1  Cemetery  Aseo- 

D.  ihayer,  Herbert  W.  Ihayer  and  Austin  B.  Fletcher,  ciation  incor- 
their  associates  and  successors,  are  hereby  made  a  cor-  "^"^ 
poration  by  the  name  of  The  Franklin  Cemetery  Associa- 
tion, for  the  purpose  of  acquiring,  holding,  managing  and 
})erpetuating  a  place  for  the  burial  of  the  dead  in  the  town 
of  Franklin,  with  all  the  powers  and  privileges  and  sub- 
ject to  all  the  duties,  restrictions  and  liabilities  set  forth 
in  the  general  laws  which  now  are  or  hereafter  may  be  in 
force  relating  to  similar  corporations. 

Section  2.     Said  corporation  may  purchase,  acquire,  May  acquire, 
receive  and  hold  so  much  of  the  real  estate  in  said  town  aLa'plrsoLar"' 

estate. 


lU 


Acts,  1898.  — Chap.  211. 


Town  of  Frank- 
lin may  convey 
certaiu  real 
estate,  etc.,  to 
corporation. 


Proviso. 


Franklin  Ceme- 
tery AsBocia- 
tiou  may  convey 
certaiu  real 
estate  to  cor- 
poration. 


Proviso. 


Membersliip. 


of  Franklin  now  held  by  the  said  town  as  is  now  included 
within  the  limits  of  the  old  cemetery,  commonly  called 
Franklin  cemetery,  and  also  all  the  real  estate  now  held 
by  the  Franklin  Cemetery  Association,  a  corporation  ex- 
isting under  and  by  virtue  of  the  laws  of  the  Common- 
wealth, and  may  also  purchase,  acquire,  receive  and  hold 
additional  real  and  personal  estate  to  an  amount  not  ex- 
ceeding in  value  one  hundred  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 
six  of  this  act. 

Section  3.  The  town  of  Franklin  is  hereby  authorized, 
whenever  said  cemeter}^  association  shall  be  duly  organ- 
ized, to  release  and  c(mvey  to  the  said  corporation,  and 
said  corporation  may  receive  upon  such  terms  as  may  be 
agreed  upon,  so  much  of  the  real  estate  now  held  by  the 
town  as  is  within  the  said  old  cemetery,  and  may  transfer 
to  said  corporation  any  trust  fund  held  by  said  town  by 
bequest  or  otherwise,  for  the  care  and  benefit  of  any  lot 
or  lots  in  said  Franklin  cemetery  :  provided,  such  release, 
conveyance  and  transfer  are  authorized  hy  a  vote  of  the 
town  at  a  meeting  duly  called  for  the  purpose. 

Section  4.  The  said  Franklin  Cemetery  Association 
is  hereby  authorized,  whenever  said  The  Franklin  Ceme- 
tery Association  shall  be  duly  organized,  to  release  and 
convey  to  said  corporation,  for  such  consideration  and 
upon  such  terms  as  may  be  agreed  upon,  by  a  deed  ex- 
ecuted by  the  president  and  secretary  of  said  Franklin 
Cemetery  Association  in  its  behalf,  all  the  real  estate  now 
owned  l)y  said  Franklin  Cemetery  Association  :  provided, 
that  a  majority  of  the  stockholders  of  said  Franklin  Ceme- 
tery Association  present  and  voting  shall  vote  so  to  do 
at  a  meeting  duly  called  for  that  purpose. 

Section  5.  All  persons  who  shall  become  proprietors 
of  lots  in  any  lands  acquired  by  said  corporation,  and  all 
persons  who  shall  be  proprietors  of  lots,  whether  by  deed 
or  otherwise,  in  the  real  estate  mentioned  in  section  two 
of  this  act,  at  the  time  when  the  releases  and  conveyances 
therein  authorized  are  made  to  said  corporation,  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  ))c  a  meml)er 
thereof. 


Acts,  1898.  —  Chap.  212.  U5 

Section  6.  Said  The  Franklin  Cemetery  Association  Grants,  devisee, 
is  hereby  authorized  to  take  and  hold  any  grant,  devise, 
donation  or  bequest  of  property  upon  trust,  to  apply  the 
same  or  the  income  thereof  for  the  care,  improvement, 
embellishment  or  enlargement  of  said  cemetery,  or  for 
the  erection,  repair,  preservation  or  removal  of  any  monu- 
ment, fence  or  other  erection,  or  for  the  planting  and 
cultivation  of  trees,  shrubs  or  plants  in  or  around  any 
lot,  or  for  imj)roving  said  premises  in  any  other  manner 
or  form  consistent  with  the  purposes  for  which  said  cor- 
l)oration  is  established,  according  to  the  terms  of  such 
grant,  devise,  donation  or  bequest ;  and  whenever  any 
such  grant,  donation,  devise  or  bequest,  or  any  deposit 
of  money,  shall  be  made  by  the  proprietor  of  any  lot  in 
said  cemetery  for  the  })erpetual  or  annual  repair,  preser- 
vation or  embellishment  of  such  lot  and  the  erections 
thereon,  the  said  corporation  may  give  to  such  proprietor 
or  his  representatives  an  agreement  or  obligation,  in  such 
form  and  upon  such  conditions  as  it  may  establish,  bind- 
ing such  cor])oration  and  its  successors  to  preserve  and 
keep  in  repair  said  lot  forever,  or  for  such  period  as  may 
be  agreed  upon. 

Section  7 .     Said  corporation  may  bv  its  by-laws  pro-  officers,  saie  of 

•  *»  %/         mj  mj  1  lots    etc 

vide  for  such  officers  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  hold  for 
the  benefit  and  care  of  said  cemetery,  and  for  any  other 
matters  incident  to  the  proper  management  of  the  cor- 
poration. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  23,  1898. 

An  Act  to  incorporate  the  braintree  first  parish  cemetery  (7^f^n.212 

ASSOCIATION. 

Be  it  enacted,  etc.,  as  folloics : 

Section    1.      Asa   French,    Eben    Denton,    Sarah    H.  Braintree  First 

'  1  1     o  Parish  Ueme- 

Thayer,  Susanna  N.  Thayer,  Mary  F.  White  and  Susan  tery Association 

M.  Sherman,  their  associates  and  successors,  are  hereby 

made  a  corporation  by  the  name  of  the  Braintree  First 

Parish  Cemetery  Association,  for  the  purpose  of  caring 

for  the  burial  place  belonging  to  the  first  parish  in  the 

town  of  Braintree,  situated  immediately  in  front  of  the 


U6 


Acts,  1898.  — Chap.  213. 


Organization. 


May  exercise 
certain  powers, 
etc. 


May  liold  real 
and  personal 
estate. 


meeting-house  of  said  parish,  together  with  the  cemetery 
contiguous  to  and  in  the  rear  of  the  same. 

Section  2.  At  the  first  meeting  of  said  corporation 
the  incorporators  may  organize  by  the  choice  of  a  tem- 
porary chairman  and  clerk,  may  adopt  by-laws  and  may 
proceed  at  such  meeting,  or  at  a  subsequent  meeting 
notified  in  accordance  with  the  by-laws,  to  the  permanent 
organization  of  the  corporation. 

Section  3.  Said  corporation  may  exercise  the  powers 
of  cemetery  corporations  organized  under  general  law 
over  said  burial  place  and  cemetery,  subject  to  the  rights 
of  said  parish  in  said  burial  place,  and  of  any  person  or 
persons  claiming  an  estate  or  interest  in  said  cemetery. 

Section  4.  Said  corporation  may  take,  hold  and  man- 
age any  real  and  personal  estate  given,  granted,  devised 
or  bequeathed  to  it,  not  exceeding  the  sum  of  five  thou- 
sand dollars,  for  the  perpetual  care,  improvement  and 
preservation  of  said  burial  place  and  cemetery. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  23,  1898. 


Chap 


Persons  unable 
to  pay  for  their 
support  in 
Massachusetts 
hospital  for 
epileptics  may 
petition  for 
approval  of 
application  for 
admission. 


Written  appli- 
cation to  trus- 
tees to  accom- 
pany petition. 


01 Q  An  Act  relative  to  the  admission  of  sane  voluntaky  pa- 
tients TO  THE  MASSACHUSETTS  HOSPITAL   FOR   EPILEPTICS. 

Be  it  enacted.,  etc.,  as  follows: 

Section  1.  Any  person  desiring  to  be  admitted  to  the 
Massachusetts  hospital  for  epileptics  under  the  provisions 
of  section  ten  of  chapter  four  hundred  and  eighty-three 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-five, 
who  is  not  of  sufficient  ability  to  pay  the  charges  for  his 
support  in  said  hospital,  and  who  has  no  person  or  kindred 
bound  by:  law  to  maintain  him,  of  sufficient  ability  to  pay 
such  charges,  may  apply  by  petition  to  any  judge  (]ualified 
to  commit  insane  persons,  asking  tor  the  approval  of  his 
application  for  admission  as  hereinafter  provided.  No 
such  person  shall  l)e  admitted  to  said  hospital  except  in 
accordance  with  the  provisions  of  this  act. 

Section  2.  Such  petition  shall  be  accompanied  by  a 
written  application  to  the  trustees  of  said  hospital  for  ad- 
mission thereto,  signed  by  the  petitioner  and  sworn  to  by 
him,  setting  forth  his  place  of  residence  and,  to  the  best 
of  his  knowledge,  his  place  of  settlement,  and  also  stat- 
ing that  he  is  an  cpilei)tic  and  that  neither  he  nor  any 
person  l)ound  l)y  law  to  maintain  him  is  of  sufficient  ability 
to  pay  the  charges  for  his  support. 


Acts,  1898.  —  CiiAr.  213.  147 

Section  3.     The  petitioner  shall  give  notice  in  writing  Petitioner  to 
to  the  overseers  of  the  poor  of  the  place  where  he  resides  ^01^0^^  ov°er. 
of  his  intention  to  bring  such  petition,  except  that  in  the  «<^cr8ofthe 
city  of  Boston  such  notice  shall  be  given  to  the  commis- 
sioners of  public  institutions. 

Section  4.  The  hearing  on  such  petition  shall  be  at  J/hearulg^Ltc! 
such  time  and  place  as  the  judge  shall  appoint.  If  upon 
such  hearing  the  judge  finds  that  the  petitioner  is  subject 
to  epilepsy  and  is  eligible  for  admission  to  the  said  hospi- 
tal, that  his  mental  condition  is  not  such  as  to  render  it 
legal  to  grant  a  certiticate  of  insanity  in  his  case ;  that 
neither  he  nor  an}^  person  bound  by  law  to  maintain  him 
is  of  sufficient  ability  to  pay  the  charges  for  his  support 
in  such  hospital,  and  that  notice  has  been  given  as  pro- 
vided in  the  preceding  section,  the  judge  may  approve 
said  application  for  admission.     A  certificate  reciting  said  certificate, etc., 

«T  1  i»  11  i«T  1-1     to  be  trans- 

nndmgs  and  approval,  signed  by  the  judge,  together  with  mitted  to  irus- 
certified  copies  of  the  application  for  admission,  the  notice 
mentioned  in  section  four  of  this  act,  and  the  certificates 
hereinafter  re(]uired,  shall  be  transmitted  by  the  register 
of  prol)ate  or  clerk  of  the  court  to  the  trustees  of  said 
hospital. 

Sections.     The  judge  hearing  such  petition  shall  '^ot  Phys^i«a°s' 
approve  the  application  for  admission  unless  there  has  flied  with  judge 
been  filed  with  him  the  certiticate  of  two  physicians  made  tion  is  ap-'' ^'"*" 
as  hereinafter  provided.     No  one  shall   be   qualified   to  pi'o^'ed.  etc. 
make  such  certificate  unless  he  shall  make  oath  that  he 
is  a  graduate  of  a  legally  chartered  medical  school   or 
college,  that  he  has  been  in  the  actual  practice  of  his  pro- 
fession in  this  Commonwealth  as  a  physician  for  at  least 
three  years  since  his  said  graduation,  and  for  the  three 
years  next  preceding  his  making  said  oath ;  nor  unless  lie 
has  been  duly  registered  in  compliance  with  the  provisions 
of  chapter  four  hundred  and  fifty-eight  of  the  acts  of  the  ■ 
year  eighteen  hundred  and  ninety-four  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  and  continues  to  be 
so  registered  ;  nor  unless  his  standing,  character,  and  pro- 
fessional knowledge  of  epilepsy  are  satisfactory  to  such 
judge.     Every  such  physician  shall  state  in  said  certifi- 
cate that,  in  his  opinion,  the  petitioner  is  an  epileptic  and 
a  suitable  person  to  be  received  in  said  hospital,  and  shall 
specify  the  facts  on  which  his  opinion   is   founded  sulv 
stantially  in  accordance  with  the  practice  relating  to  cer- 
tificates of  lunacy. 


148 


Acts,  1898.  — Chaps.  211,  215. 


Certain  pro- 
visions of  law 
not  affected. 


Section  6.  Nothino:  herein  contained  shall  be  con- 
strued to  alter  the  meaning  of  or  repeal  any  of  the  provi- 
sions of  chapter  four  hundred  and  eighty-three  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-live. 

Approved  March  23,  1898. 


Ghav  214  "^^  ^^^  ^^  change  the  name  of  the  police  court  of  brook- 
line. 

Beit  enacted,  etc.,  as  follows : 

Name  changed.       The  name  of  the  police  court  of  Brookline  is  hereby 
changed  to  the  municipal  court  of  Brookline. 

Approved  March  23,  1898. 


OR  the  sewage 


Chan  215   ^^   ^^^  ^^    provide    an    additional    OUTLET    F 
^   '  OF   THE   CITY   OF   EVERETT. 

Be  it  enacted,  etc.,  as  folio  ws: 
Metropolitan  SECTION  1.     The  metropolitan  sewerage  commissioners 

misBioners  to     shall  providc  an  additional  outlet  for  the  sewage  of  the 
Tionai  outlet  tor  city  of  Evd'ctt  and  the  city  of  Maiden  incidentally,  and, 
Ev^eretMake^     iu  acting  in  l)ehalf  of  the  Commonwealth,  shall  take  by 
con\u"ucteTi'r    purchasc  or  otherwise,  of  the  city  of  Maiden,  the  present 
Maiden,  etc.      sewcrs  coHstructed  by  said  city  of  Maiden,  commencing 
at  the  mett'opolitan  sewer  in  Middlesex  street  and  run- 
ning easterly  through  Charles  street,  southerly  through 
Main  street,  northeasterly  through  Eastern  avenue  to  the 
center  of  Bryant  street,  southerly  through  Bryant  street 
to  the  middle  of  Cross  street  in  said  Maiden,  and  shall 
pay  to  the  said  city  of  Maiden  the  cost  of  the  construc- 
tion of  the  same,  and  the  same  shall  become  and  is  hereby 
made  a  part  of  the  main  trunk  line  of  sewers  belonging 
to  the  metropolitan  system ;  and  the  metropolitan  sewer- 
•  age  commissioners  shall  at  once  extend  the  said  sewer  to 
the  Everett  line  by  constructing  a  sewer  through  Bryant 
street  extension,  so-called,  in  said  Maiden,  to  the  Everett 
line,  which  also  is  hereby  made  a  part  of  the  aforesaid 
main  trunk  line  of  sewers ;  and  the  city  of  Everett  shall 
have  the  right,  under  the  direction  of  the  metropolitan 
sewerage  commissioners,  to  connect  its  system  of  sewers 
with  said  main  trunk  line  of  sewers ;  and  the  said  city 
of  Maiden   shall  have  the  right  to   maintain   and    make 
house  connections  with  the  said  main  sewers  and  connect 
.  lateral  sewers  therewith,  in  the  same  manner  as  with  the 


Acts,  1898.  — Chap.  215.  149 

present  sewers  of  the  said  city,  under  the  direction  of  the 
metropolitan  sewerage  commissioners  :  providedy  however^  Proviso. 
that,  for  the  purpose  of  assessment  and  taxation,  said 
main  sewers  from  Middlesex  street  to  the  Everett  line 
shall  be  treated  as  a  local  sewer  of  said  Maiden,  and 
assessments  or  annual  rates  shall  be  made  therefor  by  said 
city  of  Maiden  according  to  such  scheme  or  plan  as  may  be 
now  in  operation  or  as  may  be  adopted  by  said  city  for  its 
local  sewers,  and  such  sums  as  may  be  assessed  therefor 
shall  be  paid  by  the  treasurer  of  said  city  of  Maiden  into 
the  treasury  of  the  Commonwealth  and  shall  be  credited  to 
and  form  a  part  of  the  funds  known  as  the  Metropolitan 
Sewerage  Loan  Fund,  authorized  by  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine  and  acts  in  amendment  thereof. 

Section  2.     In  providing  said  outlet  and  in  receiving  To  exercise  cer- 

,.  .  ,        ...  1     .  ,.  •  1    J.*  tain  authority, 

sewage  from  said  cities,  and  m  any  action  in  relation  etc. 
thereto,  and  for  the  purpose  of  taking,  constructing  and 
maintaining;  this  additional  line  of  sewers  to  the  Everett 
line  said  board  of  sewerage  commissioners,  acting  in  be- 
half of  the  Commonwealth,  shall  have  and  exercise  all  the 
authority  conferred  upon  them  by  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine  and  by  acts  in  amendment  thereof  regard- 
iuir  the  oriirinal  svstem  or  anything  relating  thereto,  and 
all  the  provisions  of  said  chapter  are  hereby  made  appli- 
cable to  this  additional  taking  and  construction,  except  as 
herein  otherwise  provided. 

Section  3.     To  meet  the  expenses  incurred  under  the  Treasurer  and 

..  /^.i-  ,,1,  1  •  1    receiver  general 

provisions  of  this  act  the  treasurer  and  receiver  general  to  issue  scrip, 
shall,  with  the  approval  of  the  governor  and  council,  issue  ^^''" 
scrip  or  certificates  of  debt  in  the  name  and  behalf  of  the 
Commonwealth  and  under  its  seal,  to  an  amount  not  ex- 
ceeding sixty  thousand  dollars,  for  a  term  not  exceeding 
thirtv-two  years.  All  tlic  |)rovisions  of  section  three  of 
chapter  four  hundred  and  fourteen  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-six,  relative  to  the  indebted- 
ness authorized  to  be  incurred  by  said  chapter,  shall  ap- 
ply to  the  indebtedness  authorized  by  this  section,  in  the 
same  manner  as  if  said  provisions  had  been  inserted  at 
length  in  this  act. 

Section  4.     The   interest   and    sinking   fund  require-  Payment  of 

,      ,  11.  A  1^'  i.\  •       expenses,  etc. 

ments  ot  the  moneys  expended  in  constructing  tne  main 
sewers  provided  for  in  this  act,  and  the  cost  of  main- 


150  Acts,  1898.  —  Chaps.  216,  217. 

tenance  thereof,  shall  be  deemed  a  part  of  the  interest, 
sinking  fund  requirements  and  costs  specified  in  section 
fifteen  of  chapter  four  hundred  and  thirty-nine  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-nine,  and 
shall  be  paid  as  provided  for  in  said  section. 

Section  5.     This  act  shall  take  efiect  upon  its  passage. 

Approved  March  24, 1898. 

ChCl7).2ilQ  ^  -^^^   '^^   ESTA,BLISH   THE   SALARY   OF  THE   JUSTICE    OF    THE    DIS- 
TRICT  COURT   OF   NORTHERN    BERKSHIRE. 

Be  it  enacted,  etc. ,  as  folloios  : 
Justice  of  Section  1.     The  salary  of  the  iustice  of  the  district 

district  court  -r»       i      i  •  i      ii      i  •     i 

ofNortherp       court  of  northern  Berkshire  shall   be   eisrhteen   hundred 


Berkshire. 


dollars  a  year,  to  be  so  allowed  from  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  ninety-eight. 
Section  2.     This  act  shall  take  efiect  upon  its  passage. 

Approved  March  24,  1898. 

C%tt».217   ^^  ^^'^  RELATIVE  TO   THE   ELECTION   AND   POWERS   OF   THE   COUNTY 
COMMISSIONERS   FOR   THE   COUNTY   OF   MIDDLESEX. 

Be  it  enacted,  etc.,  as  follows  : 

1893,417,  §179,  Section  1 .  Scction  OHC  huudrcd  and  seventy-nine  of 
chapter  four  hundred  and  seventeen  of  the  acts  of  the  year 
eighteen  hundred  and  ninoty-three,  as  amended  by  section 
nine  of  chapter  four  hundred  and  sixty-nine  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-six,  is  hereb}'- 
amended  by  striking  out  in  the  twenty-sixth  line,  the 
words  "  county  of  Suffolk ",  and  inserting  in  place 
thereof  the  words:  —  city  of  Boston,  —  and  hy  striking 
out  in  the  twenty-ninth  line,  the    words   "the   city  of 

Retumsof votes  chclsca  and",  so  as  to  read  as  follows: — Section  179. 

to  secretary  of  '  i       i  • 

tiie Common-  The  city  or  town  clerk  of  every  city  and  town  shall, 
wnthin  ten  days,  and  in  the  city  of  Boston  the  board  of 
election  commissioners  shall,  within  fifteen  days  from  the 
day  of  any  election  therein  for  representative  in  congress, 
governor,  lieutenant  governor,  councillor,  secretary,  treas- 
urer and  receiver  general,  auditor,  attorney-general,  clerk 
of  courts,  register  of  proliate  and  insolvency,  sheriff,  dis- 
trict attorney,  or  senator,  or  for  electors  of  president  and 
vice  president  of  the  United  States,  transmit  to  the  sec- 
retary of  the  Commonwealth  copies  of  the  records  of  the 
votes  for  such  officers,  which  copies  shall  be  certified  by 


Acts,  1898.  — Chap.  217.  151 

the  board  of  aldermen  or  the  selectmen,  or  by  said  board 
of  election  commissioners,  as  the  case  may  be,  and  shall 
be  attested  and  sealed  by  the  clerk,  or  by  said  board  of 
election  commissioners.     The  city  or  town  clerk  of  every  Returns  of  votes 
city  and  town  shall,  in  like  manner,  within  ten  days  after  an  mi8°io"nJirand 
election  therein  for  county  treasurer  or  register  of  deeds,  ^lerks of  courts. 
transmit  to  the  county  commissioners  of  the  county  for 
wdiich  such  officers  are  to  be  chosen,  copies  of  the  records 
of  the  votes  for  such  officers,  certified,  attested  and  sealed 
as  aforesaid ;  and  shall  within  ten  days  after  an  election 
therein  for  county  commissioner  or  special  commissioners, 
transmit  to  the  clerk  of  the  courts  for  the  county  the  rec- 
ords of  the  votes  for  such  officers,  so  certified,  attested 
and  sealed;  except  that  the  records  of  the  votes  cast  in  Returnsofvotea 
the  city  of  Boston  for  register  of  deeds  shall  be  trans-  s°uffo"k!^  °* 
mitted  by  said  board  of  election  commissioners  to  the 
board  of  aldermen  of  the  city  of  Boston,  and  the  records 
of  the  votes  cast  in  the  towns  of  Revere  and  Winthrop 
in  said  county,  for  county  commissioner  and  special  com- 
missioners, shall  be  transmitted  to  the  clerk  of  the  courts 
for  the  county  of  Middlesex. 

The  citv  and  town  clerks  and  said  board  shall  transmit  to  be  trans- 

1  •  /•      1  -I         c  ±         •  1  mitted  in  enve- 

all  such  copies  oi  the  records  oi  votes  m  envelopes,  upon  lopes  properly 
the  outside  of  which  they  shall  specify  the  offices   for 
which  the  votes  were  cast,  and,  in  case  officers  are  elected 
for  divisions  of  the  Commonwealth,  tlie  divisions  in  which 
the  votes  are  cast. 

Section    2.     Section   two   hundred   and   fifty-five    of  is93, 4i7,  §  255, 

/•     I  /•    J.1        amended. 

chapter  four  hundred  and  seventeen  ot  the  acts  01  the 
year  eighteen  hundred  and  ninety-three  is  hereby  amended 
bv  striking  out  in  the  third  line,  the  words  "and  of  the 
city  of  Chelsea",  by  striking  out  in  the  fifth  line,  the 
word  "city",  by  striking  out  in  the  eleventh  line,  the 
words  "  and  of  the  city  of  Chelsea",  and  by  striking  out 
in  the  thirteenth  line,  the  word  "city",  so  as  to  read  as 
follows  :  —  /Section  255.  At  the  annual  state  election  in  oounty 
each  year  there  shall  be  chosen  by  the  voters  of  the  county  '^""""""'' 
of  Middlesex  and  the  towns  of  Kevere  and  Winthrop,  one 
cf)unty  commissioner  for  said  county  and  towns,  and 
by  the  voters  of  each  of  the  other  counties,  except  the 
counties  of  Sufiblk  and  Nantucket,  one  county  commis- 
sioner for  the  county. 

At  the  annual  state  election  in  the   year  eiirhteen  hun-  special 

.  .  1  •     1  '     J.1  Ci.  coinmissionere. 

dred  and  nniety-five,  and  m  every  third  year  tnereatter, 


152 


Acts,  1898.  — Chap.  217. 


Not  more  than 
one  cominis- 
Hioner  from 
same  city  or 
town. 


Number 

of  county 

comraiBSioners. 

P.  8.22,  §  30, 
amended. 


Special 
proviHions  for 
Suffolk  county. 


there  shall  likewise  be  chosen  by  the  voters  of  the  county 
of  Middlesex  and  the  towns  of  Revere  and  Winthrop,  two 
special  commissioners  for  said  county  and  towns,  and  by 
the  voters  of  each  of  the  other  counties,  except  the  counties 
of  Suffolk  and  Nantucket,  two  special  commissioners  for 
the  county. 

Not  more  than  one  of  the  county  commissioners  and 
special  commissioners  shall  be  chosen  from  the  same  city 
or  town.  If  at  any  election  two  persons  residing  wdthin 
the  same  city  or  town  shall  receive  a  plurality  of  votes, 
whereby  otherwise  one  would  be  elected  a  county  com- 
missioner and  the  other  a  special  commissioner,  or  both 
would  be  elected  to  either  office,  the  one  only  who  receives 
the  larger  number  of  votes  shall  be  deemed  and  taken  to 
be  elected ;  but  if  both  shall  receive  an  equal  number  of 
votes,  neither  of  them  shall  be  deemed  and  taken  to  be 
elected.  If  a  person,  residing  in  a  city  or  town  in  which 
a  county  commissioner  or  a  special  commissioner  who  is 
to  remain  in  office  also  resides,  shall  receive  a  plurality  of 
votes,  whereby  he  otherwise  would  be  elected,  he  shall 
not  be  deemed  and  taken  to  be  elected.  If  the  person 
receiving  the  highest  number  of  votes  for  county  com- 
missioner or  special  commissioner  is  taken  not  to  be 
elected,  by  reason  of  the  above  provisions,  the  person 
receivino^  the  next  highest  number  of  votes  for  the  office, 
residing  in  another  city  or  town,  shall  be  taken  to  be 
elected  to  the  office,  except  that  in  case  two  persons  resid- 
ing in  the  same  city  or  town  receive  an  equal  number  of 
votes  for  the  same  office  and  are  taken  not  to  be  elected, 
then  no  person  shall  be  taken  to  be  elected  to  the  office. 

There  shall  be  three  county  commissioners  in  each 
county,  except  the  counties  of  Suffolk  and  Nantucket. 

Section  3.  Section  thirty  of  chapter  twenty-two  of 
the  Public  Statutes  is  hereby  amended  by  inserting  in  the 
second  line,  after  the  word  "Boston",  the  words:  —  and 
the  aldermen  of  the  city  of  Chelsea,  —  by  striking  out  in 
the  third  line,  the  words  "said  city",  and  inserting  in 
place  thereof  the  words: — their  respective  cities,  —  ])y 
striking  out  in  the  seventh  line,  the  words  "the  city  of 
Chelsea  and",  and  by  striking  out  in  the  eleventh  line, 
the  word  "three",  and  inserting  in  place  thereof  the 
word  :  —  five,  — so  as  to  read  as  follows  :  —  Section  30. 
In  the  county  of  Suffolk  the  aldermen  of  the  city  of  Boston 
and  the  aldermen  of  the  city  of  Chelsea  shall,  except  where 


Acts,  189S.  — Chaps.  218,  219.  153 

other  provision  is  made,  have  like  powers  and  perform 
lilve  duties  within  their  respective  cities  as  are  exercised 
and  performed  by  the  county  commissioners  of  other 
counties ;  and  the  county  commissioners  for  the  county 
of  Middlesex  sliall,  except  where  other  provision  is  made, 
have  like  powers  and  perform  like  duties  within  the  towns 
of  Eevere  and  Winthrop  as  are  exercised  and  performed 
by  them  in  their  own  county ;  and  when  performing 
duties  which  relate  to  said  })laces,  they  shall  be  paid  there- 
for by  said  places,  or  by  either  of  them,  in  such  propor- 
tions as  the  commissioners  may  direct,  at  the  rate  of  five 
dollars  a  day  and  five  cents  a  mile  travel  for  each  commis- 
sioner attending  in  the  case. 

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

Approved  March  24,  1898. 


Chap.218 


An    Act    to    determine    the   times  and   places   of   holding 
probate  courts  for  the  county  of  franklin. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Probate  courts  shall  be  held  in  each  year  Times  and 
for  the  county  of  Franklin,  at  Greenfield,  on  the    first  rng',!ro°baL°'''" 
Tuesday  of  each  month  except  November,  the  second  Tues-  p°ankiin'^ 
day    of   January,  April    and    November,  and  the  fourth  county. 
Tuesday  of  each  month  except  August ;  at  Orange,  on  the 
second  Tuesday  of  March,  June,  September  and  Decem- 
ber ;  at  Shelburne  Falls,  on  the  second  Tuesday  of  Feb- 
ruary, May    and    October ;    at   Northfield,   on    the    third 
Tuesday  of  May  and  September ;  and  at  Conway,  on  the 
third  Tuesday  of  June. 

Section  2.     Chapter  forty-six  of  the  acts  of  the  year  RepeaL 
eighteen  hundred  and  eighty-seven,  and  so  much  of  section 
forty-eight  of  chapter  one   hundred   and   fifty-six  of  the 
Public   Statutes  as  relates  to  holding  probate  courts  for 
the  county  of  Franklin,  are  hereby  repealed. 

Section  3.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  April  in  the  year  eighteen  hundred  and  ninety-eight.       ^^^"  '' 

Approved  March  24,  1898. 

An  Act  to  provide  for  an  additional  clerk  in  the  office  Qhnjy  219 
OF  the  chief  of  the  district  police. 

Be  it  enacted,  etc.,  as  folloivs : 

Sectiox  1.     The  chief  of  the  district  police  mav  appoint  Additional 

1  •  tr-  IT-  111.  •  •  I  I       •!  clerk  in  olliceof 

in  his  office  an  additional  clerk  tor  service  in  the  boiler  ciiief  of  diBtnci 

police. 


154  Acts,  1898.  — Chaps.  220,  221. 

inspection  department  of  the  district  police,  at  a  salary  of 
six  hundred  dollars  a  year,  the  said  sum  to  be  paid  out 
of  the  proceeds  of  the  fees  received  for  examinations  of 
applicants  for  licenses  as  engineers  and  for  inspections  of 
boilers. 

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

Apjjroved  March  24,  1898. 

O/iftW.220   ^^   ^^"^  "^^   EXTEND    THE    CHARTER    OK    THE    BARNSTABLE    COUNTY 

STREET   RAILWAY   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

1896,468  §8,  Scction  cia-lit  of  cliaptcr  four  hundred  and  sixtv-eiorht 

of  the  acts  of  the  year  eighteen  hundred  and  ninety-six  is 
hereby  amended  by  striking  out  the  words  ' '  July  in  the 
year  eighteen  hundred  and  ninety-eight",  in  the  fourth 
and  fifth  lines,  and  inserting  in  place  thereof  the  words  :  — 
October  in  the  year  eighteen  hundred  and  ninety-nine,  — 

Time  extended.  SO  as  to  read  as  follows  :  —  /Section  8.  The  provisions  of 
this  act  shall  become  void  so  far  as  relates  to  the  rights 
of  said  company,  if  it  shall  not  have  constructed  and  put 
in  operation  at  least  five  miles  of  railway  prior  to  the  first 
day  of  October  in  the  year  eighteen  hundred  and  ninety- 
nine.  Approved  March  24,  1898. 


Chap.221 


An  Act  to  authorize  the  city  of  medford  to  make  an  addi- 
tional PUBLIC  BUILDING  LOAN. 

Be  it  enacted,  etc.,  asfolloivs: 
Medford  Public      Section  1.     The  city  of  Medford,  for  the  purpose  of 

Building  Loan,  .  in  i  -i  • 

Act  of  1898.  erecting  schoolhouses  and  engine  houses,  may  incur  in- 
debtedness to  an  amount  not  exceeding  one  hundred 
and  tvventy-five  thousand  dollars  in  addition  to  the  amount 
heretofore  authorized  by  law  to  be  incurred  by  said  city 
for  building  purpo.ses  ;  and  may  from  time  to  time,  by  a 
vote  passed  in  the  manner  provided  by  section  seven  of 
chapter  twenty-nine  of  the  Public  Statutes,  issue  and  sell 
bonds  or  scrip  therefor.  Said  l)onds  or  scrip  shall  be  des- 
ignated on  the  face  thereof,  Medford  Public  Building 
Loan,  Act  of  1898,  shall  be  signed  by  the  mayor  and 
treasurer  and  countersigned  by  the  auditor  of  said  city, 
shall  be  payable  in  periods  not  exceeding  twenty  years 
from  the  date  of  issue,  and  shall  bear  interest  at  a  rate  not 
exceeding    four    j)er    cent,    per    annum,    payable    scmi- 

Proviso.  annually :  provided,  that  the  whole  amount  of  such  bonds 


Acts,  1898.  — Chap.  222.  155 

or  scrip  issued  by  said  city,  toiictlior  with  the  bonds  or 
scrip  heretofore  authorized  to  bo  issued  by  said  city  for 
the  same  purposes,  shall  not  in  any  event  exceed  the 
amount  of  three  hundred  and  seventy-live  thousand 
dollars. 

Section  2.     The  provisions  of  section  two  of  chapter  certain  pro- 
one  hundred  and  sixty-seven  of  the  acts  of  the  year  eight-  u>'':ipp]y. 
een  hundred  and  ninety-three  shall  apply  to  the  indebted- 
ness authorized  by  this  act  and  to  the  bonds  or  scrip  issued 
under  the  authority  hereof. 

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

Approved  March  24,  1898. 


Cha2y.222 


An  Act  to  puovide  for  enlarging  and  improving  the  water 

SUPPLY   of   the   town   OK   HUDSON. 

Be  it  enacted,  etc.,  as  foUows : 

Section  1.  The  town  of  Hudson  may  enlarge  and  ^rfajn^and 
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  pur- 
chase or  otherwise,  land  in  the  town  of  Berlin  situate  on 
Fosgate  l)rook,  so-called,  a  stream  north  from  Gates  pond 
in  said  Berlin,  together  with  the  water  and  water  rights 
belonging  to  said  brook  or  tributary  thereto,  may  erect  a 
dam  on  and  across  said  brook,  and  by  a  pipe  or  aqueduct 
may  conduct  the  water  of  said  l)rook  into  said  Gates  pond, 
the  water  supply  of  said  town  of  Hudson.  For  the  pur- 
pose of  laying  said  pipe  or  aqueduct  the  town  of  Hudson 
may  take  and  hold  as  aforesaid  land  for  such  use. 

Section  2.     In  case  said  town  of  Hudson  fails  to  secure  in  eaao  lands, 
the  lands,  water  and  water  rights   connected  therewith,  by Vil'iu of 
specitied  in  the  preceding  section,  by  purchase,  and  the  ci.',""!',',",,',"'"'"" 
same  are  taken  ])y  right  of  eminent  domain,  then  the  pro-  ll''l'^^]y! 
visions  of  sections  three  and  four  of  chapter  one  hundred 
and  forty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-three   shall   apply  to   and   govern   the   taking 
thereof    and   the    payment    of    the    damages    occasioned 
thereby. 

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

Approced  March  24,  1898. 


visions  of  law 


156 


Acts,  1898.— Chap.  223. 


The  Mansfield 
Water  Supply 
District  may 
furniBh  elec- 
tricity for  light 
aud  power. 


Mansfield 
Electric  Loan. 


C'7iff».223   ^^   ^^'^  '^^   AUTHORIZE   THE    MANSFIELD    WATER    SUPPLY    DISTRICT 
TO  FURNISH   ELECTRICITY   FOR  LIGHT   AND   POWER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Mansfield  Water  Supply  District  in 
the  town  of  Mansfield  is  hereby  authorized  to  establish  an 
electric  plant  and  to  manufacture  and  sell  electricity  for 
light  and  power  to  the  inhabitants  of  said  town  and  for 
public  uses  within  said  town,  with  all  the  powers  and 
privileges  and  subject  to  all  the  duties,  restrictions  and 
liabilities  of  towns  authorized  to  manufacture  and  sell 
electricity  for  light  and  power,  so  far  as  the  same  may 
be  applicable  to  said  water  supply  district  and  not  incon- 
sistent with  the  provisions  of  this  act. 

Section  2.  Said  district,  in  order  to  meet  the  expenses 
of  establishing  an  electric  plant  as  aforesaid,  may  issue 
bonds,  notes  or  certificates  of  debt,  to  be  denominated  on 
the  face  thereof,  Mansfield  Electric  Loan,  to  an  amount 
not  exceeding  fifteen  thousand  dollars.  Said  bonds,  notes 
or  certificates  of  debt  shall  be  issued  upon  the  same  terms 
and  conditions,  and  with  the  same  powers,  as  are  provided 
in  chapter  three  hundred  and  thirty-six  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-six  for  the  issue  of  the 
Mansfield  water  loan. 

Section  3.  The  officers  of  said  water  supply  district 
or  such  other  ofiicers  as  said  district  may  from  time  to 
time  determine,  suliject  to  such  orders,  rules  and  regula- 
tions not  inconsistent  with  law  as  said  district  may  pre- 
scribe shall,  so  far  as  is  consistent  with  the  provisions  of 
this  act,  have  and  exercise  all  the  powers  and  be  subject 
to  all  the  duties  of  the  officer  provided  for  in  section  eight 
of  chapter  three  hundred  and  seventy  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-one  and  acts  in  amend- 
ment thereof  and  in  addition  thereto. 

Section  4.  This  act  shall  take  effect  upon  its  passage, 
but  shall  not  become  operative  until  it  has  ])een  accepted 
by  a  vote  of  two  thirds  of  the  voters  present  and  voting 
at  each  of  two  legal  meetings  of  said  water  supply  dis- 
trict duly  called  for  the  purpose,  of  which  meetings  the 
second  shall  be  held  at  an  interval  of  not  less  than  two 
nor  more  than  thirteen  months  after  the  first.  At  said 
meetings  said  vote  shall  be  taken  by  written  or  })rinted 
ballot  and  by  use  of  the  check  list.     When  such  a  vote 


Powers  and 
duties  of 
oilicers. 


When  to  talie 
effect. 


Acts,  1898.  —  Chap.  224.  157 

has  failed  of  passage  at  the  second  of  said  meetings,  as 
hereinbefore  provided,  no  similar  vote  shall  be  passed 
until  after  the  expiration  of  two  years. 

Approved  March  25,  1898. 

An  Act  to  incorporate  the  Oakland  cemetery  association.  Qhnjy  224 
Be  it  enacted,  etc.,  as  foUoivs : 

Sectiox    1.       Seth   Mann,    second,    Royal    T.    Mann,  oauiand 
Edwin    M.    Mann,  M.    Frank  Mann,  Luther  H.  Bump,  AtTo'cfation 
Soriano  M.  Jones,  George  H.  Eddy,  George  A.  Poole,  ^"'^^■■porated. 
Joshua  Hunt  and  Albert  M.  Alden,  their  associates  and 
successors,  are  hereb}^  made  a  corporation  by  the  name 
of  the  Oakland  Cemetery  Association,  for   the  ])urpose 
of  acquiring,  holding,  managing  and  perpetuating  a  place 
for  the  l)urial   of  the   dead  in  that  part   of  the  town  of 
Randolph  known  as  West  Corner,  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  restrictions 
and  liabilities  contained  in  the  general  laws  which  now 
are    or   hereafter   may   be    in   force    relating   to    similar 
corporations. 

Section  2.     Said  corporation  is  hereby  authorized  to  May  take  cer- 

.1  •  1  iiiii»j.ii*  tain  lands,  etc. 

take  possession  and  assume  legal  control  oi  the  burymg 
ground  situated  in  Randolph  and  known  as  the  West 
Corner  or  Oakland  Cemetery,  but  not  including  the  land 
enclosed  in  said  cemetery  and  not  laid  out  into  burial 
lots,  westerly  of  the  driveway  therein  and  now  owned 
and  improved  by  said  Royal  T.  Mann  and  Edwin  M. 
]\Iann ;  and  nothing  herein  shall  afiect  the  individual 
rights  of  proprietors  in  said  cemetery. 

Section  3.     Said    corporation    may   acquire   by   gift,  ^e%8M*l-y'reai 
bequest,  devise  or  purchase,  so  much  real  and  personal  """^ j^^.f?""^ 
property  as  may  be  necessary  for  the  objects  connected 
with  and  appropriate  for  the  purposes  of  said  association. 

Section  4.     A  majority  in  number  and  interest  of  the  organization. 
})roprictors  of  said  cemetery  or  burial  ground  present  and 
voting  at  a  meeting  legally  notified  for  such  purpose  may 
organize  said  corporation  under  this  act. 

Section  5.  AH  persons  who  shall  become  proprietors  Membership, 
of  lots  in  any  lands  acquired  by  said  corporation  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  l)e  a  member 
thereof. 


158 


Acts,  1898.  — Chap.  225. 


Proceeds  of 
sales  of  lots  to 
be  applied  to 
iiiiprovement, 
etc. 


Grants, 
bequests,  etc. 


OfHcers,  care  of 
cemetery,  etc 


Section  6.  All  the  net  proceeds  of  the  sales  of  lots 
in  the  lands  held  by  said  corporation  shall  be  forever 
devoted  and  applied  to  the  preservation,  improvement, 
embellishment,  protection  and  enlargement  of  said  ceme- 
tery, 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 
removal  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  purposes  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  proprietor  of  any  lot  in  said 
cemetery  for  the  annual  repair,  preservation  or  embellish- 
ment of  such  lot  and  the  erections  thereon,  the  said  corpo- 
ration may  give  to  such  proprietor  or  his  representative 
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  cori)oration  may  by  its  by-laws  pro- 
vide for  such  officers  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  hold  for 
the  benefit  and  care  of  said  cemetery,  and  for  any  other 
matters  incident  to  the  proper  management  of  the  cor- 
poration. 

Section  9.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  March  25,  189S. 


QJian.225   ^^   "^^^  ^*^   INCORPORATE   THE  PINE  GROVE  CEMETERY  ASSOCIATION 

OF  AVESTBORODGH. 


Pine  Grove 
Cniuetery 
Association 
of  WestlKjroiigh 
incorporated. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  Joseph  A.  Trowbridge,  Charles  S.  Henry, 
William  T.  Forbes,  Edwin  B.  Harvey,  Emory  L.  Wood, 
Alelvin  H.  Walker,  John  A.  Fayerweather,  Joshua  E. 
Beeman,  John  W.  Fairbanks,  George  O.  Brigham,  Alden 


Acts,  1898.  — Chap.  225.  159 


L.  Boynton,  Harrison  M.  Brigham,  Lydia  Wilson,  Sarah 
I.  Potter,  Lucius  R.  Bates  and  Lyman  A.  Belknap, 
their  associates  and  successors,  arc  hereby  made  a  corpora- 
tion by  the  name  of  the  Pine  Grove  Cemetery  Association 
of  Westborough,  for  the  purpose  of  acquiring,  controlling, 
caring  for  and  improving  grounds  set  apart  and  known  as 
Pine  (irove  Cemetery,  situated  and  lying  within  one  en- 
closure in  the  town  of  AVestboi'ough,  and  said  corporation 
shall  have  all  the  powers  and  i)rivileges  and  be  subject  to  all 
the  duties,  restrictions  and  liabilities  contained  in  all  general 
laws  which  now  are  or  may  hereafter  be  in  force  relating 
to  such  corporations,  except  as  hereinafter  provided. 

Sectio:^  2.     Said  corporation  is  hereby  authorized  to  corporation 
take  possession  and  assumq,  legal  control  of  said  cemetery,  "crsM^Bionof 
and  said  town  of  Westborough  is  hereby  authorized  to  'cemetery,  etc. 
transfer  and  convey  to  said  corporation,  upon  such  terms 
as  may  be  agreed  upon,  all  the  right,  title  and  interest 
which  it  has  in  the  lands  which  have  been  purchased  and 
set  apart  for  said  cemetery,  and  in  all  other  estate,  prop- 
erty,  rights    and   things  appertaining  thereto  w^hich  the 
said  town  now  has  or  is  entitled  to  have,  and  in  and  to  all 
moneys  standing  to  the  credit  of  said  cemetery,  and  all 
other  trust  funds  relating  to  said  cemetery  :  pi'ovided,  that  Proviso. 
a  majority  of  the  legal  voters  of  said  town  present  and 
voting  thereon  shall  vote  so  to  do  at  a  meeting  duly  called 
for  that  purpose.     Said  corporation  shall  hold  the  said 
property,  estate  and  rights  for  the  same  uses  and  purposes 
and  charged  with  the  same  duties  and  liabilities  for  and 
subject  to  which  the  same  are  now  held  by  the  town  of 
AVestborough ;   and  all   rights    which   any  persons   have 
acquired  in  said  cemetery  shall  remain  valid  to  the  same 
extent  as  if  this  act  had  not  been  passed. 

Section  3.  Any  person  who  is  now  or  may  hereafter  Membership. 
})ecome  a  proprietor  of  a  lot,  by  deed  or  otherwise,  in  the 
land  mentioned  in  section  one  of  this  act,  or  in  land  here- 
after acquired  by  said  corporation,  shall  become  a  mem])er 
of  said  corporation  by  a])plying  to  the  trustees  herein- 
after mentioned  and  receiving  a  deed  or  certificate  of  such 
lot  from  said  corporation  ;  and  when  any  person  shall 
cease  to  1x3  a  proprietor  of  a  lot  in  the  lands  of  said  cor- 
poration he  shall  cease  to  be  a  member  thereof. 

Section    4.     Said   corporation    may   acquire    by    gift,  ^iaHSi'''itnd, 
devise  or  purchase,  and  hold  in  fee,  additional  land  to  the  propeny"""' 
extent  of  twenty  acres,  for  the  purpose  of  enlaririnir  said  prints. 

,.  •;.  ^     '    .  1111  I  beqiiests,  etc. 

cemetery  irom  time  to  time,  and  nuiy  hold  so  much  per- 


160  Acts,  1898.  —  CiiAr.  226. 

sonal  property  as  may  be  necessary  for  the  objects  con- 
nected with  and  appropriate  to  the  purposes  of  said 
corporation,  and  the  said  corporation  is  hereby  authorized 
to  take  and  hokl  any  <j:rant,  donation  or  bequest  of  prop- 
erty upon  trust,  to  apply  the  same  or  the  income  thereof 
for  the  improvement  or  embellishment  of  said  cemetery, 
or  for  the  construction,  repair,  preservation  or  renewal 
of  any  monument,  fence  or  other  erection,  or  for  planting 
and  cultivating  trees,  shrubs  or  plants  in  or  around  any 
lot,  or  for  improving  said  premises  in  any  other  manner 
or  form  consistent  with  the  purposes  for  which  said  ceme- 
tery is  established,  according  to  the  terms  of  such  grant, 
donation  or  bequest ;  and  whenever  any  such  grant,  dona- 
tion or  bequest,  or  any  deposit  of  any  money,  shall  be 
made  by  the  proprietor  of  any  lot  in  said  cemetery  for  the 
annual  repair,  preservation  or  embellishment  of  such  lot 
and  the  erections  thereon,  the  said  corporation  may  give 
to  such  proprietor  or  his  representatives  an  agreement  or 
obligation  in  such  form  and  upon  such  terms  and  condi- 
tions as  they  may  establish,  binding  themselves  and  their 
successors  to  preserve  and  keep  in  repair  said  lot  forever, 
or  for  such  period  as  may  be  agreed  upon, 
^emeterVr/tt."^  Section  5.  Said  corporation  may  hy  its  by-laws  pro- 
vide for  such  officers  as  may  be  necessary,  and  may  also 
provide  for  the  care  and  management  of  the  cemetery  and 
for  the  sale  and  conveyance  of  lots  therci'n,  and  for  the 
care  and  management  of  any  funds  which  it  may  hold  for 
the  benefit  and  care  of  said  cemetery,  and  for  any  other 
matters  incident  to  the  proper  management  of  the  cor- 
poration. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  189S. 

Oh(ip.22Q   -^^   ^^'^   RELATIVE   TO    ]5ENNINGTON    STREET  IN  THE  CITY  OV  BOSTON. 

Be  it  enacted,  etc. ,  as  follows : 

^iTn^L^^I^If'*'        Section  1.     The  board  of  street  commissioners  of  the 
order  the  laying  city  of  Bostou  uiav  ordcr  the  lavinir  out  and  construction 

out  and  con-  ''  j        ,»   n  ■'  •"       i'       -i-i  t^  t 

struction  of  as  a  part  of  Bennington  street  in  the  Last  Boston  district 
Btreet"*^'""  of  Said  city,  of  a  highway  including  Bennington  street 
from  its  junction  with  C^helsea  street  in  said  district  to 
its  junction  with  Walley  street,  Walley  street  from  its 
junction  with  Bennington  street  to  its  junction  with 
Ley  den    street,    Leydcu    street   from    its    junction    with 


Acts,  1898.  — Chaps.  227,  228.  161 

"VValley  street  to  its  junction  with  Beachmont  avenue, 
and  Beachmont  avenue  from  its  junction  with  Ley  den 
street  to  Belle  Isle  Inlet. 

Section  2.  Said  highway  shall  be  laid  out,  constructed  ^^^-1,^"^/°" 
and  paid  for,  and  the  assessable  cost  incurred  in  carrying  to  apply. 
out  said  order  shall  be  assessed  under  the  provisions,  so 
far  as  applicable,  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, 
including  chapter  three  hundred  and  nineteen  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-seven. 

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

Approved  March  25,  1S98. 


An  Act  relative  to  the  time  of  appointment  and  assignment 
OF  assistant  assessous  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  assistant  assessors  of  taxes  in  the  city  Assistant 
of  Boston  shall  be  appointed  and  assigned  to  the  various  bo* 
assessment  districts  on  or  before  the  tenth  daj^  of  April 
in  each  year. 

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

Approved  March  25,  1898. 


Ghajy.'m 


sessors in 
stou. 


An  Act  relative  to  the  construction  of  schoolhouses  in  the  rij.„^  ooq 

CITY   OF   BOSTON.  ^  * 

Be  it  enacted,  etc.,  as  folloivs  : 

Section  1.     Section  twenty-four  of  chapter  four  hun-  1892. 4i9,  §  24. 
dred  and  nineteen  of  the  acts  of  the  year  eighteen  hun-  ^tc,  amended. 
dred  and  ninety-two,  as    amended    by  section    three    of 
chapter  four  hundred  and  thirteen  of  the  acts  of  the  year 
eighteen    hundred  and  ninety-seven,  is   hereby  amended 
by  striking  out  in  the  fifth  line,  the  words  "  or  school- 
house  ",  and  adding  at  the  end  of  said  section  the  w^ords  : 
—  Every  permanent  building  hereafter  erected  as  a  school- 
house  within  the  building  limits  shall  be  a  first  class  build- 
ing,—  so  as  to  read  as   follows:  —  /Section  24.     Every  First  class 
building  hereafter  erected  over  seventy  feet  in  height  shall  buildings. 
be  a  first  class  building,  and  this  provision  shall  apply  to 
all  buildings  hereafter  increased  in  height  to  over  seventy 
feet.     P^very  building    hereafter  erected  or   enlarged,  or 
converted  to  use  as  a  hotel,  shall  be  a  first  class  buildinsf, 


162  Acts,  1898.  — Chaps.  229,  230,  231. 

and  every  tenement  or  lodffino;  house  hereafter  erected 
shall  be  a  first  class  building.  Every  permanent  building 
hereafter  erected  as  a  schoolhouse  within  the  building 
limits  shall  be  a  first  class  building. 

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

Approved  March  25,  1898. 


Chtt7).2i2Q  ^^   ^^'^  ^^   CHANGE   THE   NAME  OF  THE  HAVERHILL  CITV  HOSPITAL. 

Be  it  enacted,  etc.,  as  follows  : 
Name  changed.       Section  1.     Thc  uamc  of  the  Haverhill  City  Hospital, 
established  by  chapter  seventy-seven  of  the  acts  of  the 
year  eighteen  hundred  and  eighty,  is  hereby  changed  to 
The  Hale  Hospital. 

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

Approved  March  25, 1898. 

ChaT>-2i30  ^^    ■^^'^    RELATIVE    TO    THE    RELIEF    OF    DESTITUTE    SHIPWRECKED 

SEAMEN. 

Be  it  enacted,  etc.,  as  follows: 

uite'e^hip.'^*''''''        Section  1.     A  city  or  town  may  furnish  transportation 
wrecked  to  dcstitutc  shipwrccked  seamen  from  one  place  to  another 

Bearoen  by  •i-/--(  ii  i  11  •  1 

cities  and  m  this  Commonwcalth,  and  such  other  assistance  as  the 

authorities  of  such  city  or  town  deem  necessary,  not  ex- 
ceeding the  amount  of  ten  dollars  for  each  person,  while 
awaiting  such  transportation.  A  detailed  statement  of 
expenses  so  incurred  shall  be  rendered,  and,  after  ap- 
proval by  the  state  board  of  lunacy  and  charity,  such 
expenses  shall  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  appropriation  for  the  temporary  sup- 
port of  state  paupers,  without  reference  to  such  seamen's 
legal  settlement. 

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

Approved  March  25,  1898. 

C'^fl7?.231    ^^^    ^^"^    '^^^   AUTHORIZE   THE   TOWN   OF   STONEHAM    TO    TAKE    LAND 

FOR  A   PUBLIC   PARK. 

Be  it  enacted,  etc.,  as  folloios : 
Town  of  stone-       Section  1.     The  towH   of  Stoueham  is  hereby  author- 

ham  may  take  i  i         i  i  •  •  /•     tut-ii- 

William  Street   ized  to   take  the  land    at  the  junction  oi    William   and 

Tp^ibHc^park,     Pomworth  streets  in  said  town,  used  as  a  burial  ground 

olS.'er'"'  and  known  as  the  William  Street  cemetery,  for  a  public 

park  or  common,  and  may,  subject  to  the  provisions  of 


Acts,  1898.  — CnAr.  232.  163 

section  three  of  this  act,  remove  the  remains  of  the  dead 
and  the  monuments  erected  to  their  memory  in  said  "Wil- 
liam Street  cemetery  to  lots  in  Lindenwood  cemetery  in 
said  town,  and  shall  pay  all  the  costs  and  expenses  inci- 
dent to  the  removal  of  the  remains  and  the  re-erection 
of  said  moimments ;  and  owners  of  lots  in  the  William 
Street  cemetery  shall  be  entitled  to  receive  by  proper 
conveyances  in  exchange  therefor  burial  lots  in  the  Lin- 
denwood cemetery,  and  in  such  exchange  the  relative  size, 
location  and  value  of  lots  so  exchanged,  with  all  improve- 
ments, shall  be  considered. 

Section  2.     Said  town  shall  tix  a  time  for  the  removal  Notice  of  time 

,  •  1  111  Ti  •         fixed  for 

ot  said  remams  and  monuments,  and  shall  publish  notice  icmovaiof 

■  1  ,.  I  1      /»        J I  •  1        •  remains  to  be 

thereoi  once  each  week  tor  three  successive  weeks  in  some  published. 
newspaper  published  in   said  town,  the   last  publication 
thereof  to  be  at  least  seven  days  before  the  time  fixed 
for  said  removal. 

Section  3.     Upon  a  request  in  writing  by  any  relative  Expense  of 
or  friend  of  a  person  whose  remains  are  to  be  removed  to  be  b^ornrby 
said  remains  may  be  interred  and  said  monuments  erected  !.°ri'i '°  '^^^^^^^ 
in  any  other  cemetery,  the  expense  of  a  new  lot  and  of 
the  removal  of  such  remains,  their  re-interment  and  the 
re-erection  of  any  monument  to  their  memory  removed 
from  the  William  Street  cemetery  to  be  borne  by  the  town 
of  Stoneham. 

Section  4.     The  town  of  Stoneham  at  any  legal  town  Town  may 
meeting  called  for  the  purpose  may  raise  and  appropriate  cer^tain  "um.^ 
for  the  purposes  of  this  act  a  sum  not  exceeding  two 
thousand  dollars. 

Section  5.     This  act  shall  take  efiect  upon  its  accept-  when  to  take 
ance  by  a  majority  of  the  legal  voters  of  said  town  present  ^ 
and  voting  thereon  at  a  legal  town  meetino;  called  for  the 

o  o  o 

purpose,  or  at  any  annual  meeting  of  said  town. 

Approved  March  25,  1898. 


Chap.2^'2. 


An  Act  to  establish  the  basis  of  apportionment  for  state 
and  county  taxes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  number  of  polls,  the  amount  of  prop-  Basis  of 
erty,  and  the  proportion  of  every  one  thousand  dollars  of  fo?g[atc°a1Jd" 
state  tax,  including  polls  at  one  tenth  of  a  mill  each,  for  county  taxes. 
each  city  and  town  in  the  several  counties  of  the  Common- 
wealth, as  contained  in  the  following  schedule,  are  hereby 


164 


Acts,  1898.  — Chap.  282. 


established,  and  shall  constitute  a  basis  of  apportionment 
for  state  and  county  taxes  until  another  is  made  and 
enacted  by  the  legislature,  to  wit :  — 


Barnetable 
county. 


PollSj  Proper'ty,  and  Apporfionment  of  State  and   County 
Tax  of  §1,000. 

BARNSTABLE   COUNTY. 


Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Troperty. 

at  one  tenth 
ofa  mill  each. 

Barnstable,      .... 

1,063 

$4,339,361 

fl  49 

Bourne,  . 

609 

2,255,061 

77 

Brewster, 

251 

585,279 

21 

Chatham, 

582 

915,686 

35 

Dennis,    . 

718 

1,336,923 

60 

Eastham, 

159 

320,470 

12 

Falmouth, 

861 

7,632,411 

2  63 

Harwich, 

725 

1,206,376 

46 

Mash  pee, 

87 

193,754 

07 

Orleans,  . 

314 

693,992 

26 

Provincetown, 

1,201 

2,003,457 

76 

Sandwich, 

411 

988,018 

36 

Truro,     . 

220 

342,335 

13 

Wellfleet, 

261 

782,668 

28 

Yarmouth, 

613 

1,826,470 

64 

Total, 

7,875 

$25,422,261 

$8  92 

Berkehire 

county. 


BERKSHIRE   COUNTY. 


Adams, 

2,131 

f4,779,792 

$1  74 

Alford,    . 

71 

191,930 

07 

Becket,    . 

294 

449,167 

17 

Cheshire, 

335 

729,280 

,     27 

Clarksbm-g,     . 

268 

218,812 

10 

Dal  ton,    . 

761 

3,148,150 

1  08 

Egremont, 

236 

447,119 

17 

Florida,  . 

127 

160,838 

06 

Great  Barrington, 

1,533 

3,852,168 

1  39 

Hancock, 

128 

325,509 

12 

Hinsdale, 

410 

680,572 

26 

Lanesborough, 

251 

459,283 

17 

Lee, 

993 

1,829,860 

68 

Lenox,     . 

806 

3,750,004 

1  28 

Monterey, 

120 

229,207 

09 

Mount  Washington, 

30 

79,282 

03 

Acts,  1898.  — Chap.  232. 


165 


BERKSHIRE  COUNTY  —  Concluded. 


Berkshire 

county. 


Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

rolls. 

Troperty. 

at  one  tenth 
ofa  mill  each. 

New  Ashford, 

3G 

$55,210 

$0  02 

New  Marlborough, 

367 

516,379 

20 

North  Adams, 

5,604 

9,092,560 

3  47 

Otis, 

149 

202,629 

08 

Pem, 

80 

115,377 

04 

Pittsfield, 

5,793 

15,712,351 

5  61 

Richmond, 

159 

336,922 

12 

Sandisfield, 

214 

835,878 

13 

Savoy, 
Sheffield, 

150 

156,611 

06 

462 

896,364 

33 

Stockbridge, 

508 

3,657,595 

1  22 

Tyringham,     . 

103 

212,457 

08 

Washington,   . 

103 

204,655 

08 

West  Stockbridge, 

351 

467,886 

18 

Williamstown, 

1,149 

2,830,756 

1  02 

W^indsor, 

138 

179,706 

07 

Total, 

23,860 

$56,294,309 

$20  39 

BRISTOL  COUNTY. 


Bristol  county. 


Acushnet,        .... 

277 

$674,307 

$0  24 

Attleboroiigh, 

2,521 

5,735,417 

2  09 

Berkley, . 

283 

436,526 

17 

Dartmouth,     . 

887 

2,809,749 

99 

Dighton,. 

498 

846,371 

32 

Easton, 

1,314 

5,274,974 

1  82 

Fairhaven, 

1,005 

2,482,177 

89 

Fall  River,       . 

25,987 

72,563,799 

25  82 

Freetown, 

369 

932,797 

33 

Mansfield, 

979 

1,915,408 

71 

New  Bedford, 

15,467 

61,630,957 

21  27 

North  Attleborougl 

1, 

1,731 

4,040,430 

1  47 

Norton,    . 

420 

855,117 

32 

Ravnham, 

384 

876,386 

32 

Rehobotli, 

442 

711,511 

27 

Seekonk, 

347 

921,425 

33 

Somerset, 

526 

1,105,118 

41 

Swanzey, 

473 

996,850 

37 

Taunton, 

7,700 

22,071,419 

7  83 

Westport, 

717 

1,674,789 

61 

Total, 

62,327 

$188,555,527 

$66  58 

166 


Acts,  1898.  — Chap.  232. 


County  of 
Dukes  county. 


COUNTY  OF  DUKES  COUNTY. 


Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at  one  tenth 
ofa  mill  each. 

Chilmark,       .... 

109 

$225,838 

$0  08 

Cottat^e  City,  .... 

277 

1,660,928 

56 

Edgartown,     .... 

353 

746,165 

27 

Gay  Head,      .... 

39 

24,826 

01 

Gosnold, 

41 

225,628 

08 

Tisbury, 

309 

951,748 

34 

West  Tisbury, 

148 
1,276 

411,015 

15 

Total,       .... 

$4,236,148 

$1  49 

Eaeex  county. 


ESSEX  COUNTY. 


Amesbury,      . 

2,720 

$5,417,070 

$2  01 

Andover, 

1,435 

5,424,889 

1  88 

Beverly, . 

3,538 

15,805,894 

5  41 

Boxford, . 

196 

987,148 

34 

Danvers, . 

2,187 

5,195,764 

1  88 

Essex, 

497 

1,129,878 

41 

Georgetown,  . 

609 

1,046,032 

40 

Gloucester, 

6,958 

16,341,497 

5  93 

Groveland, 

675 

987,023 

38 

Hamilton, 

350 

1,937,580 

65 

Haverhill, 

10,432 

26,085,368 

9  39 

Ipswich, . 

1,238 

3,211,226 

1  15 

Lawrence, 

15,295 

37,327,496 

13  47 

Lynn, 

18,908 

52,637,073 

18  73 

Lynnfield, 

236 

660,219 

23 

Manchester,    . 

513 

8,700,715 

2  84 

Marblehead,    . 

2,332 

5,922,249 

2  13 

Merrimac, 

709 

1,322,155 

49 

Methuen, 

1,720 

4,012,682 

1  46 

Middleton, 

230 

538,103 

20 

Nahant,  . 

267 

6,557,070 

2  12 

Newbury, 

415 

1,1.35,082 

40 

Newbury  port. 

3,867 

10,776,450 

3  84 

North  Andover, 

1,171 

3,634,576 

1  28 

Pealx)dy, 

3,173 

8,129,534 

2  92 

Rockport, 

1,238 

2,841,577 

1  03 

Rowley,  . 

390 

694,070 

26 

Salem,     . 

9,860 

30,253,233 

10  67 

Salisbur}', 

390 

658,605 

25 

Saugus,  . 

1,340 

3,398,108 

1  22 

Swampscott,   . 

945 

6,327,670 

2  12 

Topsfield, 

271 

811,390 

29 

Wenham, 

257 

830,887 

29 

West  Newbury, 

473 

919,909 

34 

Total, 

• 

94,835 

$271,658,222 

$96  41 

Acts,  1898.  — Chap.  232. 


167 


FRANKLIN  COUNTY. 


Tax  of  $1,000, 

TOWNS. 

Polls. 

Property. 

at  one  tenth 
ofa  mill  each. 

Ashfield 

283 

8517.658 

$0  19 

Bernardston, 

225 

456,732 

17 

Buckland, 

461 

570,536 

23 

Charleniont, 

296 

356,051 

14 

Colrain,  . 

467 

607,477 

24 

Conway, . 

367 

700,329 

26 

Deerfield, 

575 

1,344,557 

49 

Erving,   . 

284 

421,191 

16 

Gill, 

242 

488,598 

18 

Greenfield, 

2,222 

6,363,015 

2  26 

Hawley, . 

143 

142,648 

06 

Heath,     . 

128 

155,878 

06 

Leverett, 

214 

278,087 

11 

Leyden,  . 

110 

296,470 

11 

Monroe,  . 

109 

142,531 

06 

Montague, 

1,738 

3,841,901 

1  40 

New  Salem, 

217 

275,856 

11 

Northfield, 

516 

1,036,257 

38 

Orange,  . 

1,687 

3,582,904 

1  31 

Rowe, 

181 

192,859 

08 

Shelburne, 

434 

940,793 

34 

Shutesbury, 

110 

163,658 

06 

Sunderland, 

245 

429,555 

16 

Warwick, 

177 

349,475 

13 

Wendell, 

154 

230,936 

09 

Whately, 

251 

471,637 

18 

Total, 

11,836 

$24,357,589 

$8  96 

Franklin 
county. 


HAMPDEN   COUNTY. 


Agawam,         .... 

684 

$1,381,347 

$0  51 

Blandford,       . 

226 

454,747 

17 

Brinifield, 

269 

401,443 

16 

Cliester,  . 

443 

654,810 

25 

(Jhicopee, 

4,644 

9,724,947 

3  58 

East  Longmcudow, 

546 

619,285 

25 

(iranville, 

260 

360,604 

14 

Hampden, 

202 

392,257 

15 

Holland,. 

44 

85,074 

03 

Holyoke, 

11,160 

34,603,251 

12  19 

Longmeadow, 

198 

814,825 

28 

Ludlow,  . 

663 

1,287,998 

48 

Monson,  . 

1,041 

1,950,962 

73 

Montgonierv,  . 

75 

1.37,928 

05 

Palmer,  . 

1,842 

2,792,537 

1  08 

Hampden 
county. 


168 


Acts,  1898.  — Chap.  232. 


Hampden 
county. 


HAMPDEN   COUNTY  —  Concldded. 


Tax  of  $1,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at  one  tenth 
ofa  mill  each. 

Russell, 

168 

$479,059 

$0    17 

Southwick, 

276 

525,079 

20 

Springfield,     . 

16,824 

71,948,389 

24  71 

Tolland,  . 

85 

136,811 

05 

Wales,     .         .    . 

236 

268,284 

11 

Westfield, 

2,983 

8,646,062 

3  06 

West  Springfield, 

1,717 

4,981,024 

1  77 

Wilbraham,    . 

397 

820,597 

30 

Total, 

44,983 

$143,470,326 

$50  42 

Hampshire 

county. 


HAMPSHIRE   COUNTY. 


Amherst,         .... 

1,126 

$3,313,677 

$1  17 

Belchertown, 

531 

904,870 

34 

Cliesterfield. 

171 

281,395 

11 

Cunimington, 

197 

280,318 

11 

Easthanipton, 

1,195 

2,959,002 

1  07 

Enfield,  . 

291 

842,035 

30 

Goshen,  . 

81 

135,241 

05 

Gran  by,  . 

236 

467,223 

17 

Greenwich, 

150 

257,488 

10 

Hadley,  . 

540 

990,975 

37 

Hatfield, . 

455 

1,061,993 

39 

Huntington, 

313 

507,392 

19 

Middlefield, 

111 

235,860 

09 

Northamj)ton, 

4,160 

12,226,341 

4  33 

Pel  ham,  . 

125 

178,279 

07 

Plainfield, 

125 

164,270 

06 

Prescott, . 

.^ 

126 

162,741 

06 

South  Hadley, 

1,090 

2,418,194 

88 

Southampton,. 

260 

487,123 

18 

Ware, 

1,828 

4,485,573 

1  62 

Westhampton, 

125 

234,512 

09 

Williamsburg, 

502 

892,274 

34 

Worthington, . 

198 

310,882 

12 

Total, 

13,936 

$33,797,658 

$12  21 

Middlesex 
county. 


MIDDLESEX   COUNTY. 


Acton,      ..... 

650 

$1,598,713 

fO  58 

Arlington,       .... 

2,138 

8,976,266 

3  09 

Ashby, 

269 

499,787 

19 

Ashland, ..... 

531 

1,186,428 

43 

Ayer, 

627 

1,404,364 

51 

Bedford 

333 

1,065,185 

37 

Acts,  1898.  — Chap.  232. 


169 


MIDDLESP:X  county  —  concluded. 


MiddleBez 
county. 


Tax  of  $1,000, 

includ'g  P0II3 

TOWNS. 

I'oIIs. 

.Property. 

at  one  teiitli 
ofamilleaoli. 

Belmont,         .... 

883 

$4,815,982 

$1  63 

Billerica, 

658 

2,245,819 

78 

Boxborough, 

91 

230,031 

08 

Burlington, 

181 

505,129 

18 

Cambridge, 

24,407 

92,791,563 

32  13 

Carlisle,  . 

149 

341,940 

12 

Chelmsford, 

1,031 

2,390,499 

87 

Concord, 

1,246 

4,570,808 

1  69 

Dracut,    . 

691 

2,037,333 

72 

Dunstable, 

^ 

129 

309,580 

11 

Everett,  . 

5,974 

15,065,406 

5  42 

Framingham, 

. 

2,787 

9,801,863 

3  42 

Groton,    . 

527 

3,135,694 

1  06 

Holliston, 

857 

1,630,079 

61 

Hopkinton, 

843 

1,916,689 

70 

Hudson,  . 

1,633 

3,194,578 

1  19 

Lexington, 

1,071 

5,063,424 

1  73 

Lincoln,  . 

312 

2,039,607 

68 

Littleton, 

360 

920,769 

33 

Lowell,   . 

24,571 

75,080,698 

26  48 

Maiden,  . 

9,124 

29,849,388 

10  46 

Marlborough, 

4,173 

9,311,129 

3  40 

Maynard, 

955 

2,204,751 

80 

Medford, 

4,706 

19,391,980 

6  68 

Melrose. . 

3,673 

12,693,425 

4  43 

Natick,    . 

2,841 

6,049,652 

2  22 

Newton,  . 

i      9,363 

59,103,233 

19  86 

North  Readinn 

'■, 

255 

518,612 

19 

Pepperell, 

1,022 

2,185,270 

80 

Reading, . 

1,405 

4,307,987 

1  52 

Sherborn, 

286 

809,283 

29 

Shirley,   . 

380 

784,070 

29 

8omerville, 

15,808 

51,475,670 

18  05 

Stone  ham. 

1,972 

4,945,050 

1  78 

Stow, 

304 

698,497 

25 

Sudbury, 

368 

1,211,110 

42 

Tewksbury, 

572 

1,658,424 

59 

Townsend, 

514 

1,175,310 

43 

Tyngsborougli 

, 

198 

419,894 

15 

Wakefield, 

2,498 

7,479,667 

2  64 

Waltham, 

5,971 

19,627,274 

6  88 

Watortown, 

2,398 

10,282,882 

3  53 

Way  land, 

599 

1,686,851 

60 

Westford, 

682 

1,456,856 

53 

Weston,  . 

520 

4,343,414 

1  44 

Wilmington, 

423 

1,029,997 

37 

Winchester, 

1,762 

7,968,162 

2  73 

Woburn,. 

4,089 

10,582,137 

3  80 

Total, 

149,800 

$516,068,209 

$180  12 

170 


Acts,  1898.— Chap.  232. 


Nantucket 
county. 


NANTUCKET  COUNTY. 


TOWNS. 

Polls. 

Property. 

Tax  of  $1,000, 
incluil'g  Polls 
at  one  tenth 
ofa  mill  each. 

Nantucket,      .... 

892 

$3,363,420 

«1  17 

Total,       .... 

892 

$3,363,420 

fl  17 

Norfolk  county. 


NORFOLK  COUNTY. 


Avon, 

484 

$816,451 

$0  31 

Bellingham, 

393 

740,708 

28 

Braintree, 

1,532 

4,962,885 

1  74 

Brookline, 

4,774 

74,251,728 

24  24 

Canton,   . 

1,288 

4,662,237 

1  62 

Cohasset, 

635 

6,267,226 

2  07 

Dedham,. 

1,843 

8,717,015 

2  97 

Dover,     . 

183 

1,111,197 

37 

Foxborough, 

886 

1,988,351 

72 

Franklin, 

1,233 

3,205,729 

1  15 

Holbrook, 

680 

1,398,588 

52 

Hyde  Park, 

3,075 

9,729,118 

3  42 

Medfield, 

640 

1,485,960 

53 

Med  way. 

756 

1,431,065 

53 

Millis,     . 

242 

743,100 

26 

Milton,    . 

1,604 

22,192,943 

7  26 

Needham, 

1,126 

3,352,763 

1  19 

Norfolk, . 

244 

524,521 

19 

Norwood, 

1,422 

3,817,386 

1  36 

Quincy,   . 

6,031 

18,945,036 

6  67 

Randolph, 

1,195 

2,247,571 

84 

Sharon,    . 

465 

1,945,091 

67 

Stoughton, 

1,474 

3,110,123 

1  14 

Walpole, 

916 

2,422,812 

87 

Wellesley, 

956 

8,225,469 

2  73 

Westwood, 

271 

1,088,589 

38 

Weymouth, 

3,356 

7,119,022 

2  61 

Wrentham, 

715 

1,520,456 

56 

Total, 

38,319 

$198,023,140 

$67  20 

Plymouth 
county. 


Abington, 

Bridgewater, 

Brockton, 


PLYMOUTH  COUNTY. 


1,276 

1,138 

10,688 


$2,396,979 

2,575,071 

26,349,813 


Acts,  1898.  — Chap.  232. 


171 


PLYMOUTH 

COUNTY - 

—  Concluded. 

Tax  of  $1,000, 

TOWNS. 

Polls. 

Property. 

incUiil  (J  Polls 
at  one  tenth 
ofa  mill  each. 

Carver, 

251 

$915,673 

$0  32 

Duxbury, 

568 

1,686,608 

60 

East  Bridgewater,  . 

863 

1,567,928 

59 

Halifax,  . 

146 

273,206 

10 

Hanover, 

012 

1,453,823 

53 

Hanson,  . 

390 

688,110 

26 

Hinghani, 
Hull,        . 

1,240 

4,751,429 

1  64 

329 

3,766,018 

1  24 

Kingston, 

516 

1,723,561 

60 

Lakeville, 

262 

548,244 

20 

Marion,  . 

248 

1,062,5.38 

36 

Marshfield, 

510 

1,464,422 

52 

Mattapoisett,  . 

272 

1,741,909 

58 

Middleborougli, 

1,921 

4,197,688 

1  54 

Norwell, 

474 

1,025,816 

38 

Pembroke, 

368 

646,658 

24 

Plymouth, 

2,440 

7,458,074 

2  63 

Plympton, 

160 

323,566 

12 

Rochester, 

253 

520,274 

19 

Rockland, 

1,660 

3,085,708 

1  15 

Scituate, . 

657 

2,500,847 

87 

Wareham, 

754 

2,346,429 

83 

West  Bridgewater, 

427 

1,046,602 

38 

Whitman, 

1,857 

3,738,588 

1  38 

Total, 

30,280 

$79,855,582 

$28  58 

Plymouth 
county. 


Boston,  . 
Chelsea,  . 
Revere,  . 
Winthrop, 

Total. 


SUFFOLK   COUNTY. 


$1,069,723,585 

23,673,450 

9,494,957 

6,142,687 


$1,109,034,679 


Suffolk  county. 


$357  78 
8  51 
3  29 
2  09 


1371  67 


WORCESTER   COUNTY. 


Ashburnhara, 
At  hoi,      . 
Auburn,  . 
Barre, 


$1,047,597 

4,114,592 

569,116 

1,526,714 


Worcester 
county. 


aO  38 

1  53 

22 

55 


172 


Acts,  1898.  — Chap.  232. 


Worcester 
county. 


WORCESTER  COUNTY  —  Continued. 


Tax  of  $1,000, 

incluil'g  Polls 

TOWNS. 

Polla. 

Property. 

at  one  tenth 
ofa  mill  each. 

Berlin, 

276 

$490,128 

$0  18 

Blackstone, 

1,395 

2,649,680 

99 

Bolton,     . 

232 

478,130 

18 

Boylston, 

212 

545,613 

20 

Brookfield, 

922 

1,465,059 

56 

Charlton, 

582 

941,488 

36 

Clinton,  . 

3,336 

7,246,372 

2  65 

Dana, 

210 

312,381 

12 

Douglas, 

543 

1,071,691 

40 

Dudley,  . 

721 

1,063,674 

41 

Fitchburg, 

8,373 

23,440,098 

8  34 

Gardner, 

2,993 

5,110,238 

1  93 

Grafton,  . 

1,240 

2,509,446 

93 

Hardwick, 

700 

1,612,390 

59 

Harvard, 

330 

1,054,954 

37 

Hoi  den,  . 

659 

1,190,605 

45 

Hopedale, 

514 

3,929,418 

1  31 

Hubbardston, 

373 

662,884 

25 

Lancaster, 

574 

3,327,930 

1  12 

Leicester, 

914 

2,567,288 

91 

Leominster, 

2,993 

6,785,001 

2  47 

Lunenburg, 

350 

778,685 

28 

Mendon, . 

264 

567,785 

21 

Milford,  . 

3,125 

5,610,982 

2  11 

Millbury, 

1,225 

2,300,648 

86 

New  Braintree, 

179 

424,848 

15 

North  Brookfield, 

1,349 

2,025,487 

78 

Northborough, 

556 

1,336,679 

48 

Northbridge,  . 

1,745 

4,143,509 

1  50 

Oakham, 

199 

309,397 

12 

Oxford,   . 

747 

1,377,468 

52 

Paxton,   . 

141 

286,755 

11 

Petersham, 

258 

658,662 

24 

Phillipston, 

136 

271,968 

10 

Princeton, 

309 

904,778 

32 

Royalston, 

245 

561,904 

20 

Rutland, . 

297 

556,109 

21 

Shrewsbury, 

423 

1,098,513 

39 

Soiithborough 

532 

1,882,308 

66 

Southbridge, 

1,467 

4,508,568 

1  59 

Spencer, , 

1,893 

4,248,675 

1  55 

Sterling, . 

401 

883,924 

32 

Sturbridge, 

447 

925,961 

34 

Sutton,    . 

725 

1,290,833 

49 

Teniplcton, 

974 

1,380,796 

54 

Upton,     . 

578 

1,068,710 

40 

Ux  bridge. 

1,099 

2,314,301 

85 

Warren, . 

1,034 

2,561,622 

92 

Acts,  1898.  — Chap.  233. 


173 


WORCESTER  COUNTY  — Concluded. 


Tax  of  $1,000, 

TOWNS. 

Polls. 

Property. 

at  one  tenth 
ofa  mill  each. 

Webstei",          .... 

1,968 

$4,027,535 

$1   49 

West  Boylston, 

780 

1,232,015 

47 

West  Brookfifld,    . 

372 

805,947 

30 

Westboroug^Ii, 

1,600 

2,955,571 

1  11 

Westminster,  .... 

382 

724,598 

27 

Winchendon,  .... 

1,486 

2,441,944 

93 

Worcester,      .... 

30,676 

108,119,569 

37  67 

Total,       .... 

89,654 

$240,299,541 

$85  88 

"Worcester 

county. 


RECAPITULATION. 


Recapitulation. 


Barnstable,      .... 

7,875 

$25,422,261 

$8  92 

Berkshire, 

23,860 

56,294,309 

20  39 

Bristol,    . 

62,327 

188,555,527 

66  58 

Dnkes  County, 

1,276 

4,236,148 

1  49 

Essex, 

94,835 

271,658,222 

96  41 

Franklin, 

11,836 

24,357,589 

8  96 

Hampden, 

44,983 

143,470,326 

50  42 

Hampshire,     . 

13,936 

33,797,668 

12  21 

Middlesex, 

149,800 

516,068,209 

180  12 

Nantucket, 
Norfolk, . 

892 
38,319 

3,363,420 
198,023,140 

1  17 
67  20 

Plymouth, 

30,280 

79,855,582 

28  58 

Suffolk,   . 

167,786 

1,109,034,679 

371  67 

Worcester, 

89,654 

240,299,541 

85  88 

Total, 

737,659 

$2,894,436,611 

$1,000  00 

Chap.2^^ 


Sectiox  2.     This  act  shall  take  eft'ect  upon  its  passa2:e. 

Approved  March  25, 189S. 

An  Act  to  authorize  the  uoston  co-operative  building  com 
panv  to  hold  additional  real  and  personal  estate. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The  Boston  Co-operative  Building  Com- May  hoia  adcii- 
pany  is  herel)y  authorized  to  hold  for  the  purposes  of  perTonai'estet^e. 
its  incorporation  real  and  personal  estate  to  the  amount 
of  five  hundred  thousand  dollars. 

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

Approved  March  25^  1898. 


174  Acts,  1898.  — Chaps.  234,  235,  236. 


(7Aaj0.234  -^^  ^^'^  '^^  provide  for  the   appointment  of   an   assistant 

REGISTER     OF    PROBATE    AND    INSOLVENCY    FOR    THE    COUNTY    OP 
HAMPDEN. 

Be  it  enacted,  etc.,  as  follows: 

Assistant  Section  1 .     The  judge  of  probate  and  insolvency  for 

appointed.  the  countj  of  Hampden  may  appoint  an  assistant  register 
of  probate  and  insolvency  for  said  county,  who  may  be 
a  woman,  who  shall  be  subject  to  the  provisions  of  law 
applicable  to  assistant  registers  of  probate  and  insol- 
vency and  who  shall  receive  an  annual  salary  of  one 
thousand  dollars. 

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

Approved  March  23,  1898. 

ChctV.^S^  -^^   ^'^^   ^^   EQUALIZE   THE   SALARIES    OF    THE    ASSISTANT    DISTRICT 
ATTORNEYS   FOR   THE   SUFFOLK   DISTRICT. 

Be  it  enacted,  etc. ,  as  follows  : 
Second  assistant      SECTION  1.    The  Salary  of  the  second  assistant  district 

district  attorney  i         r^      rr    l^       t  •  iiii  i  i 

forSiiffoiii        attorney  tor  the  buiioli^  district  shall  be  the  riame  as  that 

received  by  the  first  assistant  district  attorney  for  said 

district,  and  shall  be  so  allowed  from  the  first  day  of 

January  in  the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  March  23,  1898. 

Chajy.^^Q  An  Act  to  authorize  the  city  of  boston  to  complete  blue 

HILL   AVENUE   AND   OTHER   AVENUES   IN   SAID   CITY. 

Be  it  enacted,  etc. ,  as  folloivs : 
1895, 334,  §1,  Section  1.     Section  one  of  chapter  three  hundred  and 

thirty-four  of  the  acts  or  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  striking  out  the  words 
"two  million  five  hundred  thousand  dollars",  in  the 
eleventh  line,  and  inserting  in  place  thereof  the  words  :  — 
three  million  two  hundred  and  fifty  thousand  dollars, 
—  also  by  adding  at  the  end  of  said  section  the  words  :  — 
The  proceeds  of  said  bonds  may  be  applied  as  herein- 
after provided,  and  also  to  meet  the  expense  incurred 
in  extending  or  constructino;  anv  of  said  avenues  under 
any  of  the  acts  aforesaid,  or  by  any  other  authority ;  and 
so  much  as  may  be  necessary  of  two  hundred  and  fifty 
thousand  dollars  of  the  proceeds  of  the  said  bonds  shall 


amended. 


Acts,  1898.  — Chaps.  237,  238.  175 

be  used  in  completing  Commonwealth  avenue  prior  to 
the  year  nineteen  hundred,  —  so  as  to  read  as  follows: 
—  Section  1.     The  city  treasurer  of  the  city  of  Boston,  To  lasue  bonds 

,  .1  .  1    •       1        •  i  J  j_     for  construction 

to  pay  the  expenses  mcurred  in  laying  out  or  construct-  of  certain 
ing  Blue  Hill  avenue,  Columbus  avenue,  Commonwealth '*^^'^"***' ^''^' 
avenue  and  Huntington  avenue,  in  said  city,  heretofore 
laid  out  by  the  board  of  street  commissioners  of  said  city 
under  the  authority  of  chapter  three  hundred  and  twenty- 
three  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one  and  acts  in  amendment  thereof  and  in  addition  thereto, 
or  under  other  special  acts,  shall  from  time  to  time  issue 
and  sell  negotiable  bonds  of  said  city  to  an  amount  not 
exceeding  three  million  two  hundred  and  fifty  thousand 
dollars.  The  proceeds  of  said  bonds  may  be  applied  as 
hereinafter  provided,  and  also  to  meet  the  expense  in- 
curred in  extending  or  constructing  any  of  said  avenues 
under  any  of  the  acts  aforesaid,  or  by  any  other  authority  ; 
and  so  much  as  may  be  necessary  of  two  hundred  and 
fifty  thousand  dollars  of  the  proceeds  of  the  said  bonds 
shall  be  used  in  completing  Commonwealth  avenue  prior 
to  the  year  nineteen  hundred. 

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

Approved  March  29,  1898. 

An  Act  relative  to  the  appointment  of  park  commissioners  r«}ffy^  OQ7 

FOR  THE   CITr   OF  NEW   BEDFORD.  -^ 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  board  of  park  commissioners  of  the  Appointment  of 
city  of  New  Bedford  shall  hereafter  be  appointed  under  Bk)n'^er°"f™ity 
the  provisions  of  the  general  laws  of  the  Commonwealth.  Bedford. 

Section  2.  So  much  of  section  three  of  chapter  one  Repeal, 
hundred  and  sixty-seven  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-nine,  and  of  acts  in  amendment 
thereof  and  in  addition  thereto,  as  confers  upon  the  board 
of  public  works  of  the  city  of  New  Bedford  any  right, 
power  or  duty  in  relation  to  public  parks,  commons  and 
public  squares  in  said  city,  is  hereby  repealed. 

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

Approved  March  29,  1898. 

An  Act  relative  to  clerical  assistance  for  clerks  of  courts.  QJiajy.^^S 
Be  it  enacted,  etc.,  as  folloios : 

Section  1.     Section  thirty-three  of  chapter  one  hun-  i>.  s.iso,  §33, 
dred    and    fifty-nine    of  the   Public    Statutes    is   hereby  "^"^  ®  ' 


176  Acts,  1898.  — Chaps.  239,  24:0. 

amended  by  adding  at  the  end  thereof  the  words  :  — 
who  may  be  assistants  appointed  by  the  clerks  under  the 
provisions  of  section  nine  of  this  chapter,  —  so  as  to 
Clerical  assiet-  rcad  as  foUows  .*  —  Section  33.  Clerks  shall  be  allowed 
ofcouns?'^'^^  for  extra  clerical  assistance,  upon  their  certificates  that 
the  work  was  actually  performed  and  was  necessary, 
with  the  time  occupied  and  the  names  of  the  persons  by 
whom  the  work  was  performed,  such  sums  as  the  county 
commissioners  by  a  writing  signed  by  them,  or  in  Sufiblk 
county  the  board  of  aldermen  by  vote,  approve.  Said 
sums  shall  be  paid  from  the  county  treasury  monthly  to 
the  person  or  persons  employed,  who  may  be  assistants 
appointed  by  the  clerks  under  the  provisions  of  section 
nine  of  this  chapter. 

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

Approved  March  29^  1898. 

CllCllJ  239  -^^  ■^'^^  MAKING  APPROPRIATIONS  FOR  THE  COMPENSATION  AND 
EXPENSES  OF  THE  COMMISSIONERS  ON  INLAND  FISHERIES  AND 
GAME. 

Be  it  enacted^  etc.,  as  follows : 

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

For  compensation  and  expenses  of  the  commissioners 

fisheries  and  q^  inland  tishcrics  and  game,  a  sum  not  exceeding  thirty- 
five  hundred  dollars. 

Propagation  Yov  thc  enforcement  of  laws,  propagation  and  distribu- 

and  distribution      .  n        ■,  •  '^'^G,. 

of  fish,  etc.  tion  offish,  running  expenses,  rent  and  maintenance  of 
hatcheries,  incidentals,  printing  and  contingent  expenses, 
and  the  propagation  and  protection  of  birds  and  animals, 
a  sum  not  exceeding  sevent^^-five  hundred  dollars. 
^^ndl'"^ ^'^''"  ^°^  expenses  of  stocking  great  ponds  with  food  fish,  a 
sum  not  exceeding  five  hundred  dollars. 

Section  2.     This  act  shall  take  effect  ui)on  its  passage. 

Approved  March  29,  1898. 


CommisBioners 
on  inland 


An  Act  relative  to  sentences  to  the  state  prison. 
Be  it  enacted,  etc.,  asj'olloivs: 
is9o,  504  §  2,  Section  1 .     Section  two  of  chapter  five  hundred  and 

amended.  -  •iiiii- 

four  of  the  acts  of  tlie  year  eighteen  liundred  and  ninety- 


Chap.2i0 


Acts,  1898.  — Chap.  241.  177 

five  is  hereby  amended  by  striking  out  the  words  "the 
governor  and  council",  in  the  ninth  and  tenth  lines,  and 
inserting  in  place  thereof  the  words  :  —  a  majority  of  the 
members  of  the  board  of  commissioners  of  prisons,  —  so 
as  to  read  as  follows:  —  Section  2.  At  any  time  after  Permit  to  be  at 
the  expiration  of  the  minimum  term  for  which  a  convict  issuet^^onvicts 
may  be  held  in  the  said  prison  under  a  sentence  imposed  *"  certain  cases. 
as  aforesaid,  the  commissioners  of  prisons  may  issue  to 
him  a  permit  to  be  at  liberty  therefrom,  upon  such  terms 
and  conditions  as  they  shall  deem  best,  and  they  may 
revoke  said  permit  at  any  time  previous  to  the  expiration 
of  the  maximum  term  for  which  he  may  be  held  under 
said  sentence.  No  such  permit  shall  l)e  issued  without 
the  approval  of  a  majority  of  the  members  of  the  board 
of  commissioners  of  prisons,  nor  unless  said  commis- 
sioners shall  be  of  the  opinion  that  the  person  to  whom 
it  is  issued  will  lead  an  orderly  life  if  set  at  liberty.  The 
violation  by  the  holder  of  a  permit  issued  as  aforesaid  of 
any  of  the  terms  or  conditions  thereof,  or  the  violation 
of  any  law  of  this  Commonwealth,  shall  of  itself  make 
void  such  permit. 

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

Approved  March  29,  1898. 


ChapMl 


An  Act  to  extend  the  powers  of  the  onset  water  company. 
Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The   Onset   Water   Company   is   hereby  May  increase 
authorized   to    increase   its    capital  stock  to  an  amount  rs^'ue^dcHtionai 
which,  together  with  the  amount  heretofore  authorized,  ^<''>*^«> e'°- 
shall  not  exceed  in  the  aggregate  fifty  thousand  dollars, 
and  to  issue  additional  bonds  to  an  amount  not  exceeding 
said    capital  stock   actually  paid  in,  and  to  secure  said 
l)onds  by  a  mortgage  of  its  franchise  and  property  :  pro-  Proviso. 
vided,  however,  that  such  increase  of  capital  stock  and 
issue  of  bonds  shall  be  subject  to  the  provisions  of  chap- 
ter four  hundred  and  seventy-two  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four  and  all  acts  in  amend- 
ment thereof  and  in  addition  thereto. 

Section  2.     Said  corporation  is  hereby  authorized  to  May  lay  pipes 

1  ,...  .  Ill  1^         c  xi-        J.  and  distribute 

lay  and  mamtain  pipes  in  any  and  all  parts  oi  the  town  water  in 


of  Wareham,  in  addition  to  that  portion  of  said  town 
descril>ed  in  the  act  of  incorporation  of  said  company, 
and  is  authorized  to  supply  and  distribute  water  to  the 
inhabitants  of  said  town  for  the  extinguishment  of  fires 


Wareham. 


178  Acts,  1898.  — Chap.  242. 

and  for  domestic  and  other  purposes,  in  the  same  manner 
and  with  the  same  rights  and  subject  to  the  same  liabili- 
ties as  if  the  authority  to  make  such  extension  of  pipes 
and  to  supply  water  to  such  additional  territory  had  been 
included  in  the  grant  contained  in  its  charter. 
uomii'reui'''^'"'  Section  3.  Said  corporation,  for  the  purposes  set 
estate.  forth  iu  its  charter  as  amended  by  this  act,  may  hold  real 

estate  to  an  amount  whicli,   together  with  the  amount 
heretofore  authorized,  shall  not  exceed  in  the  aggregate 
fifteen  thousand  dollars  in  value. 
To  become  void      Section  4.     This  act  shall  take  effect  upon  its  passage, 

under  certain        i  i      n     i  .  •  '^  ^ 

conditions.  but  shall  becomc  null  and  void  unless  said  corporation 
shall  lay  within  two  years  not  less  than  two  and  one  half 
miles  of  pipe,  of  a  diameter  of  not  less  than  eight  inches, 
in  that  part  of  the  town  of  Wareham  not  described  in  the 
act  of  incorporation  of  said  Onset  Water  Company. 

Ajjproved  March  29,  1898. 

Chan.2i4^  An  Act  to  change  a   paut  of  the   boundary  line  between 

THE  CITIES   OF   BOSTON   AND   NEWTON. 

Be  it  enacted,  etc.,  as  follozvs : 

beTe'lnBosTon  Section  1.  The  bouudary  line  between  the  city  of 
and  Newton  BostoH  and  the  city  of  Newton,  between  a  point  at  the 
intersection  of  the  present  boundary  line  and  the  northerly 
side  of  Commonwealth  avenue  and  a  point  forming  the 
boundary  line  of  said  cities  about  thirty  feet  north  of  the 
reservoir  driveway,  is  changed  so  that  the  part  of  said 
boundary  line  between  said  points  shall  be  as  follows  :  — 
Beginning  at  said  point  of  intersection  at  a  stone  boun- 
dary monument  marked  B.  and  N.  standing  in  tjie  north- 
erly line  of  Commonwealth  avenue,  thence  turning  and 
running  southerly,  two  hundred  and  ninety-eight  and 
seventy-nine  one  hundredths  feet  to  a  stone  monument 
marked  B.  and  N.  standing  near  and  north  of  the  Chestnut 
Hill  driveway,  at  a  corner  in  said  boundary  line  ;  thence 
turning  and  running  southwesterly  by  the  division  line 
between  land  of  the  said  city  of  Boston  and  land  now  or 
late  of  the  heirs  of  Daniel  H.  Knowles,  four  hundred  and 
eighty-two  and  seventy-three  one  hundredths  feet  to  a 
stone  monument  marked  B.  and  N.  standing  in  a  cross 
wall  of  said  Chestnut  Hill  driveway,  said  wall  being  on 
the  division  line  between  land  now  or  late  of  said  heirs 
of  Daniel  H.  Knowles  and  land  now  or  formerly  belong- 


Acts,  1898.  — Chaps.  243,  244.  179 

ing  to  Amos  A.  Lawrence.  Said  new  boundary  line  is 
shown  by  a  red  line  upon  a  plan  marked  "  Plan  showing 
a  proposed  change  in  the  boundary  line  between  Boston 
and  Newton,  Massachusetts,  William  Jackson,  city  en- 
gineer of  Boston,  January  31,  18{)8",  on  file  in  the  office 
of  the  secretary  of  the  (Commonwealth. 

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

Ajjproved  March  29,  1898. 

An  Act  to  change  a  part  of  the  boundary  line  between  nhrfn  24^ 

THE   CITIES    OF   BOSTON   AND   CAMBRIDGE.  "' 

Be  it  enacted,  etc.,  as  follows: 

The  boundary  line  between  the  city  of  Boston  and  the  Boundary  une 
city  of  Cambridge  is  hereby  changed  so  that  a  part  of  andxlm^rwg^e" 
8aid  boundary  line  shall  be  as  follows  :  — Beginning  at  a  •''^'^nged. 
point  in  the  present  boundary  line  in  Charles  river,  twelve 
hundred  and  thirty  feet  from  the  northwesterly  line  of 
Beacon  street,  measured  at  right  angles  thereto,  and 
about  three  hundred  and  forty  feet  southwest  from  the 
southwesterly  line  of  Harvard  bridge  ;  thence  running 
northeasterly  by  a  line  parallel  with  and  twelve  hundred 
and  thirty  feet  from  the  northwesterly  line  of  Beacon 
street,  about  four  thousand  six  hundred  and  ninety  feet; 
thence  running  northerly  by  a  line  parallel  with  and  one 
thousand  feet  west  from  the  present  harbor  line  south 
of  West  Boston  bridge,  two  thousand  one  hundred  and 
ten  feet ;  thence  running  northerly  by  an  irregular  line, 
about  two  hundred  feet  to  a  point  in  the  present  boundary 
line.  Said  new  boundary  line  is  shown  by  a  red  line 
upon  a  plan  marked  "Plan  showing  a  proposed  change 
in  the  boundary  line  in  Charles  river  between  Boston  and 
Cambridge,  Massachusetts,  William  Jackson,  city  engi- 
neer of  Boston,  January  31,  1898",  on  file  in  the  office 
of  the  secretary  of  the  Commonwealth. 

Approved  March  29,  1898. 

An  Act  relative  to  the  construction  of  a  school  building  n\Qr^  OJ.1 

ON  land   of  the   commonwealth   in  THE   CITY   OF   FITCHBURG.  "' 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.  The  city  of  Fitchburg  may,  with  the  con-  May  construct  a 
sent  of  the  state  board  of  education,  construct  a  school  oniandofthe^ 
building  for  the  use  of  the  public  schools  of  said  city,  on  wealth?"' 


180 


Acts,  1898.  — Chaps.  245,246. 


Certain  terms, 
etc.,  may  be 
imposed. 


May  contract 
for  heating  and 
lighting. 

Proviso. 


Chap 


the  land  belonging  to  the  Commonwealth  connected  with 
the  normal  school  in  said  city. 

Section  2.  In  granting  such  permission  said  ]>oard 
may  impose  such  terms  and  conditions  as  to  the  location, 
occupancy  and  removal  of  such  school  building,  as  in  their 
judgment  the  interests  of  the  Commonwealth  require. 

Section  3.  Said  board  may  contract  with  said  city 
upon  such  terms  as  shall  be  deemed  expedient,  for  the 
heating  and  lighting  of  said  school  building :  provided, 
however,  that  any  agreement  entered  into  shall  be  ap- 
proved by  the  attorney-general,  and  shall  not  in  any 
case  involve  any  expense  to  the  Commonwealth,  either 
for  plant  or  for  service.  Approved  March  29,  1898. 


.245  An  Act  to  authorize  the  boston  pneumatic  transit  company 

TO   lay  its   TUHES   across   fort   point    channel    and    CHARLES 


May  lay  tubes 
across  Fort 
Point  channel 
and  Charles 
River,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Boston  Pneumatic  Transit  Company 
is  hereby  authorized  to  lay  and  maintain  its  tubes  and 
such  structures  and  apparatus  as  may  be  necessary  to 
cover  and  carry  the  same  across  Fort  Point  channel, 
under  and  by  the  side  of  Dover  Street  bridge  in  the 
city  of  Boston,  and  also  across  the  Charles  river,  under 
and  by  the  side  of  Harvard  bridge  and  Warren  bridge 
over  said  river,  subject  to  the  provisions  of  chapter  nine- 
teen of  the  Public  Statutes  and  of  all  acts  in  amendment 
thereof  and  in  addition  thereto. 

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

Approved  March  29,  1898. 


(JJiCin.2'iQ  An  Act  relative  to  disabled  firemen  in  the  city  of  boston. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and 
fifty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-three  is  hereby  amended  l)y  striking  out  the 
Tvhole  of  said  section  and  inserting  in  place  thereof  the 
following  :  —  /Section  1.  The  city  of  Boston  may  expend 
for  the  relief  of  firemen  disabled  in  the  service  of  the 
city  any  sum  not  exceeding  three  thousand  dollars  an- 
nually, in  addition  to  the  sums  which  may  be  paid  for 
pensions. 

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

Approved  March  29,  1898. 


1873,  2r)8,  §  1, 
amended. 


Relief  of  dis. 
abled  firemen. 


Acts,  1898.  — Chap.  247.  181 


An  Act  relative  to  co-operative  banks.  Chnn  94-7 

Be  it  enacted^  etc.,  as  folloxos: 

Section  1.  The  secretary  and  treasurer  of  every  co-  Bonds  of  cCTtam 
operative  bank  shall  tile  with  the  board  of  commissioners  co^,?^^a*tive 
of  savings  banks  an  attested  copy  of  his  bond,  with  a  banks. 
certificate  of  the  custodian  of  the  bond  that  the  original 
is  in  his  possession.  Such  officers  shall  notify  said  board 
of  any  change  thereafter  made  in  their  bonds.  If  any 
such  officer  fails,  within  ten  days  from  the  date  thereof, 
to  file  a  copy  of  his  bond  or  to  notify  the  board  of  any 
change  therein,  as  required  by  this  act,  he  shall  be  liable 
to  a  penalty  of  fifty  dollars.  The  board  shall  keep  a 
record  showing  when  said  bonds  expire,  and  the  changes 
so  notified ;  and,  whenever  in  its  judgment  it  is  necessary 
for  the  security  of  the  shareholders,  shall  require  a  new 
bond  in  such  amount  and  with  such  sureties  as  said  board 
may  approve.  The  secretary  and  treasurer  of  every  such 
corporation  shall  give  a  new  bond  as  often  as  once  in  five 
years. 

Section  2.     Section  nineteen  of  chapter  one  hundred  f^f^J^j'^^^' 
and  seventeen  of  the  Public  Statutes  is  hereby  amended 
by  striking  out  the  whole  of  said  section  and  inserting  in 
place  thereof  the  following  :  —  Section    19.     Any  such  corporation 
corporation  may  purchase  at  any  sale,  public  or  private,  ™rfd  sein-eaf^ 
any  real  estate  upon  which  it  may  have  a  mortgage,  judg-  ^***'®* 
ment,  lien    or    other   incumbrance,  or  in  which  it  may 
have  an  interest,  and  may  sell,  convey  or  lease  the  real 
estate  so  purchased,  and,  on  the  sale  thereof,  may  take 
a  mortgage  in  common  form  thereon  to  secure  the  pay- 
ment of  the  whole  or  part  of  the  purchase  money.     All 
real  estate  so  acquired  shall   be    sold  within  five  years 
from  the  acquisition  of  the  title  thereto  :  pi'ovided,  liow-  Proviso. 
ever,  that  the  board  of  commissioners  of  savings  banks 
may,  upon  the  petition  of  the  security  committee  of  any 
such    corporation  and   for  good  cause  shown,  grant  an 
additional  time  for  the  sale  of  the  same. 

Section  3.  Section  nine  of  chapter  one  hundred  and  ftc^amended. 
seventeen  of  the  Public  Statutes,  as  amended  by  section 
one  of  chapter  two  hundred  and  fifty-one  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-two,  and  by  section 
five  of  chapter  two  hundred  and  sixteen  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-seven,  is  hereby 
amended  by  striking  out  the  whole  of  said  section  and 


182 


Acts,  1898.  — Chap.  248. 


Payment  of 
matured  shares. 


ProviBOfl. 


To  take  effect 
April  30,  1898. 


inserting  in  place  thereof  the  following :  —  Section  9. 
When  each  unpledged  share  of  a  given  series  reaches  the 
value  of  two  hundred  dollars  all  payments  of  dues  thereon 
shall  cease,  and  the  holder  thereof  shall  be  paid  out  of 
the  funds  of  the  corporation  two  hundred  dollars  :  pro- 
vided, that  at  no  time  shall  more  than  one  half  of  the 
funds  in  the  treasury  be  applicable  to  the  payment  of 
such  matured  shares  without  the  consent  of  the  directors  ; 
and  provided,  further,  that  when  any  series  of  shares, 
either  pledged  or  unpledged,  reaches  maturity  between 
the  dates  of  adjustment  of  profits,  or  whenever  shares  are 
retired  between  such  dates,  the  holders  of  such  shares 
shall,  in  addition  to  the  value  thereof,  be  entitled  to 
interest  for  all  full  months  from  the  date  of  the  preceding 
adjustment  to  the  time  of  payment,  at  the  rate  at  which 
profits  were  distributed  at  said  adjustment,  and  that 
before  paying  matured  shares  all  arrears  and  fines  shall 
be  deducted. 

Section  4.  This  act  shall  take  effect  on  the  thirtieth 
day  of  April  in  the  year  eighteen  hundred  and  ninety- 
eight.  Ajy^roved  March  29,  1898. 


ChClV.^'iS  ^^  ^^^  RELATIVE  TO  THE  UNION  STATION  FOR  PASSENGERS  ON 
RAILROADS  ENTERING  THE  SOUTHERLY  PART  OF  THE  CITY'  OF 
BOSTON. 


Treasurer  of 
city  of  Boston 
may  issue 
bonds,  notes  or 
scrip,  etc. 


Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  For  the  purpose  of  paying  any  expenses 
incurred  by  the  city  of  Boston  in  carrying  out  the  pro- 
visions of  chapter  five  hundred  and  sixteen  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-six,  and  of  chapter 
three  hundred  and  eighty-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-seven,  the  city  treasurer  of 
said  city  is  hereby  authorized,  on  the  request  of  the 
mayor,  to  issue  and  sell  notes,  bonds  or  scrip  of  said 
city,  to  run  for  such  terms,  not  exceeding  five  years,  as 
said  treasurer  shall  determine,  to  an  amount  not  exceed- 
ing seven  hundred  and  fifty  thousand  dollars,  of  which 
an  amount  not  less  than  two  hundred  and  fifty  thousand 
dollars  shall  be  issued  on]}"  for  the  purpose  of  paying 
expenses  incurred  under  the  provisions  of  chapter  three 
hundred  and  eighty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-seven,  in  addition  to  the  notes,  bonds 
or  scrip  already  authorized  to  be  issued  for  such  purpose, 


Acts,  1898.  — Chap.  249.  183 

and  such  additional  notes,  bonds  or  scrip  shall  be  inside 
of  the  debt  limit  of  said  city. 

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

ApjJroved  March  29,  1898. 


C7iap.24:9 


An  Act  to  provide  for  removing  or  placing  underground 
certain  wires  and  electrical  appliances  in  the  city  of 

BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  the  month  of  January  in  the  year  nine- certain  wires, 
teen  hundred  and  in  the  month  of  January  in  each  year  removed'or 
thereafter,  to  and  including  the  year  nineteen  hundred  ulTder'^ground. 
and  nine,  the  commissioner  of  wires  in  the  city  of  Boston 
shall  prescribe  and  give  public  notice  thereof  as  required 
in  section  two  of  chapter  four  hundred  and  fifty-four  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-four, 
not  more  than  two  miles  of  streets,  avenues  or  highways 
in  said  city  outside  of  the  section  of  said  city  described 
in  said  section  two,  within  which  portions  of  streets, 
avenues  or  highways  all  wires,  cables  and  conductors, 
except  feed  and  return  wires  of  street  railways  placed  or 
carried  in  or  upon  subways,  tunnels  or  elevated  railroad 
structures,  and  except  such  other  wires  as  are  also 
excepted  in  said  chapter  four  hundred  and  fifty-four, 
shall  be  during  that  calendar  year  removed  or  placed 
underground,  and  said  commissioner  shall  cause  the 
owners  or  users  of  such  wires,  cables  and  conductors 
to  remove  or  place  them  underground,  and  also  to 
remove  any  poles  or  structures  in  such  prescribed  por- 
tions of  said  streets,  avenues  or  highways  used  to  support 
such  wires,  cables  or  conductors,  except  when,  in  the 
judgment  of  said  commissioner,  it  is  impracticable  or 
inexpedient  to  remove  any  such  wires,  cables,  conduc- 
tors, poles  or  structures.  Said  commissioner  of  wires 
may  at  any  time  after  the  passage  of  this  act,  upon  appli- 
cation of  any  person,  firm  or  corporation  duly  authorized 
by  law  at  the  time  of  the  passage  of  this  act  to  lay  or 
erect  and  maintain,  and  maintaining  wires  in  the  streets 
next  hereinafter  referred  to,  grant  permits  for  the  re- 
moval of  any  wires,  cables,  conductors,  poles  or  structures 
in  any  of  the  streets  of  said  city,  and  the  placing  of  the 
same  and  any  other  necessary  wires,  cables  and  conductors 
or  any  extensions  thereof  underground,  as  hereinafter 
provided  ;  and  the  portions  of  streets,  avenues  and  high- 


181 


Acts,  1898.— Chap.  249. 


Certain  wires, 
etc.,  to  be 
removed  or 
placed 
underground. 


Certain  pro- 
viwions  of  law 
to  apply. 


ways  outside  of  the  section  of  said  city  described  in  said 
section  two  from  which  wires,  cables,  conductors,  poles 
or  structures  shall  be  removed  in  accordance  with  any 
such  permit  or  permits  shall  be  reckoned  and  considered 
as  a  part  of  the  twenty  miles  of  streets  from  which  the 
wires,  cables,  conductors,  poles  and  structures  are  to  be 
taken  down  or  removed  prior  to  the  iirst  day  of  January 
in  the  year  nineteen  hundred  and  ten,  pursuant  to  the 
requirements  of  this  act ;  it  being  the  purpose  and  intent 
of  this  act  to  cause  the  removal  from  twenty  miles  in 
length  of  the  public  streets,  avenues  and  highways  of 
said  city  outside  of  said  section  prior  to  the  tirst  day  of 
January  in  the  year  nineteen  hundred  and  ten,  of  all  such 
wires,  cables  and  conductors  not  herein  excepted,  and  all 
poles  or  structures  not  herein  excepted  used  for  the  sup- 
port of  such  wires,  cables  or  conductors,  whenever,  in 
the  judgment  of  said  commissioner,  the  same  is  practicable 
and  expedient.  It  shall  be  the  duty  of  said  commissioner 
and  he  shall  have  the  authority  to  grant  permission  to 
such  owners  or  users  of  wires,  cables,  conductors,  poles 
or  structures  to  be  taken  down  or  removed  as  aforesaid 
as  are  at  the  time  duly  authorized  by  law  to  lay  or  erect 
and  maintain  wires  as  aforesaid,  to  lay  the  underground 
conduits  required  to  accommodate  the  wires  so  removed 
from  overhead,  and  any  other  necessary  wires,  cables  or 
conductors  or  any  extensions  thereof,  under  any  of  the 
streets,  avenues,  highways,  water  courses  or  tide  waters 
within  said  city,  subject  however  in  the  case  of  water 
courses  or  tide  waters  to  the  provisions  of  chapter  nine- 
teen of  the  Public  Statutes  and  acts  in  amendment  thereof 
and  in  addition  thereto.  The  superintendent  of  streets 
of  said  city  shall  issue  all  permits  for  opening  and  occu- 
pying the  streets  of  said  city  which  may  be  necessary  to 
carry  out  the  intent  of  this  act,  upon  application  of  said 
commissioner. 

Section  2.  All  the  terms,  conditions,  provisions,  re- 
quirements, restrictions  and  exemptions  of  chapter  four 
hundred  and  fifty-four  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  not  inconsistent  herewith  are 
hereby  extended  to  and  made  a  part  of  this  act,  and  this 
act  shall  not  })e  construed  to  affect  said  act  of  the  year 
eighteen  hundred  and  ninety-four  except  to  extend  the 
same  to  the  additional  work  herein  provided  for. 

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

Approved  March  29,  1898. 


Acts,  1898.  —  Chaps.  250,  251.  185 

An  Act  to  include  the  town  of  heading  within  the  judi-  rfjjfy^  9,^0 

CIAL    DISTRICT    OF    THE    FOUKTH     DISTRICT    COURT     OF     EASTERN  ^ 

MIDDLESEX. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.     The  town  of  Reading  shall  not  hereafter  Annexed  to 
be  included  in  the  judicial   district  of  the   first  district  i"  fourth  dis-"^ 
court    of  eastern  Middlesex,  hut  is   hereby  annexed  to  eastern""'*^ 
and  made  a  part  of  the  judicial  district  under  the  juris-  ^I'ddiesex. 
diction  of  the  fourth  district  court  of  eastern  Middlesex  : 
provided,  however,  that  nothing  in  this  act  shall  affect  any  Proviso. 
suit  or  other  proceedings  pending  at  the  time  of  its  tak- 
ing effect. 

Section  2.  This  act  shall  take  effect  upon  the  first 
day  of  July  in  the  year  eighteen  hundred  and  ninety- 
eight.  Approved  March  29,  1898. 


An  Act  to  change  a  part  of  the  boundary  line  between  (JJ^nrry  251 

THE  CITY  OF  BOSTON  AND  THE  TOWN  OF  HYDE  PARK.  "' 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  A  part  of  the  boundary  line  between  the  Boundary  line 
city  of  Boston  and  the  town  of  Hyde  Park  southerly  aud'^Hyde^Park" 
of  and  partly  in  Ashland  street  in  said  city  and  town  is  ''^^'^^'^^^ 
hereby  changed  so  that  said  line  shall  run  as  follows :  — 
Beginning  at  a  stone  monument  marked  B.  and  H  P.  in 
the  present  boundary  line  one  hundred  and  twenty-five 
feet  southwest  from  the  southwesterly  line  of  said  Ash- 
land street,  thence  continuing  northwesterly  parallel  with 
and  one  hundred  and  twenty-five  feet  from  the  south- 
westerly line  of  said  Ashland  street,  about  six  hundred 
and  seventy-five  feet  to  a  stone  monument  marked  B. 
and  H  P.  ;  thence  continuing  northwesterly  parallel  with 
and  one  hundred  and  tw^enty-five  feet  from  the  south- 
westerly line  of  said  Ashland  street,  about  two  hundred 
and  sixty-three  feet,  to  a  stone  monument  marked  B. 
and  II  P.  standing  in  the  present  boundary  line  about 
one  hundred  and  twenty-six  feet  from  the  present  south- 
westerly line  of  said  Ashland  street ;  thence  turning  and 
running  southwesterly  to  a  stone  monument  marked  B. 
and  H  P.  standing  on  the  northwesterly  side  of  Hyde 
Park  avenue.  Said  new  boundary  line  is  shown  by  a 
red  line  upon  a  plan  marked  ' '  Plan  showing  a  proposed 
change  in  the  boundary  line  between  Boston  and  Hyde 


186  Acts,  1898.  — Chap.  252. 

Park,  Massachusetts,  William  Jackson,  city  engineer  of 
Boston,  January  31,  1898",  on  file  in  the  office  of  the 
secretary  of  the  Commonwealth. 

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

Approved  April  i,  1898. 

Chap.^^2  ^^  Act  relative  to  the  payment  of  assessments  for  the 

LAYING   OUT   AND   CONSTRUCTION   OF   IlIGinVAYS    IN    THE    CITY    OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows : 

etc!^'amended.  Section  1.  Scctiou  sixtccu  of  chapter  three  hundred 
and  twenty-three  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-one,  as  amended  by  section  nine  of 
chapter  four  hundred  and  eighteen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-two,  is  hereby  amended 
by  striking  out  lines  nine  to  seventeen,  inclusive,  and 
inserting  in  place  thereof  the  words:  —  of  the  comple- 
tion of  the  work  done  under  the  aforesaid  order  of  said 
street  commissioners,  as  determined  by  said  commis- 
sioners, at  the  rate  of  five  per  cent,  per  annum,  the 
board  of  assessors  of  said  city  shall  include  a  sum  equal 
to  nine  per  cent,  of  such  amount  in  the  next  and  suc- 
ceeding annual  tax  bills  issued  for  the  tax  on  said  parcel, 
and  in  the  tax  bills  issued  the  first  year  shall  also  include 
interest  on  the  whole  of  said  amount  at  the  rate  of  five 
per  cent,  per  annum  from  the  date  of  the  completion  of 
the  work,  determined  as  aforesaid,  to  the  last  day  of 

Lie" mentH  for  October  of,  —  SO  as  to  read  as  follows:  —  Section  16. 

etc 'oVhf  h"''    ^^  ^^^^  amount  of  the  aforesaid  assessable  cost  for  which 

ways  in  the  city  any  parccl  of  land  aforesaid  is  liable,  determined  as  pro- 
vided in  section  fifteen,  is  not  paid  before  the  expiration 
of  one  year  from  the  date  of  said  determination,  or  if 
such  amount  as  found  l)y  the  court,  on  an  appeal  or  other 
suit  or  proceeding,  is  not  paid  before  the  last  day  of  May 
next  succeeding  the  finding  of  the  court,  in  each  case  with 
interest  from  the  date  of  the  coin]iletion  of  the  work  done 
under  the  aforesaid  order  of  said  street  commissioners, 
as  determined  h\  said  commissioners,  at  the  rate  of  five 
per  cent,  per  annum,  the  board  of  assessors  of  said  cit}' 
shall  include  a  sum  equal  to  nine  per  cent,  of  such  amount 
in  the  next  and  succeeding  annual  tax  bills  issued  for  the 
tax  on  said  })arcel,  and  in  the  tax  bills  issued  the  first  year 
shall  also  include  interest  on  the  whole  of  said  amount  at 
the  rate  of  five  per  cent,  per  annum  from  the  date  of  the 


Acts,  1898.  — Chap.  253.  187 

completion  of  the  work,  determined  an  aforesaid,  to  the 
hi8t  day  of  October  of  the  year  of  the  date  of  such  tax 
bill,  and  in  the  tax  bills  for  each  succeeding  year  shall 
include  one  year's  interest  on  the  whole  of  said  amount 
at  the  aforesaid  rate,  and  shall  so  include  such  sums  and 
interest  until  ten  such  sums  with  interest  have  been  paid  ; 
said  board  shall  issue  tax  bills  for  such  sums  for  any  par- 
cels for  which  no  tax  bill  would  otherwise  be  issued. 
Every  such  sum  in  a  tax  bill  shall  be  abated,  collected 
and  paid  into  the  city  treasury,  as  if  a  part  of  and  in  the 
same  manner  as  the  city  taxes. 

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

Approved  April  i,  1898. 


Chap.253 


An  Act  to  authorize  tue  city  of  somerville  to  acquire  and 

lay  out  certain  land  for  a  public  park. 
Be  it  enacted,  etc.,  asfolloius: 

Sectiox  1.  The  city  of  Somerville,  by  its  city  coun-  May  take  cer- 
cil,  may  at  any  time  within  three  years  after  the  passage  puililc'lfark^ '^ 
of  this  act  take  from  time  to  time,  by  gift,  upon  such  ^"'• 
conditions  as  said  city  council  may  deem  advisable,  or 
by  purchase  or  otherwise,  and  hold  in  fee  or  otherwise 
and  maintain  for  the  purpose  of  a  public  park,  the  land 
or  any  portion  or  portions  thereof  situated  in  said  city  and 
bounded  as  follows: — Northeasterly  b}"  Munroe  street, 
seven  hundred  and  eighty  and  sixteen  one  hundredths 
feet ;  southeasterly  by  land  now  or  formerly  of  Charles 
H.  North,  one  hundred  and  thirty-nine  and  five  one 
hundredths  feet ;  southwesterly  seven  hundred  and  forty- 
nine  feet  by  certain  parcels  of  land  belonging  respec- 
tively in  the  order  named  and  beirinnino:  with  the  most 
easterly  of  said  parcels,  now  or  formerly  to  Mary  C. 
Clark,  Francis  S.  Brown  and  Charles  Wood,  Herbert 
E.  Gustin,  Julia  L.  Gustin,  Artemas  C.  Kichardson, 
A\'illiam  C.  Richardson,  Artemas  C.  Richardson,  Philip 
Kberle,  John  W.  Vinal,  Louise  M.  and  George  C.  Ellis, 
Belvin  T.  Williston,  heirs  of  William  C.  High,  Mary  F. 
Brooks,  Catherine  Lord  ;  northwesterly  by  land  now  or 
foiTuerly  of  Elbridge  G.  Park  one  hundred  and  thirty- 
two  feet,  and  containing  about  two  and  five  one  hun- 
dredths acres. 

Section  2,  The  said  city  shall,  within  sixty  d'dys  Description  of 
after  the  taking  of  any  lands  as  aforesaid,  otherwise  than  recorded',' ^ ''* 
by  purchase  or  gift,  file  and  cause  to  be  recorded  in  the 


188 


Acts,  1898.— Chap.  253. 


Damages. 


registry  of  deeds  for  the  southern  district  of  the  county 
of  Middlesex,  a  description  thereof  sufficiently  accurate 
for  identification,  with  a  statement  of  the  purpose  for 
which  the  same  were  taken,  which  statement  shall  be 
signed  by  the  mayor,  and  the  title  of  all  lands  so  taken 
shall  vest  in  the  city  of  Somerville  in  fee. 

Section  3.  The  said  city  shall  pay  all  damages  sus- 
tained by  any  person  or  corporation  in  property  by  the 
taking  of  any  lands  or  by  any  other  thing  done  by  said 
city  under  the  authority  of  this  act.  Any  person  or  cor- 
poration sustaining  damages  as  aforesaid  under  this  act, 
who  ftiils  to  agree  with  the  said  city  as  to  the  amount  of 
damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  by  law  when  land  is 
taken -for  the  laying  out  of  highways,  on  application  at 
any  time  within  the  period  of  two  years  from  the  taking 
of  such  land  or  other  property,  or  the  doing  of  such 
other  injury  under  the  authority  of  this  act. 
Appropriations.  Section  4.  No  uioucy  shall  be  appropriated  at  any 
time  for  the  taking  or  purchasing  of  said  land,  except  by 
a  two  thirds  vote  of  each  branch  of  the  city  council,  taken 
by  yeas  and  nays. 

Section  5.  At  any  time  within  two  years  after  the 
work  of  laying  out  and  constructing  said  park  is  com- 
pleted the  city  council  shall  have  the  same  authority  to 
determine  the  value  of  and  to  assess  upon  real  estate  the 
amount  of  betterments  accruing  to  said  real  estate  by 
the  taking  of  land  and  the  locating,  laying  out  and  con- 
struction of  a  park  under  this  act  that  is  conferred  by 
chapter  fifty-one  of  the  Public  Statutes  upon  boards 
of  city  or  town  officers  authorized  to  lay  out  streets  or 
ways,  and  the  provisions  of  the  first  eight  sections  of 
said  chapter  shall  apply  to  such  assessments  by  said  city 
council. 

Section  G.  This  act,  except  as  provided  in  the  fol- 
lowing section,  shall  not  take  effect  unless  accepted  by 
said  city  of  Somerville  by  a  majority  vote  of  each  branch 
of  the  city  council,  taken  by  yeas  and  nays. 

Section  7.  So  much  of  this  act  as  authorizes  the  sub- 
mission of  the  question  of  its  acceptance  to  the  city  coun- 
cil of  said  city  shall  take  effect  upon  its  })assage  ;  and  if 
duly  accepted  it  shall  take  full  eliect  on  the  date  of  such 
acceptance.  Approved  April  1,  1898. 


AssesBment  of 

betterments, 

etc. 


To  be  accepted 
l)y  city  council 
of  Somerville. 


When  to  take 
effect. 


Acts,  1898.  — Chaps.  254,  255,  256.  189 


An  Act  to  provide  for  the  appointment  of  one  additional  f^jj^^^  onj4 

COURT   officer   for   ATTENDANCE    UPON    THE    SEVERAL    SESSIONS  "^ 

OF  THE   MUNICIPAL    COURT    OF    THE    CITY    OF    BOSTON    FOR    CIVIL 
BUSINESS. 

Beit  enacted,  etc.,  asfoUoivs: 

Section  1.  The  justices  of  the  municipal  court  of  the  Additional 
city  of  Boston,  or  a  majority  of  them,  shall  appoint  one  be"apiwinteV.° 
additional  officer  for  said  court  for  attendance  upon  the 
several  sessions  of  said  court  for  civil  business.  The 
officer  so  appointed  shall  receive  the  same  salary  as 
the  other  officers  in  attendance  u[)on  said  court  for  civil 
business,  and  shall  be  subject  to  all  the  provisions  of 
chapter  four  hundred  and  fifty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-tive. 

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

Approved  April  1,  1898. 

An  Act  making  an  appropriation  for  current  expenses  at  f^j^fj^  on:;t 

THE   MEDFIELD   INSANE   ASYLUM.  "' 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     The  sum  of  twenty-five  thousand  dollars  Medfieid  insane 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  **y^"™- 
the  Commonwealth  from  the  ordinary  revenue,  for  the 
payment   of  current   expenses   at   the    Medfieid    insane 
asylum  during  the  year  ending  on  the  thirty-first  day  of 
December  in  the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  April  1,  1898. 


An  Act  relative  to  the  travelling  expenses  of  the  jus- 
tice AND  CLERK  OF  THE  FIRST  DISTRICT  COURT  OF  NORTHERN 
WORCESTER. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  iustice  and  clerk  of  the  first  district  'T'lsttec 

^  _.        ,  :'  ...  ,      .  ,,  ,       ,        clerk  of 


Chap,25Q 


I  and 

court  of  Northern  AVorcester  shall  each  be  allowed  the  district  court 
sum  of  one  hundred  and  fifty  dollars  a  year  for  their  worceBter. 
travelling  expenses  incurred  and  i)aid  by  them  in  the 
transaction  of  the  business  of  said  court,  said  sums  to  be 
paid  from  the  treasury  of  the  county  of  Worcester,  and 
to  be  so  allowed  from  and  after  the  first  day  of  January 
in  the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  April  1,  1898. 


190 


Acts,  1898.  — Chap.  257. 


Chap.257 


1897,  426,  §  1, 
amended. 


CotiBtruction, 
etc.,  of  sewer- 
age works  in 
the  city  of  Bos- 
ton, etc. 


1897,  426, §  6, 
amended. 


An  Act  relative  to  sewerage  works  in  the  city  of  boston. 
Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  Section  one  of  chapter  four  hundred  and 
twenty-six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-seven  is  hereby  amended  by  inserting  in  the  tenth 
line,  after  the  words  "determine  to  be",  the  words:  — 
the  amount  to  be  used  for  interest  on  the  bonds  issued 
for  sewerage  works,  and  also,  —  so  as  to  read  as  follows  ; 
—  /Section  1.  The  city  council  of  the  city  of  Boston 
shall  annually  a})propriate,  to  be  met  by  the  issue  of 
bonds  as  hereinafter  provided,  sums  not  exceeding  one 
million  dollars  in  any  one  year,  for  constructing  sewer- 
age works  in  said  city,  and  shall  also  appropriate,  to  be 
met  by  the  annual  charges  hereinafter  provided  for,  such 
sums  as  the  mayor  of  said  city  shall  deem  sufficient  for 
maintaining  and  operating  the  sewerage  works,  and  such 
sums  as  the  city  treasurer  of  said  city  shall  each  year 
determine  to  be  the  amount  to  be  used  for  interest  on 
the  bonds  issued  for  sewerage  works,  and  also  the  amount 
to  be  used  for  the  sinking  funds  for  bonds  issued  for  sew- 
erage works,  which,  with  all  other  amounts  so  used  and 
their  accumulations,  will  pay  all  such  bonds  at  maturity ; 
and  there  shall  also  be  used  for  said  sinking  funds  all 
premiums  received  from  the  sale  of  said  bonds,  and  all 
amounts  received  for  breach  of  any  contract  for  construct- 
ing sewerage  works,  or  for  securities  deposited  as  secu- 
rity for  making  such  contracts  and  declared  to  be  forfeited 
to  the  city,  or  for  sales  of  property.  All  sewers,  drains, 
pumping  stations  and  other  works  for  the  collection  or 
disposal  of  sewage,  or  surface  or  ground  water  in  said 
city,  shall  be  included  in  the  term  "  sewerage  work",  as 
used  in  this  act,  and  no  such  work  shall  hereafter  be  con- 
structed in  said  city,  except  under  authority  of  this  act, 
unless  the  same  has  been  ordered  to  be  constructed  before 
the  passage  thereof. 

Section  2.  Section  six  of  said  chapter  four  hundred 
and  twenty-six  is  hereby  amended  by  striking  out  the 
words  "one  million  dollars  in  any  one  year",  in  the 
sixth  and  seventh  lines,  and  inserting  in  place  thereof 
the  words :  — two  million  dollars  in  the  aggi'egate  in  the 
period  included  in  the  years  eighteen  hundred  and  ninety- 
seven  and  eighteen  hundred  and  ninety-eight,  and  one 
million  dollars  in  any  cue  year  thereafter,  —  so  as  to 


Acts,  1898.  — Chap.  258.  191 

read  as  follows  :  —  Section  6.  The  treasurer  of  said  Sewerage  Loan. 
city,  to  meet  the  expenses  incurred  in  constructing  any 
sewerage  works  heretofore  or  hereafter  ordered  to  be 
constructed  in  said  city,  shall  from  time  to  time  on  the 
request  of  said  board,  approved  by  the  mayor,  issue  to 
the  total  amount  appropriated,  but  not  exceeding  two 
million  dollars  in  the  aggregate  in  the  period  included  in 
the  years  eighteen  hundred  and  ninety-seven  and  eight- 
een hundred  and  ninety-eight,  and  one  million  dollars  in 
any  one  year  thereafter,  bonds  of  said  city,  registered 
or  coupon,  as  said  treasurer  shall  from  time  to  time 
determine,  and  the  same  shall  not  be  considered  in  de- 
termining the  limit  of  indelitedness  of  said  city ;  said 
bonds  shall  have  printed  on  the  face  thereof  the  words, 
Sewerage  Loan  ;  shall  be  countersigned  by  the  mayor 
and  be  made  payable  in  terms  of  thirty  years  from  their 
date  ;  and  shall  bear  such  rates  of  interest  not  exceed- 
ing four  per  cent,  per  annum,  payable  semi-annually  on 
the  first  day  of  January  and  the  first  day  of  July  of  each 
year,  and  be  issued  and  disposed  of  in  such  amounts,  in 
such  modes,  and  at  such  times  and  prices,  as  said  treas- 
urer with  the  approval  of  the  mayor  shall  from  time  to 
time  determine.  Approved  April  i,  1898. 


An  Act  RELATrv'E  to  the  amount  to  be  paid  annually  by  the  /'^^^^  o/tQ 

COUNTY  OF  ESSEX  TOWAKD  THE  SUPPORT  OP  THE  LIBRARY   AT   THE  "'  \ 

COURT  HOUSE   IN   THE   CITY   OF   LAWRENCE.  \ 

Be  it  enacted,  etc. ,  as  folloios  : 

Section  1.     Section  one  of  chapter  three  hundred  and  amlnded.^^' 
sixty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-seven  is  hereby  amended  by  striking  out  the  words 
"the  sum  of  five  hundred  dollars",  in  the  seventh  and 
eighth  lines,  and  inserting  in  place  thereof  the  words  :  — 
such  sum,  not  exceeding  one  thousand  dollars,  as  may  be 
necessary  for  the  purpose,  — so  as  to  read  as  follows  :  — 
/Section  1.     A  law  library  is  hereby  established  at  the  support  of 
court  house  of  the  county  of  Essex  in  the  city  of  Law-  LaVrencef "' 
rence,  for  the  use  of  the  courts  and  the   citizens,  which 
library  shall  be  under  the  charge  and  control  of  the  Law- 
rence 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  such  sum,  not  exceeding  one  thousand  dollars, 


192  Acts,  1898.  — Chaps.  259,  260. 

as  may  be  necessary  for  the  purpose,  to  be  expended  by 
said  association  in  purchasing  books  for  said  library. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  1,  1898. 

Chan  259  "^^   ■^^^  RELATIVE   TO   THE   PAYMENT   OF  THE    EXPENSES    OF    MATN- 

TAINING   PRISON   INDUSTRIES. 

Be  it  enacted,  etc.,  as  follows: 
Payment  of  Section  1.     The    receipts    from   the  industries  main- 

inaintaininK       taiucd  in  the   statc   prison,  the  reformatory  prison    for 
tries'."     "**       women,  the  state  farm,  and  the  Massachusetts  reforma- 
tory, shall  be  i)aid  into  the  treasury  of  the    Common- 
wealth each  month ;    and    so  much    of  said   receipts   as 
may  be  needed  to  pay  the  expenses  of  said  industries 
Proviso.  is  hereby  appropriated  for  that  purpose ;  provided,  that 

payments  of  said  expenses  shall  be  allowed  by  the  au- 
ditor only  upon  schedules  duly  certified  and  approved 
as  now  required  by  law,  and  that  the  receipts  from  any 
one  of  said  institutions  shall  be  applied  to  paying  the 
bills  of  that  institution  only. 

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

Apjrroved  April  1,  1898. 

ChctV.^QO  -^^  ^^'^  '^^  AUTHORIZE  THE  LYNN  AND  BOSTON  RAILROAD  COMPANY 
TO  OBTAIN  A  RELOCATION  OF  ITS  TRACKS  IN  THE  HIGHWAY  LAID 
OUT  OVER  THE   SALEM   TURNPIKE. 

Be  it  enacted,  etc.,  as  folloivs: 

Certain  tracks  Section  1.  The  boards  of  county  commissioners  of 
Boston  Railroad  tlic  couutics  of  Esscx  and  Middlcscx,  upon  petitions  of 
berdocate'd'7  the  Lyuu  and  Boston  Railroad  Company,  are  hereby 
severally  authorized,  within  their  respective  jurisdictions, 
to  relocate  the  tracks  of  the  Lynn  and  Boston  Eailroad 
Company  along  and  over  such  parts  of  the  highway,  laid 
out  under  the  provisions  of  chapters  three  hundred  and 
nine  and  three  hundred  and  thirty -five  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-eight,  as  were  included 
between  the  two  termini  of  said  company's  tracks  in  that 
part  of  the  Salem  turnpike  along  and  over  which  said 
company's  tracks  were  located  by  the  commissioners 
appointed  by  the  supreme  judicial  court  for  the  county  of 
Suffolk  under  the  provisions  of  section  three  of  chapter 
two  hundred  and  two  of  the  acts  of  the  year  eighteen 
hundred  and  fifty-nine,  and  such  relocations,  when  ac- 


Acts,  1898.  — Chaps.  261,  2G2.  193 

cepted  by  said  company  by  written  acceptances  filed  in 
the  ofiices  of  said  county  commissioners,  shall  be  taken 
as  the  true  locations  of  said  company's  tracks  in  that  part 
of  said  highway  in  which  its  tracks  were  originally  lo- 
cated by  said  special  commission,  and  said  company,  after 
such  acceptance,  shall  have  and  enjoy  such  relocations, 
in  lieu  of  said  original  locations,  and  may  construct  its 
tracks  thereon,  and  erect  such  poles  and  wires,  and  in 
such  })ositions  in,  over  and  along  said  highway,  for  the 
operation  of  its  railway  by  the  overhead  electric  system, 
as  said  boards  of  county  commissioners  shall  designate 
within  their  respective  jurisdictions. 

Section  2.     The  compensation  and  all   expenses  of  Payment  of 

i  /•     1        expenses,  etc. 

either  of  said  boards  incurred  in  the  performance  of  the 
duties  imposed  by  this  act  shall  be  borne  and  paid  by 
said  railroad  company. 

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

Approved  April  i,  1898. 


Chap.2Q>\ 


An  Act  to  provide  for  the  appointment  of  additional  mem- 
bers OF  the  boiler  inspection  department  of  the  district 

POLICE. 

Be  it  enacted.,  etc.,  as  follows: 

Section  1.     The   governor   is   hereby    authorized    to  Additional 
appoint  four  additional  members  of  the  boiler  inspection  ™ol"r^iuspL. 
department   of  the    district   police,   qualified    to   act   as  ot'disu-'ic"'"^"* 
examiners  of  engineers  and  firemen  and  as  inspectors  of  police  may  be 
boilers,  who  shall  receive  an  annual  salary  of  fifteen  hun- 
dred dollars  and  their  actual   travelling  and  necessary 
expenses. 

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

Approved  April  i,  1898. 


Gha'pmi 


An  Act  relatfvtk  to  stony  brook  in  the  city  of  boston. 
Be  it  enacted,  etc.,  as  folloius: 

Section  1.     The  city  of  Boston  may,  by  its  mayor,  Boston  Beiung 
agree  with  the  Boston  Belting  Company  to  deprive,  and  bedi'p^'ivedo^ 
may  tliereafter  deprive,  said  Boston  Belting  Company  of  'Waters  oVstony 
its  rights  in  and  to  the  waters  of  Stony  brook  in  said  city  brook,  etc. 
and  the   tributaries  thereof,  upon  such  terms  and  con- 
ditions as  to  compensation  in  money,  or  in  other  supply 
of  water,  or  upon  such  other  terms  and  conditions,  as 
they  may  mutually  agree  upon,  and  may  refer  any  and 


194  Acts,  1898.  —  Chaps.  263,  264. 

all  matters  in  dispute  between  said  city  and  said  com- 
pany, arisini!^  out  of  the  rights,  privileges  or  acts  of 
either  or  both  of  them  upon  said  l)rook  or  its  tributaries, 
to  such  assessors  or  arbitrators,  and  upon  such  terms  as 
they  may  mutually  agree  upon. 

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

Approved  April  i,  1898. 

C'/ia».263  '^^  ^^^  ^^  AUTHORIZE  THE  CITY  OK  WOBURN  TO  INCUR  INDEBTED- 
NESS BEYOND  THE  LIMIT  FIXED  BY  LAW,  I'OR  THE  CONSTRUCTION 
OF   A    IHGH   SCHOOL   BUILDING. 

Be  it  enacted,  etc.,  as  follows: 
May  incur  Section  1.     Tlic  citv  of  Wobum,  for  the  purpose  of 

indebtednesB  .  .    .    "^       ,         ,      .  ,         ,  .     ^        h 

beyond  debt  purchasuig  or  acfjuirmg  land  for  the  location  or  a  new 
bondsretc!  high  school  building  in  said  city,  and  for  the  purpose  of 
erecting  and  furnishing  such  school  building,  may  incur 
indebtedness  to  an  amount  not  exceeding  one  hundred 
thousand  dollars  beyond  the  limit  of  indebtedness  fixed 
by  law,  and  may  from  time  to  time  issue  bonds,  notes  or 
scrip  therefor,  payable  within  such  period,  not  exceeding 
thirty  years  from  the  date  thereof,  and  bearing  such  rate 
of  interest,  not  exceeding  four  per  cent,  per  annum,  as 
the  city  council  shall  determine. 
p.  8. 29,  etc.,  to  Section  2.  Except  as  herein  otherwise  provided  the 
provisions  of  chapter  twenty-nine  of  the  Public  Stat- 
utes and  of  acts  in  amendment  thereof  and  in  addition 
thereto  shall,  so  far  as  applicable,  apply  to  the  indebt- 
edness hereby  authorized  and  to  the  securities  issued 
therefor. 

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

Approved  April  1,  1898. 


apply. 


Chap 


.264  ^^    ^'^^    RELATIVE    TO    RETURNS    OF    QUALIFICATION   OF  OFFICERS 
BY  COUNTY  COMMISSIONERS. 


Be  it  enacted,  etc.,  as  follows: 
Keturnsof  Section    1.     Countv   commissioucrs    shall,  upon    ad 

quiilihcation  -  -    "^  ^ 


wealth. 


to  be  made  to     ministcring   the    oaths   of   qualification   to   officers    who 
co^^'moZ''     ^^  are  required  by  law  to  qualify  before  them,   forthwith 
make  return  of  such  act  to  the  secretary  of  the  Common- 
wealth. 

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

Approved  April  1,  1898, 


Acts,  1898.  —  Chaps.  265,  2()(5.  195 

An  Act  relative  to  the  organization  of  state  boards  and  fij^        n/^pj 

COMMISSIONS.  -^  * 

Be  it  enacted^  etc.,  as  follows : 

p]ach  .state  board  and  commission  shall  uj)on  oroanizino;  OrKanization  lo 
report  its  organization  to  the  otiicc  of  the  secretary  of  lecletHi'J'of'" 
the  Commonwealth.  Approved  Apnl  i,  1898.      'veaith "'"""' 


C/iap.266 


An  Act  relative  to  the  liability  of  officers  of  corpora- 
tions FOR  corporate  DEBTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty  of  chapter  one  hundred  and  six  of  the  p.  s.  loe,  §  eo, 
Public  Statutes  is  hereby  amended  by  adding  at  the  end  ='™«°'^'^d. 
thereof  the    following  w^ords  :  —  Sixth,   For  del)ts  con- 
tracted before  the  original  capital  is  fully  paid  in,  and 
the  certificate  of  such  payment  filed  in  accordance  with 
section  forty-six  of  this  chapter,  —  so  as  to  read  as  fol- 
lows:—  Section  60.      The  officers   of  any  corporation  Liability  of 
which  is  subject  to  this  chapter  shall  be  jointly  and  sev-  ta'lncorpoia*^'^' 
erally  liable  for  its  de])ts  and  contracts  in  the  following  "nd  coutracl'a? 
cases,  and  not  otherwise  :  — 

The  president  and  directors  shall  be  so  liable,  — 

First,  For  making  or  consenting  to  a  dividend  when 
the  corporation  is  or  thereby  is  rendered  insolvent,  to 
the  extent  of  such  dividend. 

Second,  For  debts  contracted  between  the  time  of  mak- 
ing or  assenting  to  a  loan  to  a  stockliolder  and  the  time 
of  its  repayment,  to  the  extent  of  such  loan. 

Third,  When  the  debts  of  a  corporation  exceed  its 
capital,  to  the  extent  of  such  excess  existing  at  the  time 
of  the  commencement  of  the  suit  against  the  corporation 
upon  the  judgment  in  which  the  suit  in  equity  to  enforce 
such  liability  is  brought  as  hereinafter  provided. 

The  president,  directors,  and  treasurer  shall  ha  so 
liable,  — 

Fourth,  For  signing  any  statement  filed  under  section 
forty-eight,  when  the  property  mentioned  in  such  state- 
ment is  not  conveyed  and  taken  at  a  fair  valuation  ;  but 
only  the  officer  or  officers  simin*?  the  same  shall  be  so 
liable. 

And  the  president,  directors,  and  other  officers  shall 
be  so  liable,  — 

Fifth,  For  signing  any  certificate  required  by  law  know- 


196 


Acts,  1898.  — CnArs.  267,  268. 


ing  it  to  be  false  ;  but  only  the  officer  or  officers  knowing 
thereof  shall  be  liable. 

Sixth,  For  (lel)ts  contracted  before  the  original  capital 
is  fully  paid  in,  and  the  certiticate  of  such  payment  filed 
in  accordance  with  section  forty-six  of  this  chapter. 

Approved  April  i,  189S. 


Ch0.p.'2ffl  -^N   -'^CT  TO   AUTHORIZE   CITIES   TO   PENSION   FIREMEN. 

Be  it  enacted,  etc.  ^  as  follows : 


Cities  may 
pension  certain 
firemen. 


When  to  talie 
effect. 


Question  of 
acceptance  to 
be  submitted  to 
voters. 


Section  1.  Any  city  may,  by  vote  of  its  city  council 
and  under  such  restrictions  and  subject  to  such  provisions 
as  may  be  prescribed  by  such  vote  or  by  ordinance,  pen- 
sion any  fireman  who  by  reason  of  permanent  disability 
incurred  while  in  the  discharge  of  his  duty  as  fireman  is 
no  longer  able  to  perform  active  service  as  such  fireman. 

Section  2.  This  act  shall  not  take  effect  in  any  city 
until  it  has  been  accepted  by  a  majority  of  the  voters 
of  such  city  present  and  voting  thereon  at  an  annual  or 
special  city  election. 

Section  3.  Whenever  a  })etition  signed  by  not  less 
than  two  hundred  registered  voters  of  any  city,  request- 
ing that  the  question  of  the  acceptance  of  this  act  shall 
be  submitted  to  the  voters  of  such  city  at  its  next  mu- 
nicipal election,  shall  be  filed  with  the  city  clerk  of  such 
city  not  less  than  thirty  days  before  the  day  on  which 
said  election  is  to  be  held,  the  question  of  the  acceptance 
of  this  act  shall  be  submitted  to  the  voters  of  said  city 
to  be  voted  upon  at  the  municipal  election  next  held 
therein  after  the  filing  of  such  petition  with  the  city 
clerk.  Approved  April  1,  1S98. 


Chap.2(jS  ^^  ■^'^'^  '^^   FACILITATE   THE    INSPECTION    OF    WIRES    IN    BUILDINGS 

IN   THE   CITY   OF   BOSTON. 


Persons,  etc., 

propoBing  to 
place  electric 
wireH  in  build- 
ings to  notify 
commissioner 
of  wires,  etc. 


Be  it  enacted,  etc.,  as  foHoivs : 

Section  1.  Every  corporation  or  person  proposing 
to  place  wires  designed  to  carry  a  current  of  electricity 
within  a  building  shall  give  notice  thereof  to  the  com- 
missioner of  wires  of  said  city  before  commencing  the 
work ;  and  shall  not  turn  the  current  on  to  wires  that 
are  to  be  used  for  electric  lighting,  heating  or  power 
until  permission  to  do  so  has  been  given  by  said  com- 
missioner. 


Acts,  1898.  —  Chap.  269.  197 

Section  2.    The  commissioner  of  wires  shall  be  deemed  commissioner 

,,.,.,  .  .  ,       .  wy  malie  rules 

the  sole  judge  ot  what  constitutes  proper  insulation  and  ^oa  regulations. 
the  safe  installation  of  electric  conductors  and  appliances 
within  buildinas,  and  is  hereby  authorized  to  make  such 
rules  and  regulations  as  he  may  deem  necessary  to  make 
such  conductors  and  appliances  as  safe  as  possible. 

Section  3.     Whenever  in  the  opinion  of  the  commis-  May  cause 

(.        .  1       j_    •       1  1        J  !•  current  to  be 

sioner  or  wires   any  electrical  conductors  or  appliances  shut  off  in  car- 
used  for  the  distribution  of  an  electric  current  within  a  ^^^^ ''''*«^''- 
building  are  in  an  unsafe  or  dangerous  condition,  he  is 
hereby  authorized  to  cause  the  current  to  be  shut  off  if 
the  existing  defects  are  not  remedied  within  a  reasonable 
time. 

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

Apiwoved  April  1,  1898. 


An  Act  to  provide  for  the  laying  out  of  public  parks  and  p/,^^,  0(^q 

SQUARES   IN   THE   CITY   OF   NEWTON.  ^  * 

Be  it  enacted.,  etc.,  as  follows  : 

Section  1.     The    board    of  aldermen    of  the  city  of '^''V'^l^rl^''^ 

J  lor  park  pur- 

Newton  shall  have  power  to  take  land  from  time  to  time  po^es,  etc. 
by  purchase,  gift,  devise  or  otherwise  for  public  parks 
and  squares  in  said  city,  and  to  take  and  to  hold  in  trust, 
or  otherwise,  any  devise,  grant,  gift  or  bequest  for  the 
purpose  of  laying  out,  improving  or  ornamenting  any 
parks  and  squares  in  said  city,  and  may  provide  by 
ordinances  for  the  government,  use,  care  and  superin- 
tendence of  such  parks  and  squares,  either  by  said  board 
of  aldermen  or,  if  said  board  shall  so  decide,  by  such 
persons  as  may  be  appointed  by  the  mayor  and  aldermen 
of  said  city  ;  and  for  breaches  of  such  ordinances  may  affix 
penalties  not  exceeding  twenty  dollars  for  one  offence  : 
provided^  however,  that  no  land  shall  be  so  taken  or  lia-  Proviso. 
bility  created  or  money  expended  therefor  or  upon  any 
such  park  or  scjuare,  except  by  a  two  thirds  vote  of  all 
the  members  of  said  board  of  aldermen  taken  by  yeas 
and  nays. 

Section  2.    Said  cit}^  shall,  within  sixty  days  after  the  Description  of 
taking  of  any  land  under  this  act,  file  in  the  registry  of  Ie"ord"edTetc. 
deeds  for  the  southern  district  of  the  county  of  Middle- 
sex a  description  of  such  land  sufficiently  accurate  for 
identifying  the  same.     The  title  of  lands  so  taken  shall 
vest  in  the  city  of  Xewton.     In  case  said  city  and  the 


198 


Acts,  1898.  — Chap.  269. 


Real  estate 
beijoflted  may 
be  assessed 
a  proportional 
share  of  cost, 
etc. 


AsBepsments  to 
constitute  a 
lieu  upon  real 
estate,  etc. 


Public  Park 
Loan. 


Sinking  fund. 


owner  of  any  such  land  do  not  agree  upon  the  damage 
occasioned  by  such  taking  such  damage  shall  be  ascer- 
tained, determined  and  paid  in  the  same  manner  as  is 
provided  for  the  assessment  and  payment  of  damages  for 
the  taking  of  land  for  highways. 

Section  3.  At  any  time  within  two  years  after  any 
land  is  taken  or  purchased  for  a  park  or  square  under 
this  act  the  board  of  aldermen  of  said  city,  if  in  its 
opinion  any  real  estate  in  said  city  receives  any  benefit 
and  advantage  from  such  taking  or  purchasing,  or  from 
the  locating  and  laying  out  of  a  park  or  square  under 
this  act,  beyond  the  general  advantages  to  all  real  estate 
in  said  city,  may  adjudge  and  determine  the  value  of  such 
benefit  and  advantage  to  any  such  real  estate,  and  may 
assess  upon  the  same  a  proportional  share  of  the  cost  of 
land  so  purchased  or  taken,  and  of  the  expense  of  laying 
out,  grading  and  making  such  park  or  square  ;  but  in  no 
case  shall  the  assessment  exceed  one  half  of  the  amount 
of  such  adjudged  benefit  and  advantage. 

Section  4.  Assessments  made  under  the  preceding 
section  shall  constitute  a  lien  upon  the  real  estate  so 
assessed,  and  shall  be  collected  and  enforced,  with  the 
same  rights  to  owners  to  surrender  their  estates,  and  the 
same  proceedings  thereupon,  and  with  the  same  rights 
of  and  proceedings  upon  appeal,  as  are  provided  by  chap- 
ter fifty-one  of  the  Public  Statutes. 

Section  5.  The  board  of  aldermen  of  said  city  shall 
have  authority  to  issue  from  time  to  time,  and  to  an 
amount  not  exceeding  the  amount  actually  expended  for 
the  purchase  or  taking  of  lands  for  said  parks  and  squares, 
bonds  or  certificates  of  debt,  to  be  denominated  on  the 
face  thereof,  Public  Park  Loan,  and  to  bear  interest  at 
such  rates  and  to  be  payable  at  such  periods  as  said  board 
may  determine.  Said  board  shall  establish  a  sinking 
fund  for  the  pa3^ment  of  said  loan,  and  there  shall  be 
l)aid  into  said  sinking  fund  all  sums  received  for  better- 
ments under  the  provisions  of  section  three,  and  such 
further  sums  raised  by  taxation  from  year  to  year  as  will 
Avith  their  accumulations  extinguish  said  debt  at  its 
maturity. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2,  1898. 


Acts,  1898.  —  Chaps.  270,  271.  199 

An  Act  relative  to   the  election  of  selectmen  in  the  town  f^Jfrir)  270 

OF   KEVEUE.  ^' 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  board  of  selectmen  of  the  town  of  Election  of 

--_  IP  selectmen  in 

Kevere  shall  hereaiter  be  composed  oi  one  member  at  Revere, 
large  and  one  member  from  each  of  four  voting  precincts 
into  which  the  town  shall  be  divided,  who  shall  be  elected 
as  follows  ;  —  The  member  at  large  shall  be  elected  by 
the  qualified  voters  of  the  entire  town  for  the  term  of 
one  year,  and  each  of  the  other  members  shall  be  elected 
for  the  term  of  one  3' ear  by  and  from  the  qualified  voters 
of  the  voting  precinct  in  which  he  resides. 

Section  2.  The  question  of  the  acceptance  of  this  act  ^J^^^ance^to 
shall  be  submitted  to  the  voters  of  said  town  at  the  be  submitted  to 
annual  state  election  in  the  present  year ;  and  there  shall 
be  printed  on  the  ballots  used  at  said  election  the  follow- 
ing question  :  —  "  Shall  the  act  passed  by  the  general 
court  in  the  year  eighteen  hundred  and  ninety-eight 
entitled,  '  An  Act  relative  to  the  election  of  selectmen  in 
the  town  of  Revere',  be  accepted?"  and  the  afiirmative 
votes  of  a  majority  of  those  voting  thereon  shall  be  re- 
quired for  its  acceptance. 

Section  3.  So  much  of  this  act  as  authorizes  the  sub-  when  to  take 
mission  of  the  question  of  its  acceptance  to  the  voters  of 
said  town  shall  take  effect  upon  its  passage ;  and  if 
accepted  as  provided  in  the  preceding  section  this  act 
shall  take  full  effect  on  the  day  of  the  annual  town  elec- 
tion in  said  town  next  following  said  acceptance,  and  at 
said  election  a  board  of  selectmen  shall  be  chosen  as  pro- 
vided in  section  one.  Approved  April  2,  1898. 

An  Act  to  authorize  fire  district  numher  one  of  the  town 
of  greenfield  to  extend  its  limits. 

Be  it  enacted,  etc.,  asfollotos: 

Section  1.     Fire  District  Number   One  of  the  town  Fire  BiHtrict 
of  Greenfield  is  hercl)y  authorized  to  extend  the  limits  of^oreeniield 
of  said  district  as  follows  :  — Beginning  at  the  mouth  of  IS.""""^'** 
Th<)m])son  brook,  so-called,  on  the  westerly  side  of  Green 
rivor,  in  the  present  l)()undary  line  of  the  district,  thence 
north,  seventy-five  degrees  forty-five  minutes  west,  eight- 
een   hundred  sixty-three  feet  to  a  stone  bound  marked 
F.    D.  ;    thence    south,   twenty-five    degrees    fifty-three 


Chap.271 


200 


Acts,  1898.  — Chap.  272. 


Fire  District 
Number  One 
of  Greenfield 
may  extend  its 
limits. 


When  to  take 
effect. 


liepeal. 


minutes  west,  thirty-two  hundred  sixty-two  feet  to  a 
stone  bound  marked  F.  D.  on  the  former  boundary  line 
])etween  Greenfield  and  Deerfield  ;  thence  south,  seventy 
degrees  seven  minutes  east,  forty-six  hundred  sixty-three 
feet  to  a  stone  bound  marked  F.  D.  ;  thence  south,  thirty- 
one  degrees  twenty-live  minutes  east,  nineteen  hundred 
seventeen  feet  to  a  stone  bound  marked  F.  D.  on  or  near 
the  westerly  line  of  Meridian  street;  thence  south,  fifty- 
five  degrees  seventeen  minutes  east,  thirty-five  hundred 
eighty-two  feet  to  the  centre  of  the  westerly  end  of  the 
middle  pier  of  the  Boston  and  Maine  Railroad  bridge  in 
the  middle  of  the  Deerfield  river ;  thence  following  the 
middle  of  the  river  down  stream  about  eleven  hundred 
fifty  feet ;  thence  north,  eleven  degrees  eight  minutes 
east,  about  twenty-two  hundred  feet,  passing  through 
the  centre  of  the  dry  bridge  on  the  Fitchburg  railroad 
over  the  highway  running  by  the  house  of  Robert  Aber- 
crombie,  to  the  southerly  end  of  Rocky  Mountain,  called 
Sachem's  Head ;  thence  following  the  crest  of  Rocky 
Mountain  northerly  about  twenty-four  hundred  feet  to 
the  present  southeasterly  corner  of  the  fire  district,  being 
on  the  former  boundary  line  between  Greenfield  and 
Deerfield ;  thence  on  the  present  southerly  and  westerly 
boundary  lines  of  the  fire  district  to  the  place  of  beginning. 

Section  2.  This  act  shall  take  efiect  when  the  same 
shall  have  been  accepted  by  vote  of  the  legal  voters  of 
said  fire  district  at  a  meeting  duly  called  for  that  purpose. 

Section  3.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed,      xipproved  April  2,  1898. 


rjhnvy  272   ^^   ^^^  '^^  AUTHORIZE  THE  ESTABLISHMENT  OF  A   PUBLIC  LI(5IITING 

PLANT  IN   THE   TOWN   OF   TEMPLETON. 


Baldwinville 
Klectric  Lii^iit 
I)i»trict  eslal). 
lished. 


Be  it  enacted^  etc.,  asfolloivs: 

Section  1 .  That  portion  of  the  territory  of  the  town 
of  Templeton  which  is  included  in  the  voting  precincts 
numbered  three  and  four  as  now  defined  upon  the  records 
of  said  town  is  hereby  constituted  a  district  for  the  pur- 
pose of  providing  said  town  and  said  district  and  their 
inhabitants  with  electric  light  and  power,  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties,  re- 
strictions and  liabilities  of  towns  authorized  to  manu- 
facture and  sell  electricity  for  light  and  power,  so  far  as 
the  same  may  be  applicable  to  said  district  and  not  incon- 


Acts,  1808.  — Chap.  272.  201 

sistent  with  the  provisions  of  this  act.     Said  district  shall 
be  known  as  the  Baldwinville  Electric  Light  District. 

Section  2.  In  order  to  meet  the  expenses  of  estab-  Tempieton 
lishing  an  electric  plant  as  aforesaid  said  district  may  District  Loin! 
issue  bonds,  notes  or  certificates  of  debt,  to  be  denomi- 
nated on  the  face  thereof,  Tempieton  Electric  Light  Dis- 
trict Loan,  to  an  amount  not  exceeding  five  per  cent,  of 
llie  valuation  of  the  estates  in  said  district,  which  indebt- 
edness shall  be  subject  to  all  provisions  of  general  law 
relating  to  similar  indebtedness  of  towns,  so  far  as  the 
same  are  applicable  thereto  and  not  inconsistent  with  this 
act. 

Section  3.     If  said  district  shall  establish  a  plant  for  May  purchase 
the  distribution  of  electricity  without  a  })lant  for  manu-  power?''^  "'^ 
facturing  the  same  it  may  purchase  electricity  from  any 
person  or  corporation,  or  may  purchase  power  from  any 
person  or  corporation  for  the  operation  of  its  dynamos. 

Section  4.     The  first  meeting  of  the  voters  of  said  Meetings  of 

,      ^  ,  voters  or 

district  for  the  purpose  of  taking  action  hereunder  shall  district. 
be  called  by  the  selectmen  of  the  town  of  Tempieton  in 
the  same  manner  as  town  meetings  are  called,  and  if  said 
selectmen  unreasonably  refuse  or  neglect  to  call  such  meet- 
ing any  justice  of  the  peace  may  call  the  same.    All  sub- 
sequent meetings  of  the  voters  of  said  district  for  any 
purpose   connected  with  this  act  shall  be  called  by  the 
prudential  committee  hereinafter  mentioned,  in  the  same 
manner  as  town  meetings  are  called.     At  all  such  meet- 
ings a  moderator  shall   be   chosen,  who   shall  have  the 
powers  of  a  moderator  at   a  town  meeting.     If  at  the  Prudential 
second  meeting  of  the  voters  of  said  district  it  shall  be  ci'e"rk"t"bt''°'^ 
decided  to  accept  the  provisions  of  this  act  a  prudential  '=^°^'^°- 
committee  shall  be  chosen  and  a  clerk,  and  thereafter- 
wards  said  committee  and  clerk  shall  be  chosen  annually. 
The  ])rudential  committee  shall  have  the  same    powers  Powers  and 
and  be  subject  to  the    same    duties    and   obligations  as  '*""^''- 
selectmen  of  towns  with  respect  to  electric  light  plants 
owned   and   maintained  by  towns.     The   clerk  shall   be 
sworn  and  shall  keep  a   record  of  the  meetings  of  the 
district  and  of  the  prudential  committee,     A   manager  Manager  to  be 
of  electric  light  shall    be  appointed   by  the    prudentiaK^P°'°'"'*' "'•=• 
committee,  and  shall  have  all  the  powers  and  shall  be 
subject  to  all  the  duties  of  the  officer  named  in  section 
eight  of  chapter  three  hundred  and  seventy  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-one.     All  said 


202 


Acts,  1808.  —  Chap.  27^. 


District  may 
adopt  by-laws, 
etc. 


officers  shall  hold  their  offices  for  one  year  and  until 
others  are  chosen  and  qualified  in  their  stead. 

Section  5.  Said  district  may  adopt  by-laws  to  define 
the  manner  of  callino;  and  conductino;  meetings  of  the 
voters  in  said  district,  and  with  respect  to  the  main- 
tenance, operation  and  business  of  said  plant.  Said  dis- 
trict may  sue  and  be  sued  in  the  name  of  its  inhabitants. 
^i.fhmily^u'if-  Section  6.  Said  district  shall  not  exercise  the  author- 
out  approval  of  jty  conferred  in  this  act  until  after  a  vote  that  it  is  expe- 

voters.  ■*■ 

dient  to  exei;cise  such  authority  shall  have  been  passed 
by  the  voters  of  said  district  at  two  district  meetings,  as 
required  by  section  three  of  said  chapter  three  hundred 
and  seventy  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one.  Approved  April  2,  1898. 


Chap.21S 


Trustees  of 
the  Ayer  Home 
incorporated. 


Vacancy,  etc. 


May  receive 
and  hold  in 
IruHt  certain 
real  and  |)er- 
Bonal  estate,  etc, 


An  Act  to  incorporate  the  trustees  of  the  ayer  home. 
Be  it  enacted^  etc.,  as  follows: 

Section  1.  Jacob  Rogers,  Edward  T.  Rowell,  Moses 
G.  Parker,  Frederick  Lawton,  Charles  H.  Coburn  and 
their  successors,  are  hereby  made  a  corporation  by  the 
name  of  the  Trustees  of  the  Ayer  Home,  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties,  re- 
strictions and  liabilities  of  corporations  organized  under 
chapter  one  hundred  and  fifteen  of  the  Pul)lic  Statutes 
and  acts  in  amendment  thereof  and  in  addition  thereto, 
except  as  herein  otherwise  provided.  Any  vacancy  caused 
by  the  death  or  resignation  of  a  trustee  shall  be  filled  by 
the  remaining  trustees,  and  on  the  refusal  or  inability  of 
any  trustee  to  act,  continued  for  one  year,  the  remaining 
trustees  may  by  a  two  thirds  vote  declare  his  place  vacant, 
and  the  vacancy  shall  be  filled  as  in  case  of  a  vacancy 
caused  by  death  or  resignation.  The  trustees  shall  make 
such  rules  as  to  their  organization,  meetings  and  conduct 
of  l)usiness  as  they  deem  best,  and  may  define  what  shall 
be  deemed  a  refusal  or  an  inability  of  a  trustee  to  act, 
within  the  meaning  of  this  section.  No  trustee  shall  re- 
ceive any  pecuniary  compensation  for  his  services. 

Section  2.  Said  corporation  may  receive  and  hold  in 
trust  for  the  benefit  of  the  Ayer  Ilome,  which  is  to  be 
maintained  for  the  ])encfit  and  welfare  of  young  women 
and  children,  real  and  personal  estate  to  an  amount  not 
exceeding  five  hundred  thousand  dollars,  including  the 
property  which  may  be  conveyed  to  it  under  the  provi- 
sions of  this  act.     The  Ayer  Home  for  Young  Women 


Acts,  1898.  — Chap.  274.  203 

and  Children,  a  corporation  organized  under  the  general 
laws  of  this  Commonwealth  and  located  at  Lowell,  may 
convey  to  the  corporation  herein  created  all  its  real  and 
personal  estate.  If  at  a  special  meeting  of  the  Ayer 
Home  for  Young  Women  and  Children,  duly  called  for 
said  purpose,  it  shall  vote  to  accept  the  provisions  of  this 
act,  and  shall  vote  to  convey  all  its  real  and  personal  estate 
to  the  corporation  hereby  created,  the  clerk  of  the  Ayer 
Home  for  Young  Women  and  Children  shall  forthwith 
file  with  the  secretary  of  the  Commonwealth  a  sworn  cer- 
tificate of  said  votes,  and  shall  cause  to  be  recorded  a 
copy  of  said  certificate  in  the  registry  of  deeds  for  the 
northern  district  of  Middlesex  county. 

Section  3.     Upon  the  acceptance  of  this  act  and  the  Ayer  Home  for 
conveyance  of  its  real  and  personal  estate  by  the  Ayer  and"cfhiid?e^To 
Home  for  Young  Women  and  Children,  and  the  filing  bedisboived. 
of  the  certificate   with   the    secretary  of  the    Common- 
wealth, and  the   recording   of  a    copy  of  the    same  as 
aforesaid,  the  said   corporation    shall   by  force   of  this 
act  be  dissolved.     The  corporation  hereby  created  shall  ^^l^^^^'  '^«^''^*'^t 
thereupon  be  responsible  for  all  debts  and  contracts  of 
the  dissolved  corporation,  and  thereafter  all  gifts,  grants, 
devises  and  bequests,  and  all  payments  due  to  the  Ayer 
Home  for  Young  Women  and  Children,  shall  be  vested 
in  the  said  Trustees  of  the  Ayer  Home. 

Section  4.  The  trustees  shall  keep  all  the  property  investment  of 
and  estate  invested  in  good,  safe  and  income-yielding  eltXretc"" 
stocks,  bonds,  mortgages  of  real  estate,  or  other  prop- 
erty or  securities  in  which  trustees  are  authorized  to  in- 
vest trust  funds  under  the  laws  of  this  Commonwealth, 
and  may  expend  the  income  only,  and  in  no  event  the 
principal  thereof  or  any  part  of  it,  for  the  use  and  benefit 
of  the  said  Ayer  Home. 

Section  5.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  the  Ayer  Home  for  Young  Women  and  Children, 
as  })rovidcd  in  section  two,  and  upon  its  compliance  with 
tlie  other  i)rovisions  contained  in  said  section  two,  and 
not  otherwise.  Ajij^roved  Ax>ril  2,  1898. 


effect. 


Ghap.214 


An  Act  making  an  appropriatiox   for  current  expenses  at 
the  massachusetts  hospital  for  epileptics. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     A  sum  not  exceeding  twenty-five  thousand  Massachusetta 

'^  '   .  ,  /•      1        BOHpital  for 

dollars    is    here]>y    appro[)riated,  to  be  paid  out  of  the  epueptios. 


204 


Acts,  1898.  —  CiiAr.  275. 


treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
for  the  purpose  of  meeting  current  expenses  at  the  Mas- 
sachusetts hospital  for  epileptics,  during  the  year  ending 
on  the  thirty-first  day  of  December  in  the  year  eighteen 
hundred  and  ninety-eight. 

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

Approved  April  2,  1898. 


ChClV.2i75  -^^  ^^^  '^^   PROVIDE   FOR  THE   WIDENING  OF  RUTHERFORD  AVENUE 
AND   DEVENS   AND   BOW   STREETS   IN   THE   CITY   OF   BOSTON. 


Widening  of 
certain  streets, 
etc.,  in  the  city 
of  Boston. 


City  treasurer 
to  issue  notes 
bonds,  etc 


Proviso. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  street  commissioners  of  the 
city  of  Boston  shall  prepare  a  plan  for  widening  Ruther- 
ford avenue  between  Chapman  street  and  Devens  street, 
and  for  widening  Devens  street  l)etween  Rutherford 
avenue  and  Washington  street,  and  for  widening  Bow 
street  between  Washington  street  and  City  square,  and, 
if  it  deems  proper,  for  extending  Bow  street  to  Front 
street,  so  as  to  provide  a  better  thoroughfare  for  teaming 
and  for  other  purposes  between  the  junction  of  Chapman 
street  and  Rutherford  avenue,  and  City  square  and  the 
Charles  River  bridges,  said  plan  to  be  subject  to  the 
approval  of  the  mayor  of  said  city. 

Section  2.  After  said  plan  has  been  so  prepared  and 
approved  the  treasurer  of  said  city  shall,  from  time  to 
time,  on  the  request  of  the  mayor,  in  order  to  provide 
for  meeting  the  expenses  of  such  widening,  issue  notes, 
bonds  or  scrip  of  said  city  to  the  amount  specified  in 
such  request,  for  a  term  not  exceeding  twenty  years  from 
the  date  thereof:  2)7^ovided,  that  the  sum  total  of  such 
amounts  shall  not  exceed  the  sum  of  two  hundred  thou- 
sand dollars.  Such  notes,  bonds  or  scrip  shall  be  within 
the  debt  limit ;  shall  be  negotiable ;  shall  bear  interest 
payable  semi-annually  ;  shall  be  registered  or  with  in- 
terest coupons  attached,  and  shall  be  sold  and  disposed 
of  in  such  manner,  at  such  times,  at  such  i)rices,  in  such 
amounts  and  at  such  rates  of  interest  not  exceeding  five 
per  cent,  per  annum,  as  said  treasurer  may  determine. 
In  case  the  estimated  expense  of  making  all  of  the  street 
changes  shown  on  such  plan  as  determined  ])y  said  board 
exceeds  the  sum  of  two  hundred  thousand  dollars  the 
work  of  making  such  changes  shall  begin  at  the  junction 
of  Rutherford  avenue  and  Chapman  street,  and  shall  be 


Acts,  1898.  —  Chaps.  276,  277.  205 

continued  from  that  point  in  the  direction  of  City  square 
as  far  as  the  expenses  of  the  same  can  be  met  within  the 
amount  of  the  loan  herein  authorized. 

Section  3.     This  act  shall  take  eft'ect  upon  its  accept-  when  to  take 
ance  by  the  city  council  of  the  city  of  Boston. 

Approved  April  2,  1898. 


effect. 


0^0^.276 


An  Act  to  authorize  the  city  of  fall  river  to  incur  in- 
debtedness BEYOND  THE  LIMIT  FIXED  BY  LAW,  FOR  SEWERAGE 
PURPOSES. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.     The  city  of  Fall  River,  for  the  purpose  May  incur  in- 
of  extending  the  sewer  outlets  at  the  foot  of  Cove  street,  beyond  debt 
Odd  street  and  Ferry  street  into  Taunton  river  at  said  b^ndsretc! 
city,  may  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  exceeding  thirty  years  from  the  date  thereof, 
and  shall  bear  such  rate  of  interest,  as  the  city  council 
shall  determine.     Any  sum  which  may  remain  after  the 
construction  of  the  outlets  as  herein  provided  may  be 
used  for  the  extension  of  the  sewerage  system  of  said 
city.    Except  as  herein  otherwise  provided  the  provisions  p.  s.  29,  etc., 
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  au- 
thorized and  to  the  securities  issued  therefor. 

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

Approved  Ajiril  2,  1898. 

An  Act  relative   to   the  labor   of  prisoners  in  jails  and  nj^f,^  0'7'7 

HOUSES   of  correction.  "' 

Be  it  enacted^  etc. ,  as  folloios  : 

Section  1.     The  receipts  from  the  labor  of  prisoners  Receipts  from 

.     .1  1  /,  x-'  j.1,111        labor  of  prison- 

m  a  jail  or  house  or  correction  in  any  county  shall  be  ers  to  be  paid 
paid  into  the  county  treasury  each  month ;  and  so  much  ireag^°y"e*ach 
of  said   receipts   as  may  be   needed  for  the  purpose  is  month,  etc. 
hereby  appropriated  for  the  payment  of  the  expenses  of 
maintaining  the  industries  in  said  jail  or  house  of  correc- 
tion.    Payment  of  said  expenses  shall  be  made  by  the 
county  treasurer  only  upon  schedules  duly  approved  as 
required  by  chapter  four  hundred  and  forty-seven  of  the 


206  Acts,  1898.  —  Chap.  278. 

acts  of  the  year  eighteen  hundred  and  eighty-seven  relat- 
ing to  the  labor  of  prisoners,  and  acts  in  amendment 
thereof  and  in  addition  thereto. 

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

Approved  April  2,  1898. 

Chap.2i7S  ^^   -^^^    '"'^    CHANGE    THE    HARBOR    LINES    AND    PROVIDE   FOR  THE 
IMPROVEMENT  OF   SOUTH    BAY   IN   THE   CITY   OV   BOSTON. 

Be  it  enacted,  etc.,  as  folloios : 

somhbayTBoB.  Section  1.  The  harbor  lines  m  South  bay  in  the  city 
ton,  changed,  of  BostoH  are  hereby  changed  and  established  as  follows  : 
—  Beginning  at  a  point  on  the  southerly  side  of  Dover 
Street  bridge,  which  point  is  distant  one  hundred  and 
eighty-three  feet  southeasterly  from  the  southeasterly 
side  line  of  All)any  street ;  thence  running  southwesterly, 
parallel  with  said  side  line,  nine  hundred  feet ;  thence 
running  southwesterly,  a  little  more  westerly,  about  five 
hundred  and  fifty-five  feet,  to  a  point  which  is  distant 
three  hundred  and  seventy  feet  southeasterly  from  the 
northwesterly  side  line  of  Albany  street,  measuring  at 
right  angles  to  said  side  line  from  a  point  therein  six 
hundred  and  twenty-seven  feet  northeasterly  from  the 
northeasterly  side  line  of  Wareham  street ;  thence  run- 
ning southwesterly,  still  more  westerly,  about  sixteen 
hundred  and  fifteen  feet,  to  a  point  which  is  distant  three 
hundred  and  fifty -three  feet  southeasterly  from  said  north- 
westerly side  line  of  ADmny  street,  measuring  at  right 
angles  to  said  side  line  from  the  point  of  its  intersection 
with  the  southwesterly  side  line  of  East  Brookline  street ; 
thence  running  southwesterly,  still  more  westerly,  five 
hundred  feet,  to  a  point  which  is  distant  three  hundred 
and  forty  feet  southeasterly  from  said  northwesterly  side 
line  of  Albany  street,  measuring  at  right  angles  thereto ; 
thence  running  southeasterly  one  hundred  feet  at  right 
angles  to  the  harbor  line  last  described  ;  thence  running 
northeasterly,  about  four  hundred  and  thirty-five  feet,  to 
a  point  which  is  distant  four  hundred  and  fifty-five  feet 
southeasterly  from  said  northwesterly  side  line  of  Albany 
street,  measuring  at  right  angles  to  said  side  line  from  a 
point  therein  sixty-five  feet  southwesterly  from  the  south- 
westerly side  line  of  East  Brookline  street ;  thence  run- 
ning southeasterly,  parallel  with  the  northerly  side  line 
of  Swett  street,  about  thirteen  hundred  and  fifty  feet  to 
a  point  which  is  distant  five  hundred  feet  northwesterly 


Acts,  1898.  —  Chap.  278.  207 

from  the  northwesterly  side  line  of  the  location  of  the 
New  England  railroad,  measuring  at  right  angles  to  said 
side  line  ;  thence  rmining  northeasterly  nineteen  hundred 
and  seventy-three  feet,  in  a  straight  line  which,  for  the 
first  six  hundred  and  twenty  feet,  more  or  less,  is  parallel 
with  and  five  hundred  feet  northwesterly  from  said  side 
line  of  said  railroad  location  ;  thence  running  northerly 
ahout  three  hundred  and  one  feet  to  a  point  which  is  dis- 
tant eight  hundred  and  thirty-three  feet  southeasterly 
from  the  southeasterly  side  line  of  Albany  street,  measur- 
ing at  right  angles  thereto,  and  is  also  distant  six  hun- 
dred and  eighty  feet  southerly  from  the  southerly  side  of 
Dover  Street  bridge,  measuring  from  a  point  thereon  six 
hundred  and  five  feet  southeasterly  from  said  southeasterly 
side  line  of  Albany  street ;  thence  running  northerly  six 
hundred  and  eighty  feet  to  said  point  on  the  southerly 
side  of  said  bridge. 

Section  2.  No  wharf,  pier,  wall,  filling  or  other  struct-  Bwiiding  of 
ure  or  work,  shall  hereafter  be  built  or  extended  in  said  Ttct'iestricted. 
South  bay  beyond  the  harbor  lines  aforesaid ;  nor  shall 
any  structure  be  built  or  filling  done  inside  said  harbor 
lines  and  below  the  present  high  water  mark  in  said  bay, 
without  authority  or  license  therefor  first  duly  obtained 
under  and  subject  to  the  provisions  of  chapter  nineteen 
of  the  Public  Statutes. 

Section  3.    For  the  purpose  of  improving  the  facilities  Harbor  and 

/.  -J-  •  •!!  T     J^  'J  Ti-  laud  commis- 

lor  navigating  m  said   bay  and  the  sanitary  conditions  sioners  may 
thereof  the  board  of  harbor  and  land  commissioners  may  dledg1ng°ind 
from  time  to  time,  by  contract  or  otherwise,  excavate  the  ^^^^s,  etc 
whole  or  any  portion  of  the  area  lying  between  the  harbor 
lines  hereinbefore  established,  to  such  depths  as  it  may 
determine,  and  the  excavated  material  may  be  used  for 
filling  the  flats  in  South  bay.     The  board  may  also  ex- 
pend for  dredging  and  filling  as  aforesaid  any  moneys 
received  as  compensation  for  displacement  of  tide  water 
in  said  bay  :  jwovided^  however,  that  whenever  the  owner  Proviso. 
or  owners  of  the  land  and  flats  so  filled  shall  pay  all  the 
expense  incurred  by  the  Commonwealth  under  any  con- 
tract for  the  dredging  and  filling  aforesaid  no  charge  shall 
be  made  for  tide  water  displaced  by  such  filling.    All  con- 
tracts made  by  the  board  shall  be  subject  to  approval  by 
the  governor  and  council. 

Section  4.     Any  person  sufiering  injury  by  the  doings  Damages. 
hereinbefore  authorized  may  have  the  same  determined 


208 


Acts,  1898.  — Chap.  279. 


Flow  or 
drainage  not  to 
be  obstructed, 
etc. 


Repeal,  etc. 


in  the  superior  court  for  the  county  of  Suffolk  in  the 
manner  provided  for  the  recovery  of  damages  sustained 
by  reason  of  the  hiying  out  of  ways,  provided  the  peti- 
tion shall  be  filed  in  said  court  within  a  year  after  the 
right  of  action  accrues. 

Section  5.  No  structure  shall  be  built  or  filling  or 
other  work  done  in  any  portion  of  said  South  bay  below 
the  present  high  water  mark  thereof,  whereby  the  exist- 
ing; flow  or  drainage  of  surface  or  other  waters  in  or  into 
and  through  said  bay  towards  the  sea  is  cut  off  or  ob- 
structed, without  first  making  such  other  provision  for 
such  flow  or  drainage  as  shall  be  approved  by  said  board 
of  harbor  and  land  commissioners  and  the  city  engineer 
of  the  city  of  Boston. 

Section  6.  Chapter  three  hundred  and  nine  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-one  is 
hereby  repealed,  and  all  harbor  lines  heretofore  estab- 
lished in  said  South  bay,  so  far  as  they  differ  from  those 
established  by  this  act,  are  hereby  annulled. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Apjyroved  April  2,  1898. 


ChcL7).'2tJ^  An  Act  to  incorporate  the  providence  and  taunton  street 

RAILWAY   COMPANY. 


Providence  and 
Taunton  Street 
Railway  Com- 
pany incor- 
porated. 


May  construct, 
etc.,  Hh  railway 
In  the  city  of 
Taiiuton  and 
certain  towns. 


Be  it  enacted^  etc.,  as  follows : 

Section  1.  James  F.  Shaw,  Bertram  Sumner,  George 
A.  Butman,  Edward  P.  Shaw,  Junior,  and  N.  Sumner 
Myrick,  their  associates  and  successors,  are  hereby  made 
a  corporation  under  the  name  of  the  Providence  and 
Taunton  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  rail- 
way companies. 

Section  2.  Said  company  may  locate,  relocate,  con- 
struct, maintain  and  operate  its  railway  in  such  manner 
as  may  be  convenient  and  necessary,  in  part  upon  land 
outside  of  the  public  streets  and  highways,  leased  or  pur- 
chased for  the  purpose,  and  upon  streets,  highways  or 
state  roads,  in  the  city  of  Taunton  and  towns  of  Digh- 
ton,  Seekonk  and  Kehoboth,  subject  to  the  approval  and 
under  the  control  of  the  board  of  aldermen  of  said  city 
and  the  selectmen  of  the  respective  towns,  as  provided 


Acts,  1898.  — Chap.  279.  209 

b}'  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  public  streets  Location. 
and  highway's  shall  not  exceed  fifty  feet  in  width,  and  no 
such  location  shall  be  authorized  until  the  said  aldermen 
and  selectmen  give  to  the  company  their  written  approval 
thereof. 

Sections.     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  lands  outside 
the  public  streets  and  highways,  subject  to  the  provisions 
of  the  preceding  section,  and,  with  the  consent  of  the 
board  of  aldermen  in  said  city  and  of  the  selectmen  in 
the  respective  towns,  may  erect  such  poles  and  wires  in 
the  streets  and  highways  as  may  be  necessary  to  estab- 
lish and  maintain  such  motive  power.     It  may  acquire  May  acquire 
by  purchase  or  by  lease  all  necessary  real  estate  for  its  e^tTie?'^  '^^ 
power  stations  and  other  uses  incidental  to  the  proper 
maintenance  of  its  railway. 

Section  4.     The  capital  stock  of  said  company  shall  Capital  stock. 
not  exceed  one  hundred  and  fifty  thousand  dollars,  except 
that  said  company  may  increase   or  decrease  its  capital 
stock,  subject  to  the  provisions  of  the  general  laws  rela- 
tive thereto. 

Section  5.  Said  company,  in  order  to  meet  expenses  May  issue 
incurred  under  this  act,  may  issue  Iwnds  not  exceeding  "J'udfl'ltc. 
the  amount  of  its  capital  stock  and  payable  within  a 
period  not  exceeding  twenty  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  mav  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  6.     The  authority  herein  granted  shall  cease  Authority  as  to 
as  to  the  location  in  any  town  where  no  portion  of  the  nnA^rlenaXn''^ 
proposed  road  has  been  built  and  put  in  operation  at  the  conditions. 
end  of  three  years  from  the  passage  of  this  act. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2,  1S98. 


210  Acts,  1898.  —  Chaps.  280,  281,  282. 


ChaD.^SO   -^^  ^^"^  "^^   ESTABLISH  THE  SALARY  OF  THE  JUDGE  OF  PROBATE 
AND  INSOLVENCY  FOR  THE  COUNTY  OF  BERKSHIRE. 

Be  it  enacted,  etc.,  as  folloios : 

"^rob^ftelnd  Section  1.     The  salary  of  the  judge  of  probate  and 

inHoUency,        insolvencj  for  the  county  of  Berkshire  shall  be  twenty- 

couutV.  "         five  hundred  dollars  a  year,  to  be  so  allowed  from  the 

first  day  of  January  in  the  year  eighteen  hundred  and 

ninety-eight. 

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

Approved  April  2,  1898. 

Chaj).2Sl.  ^^  ^^"^  '^^  EXTEND  THE  TIME  "WITHIN  AVHICH  THE  TOWN  OF 
UXBRIDGE  MAY  ACCEPT  THE  ACT  AUTHORIZING  SAID  TOWN  TO 
INCREASE   ITS   AVATER   SUPPLY. 

Be  it  enacted,  etc.,  asfoUoivs: 

i8fl5, 205  §11,  Section  1.  Section  eleven  of  chapter  two  hundred 
and  five  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  follow- 

Time  extended,  ing  ;  —  Seciion  11.  TMs  act  sliall  take  effect  upon  its 
acceptance  by  a  two  thirds  vote  of  the  voters  of  the  town 
of  Uxbridge  present  and  voting  thereon  at  a  legal  town 
meeting  called  for  the  purpose  within  five  years  from  its 
passage ;  but  the  number  of  meetings  so  called  shall  not 
exceed  one  in  each  year  during  the  last  two  of  said  years. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2,  1898. 

Cha7).2S2  "^^     ^^'^     RELATIVE     TO     THE     APPOINTMENT     OF     SPECIAL     POLICE 

OFFICERS    IN    THE    CITY    OF    BOSTON. 

Be  it  enacted,  etc.,  as  folloios: 
Board  of  police       Section  1.     Thc  board  of  police  for  the  city  of  Bos- 

of  Boston  may  '.    .  ^  .         *^      ,   . 

appoint  railroad  tou  Hiay,  subjcct  to  tlic  provisiOHs  of  scctioHS  thirteen 
i«o  ICC,  L  t.  ^^  twenty  inclusive  of  chapter  one  hundred  and  three 
of  thc  Public  Statutes,  appoint  raih-oad  i)olice,  and  may 
ui)on  the  written  application  of  any  officer  or  board  in 
charge  of  a  department  of  the  city  of  Boston,  approved 
])y  the  mayor  of  said  city,  appoint  special  police  officers 
for  such  department. 
Special  police  Sectiox  2.      Said  board  may,  if  it  deems  it  cxi)edicnt, 

oltuers  may  be  ...  '  .  i  •  i 

appointed  in       yn  tlic  ai)i)lication  of  any  corporation  or  i)erson  that  said 


Acts,  1898.  — Chap.  283.  211 

board  may  deem  responsible,  appoint  special  police  officers 
to  serve  without  })ay  from  said  city,  and  the  corporation 
or  person  ap[)lyiui]^  for  an  appointment  under  this  section 
shall  be  liable  for  the  official  misconduct  of  the  officer 
appointed  on  such  a})plication,  as  for  the  torts  of  any 
servant  or  agent  in  the  employ  of  such  corporation  or 
person. 

Section   3.      Every    s]:>ecial    ])olice    officer   appointed  Term  of  office, 

1  ii  •    •  I'    J 1  '  i        1      11  />  1        powers,  etc. 

under  tiie  provisions  oi  this  act  shall  serve  from  the 
time  of  his  appointment  to  the  first  day  of  April  of  the 
year  next  ensuing,  and  shall  have  the  power  of  police 
officers  to  preserve  order  and  to  enforce  the  laws  and 
ordinances  of  the  city  in  and  about  any  park,  public 
ground,  })lace  of  amusement,  place  of  public  worship, 
wharf,  manufactory  or  other  locality  specified  in  the 
ai)})lication.  A  record  of  all  such  appointments  shall 
be  kept  in  the  office  of  said  board,  and  any  appointment 
so  made  may  be  revoked  by  said  board  at  any  time. 

Section  4.  Section  six  of  chapter  two  hundred  and  Repeal,  etc. 
forty-four  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-eight  is  hereby  repealed,  but  any  officer  appointed 
before  this  act  takes  effect  shall  continue  to  perform  the 
duties  of  such  officer  according  to  the  tenure  of  his  ap- 
pointment. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  2,  1S9S. 

An  Act  to  extend  the  time  wituin  which  the  marlborough  (^TjffYt  28S 

AND   WEST150K0UGH   STREET   RAILWAY   COMPANY   MAY   CONSTRUCT  ^  ' 

AND   OPERATE   ITS   RAILWAY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  time  wuthin  which  the  Marlborough  Time  extended, 
and  Westljorough  Street  Railway  Company  is  author- 
ized by  chapter  four  hundred  and  thirty  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-six  to  construct 
and  operate  its  railway  is  hereby  extended  to  the  first 
day  of  Octo])cr  in  the  year  eighteen  hundred  and  ninety- 
nine. 

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

Ajjproved  Apjril  2,  1S98. 


212  Acts,  1898.  — Chaps.  284,  285. 


Ch(lV.2S4:  ^^  ^^"^  "^^  EXEMPT  SCHOOLHOUSES  FROM  CERTAIN  PROVISIONS  OF 
THE  ACT  RELATIVE  TO  THE  ERECTION  OF  BUILDINGS  IN  THE  CITY 
OF   BOSTON. 

Be  it  enacted,  etc. ,  as  follows : 

1892, 419,  §55,  Section  1.  SectioH  fifty-five  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  tlie  year  eigliteen  hundred 
and  ninety-two,  as  amended  by  chapter  two  hundred 
and  eighty  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five,  is  hereby  amended  by  inserting  after  the 
words  "  public  buildings  ",  in  the  eighth  line,  the  Avords  : 
—  except  schoolhouses,  —  and  by  inserting  after  the  word 
"pounds",  in  the  ninth  line,  the  words: — For  floors 
of  schoolhouses,  other  than  the  floors  of  assembly  rooms, 
eighty  pounds  ;  and  for  the  floors  of  assembly  rooms, 
one  hundred  and  fifty  pounds,  —  so  as  to  read  as  follows  : 

Construction  of  —  Sectiou  55.     All  ucw  or  reiiewcd  floors  shall  be  so 

city  of  Boston,  coustructcd  as  to  Carry  safely  the  weight  to  which  the 
proposed  use  of  the  building  will  subject  them,  and  every 
permit  granted  shall  state  for  what  purpose  the  building 
is  designed  to  be  used  ;  but  the  least  capacity  per  super- 

flooTs'^''^"'  ficial  square  foot,  exclusive  of  materials,  shall  be  :  —  For 
floors  of  dwellings,  fifty  pounds.  For  oflice  floors,  one 
hundred  pounds.  For  floors  of  public  buildings,  except 
schoolhouses,  one  hundred  and  fifty  pounds.  For  floors 
of  schoolhouses,  other  than  the  floors  of  assembly  rooms, 
eighty  pounds  ;  and  for  the  floors  of  assembly  rooms,  one 
hundred  and  fifty  pounds.  For  store  floors,  floors  of 
warehouses  and  mercantile  buildings  of  like  character, 
drill  rooms  and  riding  schools,  at  least  two  hundred  and 
fifty  pounds.  The  weight  for  floors  not  included  in  this 
classification  shall  be  determined  by  said  inspector,  sub- 
ject to  appeal  as  provided  by  law. 

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

Apjiroved  April  2,  1S9S. 


(JJia7).2iS5   ^^  ^^^  RELATIVE   TO   THE   LAW   LIBRARIES  IN   THE   CITIES   OF  NEW 
BEDFORD   AND   FALL   RIVER  IN   THE   COCNTY   OF   BRISTOL 

Be  it  enacted,  etc.,  asfollotvs: 

amended  ^^'  SECTION  1.     Scctiou  OHC  of  chapter  four  hundred  and 

twenty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  hereby  amended  by  striking  out  the 
words  "at  the  court  houses  of  the  county  of  Bristol", 


Acts,  1808.  — Chaps.  286,  287.  213 

in  the  first  and  second  lines,  and  inserting  after  the  word 
"River",  in  the  third  line,  the  words:  —  in  the  county 
of  Bristol,  —  so  as  to  read  as  follows  :  —  Section  1.  Law  Law  libraries 
libraries  are  hereby  established  in  the  cities  of  New  Bed-  Lad  fIii  mver. 
ford  and  Fall  River  in  the  county  of  Bristol,  for  the  use 
of  the  courts  and  citizens,  and  there  shall  be  expended 
annually  for  each  of  such  libraries  such  sum,  not  exceed- 
ing one  thousand  dollars  as  may  be  necessary  for  the  pur- 
pose. Such  expenditures  shall  be  made  for  each  of  such 
libraries  by  the  respective  bar  associations  of  the  city 
where  the  library  is  established,  and  such  associations 
shall  respectively  certify  all  such  expenditures  to  the 
county  treasurer,  who  shall  cause  payment  thereof  to 
be  made  from  the  treasury  of  the  county. 

Section  2.     Section  three   of  said  chapter  is  hereby  i894,423,  §3, 
amended  by  striking  out  the  whole  of  said  section  and 
insertino;   in   place   thereof  the  following :  —  Section  3.  suitawe  accom- 

O  A  .       .  O  ^  raodations  to  be 

The  county  commissioners  are  directed  and  required  to  provided. 
provide  suitable  accommodations  for  such   libraries   in 
the  court  houses  or  other  convenient  places  in  said  cities 
respectively.  Approved  April  2,  1898. 


Chap.286 


An  Act  to  provide  for  clerical  assistance  in  the  police 

court  of  lawrence. 
Be  it  enacted,  etc.,  asfolloios: 

Section  1.  The  clerk  of  the  police  court  of  Lawrence  clerical  assist- 
shall  be  allowed  for  clerical  assistance,  upon  the  certiti-  ^"'"'' 
cate  of  the  justice  of  said  court  that  the  work  was  actu- 
ally performed  and  was  necessary,  with  the  time  occupied 
and  the  name  of  the  person  by  whom  the  work  was  per- 
formed, such  sums  not  exceeding  five  hundred  dollars  per 
year,  as  the  county  commissioners  for  the  county  of  Essex 
by  a  writing  signed  by  them  may  approve.  Said  sums 
shall  be  paid  monthly  from  the  treasury  of  said  county 
to  the  person  emplo^^ed. 

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

Approved  Ajjril  2,  1898. 

A\  Act  to  establish  a  district  court  for    the  county  of  QJian.2S7 

DUKES   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  towns  of  Edgartown,  Cottage  City,  District  court 
Tisburv,  West  Tisbury,  Chilmark,  Gay  Head  and  Gos-  county 
nold,  shall  constitute  a  judicial  district  under  the  juris-  estabiiahed. 


214 


Acts,  1898.  — Chap.  288. 


JuBtlceB. 


Certain  pro- 
visions of  law 
to  apply. 

First  session, 
etc. 


diction  of  a  court  to  be  called  the  district  court  of  Dukes 
County.  Said  court  shall  be  held  in  the  town  of  Cottage 
City  on  Saturday  of  each  alternate  week,  and  at  Edgar- 
town  and  Tisbury  alternately  in  the  intervening  weeks, 
and  at  such  other  times  and  places  within  said  district 
as  the  justice  thereof  may  by  general  rule  determine  ; 
and  shall  also  be  held  at  all  other  times  required  by  law 
or  by  such  general  rule  in  the  towns  of  Cottage  City, 
Edgartown  and  Tisbury. 

Section  2-.  There  shall  be  one  justice  and  two  special 
justices  of  said  court.  The  justice  shall  receive  from  the 
county  of  Dukes  County  an  annual  salary  of  five  hun- 
dred dollars. 

Section  3.  All  provisions  of  law  applicable  to  dis- 
trict courts  shall  apply  to  said  court. 

Section  4.  The  first  session  of  said  court  shall  be 
held  on  the  first  Monday  of  June  in  the  year  eighteen 
hundred  and  ninet^'-eight,  but  nothing  in  this  act  shall 
afi'ect  any  action  or  proceeding  commenced  prior  to  said 
first  Monday  of  June. 

Section  5.     This  act  shall  take  efiect  upon  its  passage. 

Approved  April  2,  189S. 


Q/iajy^^SS  ^^    -^^'^    '^^    LEGALIZE    CERTAIN    PROCEEDINGS    OF    THE    TOWN     OF 

BECKET. 


Proceedinsrs  of 
town  meeting  of 
Becket 
legalized. 


Certain  votes 
passed  con- 
tirraed,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  proceedings  of  the  town  meeting  of 
the  town  of  Becket  held  on  the  twenty-third  day  of  May 
in  the  year  eighteen  hundred  and  ninety-seven  shall  not 
be  invalid  l)y  reason  of  the  omission  to  use  the  check 
list  at  said  meeting,  nor  by  reason  of  the  votes  passed 
at  said  meeting  not  being  taken  by  ballot,  as  required 
by  the  provisions  of  section  forty-six  of  chapter  one 
hundred  and  twelve  of  the  Public  Statutes. 

Section  2.  The  action  of  said  town  at  said  town 
meeting  in  agreeing  to  subscribe  for  stock  of  the  Chester 
and  Becket  Kailroad  Company  to  the  amount  of  three 
thousand  dollars,  and  all  votes  passed  at  said  meeting  in 
relation  thereto,  are  hereby  legalized  and  confirmed,  not- 
withstanding any  irregularities  in  the  proceedings  of  said 


meeting. 
Section  3. 


This  act  shall  take  effect  upon  its  passage. 
Approved  Ap)ril  2,  1898. 


Acts,  1898.  — Chaps.  289,  290.  215 


An  Act  to  authorize  the  city  of  ltnn  to  borrow  thirty-  Qfidjj  289 

FIVE  THOUSAND  DOLLARS  IN   EXCESS  OF  THE  LIMIT  OF  INDEBTED- 
NESS  FIXED    BY   LAW,   FOR   BUILDING   A    SCHOOLHOUSE. 

Be  it  enacted,  etc.,  asfolloius: 

Section  1.  The  city  of  Lynn,  for  the  purpose  of  ^vr*JJ.^g{^/"" 
erecting  a  school  building  in  ward  six  of  said  city,  may  sciiooUiouHe 
incur  indebtedness  from  time  to  time  to  an  amount  not  vm.' 
exceeding  in  the  aggregate  thirty-five  thousand  dollars 
l)eyond  the  limit  of  indebtedness  fixed  by  law  for  said 
city,  and  for  said  purpose  may  issue  from  time  to  time 
bonds,  notes  or  scrip  not  exceeding  said  amount.  Such 
bonds,  notes  and  scrip  shall  bear  on  their  face  the  words, 
City  of  Lynn  Ward  Six  Schoolhouse  Loan,  Act  of  1898, 
shall  1)0  payable  at  the  expiration  of  periods  not  exceed- 
ing twenty  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  aforesaid, 
upon  such  terms  and  conditions  as  it  may  deem  proper. 
Said  city  shall  provide  at  the  time  of  contracting  said  sinking  fund. 
loan  for  the  establishment  of  a  sinking  fund,  and  shall 
annually  raise  by  taxation  and  contribute  to  such  fund  a 
sum  sufficient  with  the  accumulations  thereof  to  pay  the 
principal  of  said  loan  at  maturity.  Said  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose  ;  and  said 
city  shall  raise  annually  by  taxation  a  sum  sufficient  to 
pay  the  interest  as  it  accrues  on  said  bonds,  notes  and 
scrip. 

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

Approved  April  4,  1898. 

An  Act  making  an  appropriation  for  continuing  the  work  (J]icn)Ji>QO 
OF  exterminating  the  gypsy  moth. 

Be  it  enacted,  etc.,  as  foUotvs : 

Section    1.      The    sum   of  one   hundred    and   eighty  Extermination 
thousand  dollars  is  hereby  appropriated,  to  be  paid  out  motif,  ^^''^^ 
of  the  treasury  of  the  Commonwealth  from  the  ordinary 
revenue,  to  ])e  expended  under  the  direction  of  the  state 
board  of  agriculture,  as  authorized  by  cha[)ter  two  hun- 


216  Acts,  1898.  — Chap.  291. 

dred  and  ten  of  the  nets  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-eight,  said  sum  to  be  in  addition  to  all  other 
amounts  authorized  to  be  expended  for  the  same  purpose. 
Section  2.     This  act  shall  take  eifect  upon  its  passage. 

Approved  April  6",  1898. 

ChaV'^'d^  An  Act  to  provide  for  additional  furniture  for  the  state 

HOUSE. 

Be  it  enacted,  etc.,  as  follows: 
state  House  Section  1.     To  providc   for  additional  furniture  for 

Construction  11  -1  •  1     • 

Loan.  the    state    house   the   treasurer  and  receiver  general  is 

hereby  authorized,  with  the  approval  of  the  governor 
and  council,  to  issue  scrip  or  certificates  of  indebtedness 
to  an  amount  not  exceeding  fifty  thousand  dollars,  for  a 
term  not  exceeding  twenty  years,  the  same  to  be  in  addi- 
tion to  the  State  House  Construction  Loan,  authorized 
by  chapter  three  hundred  and  ninety-four  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-nine  and  chapter 
four  hundred  and  ninety  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five.  Said  scrip  or  certificates  of 
indebtedness  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  April  and  October  in 
each  year,  shall  be  redeemable  at  maturity  in  the  gold 
coin  of  the  United  States  or  its  equivalent,  shall  be 
designated  on  the  face  thereof.  State  House  Construction 
Loan,  shall  be  countersigned  by  the  governor,  and  shall 
be  deemed  a  pledge  of  the  faith  and  credit  of  the  Com- 
monwealth ;  and  said  scrip  or  certificates  of  indebtedness 
shall  be  sold  in  such  instalments  as  the  governor  and 
council  may  determine,  by  public  advertisement  to  the 
highest  bidder,  at  not  less  than  the  par  value  thereof,  or 
in  such  other  manner  as  the  governor  and  council  may 
determine  to  be  for  the  l)est  interest  of  the  Common- 
Sinking  fund,  wealth.  The  sinking  fund  established  by  chapter  three 
hundred  and  ninety-four  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  as  extended  by  chapter  thirty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  ninety-five, 
shall  also  be  maintained  for  the  purpose  of  extinguishing 


Acts,  1898.  — Chap.  292.  217 

bonds  issued  under  the  authority  of  this  act,  and  the 
treasurer  and  receiver  general  shall  apportion  thereto 
from  year  to  year  an  amount  sufficient  with  the  accumu- 
lations of  said  fund  to  extinguish  at  maturity  the  debt 
incurred  by  said  bonds.  The  amount  necessary  to  meet 
the  annual  sinking  fund  requirements  and  to  pay  the 
interest  on  said  bonds  shall  be  included  in  and  be  made  a 
part  of  the  annual  state  tax  levy,  and  any  premium  over 
the  par  value  of  said  bonds  received  from  the  sale  thereof 
shall  form  part  of  the  sinking  fund  for  their  redemption. 
Section  2.     This  act  shall  take  efiect  upon  its  passage. 

Approved  April  6,  1898. 


Chap.292 


An   Act   making   appropriations  for  the  decennial  census, 

FOR    THE     publication     OF    CERTAIN    SPECIAL    LAWS,     AND    FOR 
CERTAIN   OTHER   EXPENSES    AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  sums  hereinafter  mentioned  are  ap-  Appro- 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com-  p"*'''°°*- 
monwealth  from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
to  wit :  — 

For  the  decennial  census,  as  authorized  by  chapter  sixty-  Decennial 
eight  of  the  acts  of  the  present  year,  a  sum  not  exceeding  ''®°*"** 
fifteen  thousand  dollars. 

For  clerical  assistance  in  the  office  of  the  register  of  cie"«:ai 

,  ~  assistance. 

probate  and  insolvency  for  the  county  ot  vV  orcester,  as 
authorized  by  chapter  one  hundred  and  seventeen  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  one  thou- 
sand dollars. 

For  expenses  in  connection  with  a  high-level  sewer  for  sewerfor 
the  Charles  and  Neponset  river  valleys,  as  authorized  by  NeponLTriver 
chapter  four  of  the  resolves  of  the  present  year,  a  sum  """^^^y- 
not  exceeding  thirty  thousand  dollars. 

For  compiling,  indexing  and  publishing  the  records  of  ^cord"*'"""'^^ 
the  Massachusetts  troops  who  served  in  the  Revolutionary 
war,  as  authorized  by  chapter  five  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  six  thousand  dollars. 

For  coinnletinir  tiio  survev  and  settins;  monuments  on  Bountiary  une 
the  boundary  line  between  the  state  of  New  York  and  the  York  and 
Commonwealth  of  Massachusetts,  as  authorized  by  chapter    ^^^^'^  "*^ 
six  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing thirty  five  hundred  dollars. 


218 


Acts,  1898.  — Chap.  292. 


Bonndary  line 
between  Rhode 
Idlaiid  and 
Massachusetts. 


Charles  A. 
Hayden. 


Lemuel  Burr, 


Althea 
Hazzard. 


Index  of  war 
records,  etc. 


Preservation  of 
war  records. 


Timothy 
Crowley, 
administrator. 


John  C. 
Braclienbury. 


Investigation  of 
reliitions 
t)etwi-eii  street 
railways  and 
municipal 
coroorations. 


Committee  on 
armories  and 
state  raiisjes. 


Elijah  S. 
Darling. 


Town  of 
Nantucket. 


For  completing  the  survey  and  setting  monuments  on 
the  boundary  line  between  the  state  of  Rhode  Island  and 
the  Commonwealth  of  Massachusetts,  as  authorized  by 
chapter  seven  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  fifteen  hundred  dollars. 

For  Charles  A.  Hayden,  as  authorized  by  chapter  eight 
of  the  resolves  of  the  present  year,  the  sum  of  twenty- 
live  dollars. 

For  Lemuel  Burr,  as  authorized  by  chapter  ten  of  the 
resolves  of  the  present  year,  the  sum  of  one  hundred  and 
fifty  dollars. 

For  Althea  Hazzard,  as  authorized  by  chapter  eleven 
of  the  resolves  of  the  present  year,  the  sum  of  two  hun- 
dred and  fifty  dollars. 

For  completing  the  index  of  the  war  records  and  re- 
writing the  war  record  books  in  the  ofiice  of  the  adjutant 
general,  as  authorized  by  cha})ter  twelve  of  the  resolves 
of  the  present  year,  the  sum  of  twenty-five  hundred 
dollars. 

To  provide  for  preserving  war  records  in  the  office  of 
the  adjutant  general,  as  authorized  by  chapter  thirteen 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
fifteen  hundred  dollars. 

For  Timothy  Crowley,  administrator,  as  authorized  by 
chapter  fifteen  of  the  resolves  of  the  present  year,  the 
sum  of  one  hundred  ninety-nine  dollars  and  sixty-seven 
cents. 

For  John  C.  B-rackenbury,  as  authorized  by  chapter 
seventeen  of  the  resolves  of  the  present  year,  the  sum 
of  thirty-five  dollars  and  fifty  cents. 

For  expenses  in  connection  with  the  investigation  of  the 
subject  of  the  relations  between  street  railways  and  mu- 
nicipal corporations,  as  authorized  by  chapter  eighteen 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
twenty-five  hundred  dollars. 

For  the  expenses  of  the  committee  to  investigate  and 
report  upon  armories  and  state  ranges,  as  authorized  by 
chapter  nineteen  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  one  thousand  dollars. 

For  Elijah  S.  Darling,  as  authorized  by  chapter  twenty- 
one  of  the  resolves  of  the  present  year,  the  sum  of  six 
hundred  dollars. 

For  the  town  of  Nantucket,  as  authorized  by  chapter 
twenty-two  of  the  resolves  of  the  present  year,  the  sum 
of  forty-seven  dollars  and  twenty  cents. 


Acts,  1898.  — Chap.  293.  219 

For  messengers  and  such  additional  clerical  assistance  Additional 
as  may  be  necessary  in  the  office  of  the  secretary  of  the  asXTance,  etc. 
Commonwealth,  a  sum  not  exceeding  two  thousand  dol- 
lars, the  same  to  be  in  addition  to  the  twenty-two  thou- 
sand dollars  appropriated  by  chapter  seventy-one  of  the 
acts  of  the  present  year. 

For  printing  reports  of  capital  trials,  under  the  direc-  Reports  of 
tion  of  the  attorney-general,  a  sum  not  exceeding  fifteen  *^^^'  '^ 
hundred  dollars. 

For  the  care  and  maintenance  of  the  educational  museum,  Educational 
to  the  tenth  day  of  March  in  the  year  eighteen  hundred  and  "'''*^"™- 
ninetv-eio;ht,  a  sum  not  exceedins;  one  hundred  and  fifty 
dollars. 

For  printing  additional  copies  of  the  report  of  the  attor-  Reponof 
ney-general  for  the  year  eighteen  hundred  and  ninety-seven,  genJraT 
as  authorized  by  chapter  twenty- three  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  three  hundred  and  fifty 
dollars. 

For  the  publication  of  certain  special  laws,  as  author-  Publication  of 
ized  by  chapter  twenty-five  of  the  resolves  of  the  present  ^p^*='^'  '^'*^^- 
year,  a  sum  not  exceeding  five  thousand  dollars. 

For  the  care  of  military  property  in  the  charge  of  the  Care  of  certain 
commander  of  the  naval  brigade,  as  authorized  by  chapter  property. 
one  hundred  and  eighty-three  of  the  acts  of  the  present 
year,  the  sum  of  five  hundred  dollars. 

For  certain  improvements  at  the  Dan  vers  lunatic  hos-  Danyers  lunatic 
pital,  as  authorized  by  chapter  twenty-six  of  the  resolves    °^^'^'' ' 
of  the  present  year,  a  sum  not  exceeding  sixty-five  hun- 
dred and  fifty  dollars. 

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

xippToved  April  6,  1898. 


Chap.29'3 


An  Act  KKLAxrvE  to  the  purchase  and  sale  of  the  property 

OF  THE   MARBLEHEAD   WATER   COMPANY. 

Be  it  enacted,  etc.,  asfoUoics: 

Section  1.     The  Marblehead  Water  Company,  a  cor-  Marbiehead 
poration  estal)lished  by  chapter  one  hundred  sixty-three  pany  may  seii 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-three,  ;\«,7''"^'  "^''•'■ 
may  sell  all  its  water  rights,  estates,  franchises  and  privi- 
leges, or  any  part  thereof,  to  any  person  or  municipal 
or  other  corporation,  notwithstanding  the  provisions  of 
section  nine  of  said  act ;   and  the  town  of  Swampscott  J;^,];',^,^^^^^^ 
is  hereby  authorized  to  purchase  the  same   or  any  part  may  purchase 

1  /•    "  1  J         1  1  I        *i        upon  certain 

thereof  upon  terras  agreed  or  to  be  agreed  upon  by  tne  terms,  etc. 


220 


Acts,  1898.  — Chap.  293. 


May  supply 
itself  with 
water,  etc. 


May  establish 
hydrauts,  etc., 
take  lauds,  etc. 


May  erect 
structures,  lay 
pipes,  etc. 


parties,  and  upon  such  purchase  said  town  shall  become 
entitled  to  all  the  rights  and  privileges  of  said  corpora- 
tion, except  as  otherwise  provided  by  agreement  of  the 
parties.  Any  vote  heretofore  passed  by  a  majority  of  the 
legal  voters  of  the  town  of  Swampscott  present  and  voting 
thereon  at  a  legal  town  meeting  to  purchase  said  property, 
rights,  privileges  and  franchises  of  the  Marblehead  Water 
Company  as  herein  provided,^  or  authorizing  the  selectmen 
to  purchase  the  same,  is  hereby  ratified  as  a  vote  of  pur- 
chase thereof,  and  shall  have  the  same  effect  as  a  vote  of 
purchase  thereof  as  though  the  authority  hereby  given  had 
been  granted  prior  to  such  vote. 

Section  2.  Said  town  of  Swampscott  upon  acquir- 
ing the  property  of  said  Marblehead  Water  Company,  as 
herein  provided,  may  supply  itself  and  its  inhabitants 
with  water  for  the  extinguishment  of  fires  and  for  domes- 
tic and  other  purposes,  obtaining  the  same  from  any  or 
all  of  the  sources  specified,  and  in  the  manner  specified 
in  said  chapter  one  hundred  sixty- three  of  the  acts  of  the 
year  eighteen  hundred  eighty-three ;  or  from  the  city  of 
Lynn,  or  from  the  metropolitan  water  board,  as  now  au- 
thorized by  law. 

Section  3.  Said  town  may  establish  fountains  and 
hydrants  and  relocate  or  discontinue  the  same ;  may 
regulate  the  use  of  water  and  fix  and  collect  rates  to  be 
paid  for  the  use  of  the  same ;  and  for  the  purposes  afore- 
said may  hold  and  convey  such  water  through  said  town  ; 
and  may  also  take  and  hold  by  purchase  or  otherwise  all 
lands,  rights  of  way  and  easements  necessary  to  enable 
said  town  to  supply  itself  and  its  inhabitants  with  water, 
for  holding,  storing,  purifying  and  preserving  such  water, 
and  for  conveying  the  same  to  any  part  of  said  town  of 
Swampscott ;  and  may  erect  on  lands  thus  taken  or  held 
proper  dams,  reservoirs,  buildings,  fixtures  or  other  struct- 
ures ;  and  may  make  excavations,  procure  and  operate 
machinery,  and  provide  such  other  means  and  appliances 
as  maj'  be  necessary  for  the  establishment  and  maintenance 
of  complete  and  effective  water  works  ;  and  may  construct 
and  lay  down  conduits,  pipes  and  other  works,  under  and 
over  any  lands,  water  courses,  railroads,  or  public  or 
private  ways,  and  along  any  such  ways,  in  such  manner 
as  not  unnecessarily  to  obstruct  the  same ;  and  for  the 
purpose  of  constructing,  maintaining  and  repairing  such 
conduits,  pipes  or  other  works,  and  for  all  proper  pur- 


Acts,  1898.  — Chap.  293.  221 

poses  of  this  act  said  town  may  dig  up  any  such  lands, 
and  may  enter  upon  and  dig  up  any  such  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel 
thereon. 

Section  4.     The  title  to  all  lands  taken  or  purchased  Title  of  lands  to 

iji  ••  /»ji'  Jill  •  •!  ^®^*  ^^  town, 

under  the  provisions  ot  this  act  shall  vest  in  said  town,  etc. 
and  the  lands  so  taken  may  be  managed,  improved  and 
controlled  by  the  board  of  water  commissioners  hereinafter 
provided  for,  in  such  manner  as  they  shall  deem  for  the 
best  interests  of  said  town. 

Section  5.  Said  town  shall  pay  all  damages  sustained  Damages. 
by  any  person  or  corporation  in  property  by  the  taking 
of  any  lands,  rights  of  way  or  easements,  or  by  any  other 
thing  done  by  said  town  under  the  authority  of  this  act. 
Any  person  or  corporation  sustaining  damages  as  afore- 
said under  this  act,  who  fails  to  agree  with  said  town  as 
to  the  amount  of  damages  sustained,  may  have  the  dam- 
ages assessed  and  determined  in  the  manner  provided  by 
law  when  land  is  taken  for  the  laying  out  of  highways,  on 
making  application  at  any  time  within  the  period  of  one 
year  from  the  taking  of  such  land  or  other  property  or 
the  doing  of  other  injury  under  the  authority  of  this  act ; 
but  no  such  application  shall  be  made  after  the  expiration 
of  one  year. 

Section  6.     Said  town  may  for  the  purpose  of  paving  Town  of 

/•         ,1  ,  n  1   •  •     1  i  1  •     •!  •       S    SwampBcott 

tor  the  property,  iranchises,  rights  and  privileges  acquired  water  Loan. 
under  and  by  virtue  of  this  act,  and  for  any  other  pur- 
poses thereof,  issue  from  time  to  time  bonds  or  notes  to 
an  amount  not  exceeding  one  hundred  and  fifty  thousand 
dollars.  Such  bonds  or  notes  shall  bear  on  their  face  the 
words,  Town  of  Swampscott  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  four  per  cent,  per 
annum,  and  shall  be  signed  by  the  treasurer  of  the  town 
and  countersigned  by  the  water  commissioners  hereinafter 
provided  for.  Said  town  may  sell  such  securities  at  pub- 
lic or  private  sale,  or  pledge  the  same  for  money  borrowed 
for  the  purposes  of  this  act,  and  upon  such  terms  and 
conditions  as  it  may  deem  proper :  provided^  that  such  Proviso. 
securities  shall  not  be  sold  for  less  than  the  par  value 
thereof.  Said  town  shall  provide  at  the  time  of  contract-  siuking  fund. 
ing  said  loan  for  the  establishment  of  a  sinking  fund  and 
shall   annually  contribute  to  such  fund  a  sum  sufficient 


222 


Acts,  1898.  — Chap.  293. 


May  provide 
for  annual  pay- 
mentB  ou  loan. 


Payment  of 
expeosee,  etc. 


Penalty  for 
corruption  of 
water,  etc. 


Lialiility  for 
paytneiit  of 
rent  for  use  of 
water,  etc. 


with  the  accumulations  thereof  to  pay  the  principal  of 
said  loan  at  maturity.  Said  sinking  fund  shall  remain 
inviolate  and  pledged  to  the  payment  of  said  loan  and 
shall  be  used  for  no  other  purpose. 

Section  7.  Said  town  instead  of  establishing  a  sink- 
ing fund  may  at  the  time  of  authorizing  said  loan  provide 
for  the  payment  thereof  in  such  annual  proportionate  pay- 
ments as  will  extinguish  the  same  within  the  time  pre- 
scribed in  this  act ;  and  when  such  vote  has  l)een  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  ex- 
tinguished, in  the  same  manner  as  other  taxes  are  assessed 
under  the  provisions  of  section  thirty-four  of  chapter 
eleven  of  the  Public  Statutes. 

Section  8.  Said  town  shall  raise  annually  by  taxa- 
tion a  sum  which  with  the  income  derived  from  water 
rates  will  l)e  sufficient  to  pay  the  current  annual  expenses 
of  operating  its  water  works,  including  therein  any  annual 
payment  to  said  metropolitan  water  board  or  to  the  city 
of  Lynn,  and  the  interest  as  it  accrues  on  the  notes  and 
bonds  issued  as  aforesaid  by  said  town,  and  such  contribu- 
tions to  the  sinking  fund  and  payments  on  the  principal 
as  may  be  required  under  the  provisions  of  this  act. 

Section  JJ  .  Whoever  uses  any  water  taken  under  this 
act  without  the  consent  of  said  town,  or  wilfully  ov  wan- 
tonly corrupts,  pollutes  or  diverts  any  of  the  waters  taken 
or  held  by  said  town  pursuant  to  the  provisions  of  this 
act,  or  destroys  or  injures  any  structure,  work  or  other 
property  owned,  held  or  used  by  said  town  under  the 
authority  and  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  said  town  three  times  the  amount  of  damages  as- 
sessed therefor,  to  be  recovered  in  an  action  of  tort ;  and 
upon  conviction  of  either  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  tine  not  exceeding  three 
hundred  dollars  or  by  imprisonment  not  exceeding  one 
year. 

Section  10.  The  occupant  of  any  tenement  shall  be 
liable  for  the  payment  of  the  rent  for  the  use  of  water  in 
such  tenement,  and  the  owner  shall  also  be  liable  in  case 
of  non-payment  by  the  occupant  for  all  sums  due  for  the 
use  of  water  under  this  act,  to  be  collected  in  an  action 
of  contract  in  the  name  of  the  town  of  Swampscott. 


Acts,  1898.  —  Chap.  293.  223 

Section  11.     Said  town  shall  at  a  legal  meeting  called  ^{^^^Zue^' 
for  the  purpose  elect  by  ballot  three  persons  to  hold  office,  election,  terms, 
one  until  the  expiration  of  three  years,  one  until  the  ex- 
piration of  two  years  and  one  until  the  expiration  of  one 
year  from  the  next  succeeding  annual  town  meeting,  to 
constitute  a  board  of  water  commissioners ;  and  at  each 
annual  town  meeting  thereafter  one    such  commissioner 
shall  be  elected  by  ballot  for  the  term  of  three  years.     No 
person  shall  be  a  water  commissioner  who  holds  any  other 
town  office  by  popular  election.    All  the  authority  granted 
to  the  town  by  this  act  and  not  otherwise  specially  pro- 
vided for  shall  be  vested  in  said  board  of  water  commis- 
sioners, who  shall  be  subject  however  to  such  instructions, 
rules  and  regulations  as  said  town  may  impose  by  its 
vote.     The  said  commissioners    shall  be  trustees  of  the  to  be  trustees 
sinking  fund  herein  provided  for  and  a  majority  of  said  o^^^^inking  fund, 
commissioners  shall  constitute  a  quorum  for  the  transac- 
tion of  business  relative  both  to  the  water  works  and  to 
the  sinking  fund.     Any  vacancy  occurring  in  said  board  vacancy. 
from  any  cause  may  be  filled  for  the  unexpired  term  by 
said  town  at  any  legal  meeting  held  for  the  purpose. 

Section  12.  Said  commissioners  shall  fix  such  prices  to  fix  prices  for 
or  rents  for  the  use  of  water  as  shall  produce  annually  as  ei^*;''^^'''^"^'^' 
near  as  may  be  a  net  surplus  over  operating  expenses, 
including  therein  any  annual  payment  to  said  metropolitan 
water  board  or  to  the  city  of  Lynn,  and  interest  charges 
equal  to  two  per  cent,  of  the  total  amount  of  the  bonds  or 
notes  issued  under  this  act,  after  paying  all  current  ex- 
penses of  operating  the  water  works  and  interest  upon 
loans.  The  net  surplus  aforesaid  shall  be  paid  into  the 
sinking  fund,  if  any  is  established  hereunder,  and  if  said 
surplus  does  not  equal  two  per  cent,  of  the  total  amount 
of  the  bonds  and  notes  issued  under  this  act  the  town 
shall  raise  by  general  taxation  a  sum  which  with  the  sur- 
plus will  equal  said  two  per  cent.,  and  shall  contribute 
said  sum  to  the  sinkinjy  fund.     Said  commissioners  shall  To  render  an 

O  _  account  of  tneir 

annually,  and  as  often  as  the  town  may  require,  render  doings,  etc. 
an  account  of  all  their  doings  in  relation  to  the  sinking 
fund,  and  shall  be  governed  by  the  provisions  of  section 
eleven  of  chapter   twenty-nine   of  the  Public    Statutes, 
except  as  herein  otherwise  in'ovidcd. 

Section  13.     This  act  shall  take  eflect  upon  its  passage. 

Approved  April  6,  189S. 


224 


Acts,  1898.  — Chaps.  294,  295. 


ChCl7).2i^4:   -^  ^^^   ^^  ESTABLISH  THE  SALARY  OF  THE  TREASURER  OF  THE 

COUNTY  OF  MIDDLESEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  salary  of  the  treasurer  of  the  eounty 
of  Middlesex  shall  be  three  thousand  five  hundred  dollars 
a  year,  to  be  so  allowed  from  the  first  day  of  January  in 
the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  Apjril  6,  1898. 


Treasurer  of 

Middlesex 

county. 


Chap.2i95  ^^    ^^'^    'T^    PROVIDE    FOR    A    WATER    SUPPLY   FOR  THE   TOWN    OF 

WINTHROP. 


Town  of 
Winthrop  may 
supply  itself 
with  water,  etc. 


May  hold  and 
convey  certain 
water,  take  cer- 
tain lande,  etc. 


May  erect 
structures,  lay 
pipes  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Winthrop  may  supply  itself 
and  its  inhabitants  with  water  for  the  extinguishment  of 
fires  and  for  domestic  and  other  purposes,  obtaining  the 
same  from  the  metropolitan  water  board,  as  provided  in 
chapter  four  hundred  and  eighty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five,  may  establish  foun- 
tains and  hydrants  and  relocate  or  discontinue  the  same, 
and  may  regulate  the  use  of  such  water  and  fix  and  col- 
lect rates  to  be  paid  for  the  use  of  the  same. 

Section  2.  Said  town  for  the  purposes  aforesaid  may 
hold  and  convey  through  said  town  the  water  to  be  fur- 
nished by  said  metropolitan  water  board  as  hereinbefore 
provided,  and  may  also  take  and  hold,  by  purchase  or 
otherwise,  all  lands,  rights  of  way  and  easements  neces- 
sary for  holding,  storing,  purifying  and  preserving  such 
water  and  for  conveying  the  same  to  any  part  of  said  town 
of  Winthrop ;  may  erect  on  the  lands  thus  taken  or  held 
proper  dams,  reservoirs,  buildings,  fixtures  or  other  struct- 
ures ;  may  make  excavations,  procure  and  operate  machin- 
ery, and  provide  such  other  means  and  appliances  as  may 
be  necessary  for  the  establishment  and  maintenance  of  com- 
plete and  efl'ective  water  works ;  may  construct  and  lay 
down  conduits,  pipes  and  other  works,  under  and  over 
any  lands,  w^ater  courses,  railroads  or  public  or  private 
ways,  and  along  any  such  ways  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same  ;  and  for  the  purpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  or  other  works,  and  for  all  proper  purposes  of  this 
act,  said  town  may  dig  up  any  such  lands,  and  may  enter 


Acts,  1898.  — Chap.  295.  225 

upon  and  dig  up  any  such  ways  in  such  manner  as  to  cause 

the  least  hindrance  to  public  travel  thereon.     The  title  to  Tuie  to  lands 

all  lands  taken  or  purchased  under  the  provisions  of  this  townfetc. 

act  shall  vest  in  said  town,  and  the  land  so  taken  may  be 

managed,  improved  and  controlled  by  the  board  of  water 

commissioners  hereinafter  provided  for,  in  such  manner 

as  they  shall  deem  for  the  best  interests  of  said  town. 

Section  3.     Said  town  shall,  within  ninety  days  after  Description  of 

.lii.  /•  ^         1  •    ■)  J.  jy  j_  lands,  etc.,  to 

the  takmg  oi  any  lands,  rights  ot  way  or  easements  as  be  recorded. 
aforesaid,  otherwise  than  by  purchase,  file  and  cause  to 
be  recorded  in  the  registry  of  deeds  for  the  county  of 
Suffolk  a  description  thereof  sufficiently  accurate  for  iden- 
tification, with  a  statement  of  the  purpose  for  which  the 
same  were  taken,  signed  by  the  water  commissioners  here- 
inafter provided  for. 

Section  4.  Said  town  shall  pay  all  damages  sustained  Damages. 
by  any  person  or  corporation  in  property  by  the  taking 
of  any  lands,  rights  of  way  or  easements,  or  by  any  other 
thing  done  by  said  town  under  the  authority  of  this  act. 
Any  person  or  corporation  sustaining  damages  as  afore- 
said under  this  act,  who  fails  to  agree  with  said  town  as 
to  the  amount  of  damages  sustained,  may  have  the  dam- 
ages assessed  and  determined  in  the  manner  provided  by 
law  when  land  is  taken  for  the  laying  out  of  highways, 
on  making  application  at  any  time  within  the  period  of 
one  year  from  the  taking  of  such  land  or  other  property, 
or  the  doing  of  other  injury  under  the  authority  of  this 
act ;  but  no  such  application  shall  be  made  after  the  ex- 
piration of  said  one  year. 

Section  5.  In  every  case  of  a  petition  to  the  superior  Town  may 
court  for  an  assessment  of  damages  the  town  may  tender  dLmageX^'et".''^ 
to  the  complainant  or  his  attorney  any  sum,  or  may  bring 
the  same  into  court  to  be  paid  to  the  complainant,  for  the 
damages  by  him  sustained  or  claimed  in  his  petition,  or 
may  in  writing  offer  to  be  defaulted  and  that  damages  may 
be  awarded  against  it  for  the  sum  therein  expressed  ;  and 
if  the  complainant  does  not  accept  such  sum,  with  his  costs 
up  to  that  time,  but  proceeds  in  his  suit,  and  does  not  re- 
cover greater  damages  than  were  so  offered  or  tendered, 
not  including  interest  on  the  sum  recovered  in  damages  from 
the  date  of  such  offer  or  tender,  the  town  shall  have  judg- 
ment for  its  costs  after  said  date,  for  which  execution  shall 
issue  ;  and  the  complainant  if  he  recovers  damages  shall  be 
allowed  his  costs  only  to  the  date  of  such  offer  or  tender. 


226 


Acts,  1898.— Chap.  295. 


Town  of 
Winthrop 
Water  Loan. 


Proviso. 
Binkiog  fund. 


May  provide 
for  annual  pay- 
ments  on  loan. 


Payment  of 
ezpenaeB,  etc. 


Section  6.  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  ))onds,  notes 
or  scrip  to  an  amount  sufficient  for  such  purpose,  to  be 
determined  by  a  vote  of  the  town  at  a  legal  meeting  held 
for  that  purpose.  Such  bonds,  notes  or  scrip  shall  bear 
on  their  face  the  words.  Town  of  Winthrop  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  live  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  secu- 
rities 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 :  pro- 
vided, that  such  securities  shall  not  be  sold  for  less  than 
the  par  value  thereof.  Said  town  shall  ):)rovide  at  the  time 
of  contracting  said  loan  for  the  establishment  of  a  sinking 
fund,  and  shall  annually  contribute  to  such  fund  a  sum 
sufficient  with  the  accumulations  thereof  to  pay  the  prin- 
cipal of  said  loan  at  maturity.  Said  sinking  fund  shall 
remain  inviolate  and  pledged  to  the  payment  of  said  loan 
and  shall  be  used  for  no  other  purpose. 

Section  7.  Said  town  instead  of  establishing  a  sinking 
fund  may  at  the  time  of  authorizing  said  loan  provide  for 
the  payment  thereof  in  such  annual  proportionate  pay- 
ments as  will  extinguish  the  same  within  the  time  pre- 
scribed 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  there- 
after until  the  debt  incurred  by  said  loan  shall  be  extin- 
guished, in  the  same  manner  as  other  taxes  are  assessed 
under  the  provisions  of  section  thirty-four  of  chapter 
eleven  of  the  Public  Statutes. 

Section  8.  Said  town  shall  raise  annually  by  taxa- 
tion a  sum  which  with  the  income  derived  from  water 
rates  will  be  sufficient  to  pay  the  current  annual  expenses 
of  operating  its  water  works,  including  therein  any  annual 
payment  to  said  metropolitan  water  board,  and  the  interest 
as  it  accrues  on  the  notes,  bonds  and  scrip  issued  as  afore- 
said by  said  town,  and  such  contributions  to  the  sinking 
fund  and  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act. 


Acts,  1898.  — Chap.  295.  227 

Section  9.  Whoever  uses  any  water  taken  under  this  Penalty  for  cor- 
act  without  the  consent  of  said  town,  or  wilfully  or  wan-  witei°"et°c. 
tonly  corrupts,  pollutes  or  diverts  any  of  the  waters  taken 
or  held  by  said  town  pursuant  to  the  provisions  of  this 
act,  or  destroys  or  injures  any  structure,  work  or  other 
property  owned,  held  or  used  by  said  town  under  the 
authority  and  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  said  town  three  times  the  amount  of  damages  as- 
sessed therefor,  to  be  recovered  in  an  action  of  tort ;  and 
upon  conviction  of  either  of  the  above  wilful  or  wanton 
acts  shall  be  ])unished  by  a  tine  not  exceeding  three  hun- 
dred dollars  or  by  imprisonment  not  exceeding  one  year. 

Section  10.     The  occupant  of  any  tenement  shall  be  Liability  for 
liable  for  the  payment  of  the  rent  for  the  use  of  the  water  l^YtXr  use  of 
in  such  tenement,  and  the  owner  shall  also  be  liable  in  ^^''^''•etc- 
case  of  non-payment  by  the  occupant  for  all  sums  due  for 
the  use  of  water  under  this  act,  to  be  collected  in  an  action 
of  contract  in  the  name  of  the  town  of  Winthrop. 

Section  11.     Said  town  shall  after  the  acceptance  of  water  com- 

,.  -.  .  ni»i  11         missionerB, 

this  act,  at  a  legal  meetmg  called  tor  the  purpose,  elect  by  election,  terms, 
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  succeed- 
ing annual  town  meeting,  to  constitute  a  board  of  water 
commissioners ;  and  at  each  annual  town  meeting  there- 
after one  such  commissioner  shall  be  elected  by  ballot  for 
the  term  of  three  years.     All  the  authority  granted  to  the 
town  by  this  act  and  not  otherwise  specially  provided  for 
shall  be  vested  in  said  board  of  water  commissioners,  who 
shall  be 'subject  however  to  such  instructions,  rules  and 
regulations  as  said  town  may  impose  by  its  vote.     The  To  be  trustees 
said  commissioners  shall  be  trustees  of  the  sinking  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  to  the  sinking  fund. 
Any  vacancy  occurring  in  said  board  from  any  cause  may  vacancy. 
be  filled  for  the  unexpired  term  by  said  town  at  any  legal 
meeting  held  for  the  purpose. 

Section  12.     Said  commissioners  shall  fix  such  prices  toAx  prices 
or  rents  for  the  use  of  water  as  shall  produce  annually  as  wlte^etc. 
near  as  may  be  a  net  surplus  over  operating  expenses, 
including  therein  any  annual  payment  to  said  metropolitan 
water  board,  and  interest  charges  equal  to  two  per  cent, 
of  the  total  amount  of  the  bonds,  notes  or  scrip  issued 


228 


Acts,  1898.  — Chap.  295. 


To  render  an 
account  of  their 
doings,  etc. 


Town  may  pur- 
chase properly 
of  Revere 
Water  Com- 
pany, etc. 


CommisBioncre 
to  be  appointed 
to  detertniue 
value  of 
property  in  case 


under  this  act,  after  paying  all  current  expenses  of  operat- 
ing the  water  works  and  interest  upon  loans,  and  after 
payment  of  all  expenses  for  new  construction,  not  exceed- 
ing one  thousand  dollars  in  any  one  year  after  the  original 
construction.  The  net  surplus  aforesaid  shall  be  paid 
into  the  sinking  fund  if  any  is  established  hereunder,  and 
if  said  surplus  does  not  equal  two  per  cent,  of  the  total 
amount  of  the  bonds,  notes  and  scrij)  issued  under  this  act 
the  town  shall  raise  by  general  taxation  a  sum  which  with 
the  surplus  will  equal  said  two  per  cent.,  and  shall  con- 
tribute said  sum  to  the  sinking  fund.  Said  commissioners 
shall  annually,  and  as  often  as  the  town  may  require, 
render  an  account  of  all  their  doings  in  relation  to  the 
sinking  fund,  and  shall  be  governed  by  the  provisions  of 
section  eleven  of  chapter  twenty-nine  of  the  Public  Stat- 
utes, except  as  herein  otherwise  provided. 

Section  13.  The  town  of  Winthrop  shall  not  proceed 
to  supply  itself  and  its  inhabitants  with  water  under  the 
authority  of  this  act  until  it  shall  have  first  purchased 
the  property  of  the  Revere  Water  Company,  situated 
within  the  limits  of  said  town  of  Winthrop,  and  all  the 
rights  and  privileges  annexed  thereto  and  necessary  to 
the  efiectual  enjoyment  and  use  thereof,  and  also  any 
rights  and  privileges  that  it  may  have  acquired  under 
chapter  one  hundred  and  forty-two  of  the  acts  of  the  year 
eighteen  hundred  and  eighty  two  and  chapter  two  hundred 
and  fifty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-four,  or  under  any  other  act  relating  to  the 
said  company  and  the  town  of  Winthrop,  and  said  com- 
pany is  authorized  to  make  the  sale  of  said  property, 
rights  and  privileges  to  said  town,  and  said  town  is  author- 
ized to  purchase  the  same  and  manage  and  use  the  property 
thus  conveyed  for  the  purposes  and  under  the  provisions 
of  this  act.  Whenever  within  three  3'ears  from  the  pas- 
sage of  this  act  said  town  shall  by  a  majority  vote  of  the 
legal  voters  of  said  town  present  and  voting  thereon  at  a 
legal  meeting  called  for  that  purpose,  or  at  any  annual 
town  meeting,  vote  to  purchase  said  property,  rights  and 
privileges,  the  same  shall  thereupon  become  the  property 
of  said  town,  and  said  town  shall  pa}^  to  said  company  the 
fair  value  thereof,  to  be  ascertained  as  hereinafter  pro- 
vided. In  case  .said  town  and  said  company  after  a  con- 
ference thereon  shall  be  unal^le  to  agree  upon  the  value  of 
said  property,  rights  and  privileges,  the  supreme  judicial 


Acts,  1898.  — Chap.  296.  229 

court  shall,  upon  application  of  either  party  and  notice  to  of  failure  to 
the  other,  appoint  three  commissionern,  of  whom  one 
shall  be  learned  in  the  law  and  another  .shall  be  a  skilled 
engineer,  who  shall  determine  the  fair  value  of  the  prop- 
erty, rights  and  privileges,  and  whose  award  when  accepted 
by  the  court  shall  be  final ;  but  said  company  shall  not  be 
entitled  to  receive  any  payment  as  hereinbefore  provided, 
so  long  as  any  lien  or  any  other  incumbrance  remains 
upon  said  property  or  any  part  thereof,  unless  said  com- 
missioners shall  otherwise  determine. 

Section  14.     This  act,  except  as  provided  in  section  to  be  sub- 
fifteen,  shall  take  etfect  upon  its  acceptance  by  a  majority  ^t'aLgu°U)wa" 
vote  of  the  voters  of  the  town  of  Winthrop  present  and  ■meeting,  etc. 
voting  thereon  at  a  legal  meeting  called  for  the  purpose 
within  three  years  from  its  passage ;  but  the  number  of 
meetings  so  called  shall  not  exceed  three  in  any  one  year. 

Sectiox  15.     So  much    of  this   act  as  authorizes  the  when  to  take 
submission  of  the  question  of  its  acceptance  to  the  legal  ^ 
voters  of  said  town  shall  take  effect  upon  its  passage,  but 
it  shall  not  take  further  effect  unless  and  until  accepted  as 
hereinbefore  provided  by  the  qualified  voters  of  said  town. 

Approved  April  6,  1898. 


Chap.296 


An  Act  relative  to  the  plum  island  electric  street  rail- 
way COMPANY. 

Be  it  enacted,  etc.,  as  follows : 

Sectiox  1.     The  Plum  Island  Electric  Street  Railway  ThePium 

C,  .  •     ,     •  1  ,  .  Island  Electric 

ompany  may  construct,  maintain  and  operate  an  exten-  street  Railway 

sion  of  its  railway  on  private  lands,  leased  or  purchased  extend  u^™''^ 
for  the  purpose,  from  the  present  terminus  of  said  railway  railway,  etc. 
on  Plum  Island  in  the  town  of  Newbury  to  Plum  Island 
Point  in  the  city  of  Newburyport,  by  substantially  the 
same  route  as  that  lately  occupied  by  the  tracks  of  the 
Haverhill  and  Amesl)ury  Street  Eailway  Company  on  said 
island;  and  may  purchase,  equip  and  maintain  in  connec- 
tion with  its  railway,  the  land,  car  house  and  other  build- 
ings and  appliances  on  Plum  Island,  lately  OAvned  by  said 
Haverhill  and  Amesbury  .Street  Railway  Company,  and 
may  also  constnict  and  maintain  on  said  island,  pavilions 
to  be  used  for  purposes  of  lawful  recreation  and  pleasure  ; 
and  said  Plum  Island  Electric  Street  Railway  Company 
may  lease,  purchase  and  hold  lands  for  the  above-men- 
tioned purposes. 


230  Acts,  1898.  — Chaps.  297,  298. 

i&puautock,  Section  2.  Said  Plum  Island  Electric  Street  Railway 
issue  bonds,  '  Compaiiy,  for  the  purpose  of  defraying  expenses  incurred 
under  this  act,  or  for  other  lawful  purposes,  may  increase 
its  capital  stock  by  the  amount  of  ten  thousand  dollars, 
and  issue  bonds  not  exceeding  the  amount  of  its  capital 
stock,  payable  within  a  period  not  exceeding  twenty  years 
from  the  date  thereof  and  within  the  term  for  which  said 
company  holds  its  lands  for  the  purposes  aforesaid,  secured 
by  a  mortgage  of  the  company's  franchise  and  property. 
Sale  of  stock  SECTION  3.     All  stock  and  bonds  authorized  by  this  act 

shall  be  issued  and  disposed  of  in  accordance  with  the  pro- 
visions of  all  general  laws  relating  to  the  issue  of  stock 
and  bonds  by  street  railway  companies. 

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

Approved  April  8,  1898. 

Cha,!).^^^  ^^  -^CT  TO  AUTHORIZE  THE  WORONOCO  STREET  RAILWAY  COM- 
PANY TO  ACT  AS  A  COMMON  CARRIER  OF  SMALL  PARCELS,  AND 
OF   THE   UNITED   STATES   MAIL. 

Be  it  enacted,  etc. ,  as  follows : 
May  act  as  a  SectionI.     The  Worouoco  Street  Railway  Company 

com  111  ('11  CtirriGr  ^  i         «/ 

of  small  parcels,  may  act  as  a  common  carrier  of  small  parcels  of  merchan- 
Provisos.  dise,  and  may  also  carry  the  United  States  mail :  provided, 

that  said  company  shall  not  so  act  in  any  town  until  au- 
thorized to  do  so  by  a  two  thirds  vote  of  the  voters  of 
said  town  present  and  voting  thereon  at  an  annual  or 
special  meeting  called  for  the  purpose ;  and  provided, 
further,  that  said  company  shall  in  the  carrying  of  parcels 
be  subject  to  such  by-laws  and  regulations  as  may  from 
time  to  time  be  made  by  said  towns ;  and  shall  also  be 
subject  to  the  provisions  of  chapter  seventy-three  of  the 
Public  Statutes  and  to  all  laws  relating  to  common  carriers. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  8,  1898. 

Cll(l7).'2QS  ^  ^^'^  RELATIVE   TO   ALLEYS   IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  foUoics : 
Board  of  street        Section  1.     The  boai'd  of  strcet  commissioners  of  the 

coiiiiuisBloners         •  c    t\  ii  ••  f'ij_ii 

may  lay  out  and  City  oi  Bostoii  may,  uudcr  the  provisions  oi  chapter  three 

aiiey8,"etcr*  "^  liuudrcd  and  twenty-three  of  the  acts  of  the  year  eighteen 

hundred  and  ninety-one  and  acts  in  amendment  thereof 

or  in  addition  thereto,  lay  out  and  construct  any  alley  or 

passageway  in  the  city  of  Boston  not  exceeding  twenty- 


i 


Acts,  1898.  — Chap.  299.  231 

five  feet  in  width  as  a  public  alley,  and  the  provisions  of 
said  chapters  shall,  so  far  as  applicable,  apply  to  the  lay- 
ing out  and  construction  of  public  alleys  and  the  paying 
of  the  assessable  cost  thereof,  as  if  they  were  laid  out  as 
highways,  and  any  moneys  applicable  to  the  laying  out 
and  construction  of  highways  under  said  act  may  be  used 
for  paying  the  expenses  of  laying  out  and  constructing 
public  alleys. 

Section  2.     Said  city  shall  not  be  liable  for  any  defect  n"weTucenain 
or  want  of  repair  in  any  public  alley,  nor  be  required  to  cases, 
keep  the  same  free  from  snow,  but  shall  be  required  to 
keep  the  same  free  from  any  substance  which  is  liable 
to  cause  sickness  or  a  nuisance. 

Section  3.     Whoever  drops  or  places  and  suffers  to  Penalty  for 

,  T         11  .  i       placing  iu  piib- 

remain  in  any  public  alley,  any  snow  or  ice,  or  any  rub-  ficaiieys 
bish  or  obstruction  of  any  kind,  shall  be  fined  not  exceed-  "^^^^tructions, 
ing  fifty  dollars  for  each  ofience. 

Section  4.     This  act  shall  take  eflect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Boston. 

Approved  April  8,  1898. 

An   Act    to  provide  for  an  examination  and   renewal  op  (JJia'D.'^td^ 

THE   MONUMENTS   MARKING   THE    BOUNDARY    LINES    OF    THE    COM- 
MONWEALTH. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The  commissioners  on  the  topographical  on™p!r"°"*'" 
survey  and  map  of  Massachusetts  are  hereby  authorized  graphical 

•/I  V  Burvey  to 

and  directed,  during  the  year  nineteen  hundred,  and  during  examine  and 
every  fifth  year  thereafter,  to  make  an  examination  and  mrnts.'etc",' 
inspection  of  all  the  monuments  or  other  marks  defining  boSndLo'  lines 
the  location  of  the  boundary  lines  of  the  Commonwealth.  wVa'iui?'^"""""' 
Whenever  any  such  monuments  oi'  marks  are  found  to 
be  injured,  displaced,  removed  or  lost,  said  commissioners 
are  hereby  authorized  and  directed,  in  co-operation  with 
persons  duly  authorized  by  the  adjoining  state,  to  restore 
or  replace  the  same  with  suitable  stone  monuments,  and 
in  the  same  manner  to  set  suitable  stone   monuments  at 
all  points  not  properly  marked,  where  said  state  boundary 
is  intersected  by  the  boundar}^  of  any  towns  or  counties 
of  this  Commonwealth,  or  by  any  highway  or  railroad. 
AVhenever  an  officer  or  officers  of  an  adjoining  state  are  May  cooperate 
required  to  make  such  an  examination  and  inspection  at  other^suTte""^ 
other  times  than  as  above  prescribed  the  said  commissioners  *""• 


232  Acts,  1898.  — Chaps.  300,  301. 

are  hereby  authorized  to  co-operate  with  such  oflScer  or 
officers  and  to  make  the  examination  and  inspection,  to- 
gether with  the  necessary  repairs  and  additions  to  the 
monuments  marking  the  line  as  above  described,  at  the 
times  the  officer  or  officers  of  the  adjoining  state  are  re 
quired  so  to  do,  instead  of  at  the  times  above  prescribed. 
Said  commissioners  are  hereby  directed  to  include  the 
estimated  cost  of  such  work  in  their  annual  estimates 
which  are  required  to  be  submitted  to  the  auditor  of  the 
Commonwealth. 

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

Approved  April  S,  1898. 

CJldV.SOO  ^  ^^^  '^^^  AUTHORIZE  THE  TOWN  OF  WEST  NEWBURY  TO  APPRO- 
PRIATE A  SUM  OF  MONEY  FOR  THE  PURPOSE  OF  CONSTRUCTING 
A   WHARF. 

Be  it  enacted,  etc. ,  as  follows  : 
Town  of  West        SECTION  1.     The   town   of  West   Newbury  is  hereby 

^e\vburymay  i.u       •        1   4-  '4-  C  4-  T 

appiopiiate       authorizcd  to  appropriate  a  sum  ot  money  not  exceeding 
struct^a  wiia'rf.   tivc  huudrcd  dollars  for  the  purpose  of  constructing  a 
wharf  on  the  south  side  of  the  Merrimac  river  within  the 
limits  of  said  town. 

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

Approved  April  8, 1898. 

OAttT^.SOl   -^^    -^^'^    '^*^    ESTABLISH     A    SINKING     FUND     FOR    THE     COUNTY     OF 

HAMPDEN. 

Be  it  e7iacted,  etc.,  as  follows: 

!?,?L^i!^f.T„',„„       Section  1.     The  county  commissioners  of  the  county 
establish  a  sink- of  Hampden  are  herebv  authorized  to  establish  a  sinking 
fund  for  the  purpose  of  providing  for  the  debts  of  said 
county  as  they  mature. 
To  be  invested        Section  2.     The  fuud  SO  providcd  shall  be  invested 
securities,  etc.    and  re-iuvested  in  the  securities  in  which  by  law  the  funds 
of  savings   banks  may  be  invested,  except  personal  se- 
curities, and  may  include  bonds  of  said  county.     When 
bonds  issued  by  said  county  become  a  part  of  its  sinking 
fund    said   commissioners    shall   cause  to  l)e  stamped  or 
written  on  the  face  thereof  a  notice  that  they  are  a  part 
of  such  sinking   fund   and   are    not   negotiable,  and    all 
coupons  thereof  as  they  become  due  and  are  paid  shall  be 
cancelled. 


Acts,  1898.  — Chap.  302.  233 

Sectiox  3.     The  county  commissioners  of  said  county  county  com- 

1      , ,    ,  /v    •  •  •      '•  i?        •  1      •     1   •  /•        1  1    itiiasionerB  to  be 

shall  be  ex  oifaciis  commissioners  or  said  sinking  tund,  and  ex  otHciis  com- 
all  securities  for  such  loans  and  investments  shall  be  made  inking  fund! 
to   them    as  commissioners  of  the    sinking  fund  of  the 
county  of  Hampden. 

Section  4.     Said  county  commissioners  may  in  writing  May  direct 
authorize  and  direct  the  treasurer  of  said  county  to  take  lue^s^to'^takl' 
charge   of  said  sinking  fund  and  make    such  loans  and  I'n^fundletc.'^' 
investments  and  all  necessary  re-investments  in  such  man- 
ner as  they  shall  determine,  in  accordance  with  the  pro- 
visions of  this  act ;  and  in  such  event  said  treasurer  shall 
include  in  his  annual  statement  of  receipts  and  expendi- 
tures a  report  of  the  condition  of  said  sinking  fund. 

Section  5.     Neither    said   county    commissioners   nor  Not  to  receive 
said  treasurer  shall  be  entitled  to  receive  any  additional  comVe^nTation. 
compensation  for  the  performance  of  any  duty  required 
by  the  provisions  of  this  act. 

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

Approved  April  8, 1898. 


An  Act  to  revise  the  charter  of  the  citt  of  Gloucester. 
Be  it  enacted,  etc.,  as  folloivs: 


Chap.d02 


Title  One. 


MinsnCIPAL   GOVERNMENT. 


Section  1 .  The  inhabitants  of  the  city  of  Gloucester,  city  of 
for  all  purposes  for  which  towns  and  cities  are  by  law  ®^°"*=^**^'"- 
incorporated  in  this  Commonwealth,  shall  continue  to  be 
a  body  politic  and  corporate  under  the  name  of  the  City 
of  Gloucester,  and  as  such  shall  have,  exercise  and  enjoy 
all  the  rights,  immunities,  powers  and  privileges,  and 
shall  be  subject  to  all  the  duties  and  obligations,  now  per- 
taining to  and  incumbent  upon  said  city  as  a  municipal 
corporation . 

Section  2.  The  administration  of  all  the  fiscal,  pru-  Administration 
dential  and  municipal  affairs  of  said  city,  with  the  govern-  affrir^s^'etcf 
ment  thereof,  shall  be  vested  in  an  executive  department, 
which  shall  consist  of  one  officer,  to  be  called  the  mayor, 
and  in  a  legislative  department,  which  shall  consist  of  a 
single  body,  to  ))e  called  the  city  council,  the  members 
thereof  to  be  called  couneilmen.  The  executive  depart- 
ment shall  never  exercise  any  legislative  power,  and  the 


234  Acts,  1898.  — Chap.  302. 

legislative  department  shall  never  exercise  any  executive 
power,  except  as  hereinafter  provided. 
Eight  ward6.  Section  3.     The  territory  of  said  city  shall  be  divided 

into  eight  wards,  as  at  present  constituted,  until  the  same 
shall  be  changed  in  accordance  with  law. 

Title  Two. 

ELECTIONS    AND    MEETINGS. 

eiecti^ns^  Section  4.     All  clcctions  for  national,  state,  county, 

district  and  municipal  officers,  and  for  other  purposes, 
shall  be  called  by  order  of  the  city  council,  according 
to  the  provisions  of  the  general  laws  of  the  Common- 
wealth. 

Municipal  Section  5.     The  annual  municipal   election    shall    be 

municipal  year,  held  ou  tlic  first  Tucsday  in  December,  and  the  municipal 
year  shall  begin  at  ten  o'clock  in  the  forenoon  on  the  first 
Monday  of  January  next  following. 

Certain  officers        Section  6.     At  such  municipal  election  the  qualified 

to  be  elected  by  in-«i'  -i  iii* 

ballot,  etc.  votcrs  shall  give  in  their  votes  in  the  several  wards  for 
mayor,  president  of  the  city  council,  councilmen  at  large, 
school  committee,  commissioners  of  public  works,  and  as- 
sessors, or  such  of  them  as  are  to  be  elected  by  and  from 
the  qualified  voters  of  the  city  at  large  as  provided  in  this 
act,  and  three  councilmen  and  one  assistant  assessor 
from  each  ward,  to  be  elected  by  and  from  the  quali- 
fied voters  in  each  ward  respectively,  all  on  one  ballot, 
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  nuin- 
Vacancy  in  ^^  h^Y  of  votcs  sliall  be  dccmcd  aiid  declared  elected.  If  it 
or  president  of  shall  appear  that  there  is  no  choice  of  mayor,  or  of  a 
cijtounci.  pi-esicient  of  the  city  council,  or  if  the  person  elected 
mayor  or  president  of  the  city  council  shall  refuse  to 
accept  office,  or  shall  die  before  qualifying,  or  if  a  vacancy 
in  either  of  said  offices  shall  occur  subse(juently  and  more 
than  three  months  previous  to  the  expiration  of  the  munic- 
il)al  year,  the  city  council  shall  forthwith  ordei-  a  special 
election,  and  the  same  proceedings  shall  be  had  in  all 
respects  as  are  hereinbefore  provided  for  the  election  of 
mayor  and  ])resident  of  the  city  council,  and  shall  be 
repeated  until  the  election  of  the  mayor  or  the  president 


Acts,  1898.  — Chap.  302.  235 

of  the  cit}-  council  is  completed.  If  the  full  number  of  7fflce°oTward 
councilmen  from  wards  has  not  been  elected,  or  if  a  councilman. 
vacancy  in  the  office  of  ward  councilman  shall  occur  subse- 
quently and  more  than  three  months  previous  to  the 
expiration  of  the  municipal  year,  the  city  council  shall 
forthwith  order  a  special  election  to  be  held  in  the  ward 
to  till  the  vacancy. 

Section  7.     General  meetino-s  of  the  citizens  qualified  ?''"«''■?' ™^,®'- 

,0  M  ings  of  qualified 

to  vote  may  from  time  to  time  be  held  according  to  the  voters. 
right  secured  to  the  people  by  the  constitution  of  this 
Commonwealth,  and  such  meetings  ma}",  and,  upon  the 
request  in  writing  of  fifty  qualified  voters  setting  forth 
the  purposes  thereof,  shall  be  duly  called  by  the  city 
council. 

Title  Three. 

the  legislative  department. 

Section  8.    The  cit\'^  council  shall  be  composed  of  nine  cuy  council, 

•  1  ,1  1     J.  i       i>  t  •1  election,  term, 

councihnen  at  large  and  twenty-tour  ward  councilmen,  etc. 
who  shall  sit  and  act  as  one  legislative  body  and  shall 
constitute  the  city  council  of  the  city  of  Gloucester. 
They  shall  be  elected  as  follows  :  —  The  nine  councilmen 
at  large  shall  he  elected  by  and  from  the  qualified  voters 
of  the  entire  city,  and  in  voting  for  such  councilmen  at 
large  no  voter  shall  vote  for  more  than  five,  and  the  nine 
having  the  highest  number  of  votes  shall  be  declared 
elected ;  and  three  councilmen  from  each  of  the  eio:ht 
wards  shall  l)e  elected  by  and  from  the  qualified  voters 
resjiectively  in  each  ward.  They  shall  hold  office  for  the 
municipal  year  beginning  with  the  first  Monday  in  January 
next  following  their  election,  and  until  a  majority  of  the 
succeeding  city  council  are  elected  and  qualified.  The 
councilmen  shall  receive  no  compensation  for  their  services. 

Section  9.     The  mayor  elect,  the  president  elect,  and  ^/**uayo°^"reei- 
councilmen  elect,  shall  annually,  on  the  first  Mondav  of  dent  of  city 

T  J  ?   1       1       •  I         ^  "i    1       council,  etc. 

.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  in  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  or  the  president  elect  on  the  first  Monday 
of  Januar}^  or  if  a  mayor  or  president  shall  not  then  have 
been  elected,  the  oath  of  office  may  at  any  time  thereafter 
be  administered  to  either  of  them  in  the  presence  of  the 


236 


Acts,  1898.  — Chap.  302. 


clerk  of  council, 
etc 


President  of 
city  council, 
term,  rights 
and  powers,  etc 


city  council ;  and  at  any  time  thereafter  in  like  manner 
the  oath  of  office  may  be  administered  to  any  member  of 
the  city  council  who  has  been  previously  absent  or  sub- 
sequently elected ;  and  every  oath  shall  be  duly  certified 
as  aforesaid.  After  the  oath  has  been  administered  to  the 
president  and  the  councilmen  present  the  city  council 
shall  be  called  to  order  by  the  president.  In  case  of  his 
absence  the  councilmen  shall  l)e  called  to  order  by  the 
City  clerk  to  be  city  clcrk.  The  city  clerk  shall  be  clerk  of  the  city  coun- 
cil, but  these,  offices  shall  nevertheless  remain  distinct 
and  independent.  The  clerk  of  the  city  council  shall 
keep  a  journal,  containing  a  record  of  the  proceedings  of 
the  city  council,  and  a  record  at  large  of  all  votes  taken 
by  roll  call,  and  he  shall  engross,  sign  and  attest  all 
ordinances  and  resolutions  of  the  city  council. 

Sectiox  10.  The  president  of  the  city  council  shall 
hold  office  for  the  municipal  year  beginning  with  the  first 
Monday  in  January  next  following  his  election  and  until 
a  successor  is  elected  and  qualified.  He  shall  preside  at 
the  meetings  of  the  city  council  and  have  all  the  rights 
and  powers  of  a  presiding  officer,  shall  appoint  all  com- 
mittees of  the  city  council,  and  may  at  any  time  address 
the  city  council,  but  shall  have  no  vote  unless  the  city 
council  is  equally  divided.  His  succession  to  the  office 
of  acting  mayor  under  the  provisions  of  section  twenty- 
three  of  this  act  shall  constitute  a  temporary  vacancy  in 
the  office  of  president,  and  the  city  council  shall  elect  by 
l)allot  one  of  their  number  to  act  as  president  pro  tempore 
during  such  temporary  vacancy. 

Section  11.  If  the  full  number  of  councilmen  at  large 
has  not  been  elected  at  the  annual  municipal  election,  or 
if  a  vacancy  occurs  thereafter  in  the  office  of  councilman 
at  large,  the  city  council  shall  forthwith  elect  by  a  ma- 
jority ballot  of  all  the  members  thereof  a  qualified  voter 
of  the  city,  not  a  niember  of  the  city  council,  to  fill  the 
vacancy  for  the  remainder  of  the  municij)al  year.  Should 
there  fail  to  be  a  choice  of  a  member  of  the  board  of  com- 
aMe'IsoT"/''^  *"  missioners  of  public  works,  or  of  assessors,  at  the  annual 
municipal  election,  or  should  a  vacancy  thereafter  occur 
in  either  of  the  above-named  boards,  by  resignation  or 
otherwise,  such  vacancy  shall  be  filled  for  the  remainder 
of  the  municipal  year  by  the  city  council  in  the  same 
manner  as  a  vacancy  in  the  office  of  councilman  at  large, 
and  at  the  next  annual  municipal  election  there  shall  be 


Vacancy  in 
office  of  coun- 
cilman at  large 


Vacancy  in 
board  of  com 
missioners  of 


Acts,  1898.  —  Chap.  302.  237 

elected  on  the  general  ticket,  in  addition  to  the  members 
of  the  above-named  boards  then  to  be  elected  for  the  term 
of  three  years,  such  other  members  for  the  unexpired 
terms  as  may  be  necessary  to  fill  vacancies,  so  that  the 
term  of  but  one  member  of  a  board  shall  expire  in  the 
same  year.  In  case  there  should  fail  to  l)e  a  choice  of  an  vacaQcyin 
assistant  assessor  in  any  ward  at  the  annual  municii)al  auraasessm?'" 
election,  or  should  a  vacancy  thereafter  occur,  the  city 
council  may  by  ballot  elect  a  qualified  voter  in  the  ward 
wherein  occurred  the  vacancy,  to  serve  as  assistant  as- 
sessor for  the  remainder  of  the  municipal  year. 

Section  12.  The  mayor  may  at  any  time  call  a  special  fij|fg°of  ou^'' 
meeting  of  the  city  council,  and  shall  call  a  special  meet-  council. 
ing  upon  request  in  writing  of  one  third  of  the  members 
thereof.  The  mayor  shall  cause  written  notice  of  such 
special  meeting,  with  a  statement  of  the  subjects  to  be 
considered  thereat,  to  be  given  in  hand  to  each  member, 
or  to  be  left  at  his  usual  place  of  residence  at  least  twenty- 
four  hours  previous  to  the  time  appointed  for  such  meet- 
ing ;  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  city 
council. 

Section  13.     The  city  council  shall  determine  the  rules  cuy  council  to 
of  its  own  proceedings  and  shall  be  the  judge  of  the  elec-  of  us  proceed^^ 
tion  and  qualifications   of  its   own  members.     The    city  o^/eiectlinlf/ 
council  shall  sit  with  open  doors  and  the  journal  of  its  hs^ members, 
proceedings  shall  be  open  to  public  inspection.     The  vote 
of  the  city  council  upon  any  question  shall  be  taken  by 
roll  call  when  the   same   is  requested  by  two  members. 
A  majority  of  all  the  members  of  the  city  council  shall  be  Quorum,  etc. 
required  to  constitute  a  quorum,  but  a  smaller  number 
may  adjourn   from   day  to  day.     In  the  absence  of  the 
president  the  city  council  shall  choose  one  of  their  num- 
ber to  act  as  president  pro  tempore,  and  a  plurality  of  the 
votes  cast  shall  be  sufiicient  for  a  choice. 

Section  14.     The   city  council  shall  annually  in  the  Treasurer, city 

,  1        /»    T  1       i-    I  ii!  j_-  1^         c  '       •  L.      clerli,  etc.,  elec- 

month  ot  January  elect  by  amrmative  vote  ot  a  majority  tion, term, etc. 

of  all  the  members  thereof,  taken  by  ballot,  a  treasurer, 

a  collector  of  taxes,  who  may  be  the  treasurer,  a  city 

clerk,  and  a  city  auditor,  who  shall  hold  office  beginning 

with  the  first  Monday  of  the  following  February  and  until 

their  successors  are  chosen  and  qualified  :  provided,  how-  Provieo. 

ei'er,  that  any  of  the  officers  named  in  this  section  may  be 


238 


Acts,  1898.  — Cil^.  302. 


City  council, 
powers  and 
duties. 


StreetB,  high- 
way 6,  etc. 


Damages. 


Expenditure  of 
money. 


removed  at  any  time  by  said  city  council  for  sufficient 
cause,  by  a  majority  vote  of  ail  the  members  thereof. 
The  said  treasurer,  tax  collector,  auditor,  and  city  clerk, 
shall  perform  such  duties  as  may  be  prescribed  by  ordi- 
nance, and  they  shall  perform  all  the  duties  and  exercise 
all  the  powers  imposed  or  conferred  upon  them  by  law. 

Sectiox  15.  The  city  council  shall,  except  as  is  other- 
wise provided  herein,  have  and  exercise  all  the  legislative 
powers,  authorities  and  duties  of  towns,  the  powers  of 
boards  of  aldermen,  and  of  the  mayor  and  aldermen  and 
city  councils  or  common  councils  of  cities  under  the 
general  laws,  and  the  powers  now  vested  in  the  city  of 
Gloucester  or  in  the  city  councU,  the  common  council, 
the  aldermen,  or  the  mayor  and  aldermen  of  said  city,  by 
special  laws.  The  city  council  shall,  with  the  approval 
of  the  mayor,  have  exclusive  authority  and  power  to  order 
the  laying  out,  locating  anew,  altering,  widening  or  dis- 
continuing of  town  ways,  streets  and  highwavs,  and  to 
order  specific  repairs  or  a  change  of  grade,  without  any 
appeal  therefrom  to  the  county  commissioners.  When- 
ever in  the  opinion  of  the  city  council  the  public  necessity 
and  convenience  require  that  a  highway  or  street  should 
be  laid  out,  or  that  any  existing  highway,  street  or  town 
way  should  be  laid  out  anew,  altered,  widened  or  dis- 
continued, or  that  specific  repairs  or  a  change  of  grade 
should  be  made  thereon,  said  city  council  shall  appoint  a 
time  and  place  for  a  public  hearing,  and  shall  cause  a 
notice  thereof  and  of  its  intentions  in  the  matter  to  be 
given,  as  now  required  by  general  laws  in  the  case  of 
town  ways.  Said  hearing  may  be  adjourned  from  time  to 
time  if  the  city  council  deem  it  necessary;  and  after  said 
hearing  said  city  council  shall  determine  what  action  the 
pul)lic  necessity  and  convenience  require,  and  the  way  or 
street  shall  be  laid  out,  located  anew,  altered,  widened  or 
discontinued,  or  specific  repairs  or  a  change  of  grade  shall 
be  made  if  so  determined.  The  damages  sustained  by 
any  person  thereby  shall  be  assessed  and  awarded  by  said 
city  council,  and  any  person  aggrieved  by  the  assessment 
of  his  damages  or  other  action  of  the  city  council  under 
this  section  may  have  the  remedies  provided  by  general 
laws  in  the  case  of  town  ways.  All  expenditure  of  money 
for  material  and  la])or  required  at  any  time  under  the  pro- 
visions of  this  section  shall  be  made  under  the  direction 
and  management  of  the  board  of  public  works.     No  street 


Acts,  1898.  — Chap.  302.  239 


or  way  shall  hereafter  be  opened  over  any  private  land  ^ri1;\^'to  ^ 


of 


be 


and  dedicated  to  or  permitted  to  be  used  by  the  public,  approved. 
by  the  owners,  lessees  or  occupants  thereof,  until  the 
width,  location  and  grade  of  the  same  shall  have  been 
approved  by  the  mayor  and  city  council. 

Section  16.     Every   ordinance,    order,   resolution    or  certain 
vote  which  involves  the  appropriation  or  expenditure  of  hav'e^uvo^rea^d- 
money    to    an   amount    which  may  exceed    one   hundred  i*ig*.  «*«. 
dollars,  the  laying  of  an  assessment,  or  the  granting  to  a 
person   or  corporation  of  any  right  over  or  under  any 
street  or  other  public  ground  of  said  city,  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  tinal  passage  shall  l)e  taken  by  roll  call. 

Section    17.     Every    ordinance,    order,  resolution    or  certain 
vote  of  the  city  council,  except  such  as  relates  to  its  own  be  Bubj'e*'cTto*' 
internal  affairs,  to  its  own  officers  or  employeeti,  to  the  mi'/or^etc! 
election  of  the  city  clerk,  auditor,  tax  collector  and  treas- 
urer, to  the  declaration  of  a  vacancy  in  the  office  of  mayor 
and  the  removal  of  other  officers,  shall  be  presented  to  the 
mayor  for  his  approval  or  disapproval,  and  like  proceed- 
ings shall  be  had  thereon  as  are  in  such  cases  provided 
by  the  general  laws  relating  to  cities. 

Section  18.     The  city  council  shall  have  power  within  city  council 
said  city  to  make  and  establish  ordinances  and  by-laws,  JTrd^nrnceV^ 
and  to  affix  thereto  penalties  as  herein  and  by  general  law  "t^'f  i'^'"*'*!^^- 
provided,   without  the  sanction  of  any  court  or  justice 
thereof:  provided,  however,  that  all  by-laws  and  regula-  Proviso. 
tions  now  in  force  in  the  city  of  Gloucester  and  not  incon- 
sistent herewith  shall,  until  they  shall  expire  by  their  own 
limitation,  or  be  revised  or  repealed  by  the  city  council, 
remain  in  force. 

Section  19.     Xo  member  of  the  city  council  shall  dur-  Members  of 
ing  the  term  for  which  he  is  elected  hold  any  other  office  nottrhoid 
in  or  under  the  city  government,  nor  have  the  expenditure  offlce,*etc. 
of  any  money  appropriated  by  the  city  council,  or  act  as 
counsel  in  any  matter  before  the  city  council  or  any  com- 
mittee thereof,  and  no  person  shall  be  eligible  for  appoint- 
ment to  any  municipal  office  established  by  the  city  council 
during  any  nmnicipal  year  for  which  he  is  elected  council- 
man,  until  the  expiration  of  the    succeeding   municipal 
year. 


240 


Acts,  1898.  — Ciiap.  302. 


Title  Four. 


Executive 
powers  vested 
in  mayor,  etc. 


Term  of  office, 
salary,  etc. 


May  Buspend 
officers  for 
cause,  etc. 


To  appoint  cer- 
tain executive 
officers,  etc. 


President  of 
city  council  to 
act  in  case  of 
vacancy  in 
office  of  mayor, 
etc. 


EXECUTIVE    DEPARTMENT. 

Section  20.  The  mayor  shall  have  and  exercise  all 
the  executive  powers  of  the  city,  to  l)o  carried  into  effect 
by  himself  or  through  the  several  boards  or  officers  in 
their  departments,  under  his  general  supervision  and  con- 
trol. He  shall  communicate  to  the  city  council  such 
information  and  recommend  such  measures  as  in  his  judg- 
ment the  interests  of  the  city  shall  require,  and  shall 
cause  the  laws,  ordinances  and  orders  for  the  government 
of  the  city  to  be  obeyed.  The  mayor  shall  hold  office  for 
the  municipal  year  beginning  w'ith  the  first  Monday  in 
January  next  following  his  election  and  until  his  successor 
is  elected  and  qualified.  He  shall  cause  a  record  of  all 
his  official  acts  to  be  kept,  and  his  salary  shall  be  twelve 
hundred  dollars  per  annum,  and  such  additional  sums  as 
the  city  council  may  establish  hy  ordinance  passed  by 
vote  of  two  thirds  of  all  the  members  thereof;  such  ordi- 
nance however  shall  not  take  efiect  until  the  year  succeed- 
ing that  in  which  it  was  passed. 

Section  21.  The  mayor  may  in  w^riting  suspend  any 
officer  for  cause,  and  he  shall  at  once  report  his  action 
and  his  reasons  therefor  to  the  city  council.  The  sus- 
pension of  any  officer  shall,  in  fifteen  days  after  the  said 
report  is  made,  be  a  removal,  unless  Avithin  that  time  the 
officer  asks  for  a  hearing  before  the  city  council,  which 
shall  forthwith  ])e  granted ;  and  if  after  such  hearing  the 
city  council  votes  that  the  mayor's  suspension  be  not  sus- 
tained the  officer  shall  at  once  l)e  reinstated. 

Section  22.  The  mayor  shall  appoint,  subject  to  con- 
firmation or  rejection  by  the  city  council,  the  executive 
officers  established  by  or  under  this  act,  unless  their  elec- 
tion or  appointment  is  herein  otherwise  ])rovi(led  for.  In 
case  of  any  vacancy  in  the  office  to  which  appointment  is 
made  by  the  mayor  he  may  personally  perform  the  duties 
thereof,  but  shall  not  be  entitled  to  receive  any  salary  or 
pay  attaching  thereto. 

Section  23.  AV^henever  there  is  a  vacancy  in  the 
office  of  mayor,  or  whenever  by  reason  of  sickness,  absence 
from  the  city  or  other  cause  the  mayor  shall  be  unable  to 
attend  to  the  duties  of  the  office,  the  president  of  the  city 
council  shall,  as  acting  mayor,  exercise  all  the  rights  and 


Acts,  1898.  — Chap.  302.  241 


powers  of  the  mayor  during  hucIi  vacancy,  inability  or 
absence,  but  shall  not  make  any  permanent  appointment 
unless  authorized  by  vote  of  the  city  council. 

Title  Five, 
school  committee. 
Section  24.     The  school  committee   shall  consist   of  school  com. 

.  ,  mittee,  election, 

the  mayor,  who  shall  be  ex  officio  chairman  of  the  board,  term,  etc. 
and  nine  other  persons,  three  to  be  chosen  at  each  annual 
election  and  to  hold  office  for  the  term  of  three  years  from 
the  tirst  Monday  in  January  next  following.  The  present 
school  committee  shall  continue  to  hold  office  until  the 
expiration  of  the  term  for  which  they  were  elected.  The 
school  committee  shall  serve  without  pay,  and  shall  have 
the  care  and  superintendence  of  the  public  schools,  and  the 
appointment  of  all  janitors  of  school  buildings,  who  shall 
be  under  their  direction  and  control.  All  the  rights  and 
obligations  of  the  city  of  Gloucester  in  relation  to  the 
grant  and  appropriation  of  money  to  the  support  of 
schools,  and  the  special  power  and  authority  heretofore 
conferred  l)y  law  upon  the  inhabitants  of  said  city  to  raise 
money  for  the  support  of  schools  therein,  shall  be  merged 
in  the  powers  and  obligations  of  the  city  under  this  char- 
ter, to  be  exercised  in  the  same  manner  as  over  other 
subjects  of  taxation  ;  and  all  grants  and  appropriations  of 
money  for  the  support  of  schools  and  the  erection  and 
repair  of  schoolhouses  in  said  city  shall  be  made  by  the 
city  council,  in  the  same  manner  as  grants  and  appropria- 
tions are  made  for  other  city  purposes.  Should  there  vacancy. 
fail  to  be  a  choice  of  members  of  the  school  committee 
at  the  annual  election  the  vacancies  shall  be  filled  by 
a  joint  ballot  of  the  city  council  and  school  committee, 
and  vacancies  thereafter  occurring  shall  be  filled  in  like 
manner. 

Section  25.     The  school  committee  shall  on  the  first  superintendent 

of  KcnoolK,  elec- 

Monday  in  June,  or  as  soon  thereafter  as  may  be,  choose  tiou,  term,  etc. 
by  a  vote  of  a  majority  of  its  members,  but  not  from  their 
number,  a  superintendent  of  schools,  who  shall  be  under 
their  direction  and  control.  Such  superintendent  shall 
hold  office  for  the  term  of  one  year  from  the  first  Monday 
in  July  in  the  year  of  his  election  unless  sooner  removed 
by  a  vote  of  a  majority  of  all  the  members  of  the  school 
committee. 


242  Acts,  1898.  — Cii.u\  302. 


Title  Six. 

derartments  and  administrative  officers. 
Department  and       SECTION  26.     Thd'e  shall  bc  thc  followJiig  department 
oiiicerB.  and  administrative  officers,  who  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  pre- 
scribe, 
works °^''"^''''  -^'  ^  board  of  public  works,  to  consist  of  three  com- 
missioners, to  ])e  elected  by  the  qualified  voters  at  large 
at  the  first  municipal  election  after  the  acceptance  of  this 
act ;  one  for  the  term  of  one  year,  one  for  the  term  of  two 
years  and  one  for  the  term  of  three  years  from  the  first 
Monday  in  January  next  following;  and  thereafter  an- 
nually by  the  voters  at  large  on  the  general  ticket  at  the 
annual  municipal  election,  one  commissioner  of  public 
works  to  serve  for  the  term  of  three  years.  The  board 
of  public  works  shall  have  the  control,  except  as  provided 
in  section  fifteen  of  this  act,  of  the  construction,  altera- 
tion, repair,  maintenance,  care  and  management  of  ways, 
streets,  highways,  sidewalks  and  bridges,  and  the  light- 
ing and  watering  thereof,  of  the  construction,  extension, 
alteration,  repair  and  care  of  public  sewers  and  drains, 
and  of  the  construction,  alteration,  repair,  maintenance  and 
care  of  all  the  public  buildings,  except  that  the  use  and 
occupancy  of  the  public  school  buildings  and  grounds 
shall  be  under  the  control  of  the  school  committee,  the 
use  and  occupancy  of  the  engine  houses  and  buildings  and 
grounds  of  the  fire  department  shall  be  under  the  control 
of  the  fire  commissioner,  the  pul)lic  parks  shall  be  under 
control  of  the  park  commissioners,  and  the  Huntress 
Home  shall  be  under  the  control  of  the  trustees  of  the 
home.  Said  board  of  public  works  shall  also  have  the 
care,  superintendence  and  management  of  the  public 
grounds  belonging  to  the  city  ;  the  care  and  control  of  the 
shade  and  ornamental  trees  standing  in  thc  streets  and 
public  ways ;  the  supervision  of  electric  light,  street  rail- 
way, telephone  and  telegraph  wires,  and  electric  light, 
street  railway,  telephone  and  telegraph  poles,  and  gas 
pipes,  and  of  the  erection  and  removal  thereof.  Said 
board  yhull  further  have  and  exercise  the  powers  and 
authority  vested  by  laws  of  the  Commonwealth  in  superin- 


Acts,  1898.  — Chap.  302.  243 

tendents  of  streets,  surveyors  of  highways,  road  commis- 
sioners of  towns,  sewerage  commissioners,  and  inspectors 
of  buildings,  and  shall  annually  appoint  a  superintendent 
of  streets,  to  act  under  their  direction,  and  may  employ 
engineers,  clerks  and  such  other  assistants  as  they  deem 
necessary,  and  may  fix  the  compensation  of  their  ap- 
pointees. No  person  or  corporation  authorized  by  law  or 
the  city  council  to  dig  up  any  public  street  or  sidewalk  in 
said  city  shall  begin  such  digging  before  furnishing  to  the 
board  of  public  works  security  satisfactory  to  them  to 
restore  such  street  or  sidewalk  to  its  former  condition. 

II.  A  water  department,  to  be  under  the  charge  of  water 

,      .  X      r,  •    i.     1     •       ii  department. 

three  commissioners,  to  be  appointed  in  the  manner  pro- 
vided by  chapter  four  hundred  and  fifty-one  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-five.  The  present 
members  of  the  board  of  water  commissioners  shall  con- 
tinue to  hold  their  respective  offices  according  to  the  tenure 
thereof.  The  board  of  water  commissioners  shall  exercise 
the  powers  and  discharge  the  duties  granted  to  and  im- 
posed upon  them  by  law,  and  shall  have  charge  of  the 
construction,  repair  and  maintenance  of  the  water  works, 
and  shall  also  exercise  all  the  powers  and  duties  granted 
to  and  imposed  upon  the  city  of  Gloucester  by  chapter 
four  hundred  and  fifty-one  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  including  the  purchase  or  taking 
of  land  or  other  property  or  rights. 

III.  A  fire  department,  to  be  under  the  charge  of  one  Fire 

fire  commissioner,  to  be  appointed  by  the  mayor  and  con-  tiepartment. 
firmed  by  the  city  council,  who  shall  hold  office  for  the 
term  of  two  years  from  the  first  Monday  in  February  next 
following  his  appointment.  The  fire  commissioner  shall 
ap[)oint  the  chief  engineer  and  such  assistant  engineers  as 
the  city  council  shall  from  time  to  time  prescribe,  also  the 
superintendent  of  the  fire  alarm  telegraph,  and,  upon  the 
recommendation  of  the  board  of  engineers,  such  officers 
and  members  of  the  fire  department  as  the  city  council 
may  from  time  to  time  determine.  The  chief  engineer 
shall  hold  office  for  the  term  of  one  year  beginning  with 
the  first  Monday  in  Fel)ruary  next  following  his  appoint- 
ment. The  fire  commissioner  shall  have  charge  of  the 
engines  and  apparatus,  of  hydrants  and  all  movable  ])rop- 
erty  appertaining  to  the  fire  department,  and  the  control 
and  management  of  all  the  afi'airs  pertaining  to  the  fire 
department  of  said  city. 


244 


Acts,  1898.  — Chap.  302. 


Police 
department. 


Board  of 
health. 


AsBesBing 
department. 


IV.  A  police  department,  to  consist  of  a  city  marshal 
and  such  number  of  patrolmen  and  other  officers  of  the 
department  as  the  city  council  may  determine.  The  city 
marshal  shall  hold  office  for  one  year  and  until  his  suc- 
cessor is  appointed  and  duly  qualified,  unless  sooner 
removed.  The  mayor  shall  have  exchisive  power  to 
appoint  the  city  marshal,  and  to  remove  him  whenever  in 
his  judgment  the  interest  of  the  city  may  require.  The 
order  for  his  removal  shall  be  filed  in  the  office  of  the  city 
clerk.  The  mayor  shall  also  have  the  exclusive  power  to 
appoint  all  other  members  of  the  police  department,  to 
hold  office  during  good  behavior,  but  he  may  remove 
any  such  member  for  cause,  in  the  manner  provided  in 
section  twenty-one  of  this  act.  The  police  department 
shall  be  under  the  charge  of  the  city  marshal. 

V.  A  board  of  health,  to  be  elected  as  follows: — In 
the  month  of  January  next  following  the  acceptance  of 
this  act  the  city  council  shall  elect  by  ballot  two  qualified 
voters,  one  to  serve  for  the  term  of  one  year  and  one  to 
serve  for  the  term  of  two  years  from  the  first  Monday  in 
February  next  following,  who,  together  wdth  the  city 
physician,  ex  officio,  shall  constitute  the  board  of  health 
of  the  city  of  Gloucester;  and  thereafter  annually  in  the 
month  of  January  the  city  council  shall  elect  by  l)allot  a 
qualified  voter  of  the  city  to  serve  as  a  member  of  the 
board  of  health  for  the  term  of  two  years  from  the  first 
Monday  in  February  next  following.  The  board  of  health 
shall  also  be  commissioners  of  public  cemeteries,  and  shall 
have  the  general  care,  direction  and  control  of  public 
burying  places,  and  all  work  in  and  upon  the  same,  and 
shall  have  and  exercise  all  the  powers  and  duties  incum- 
bent upon  boards  of  health  by  the  laws  of  the  Common- 
wealth and  the  ordinances  of  the  city  of  Gloucester. 

VI.  The  assessing  department,  to  l)e  under  the  charge 
of  three  assessors,  to  be  elected  by  ballot  by  and  from 
the  qualified  voters  at  large  at  the  annual  municipal  elec- 
tion, to  serve  for  the  term  of  three  years  from  the  first 
Monday  in  January  next  following  their  election.  The 
present  members  of  the  board  of  assessors  shall  continue 
to  hold  their  respective  offices  according  to  the  tenure 
thereof,  and  at  the  first  municipal  election  after  the  accept- 
ance of  this  act  the  city  council  shall  provide  for  the  elec- 
tion of  the  member  to  fill  the  vacancy  occurring  at  the 
end  of  the  municijial  year,  so  that  the  term  of  but  one 
assessor  shall  expire  in  the  same  year. 


Acts,  1898.  — Chap.  302.  245 

VII.  The  law  departmeut,  to  be  under  the  charjre  of  ^*^^; 

!••  I  ini  1  T  II  department. 

the  city  solicitor,  who  shall  be  elected  annually  by  the 
city  council  by  ballot  during  the  month  of  April,  for  the 
term  of  one  year  from  the  first  day  of  May  next  following. 
He  shall  })erform  all  legal  services  required  by  the  city, 
and  attend  to  all  proceedings  at  law  or  in  equity  in  which 
the  city  is  a  party,  and  to  all  claims  presented  to  the  city 
council.  For  said  purposes  he  shall  have  sole  charge  of 
all  such  matters  and  proceedings.  He  shall  give  in  writ- 
ing his  legal  opinion  upon  any  of  the  municipal  affairs  of 
the  city,  upon  the  request  of  the  mayor  or  the  city  coun- 
cil, and  in  addition  shall  give  his  opinion  of  the  law 
relating  to  the  municipal  affairs  in  any  (Jepartment,  upon 
request  made  by  the  head  of  such  department. 

VIII.  The  engineer  department,  to  be  under  the  charge  Engineer 
of  the  city  engineer.  department. 

IX.  The  city  clerk  department,  to  be  under  the  charge  city  cierk 

<•  ,  1  • ,  1       1  ^      department. 

of  the  city  clerk. 

X.  The  treasury  department,  to  be  under  the  charo;e  Treasury 

/,,,.,.  ^  L  o      department. 

of  the  city  treasurer. 

XI.  The  collectino;  department,  to  be  under  the  charge  collecting 

/•  i  1  11       .  /•  J       '^  department. 

of  the  collector  of  taxes. 

XII.  The  auditing  department,  to  be  under  the  charge  Auditing 

/.,i  .,  !•,  "      department. 

of  the  city  auditor. 

XIII.  The  charity  department,  to  be  under  the  charge  charity 
of  three  overseers  of  the  poor.     There  shall  be  elected  ''"P'*''*™^*' 
annually  in  the  month  of  January,  by  ballot  of  the  city 
council,  one  overseer  of  the  poor  for  the  term  of  three 

years  from  the  first  Monday  in  February  next  following 
his  election.  The  present  members  of  the  board  of  over- 
seers of  the  poor  shall  continue  to  hold  office  for  the  term 
for  which  they  were  severally  elected. 

XIV.  The  sinking  fund  department,  to  be  under  the  sinking  fund 
charge  of  three  commissioners,  to  be  elected  by  the  city  'department. 
council  by  ballot,  to  have  the  control  and  management 

of  the  sinking  funds  of  the  city  of  Gloucester,  subject  to 
the  laws  relating  thereto. 

XV.  A  public  park  department,  to  be  under  the  charge  Pubiicpark 
of  five  park  commissioners,  as  now  established  by  law,  '*'^p""™*^°'- 
who  shall  have  the  control  and  management  of  the  public 

))arks  of  the  city  of  Gloucester,  subject  to  the  laws  relat- 
ing thereto.  Said  commissioners  shall  be  appointed  by 
the  mayor,  subject  to  confirmation  by  the  city  council, 
*  and  the  present  commissioners  shall  continue  to  hold  office 
for  the  term  for  which  they  were  severally  appointed. 


246 


Acts,  1898.  — Chap.  302. 


Trustees  of 

IIiiiitreiiB 

Ilurue. 

City  physician. 


Additional 
administrative 
olllceB  may  be 
established. 


Certain  officers 
to  he  appointed 
by  tlio  mayor 
annually,  etc. 


Officers  and 
boards  to  be 
deemed  public 
officers. 


XVI.     A  board  of  trustees  of  the  Huntress  Home. 

XVn.  A  city  })hysician,  who  shall  be  appointed  by 
the  mayor,  with  the  approval  of  the  city  council,  for  a 
term  of  three  years. 

XVHI.  The  city  council  may  by  ordinance  establish 
additional  administrative  offices  and  define  the  duties  of 
the  incumbents  thereof,  and  such  officers  shall  be  subject 
to  the  provisions  of  this  act. 

XIX.  The  above-named  officers  and  members  of  boards 
shall,  unless  otherwise  provided  by  this  act  or  by  law,  be 
appointed  annually  in  the  month  of  January  by  the  mayor, 
subject  to  confirmation  by  the  city  council,  and  shall  hold 
office  for  the  term  of  one  year  from  the  first  Monday  of 
February  next  followinp;  their  appointment.  All  of  said 
officers,  including  members  of  said  boards,  whether  elected 
at  large  or  by  the  city  council,  or  appointed  by  the  mayor, 
shall  be  sworn  to  the  faithful  discharge  of  their  duties  and 
shall  hold  office  until  their  respective  successors  are  elected 
or  appointed  and  qualified. 

XX.  All  officers  and  boards  shall,  in  the  exercise  of 
the  duties  imposed  upon  them,  be  deemed  to  be  public 
officers,  and  for  their  acts  the  cit}'  shall  not  be  liable, 
except  so  far  as  liability  may  now  exist  for  the  acts  of 
public  officers  performing  the  same  duties. 


Title  Seven. 


Boards  to  elect 
permanent 
chairmen,  etc. 


City  auditor, 
powers  and 
duties. 


GENERAL   PROVISIONS. 

Section  27.  Each  of  the  above-named  boards  shall  at 
its  first  meeting,  on  or  after  the  first  Monday  in  February 
in  each  year,  or  as  soon  thereafter  as  may  be,  choose  by 
ballot  a  permanent  chairman  from  among  its  members, 
unless  otherwise  provided.  No  person  shall  be  chosen 
permanent  cliairman  unless  he  shall  receive  the  votes  of  a 
majority  of  all  the  mcinl)crs  of  the  board,  and  he  may  be 
removed  from  such  chairmanship  by  the  like  vote.  Each 
of  said  boards  shall,  unless  it  have  a  clerk  as  hereinbefore 
provided,  choose  a  secretary  from  among  its  members,  in 
the  same  manner  as  above  prescribed  for  the  choice  of  a 
chairman,  and  may  remove  him  in  the  like  manner. 

Section  28.  The  city  auditor  shall,  on  the  first  business 
day  of  every  month,  audit  all  accounts  in  which  the  city 
is  concerned  as  debtor  or  creditor,  and  shall  report  to  the 
city  council  as  it  may  direct.     He  shall  have  access  at  all 


Acts,  1898.  — Chap.  302.  247 

times  durin<<  business  Ikhii-h  to  :ill  tlic  hooks  :uul  voucliers 
of  the  city  treasurer. 

Section  29.     The   chairman    of  the    board    of  public  certain  officers 
works,  chairman  of  the  board  of  water  commissioners,  a  wuh'dty"  ^^'''^ 
member  of  the  school  comu)ittcc  appointed  for  that  pur- '=""'"'''' <''°- 
pose,  tire  commissioner,  and  city  auditor,  shall  l)c  respec- 
tively entitled  to  seats  with  the  city  council,  and  shall 
have   the   right   to    discuss   all  matters  relating  to  their 
respective  dei)artments  of  city  affairs,  but  shall  have  no 
right  to  vote.     They  shall  be  notified  in  like  manner  with 
the  council  men  of  all  meetings  of  the  city  council.     The 
mayor  may  at  any  time  address  the  city  council  in  person. 

Section  30.  The  administrative  officers  and  boards  Administrative 
above-named  in  this  title,  and  all  administrative  officers  nlar^ip point  or 
and  boards  established  by  the  city  council  and  not  coming  remove  cieriis, 
within  the  department  of  any  officer  or  board  so  above- 
named,  shall  have  the  power,  except  as  herein  otherwise 
provided,  to  appoint  or  employ  and  to  remove  or  dis- 
charge all  clerks  and  employees  in  their  respective  depart- 
ments. Such  appointments  shall  not  be  for  any  specified 
term  but  shall  hold  good  until  the  incumbent  is  removed 
or  discharged.  Orders  of  removal  shall  state  the  grounds 
thereof,  and  shall  be  entered  upon  the  records  of  the 
officer  or  board  making  the  same,  and  removals  shall  take 
effect  upon  the  filing  of  the  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. 

Section   31.     Every  board,  and  every  officer  above- Record  of 
named  who   is   not  a  member  of  a  board,  shall  keep  a  uo'ns'to'be"**"' 
record  of  all  official  transactions,  and  such  record  shall  be  ^®^*" 
open  to  public  inspection. 

Section  32.     The  city  council  shall  require  the  treas-  certain  officorB 
urer,   and  such  other  officers  as  are  entrusted  with  the   °  ^"'^ 
receipt,  care  and  disbursement  of  public  money,  to  give 
bonds  with  such  surety  as  it  shall  deem  proper,  for  the 
faithful  discharge  of  their  respective  duties. 

Section  33.  No  person  shall  be  elected  or  appointed  n^[eYigibiT°"* 
to  any  office  established  by  this  act  unless  at  the  time  of 
such  election  or  appointment  he  has  been  a  citizen  of  the 
United  States  for  at  least  one  year,  nor  to  any  office, 
except  on  the  board  of  public  works,  or  in  the  fire  depart- 
ment, or  to  the  office  of  city  marshal,  or  superintendent 
of  schools,  unless  at  the  time  of  such  election  or  appoint- 


248  Acts,  1898.  — Chap.  302. 

ment  he  has  l^eeu  a  resident  of  the  city  for  at  least  one 
year. 
Offices  to  Section  34.     Any  office  established  bv  or  under  this 

becoiue  vacant  j.iiii  "  ••!  11 

under  certain  act  shall  bccome  vacant  II  the  incumbent  thereof  ceases 
to  be  a  resident  of  the  city.  The  conviction  of  the  incum- 
bent of  any  office  of  a  crime  punishable  by  imprisonment 
shall  operate  to  create  a  vacancy  in  the  office  held  by 
him. 

fxpe^Beretc.  SECTION  35.  The  school  committee  and  every  officer 
and  board  having  the  expenditure  of  money  shall  annually, 
on  or  before  the  first  day  of  November,  furnish  to  the 
mayor  an  itemized  estimate  of  the  money  required  for  the 
ensuing  financial  year.  The  mayor  shall  examine  such 
estimates  and  shall,  on  or  before  the  fifteenth  day  of 
November,  submit  them,  with  his  itemized  and  detailed 

Appropriations,  recommcndations  thereon,  to  the  city  council.     Said  city 

expen  itures,  (,Qmj(>j[  g^all,  ou  or  bcfore  the  fifteenth  day  of  December 
in  each  year,  ap})ropriate  the  amount  necessary  to  meet 
the  expenditures  of  the  following  year,  and  such  appro- 
priation shall  not  thereafter  be  increased  nor  any  subse- 
quent appropriation  made  unless  by  a  vote  of  two  thirds 
of  all  the  members,  taken  by  yea  and  nay.  No  expendi- 
ture of  public  money  from  the  annual  appropriation  order 
shall  be  authorized,  except  by  a  vote  of  a  majority  of  all 
the  members  of  the  city  council  taken  by  yea  and  nay. 
No  expenditure  of  public  money  shall  be  made  l)y  any 
officer  or  board,  nor  any  liability  incurred  by  or  on  behalf 
of  the  city,  beyond  the  amount  duly  appropriated  there- 
for, set  forth  and  contained  in  the  annual  or  subsequent 
appropriation  order  of  the  city  council. 

Salaries  of  SECTION  3G.     The  city  council  shall  establish  by  ordi- 

city  omcerB,  •'  •  •     .      1  /t» 

etc.  nance  the  regular  salaries  or  remuneration  of  the  officers 

provided  for  by  this  act,  in  case  the  same  is  not  fixed 
herein,  and  of  such  other  officers  as  may  be  hereafter  pro- 
vided for;  and  no  ordinance  of  the  city  council  changing 
any  such  salary  or  remuneration  siiall  take  ellbct  until  the 
municipal  year  succeeding  that  in  which  the  ordinance  is 
passed.  Such  salary  shall  be  in  full  for  all  services  ren- 
dered to  the  city  by  the  officer  receiving  the  same. 

No  money  to  be       SECTION  37.     Tho  citv  couucil  sliall  take  care  that  no 

paid  from  ... 

treasury  unless  moiicy  is  paid  fVom  tlic  troasurv  unless  granted  or  ai)pro- 

granted  or  .  .  .    . 

appropriated,  pHatcd,  aiid  shall  secure  a  Just  and  proper  accountability 
by  requiring  bonds  with  sufficient  penalties  and  sureties 
from  all  persons  entrusted  with  the  receipt,  custody  or 


Acts,  1898.  — Chap.  302.  249 

disbursement  of  money.     It  shall  as  often  as  once  a  year  Account  of 
cause  to   be   published  for  the   use  of  the  inhabitants  a  elp^'fiuureB  to 
particular  account  of  the  receipts  and  expenditures  of  said  ^e^P"'ji'»hed, 
city  for  that  year,  and  a  schedule  of  all  of  the  city  property 
and  of  the  city  debt. 

Section  38.     No  sum  appropriated  for  a  specific  pur- sums  appro, 
pose  shall  be  expended  for  any  other  purpose,  and  no  Bpl>cmlp"uipoBe 
expenditure  shall  be  made  nor  lialjility  incurred  by  or  in  "°*ent}'e*dfor 
behalf  of  the  city  until  an  appropriation  has  been  duly  a"y  other 
voted  by  the  city  council  sufficient  to  meet  such  expendi- 
ture or  liability,  together  with  all  unpaid  jn-ior  liabilities 
which  are  payable  out  of  such  appropriation. 

Sectiox  39.  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",  or  of  any 
acts  in  amendment  thereof  or  in  addition  thereto,  or  of 
the  rules  made  by  the  commissioners  appointed  there- 
under ;  and  the  city  council  shall  make  sufficient  and 
proper  aj^propriations  for  carrying  out  and  enforcing  said 
act  and  such  rules  in  said  city. 

Section  40.  Administrative  boards,  and  officers  hav- certain  officers, 
ing  charge  of  a  department  shall,  within  their  respective  empi^y^'labor, 
departments,  employ  all  lal)or,  make  out  and  execute  all  e^nuactT^etT.'^ 
necessary  contracts,  purchase  all  materials  and  supplies, 
and  shall  in  general  have  the  immediate  direction  and  con- 
trol of  all  executive  and  administrative  business  ;  and  they 
shall  at  all  times  be  accountable  for  the  proper  discharge 
of  their  duties  to  the  mayor,  as  chief  executive  of  the  city. 
All  contracts  made  by  any  officer  or  board  shall,  when  the 
amount  involved  is  three  hundred  dollars  or  more,  be  in 
writing,  and  no  such  contract  shall  be  deemed  to  have 
been  executed  until  the  approval  of  the  mayor  is  affixed 
thereto.  All  such  contracts  shall  l)e  accompanied  by  a 
bond  with  sureties  satisfactory  to  the  officer  or  board  hav- 
ing the  matter  in  charge,  or  a  deposit  of  money  or  other 
securities  for  the  faithful  discharge  of  such  contract,  and 
such  bond,  money  or  other  securities  shall  be  deposited 
with  the  city  clerk  until  the  contract  shall  have  been 
carried  out  in  every  respect ;  and  no  such  contract  shall 
be  altered  except  by  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. 


250 


Acts,  1898.  — Chap.  302. 


May  ndvertiso 
for  propoHaIrt 
for  work  or 
BupplicB,  etc. 


City  council  to 

oHtablish 

Are  limite,  etc. 


Repeal,  etc. 


Secttox  41.  Whenever  mechanical  or  other  work  is 
n(»cessary  to  be  done  or  supplies  arc  required  for  the  city 
at  a  cost  amount) n<j^  to  one  hundred  dollars  or  more  the 
])oard  or  committee  havini»;  the  matter  in  charge  shall 
invite  proposals  therefor  by  advertisements  in  not  more 
than  two  newspapers  published  in  said  city,  such  adver- 
tisements to  state  the  time  and  place  for  opening  the  pro- 
posals in  answer  to  such  advertisements,  and  the  right 
reserved  to  said  board  or  committee  to  reject  any  or  all 
proposals.  JVery  proposal  for  doing  such  work  or  mak- 
ing such  sale  shall  ])e  accompanied  by  a  certificate  of 
deposit  for  the  sum  of  not  less  than  twenty-five  dollars, 
and  in  no  case  for  a  less  sum  than  five  per  cent,  of  the 
amount  of  the  proposal,  for  the  faithful  performance  of 
such  proposal ;  and  all  such  proposals  shall  be  kept  by 
the  officer  or  board  inviting  the  same,  and  shall  be  open 
to  public  inspection  after  said  proposals  have  been  ac- 
cepted or  rejected.  Should  the  party  to  whom  the  award 
is  made  fail  to  perform  the  obligations  of  his  agreement 
the  amount  of  the  certificate  of  deposit  shall  thereby  be- 
come forfeited  to  the  city. 

Section  42.  The  city  council  shall  establish  fire  limits 
within  the  city,  and  from  time  to  time  change  or  enlarge 
the  same ;  and  may  by  ordinance  regulate  the  construc- 
tion of  all  buildings  erected  within  said  fire  limits,  stipu- 
lating their  location,  size,  and  the  material  of  which  they 
shall  l)e  constructed,  and  may  make  such  other  rules  and 
regulations  as  shall  tend  to  prevent  damage  by  fire,  pro- 
vided the  same  are  not  inconsistent  with  the  laws  of  the 
Commonwealth . 

Section  43.  All  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed,  but  the  passage  of  this  act 
shall  not  aficct  any  right  accruing  or  accrued,  or  any  suit, 
prosecution  or  other  legal  proceeding  pending  at  the  time 
when  it  shall  take  effect  by  acceptance,  as  herein  provided, 
and  no  penalty  or  forfeiture  previously  incurred  shall  be 
affected  thereby.  All  persons  holding  offices  in  said  city 
at  the  time  this  act  shall  be  accepted  as  aforesaid  shall 
continue  to  hold  such  oflSces  until  the  organization  of  the 
new  city  government  hereby  authorized  is  effected,  and 
until  their  respective  successors  are  chosen  and  qualified. 
All  the  by-laws  and  ordinances  of  the  city  of  Gloucester 
which  are  in  force  at  the  time  when  said  acceptance  takes 
effect,  and  which  are  not  inconsistent  with  the  provisions 


Acts,  1898.  — Chap.  30.*].  251 

of  this  act,  shall  continue  in  force  until  the  same  are 
repealed  by  the  city  council.  No  act  which  has  been 
heretofore  repealed  shall  be  revived  by  the  repeal  of  the 
acts  mentioned  in  this  section. 

Spxtion  44.  The  question  of  the  acceptance  of  this  suhmiBsionof 
act  shall  be  submitted  to  the  legal  voters  of  the  city  of  acceptance. 
Gloucester  at  the  annual  state  election  in  the  present  year. 
The  vote  shall  be  taken  by  ballot  in  accordance  with  the 
provisions  of  chapter  four  hundred  and  seventeen  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-three  and 
acts  in  amendment  thereof  and  in  addition  thereto,  so  far 
as  the  same  shall  be  applicable,  in  answer  to  the  question  : 
"  Shall  an  act  passed  by  the  general  court  in  the  year 
1898,  entitled  '  An  Act  to  revise  the  Charter  of  the  City 
of  Gloucester',  be  accepted?"  and  the  aiErmative  votes  of 
a  majority  voting  thereon  shall  be  required  for  its  accept- 
ance. In  case  this  act  shall  fail  to  be  thus  accepted  by 
the  voters  of  said  city  at  its  first  submission  under  this 
section  it  may,  at  the  next  annual  state  election,  be  again 
thus  sul)mitted  for  acceptance,  but  not  after  two  years 
from  the  passage  thereof. 

Section  45.     So  much   of  this  act  as  authorizes   the  when  to  take 
submission  of  the  question  of  its  acceptance  to  the  legal  ®^^''*^' 
voters  of  the  said  city  shall  take  effect  upon  its  passage, 
l)ut  it  shall  not  take  further  effect  unless  accepted  by  the 
legal  voters  of  said  city  as  above-provided. 

Approved  April  12,  1898. 


C7iap.S03 


An  Act  to  authorize  the  hanover  street  railway  company 
to  act  as  a  common  carrier  of  small  parcels,  and  of  the 
united  states  mail. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    Hanover   Street   Railway  Company  May  act  an  a 
may  act  as  a  common  carrier  of  small  parcels  of  merchan-  of"n"ui  "" 
disc,  and  may  also  carry  the  United  States  mail :  provided^  p'^°^"|,q'/^''' 
that   said  company   shall   not  so  act  in  any  town  until 
authorized  to  do  so  by  a  two  thirds  vote  of  the  voters  of 
said  town   present  and  voting  thereon  at  an  annual  or 
special  meeting  called   for  the   purpose ;    and  provided, 
further,  that  said  company  shall  in  the  carrying  of  par- 
cels be  subject  to  such  by-laws  and  regulations  as  may 
from  time  to  time  be  made  ])y  said  towns  ;  and  shall  also 
be  subject  to  the  provisions  of  chapter  seventy-three  of 


252 


Acts,  1898.  —  Chaps.  304,  305. 


Chap 


May  act  as  a 
common  carrier 
of  small 
parcels,  etc. 

Provisos. 


the  Public  Statutes  and  to  all  laws  relating  to  common 
carriers. 

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

Approved  April  12,  1898. 

.304  ^^  ■'^CT  TO  AUTHOUIZE  THE  ROCKLAND  AND  ABINGTON  STREET 
RAILWAY  COMPANY  TO  ACT  AS  A  COMMON  CARRIER  OF  SMALL 
PARCELS,   AND   OF   THE   UNITED   STATES   MAIL. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  Rockland  and  Abington  Street  Rail- 
way Company  may  act  as  a  common  carrier  of  small 
parcels  of  merchandise,  and  may  also  carry  the  United 
States  mail :  iwovided,  that  said  company  shall  not  so  act 
in  any  town  until  authorized  to  do  so  by  a  two  thirds  vote 
of  the  voters  of  said  town  present  and  voting  thereon  at 
an  annual  or  special  meeting  called  for  the  purpose ;  and 
provided,  further,  that  said  company  shall  in  the  carrying 
of  parcels  be  subject  to  such  by-laws  and  regulations  as 
may  from  time  to  time  be  made  by  said  towns  ;  and  shall 
also  be  subject  to  the  provisions  of  chapter  seventy-three 
of  the  Public  Statutes  and  to  all  laws  relating  to  common 
carriers. 

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

Approved  April  12,  1898. 

ChCin.305  ^^    ^^^    '^^    authorize   the   town  of  LINCOLN   TO   RELEASE   CER- 
TAIN  LANDS   AND   EASEMENTS. 

Be.  it  enacted,  etc.,  asfolloios: 

Section  1.  The  town  of  Lincoln,  for  the  purpose  of 
compromising  the  claims  of  George  G.  Tarbell  and  Helen 
V.  V.  Warren,  on  account  of  damages  occasioned  to  their 
respective  estates  by  reason  of  certain  alleged  takings  of 
land  made  by  the  water  commissioners  of  said  town  on 
the  tenth  day  of  March  in  the  year  eighteen  hundred  and 
ninety-six,  is  hereby  authorized  to  release  to  the  said 
Tarbell  and  Warren,  respectively,  such  lands  and  such 
rights  and  casements  therein  as  the  said  town  ma^"^  deem 
proper,  and  the  selectmen  are  authorized  in  the  name  of 
the  town  to  execute  and  deliver  to  the  said  owners  such 
releases,  in  conformity  with  this  act,  as  the  town  has 
directed  or  may  hereafter  direct  by  vote. 

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

Approved  April  12,  1898. 


May  release 
ceriaia  lands, 
etc.,  to  George 
6.  Tarbell  and 
Helen  V.  V. 
Warren. 


Acts,  1898.  —  Chaps.  30G,  807.  253 


An  Act  to  extend  the  time  for  the  completion  and  opera-  (JJiaV'^OQ 

TION   of   the   MILLBURY,  SUTTON   AND   DOUGLAS   RAILROAD. 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .  Section  seven  of  chapter  three  hundred  amended  ^  ^' 
and  iseventy-two  of  the  acts  of  the  ^car  eighteen  lumdred 
and  ninety-seven  is  hereby  amended  by  strikino-  out  in 
the  fourth  line,  the  words  "one  year",  and  inserting  in 
place  thereof  the  words:  —  two  years, — and  by  striking 
out  in  the  sixth  line,  the  word  "two",  and  inserting  in 
place  thereof  the  word: — three,  —  so  as  to  read  as  fol- 
lows:—  Section  7.  This  act  shall  be  void  unless  said  Time  extended. 
railroad  shall  be  located  within  six  months  after  the  pas- 
sage of  this  act,  and  the  work  of  construction  of  said  rail- 
road upon  said  location  shall  be  actually  commenced 
within  two  years  after  the  passage  of  this  act,  and  unless 
said  railroad  shall  be  completed  and  in  actual  operation 
within  three  years  after  the  passage  of  this  act. 

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

Approved  April  12,  1898. 


Ckap.307 


An  Act  relative  to  the  employment  of  prisoners  of  the 
massachusetts  reformatory  upon  lands  and  buildings 
oavned  by  the  commonwealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-two    of  chapter  two  hun-  1 884, 255,  §  32, 
dred  and  fifty-five  of  the  acts  of  the  year  eighteen  hundred  '^"^ 
and  eighty-four  is  hereby  amended  by  striking  out  in  the 
third  and  fourth  lines,  after  the  word  "  Commonwealth", 
the  words  "  in  the  town  of  Concord  ",  and  by  striking  out 
the  word  "land",  in    the  fourth  line,  and  inserting  in 
place  thereof  the  words  :  —  lands  or  l)uildings,  — so  as  to 
read   as    follows:  —  /Section   32.     Prisoners   confined   in  Prisoners  may 
said  reformatory  may  be  employed,  in  the  custody  of  an  upon'iamie^' 
officer,  upon  any  lands  or  buildings  owned  by  the  Com-  ^^'i'd'^K*.  ^tc. 
mon wealth,    and   whoever   escapes    from    said    lands    or  Escape, 
buildings    shall    be    deemed   to   have   escaped  from  said 
rcfomiatory. 

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

Approved  April  12,  1898. 


254 


Acts,  1898.  —  Chaps.  308,  309. 


1892,  419,  §  23, 
amended. 


Chap.SOS  '^^     ■^^'^     RELATIVE     TO     THE     CONSTRUCTION,     MAINTENANCE     AND 
INSPECTION   OF   BUILDINGS  IN  THE   CITY   OF   BOSTON. 

Be  it  eucicted,  etc.,  as  follows: 

Section  twenty-three  of  chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two  is  hereby  amended  by  adding  at  the  end  of  said 
section  the  following  words :  —  And  all  such  buildings 
hereafter  erected  which  are  used  above  the  tirst  floor  as 
warehouses  or  stores  for  the  storage  or  sale  of  merchan- 
dise shall  not  exceed  one  hundred  feet  in  height,  and  shall 
be  so  divided  by  brick  partition  walls  of  the  thickness 
prescribed  for  })earing  partition  walls,  and  carried  thirty 
inches  above  the  roof,  that  no  space  inside  any  such 
building  shall  exceed  in  area  ten  thousand  square  feet,  — 
so  as  to  read  as  follows  :  —  Section  23.  A  first  class 
building  shall  consist  of  non-inflammable  material  through- 
out, with  floors  constructed  of  iron  or  steel  beams  filled 
in  between  with  terra  cotta,  or  other  masonry  arches, 
except  that  wood  may  be  used  for  under  and  upper  floors, 
window  and  door  frames,  sashes,  doors,  standing  finish, 
hand  rails  for  stairs,  necessary  sleepers  l)eddcd  in  con- 
crete, and  for  isolated  furring  blocks  bedded  in  the  plaster. 
There  shall  be  no  air  space  between  the  top  of  any  floor 
arches  and  the  floor  boarding,  and  no  air  space  behind 
any  w^oodwork.  And  all  such  buildings  hereafter  erected 
which  are  used  above  the  first  floor  as  warehouses  or 
stores  for  the  storage  or  sale  of  merchandise  shall  not 
exceed  one  hundred  feet  in  height,  and  shall  be  so  divided 
by  brick  partition  walls  of  the  thickness  prescribed  for 
bearing  partition  walls,  and  carried  thirty  inches  above 
the  roof,  that  no  space  inside  any  such  building  shall 
exceed  in  area  ten  thousand  square  feet. 

Approved  April  12,  189S. 


Construction, 
etc.,  of  first 
cl.iHs  buildings 
in  the  city  of 
Boston. 


Chai). 30^  An  Act  to  incorporate  the  Plymouth  and  sandwich  street 

RAILWAY   COMPANY. 


Plymouth  and 
Sandwich 
Street  Railway 
Company 
incorporated. 


Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  William  H.  Brine,  Horace  B.  Taylor, 
William  B.  Arnold,  Thomas  Arnold,  Edward  P.  Boynton, 
Thomas  E.  Cornish,  Charles  C.  Doten,  Daniel  E.  Damon, 
Freeman  11.  Holmes,  Elisha  W.  Ellis,  AVilliam  II.  Hawloy 
and  Alonzo  Warren,  their  associates  and  successors,  are 


Acts,  1898.  — Chap.  309.  255 

hereby  made  a  corporation  under  the  name  of  the  Plymouth 
and  Sandwich  Street  Railway  Company,  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties,  con- 
ditions and  restrictions  set  forth  in  all  general  laws  which 
now  are  or  hereafter  may  be  in  force  relating  to  street 
railway  companies. 

Sectiox  2.     Said  company  may  locate,  construct,  main-  May  conBtruct, 
tain  and  operate  its  railway  with  a  single  or  double  track,  fn'^certain'"'^''^ 
in  such  manner  as  may  be  convenient  and  necessary,  in  *°^^°^- 
part  upon  private  land  acquired  by  purchase  or  lease,  and 
upon  streets,   highways  or  state  roads  in  the  towns  of 
Plymouth,  Bourne  and  Sandwich,  subject  to  the  approval 
and  control  of  the  selectmen  of  said  towns,  as  provided 
by  general  law,  and  sul)ject  also  to  the  approval  of  the 
Massachusetts  highway  commission  as  to  any  part  of  said 
railway  located  upon  a  state  highway.     The  location  of  Location. 
said  railway  outside  the  public  streets  and  highways  shall 
not  exceed  fifty  feet  in  width,  with  convenient  turn-outs 
and    switches.       The   most   northerly   or    northwesterly 
terminus    of  said   railway   shall   not  be  north  or  north- 
westerly of  a  line  drawn  northeasterly  and  southwesterly, 
through  the  center  of  the  Hotel  Pilgrim  and  South  pond, 
in  the  town  of  Plymouth. 

Section  3.  Said  company  may  maintain  and  operate  Motive  power, 
its  railway  by  any  motive  power  other  than  steam,  and  ^**^" 
may  erect  and  maintain  poles  and  wires  on  private  lands 
purchased  or  leased  for  the  purposes  of  said  railway,  and, 
with  the  consent  of  the  board  of  selectmen,  may  erect 
sucli  poles  and  wires  and  may  make  such  excavations  in 
the  streets  and  highways  as  may  be  necessary  to  establish 
and  maintain  such  motive  power.  It  may  acquire  by 
purchase  or  lease  all  real  estate  and  water  power  required 
for  its  power  stations,  tracks,  poles,  wires,  car  houses 
and  other  uses  incident  to  the  proper  maintenance  and 
operation  of  its  railway. 

Section  4.     The  capital  stock  of  said  company  shall  oapitai  stock. 
not  exceed  one  hundred  thousand  dollars,  })rovided  that 
said  company  may  increase  its  capital  stock,  subject  to 
the  provisions  of  the  general  laws  relative  thereto. 

Section  5.     Said  company,  in  order  to  meet  expenses  Mayissuo 
incurred  under  this  act,  may  issue  bonds  not  exceeding  LTndfi'ac. 
the    amount    of  its    capital  stock,  and  payable  within  a 
period  not  exceeding  thirty  years  from  the  date  thereof, 
secured  l)y  mortgage  of  its  franchise  and  property,  subject 


256 


Acts,  1898.  — Chap.  309. 


May  carry  on 
an  exi)res« 
buBineBB,  etc. 


May  use  certain 
trackB  of  the 
Plymouth  and 
KiuKBton  Street 
Railway 
Company,  etc. 


To  be  Bubjcct 
to  certain  pro- 
visions of  law. 


Road  to  be 
In  operation 
within  three 
years,  etc. 


to  the  general  laws  relative  thereto,  and  in  such  mortgage 
may  reserve  to  its  directors  the  right  to  sell  or  otherwise 
in  due  course  of  business  to  dispose  of  property  included 
therein  which  may  become  unsuitable  for  use,  j^rovided 
an  equivalent  in  value  is  substituted  therefor. 

Section  6.  Said  company  is  hereby  authorized  to  use 
its  tracks  for  the  transportation  of  passengers  and  their 
baggage,  and  freight,  to  carry  on  an  express  business,  to 
be  a  common  carrier  of  goods  and  merchandise,  and  to 
carry  the  mails  upon  and  over  any  street  or  highway,  or 
over  any  private  land  upon  which  it  may  be  authorized 
to  construct  its  tracks  as  aforesaid. 

Section  7.  Said  company  may,  when  it  ha?s  con- 
structed its  road  into  the  towns  of  Bourne  and  Sandwich 
and  up  to  the  terminus  of  the  tracks  of  the  Plymouth  and 
Kingston  Street  Railway  Company,  at  or  near  the  Hotel 
Pilgrim  at  Chiltonvillc  in  the  town  of  Pl3^mouth,  enter 
upon  and,  except  for  the  transportation  of  passengers,  use 
with  its  cars  the  tracks  of  the  Plymouth  and  Kingston 
Street  Railway  Company  between  said  Hotel  Pilgrim  and 
the  railroad  station  in  the  town  of  Plymouth,  uj^on  such 
terms  and  conditions  and  for  such  compensation  as  the 
two  companies  may  agree  upon,  and  sul)ject  to  such  regu- 
lations as  may  from  time  to  time  be  made  by  the  selectmen 
of  the  towns  in  which  said  companies  operate  their  roads. 
If  said  companies  fail  to  agree  upon  such  terms,  conditions 
and  compensation,  the  same  may,  upon  the  petition  of 
either  company,  be  submitted  to  the  board  of  railroad 
commissioners  for  its  determination.  And  the  finding  of 
said  board  shall  be  final  and  binding  upon  each  of  the  said 
companies,  and  may  bo  enforced  l)y  process  issuing  out 
of  the  supreme  judicial  court  or  the  superior  court. 

Section  8.  Said  Plymouth  and  Sandwich  Street  Rail- 
way Company,  in  the  exercise  of  the  authority  granted  by 
the  two  preceding  sections,  shall  be  subject  to  the  pro- 
visions of  chapter  seventy-three  of  the  Public  Statutes  and 
to  all  laws  relating  to  common  carriers  and  express  com- 
panies. 

Section  9.     The  authority  herein  granted  shall  cease 
if  the  proposed  road  is  not  constructed  and  put  in  opera- 
tion within  three  years  from  the  passage  of  this  act. 
Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  1898. 


Acts,  1898.— Chap.  310.  257 


An  Act  to  incorporate  the  falmoutii  harbor  company.       (Jhar)  310 
Be  it  enacted,  etc.,  asfolloios: 

Section  1.     Robert  W.  Emniona,  second,  William  B.  ^^^/JJ""*^ 
Bacon,  Roland  Worthington,  Edward  N.  Fenno,  James  company 
Arthur  Bcebe,  Charles  H.  Jones,  Edwin  P.  Boggs,  Thomas  '"''"'^p'^'^''*®  • 
J.  McLane,  Herbert  II.  Lawrence,  Joshua  C.  Robinson, 
John  H.   Crocker,   William  H.   Hewins   and   Harry  V. 
Lawrence,   their   associates   and    successors,    are   hereby 
made  a  corporation  by  the  name  of  the  Falmouth  Harbor 
Company,  for  the  purpose  of  connecting  Salt  pond,  so- 
called,  in  the  town  of  Falmouth,  with  the  waters  of  Vine- 
yard Sound,  by  making  a  cut  of  such  width  and  depth  as 
will  enable  said  Salt  pond  to  be  used  as  a  harbor  by  yachts, 
pleasure  boats  and  coastwise  vessels. 

Section  2.     Said  corporation  may  for  the  purposes  set  ^a^fjutock"'^ 
forth  in  this  act  hold  real  estate  not  exceeding  ten  thousand 
dollars  in  value,  and  the  whole  capital  stock  of  said  cor- 
poration shall  not  exceed  twenty  thousand  dollars,  to  be 
divided  into  shares  of  twenty-five  dollars  each. 

Section  3.  Said  corporation  for  the  purposes  aforesaid  ^owcem^n*^ 
may  take  by  purchase,  gift  or  otherwise  and  hold  in  fee  lands,  etc. 
all  lands,  rights  of  way  and  easements  necessary  for  so 
connecting  said  pond  with  the  sea,  and  for  establishing 
said  harbor,  but  shall  in  all  respects  be  subject  to  the 
provisions  of  chapter  nineteen  of  the  Public  Statutes  and 
of  any  other  laws  which  now  are  or  hereafter  may  be  in 
force  applicable  thereto. 

Section  4.  Said  corporation  shall,  within  sixty  days  Description  of 
after  the  taking  of  any  lands,  rights  of  way  or  easements  bTreco^rded!" 
as  aforesaid,  otherwise  than  by  purchase,  file  and  cause  to 
be  recorded  in  the  registry  of  deeds  for  the  county  of 
Barnstable  a  description  thereof  sufficiently  accurate  for 
identification,  with  a  statement  of  the  purposes  for  which 
the  same  were  taken,  signed  by  the  president  of  the  cor- 
poration. 

Section  5.  Said  corporation  shall  pay  all  damages  Damages, 
sustained  by  any  person  or  corporation  in  property  by 
the  taking  of  any  land,  right  of  way  or  easement,  or  by 
any  other  thing  done  by  said  corporation  under  the 
authority  of  this  act.  Any  person  or  corporation  sustain- 
ing damages  as  aforesaid  under  this  act,  and  failing  to 
agree  with  said  corporation  as  to  the  amount  of  damages 
sustained,  may  have  the  damages  assessed  and  determined 


258 


Acts,  1808.  —  Cilu'.  311. 


in  the  manner  provided  by  law  when  land  ia  taken  for 
laying  out  highways,  upon  ai)plicati()n  at  any  time  within 
the  period  of  three  years  from  the  taking  of  such  land  or 
other  property  or  the  doing  of  any  other  injury  under  the 
authority  of  this  act ;  but  no  such  application  shall  be 
made  after  the  expiration  of  said  three  years. 
Town  of  Skction  G.     The  towu  of  Falmoutli  is  hereby  authorized 

}i:iliiioiith  may  .  .  ''         , . 

appiopiiateii  to  raisc  by  taxation  a  sum  ot  money  not  exceeding  one 
mail"t"nanceof  thousaud  dollars  per  year,  and  to  apin-oj)riate  the  same  for 
harbor, etc.  ^j^^  maintenance,  repair  and  improvement  of  said  harbor. 
The  harbor  when  constructed  shall  be  within  the  provi- 
sions of  chapter  nineteen  of  the  Pul)lic  Statutes  and  of  all 
acts  in  amendment  thereof  and  in  addition  thereto ;  and 
in  addition  to  the  powers  now  possessed  the  harbor  mas- 
ter may  annually  locate  to  applicants  fixed  moorings,  for 
which  a  reasonable  toll  may  be  charged,  and  the  proceeds 
thereof  shall  be  applied  to  the  preservation  and  mainte- 
nance of  the  harbor  and  the  entrance  thereto,  by  and  in 
such  manner  as  said  corporation  may  direct. 

Section  7.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  town  of  Falmouth  at  a  town  meeting  legally 
called  for  the  purpose.  Approved  April  12,  1S9S. 


When  to  laku 
effect. 


ChciJJ.31.1   '^^   ^^^   RELATIVE   TO   THE    DISTRIBUTION   OF   THE   SECOND   SUPPLE- 
MENT  TO   THE   PUBLIC   STATUTES. 


1895,303,  §3, 
amended. 


DiBtribution  c 
Hecond  unpple 
nieiit  to  Publi 
Statutes . 


Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  three  hundred  and  sixty-three 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-five  is 
hereby  amended  by  inserting  after  the  word  "eighty- 
eight",  in  the  fourth  line,  the  words  :  —  chapter  sixty  of 
the  resolves  of  the  year  eighteen  hundred  and  ninety-one, 
—  by  striking  out  the  Avord  "  of",  in  the  fourth  line,  and 
by  adding  at  the  end  thereof  the  Avords  :  — and  ten  copies 
to  the  compiler  of  the  supplement,  —  so  as  to  read  as 
follows  :  —  Section  3.  Copies  of  such  supplement  shall 
be  distributed  as  provided  in  section  four  of  chapter  three 
hundred  and  eight}'-three  of  the  acts  of  the  }Tar  eighteen 
hundred  and  eighty-eight,  chapter  sixty  of  the  resolves  of 
the  year  eighteen  hundred  and  ninety-one,  and  chapter 
two  hundred  and  thirty-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five  ;  and  one  copy  shall  be 
furnished  each  member  of  the  general  court  of  the  year 
eighteen  hundred  and  ninety-five,  and  ten  copies  to  the 
compiler  of  the  supplement.        Approved  April  12,  1S98. 


Acts,  1898.  —  Chaps.  312,  313.  259 


An  Act  to  piiovidk   for  the  payment  of  the   expenses  of  (Jhrij)  ^12, 

THE   state   BOAKU   OF    BAU   EXAMINERS. 

Be  it  enacted,  etc. ,  as  J'olloivs : 

Section  1.  There  shall  be  iillowed  and  paid  to  the  state  board  of 
members  of  the  .state  board  of  bar  examiners  established  '^^■-«-^^""'"'^'^- 
by  elia|)ter  tive  hundretl  and  eight  of  the  acts  of  tlie  year 
eighteen  hundred  and  ninety-seven,  by  the  treasurer  of  the 
Commonwealth  from  time  to  time,  upon  the  approval  of 
a  Justice  of  the  supreme  judicial  court,  such  sums  of  money 
as  may  be  cert i tied  by  the  chairman  of  said  board  to  be 
required  for  the  expenses  of  said  l)oard. 

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

Approved  Ap>Hl  12,  1898. 

An  Act  to  enable  the  city  of  boston  to  finish  the  con-  /^/i^-tiQI^ 
struction  of  its  public  parks.  ^* 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  city  of  Boston  shall  continue  the  con-  cuy  treasurer 
struction  of  the  public  parks  of  said  city,  other  than  play-  note8"o^r  script,' 
grounds,  and  to  pay  the  expenses  to  be  incurred  therefor,  '^^'^' 
including  })ayments  for  land,  the  city  treasurer  shall  from 
time  to  time,  on  the  request  of  the  mayor,  issue  to  the 
total  amount  of  five  hundred  thousand  dollars,  notes, 
bonds  or  scrip  of  said  city,  payable  thirty  years  from  the 
date  thereof,  and  l)earing  interest  payable  at  such  times 
and  at  such  rate,  not  exceeding  four  per  cent,  per  annum, 
as  shall  be  tixed  by  said  treasurer:  provided,  however,  fioxwob. 
that  the  total  amount  of  such  bonds,  notes  or  scrip  shall 
not  exceed  tive  hundred  thousand  dollars,  and  the  indeV)t- 
edness  so  incurred  shall  not  be  taken  into  account  in 
determining  the  debt  limit  of  said  city ;  and  provided, 
further,  that  no  paii  of  the  amount  hereby  authorized 
shall  be  used  for  the  payment  of  any  land  not  already 
taken  or  purchased.  Any  loan  authorized  by  the  city 
council  of  said  city  for  the  purposes  aforesaid,  between  the 
tirst  day  of  January  in  the  year  eighteen  hundred  and 
ninety-eight  and  the  date  of  the  passage  of  this  act,  shall 
not  be  taken  into  account  in  determining:  the  debt  limit 
ot  said  city,  ])ut  the  loan  above  authorized  shall  be  reduced 
by  such  amount. 

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

Approved  April  12,  1898. 


260 


Acts,  1898.  — Chaps.  314;  315. 


May  incur  in- 
debtedness 
beyond  debt 
limit  for  school 
purposes,  etc. 


OhCip.314:  ^^    ^^^    '^^    AUTHORIZE     THE     CITY    OF    NEWBURYPORT     TO     INCUR 
INDEBTEDNESS   FOR   SCHOOL  PURPOSES,   BEYOND   ITS   DEBT   LISHT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Newburyport,  for  the  purpose 
of  providing  additional  school  accommodations  in  said 
city,  may  incur  indebtedness  beyond  the  limit  of  indebted- 
ness tixed  by  law  for  said  city,  to  an  amount  not  exceeding 
twenty-five  thousand  dollars.  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,  and  of  acts  in  amendment  thereof 
and  in  addition  thereto,  shall,  except  as  herein  otherwise 
provided,  apply  to  the  indebtedness  hereby  authorized 
and  to  the  securities  issued  therefor. 

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

Approved  April  12,  1898. 


OAa».315  ^^    ^^^    RELATIVE     TO    THE    TEMPORARY     RELEASE    OF    CHILDREN 

FROM   TRUANT   SCHOOLS. 


1894,  498,  §  18, 
ameDded. 


Discharge  and 
temporary 
release  of 
children  from 
truant  schouls, 
etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eighteen  of  chapter  four  hundred 
and  ninety-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  herel)y  amended  by  adding  at  the  end 
thereof  the  following  words:  —  and  in  case  of  death  or 
serious  illness  in  the  immediate  family  of  an  inmate  of  a 
truant  school  such  judges  or  justices  may  order  such 
inmate  to  be  temporarily  released  for  a  specified  time, 
either  with  or  without  the  custody  of  the  superintendent 
or  other  oflScer,  and  may  revoke,  extend  or  otherwise 
modify  such  order,  the  expenses  incurred  in  serving  such 
order  to  be  approved  and  paid  like  other  expenses  of  such 
institution,  —  so  as  to  read  as  follows: — Section  18. 
Children  so  committed  may,  upon  satisfactory  proof  of 
amendment  or  other  sufiicient  cause,  be  discharged  from 
the  state  primary  school  by  said  state  board,  and  from 
other  places  of  confinement  by  the  judge  or  justice  who 
committed  them ;  and  in  case  of  death  or  serious  illness 
in  the  immediate  family  of  an  inmate  of  a  truant  school 
such  judges  or  justices  may  order  such  inmate  to  l)e  tem- 
porarily released  for  a  specified  time,  either  with  or  with- 
out the  custody  of  the  superintendent  or  other  officer,  and 
may  revoke,  extend  or  otherwise  modify  such  order,  the 


Acts,  1898.  — Chaps.  316,  317,  318.  261 

expenses  incurred  in  serving  such  order  to  be  approved 
and  paid  like  other  expenses  of  such  institution. 

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

Ai^proved  April  12,  1898. 


Chap.^lQ 


An  Act   kelative  to   the   compensation  of  special   commis- 
sioners IN  counties. 

Be  it  enacted,  etc,  as  follows: 

Sectiox  1.    The  compensation  of  special  commissioners  special  com. 
in  counties,  as  established  by  existing  laws,  shall  be  paid  ™ountXr'° 
from  the  treasuries  of  their  respective  counties,  to  a  total 
amount  not  exceeding  one  hundred  and  tifty  dollars  in 
any  county  in  any  calendar  year. 

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

Approved  April  12,  1898. 

An  Act  to  exempt  the  county  of  nantucket  from  the  opera-  /n>7,^^  ^17 
tion  of  certain  statutes  relative  to  counties  and  county  -^ 

officers. 

Be  it  enacted,  etc.,  as  follows  : 

Section    1.     Sections    six   and   seven  of  chapter  one  certain  pro. 
hundred  and  fifty-three  of  the  acts  of  the  year  eighteen  nottrappiyTo 
hundred  and  ninety-seven,   and  section    one   of  chapter  ^u"n"y.^''' 
twenty-three  of  the  Public  Statutes  as  amended  by  section 
one  of  chajiter  one  hundred  and  twenty-eight  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-seven,  shall  not 
apply  to  the  county  of  Nantucket. 

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

Approved  April  12,  1898. 


Chap.S18 


An  Act  to  provide  for  the  appointment  op  associate  medical 

examiners. 

Be  it  enacted,  etc.^  as  follows: 

Section  1.     The  orovernor  shall  nominate,  and  by  and  Associate  medi- 

.    I       ,  ,     .  ,     "  ,      ,  •!       1      11  •  cal  examiners  to 

With  the  advice  and  consent  of  the  council  shall  appoint,  ue appointed. 
one  able  and  discreet  man,  learned  in  the  science  of  medi- 
cine, to  be  associate  medical  examiner  in  each  of  the  dis- 
tricts, except  the  county  of  Suffolk,  enumerated  in  section 
two  of  chapter  twenty-six  of  the  Public  Statutes. 

Section  2.     Said  associate  medical  examiners  shall  in  Duties,  com- 
tlie  absence  of  the  medical  examiners,  or  in  case  of  the  ^^"**  °°'* 
inability  of  the  medical  examiners  to  perform  their  duties, 


2G2 


Acts,  1898.  —  Chap.  319. 


1894,161,  §  21, 
amended. 


Laying  out, 

etc.,  of  streets 
and  highways  in 
city  of  Beverly. 


exercise  and  perform  in  their  respective  districts  all  the 
duties  of  medical  examiners,  as  prescribed  in  chapter 
twenty-six  of  the  Pu])lic  Statutes,  and  for  such  services 
they  shall  receive  the  compensation  allowed  to  medical 
examiners  l^y  section  nine  of  said  chapter ;  and  they  shall 
be  subject  in  all  respects  to  the  provisions  of  said  chapter 
and  of  acts  in  amendment  thereof  and  in  addition  thereto. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Apjyroved  April  12,  1898. 

(7Att7J.319  -^^   ^^    KELATIVE     TO    STREETS    AND    HIGHWAYS    IN    THE    CITY    OF 

HEVEKLY. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Section  twenty-one  of  chapter  one  hun- 
dred and  sixty-one  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-four  is  hereby  amended  by  striking  out 
the  whole  of  said  section  and  inserting  in  place  thereof 
the  following:  —  Section  21.  The  city  council  shall, 
subject  always  to  the  approval  of  the  mayor,  have  authority 
and  power  to  order  the  laying  out,  locating  anew  and  dis- 
continuing of,  and  the  making  of  specific  repairs  in,  all 
streets,  ways,  and  highw^ays  within  the  limits  of  the  city, 
to  assess  the  damages  sustained  thereb}-  by  any  person, 
and,  except  as  herein  otherwise  provided,  to  act  in  mat- 
ters relating  to  such  laying  out,  locating  anew,  altering, 
discontinuing  or  repairing ;  but  in  all  such  matters  action 
shall  first  be  taken  by  the  board  of  aldermen.  Any  per- 
son aggrieved  by  the  action  of  the  city  council  hereunder 
shall  have  all  the  rights  and  privileges  now  by  law  in 
similar  cases  allowed  in  appeals  from  decisions  of  select- 
men. Nothing  heroin  shall  l)e  construed  to  deprive  the 
count}'  commissioners  for  the  county  of  Essex  of  any 
power  or  authority  which  they  would  ha  entitled  to  exer- 
cise under  the  provisions  of  chapter  forty-nine  of  the 
Public  Statutes  in  respect  to  the  laying  out,  widening, 
discontinuing,  laying  out  anew,  or  ordering  specific  repairs 
in,  an\'  highway  within  the  limits  of  said  city ;  and  all 
orders  and  decrees  of  the  county  commissioners  for  said 
county  of  Essex,  issued  by  them  since  the  passage  of  said 
chapter  one  hundred  and  sixty-one,  in  laying  out,  widen- 
ing, discontiiuiing,  laying  out  anew,  or  ordering  specific 
repairs  in,  any  highway  in  said  city  are  hereby  ratified 
and  confirmed. 

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

Approved  April  12,  1898. 


County  cotn- 

rnissionerB  not 
to  be  deprived 
of  certain 
power,  etc. 


Acts,  1898.  — Chaps.  320,  321.  263 


An  Act  relative  to  the  printing  of  certain  public  docu-  nijftq-.  QOf) 

MENTS.  ^  * 

Be  it  enacted^  etc.,  asfoUoivs: 

Section  1.  There  shall  be  printed  annually  of  the  Printing  of 
report  of  the  chief  of  the  district  police,  twenty-five  hun-  documentB. '*^ 
dred  copies  ;  of  the  report  of  the  commissioner  of  public 
records,  two  thousand  copies,  of  which  five  hundred  shall 
be  for  the  use  of  the  conmiissioner ;  of  the  report  of  the 
secretary  of  the  state  board  of  education,  five  thousand 
copies  ;  of  the  state  farm  report  of  the  trustees  of  the  state 
almshouse  and  state  farm,  twenty-five  hundred  copies. 
There  shall  be  printed  annually  for  the  use  of  the  state 
board  of  lunacy  and  charity  five  hundred  copies  of  so 
much  of  the  annual  report  of  said  board  as  relates  to  city 
and  town  almshouses,  together  with  that  portion  of  the 
appendix  to  said  report  called  the  pauper  abstract. 

Section  2.     All   acts   and    parts  of  acts   inconsistent 
herewith  are  hereby  repealed.     Approved  April  12,  1898. 


An  Act   making  appropriations  for  salaries  and  expenses 

IN   THE   office   OF   THE   STATE   FIRE   MARSHAL. 


C/m^.321 

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  ninet^'-eight,  to  wit :  — 

For  the  salary  of  the  state  fire  marshal,  forty-five  hun-  state  fire 
red  dollars. 

For  the  salary  of  the  deputy  fire  marshal,  twenty-five  Deputy. 
hundred  dollars. 

For  the  salary   of  the  clerk  of  the  state  fire  marshal,  *^''^'''^- 
fourteen  hundred  dollars. 

For  the  salaries  of  the  two  stenographers  in  the  office  stenographers. 
of  the  state  fire  marshal,  eleven  hunched  dollars  each. 

For  the  salaries  of  the  two  chiefs  of  aids  in  the  office  of  ciuefB  of  aids. 
the  state  fire  marshal,  twelve  hundred  dollars  each. 

For  the  salaries  of  nine  aids  in  the  office  of  the  state  Aids  and 
fire  marshal,  one  thousand  dollars  each,  and  for  the  salary  '"^*''^°^®''- 
of  a  messenger,  four  hundred  dollars. 

For  travelling,  contingent  and  incidental  expenses  of  the  Travelling 
chief  of  the  secret  service,  the  same  to  include  the  services  ^^p*-*"^*"' *  °- 


264  Acts,  1898.  — Chaps.  322,  323,' 324. 

and  expenses  of  persons  employed  in  outside  secret  in- 
vestigations and  fees  of  witnesses,  under  the  direction  of 
the  state  fire  marshal,  a  sum  not  exceeding  ten  thousand 
five  hundred  dollars. 
Office  expenses.  YoT  postagc,  printing,  stationery,  telephone,  telegrams 
and  incidental  and  contingent  office  expenses  of  the  state 
fire  marshal,  a  sum  not  exceeding  twenty-five  hundred 
dollars. 

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

Apinoved  April  12,  1898. 

(^^^r).322  ^N  Act  to  establish  the  salary  of  the  treasurer  of  the 

COUNTY   OF   BRISTOL. 

Be  it  enacted,  etc.,  as  follows: 

^"^^nroTBris        SECTION  1.     The  Salary  of  the  treasurer  of  the  county 
toi.  of  Bristol  shall  be  two  thousand  dollars  a  year,  to  be  so 

allowed  from  the  first  day  of  January  in  the  year  eighteen 
hundred  and  ninety-eight. 

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

Approved  April  12,  1898. 

ChaV.S^iS  ^N   ^^"^  '^'^   ESTABLISH   THE    SALARY    OP    THE    TREASURER    OF    THE 

COUNTY   OF   HAMPDEN. 

Be  it  enacted,  etc.,  as  folloios : 
Treasurer  Section  1.     The  Salary  of  the  treasurer  of  the  county 

of  county  of  /.xx  i  ini  -i  iiin 

Hampden.  of  Hampden  shall  be  eighteen  hundred  dollars  a  year,  to 
be  so  allowed  from  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-eight. 

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

Approved  April  12,  1898. 


An   Act  to   establish    the   salary   of  the   sheriff   of  the 
county  of  middlesex. 

Be  it  enacted,  etc.,  as  follows: 

Sheriff  of^  Section  1.     The  salary  of  the  sheriff"  of  the  county  of 

county.  Middlesex  shall  be  three  thousand  dollars  a  year,  to  be  so 

allowed  from  the  first  day  of  January  in  the  year  eighteen 
hundred  and  ninety-eight. 

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

Approved  April  12,  1898. 


Chap.S24: 


Acts,  1898.  —  Chaps.  325,  32G.  265 


An  Act   to   authorize  the    city   of  lynn  to    complete   its  HI^qy}  3^'> 

SYSTEM   OF   sewage   DISPOSAL.  -^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lynn  is  hereby  authorized  |^"^  compil^e 
and  empowered  to  complete  the  outfall  sewer  now  in  outfaii  sew^r, 
course  of  construction  from  the  junction  chamber  located 
on  land  owned  by  the  city  of  Lynn,  thence  running  south, 
thirteen  degrees  forty-six  minutes  west,  to  the  harbor 
commissioners'  line  at  Deep  Hole,  so-called,  with  authority 
to  take  land  if  necessary  to  complete  the  same ;  and  any 
and  all  acts  of  said  city  of  Lj^nn  in  laying  out  and  con- 
structing said  outfall  sewer  are  hereby  legalized  and  made 
valid  to  the  same  extent  as  if  this  act  had  been  passed 
before  said  sewer  was  laid  out  or  the  construction  of  the 
same  begun. 

iSECTiON  2.     If  any  land  is  taken  by  the  city  of  Lynn  Proceedings  for 
under  the  authority  of  the  preceding  section  the  proceed-  '^""'"^  ^^  '^*'^' 
ings  for  the  taking  of  the  same  and  for  the  determination 
of  the  damages  occasioned  by  the  laying,  making  or  main- 
taining of  said  outfall  sewer  shall  be  the  same  as  in  case 
of  the  laying  out  of  highways  or  streets  in  said  city. 

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

Approved  April  13,  1898. 

An  Act  to  regulate  the  infliction  of  the  death  penalty.    QJici7).S2Q 
Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  In  pronouncing  sentence  of  death  upon  a  court  to  appoint 
person  convicted  of  a  capital  crime  the  court  shall  appoint  which  eentence 
a  week  within  which  such  sentence  shall  be  executed,  eiecutedt^'e'tc.''^ 
The  clerk  of  the  court  shall,  as  soon  as  may  be,  make  out 
and  deliver  to  the  governor  a  certified  copy  of  the  whole 
record  of  the  conviction  and  sentence,  and  shall  imme- 
diately thereafter  make  out,  sign  and  deliver  to  the 
sherirt'of  the  county  a  warrant,  under  the  seal  of  the  court, 
stating  the  conviction  and  sentence,  and  the  week  ap- 
pointed for  the  execution  thereof,  and  shall  at  the  same 
time  transmit  to  the  warden  of  the  state  prison  a  certified 
copy  ol'  the  warrant.  Such  warrant  shall  be  directed  to 
the  warden  of  the  state  prison,  commanding  the  warden 
to  cause  execution  to  be  done  in  accordance  with  the  pro- 
visions of  such  sentence,  upon  some  day  within  the  week 
thus  appointed. 


2G6 


Acts,  1898.  —  Chap.  326. 


Confinement, 
etc.,  of  persons 
sentenced  to 
punishment  of 
death. 


Sentence  to  be 
executed  by 
warden  of  state 
prison,  etc. 


Where  punish- 
ment of  death 
shall  be  in- 
llicled. 

Who  shall  be 
present,  etc. 


Section  2.  When  a  person  is  sentenced  to  the  punish- 
ment of  death  he  shall  be  confined  in  a  jail  or  prison  in 
the  county  in  which  such  sentence  is  pronounced  until 
within  ten  days  of  the  first  day  of  the  week  appointed  for 
the  execution  of  the  sentence.  He  shall,  within  such  ten 
days,  and  at  a  time  chosen  by  the  sherifi'  of  the  county, 
be  conveyed  as  secretly  as  may  be,  by  the  sheriff  or  such 
deputy  as  he  may  name,  to  the  state  prison,  where  the 
sentence  is  to  be  executed,  and  be  delivered,  together 
with  the  warrant,  to  the  warden  or  the  ofiicer  performing 
the  duties  of  warden.  From  the  time  of  such  delivery 
until  the  infliction  of  the  punishment  of  death  upon  him, 
unless  he  shall  be  lawfully  discharged  from  such  imprison- 
ment, the  convict  under  sentence  shall  be  kept  in  a  cell 
provided  for  the  purpose,  and  no  person  shall  be  allowed 
access  to  him  without  an  order  of  the  court,  except  the 
officers  of  the  prison,  his  counsel,  his  physician,  a  priest 
or  minister  of  religion,  if  he  shall  desire  one,  and  the 
members  of  his  family. 

Section  3.  The  sentence  of  death  shall  be  executed 
by  the  warden  of  the  state  prison,  or  by  a  person  or  per- 
sons acting  under  the  direction  of  the  warden.  Unless 
the  governor  pardons  the  offence,  commutes  the  punish- 
ment therefor,  or  respites  the  execution,  as  provided  by 
law,  the  execution  shall  be  done  within  the  week  appointed 
by  the  court ;  and  in  case  the  execution  is  respited  the 
sentence  shall  be  executed  within  the  week  beginning  on 
the  day  next  after  the  day  on  which  the  term  of  respite 
expires.  The  execution  shall  be  done  upon  such  day  as 
the  warden  shall  select  within  the  week  determined  as 
aforesaid,  and  at  an  hour  between  midnight  and  sunrise ; 
but  no  previous  announcement  shall  be  made,  except  to 
the  persons  who  shall  be  permitted  to  l)e  present  at  such 
execution,  as  hereinafter  provided. 

Section  4.  The  punishment  of  death  shall  l)e  inflicted 
within  an  enclosure  or  building  provided  for  the  purpose, 
adjoining  the  state  prison. 

Section  5.  Beside  the  warden  or  de])uty  warden  per- 
forming the  execution,  and  such  oflicers  of  the  state  prison 
as  the  warden  may  deem  necessary,  there  shall  be  present 
at  the  execution  the  j)rison  ]>liysician,  the  surgeon  general 
of  the  militia,  and  the  medical  examiner  of  the  district  in 
which  the  state  prison  is  situated,  or,  in  case  of  their 
inability  to  be  present,  such  physicians  as  the  warden  may 


Acts,  1808.  — Chap.  326.  26T 

approve,  and  the  members  of  the  medical  profession 
present  shall  be  the  legal  witnesses  of  the  execution. 
There  may  also  be  present  the  sherifl'  of  the  county  in 
which  the  sentence  was  pronounced,  or  his  deputy,  and  a 
priest  or  minister  of  religion  and,  with  the  approval  of  the 
warden,  not  more  than  three  other  persons. 

Section  6.     The  punishment  of  death  shall  in  every  How  to  be 
case  be  inflicted  by  causing  to  pass  through  the  bod}'  of  *°  "^^  * 
the  convict  a  current  of  electricitv  of  sufficient  intensity  to 
cause  death,  and  the  application  of  such  current  must  be 
continued  until  such  convict  is  dead. 

Section  7.     When  a  warden  inflicts  the  punishment  ^''i^g^gtura 
of  death  upon  a  convict  in  obedience  to  a  warrant  from 
the  court  he  shall,  as  soon  as  may  be,  make  return  thereof 
under  his  hand,  with  the  doings  thereon,  to  the  otiSce  of 
the  clerk  of  said  court. 

Section  8.  Nothing  in  this  act  shall  apply  to  a  person  Not  to  apply  to 
sentenced  to  death  for  a  crime  committed  at  any  time  ^^^'^^''^n  persons, 
before  the  passage  of  this  act.  The  provisions  of  law  for 
the  infliction  of  punishment  of  death  in  existence  at  the 
time  of  the  passage  of  this  act  are  hereby  continued  in 
existence  and  applicable  to  all  persons  sentenced  to  death 
for  crimes  committed  before  the  passage  of  this  act. 

Section  9.  The  warden  of  the  state  prison  shall  cause  warden  to  pro- 
to  be  provided,  in  conformity  with  plans  approved  by  the  rp'jriianct8?e?c. 
governor  and  council,  the  necessary  building  and  appli- 
ances for  the  infliction  of  the  punishment  of  death,  in 
accordance  with  the  requirements  of  this  act.  For  the 
expenses  of  constructing  such  building  and  providing  such 
appliances,  including  the  necessary  expenses  of  the  warden 
in  connection  therewith,  a  sum  not  exceeding  seven  thou- 
sand five  hundred  dollars  shall  be  allowed  and  paid  out  of 
the  treasury  of  the  Commonwealth. 

Section  10.     The  company  furnishing  electric  power  Necessary 
or  light  to  the  state  prison  shall  provide  all  necessary  fmni's'he'if.  ° 
electricity  for  executions,  at  such  times  as  the  warden  may 
direct. 

Section  11.     Sections  thirty-two,  thirty-three,  thirty-  Repeal. 
seven,  thirty-eight  and  thirty-nine  of  chai)ter  two  hundred 
and  fifteen  of  the  Public  Statutes  are  hereby  repealed. 

Section  12.     This  act  .shall  take  effect  upon  its  passage. 

Approved  April  13,  1898. 


268  Acts,  1898.  — Chaps.  327,  328. 


Chap.327  ^^  ■^^'^  '^^  authorize  the  HAVERHILL,  GEORGETOWN  AND  DAN- 
VERS  STREET  RAILWAY  COMPANY  TO  CONSTRUCT  AND  OPERATE 
ITS  RAILWAY  IN  THE  TOWNS  OF  NEWBURY,  ROWLEY  AND  IPS- 
WICH. 

Be  it  enacted,  etc.,  as  follows: 

May  construct,       SECTION  1.     The  Haverhill,  Georgetown  and  Danvers 

fn'^certaiu'"  '^"^  Street  Railwaj  Company  is  hereby  authorized  to  construct, 

towns.  maintain  and  operate  its  railway  in  the  towns  of  Newbury, 

Rowley  and  Ipswich,  upon  locations  that  may  be  granted 

by  the  selectmen  of  said  towns,  respectively,  and  subject 

to  such  limitations  and  conditions  as  may  be  imposed  by 

said  selectmen. 

May  construct,        SECTION  2.     Said  compaiiy  may  consti'uct,  maintain  and 

on  private         Operate  its  railway  on  private  lands  which,  with  the  con- 

landB.  ^^^^  ^^.  ^1^^  owners  thereof,  it  may  lease,  purchase  and 


bold  for  said  purpose. 
When  to  take  Section  3.  This  act  shall  take  effect  upon  its  passage, 
and  shall  be  void  as  to  all  parts  of  said  railway  which  are 
not  located  and  constructed  in  said  towns  prior  to  the  first 
day  of  November  in  the  year  eighteen  hundred  and  ninety- 
nine.  Approved  April  14,  1898. 
\ 

CllCtn  8*^8  ^^  -^^^  ^^  AUTHORIZE   STREET   RAILWAY  COMPANIES  TO  USE   THEIR 
'  CARS    AND    TRACKS    FOR    THE    TRANSPORTATION     OF     SNOW,    ICE, 

STONES,    GRAVEL,    DIRT,    STREET    SWEEPINGS    AND    GRADING    MA- 
TERIALS. 

Be  it  enacted,  etc.,  asfollotvs: 

^'^trinV/ona*  Section  1.  Any  corporation  owning  or  operating  a 
tiono'fsnow,  strcct  I'ailway  within  the  Commonwealth  may,  in  any  city 
grave, materia,  ^.^^  ^^^^  couscnt  of  thc  Hiayor  aud  board  of  aldermen,  or 
in  any  town  with  the  consent  of  the  selectmen,  convey  in 
cars  propelled  by  electricity  or  horse  power  over  its  tracks 
any  snow,  ice,  stones,  gravel,  dirt  or  street  sweepings 
which  have  been  taken  from  any  street  or  way  over  or 
through  which  its  tracks  are  located,  for  the  purpose  of 
improving  said  street  or  way;  and  may  also,  in  like  man- 
ner and  with  like  consent,  convey  to  any  point  on  its  line 
any  necessary  material  for  use  in  the  construction,  grading, 
repairing  or  improving  of  such  street  or  way. 

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

Approved  April  14,  1898. 


Acts,  1898.  — Chap.  329.  269 

An    Act    to    incorporate   the    milford,   attleborodoh    and  n},Qr\  320 

WOONSOCKET   STREET   RAILWAY   COMPANY.  "^   ' 

Be  it  enactedj  etc.,  as  follows: 

Section    1.      George   W.    Wigsjin,    Joseph   G.    Ray,  MUford, 
Edgar  K.  Ray,  Edward  H.  Rathbim,  Charles  W.  Shippee,  4"' wor^'' 
Orestes  T.  Doe,  William  8.  Reed  and  William  H.  Tylee,  Runway  com. 
their  associates  and  successors,  are  hereby  made  a  corpora-  paay  incor- 
tion   under  the  name  ot  the  Milford,  Attleborough  and 
Woonsocket  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, 
tain  and  operate  its  railway,  with  a  single  or  double  track,  way  lu  cmiin 
in  such  manner  as  may  l)e  convenient  and  necessary,  in  'o^°«- 
part  upon  private  land  acquired  by  purchase  or  lease,  and 
upon  streets,  highways  or  state  roads  in  the  town  of  Mil- 
ford   in  the  county  of  Worcester,  and  in  the  towns  of 
Bellinghani,    Medway,  Franklin    and    Wrentham    in    the 
county  of  Norfolk,  subject  to  the  approval  and  control  of 
the  selectmen  of  said  towns,  as  provided  by  general  law, 
and    subject   also   to   the  approval  of  the  Massachusetts 
highway  connnission  as  to  any  part  of  said  railway  located 
upon  a  state  highway.     The  location  of  said  railway  out-  Location. 
side  the  public  streets  and  highways  shall  not  exceed  fifty 
feet  in  width,  with  convenient  turn-outs  and  switches. 

Section  3.  Said  company  may  maintain  and  operate  Motive  power, 
its  railway  by  any  motive  power  other  than  steam,  and  '^'^' 
may  erect  and  maintain  poles  and  wires  on  private  lands 
purchased  or  leased  for  the  purposes  of  said  railway,  and, 
with  the  consent  of  the  board  of  selectmen,  may  erect 
such  poles  and  wires  and  make  such  excavations  in  the 
streets  and  highways  as  may  be  necessary  to  establish  and 
maintain    such   motive  power.     It  may  acquire  by  pur-  May  acquire 

1  1  11  i/i  1  i_  •!/•        real  estate,  etc. 

chase  or  lease  all  real  estate  and  water  power  required  lor 
its  power  stations,  tracks,  poles,  wires,  car  houses  and 
other  uses  incident  to  the  proper  maintenance  and  opera- 
tion of  its  railway. 

Section  4.     The  capital  stock  of  said  company  shall  capital  stock, 
not  exceed  two  hundred  thousand  dollars,  provided  that 
said  company  may  increase  its  capital  stock,  subject  to 
the  provisions  of  the  general  laws  relative  thereto. 


270  Acts,  1898.  — Chaps.  330,  331. 

mortglgTbonde       Section  5.     Said  company,  iu  order  to  meet  expenses 
etc.  '  incurred  under  this  act,  may  issue  bonds  not  exceeding 

the  amount  of  its  capital  stock  and  payable  within  a  period 
not  exceeding  twenty  years  tvom  the  date  thereof,  secured 
by  mortgage  of  its  franchise  and  property,  subject  to  the 
general  laws  relative  thereto ;  and  in  such  mortgage  may 
reserve  to  its  directors  the  right  to  sell  or  otherwise  in 
due  course  of  business  dispose  of  property  included  therein 
which  may  become  unsuitable  for  use,  provided  an  equiva- 
lent in  value  is  substituted  therefor. 
^p^emuon within  Section  G.  The  authority  herein  granted  shall  cease 
three  years.  if  the  proposed  road  is  not  constructed  and  put  in  opera- 
tion within  three  years  from  the  passage  of  this  act. 

Section  7.     This  act  shall  take  eficct  upon  its  passage. 

Approved  April  14^  1898. 

Chap.S'dO  An  Act  to  establish  the  salary  of  the  tueasuuer  of  the 

COUNTY   OF   NORFOLK. 

Be  it  enacted,  etc.,  as  follows : 
Treasurer  of  ^         SECTION  1.     Tlic  Salary  of  the  treasurer  of  the  county 
of  Norfolk  shall  be  two  thousand  dolhirs  a  year,  to  be  so 
allowed  from  the  first  day  of  January  in  tlie  year  eighteen 
hundred  and  ninet3^-eight. 

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

Approved  April  14,  1898. 

O/ia 30.331  ^^   A^^  '^^  provide  clerical  assistance  for  the  clerk  of 

THE  POLICE  COURT  OF  LYNN. 

Be  it  enacted,  etc.,  asfollotvs: 

^l^Btalce  Section  1.     The   clerk    of  the    police  court  of  Lynn 

shall  be  allowed  for  clerical  assistance,  upon  the  certificate 
of  the  justice  of  said  court  that  the  work  was  actually  per- 
formed and  was  necessary,  with  the  time  occupied  and  the 
name  of  the  person  ])y  Avhom  the  w^ork  was  performed, 
such  sums,  not  exceeding  five  hundred  dollars  in  any  one 
year,  as  the  county  commissioners  for  the  county  of  Essex 
by  a  writing  signed  by  them  may  approve.  Said  sums 
shall  be  paid  from  the  treasury  of  said  county  monthly, 
to  the  person  employed. 

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

Approved  April  14  j  1898. 


Acts,  1898.  — Chaps.  332,  333,  334.  271 


An  Act  to  provide  clerical  assistance  for  the  register  of  fiij^,^  ^^2 

PROBATE  AND  INSOLVENCY  FOR  THE  COUNTY  OF  MIDDLESEX.         ^  ' 

Be  itenacled,  etc.,  as  follows: 

Section  1.  The  register  of  probate  and  insolvency  ciencai 
for  the  county  of  Middlesex  shall  be  allowed,  in  addition  ^*''^*''*""''^- 
to  the  amount  now  authorized  by  law,  a  sum  not  exceed- 
ing one  thousand  dollars  a  year  for  clerical  assistance 
actually  rendered,  to  be  so  allowed  from  the  first  day  of 
January  in  the  year  eighteen  hundred  and  ninety-eight 
and  to  be  paid  from  the  treasury  of  the  Commonwealth 
upon  the  official  certificate  of  the  judge  of  probate  and 
insolvency  for  said  county. 

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

Approved  April  14,  1S98. 

An  Act  to  establish  the  salary  of  the  assistant  register  ni^rij^  3^3 

OF   deeds   for  the   MIDDLESEX   SOUTHERN  DISTRICT. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The   salary    of  the   assistant   register  of  "^''^|f*'),°o*fde  ds 
deeds   for  the  Middlesex   southern  district  shall  be  two  for  Middlesex 
thousand  dollars  a  year,  to  be  so  allowed  from  the  first  trict.^™ 
day  of  January  in  the  year  eighteen  hundred  and  ninety- 
eight. 

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

Approved  April  14,  1898. 


Chap.S34: 


An  Act  to  provide  for  the  employment  of  prisoners  in 
making  goods  for  the  use  of  the  prisons  and  other  pub- 
lic institutions. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     It  shall  be  the  duty  of  the  general  super-  General 
intendent  of  prisons  to  cause  to  be  produced,  as  far  as  of  pn'sonB^to"* 
p()ssil)le,  in  the  state  prison,  the  reformatories,  the  state  goodsto'be"* 
farm,  and  the  iails  and  houses  of  correction,  articles  and  produced  at 

'  .  •^  '  Btate  pnson, 

materials  used   in   the  several  public  institutions  of  the  jaiu.etc. 
Commonwealth  and  of  the  counties  thereof. 

Section  2.     The  principal  officers  of  the  penal  institu-  Principal otn. 
tions  named  herein  shall  send  to  the  general  superintend-  reports^etc.^ 
ent,  at  such  times  and  in  such  fomi  as  he  shall  prescribe, 
full  reports   concerning  the  labor  of  prisoners ;    and  he 
shall  from  time  to  time  send  to  the  principal  officers  of 


272 


Acts,  1898.  — Chap.  334. 


Requisition  to 
be  made  for 
certain  articles, 
etc. 


ProviBo. 


Certain  bills  to 
be  accompanied 
by  certificate  of 
general  super- 
intendent  of 
priBons. 


Board  to  deter- 
mine price  of 
articles,  etc. 


Clerical  assist- 
ance, etc. 


all  the  public  institutions  named  in  section  one  a  list  of 
such  articles  and  materials  as  can  be  produced  by  the 
labor  of  prisoners,  together  with  a  form  of  requisition  for 
the  use  of  such  officers,  as  hereinafter  provided. 

Section  3.  Whenever  articles  or  materials  included 
in  said  list  are  needed  in  any  one  of  said  public  institu- 
tions the  principal  officer  thereof  shall  make  requisition 
therefor  upon  said  general  superintendent,  who  shall  im- 
mediately notify  said  officer  as  to  all  the  prisons  where 
the  required  goods  are  produced;  and  said  officer  shall 
then  purchase  said  goods  from  such  of  the  designated 
places  as  he  shall  select :  provided,  that  if  the  articles  or 
materials  are  not  on  hand  and  are  needed  for  immediate 
use  the  said  general  superintendent  shall  at  once  certify 
to  said  principal  officer  that  the  requisition  cannot  be 
filled ;  and  in  that  case  said  articles  or  materials  may  be 
purchased  elsewhere. 

Section  4.  The  said  general  superintendent  shall  also 
furnish  said  list  to  the  auditor  of  the  Commonwealth  and 
to  the  auditing  and  disbursing  officers  of  each  county. 
No  bill  for  articles  or  materials  named  in  said  list,  pur- 
chased otherwise  than  from  a  prison,  shall  be  allowed  or 
paid  unless  it  is  accompanied  by  a  certificate  from  said 
general  superintendent  that  they  could  not  be  supplied 
upon  requisition  as  aforesaid. 

Section  5.  The  auditor  of  the  Commonwealth,  the 
controller  of  county  accounts,  and  the  general  superin- 
tendent of  prisons,  shall  constitute  a  board  to  determine 
the  price  of  all  articles  or  materials  manufactured  and  sold 
under  this  act.  The  prices  shall  ))e  uniform  and  shall 
conform  as  nearly  as  may  be  to  the  usual  market  price  of 
like  goods  manufactured  in  other  places.  The  actual  and 
necessary  expenses  incurred  by  the  members  of  said  board 
in  the  performance  of  their  duties  under  this  act  shall  be 
allowed  and  paid  to  them  out  of  the  appropriation  for 
incidental  and  contingent  expenses  of  the  general  superin- 
tendent of  prisons,  but  they  shall  receive  no  compensation 
for  their  services  hereunder. 

Section  6.  The  said  general  superintendent  may  ex- 
pend not  exceeding  eight  hundred  dollars,  in  addition  to 
the  sum  now  authorized,  for  clerical  assistance  and  other 
expenses  in  carrying  out  the  provisions  of  this  act. 

Approved  April  14,  1898. 


Acts,  1898.  —  Ch.vps.  335,  336.  273 


An   Act   to   authorize   the   Greenfield    and  turner's  falls  f^l^f,^  Qor 

STREET   RAILWAY   COMPANY   TO   ACT   AS    A    COMMON    CARRIER    OF  "^  * 

SMALL   PARCELS,  AND   OF   THE   UNITED   STATES    MAIL. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1.     The  Greenfield  and  Turner's  Falls  Street '^^y '"=*  ^«  *  . 

.  ^  common  carrier 

Kail  way  Company  may  act  as  a  common  carrier  of  small  ofsmaiiparceie, 
parcels  of  merchandise  and  baggage,  and  may  also  carry 
the  United  States  mail :  jirovided,  that  said  company  shall  P'"ov'»o8. 
not  so  act  in  any  town  until  authorized  to  do  so  by  a  two 
thirds  vote  of  the  voters  of  said  town  present  and  voting 
thereon  at  an  annual  or  special  meeting  called  for  the  pur- 
pose ;  and  jjrovided,  further,  that  said  company  shall  in 
the  carrying  of  parcels  be  subject  to  such  by-laws  and 
regulations  as  may  from  time  to  time  be  made  by  said 
towns ;  and  shall  also  be  subject  to  the  provisions  of 
chapter  seventy- three  of  the  Public  Statutes  and  to  all 
laws  relating  to  common  carriers. 

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

Ax^proved  April  14,  1898. 

An  Act  to  require  corporations  created  by  special  charter  rifj^.^  ^^fi 
TO  file  evidence  of  their  organization  in  the  office  of  ^' 

the  secretary  of  the  commonwealth. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1 .     Section  eight  of  chapter  one  hundred  and  amended  ^  ^' 
five  of  the  Public  Statutes  is  hereby  amended  by  adding 
at  the  end  of  said  section  the  words  :  —  Within  thirty 
days  after  the  final  adjournment  of  the  meeting  for  organ- 
ization of  any  corporation  created  by  special  charter  it 
shall  be  the  duty  of  the  recording  ofiicer  thereof  to  make, 
sign,  swear  to  and  file  for  record  in  the  ofiice  of  the  secre- 
tary of  the  Commonwealth,  a  certificate  setting  forth  the 
date   on    which   the   meeting  for  organization  was  held, 
the  names  of  the  officers  elected  at  such  meeting,  and  the 
amount   of  capital    stock,   if  any,  fixed  upon   under  its 
charter,  —  so  as  to  read  as  follows  :  —  Section  8.     A  cor-  organization 
poration  created  by  charter,  if  no  time  is  limited  therein,  poraiions. 
shall  be  organized  within  two  years  from  the  passage  of 
its  act  of  incorporation.     Within  thirty  days  after   the  certificate  to  be 
final  adjournment  of  the  meeting  for  organization  of  any 
corporation  created  by  special  charter  it  shall  be  the  duty 
of  the  recordino;  ofiicer  thereof  to  make,  siijn,  swear  to 


274  Acts,  1898.  —  Chaps.  337,  338. 

and  file  for  record  in  the  office  of  the  secretary  of  the 
Commonwealth,  a  certificate  setting  forth  the  date  on 
which  the  meeting  for  organization  was  held,  the  names 
of  the  ofBcers  elected  at  such  meeting,  and  the  amount  of 
capital  stock,  if  any,  fixed  upon  under  its  charter. 

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

Approved  April  14, 1898. 


CJlCtV.SSl  ^^    -^^^    RELATIVE    TO    THE    CONSTRUCTION    OF   BELVIDERE 


STREET 
IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows  : 
May  lay  out  Section  1.     The  city  of  Boston  by  its  board  of  street 

and  construct  .       .  i  i  •  i? 

an  exteuBion  commissioncrs  may  lay  out  and  construct  an  extension  ot 
street.  ''  Bclviderc  street  in  said  city  across  the  land  and  location 
of  the  Boston  and  Albany  Railroad  Company,  notwith- 
standing the  prohibition  thereof  contained  in  chapter  three 
hundred  and  fifty-six  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-five  ;  and  the  Boston  and  Albany  liail- 
road  Company  shall  be  entitled  to  all  damages  to  its 
property  occasioned  by  such  laying  out  and  construction, 
to  be  recovered  in  the  manner  provided  for  recovering 
damages  for  lands  taken  for  highways  in  the  city  of 
Boston. 

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

Approved  April  14,  1898. 

C7/ift7).338  ^^  ■^*-'^  ^^  AUTHORIZE  THE  AVORCESTEIl  AND  MARLBOROUGH  STREET 
RAILWAY  COMPANY  TO  ACT  AS  A  COMMON  CARRIER  OF  SMALL  PAR- 
CELS, AND   OF   THE   UNITED   STATES   MAIL. 

Be  it  enacted,  etc.,  asfolloivs: 
May  act  as  a  Section    1.     The  Worccstcr  and  Marlborough  Street 

common  carrier  -r~,    ..  /--,  ,  •  i>  ii 

of  small  parcels,  Kailway  Company  may  act  as  a  common  carrier  ot  small 
parcels  of  merchandise  and  baggage,  and  may  also  carry 
the  United  States  mail  in  the  city  of  AVorcester,  in  the 
towns  of  Shrewsbury,  Northborough  and  Westborough, 
and  in  the  city  of  Marlborough  :  j)^'Ovided,  that  said  com- 
pany shall  not  so  act  in  any  town  until  authorized  to  do  so 
by  a  two  thirds  vote  of  the  voters  of  said  town  present  and 
voting  thereon  at  an  annual  or  special  meeting  called  for 
the  purpose  ;  nor  in  any  city  until  authorized  to  do  so  by 
a  two  thirds  vote  of  the  city  council  of  such  city ;  and 
2)rovided,  further,  that  said  company  shall  in  the  carrying 
of  parcels  be  subject  to  such  by-laws,  ordinances  and  regu- 


I'rovisos. 


Acts,  1898.  — Chaps.  339,  34:0.  275 

lations  as  may  from  time  to  time  be  made  by  said  towns 
and  cities ;  and  sliall  also  be  subject  to  the  provisions  of 
chapter  seventy-three  of  the  Public  Statutes  and  to  all 
laws  relating  to  common  carriers. 

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

Approved  April  14^  189S. 


Chap.S39 


An  Act  relative  to  the  protection  of  certain  birds. 
Be  it  enacted,  etc.,  as  folloios : 

Section  1.     Chapter  five  hundred  and  twenty-four  of  ^^ended 
the  acts  of  the  year  eighteen  hundred  and  ninety-seven 
is  hereby  amended  by  inserting  after  the  word  ' '  eighty- 
six",  in  the  fourth  line,  the  words:  —  whether  taken  in 
this  Commonwealth  or  elsewhere,  — and  by  adding  at  the 
end  of  said  chapter  the  words  :  —  nor  to  non-residents 
of  the  Commonwealth  passing  through  it  or  temporarily 
dwelling  within  the  limits  thereof,  —  so  as  to  read   as 
follows:  —  Whoever  has  in  his  possession  the  body  or  Penalty  for 
feathers  of  any  bird  whose  taking  or  killing  is  prohibited  sesTou  wy%r 
by  section  four  of  chapter  two  hundred  and  seventy-six  tafn^bTrds^Vtcr 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-six, 
whether  taken  in  this  Commonwealth  or  elsewhere,  or 
wears  such  feathers  for  the   purpose  of  dress  or  orna- 
ment, shall  be  punished  as  provided  in  said  section  :  pro-  Provisos. 
vided,  that  this  act  shall  not  be  construed  to  prohibit 
persons  having  the  certificate  provided  for  in  said  section 
from  taking  or  killing  such  birds  ;  and  provided,  further, 
that  this  act  shall  not  apply  to  natural  history  associa- 
tions or  to  the  proprietors  of  museums,  or  other  collec- 
tions for  scientific  purposes,  nor  to  non-residents  of  the 
Commonwealth  passing  through  it  or  temporarily  dwelling 
within  the  limits  thereof. 

Section  2.     This  act  shall  take  eftect  on  the  first  day  to  take  effect 
of  April  in  the  year  eighteen  huiidred  and  ninety-nine.  ^"    ' 

Approved  April  14,  1898. 

An  Act  relative  to  the  power  of  officers  in  charge  of  the  r'Jinjy  340 

LAW  department  OF   THE   CITY   OF   BOSTON   TO   ENTER  INTO   CER- 
TAIN agreements. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  two  hundred  and  amlkded.^"' 
two  of  the  acts  of  the  the  year  eighteen    hundred  and 
ninety-seven  is    hereby  amended  by  adding   at   the   end 


276  Acts,  1898.  — Chaps.  341,  342. 

thereof  the  words  :  — pi^ovided,  however,  that  this  section 
shall  not  apply  to  agreements  entered  into  by  any  officer 
in  charge  of  the  law  department  of  said  city  in  any  suit 
relating  to  such  damages,  —  so  as  to  read  as  follows:  — 
u>^dt^lel\o^    Section  2.    No  agreement  as  to  damages  sustained  by  any 
be  in  writing,     pgrson  in  his  property  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 
Proviso.  j^j^g  ^jjg  approval  of  the  mayor  affixed  thereto  :  2Jrovided, 

hoivever,  that  this  section  shall  not  apply  to  agreements 
entered  into  by  any  officer  in  charge  of  the  law  depart- 
ment of  said  city  in  any  suit  relating  to  such  damages. 
Section  2.     This  act  shall  take  eilect  upon  its  passage. 

Ajiproved  Ajjril  14, 1898. 

ChciV-S4:'L   -^^  -^^^  '^^   AUTHORIZE  THE  CITY  OF  BOSTON  TO  PAT  A  SUM  OF 

MONEY  TO  CATHERINE  REGAN. 

Be  it  enacted,  etc.,  as  follows  : 

^ro°eUu8^F.  Section  1.     The  city  of  Boston  is  hereby  authorized 

Regan.  to  pay  to  Catherine  Regan,  widow  of  Cornelius  F.  Regan 

late  a  member  of  the  police  department  of  said  city,  the 
balance  of  the  salary  to  which  he  would  have  been  entitled 
had  he  lived  and  continued  to  serve  as  a  police  officer  until 
the  close  of  the  present  fiscal  year. 

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

Approved  April  14,  1898. 


Cha]) 


.342  "^^  ^^^  ^*^  AUTHORIZE  THE  BOARD  OF  SEWER  COMMISSIONERS  OF 
THE  CITY  OF  TAUNTON  TO  ESTABLISH  A  SEWER  RF;NTAL  SYSTEM 
IN  ADDITION  TO  THE  PRESENT  SYSTEM  OF  ASSESSMENTS  FOR  THE 
CONSTRUCTION   AND   ENTERING   OF   SEWERS. 

Be  it  enacted,  etc.,  as  foUoivs  : 

mirBloner'^'may  Section  1.  The  board  of  scwcr  commissioners  of  the 
establish  rents,  city  of  TauutoH  may  establish  just  and  equitable  annual 
charges  or  rents  for  the  construction,  maintenance  and 
operation  of  its  system  of  sewerage,  in  addition  to  the 
assessments  for  the  construction  and  entering  thereof 
provided  for  by  chapter  fifty  of  the  Public  Statutes  and 
acts  in  amendment  thereof. 
Certain  matters       Section  2.     lu  determining  Said  chargcs  or  rentals  the 

to  be  considered  .  ..  ini- 

In  determining    board  ot  scwcr  commissioucrs  shall  take  into  considcra- 
as,  e  0.       ^^^^  ^j^^  necessity  of  the  system  to  each  estate,  the  amount 


Acts,  1898.  — Chap.  343.  277 

of  use  thereof,  if  any,  by  the  estate  or  its  occupants,  the 
benefits  derived  therefrom  by  the  estate,  the  amount  of 
any  assessment  for  a  sewer  paid  by  any  owner  of  the 
estate,  the  length  of  time  which  has  elapsed  since  such 
payment,  and  the  use,  if  any,  that  has  heretofore  been 
made  of  the  sewers  by  the  occupant  of  the  estate,  and 
such  other  matters  as  they  shall  deem  just  and  proper. 

Section  3.     The  determination  of  such  charo;e8  by  the  charges  to  be 

,  !/•  ••  inir>i-n  a  lien  upon  real 

board  or  sewer  commissioners  shall  be  nnal  in  all  cases,  estate,  etc. 
and  the  amount  thereof  as  determined  for  each  estate  shall 
be  a  lien  thereon  until  paid,  and  shall  be  collected  in  the 
same  manner  as  taxes  upon  real  estate,  or  in  an  action  of 
contract  in  the  name  of  said  city. 

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

Ajjproved  April  14,  1898. 


GhapM^ 


An  Act  to  authorize  the  establishment   of  a  fire  district 

IN  the  town  of  HUNTINGTON. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  A  fire  district  maybe  established  in  the  Fire  district 
town  of  Huntington  to  include  all  the  territory  within  iTJifedln  th^e ' 
the  following  limits,  to  wit :  — Beginning  at  a  stone  l°^ton/°"°*" 
monument  on  the  town  line  between  Huntington  and 
Chester  by  the  side  of  the  road  leading  from  Huntington 
to  Chester  village,  thence  running  north,  fift3^-four  degrees 
east,  three  hundred  feet  to  a  stone  monument ;  thence 
running  south,  fifty-three  degrees  and  fifty  minutes  east, 
thirty-six  hundred  forty-nine  feet  and  seven  inches  to  a 
stone  monument ;  thence  running  south,  twenty-one  de- 
grees and  twenty  minutes  east,  eight  hundred  seven  feet 
and  three  inches  to  a  stone  monument ;  thence  running 
north,  seventy  degrees  and  ten  minutes  east,  seven  hun- 
dred thirty-six  feet  and  two  inches  to  a  stone  monument ; 
thence  running  north,  eighty  degrees  and  twenty-five 
minutes  east,  nine  hundred  sixty-five  feet  and  three  inches 
to  a  stone  monument ;  thence  running  south,  eighty  de- 
gi-ees  and  thirty-five  minutes  cast,  eight  hundred  eighteen 
feet  and  two  inches  to  a  stone  monument ;  thence  running 
south,  seventy-four  degrees  and  fifty-five  minutes  east, 
nine  hundred  and  nineteen  feet  to  a  stone  monument; 
thence  running  north,  seventeen  degrees  and  fifty-nine 
minutes  east,  nine  hundred  thirty-six  feet  and  eleven 
inches  to  a  stone  monument ;  thence  running  south,  eighty- 


278 


Acts,  1898.  — Chap.  343. 


Fire  district       niiie  degrees  and  fifty-seven  minutes  east,  twenty-three 
luhLdln  tire      hundred  fifty-seven  feet  and  nine  inches  to  a  stone  monu- 
ington/°"°*"    ment ;  thence  running  north,  thirty-one  degrees  and  thirty 
minutes  east,  seven  hundred  nine  feet  and  two  inches  to 
a  stone  monument ;  thence  running  north,  thirty  degrees 
east,  fifteen  hundred  four  feet  and  ten  inches  to  a  stone 
monument ;  thence  running  north,  fifty-seven  degrees  east, 
,  thirteen  hundred  seventy-eight  feet  and  nine  inches  to  a 

stone  monument ;  thence  running  south,  two  degrees  and 
forty-eight  minutes  east,  thirteen  hundred  thirty-two  feet 
and  five  inches  to  a  stone  monument ;  thence  running 
south,  seventy-two  degrees  west,  six  hundred  and  forty- 
five  feet  to  the  westerly  bank  of  the  so-called  east  branch 
of  the  Westfield  river ;  thence  running  southerly  along  the 
westerly  bank  of  said  east  branch  and  the  Westfield  river 
nine  thousand  five  hundred  and  twenty-six  feet  to  a  stone 
monument  on  the  town  line  between  Huntington  and 
Russell  where  said  line  crosses  the  new  state  highway ; 
thence  running  north,  fifty-two  degrees  west,  seven  hun- 
dred forty-one  feet  and  two  inches  to  a  stone  monument ; 
thence  running  north,  forty-six  degrees  and  eight  minutes 
west,  eleven  hundred  forty-four  feet  and  one  inch  to  a 
stone  monument ;  thence  running  north,  fifteen  degrees 
and  eighteen  minutes  west,  seventeen  hundred  eighteen 
feet  and  five  inches  to  a  stone  monument ;  thence  running 
north,  twenty-nine  degrees  and  eight  minutes  west,  ten 
hundred  eight  feet  and  seven  inches  to  an  iron  pin  in  the 
ledge  ;  thence  running  north,  eighty  degrees  and  seventeen 
minutes  w^est,  nine  hundred  thirty-seven  feet  and  ten 
inches  to  a  stone  monument ;  thence  running  north,  thirty 
degrees  west,  twenty-two  hundred  ninety-nine  feet  and 
six  inches  to  the  northerly  bank  of  the  so-called  west 
branch  of  the  Westfield  river ;  thence  running  north- 
westerly along  said  bank  six  thousand  and  seventy-five 
feet  to  a  stone  monument  on  the  town  line  between  Hunt- 
ington and  Chester,  said  monument  being  the  point  of 
beginning. 

Section  2.     Before  the  district  is  constituted  and  or- 
proposed  <ii«-     oranized  a  petition  shall  be  presented  to  the  town  at  a  leijal 

tnct,  number  of  f^  \  .  i       i  /.     i  i      t        • 

town  meetmg,  stating  the  limits  of  the  proposed  district, 
the  numl^er  of  inhabitants,  the  number  of  voters  and  the 
amount  of  taxable  property  in  said  proposed  district,  as 
near  as  the  same  can  be  ascertained  from  the  records  and 
statistics  of  the  town.     If  at  said  meeting  the  town  shall 


Petition  to 
state  limits  of 


voters,  etc. 


Acts,  1898.  — Chap.  B43.  279 

Vote  in  fjxvor  of  constituting  and  organizing  said  district 
the  inhabitants  of  said  district  may  proceed  to  constitute 
and  organize  the  same  in  accordance  witli  the  provisions 
of  tlie  laws  relating  to  fire  districts  and  with  the  pro- 
visions of  this  act.  If  at  said  meeting  the  town  shall  not 
vote  in  favor  of  constituting  and  organizing  said  district 
said  town  may  vote  in  favor  of  constituting  and  organizing 
the  same  at  any  legal  town  meeting  called  for  that  pur- 
pose, and  in  the  manner  herein  provided,  within  three 
years  from  the  passage  of  this  act ;  the  number  of  said 
meetings  called  for  that  purpose  in  any  one  year  not  to 
exceed  two. 

Section  3.     The  legal  voters  of  the  said  fire  district  of  Prudential 

I  <•   Tx  •  1      11  •   1   •  •  1        corninittee,  etc., 

the  town  ot  Huntington  shall,  within  one  year  trom  the  election, powers 

organizing  of  said  district,  at  a  meeting  called  for  the  '"*    "'e«>'^'=- 

purpose,  choose  by  ballot  a  committee  of  three  persons, 

to    be   called   the    prudential   committee,  a   clerk   and  a 

treasurer,  all  of  whom  shall  be  inhabitants  of  and  legal 

voters  in  said  district  and  shall  be  sworn  to  the  faithful 

discharge  of  their  duties  ;  and  said  treasurer  shall  also  be 

required  to  give  a  bond.     The  clerk  shall  keep  all  records 

of  the  district.    The  prudential  committee  shall  have  charge 

of  all  hydrants,  water  tanks  for  fire  purposes,  sidewalks, 

common  sewers,  main  drains,  lamps  and  street  sprinkling, 

and  a  majority  of  said  committee  shall  constitute  a  quorum 

for   the  transaction   of  business.     The  members  of  said 

committee    shall  serve   without  compensation,  and  shall 

hold  office  until  the  next  annual  meeting  of  said  district 

and  until  others  are  chosen  and  qualified  in  their  stead ; 

and  said  district  shall  thereafter,  at  the  regular  annual 

meeting  of  said  district,  choose  by  ballot  three  members 

of  said  committee,   who  shall  serve  during  the  ensuing 

year  and  until   others  are  chosen  and  qualified  in  their 

stead.     Said  district  shall  have  authority  to  fill  any  va-  vacancy. 

cancy  in  said  committee  at  any  district  meeting  regularly 

called  for  that  purpose. 

Section  4.     Said  district  may,  at  meetings  called  for  Prudential 

ji      J.  •  /•         1.1  /•*"  •  •    committee  to 

that  purpose,  raise  money  tor  the  purpose  ot  carrying  out  expend  money 

the  provisions  of  this  act ;  and  said  prudential  committee  [^ct';'|.tc^  '^"*" 

shall  expend  the  same  for  the  purposes  designated  by  vote 

of  the  district.     Every  member  of  said  committee  shall 

be  accountable  to  said  district  for  any  money  received  by- 

him,  and  said  district  may  maintain  a  suit  therefor  in  the 

name  of  the  inhabitants  of  said  district.     Said  committee 


280  Acts,  1898.  — Chap.  343. 

shall  not  expend  any  money  which  has  not  been  duly  ap- 
propriated by  the  district,  and  shall  have  no  authority  to 
bind  the  district  to  the  payment  of  money  in  excess  of  its 
appropriation  or  for  any  purpose  not  specified  by  the  vote 
of  the  district  appropriating  the  same.  But  said  district 
shall  not  during  any  year  raise  by  taxation  any  amount 
of  money  exceeding  one  tenth  of  one  per  cent,  of  the 
taxable  property  in  said  district. 
Scfto°lenify  Section  5.  The  clerk  of  the  district  shall,  on  or  he- 
toasaeeaorB       fore  thc   first  dav  of  Mav  of  each   vear,  certify  to  the 

or  town  suras  c      i  /»    tt  •  *        n  i 

voted  to  be  asscssors  oi  the  town  or  Huntington  all  sums  voted  to 
be  raised  by  the  district  under  the  provisions  of  this  act 
during  the  j^ear  last  preceding ;  which  sum  shall  be  as- 
sessed and  collected  by  the  officers  of  the  town  in  the 
same  manner  as  town  taxes  are  assessed  and  collected, 
and  shall  be  paid  over  to  the  treasurer  of  said  district, 
who  shall  holcl  the  same  subject  to  the  order  of  said  pru- 
dential committee.  The  clerk  of  said  district  shall  act 
as  a  clerk  of  said  committee  and  shall  enter  all  its  pro- 
ceedings in  the  records  of  said  district. 
etc?,^o™mai'n'  Section  6.  It  shall  bc  the  duty  of  said  committee, 
drains,  common  uudcr  the  supcrvisiou  and  direction   of  said  district,  to 

eewers,  etc.  i  ...-,, 

construct,  reconstruct,  erect,  repair,  maintain  and  have 
charge  of  all  main  drains  constructed  by  it,  and  of  all 
common  sewers,  sidewalks,  lamp  posts,  street  lamps  and 
street  hydrants  in  said  tire  district,  and  to  have  charge 
of  the  sprinkling  of  the  streets  therein,  and  of  all  matters 
pertaining  thereto  as  herein  provided ;  and  to  construct 
such  crosswalks  as  may  be  ordered  by  said  district,  and 
to  keep  maps  and  plans  of  all  such  main  drains  and  com- 
mon sewers. 
Jrade!  material,  SECTION  7.  Said  committcc  shall  have  authority  to 
etc-j^of Bide-  determine  the  grade,  width  and  material,  including  curl)- 
stones,  of  all  sidewalks  on  the  pul)lic  streets  and  high- 
ways of  said  district,  and  to  construct,  reconstruct  and 
repair  such  sidewalks,  in  accordance  with  such  determina- 
tion. Upon  the  completion  of  any  sidewalks  by  said  com- 
mittee, or  the  completion  of  the  reconstruction  or  repair 
of  any  sidewalk,  or  within  one  year  thereafter,  said  com- 
mittee shall  ascertain,  determine  and  certify  the  whole 
expense  of  such  making,  reconstruction  or  repair,  and 
shall  cause  a  record  thereof  to  be  made,  and  shall  assess 
a  portion  not  exceeding  one  half  the  amount  of  the  same 
upon  all  the  lands  which  abut  on  such  sidewalks  so  made, 
reconstructed  or  rci)aired. 


Acts,  1898.  — Chap.  343.  281 

Section  8.     Said  committee  shall  have  power  to  deter-  Removal  of 

.  !•!  ijiij_j.  obstructions 

mine  when,  in  what  manner,  and  to  what  extent,  snow,  from  sidewalks. 
ice,  grass,  herbage,  trees  and  other  obstructions  shall  be 
removed  from  the  sidewalks  in  said  district,  or  from  any 
of  the  same,  or  from  any  portion  thereof;  and  to  estab- 
lish by-hiws  and  {)enalties  regulating  the  same,  subject  to 
the  approval  of  said  fire  district ;  and  also  by-laws  and 
penalties  prohibiting  the  deposit  of  ashes,  garbage,  filth 
or  other  refuse  matter  on  the  streets  and  sidewalks  within 
the  limits  of  said  district. 

Section  9.     No  sidewalk  OTaded,  constructed,  recon-  Penalty  for 

.  ,,  .,.  -iTj-i  1  ii  ••  obstructing  or 

structed  or  repaired  in  said  district  under  the  provisions  digging  up 
of  this  act  shall  he  dug  up  or  ol)structed  in  any  part  outTons'^e^nt'! '*''' 
thereof  without  the  consent  of  said  committee ;  and  who- 
ever rides  or  drives  or  leads  any  cattle,  or  uses  any  vehicle 
moved  by  hand,  other  than  those  used  for  the  carriage  of 
children,  invalids  or  persons  disabled,  upon  or  along  any 
sidewalk  in  said  district  except  to  cross  the  same,  or  digs 
up  or  otherwise  obstructs  the  same  without  such  consent, 
shall  forfeit  a  sum  not  less  than  one  dollar  nor  more  than 
five  dollars  for  each  violation  of  the  provisions  of  this 
section. 

Section  10.     Said  fire  district,  at  meetings  called  for  May  order  the 

.1.  1  •  -,  •jj_'"j^  J.J.   construction  of 

that  purpose,  may  order  said  committee  to  construct  crosswaiiis. 
crosswalks  in  any  of  the  streets  in  said  district  in  which 
they  have  authority  to  construct  sidewalks.  Said  com- 
mittee shall  construct  all  such  crosswalks  at  the  expense 
of  said  district,  and  shall  repair  and  reconstruct  the  same 
when  ordered  by  said  district,  and  at  its  expense. 

Section  11.     Said  committee  shall  lay,   make,  recon- Laying,  etc.,  of 
struct  and  maintain  in  said  district  all  such  main  drains  and  common 
and  common  sewers  as   said  district  at  a  legal  meeting  *'^^'*'^*- 
called  for  that  purpose  shall  l)y  vote  adjudge  to  be  neces- 
sary for  the  ])ublic  convenience  or  the  public  health,  and 
may  rej)air  the  same  from  time  to  time  whenever  neces- 
sary ;    and  for  said   purposes   may  take,   in   the   manner 
hereinafter  provided,  any  lands,  property  or  rights  which 
in  their  opinion  may  be  necessary  therefor. 

Section  12.     Main  drains  and  common  sewers  mny  be  Main  drains 
constructed  in  said  district  by  said  district,  which  shall  seweTs^^be 
be  the  property  of  said  district  and  shall  be  under  the  IJi'S^eti. 
charge  and  control  of  said  committee,  who  shall  have  the 
power  and  authority  to  regulate  the  use  of  the  same  and 
to  proscril)e  the  mode  in  which  the  same  shall  l^e  entered 
by  private  drains,  and  the  terms  and  conditions  of  such 


282  Acts,  1898.  — Chap.  343. 

entry.  No  person  shall  be  allowed  to  enter  or  discharge 
into  a  main  drain  or  common  sewer  of  said  district  any 
private  drain,  except  l)y  leave  of  said  committee  and  on 
such  terms  and  conditions  as  it  shall  prescribe  ;  and  all 
such  private  drains  entering  any  such  main  drain  or  com- 
mon sewer  shall  be  under  the  exclusive  charge  and  con- 
trol of  said  committee,  who  shall  have  authority  to  make 
and  to  execute  orders  concernino;  the  same  as  thouo:h  the 
same  were  constructed  by  said  committee  under  this  act. 
The  provisions  of  this  section  shall  ajT^^ly  to  and  govern 
the  use  of  all  sewers  and  drains  in  said  district  constructed 
by  it,  and  to  the  compensation,  terms  and  conditions  to 
be  made  for  such  use,  whether  the  same  have  been  here- 
tofore or  shall  hereafter  be  constructed. 
^nTut^ranln  Section  13.  All  asscssmeuts  made  by  said  committee, 
upon  real  estate,  ay  provldcd  for  in  this  act,  shall  constitute  a  lien  on  the 

etc.  ^  , 

real  estate  assessed,  for  two  years  from  the  time  of  assess- 
ment, and  for  one  j'ear  after  the  final  determination  of  any 
suit  or  proceedings  in  which  the  amount  or  validity  of  such 
assessment  shall  be  drawn  in  question.  Every  assessment 
made  by  said  committee  shall  be  recorded  in  books  to  be 
kept  for  that  purpose,  and  a  list  thereof  shall  be  committed 
by  said  committee  for  collection  to  the  person  then  author- 
ized by  law  to  collect  taxes  in  said  town.  Said  collector 
shall  forthwith  publish  the  same  by  posting  true  and  at- 
tested copies  thereof  in  three  public  places  in  said  dis- 
trict, and'  shall,  within  thirty  days  from  such  publication 
thereof,  demand  payment  of  the  same  of  the  owner  or 
occupant  of  the  land  assessed,  if  known  to  him  or  within 
ratde^incaaeof  Ws  prcciuct.  If  any  such  asscssmcut  shall  not  be  paid 
of  a'sses^eat.  withiu  three  months  from  the  publication  of  said  list  he 
shall  levy  the  same,  with  incidental  costs  and  expenses, 
by  sale  of  the  land,  such  sale  to  be  conducted  in  a  manner 
similar  to  the  sale  of  land  for  non-payment  of  town  taxes  ; 
and  in  making  such  sale  at  any  sales  for  taxes  assessed 
for  said  district  such  collector  and  said  district  and  its 
oflScers  shall  have  all  the  powers  and  privileges  conferred 
by  general  law  upon  collectors  of  taxes  and  upon  cities 
and  towns  and  their  officers  relating  to  the  sales  of  land 
^'rp:^i"ovef  foi'  the  non-payment  of  taxes.  The  collector  shall  pay 
to  treasurer  of    Qvcr  all  moncvs   rcccived  by  him  under  this  act  to  the 

district.  '.IT         •  .         , 

treasurer  ot  said  district,  in  the  same  manner  as  moneys 
received  by  him  from  taxes  assessed  for  said  district  by 
the  assessors  of  the  town  of  Huntington. 


Acts,  1898.  — Chap.  34^.  283 

Section  14.    Every  assessment  made  by  said  committee  ABsessment 
which  is  invalid  by  reason  of  any  error  or  irregularity  in  may'lfe  re-*'""'^ 
the  assessment,  and  which  has  not  been  paid,  or  which  '^'^^'^^sed. 
has  been  recovered  back,  or  which  has  been  enforced  by 
an  invalid  sale,  may  be  re-assessed  by  the  prudential  com- 
mittee for  the  time  being  to  the  just  amount  to  which,  and 
upon  the  estate  upon  which,  such  assessment  ought  at  first 
to  have  been  assessed,  and  the  assessment  then  re-assessed 
shall  be  payable  and  shall  be  collected  and  enforced  in  the 
same  manner  as  other  assessments. 

Section  15.     Any  person  ao-orieved  by  an  assessment  Person 

.    ^  ~~  .  "^  .   ,  aggrieved  may 

made  by  said  committee  may,  at  any  time  withm  three  have  a  trial  by 

months  from  the  publication   of  the  list  of  such  assess- ^"'^'^'^' 

ments,  as  provided  in  section  thirteen,  apply  by  petition 

to  the  superior  court  for  the  county  of  Hampshire,  and 

after  due  notice  to  the  said  fire  district  a  trial  shall  be  had 

at  the  bar  of  said    court  in  the  same  manner  in  which 

other  civil  causes  are  there  tried  by  jury,  and  if  either 

party  requests  it  the  jury  shall  view  the  place  in  question. 

Before  the  filing  of  said  petition  the  petitioner  shall  give 

one  month's  notice  in  writing  to  said  committee  of  his 

intention  so  to  apply,  and  shall  therein  particularly  specify 

his  objections  to  the  assessment ;  and  to  such  specification 

he  shall  be  confined  in  the  trial  by  the  jury.     If  the  jury 

does  not  reduce  the  amount  of  the  assessment  complained 

of  the  respondent  shall  recover  costs  against  the  petitioner, 

which  costs  shall  be  a  lien  upon  the  estate  assessed  and 

shall  be  collected  in  the  same  manner  as  the  assessment ; 

but  if  the  jury  reduces  tlie  amount  of  the  assessment  the 

petitioner  shall  recover  costs. 

Section  16.     Whenever  land  is  taken  by  virtue  of  the  Description  of 
provisions  of  section  eleven   the   said   committee  shall,  lecorded'^'etc. 
within  sixty  days  after  any  such  taking,  file  in  the  registry 
of  deeds  of  the  county  of  Hampshire  a  description  of  any 
lands  so  taken,  sufficiently  accurate  for  identification,  with 
a  statement  of  the  purposes  for  which  it  is  taken,  and  the 
right  to  use  all  land  so  taken  for  the  purposes  mentioned 
in  said  statement  shall  vest  in  said  fire  district  and  its 
successors.     Damages  for  land  so  taken  shall  be  paid  by  Damages. 
said  fire  district,  and  any  person  aggrieved  by  the  taking 
of  his  land  under  this  act,  who  fails  to  agree  with  said 
committee  as  to  the  amount  of  his  damages,  may,  upon  a 
petition  tiled  with  the  county  commissioners  of  the  county 
of  Hampshire  within  one  year  from  the  filing  of  a  descrip- 


284 


Acts,  1898.  — Chap.  343. 


Recoverj'  of 
penalties. 


Proviso. 


Provieions  of 
general  laws  to 
apply. 


Authority  of 
nuutiii^toii  to 
conBtrucl  Hide- 
walks,  etc., 
Buspeuded. 


tion  thereof  in  the  registry  of  deeds,  have  his  damages 
assessed  and  determined  in  the  manner  provided  when 
land  is  taken  for  highways ;  and  if  either  party  is  not 
satisfied  with  the  award  of  damages  by  the  county  com- 
missioners, and  applies  for  a  jury  to  revise  the  same,  the 
fire  district  shall  pay  the  damages  awarded  by  the  jury, 
and  shall  pay  costs  if  the  damages  are  increased  by  the 
jury,  and  shall  recover  costs  if  the  damages  are  decreased  ; 
but  if  the  jury  awards  the  same  damages  as  were  awarded 
by  the  county  commissioners  the  party  who  applies  for 
the  jury  shall  pay  costs  to  the  other  party. 

Section  17.  Penalties  incurred  under  the  provisions 
of  this  act  and  under  any  by-laws  established  in  pursuance 
thereof  may  be  recovered  by  an  action  of  tort  brought  by 
direction  of  said  committee  in  the  name  of  and  for  the 
use  of  said  district,  or  on  complaint  or  indictment  to  the 
use  of  the  Commonwealth :  provided,  that  no  such  action, 
complaint  or  indictment  shall  be  maintained  unless  brought 
within  thirty  days  after  the  right  of  action  accrues  or  the 
offence  is  committed.  No  inhabitant  of  the  district  shall 
be  disqualified  by  reason  of  his  being  such  inhabitant  to 
act  as  judge,  magistrate,  juror  or  officer  in  a  suit  brought 
for  such  penalty. 

Section  18.  The  provisions  of  all  general  laws  of  the 
Commonwealth  applicable  to  fire  districts  and  not  incon- 
sistent with  this  act  shall  apply  to  the  fire  district  of  the 
town  of  Huntington  organized  as  herein  provided.  Noth- 
ino;  therein  contained  shall  be  construed  to  interfere  with 
the  authority  of  surveyors  of  highways  or  any  authority 
of  the  town  or  its  agents  which  can  be  legally  exercised 
over  highways  or  roads,  Init  the  town  of  Huntington  shall 
repair  any  injury  done  to  sidewalks  in  said  district  by  the 
officers  of  said  town  by  reason  of  any  raising,  lowering  or 
other  act  done  for  the  purpose  of  repairing  a  highway  or 
town  way;  and  whenever  any  crosswalk  shall  lie  torn  up 
or  injured  by  the  officers  of  the  town  of  Huntington  in 
making,  repairing,  altering,  raising  or  lowering  any  high- 
way or  town  way,  said  town  shall  relay  and  rc])air  such 
crosswalk  and  place  the  same  in  as  good  condition  as  it 
was  in  before  it  was  torn  up  or  injured.  The  authority 
of  the  town  of  Huntington  to  construct  sidewalks,  main 
drains  and  common  sewers  within  the  limits  of  said  district 
shall  be  suspended  while  this  act  is  in  force ;  but  this  act 
shall  in  no  wise  affect  the  liability  of  the  town  for  any 
damages  caused. within  the  limits  of  its  highways. 


Acts,  1898.  — Chap.  344.  285 


Section  19.  When  a  party  upon  the  trial  of  an  action  Damages  and 
recovers  damages  of  said  town  for  an  injury  caused  to  his  '^°^*^' 
person  or  property  by  a  defect  in  any  sidewalk  in  said 
fire  district,  if  the  fire  district  has  had  reasonable  notice 
to  defend  the  action,  the  said  town  may  recover  of  the 
fire  district,  in  addition  to  the  damages,  all  costs  of  both 
plaintift'and  defendant  in  the  action. 

Approved  April  15^  1898. 

An  Act  to  provide  for  a  w^ater  supply  for  the  fire  district  njjr/q^  Q44 

AND   INHABITANTS   OF   THE  TOWN   OF   HUNTINGTON.  -^ 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Upon  the  establishment  and  organization  Huntington 
of  a  fire  district  in  the  town  of  Huntington  under  the  pro-  s^'ippiynseif"'''^ 
visions  of  the  act  of  the  present  year,  entitled  "  An  Act  t"th  wateretc. 
to  authorize  the  establishment  of  a  fire  district  in  the  town 
of  Huntington  ",  said  fire  district  may  supply  itself  and 
the  inhabitants  of  said  town  with  water  for  the  extinguish- 
ment  ot  fires  and  for  domestic  and  other  purposes ;  may 
establish   fountains  and  hydrants   and   relocate  and  dis- 
continue the    same,  and   may  regulate  the  use  of  such 
water  and  fix  and  collect  rates  to  be  paid  for  the  use  of 
the  same. 

Section  2.  Said  fire  district  may,  for  the  purposes  May  take  certain 
aforesaid,  take  by  purchase  or  otherwise,  and  hold  all  HgWst'etL!  ^"^ 
water  rights  of  the  system  of  water  supply  now  existing 
within  the  limits  of  said  town,  and  owned  jointly  by 
Charles  F.  Cole,  William  G.  Kimball  and  Myron  R.  Fisk, 
all  of  said  Huntington,  with  the  privileges  and  appur- 
tenances thereto  belonging,  and  all  water  pipes,  gates, 
dams  and  appliances  connected  therewith ;  and  said  fire 
district  may  also,  for  the  purposes  aforesaid,  take  by  pur- 
chase or  otherwise  and  hold  the  waters  of  Cook  brook, 
so-called,  in  the  towns  of  Huntington  and  Chester,  the 
waters  from  Cold  brook,  so-called,  in  the  towns  of  Hunt- 
ington and  Blandford,  the  waters  from  the  Tinker  brook, 
so-called,  in  the  towns  of  Huntington  and  Blandford,  the 
Avaters  from  Roaring  brook,  sometimes  called  Taylor 
brook,  in  the  towns  of  Huntington  and  Montgomery,  the 
waters  from  Black  brook,  so-called,  in  the  towns  of  Bland- 
ford and  Russell,  the  waters  from  Gold  Mine  brook,  so- 
called,  in  the  towns  of  Chester  and  Blandford,  the  waters 
from  Buttolph  brook,  so-called,  in  the  towns  of  Hunting- 
ton and  Chester,  and  the  waters  from  Norwich  pond  and 


286  Acts,  1898.  — Chap.  'dU, 

Pond  brook,  so-called,  in  the  town  of  Huntington,  and 
the  Avaters  flowing  into  and  from  the  same,  as  the   said 
fire   district  may   determine,  together  with  any   and   all 
Proviso.  water  rights  connected  therewith  :  pi'ovided^  Jiowever,  that 

no  water,  water  sources  or  water  rights  shall  be  taken 
under  the  provisions  of  this  act  until  the  same  have  been 
May  take  certain  approvcd  by  tlic  statc  board  of  health.  Said  fire  district 
etrnctures.iay  may  also,  for  the  purposes  aforesaid,  take  by  purchase  or 
pipes,  etc.  otherwise  and  hold  all  lands,  rights  of  way  and  easements 
necessary  for  holding  and  preserving  such  water  and  for 
conveying  the  same  to  any  part  of  said  town  of  Hunting- 
ton ;  and  may  erect  on  the  lands  thus  taken  or  held  proper 
dams,  buildings,  fixtures  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  efi^ective  water  works ;  and  may  construct  and  lay 
down  conduits,  pipes  and  other  works,  under  or  over  any 
lands,  water  courses,  railroads  or  public  or  private  ways, 
and  along  any  such  way  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same  ;  and  for  the  purpose  of  con- 
structing, maintaining  and  repairing  such  conduits,  pipes 
and  other  works,  and  for  all  proper  purposes  of  this  act, 
said  fire  district  may  dig  up  any  such  lands,  and,  under 
the  direction  of  the  board  of  selectmen  of  the  town  in 
which  such  ways  are  situated,  may  enter  upon  and  dig 
up  any  such  ways  in  such  manner  as  to  cause  the  least 
hindrance  to  public  travel  thereon. 
pescription  of        SECTION  3.     Said  fire  district  shall,  within  sixty  days 

lands,  etc.,  to  be  .     ,  '  *'.,•' 

recorded.  after  the  takmg  of  any  lands,  rights  ot  way,  water  rights, 

water  sources  or  easements  as  aforesaid,  otherwise  than 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  registry  district  in  which  the  same  are 
situated,  a  description  thereof  sufficiently  accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  water  commissioners 
hereinafter  provided  for. 

Damages.  SECTION  4.     Said  fire  district  shall  be  liable  to  pay  all 

damages  to  property  sustained  by  any  person  or  corpora- 
tion by  the  taking  of  any  lands,  water  or  water  rights, 
by  said  fire  district,  or  by  the  laying  or  maintaining  of 
any  aqueducts  or  other  works  for  the  purposes  aforesaid. 
Any  person  or  corporation  sustaining  damages  as  afore- 
said, and  unable  to  agree  with  the  said  district  upon  the 


Acts,  1898.  — Chap.  3U.  287 

amount  of  such  damages,  may  have  them  assessed  in  the 
manner  provided  by  law  with  respect  to  lands  taken  for 
highways.  Any  person  or  corporation  whose  water  rights 
are  thus  taken  or  affected  may  apply  as  aforesaid  within 
three  years  from  the  time  the  water  is  actually  withdrawn 
or  diverted,  and  not  thereafter. 

Section  5.  The  said  fire  district  may,  for  the  purpose  Huntington-Fire 
of  paying  the  necessary  expenses  and  liabilities  incurred  loIu!'''^  ^^**'''^ 
under  the  provisions  of  this  act,  issue  from  time  to  time, 
bonds,  notes  or  scrip,  to  any  amount  not  exceeding  in  the 
aggregate  thirty  thousand  dollars  ;  such  bonds,  notes  and 
scrip  shall  bear  on  their  face  the  words,  Huntington  Fire 
District  Water  Loan,  shall  be  payable  at  the  expiration 
of  periods  not  exceeding  thirty  years  from  the  date  of 
issue,  shall  bear  interest,  payable  annually,  at  a  rate  not 
exceeding  six  per  cent,  per  annum,  and  shall  be  signed 
by  the  treasurer  of  the  fire  district  and  countersigned  by 
the  chairman  of  the  prudential  committee  of  said  fire  dis- 
trict, and  by  the  chairman  of  the  water  commissioners. 
The  said  fire  district  may  sell  such  securities  at  public  or 
private  sale  at  not  less  than  par,  or  pledge  the  same  for 
money  borrowed  for  the  purposes  of  this  act,  upon  such 
terms  and  conditions  as  it  may  deem  proper. 

Section  6.     Said  lire  district  shall  establish  a  sinking  sinking  fund, 
fund  and  shall  annually,  after  five  years  from  the  accept- 
ance of  this  act  by  said  fire  district,  contribute  to  such 
fund  a  sum  sufficient  with  the  accumulations  to  pay  the 
principal    of  said  loan  at  maturity.     The  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose :  provided^  Proviso. 
that  the  said  town  or  fire  district  may,  instead  of  estab- 
lishing said  sinking  fund,  pay  the  principal  of  said  loan 
by  annual  instalments  not  exceeding  the  sum  of  tw^o  thou- 
sand dollars  in  one  year.     The  said  fire  district  shall  assess  Payment  of 
and  collect,  by  taxation,  upon  the  estates,  real  and  per-  ®^i'*^°^^*" 
sonal,  in  said  fire  district,  a  sum  which  with  the  income 
derived  from  the  water  rates  will  be  sufficient  to  pay  the 
current  annual  expenses  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued 
as  aforesaid  by  said  fire  district,  and  to  make  such  contribu- 
tions to  the  sinking  fund  as  may  be  required  under  this  act. 

Section  7.  The  town  of  Huntington  may,  upon  a  two  Town  may 
thirds  vote  of  the  legal  voters  present  and  voting  thereon  pay'^em  of 
at  a  legal  meeting  called  for  the  purpose,  guarantee  the  bonds,  etc. 


288 


Acts,  1898.  — Chap.  344. 


Penalty  for 
corruption  of 
■water,  etc. 


Water  coramis- 
Bioners,  elec- 
tion, termB,  etc. 


To  be  truBtees 
of  sinking  fund, 
etc. 


Vacancy. 


When  to  take 
effect,  etc. 


payment  of  said  bonds,  notes  or  scrip,  provided  such 
meeting  is  held  within  one  year  from  the  acceptance  of 
this  act  by  said  lire  district. 

Section  8.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  water  taken  under  this  act, 
or  destroys  or  injures  any  dam,  conduits,  hydrants,  ma- 
chinery or  other  works  or  property  held,  owned  or  used 
by  said  district  under  the  authority  and  for  the  purposes 
of  this  act,  shall  forfeit  and  pay  to  the  said  district  three 
times  the  amount  of  the  damage  assessed  therefor,  to  be 
recovered  in  an  action  of  tort ;  and  on  conviction  of  any 
of  the  acts  aforesaid  may  be  punished  by  a  fine  not  less 
than  twenty  nor  more  than  three  hundred  dollars,  or  by 
imprisonment  in  jail  not  exceeding  one  year,  or  by  both 
such  fine  and  imprisonment. 

Section  9.  At  the  meeting  of  said  fire  district  called 
for  the  acceptance  of  this  act,  or  at  any  legal  meeting 
called  for  the  purpose,  three  persons  shall  be  elected  by 
ballot,  who  shall  exercise  all  rights,  powers  and  privileges 
herein  granted,  subject  however  to  instructions  and  direc- 
tions of  the  fire  district,  and  who  shall  constitute  a  board 
of  water  commissioners ;  one  of  said  three  persons  shall 
be  elected  for  the  term  of  three  years  from  the  next  suc- 
ceeding annual  meeting  of  said  fire  district,  one  for  a  term 
of  two  years  and  one  for  a  term  of  one  year ;  after  which 
first  election  one  member  of  said  board,  as  the  term  of 
each  incumbent  expires,  shall  be  elected  at  the  annual  dis- 
trict meeting,  to  serve  for  the  term  of  three  years.  Said 
board  of  water  commissioners  shall  be  trustees  of  the  sink- 
ing fund  herein  provided  for,  and  shall  have  charge  of  the 
water  works,  and  may  fix  the  price  of  rents  for  the  use 
of  water,  and  may  exercise  all  the  rights,  powers  and 
authority  granted  to  said  district  by  this  act  relative  to 
such  duties,  subject  however  to  such  instructions,  rules 
and  regulations  as  said  district  may  impose  l)y  its  vote. 
A  majority  of  said  board  of  commissioners  shall  con- 
stitute a  quorum  for  the  transaction  of  business  relative 
to  the  water  works  and  the  sinking  fund.  Any  vacancy 
occurring  in  said  board  of  commissioners  from  any  cause 
may  be  fiilled  by  said  district  at  any  legal  district  meeting 
for  the  unexpired  term. 

Section  10.  This  act  shall  take  effect  upon  its  passage, 
but  no  expenditure  shall  be  made  or  liability  incurred  under 
the  same  except  for  [)reliminary  surveys  and  estimates,  un- 


Acts,  1898.  — Chap.*  345.  289 

less  this  act  shall  first  be  accepted  by  a  vote  of  two  thirds 
of  the  legal  voters  of  said  fire  district  present  and  voting 
thereon  at  a  legal  meeting  called  for  that  purpose  within 
three  years  from  the  establishment  and  organization  of  said 
fire  district  in  said  town  ;  and  the  number  of  said  meetings 
called  for  that  purpose  in  any  one  year  shall  not  exceed 
two.  Approved  April  15,  1898. 


ChapM5 


An  Act   to  authokize  the  town  of  webster  to  construct 
and  maintain  a  system  of  sewerage  and  sewage  disposal. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The  town  of  Webster  is  hereby  authorized,  May  construct 

,  ,^-  ..  Ill  system  or  eew- 

through  a  board  oi  sewer  commissioners  to  be  elected  as  erage,  etc. 
hereinafter  provided,  to  lay  out,  construct  and  maintain  a 
system  of  sewerage  and  sewage  disposal  for  said  town, 
and  may,  by  said  board,  take,  by  purchase  or  otherwise, 
any  lands,  water  rights,  rights  of  way  or  easements  in  the 
town  of  We])ster  deemed  by  said  board  necessary  for  the 
establishment  of  such  system  of  sewerage  and  sewage  dis- 
posal, and  for  connections  therewith. 

Section  2.     No  sewers  or  other  works  shall  be  con-  system  to  be 
structed  under  the  authority  of  this  act  until  said  system  et!ue°board^of 
of  sewerage  and  sewage  disposal  has  been  approved  by  ^^eaitb.etc. 
the  state  board  of  health,  after  clue  notice  by  said  board 
of  the  presentation  to  it  of  such  system  for  its  approval, 
by  a  i)ublication  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  ]n*oper ;  and  said 
board  after  such  hearing  may  reject  such  system,  may 
approve  it,  or  may  modify  and  amend  the  same,  and  ap- 
prove it  as  so  modified  and  amended. 

Section  3.     The  board  of  sewer  commissioners  of  the  Board  of  sewer 
town  of  Webster  shall  consist  of  three  persons,  who  shall  eL^tTonrterms', 
be  citizens  and  residents  of  said  town,  and  who  shall  be  ^*'=- 
elected  by  ballot  at  a  special  meeting  or  at  an  annual 
meeting  of  said  town,  one  commissioner  to  hold  office  for 
one  year,  one  for  two  years  and  one  for  three  years,  re- 
spectively, from  the  date  of  the  annual  town  meeting  next 
succeeding  the  date  of  his  election  and  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  three  years  and  until  his  successor  is  elected  and 
qualified.     If  a  vacancy  occurs  in  said  board  said  town  vacancy. 
may  at  a  meeting  called  for  such  purpose  elect  a  person 


290 


Acts,  1898.  — Chap.  345. 


May  carry  its 
sewers  under 
streets,  dig  up 
private  land, 
etc. 


Description  of 
lands,  etc.,  to 
be  recorded. 


Damages. 


Town  may  offer 
a  specified  sum 
as  damages, 
etc. 


Payment  of 
expenses,  etc. 


duly  qualified  to  fill  such  vacancy.  Said  town  shall  fix 
the  compensation  to  be  paid  to  said  board. 

Section  4.  Said  town  may,  for  the  purposes  of  this 
act,  carry  its  sewers,  pipes  and  conduits  under  any  street, 
railroad,  highway  or  other  way,  in  such  a  manner  as  not 
unnecessarily  to  obstruct  the  same,  and  ma}^  enter  upon 
and  dig  up  any  private  land,  street  or  w\ay  for  the  purpose 
of  constructing  said  system,  laying  such  sewers,  pipes  and 
conduits,  and  maintaining  and  repairing  the  same ;  and 
may  do  any  other  thing  necessary  or  proper  in  carrying 
out  the  purposes  of  this  act. 

Section  5.  Said  town  when  it  takes  any  lands,  water 
rights,  rights  of  way  or  easements  or  other  real  estate 
under  authority  of  this  act,  in  any  manner  other  than  by 
purchase,  shall  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  and  district  in  which  the  same  are 
situated  a  description  thereof  sufficiently  accurate  for 
identification,  with  a  statement  that  the  same  were  taken 
under  the  authority  of  this  act,  signed  by  the  selectmen 
of  said  town  ;  and  upon  such  recording  the  title  of  the 
lands,  water  rights,  rights  and  easements  and  other  real 
estate  so  described  shall  vest  in  said  tow^n. 

Section  6.  Said  town  shall  pay  all  damages  sustained 
by  any  person  in  his  property  by  reason  of  such  taking, 
and  if  such  person  and  town  fail  to  agree  as  to  the  amount 
of  damages  sustained  i^uch  damages  shall  be  assessed  and 
determined  by  a  jury  of  the  superior  court,  in  the  manner 
provided  by  law  when  land  is  taken  for  laying  out  a  high- 
way, on  petition  therefor  by  either  party  filed  in  the  office 
of  the  clerk  of  said  court  for  the  county  of  AVorcester,  at 
any  time  within  two  years  from  the  taking  of  such  land 
or  other  property. 

Section  7.  Said  town,  in  case  of  a  petition  for  a  jury 
as  aforesaid,  may  ofler  in  court  and  consent  in  writing 
that  a  sum  therein  specified  may  be  awarded  as  damages 
to  the  complainant ;  and  if  the  complainant  does  not  ac- 
cept the  sum  so  offered  within  one  year  after  he  has  re- 
ceived notice  of  the  offer,  and  does  not  finally  recover  a 
greater  sum  than  the  sum  offered,  not  including  interest, 
said  town  shall  be  entitled  to  recover  its  costs  after  the  date 
of  said  offer,  and  the  complainant  if  he  recovers  damages 
shall  be  allowed  his  costs  only  to  the  date  of  said  ofter. 

Section  8.  Said  town  shall  meet  the  expenses  of  con- 
structing and  maintaining  said  sewerage  system  and  the 


Acts,  1898.— Chap.  345.  291 

sewers  of  said  town,  including  the  sewers  of  said  system, 
by  assessments  upon  persons  and  estates,  or  in  such  other 
manner  as  may  l)e  determined  by  the  inhabitants  thereof. 
Said  town  may  also  determine  by  vote  at  any  legal  town 
meeting  how  much  of  such  system  of  sewerage  and  sewage 
disposal  shall  be  built  from  year  to  year. 

Section  9.  All  contracts  made  by  said  board  of  com-  Making  of  con- 
missioners  for  the  purposes  of  this  act  shall  be  the  con-  ^  '^  ' 
tracts  of  said  town  and  shall  be  signed  by  said  board ;  but 
no  contracts  shall  be  made  or  obligations  incurred  by  said 
commissioners  for  the  laying  out  and  construction  of  said 
systems  of  sewerage  in  excess  of  the  amount  of  money 
appropriated  by  the  said  town  therefor. 

Section  10.  Said  board  of  commissioners  may  from  May  prescribe 
time  to  time  prescribe  rules  and  regulations  for  the  con-  laUons^etc!^"' 
necting  of  estates  and  buildings  with  the  main  drains  and 
sewers,  and  for  the  inspection  of  materials,  construction, 
alteration  or  use  of  all  connections  and  drains  entering 
into  such  drains  or  sewers,  and  may  impose  penalties  not 
exceeding  twenty  dollars  for  violations  of  any  such  rule 
or  regulation.  Such  rules  and  regulations  shall  be  pub- 
lished not  less  than  once  a  week  for  three  successive  weeks 
in  some  newspaper  published  in  said  town,  and  shall  not 
take  effect  until  such  publication  has  been  made. 

Sectiox  11.  The  provisions  of  chapter  fifty  of  the  certain  pro- 
Public  Statutes  and  of  acts  in  amendment  thereof  and  in  to%piy.  ^^ 
addition  thereto,  also  of  chapter  two  hundred  and  forty- 
five  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two,  so  far  as  applicable  and  not  inconsistent  with  this 
act,  shall  apply  to  the  town  of  Webster  in  carrying  out 
the  provisions  of  this  act. 

Section  12.  This  act  shall  take  effect  upon  its  passage,  when  to  take 
but  no  expenditure  shall  be  made  nor  any  liability  in- ^  ec.ec. 
curred  under  the  same  unless  this  act  shall  first  be  accepted 
by  a  vote  of  two  thirds  of  the  legal  voters  of  said  town  of 
Webster  present  and  voting  thereon  at  a  legal  meeting 
called  for  that  purpose  w^ithin  one  year  from  the  date  of 
its  passage.  Said  tow^n  may  elect  its  board  of  sewer 
commissioners,  as  provided  in  section  three,  at  the  same 
meeting  at  which  it  accepts  this  act. 

Approved  April  15,  1898. 


292 


Acts,  1898.  — Chap.  346. 


May  construct 
a  eyBtem  of 
sewerage,  etc. 


May  lay  main 
drains,  etc. 


Cha7).34:Q  ^^   ^^'^  '^^   AUTHORIZE   THE   TOWN   OF  FOXBOROUGH  TO  CONSTRUCT 

A    SYSTEM   OF   SEWERAGE. 

Be  it  enacted,  etc.,  as  follows': 

Section  1,  The  town  of  Foxborough  13  hereby  author- 
ized, through  its  board  of  selectmen,  its  board  of  health, 
or  a  special  committee  duly  designated,  appointed  or 
chosen  for  the  purpose,  at  a  legal  meeting  of  said  town, 
to  lay  out  and  construct,  and  through  its  board  of  health 
to  maintain  and  operate,  a  system  of  sewerage  for  a  part 
or  the  whole  of  its  territory,  and  such  connections  and 
other  works  as  may  be  required  for  a  system  of  sewage 
disposal  for  said  town,  in  accordance  with  plans  made  for 
said  town  and  accepted  and  adopted  by  said  town ;  and 
said  town  through  the  board  or  committee  selected  as 
above-provided,  for  the  purpose  of  providing  better  sur- 
face or  other  drainage  for  any  part  or  parts  of  said  town, 
guarding  against  pollution  of  waters,  and  otherwise  pro- 
tecting the  public  health,  may  lay,  make  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  channels  thereof. 

Section  2.  No  act  shall  be  done  under  the  authority 
of  the  preceding  section  until  said  system  of  sewerage 
and  sewage  disposal  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 
for  a  hearing  thereon  in  such  paper  or  papers  and  at  such 
times  as  said  board  may  deem  proper.  Said  board  after 
hearing  may  reject  such  system,  may  a})prove  it,  or  may 
modify  and  amend  the  same,  and  approve  it  as  so  modified 
and  amended. 

Section  3.  Said  town,  through  the  board  or  committee 
provided  for  in  section  one,  shall  have  full  power  to  take 
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  sew- 
age disposal,  or  for  any  of  the  purposes  mentioned  in 
section  one,  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 


System  to  be 
approved  by 
state  board  of 
health,  etc. 


May  take  lands, 
water  rights, 
etc. 


Acts,  1898.  —  CnAr.  346.  293 

and  dig  up  any  private  land,  street  or  way,  for  the  pur-  May  dig  up 
pose  of  laying  such  main  drains  and  sewers  beneath  the  et"!'**'^''*°'^' 
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  or  committee,  in  order  to  take  Description  of 
any  lands,  water  rights,  rights  of  way  or  easements,  other-  iTe^reVrdedr 
wise  tlian  by  purchase  or  agreement,  shall  cause  to  be  re- 
corded in  the  registry  of  deeds  for  the  county  of  Norfolk 
a  statement  signed  by  a  majority  of  said  board  or  com- 
mittee, containing  a  description  thereof  sufficiently  ac- 
curate for  identification,  and  specifying  therein  that  the 
same  are  taken  under  the  authority  of  this  act ;  and  upon  Damages,  etc. 
such  recording  the  title  in  the  lands,  water  rights,  rights 
of  way  or  easements  described  in  such  statement  shall 
vest  in  said  town  of  Foxborough,  which  shall  pay  all 
damages  therefor,  such  payment  to  be  made  out  of  the 
appropriation  for  the  construction  of  main  drains  and 
sewers.  Said  board  or  committee  shall  at  the  time  of 
such  taking  notify  the  owners  thereof  in  writing,  and 
may  agree  with  the  person  or  corporation  injured  upon 
the  damages  sustained  by  any  such  person  or  corporation 
by  any  taking  of  property  or  rights  for  the  purposes 
aforesaid,  and  if  the  damages  are  not  agreed  upon  a  jury 
in  the  superior  court  for  said  county  may  be  had,  upon 
petition  of  the  aggrieved  party,  to  determine  the  same, 
in  the  manner  provided  by  law  for  determining  the  dam- 
ages to  be  paid  for  land  taken  for  highways ;  but  no  suit 
or  petition  shall  be  brought  after  two  years  from  the  date 
of  the  recording  of  the  taking  as  herein  provided. 

Section  5.     In  everv  case  of  a  petition  for  the  assess-  Town  may  offer 

.       n    -,  p".  -li  J  1  •  ^  specified  sum 

ment  ot  damages  or  tor  a  jury  said  town  may  at  any  time  as  damages,  etc. 
tile  in  the  office  of  the  clerk  of  said  court  an  offer  in  writ- 
ing to  pay  the  petitioner  a  sum  specitied  therein  as  dam- 
ages ;  and  if  said  petitioner  does  not  accept  the  same 
within  one  year  after  notice  of  such  offer,  and  does  not 
tinally  recover  a  sum  greater  than  that  offered,  not  in- 
cluding interest  on  the  sum  so  recovered,  the  town  shall 
recover  costs  from  date  of  said  notice,  and  the  petitioner 
if  he  recovers  damages  shall  be  entitled  to  costs  only  to 
said  date. 

Section  6.     All  contracts  made  by  said  board  or  com-  Making  of 
mittee  for  the  purposes  of  this  act  shall  be  the  contracts  '^^^  ^^'^  *'  ^  "' 
of  said  town,  and  shall  be  signed  by  said  board  or  com- 


29Jt 


Acts,  1898.  — Chap.  316. 


Faxborougb 
Sewerage  Loan. 


Proviso. 


Apportionment 
of  cost. 


mittee,  but  no  contracts  shall  be  made  or  obligations  in- 
curred by  said  board  or  committee  for  the  laying  out  and 
construction  of  said  systems  of  sewers  and  sewage  dis- 
posal which  are  not  included  in  and  covered  by  the  plans, 
specifications  and  estimates  adopted  by  said  town  and  au- 
thorized by  its  vote,  or  which  are  in  excess  of  the  amount 
of  money  appropriated  by  the  town  therefor,  and  said 
town  under  the  provisions  of  this  act  may  vote  at  any 
legal  town  meeting  how  much  of  such  systems  of  sewers 
and  sewage  disposal  shall  be  built  from  year  to  year. 

Section  7.  Said  town,  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  thirty  thousand  dollars,  and  the 
bonds,  notes  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,  Foxborough  Sewerage  Loan,  shall  be  payable 
within  a  period  not  exceeding  thirty  years  from  the 
date  of  issue  of  such  bonds,  notes  or  scrip,  respectively, 
and  shall  bear  interest  at  a  rate  not  exceeding  five  per 
cent,  per  annum,  payable  semi-annually.  Said  bonds, 
.notes  or  scrip  shall  be  signed  by  the  treasurer  of  said 
town  and  shall  be  countersigned  by  a  majority  of  the 
selectmen.  Said  town  may  sell  such  securities  or  any 
part  thereof  from  time  to  time,  or  pledge  the  same  for 
money  borrowed  for  the  purposes  of  this  act :  2^^'ovided, 
that  they  shall  not  be  sold  or  pledged  for  less  than  the 
par  value  thereof ;  and  the  proceeds  of  said  sales  and  the 
moneys  borrowed  upon  them  as  collateral  shall  be  retained 
in  the  treasury  of  the  town  for  the  purposes  of  this  act, 
and  the  treasurer  shall  have  no  right  or  authority  to  pay 
out  such  moneys  except  for  such  purposes,  and  upon 
orders  duly  drawn  therefor  and  accompanied  by  vouchers 
of  expenditui'e  or  obligation  duly  approved  by  the  said 
board^or  committee  in  charge  of  the  sewerage  system  of 
said  town. 

Section  8.  Said  town  shall  at  the  time  of  authorizing 
said  loan  determine  what  proportion  of  the  cost  of  said 
system  or  systems  of  sewers  and  sewage   disposal  said 


Acts,  1898.  — Chap.  346.  295 

town  shall  pay  in  its  general  tax  assessment :  jt^ovided,  Proviso. 
that  it  shall  not  pay  less  than  one  third  nor  more  than 
one  half  of  the  whole  cost.  The  remaining  part  of  the 
cost  of  said  systems  shall  l)e  repaid  to  the  town  by  the 
owners  of  estates,  buildings  and  property  situated  within 
the  limits  of  the  Foxborough  Water  Supply  District  l^'ing 
less  than  one  mile  distant  from  the  centre  of  the  common 
in  said  town  of  Foxborough,  as  it  at  present  exists,  or  as 
it  may  from  time  to  time  be  extended  and  benefited  thereby, 
in  proportion  to  the  assessed  valuation  of  said  estates, 
buildings  and  property,  and  at  the  same  time  shall  pro- 
vide for  the  payment  of  the  bonds  issued  under  the  pro- 
visions of  this  act,  together  with  the  interest  thereon  and 
the  maintenance  of  said  system  in  such  proportionate 
annual  payments  as  will  extinguish  said  liabilities  within 
the  time  prescribed  in  this  act ;  and  w^hen  such  vote  shall 
have  been  passed  the  relative  amounts  determined  by  said 
vote  to  be  paid  in  each  year  thereafter  by  the  town  in  its 
general  tax  assessment,  and  by  the  owners  of  the  estates, 
buildings  and  property  embraced  within  the  limits  above- 
mentioned,  in  the  special  assessment  authorized  by  the 
vote  above  referred  to,  shall  without  further  vote  be  as- 
sessed by  the  assessors  of  said  town  in  each  year  there- 
after until  said  liabilities  shall  have  been  paid,  in  the  same 
manner  as  taxes  are  assessed  under  the  provisions  of  sec- 
tion thirty-four  of  chapter  eleven  of  the  Public  Statutes. 

Sectiox  9.  The  use  of  the  main  drains  and  sewers  use  of  main 
built  under  the  provisions  of  this  act  shall  be  mandatory  sewers  to  be 
and  compulsory  upon  the  owners  and  occupants  of  all  ™^°'i»""'y,  etc. 
estates  and  buildings  embraced  within  the  area  mentioned 
in  section  eight,  and  when  said  system  of  sewers  and 
sewage  disposal,  or  so  much  of  it  as  the  town  shall  vote 
to  build  as  the  first  section  or  instalment  thereof,  shall  be 
completed  and  ready  for  use,  the  care  and  superintendence 
of  the  operation  and  maintenance  of  such  section  and  of 
all  sections  subsequently  built  shall  be  placed  in  the  hands 
of  the  board  of  health  of  said  town,  who  shall  have  and 
exercise  all  the  powers,  privileges  and  authority  wdiich 
are  given  to  such  board  l)y  the  provisions  of  chapter  eighty 
of  the  Public  Statutes  and  of  all  acts  in  amendment  thereof 
or  in  addition  thereto.  Said  board  shall  from  year  to 
year  certify  to  the  assessors  of  said  town  the  estates,  build- 
ings and  properties  which  are  benefited  by  the  Ijuilding 
and  use  of  said  system,  as  provided  in  section  four  of 


296 


Acts,  1898.  —  Chap.  346. 


T(rwn  to 
estaljlish  rules 
and  regulations, 
impose  penal- 
ties, etc. 


Certain  pro- 
visions of  law 
to  apply. 


Abatement  of 
nuisance,  etc. 


chapter  fifty  of  the  Public  Statutes  and  acts  in  amendment 
thereof  or  in  addition  thereto.  Said  town  shall  by  vote 
estal)lish  rules  and  regulations  for  the  connecting  of  estates 
and  buildings  with  said  main  drains  and  sewers,  and  for 
the  selection  of  materials  to  be  used  in  said  connections, 
and  for  the  inspection  of  the  construction,  maintenance, 
alteration  and  use  of  all  such  sub-drains  and  connections 
entering  into  its  main  drains  and  sewers,  and  may  im- 
pose penalties,  not  exceeding  twenty  dollars  in  amount, 
for  each  violation  of  any  such  rule  or  regulation,  which 
rules  and  regulations  shall  be  submitted  to  the  town  at  a 
legal  town  meeting  for  its  approval ;  and  upon  such  ap- 
proval shall  be  published  not  less  than  once  a  week  for 
four  successive  weeks  in  some  newspaper  published  in 
said  town,  and  shall  not  take  effect  and  become  operative 
until  such  publication  has  been  made.  Upon  the  establish- 
ment of  such  rules  and  regulations  all  owners  of  estates 
and  buildings  within  said  territory  shall,  with  due  dili- 
gence and  at  their  own  expense,  construct  such  proper 
sub-drains  and  connections  between  their  estates  and  build- 
ings, and  the  main  drains  and  sewers  built  by  the  town, 
as  shall  take  proper  care  of  all  such  sewage  and  waste  as 
may  be  produced  upon  their  premises,  in  such  a  manner 
as  shall  meet  the  approval  of  the  board  of  health  of  said 
town,  and  shall  maintain  such  sub-drains  and  connections 
in  proper  w^orking  order  and  condition,  under  the  super- 
vision and  to  the  satisfaction  of  said  board  of  health. 

Section  10.  The  provisions  of  chapter  fifty  of  the 
Public  Statutes  and  of  acts  in  amendment  thereof  and  in 
addition  thereto,  and  of  chapter  two  hundred  and  forty- 
five  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two,  so  far  as  applicable  and  not  inconsistent  with  this 
act,  shall  apply  to  the  town  of  Foxborough  in  carrying 
out  the  provisions  of  this  act. 

Section  1 1  In  the  exercise  of  the  powers  granted  by 
this  act  the  town  of  Foxborough  shall  at  all  times  manage 
and  dispose  of  its  sewage  in  such  a  manner  as  not  to 
create  a  nuisance  or  render  injurious  to  the  public  health 
the  waters  into  which  any  effluent  from  its  sewage  is  dis- 
charged. If  at  any  time  a  nuisance  is  created,  or  the 
waters  aforesaid  are  rendered  injurious  to  the  public 
health,  the  state  board  of  health  shall,  upon  application 
of  the  selectmen  of  any  town  adjacent  to  said  town  of 
Foxborough  or  to  the  waters  aforesaid,  alleging  the  exist- 


Acts,  1898.  — Chap.  347.  297 

ence  of  a  nuisance  or  the  pollution  of  the  waters  afore- 
said to  such  a  degree  as  to  be  injurious  to  the  public 
health,  appoint  a  time  and  place  for  a  public  hearing 
thereon,  and  give  due  notice  thereof  to  all  parties  inter- 
ested. After  such  hearing  the  state  board  may,  if  in  its 
judgment  there  is  occasion  therefor,  order  the  town  of 
Foxborough  to  abate  such  nuisance,  or  to  cleanse  or  purify 
the  polluting  substances  before  they  are  discharged  into 
the  waters  aforesaid,  in  such  a  manner  and  to  such  a 
degree  that  they  shall  no  longer  be  deleterious  to  the  pub- 
lic health.  Any  court  having  jurisdiction  in  equity  may,  Enforcement  of 
upon  the  application  of  said  board  or  of  the  selectmen  of 
any  town  authorized  by  this  section  to  enter  a  complaint, 
by  any  proper  process  or  decree  enforce  the  orders  of 
said  board  in  the  premises. 

Section  12.  This  act  shall  take  effect  upon  its  passage,  J^^^" g",.*''^® 
but  no  expenditure  shall  be  made  and  no  liability  incurred 
hereunder  unless  this  act  shall  first  be  accepted  by  a  two 
thirds  vote  of  the  legal  voters  of  said  town  present  and 
voting  thereon  at  a  legal  meeting  called  for  the  purpose 
within  three  }Tars  from  the  date  of  its  passage  ;  and  said 
town  may  place  the  building  of  its  system  of  sewers  and 
sewage  disposal  in  the  charge  of  its  board  of  selectmen, 
its  board  of  health,  or  a  special  committee  chosen  for  the 
purpose,  as  provided  in  section  one  of  this  act,  at  the 
same  meeting  at  which  it  accepts  this  act. 

Appi'oved  April  15,  1898. 

An  Act  making  an  appropriation  to  defray  certain  military  njiaj).^^ 

AND   NAVAL  EXPENSES. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1 .  The  sum  of  five  hundred  thousand  dollars  Military  and 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  "'^^^  expense . 
the  Commonwealth  from  the  ordinary  revenue,  to  be 
expended  under  the  direction  of  the  commander-in-chief 
in  defraying  the  military  and  naval  expenses  which  the 
existing  emergency  arising  out  of  the  condition  of  the  re- 
lations of  the  government  of  the  United  States  with  tlie 
kingdom  of  Spain,  and  the  exigencies  of  possible  war, 
may  render  requisite  and  proper. 

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

Approved  April  15,  1898. 


298 


Acts,  1898. 


Chaps.  348,  349. 


C7ia^.348 

Camp  duty. 


Brigade  com- 
manders, allow- 
ance, etc. 


Members  of 
band,  allow- 
ance. 


Stable  sergeant, 
allowance. 


First  regiment 
of  heavy  artil- 
lery, additional 
staff  officers. 


Repeal. 


An  Act  relative  to  the  militia. 
Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  The  volunteer  militia  shall  perform  not 
less  than  seven  consecutive  days  of  camp  duty  in  each 
year,  at  such  time  and  place  as  the  commander-in-chief 
shall  designate. 

Section  2.  Brigade  commanders  may  visit  the  head- 
quarters and  companies  of  their  brigades  whenever  they 
deem  it  necessary  for  military  instruction.  For  such 
visits  mileage  shall  be  allowed  at  the  rate  of  four  cents  a 
mile  each  way,  the  distance  to  be  computed  l^y  the  line 
of  the  most  direct  railroad  communication  from  the  resi- 
dence of  the  officer. 

Section  3.  The  sum  of  one  dollar  in  addition  to  the 
sum  now  allowed  by  law  shall  be  allowed  for  each  member 
of  a  band  on  duty  with  troops  under  the  orders  of  the 
commander-in-chief. 

Section  4.  Hereafter  the  stable  sergeant  in  each  light 
battery  shall  be  entitled  to  be  mounted,  and  the  sum  of 
four  dollars  per  day  shall  be  allowed  for  the  horse  of  said 
sergeant. 

Section  5.  The  following  additional  staff  officers  shall 
be  allowed  to  the  first  regiment  of  heavy  artillery  :  —  One 
signal  officer,  one  range  officer,  and  one  aide-de-camp, 
each  with  the  rank  of  first  lieutenant.  Said  additional 
officers  shall  be  appointed  and  commissioned  as  entitled 
to  all  emoluments  now  provided  by  law  for  officers  of  their 
rank. 

Section  6.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Ajyproved  April  19,  1898. 


Chctp.34Q  -^^   -'^ct  relative  to  the   bridge  over  the  merrimac  river 

BETWEEN  THE  CITY  OF  NEWBURYPORT  AND  THE  TOWN  OF  SALIS- 
BURY AND  TO  THE  ESSEX  MERRIMAC  BRIDGE  BETWEEN  SAID  CITY 
AND  DEER  ISLAND   IN   THE   TOWN   OK   AMESBURY. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1 .  Section  three  of  chapter  four  hundred  and 
eighty-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-six  is  hereby  amended  by  inserting  after  the  word 
"  expended",  in  the  fourth  line,  the  words: — or  which 
may  be  expended,  —  and  by  adding  at  the  end  of  said 


1896,  483, §  3, 
amended. 


Acts,  1898.  — Chaps.  350,  351.  299 

section  the  followins:  words  :  —  Said  commissioners  may 
also  reiml)urse  the  city  of  Newburyport  in  the  manner  and 
to  the  extent  provided  in  this  section  for  the  amount 
ah'eady  expended  and  which  may  be  expended  by  said 
city  for  the  maintenance  of  and  repairs  upon  the  Essex 
^Nlerrimac  bridge  between  Newburyport  and  Deer  island 
in  Amesbury, — so  as  to  read  as  follows: — Section  3.  Newburyport 

-,     .  i  .  ^  .  .      ,  , ,  . ,  /.   -»T        1  'lod  Salisbury 

baid  commissioners  may  reimburse  the  city  ot  Newbury-  may  be  reim. 
port  and  the  town  of  Salisbury  from  the  treasury  of  the  amo^mta!'^'*"' 
county  of  Essex  for  not  exceeding  sixty  per  cent,  of  the 
amount  already  expended,  or  which  may  be  expended  by 
said  city  and  town  in  making  repairs  on  said  bridge,  for 
which  in  the  judgment  of  said  commissioners  said  city  and 
town  ought  to  be  reimbursed.  Said  commissioners  may 
also  reimburse  the  city  of  Newburyport  in  the  manner 
and  to  the  extent  provided  in  this  section  for  the  amount 
already  expended  and  which  ma3'  be  expended  by  said 
city  for  the  maintenance  of  and  repairs  upon  the  Essex 
Merrimac  bridge  between  Newburyport  and  Deer  island 
in  Amesliury. 

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

Api^roved  April  21,  1898. 

An  Act  to  authorize  the  county  commissioners  of  the  county  njifj^  S50 

OF   MIDDLESEX   TO   PROVIDE   SUITABLE    BUILDINGS   OR   ROOMS    FOR  "' 

THE   USE   OF   THE   FIRST   DISTRICT  COURT   OF  EASTERN  MIDDLESEX. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  county  commissioners  of  the  county  suitable  ac- 
of  Middlesex  are  hereby  authorized  to  lease  for  a  term  of  be'provwed  fo*° 
years,  not  exceeding  ten,  upon  such  terms  and  conditions  cmmo^/ eastern 
as  they  shall  deem  reasonable  and  proper,  such  buildings  Middlesex. 
or  rooms  as  may  be  necessary  for  the  convenient  and  suit- 
able accommodation  of  the  first  district  court  of  eastern 
Middlesex. 

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

Approved  April  21,  1898. 


ChapMl 


An  Act  to  authorize  cities  and  towns  to  construct  bicycle 

PATHS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Cities  and  towns  may  lav  out,  construct  t^ities  and 

I  •     .     •  J 1         /•  1  •  1  1       '  •    ,      towns  mav  con- 

and   maintain   paths  tor    incycles,   and    may  appropriate  structbicycie 
money  to  meet  the  expense  of  such  lajnng  out,  construe-  i''''*^*>  ^*'=- 
tion    and   maintenance.     The    general  provisions  of  law 


300 


Acts,  1898.  —  Ch.^.  352. 


relative  to  the  laying  out,  construction  and  maintenance 
of  hiohways  shall,  so  far  as  applicable,  apply  to  such 
bicycle  paths. 

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

Approved  April  21,  189 8. 


Chan  352  ^^   ^'^^  ^*-*   incorporate   the  fitchburg   and   ashby   street 

RAILWAY   COMPANY. 


Fitchburg  and 
Aehby  Street 
Railway  Com- 
pany incorpo- 
rated. 


May  construct, 
etc.,  its  railway 
in  Fitchburg 
and  Ashby. 


Location. 


Motive  power, 
etc. 


May  acquire 
necessary  real 
estate,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Francis  W.  Wright,  Charles  O.  Green, 
Edwin  A.  Hubbard,  Alonzo  A.  Carr,  Albert  Wilder, 
William  O.  Loveland  and  Harry  F.  Bingham,  their  asso- 
ciates and  successors,  are  hereby  made  a  corporation  un- 
der the  name  of  the  Fitchburg  and  Ashby  Street  Railway 
Company,  with  all  the  powers  and  privileges  and  subject 
to  all  the  duties,  conditions  and  restrictions  set  forth  in 
all  general  laws  which  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  single  or  double  tracks, 
in  such  manner  as  may  be  necessary  and  convenient,  in 
part  upon  private  lands  acquired  by  purchase  or  lease, 
and  upon  streets,  highways  or  state  roads  in  the  city  of 
Fitchburg  and  the  town  of  Ashby,  subject  to  the  approval 
and  under  the  control  of  the  mayor  and  board  of  alder- 
men of  said  city,  and  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 
acquired  by  purchase  or  lease,  and,  with  the  consent  of 
the  mayor  and  board  of  aldermen  of  the  city  of  Fitchburg 
and  of  the  selectmen  of  the  town  of  Ashby,  may  erect 
such  poles  and  wires  in  the  streets  and  highways  as  may 
be  necessary  to  establish  and  maintain  such  motive  power. 
It  may  acfjuire  by  purchase  or  lease  all  necessary  real 
estate  and  water  power  for  its  power  stations  and  other 
uses  incidental  to  the  proper  maintenance  of  its  railway. 


Acts,  1898.  — Chap.  353.  301 

Section  4.     The   capital  stock  of  said  company  shall  ^''p"*' *'^°'''^- 
not  exceed  seventy  thousand  dollars  :  j)rovided,  that  said  P'o^iso. 
company    may  increase  its  capital  stock,  subject  to  the 
provisions  of  the  general  laws  relative  thereto. 

Section  5.  Said  company,  in  order  to  meet  expenses  May  issue 
incurred  under  this  act,  may  issue  bonds  not  exceeding  bTndffltc. 
the  amount  of  its  capital  stock,  and  payable  within  a 
period  not  exceeding  twenty  years  from  the  date  thereof, 
secured  by  mortgage  of  its  franchise  and  property,  sub- 
ject to  the  general  laws  relative  thereto,  and  in  such  mort- 
gage may  reserve  to  its  directors  the  right  to  sell  or 
otherwise  in  due  course  qf  Ijusiness  to  dispose  of  property 
included  therein  which  may  become  unsuitable  for  use, 
provided  an  equivalent  in  value  is  substituted  therefor. 

Section  6.     Said  company  may  act  as  a  common  car-  May  act  as  a 

/.  i/''ij_ii  ''  1  1  common  carrier 

rier  oi  parcels,  treight  and  baggage,  and  may  also  carry  of  parcels,  etc. 
the  United  States  mail :  provided,  that  it  shall  not  so  act  Provisos. 
in  the  city  of  Fitchburg  until  authorized  to  do  so  by  a 
two  thirds  vote  of  the  city  council,  or  in  the  town  of 
Ashby  until  authorized  to  do  so  by  a  two  thirds  vote  of 
the  voters  of  said  town  present  and  voting  thereon  at  an 
annual  or  special  meeting  held  for  the  purpose  ;  and  ])''''<^- 
vuled,  further,  that  said  company  shall,  in  the  carrying 
of  parcels,  be  subject  to  such  ordinances,  regulations  and 
by-laws  as  may  be  established  by  said  city  and  town  in 
relation  thereto  ;  and  shall  also  be  subject  to  the  provisions 
of  chapter  seventy-three  of  the  Public  Statutes  and  of  all 
laws  relating  to  common  carriers. 

Section  7.     The  authority  hereby  granted  shall  cease  Tobeinopera- 
if  the  proposed  road  is  not  constructed  and  put  in  opera-  Nove^mberi, 
tion  prior  to  the  first  day  of  November  in  the  year  nine-  ^^''°" 
teen  hundred. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Apijroved  Ajyvil  21,  1898. 

An  Act   to  extend  the  provisions  of  the  public  statutes  (J/ici7).353 

RELATING     TO     THE    TAXABLE   VALUATION    OF   VESSELS    ENGAGED 
IN   THE   FOREIGN   CARRYING   TRADE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  provisions  of  section  ten  of  chapter  Certain  pro- 
eleven  of  the  Public  Statutes,  as  amended  or  renewed  by  pubiic  statutes 
chapter  three  hundred  and  seventy-three  of  the  acts  of  the  «^t*^"'*ed. 
year  eighteen  hundred  and  eighty-seven,  chapter  two  huu- 


302  Acts,  1898.  — Chaps.  354,  355. 

drcd  and  eighty-six  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-nine,  chapter  one  hundred  and  sixteen  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-one,  and 
chai)ter  one  hundred  and  forty-nine  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three,  are  hereby  renewed 
and  extended  for  the  term  of  five  years. 

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

Approved  April  21,  1898. 

Ch(l)y.354:       ^^  '^^^  relative  to  the  funeral  expenses  of  paupers. 

Be  it  enacted,  etc.,  as  folloios: 
p.s.  84,  §17,  Section  seventeen  of  chapter  eiffhtv-four  of  the  Public 

etc.,  amendcu.  i      i     i  i  "^i      "        i  i        i  i 

Statutes,  as  amended  by  chapter  three  hundred  and  ten 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 
and  by  chapter  seventy-one  of  the  acts  of  the  year  eight- 
een hundred  and  ninety,  is  hereby  amended  by  striking 
out  the  whole  of  said  section  and  inserting  in  place  thereof 
bumfof  certain  ^^^  followiug  :  —  Sectioii  1 7.  The  overseers  of  the  poor 
paupers,  etc.  of  cacli  placc  shall  also  relieve,  support  and  emplo}'  all 
poor  persons  residing  or  found  therein,  having  no  lawful 
settlements  within  this  state,  until  their  removal  to  the 
state  almshouse,  and  in  case  of  their  decease  shall  decently 
bury  them  ;  they  shall  also  decently  bury  all  such  persons 
who  have  died  without  means  of  support,  but  without 
applying  for  pul)lic  relief  while  living,  and  all  unknown 
persons  found  dead ;  the  expense  whereof  may  be  re- 
covered of  their  kindred,  if  they  have  any  chargeable  by 
law  for  their  support,  in  the  manner  hereinl)efore  pro- 
vided;  and  if  in  case  of  their  burial  the  expense  thereof 
is  not  paid  by  such  kindred,  there  shall  be  paid  from  the 
treasury  of  the  Commonwealth  an  amount  not  exceeding 
fifteen  dollars  for  the  funeral  expenses  of  each  pauper  over 
twelve  years  of  age,  and  an  amount  not  exceeding  ten 
dollars  for  the  funeral  expenses  of  each  pauper  under  that 
age.  A2yjJroved  April  21,  1898. 

Cha7)'^55  ^^  ^^'^  '^^  change  the  time  of  the  sittings  of  the  superior 
court  for  the  county  of  franklin. 

Be  it  enacted,  etc.,  asfoUoics: 

Bu*pl"lor°cm.rt         SECTION  1.     The  sittings  of  the  superior  court  for  the 

for  Franklin       couutv  of  FraukUu,  HOW  rcquircd  to  be  held  on  the  third 

Monday  of  April  and  the  second  Mondays  of  July  and 

November,  shall  hereafter  be  held  on  the  second  Mondays 

of  March,  July  and  November  in  each  year. 


Acts,  1898.  —  Chaps.  356,  357.  303 

Section  2.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  July  in  the  year  eighteen  hundred  and  ninety-eight.  "  y  ^'  i  ^^• 

Approved  April  21,  1898. 


C7iap.356 


An  Act  to  pkovidr  for  the  reference  of  disputed  claims 

FOR   soldier's   relief   TO   THE   COMMISSIONERS   OF   STATE   AID. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In   cases    where  a   person    is  entitled  to  souuer's  relief^ 
soldier's  relief  from  a  city  or  town,  under  the  provisions  tC  certaiu°pei> 
of  chapter  four  hundred  and  forty-seven  of  the  acts  of  the  ^°°^* 
year  eighteen  hundred  and  ninety,  it  shall  be  the  duty  of 
the  mayor  and  aldermen  of  such  city,  or  of  the  selectmen 
of  such  town,  to  furnish  such  relief,  without  vote  of  the 
city  council  or  of  the  voters  of  such  town  authorizing  them 
thereto.     If  the  mavor  and  aldermen  or  the  selectmen  fail  Appeal  may 

•.  .  ,  "C  made  to 

to  turmsh  such  relief  any  person  aggrieved  may  appeal  commissioners 
from  the  action  of  such  municipal  authorities  to  the  com- 
missioners of  state  aid,  who  shall  thereupon  forthwith 
make  a  thorough  investigation  of  the  qualifications  and 
circumstances  of  the  applicant,  and  shall  determine  the 
amount  of  relief,  if  any,  to  be  given  to  said  applicant. 
Decisions  of  said  commissioners  shall  be  final,  except  that 
said  board  may  at  any  time  reverse  or  amend  its  decisions. 

Section  2.     Chapter  two  hundred  and  thirty-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. 

Api^oved  April  21,  1898. 


ChapMl 


An  Act  relative  to  the  boundary  line  between  the  towns 
OF  gay  head  and  chilmark. 

Be  it  enacted,  etc.,  as  JbUoics: 

Section  1.     For  the  purpose  of  carrying  out  the  pro-  Marking  the 
visions  of  section  two  of  chapter  three  hundred  and  twenty-  bet"^een^Gay^ 
three    of    the    acts    of    the   year   eighteen    hundred   and  ma?k.^°'^  *^^"' 
ninet^'-seven,  for  marking  the  boundary  line  between  the 
towns  of  Gay  Head  and  Chilmark  by  building  a  suitable 
])rotection  to  the  banks   on   each  side  of  the  new  outlet 
from  INIenamsha  pond  to  Vineyard  Sound,  the  board  of 
harbor  and  land  commissioners  is  hereby  authorized  to 
expend  a  sum  not  exceeding  two  thousand  dollars  in  addi- 
tion to  the  amount  authorized  by  said  section  two. 

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

Approved  April  21,  1898. 


304 


Acts,  1898.  — Chaps.  358,  359. 


(7Aap.358 


Justice  of  third 
district  court 
of  eastern 
Middlesex 


An  Act  to  establish  the  salary  of  the  justice  ok  the  third 
district  court  of  eastern  middlesex. 

Be  it  enacted^  etc.,  as  follows  : 

Section  1.  The  salary  of  the  justice  of  the  third  dis- 
trict court  of  eastern  Middlesex  shall  be  twenty-seven 
hundred  dollars  a  year,  to  l)e  so  allowed  from  the  first 
day  of  eTanuary  in  the  year  eighteen  hundred  and  ninety- 
eight. 

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

Apjyroved  April  21,  189S. 


Ckap,359 


Staff  of 

commander-in- 
chief. 


Quartermaster 
general,  etc. 


Additional  staff 
officers  may  be 
appointed. 


Term  of  office. 


Not  to  apply  to 
present  mem- 
bers of  staff,  etc. 


Not  to  repeal 
certain  provi- 
sions of  law. 


An  Act  relatfv'e  to  the  staff  of  the  commander-in-chief. 
Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  staff  of  the  commander-in-chief  shall 
consist  of  an  adjutant  general,  who  shall,  ex  officio,  be 
chief  of  staff,  a  surgeon  general  and  an  inspector  general, 
each  with  the  rank  of  brigadier  general ;  a  quartermaster 
general,  a  commissary  general,  a  judge-advocate  general 
and  an  inspector  general  of  rifle  practice,  each  with  the 
rank  of  colonel ;  an  assistant  adjutant  general  and  six  as- 
sistant inspectors  general,  each  with  the  rank  of  lieutenant 
colonel ;  an  assistant  quartermaster  general  and  four  aides- 
de-camp,  each  with  the  rank  of  major. 

Section  2.  In  time  of  peace  the  adjutant  general,  un- 
less otherwise  directed  by  the  commander-in-chief,  shall 
be  quartermaster  general  and  commissary  general. 

Section  3.  In  time  of  war  the  commander-in-chief 
may  appoint  such  additional  staff  officers  as  the  service 
may  require,  with  such  rank,  not  higher  than  that  of 
colonel,  as  the  commander-in-chief  may  designate. 

Section  4.  All  staff"  officers  shall  be  commissioned 
and  hold  office  until  their  successors  are  appointed  and 
qualified,  but  they  may  be  removed  at  any  time  by  the 
commander-in-chief. 

Section  5.  The  provisions  of  this  act  shall  not  apply 
to  the  present  members  of  the  staff'  of  the  present  com- 
mander-in-chief, but  shall  apply  to  all  staff'  officers  here- 
after api)ointed  by  the  commander-in-chief. 

Section  6.  Nothing  herein  shall  be  interpreted  as 
repealing  section  one  of  chapter  four  hundred  and  sixty- 
five  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
five,  as  amended  by  section  two  of  chapter  four  hundred 


Acts,  1898.  —  Chaps.  360,  301,  362.  305 

aud  Ibrtv-eio-ht  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven. 

Sectiox  7.     All  acts    and   parts    of  acts  inconsistent  Repeal, 
herewith  are  hereby  repealed. 

Approved  April  21,  1898. 

An  Act  making  an  appropriation  for  current  expenses  at  (^Jfrij^  QgQ 

THE     MASSACHUSETTS     HOSPITAL     FOR     DIPSOMANIACS     AND     INE-  ^ 

BRIATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sum  of  twenty-five  thousand  dollars  Massachusetts 
is  herel)y  ai)propriated,  to  be  paid  out  of  the  treasury  of  dfplomani'a'cB 
the  Commonwealth  fro"m   the    ordinary  revenue,  to   pay  and  mebnates. 
necessary  expenses,  in  excess  of  any  receipts,  at  the  Mas- 
sachusetts hospital  for  dipsomaniacs  and  inebriates,  during 
the  year  ending  on  the  thirty-first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-eight. 

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

Approved  April  21,  1898. 

An  Act  to  require  cities  and  towns  to  pay  interest  on  ar-  f^hnj)  3^1 

REARS   of   sums   DUE   TO    THE    COMMONWEALTH    ON    ACCOUNT    OF 
LIQUOR   LICENSES. 

Be  it  enacted,  etc.,  asfoUovss: 

Section  1 .     Treasurers  of  cities  and  towns  neglecting  Treasurers  of 

,  lii  J.  1  J.  'iiij.        cities  and  towns 

to  make  the  returns  and  payments  required  by  chapter  to  pay  interest 
two  hundred  and  thirty-three  of  the  acts  of  the  year  eight-  n°e|i''e?t'to  make 
een  hundred  and  ninety-seven,  in  accordance  with  the  pro-  certain  returns, 
visions  of  said  chapter,  shall  pay  interest  at  the  rate  of 
six  per  cent,  per  annum  on  the  amounts  of  such  payments 
from  the  time  they  become  due  until  the  same  are  paid. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ajiirroved  April  22,  1898. 

An  Act  to  establish  the  salary  of  the  justice  of  the  police  Q7i(in,SQ2i 

COURT   of  NEWTON. 

Bf;  it  enacted,  etc.,  as  foUoivs  : 

Section  1.     The   salary  of  the  justice   of  the   police  justice  of  police 
court   of  Newton    shall   be   eighteen   hundred   dollars    a  <=°"''*>  ^<''*'*°°- 
year,  to  be  so  allowed  from  the  first  day  of  January  in 
the  year  eighteen  hundred  and  ninety-eight. 

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

Ajyproved  April  22,  1898. 


306 


Acts,  1898.  — Chaps.  363,  364. 


C'Aa7?.363   ^^    ■^^'^    '^'^    LEGALIZE    THE    PKOCEEDINGS    OF   THE   ANNUAL   TOWN 
MEETING   OF   THE   TOWN   OF   SHUEWSBUKY. 


Proceedings  of 
town  meeting; 
of  Shrewsbury 
leiralized. 


Be  it  enacted,  etc.,  asfoUoios: 

Section  1.  The  proceedings  of  the  annual  town  meet- 
ing of  the  town  of  Shrewsbury  held  on  the  seventh  day 
of  Marcli  in  the  year  eighteen  hundred  and  ninety-eight, 
and  continued  by  adjournment  on  the  fifteenth  day  of  said 
March,  shall  not  be  invalid  by  reason  of  the  omission  of 
the  constable  to  attest  the  copy  of  the  warrant  posted  by 
him  calling  said  meeting. 

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

Approved  April  22,  1898. 


Chap 


Marlborough 
Sewer  Loan, 
1898. 


Certain  pro- 
visions of  law 
to  apply. 


.364  ^  -'^CT  TO  AUTHORIZE  THE  CITY  OF  MARLBOROUGH  TO  INCUR  IN- 
DEBTEDNESS FOR  SEWERAGE  PURPOSES  BEYOND  THE  LIMIT  FIXED 
BY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Marlborough,  for  the  purpose 
of  extending  its  system  of  sewerage  in  the  lake  Williams 
drainage  area  and  Beach  street  in  said  city,  may  incur  in- 
debtedness to  an  amount  not  exceeding  twenty  thousand 
dollars  in  addition  to  the  amounts  heretofore  authorized 
by  law  for  sewerage  purposes,  and  ])eyond  the  limit  of 
indebtedness  fixed  by  law  for  said  city ;  and  may  from 
time  to  time  issue  bonds,  notes  or  scrip  to  the  amount 
of  such  indebtedness,  denominated  on  the  face  thereof, 
Marlborough  Sewer  Loan,  1898,  signed  by  its  city  treas- 
urer and  countersigned  by  its  mayor,  payable  within  thirty 
years  from  the  date  thereof,  and  bearing  such  rate  of  in- 
terest, not  exceeding  five  per  cent,  per  annum,  as  the  city 
council  may  determine.  The  sinking  fund  of  any  loan 
of  the  city  may  be  invested  in  said  securities.  Any  sur- 
plus over  the  amount  required  i'or  said  purpose  may  be 
expended  for  sewer  construction  or  maintenance. 

Section  2.  The  provisions  of  chapter  twenty-nine 
of  the  Public  Statutes  and  acts  in  amendment  thereof 
and  in  addition  thereto,  except  as  otherwise  provided  in 
this  act  and  in  cha{)ter  two  hundred  and  forty-five  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-six,  shall 
apply  to  the  indebtedness  authorized  by  this  act  and  the 
securities  issued  hereunder. 


Acts,  1898.  — Chap.  3G5.  307 

Section  3.     Xo  sewers  or  other  works  shall  be  con-  nans  to  bo 
structcd  under  the  authority  of  this  act  until  the  plans  sfa^rboard^of 
have  I)een  ai)proved  by  the  state  board  of  health.  health. 

Section  4.     This  act  shall  take  etl'ect  upon  its  passage. 

Approved  April  22,  1898. 


Chap,S65 


An  Act  relative  to  employing  prisoners  in  preparing  road 
material  by  hand  labor. 

Be  it  enactea,  etc.,  as  follows: 

Section  1 .    The  general  superintendent  of  prisons  may  Prisoners  in 
cause  the  prisoners  in  any  jail  or  house  of  correction  to  b"  empi'cly^' m 
be  employed  within  the  precincts  of  the  prison  in  prepar-  ^^''ftetSfor 
ing  material  for  road  making ;  but  no  machine  operated  ^°'^'^  maiiing. 
otherwise  than  by  hand  or  foot  power  shall  be  used  in 
connection  with  such  employment. 

Section  2.     Upon  the  request  of  said  general  superin-  Massachusetts 
tendent  the  JVIassachusetts  highway  commission  shall  give  mf8^ion^to°gTve 
to  him  such  information  and  instructions  as  will  enable  instrtictions. 
him  to  direct  said  employment  in  a  manner  that  will  fur- 
nish material  suitable  and  proper  for  road  building. 

Section  3.     Any  material  prepared  as  herein  author- Material  to  be 
ized  may  be  sold  to  county  commissioners  or  to  city  and  ^°^'^' 
town  officers  having  the  care  of  public  roads  ;  and  all  said 
material  not  thus  sold  shall  be  purchased  by  said  Massa- 
chusetts highway  commission,  at  such  price  as  they  shall 
decide  to  be  fair  and  reasonable,  for  use  on  state  high- 
ways :  provided,  however,  that  the  general  superintendent  Proviso. 
of  prisons  may  cause  any  of  said  prisoners  to  be  employed 
upon  material  furnished  by  said  highway  commission,  who 
shall  then  pay  for  the  labor  of  preparation  such  price  as 
may  be  agreed  upon  by  said  superintendent  and  said  com- 
mission. 

Section  4.  The  expenses  of  employing  prisoners  under  Payment  of 
this  act  shall  be  paid  from  the  county  treasury,  in  the  same  ^^p®'^^®®- ® '*• 
manner  as  expenses  of  maintaining  industries  in  the  jails 
and  houses  of  correction  are  now  paid.  Payment  for  mate- 
rial sold  or  for  labor  performed  hereunder  shall  be  made  to 
the  princi[)al  officer  of  the  prison  where  the  material  is 
prepared :  and  all  moneys  received  under  this  act  shall 
be  paid  into  the  county  treasury  in  the  manner  now  pro- 
vided by  law  in  respect  to  other  receipts  from  the  labor 
of  prisoners. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  22, 1898. 


308  Acts,  1898.  —  Chaps.  366,  367,  368. 


OAcZp.366  ""^^^    ^CT    RELATIVE    TO    THE    ANNUAL    REPORTS    OF    STATE    BOARDS 
AND   COMMISSIONS   CHARGED   "WITH   THE   EXPENDITURE   OF  MONEY. 

Be  it  enacted,  etc.,  as  follows  : 
Annuaireport        Section  1.    Everv  state  boai'd  and  commission  char<>:ed 

to  luclude  ati  -ii     ji  t  />  i      n     •       •  i  i_ 

itemized  With  the  expenditure  or  money  shall,  in  its  annual  report, 

moneys  due,      givc  a  detailed  and  itemized  account  of  all  moneys  due 
^''^'  from  such  board  or  commission  and  unpaid  at  the  time 

of  making  said  report,  and  shall  include  in  said  account 
a  detailed  and  itemized  statement  of  all  claims  against  the 
board  or  commission  making  the  report,  said  statement 
to  give  the  name  of  the  claimant,  the  nature  of  the  claim, 
and  the  amount  claimed. 

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

Approved  April  22,  1898. 


Chap.367 


An  Act  to  authorize  the  granting  of  half  holidays  to  pub- 
lic EMPLOYEES. 

Be  it  enacted,  etc.,  as  folloios : 
Half  holidays         SECTION  1.     The  city  council  of  a  city  and  the  board 
cities  and  of  Selectmen  of  a  town  may,  in  their  discretion,  provide 

that  the  employees  of  such  city  or  town  shall  be  allowed 
-  one  half  holiday  in  each  week,  without  loss  of  pay,  during 
such  portions  of  the  year  as  said  city  council  or  select- 
men may  determine. 
Half  holidays         SECTION  2 .     The  hcads  of  departments  of  the  Common- 
commonweaith  Wealth  shall  havc  the  same  poV\'er  in  respect  to  granting  a 
and  countj .       j^^^j..  jj^jj^jy^y  (-q  persoHS  employed  in  their  respective  depart- 
ments which  is  conferred  by  this  act  upon  city  councils  and 
selectmen ;  and  the  county  commissioners  of  each  county 
shall  have  the  same  power  in  respect  to  county  employees. 
Term  "employ.      Section  3.     The  term  "employees",  as  used  in  this 
act,  shall  include  laborers,  mechanics,  and  all  other  classes 
of  workmen. 

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

Approved  April  22,  1898. 

(JJiap.'dQS  ^^  ^^'^  ^*^  INCORPORATE  THE  ROMAN  CATHOLIC  BISHOP  OF  SPRING- 
FIELD AND  HIS  SUCCESSORS  A  CORPORATION  SOLE,  TO  HOLD  AND 
MANAGE  CERTAIN  PROPERTY  FOR  RELIGIOUS  AND  CHARITABLE 
PURPOSES. 

Be  it  enacted,  etc.,  as  folloivs : 
^o|«jjn  Catholic      SECTION  1.     The  prcscut    Roman  Catholic  bishop  of 
Springfield        the  dioccsc  of  Springfield  and  his  successors  in  office  shall 
incorporate  .     ^^  ^^^^  ^^^  hereby  made  a  body  politic  and  corporation 


Acts,  1898.  — Ch.\p.  368.  309 

sole,  under  the  name  of  the  Eoman  Catholic  Bishop  of 
Sprinijticld,  and  by  that  name  the  said  bishop  and  his  suc- 
cessors in  office  shall  be  known,  and  shall  hereafter  have 
succession,  with  all  the  powers,  rights  and  privileges  pre- 
scribed, and  subject  to  all  the  liabilities  and  limitations 
imposed  l)y  the  Public  Statutes.  In  the  event  of  a  vacancy  vacancy. 
in  the  office  of  bishop,  owing  to  the  decease  of  an  incum- 
bent, or  should  any  bishop  in  said  office  be  or  become  in- 
capacitated from  performing  his  duties  therein,  then  the 
person  regularly  appointed  administrator  of  said  diocese 
shall,  while  his  appointment  as  such  administrator  con- 
tinues, have  the  same  powers  as  are  by  this  act  conferred 
upon  the  Roman  Catholic  bishop  of  said  diocese ;  but  no 
person  shall  succeed  to,  or  have,  enjoy  or  administer  any 
of  the  rights,  privileges,  powers  or  franchises  herein 
granted  or  provided  for,  who  is  not  a  citizen  of  the  United 
States  of  America. 

Section  2.  Said  corporation  shall  be  empowered  to  May  take  and 
receive,  take  and  hold,  by  sale,  gift, -lease,  devise  or  other-  person^ai  e^'s'tate 
wise,  real  and  personal  estate  of  every  description,  for  p°Jggg''etJ."P"'^' 
religious,  charitable  and  burial  purposes,  and  to  manage 
and  dispose  of  the  same  for  the  religious  and  charitable 
purposes  of  the  Roman  Catholic  church,  subject  to  the 
laws  of  the  Commonwealth  and  to  the  terms  of  any  trust 
set  forth  in  any  bequest,  devise,  deed  or  conveyance  of 
any  such  estate,  or  which  may  now  exist  or  result  by  im- 
plication or  force  of  law,  with  such  limitations  as  may  by 
law  govern  any  such  trust,  with  full  powder,  subject  to  the 
laws  of  the  Commonwealth  and  to  the  terms  of  such  trusts, 
to  convey  the  said  estate  by  deed  of  mortgage  for  the 
payment  of  money  as  well  as  by  deed  absolute :  pivvided,  Proviso. 
that  no  bequest,  devise,  gift  or  transfer  inter  vivos  in- 
tended to  take  effect  after  death,  made  to  such  corpora- 
tion in  trust,  for  any  use  or  purpose,  shall  be  exempt 
from  liability  to  collateral  inheritance  tax  under  the  laws 
of  this  Commonwealth,  unless  such  bequest,  devise,  gift 
or  transfer  would  be  so  exempt  if  made  to  the  said  bishop 
as  an  individual  and  not  a  corporation  upon  the  said  trust. 

Section  3.     The    present  Roman    Catholic  bishop   of  |f|J«^f°y  ^® 
Springfield  shall,  within  six  months  after  the  passage  of  secretary  of  the 
this  act,  make,  sign  and  swear  to  a  statement  which  he  etc. 
shall  submit  to  the  commissioner  of  corporations,  setting 
forth   that  he  lawfully  and  regularly  holds  the  office  of 
Roman  Catholic  Inshop  of  Springfield,  and  that  he  accepts 
the  provisions  of  this  act  and  will  duly  conform  to  them. 


310  Acts,  1898.  — Chap.  3G8. 

|tatenient  to  be  jf  jt  appeal's  that  the  statement  has  been  duly  made, 
secretary  of  the  signed  and  swom  to,  the  commissioner  shall  certify  that 
^ommonweat  ,  ^^^^  ^^^^  j^.^  approval  of  the  statement  by  his  endorsement 
thereon.  Such  statement  shall  thereupon  be  filed  by  the 
person  making  the  same,  in  the  office  of  the  secretary  of 
the  Commonwealth,  who  shall  cause  the  statement,  with 
the  endorsement  thereon,  to  be  recorded,  and  shall  there- 
upon issue  a  certificate  to  the  person  making  the  statement, 
reciting  this  act,  the  substance  of  the  statement  aforesaid, 
and  that  said  -lioman  Catholic  bishop  of  Springfield  and 
his  successors  are  legally  established  as  and  are  made  an 
existing  corporation,  under  the  name  of  the  Roman  Catholic 
Bishop  of  Springfield,  with  the  powers,  rights  and  privi- 
leges, and  subject  to  the  limitations,  duties  and  restric- 
tions which  by  law  appertain  thereto.  The  secretary  shall 
sign  the  same  and  cause  the  seal  of  the  Commonwealth  to 
be  thereto  affixed,  and  such  certificate  shall  be  conclusive 
evidence  of  the  existence  of  such  corporation.  He  shall 
also  cause  a  record  of.  such  certificate  to  be  made,  and  a 
certified  copy  of  such  record  may  be  given  in  evidence, 
with  like  effect  as  the  original  certificate. 
ki^^heoflicror  Section  4.  Every  successor  in  the  office  of  bishop  of 
bishop  of  Springfield,  and  every  person  duly  appointed  to  administer 

etc.,  to  file'  the  office  for  any  cause,  shall  forthwith  make,  sign  and 
slcrXI-y  oTthe  swcar  to  a  statement,  which  he  shall  immediately  file  in 
Commonwealth.  ^^^  ^^^^  ^f  ^^^  Secretary  of  the  Commonwealth,  setting 
forth  that  he  is  a  citizen  of  the  United  States,  that  at  the 
time  of  making  such  statement  he  lawfully  and  regularly 
held  the  office  of  bishop  of  Springfield,  or  the  office  of 
administrator  of  the  diocese  thereof,  as  the  case  may  be, 
and  that  he  has  accepted  said  office  and  commenced  the 
duties  thereof;  and,  in  addition  thereto,  he  shall  submit 
to  the  secretary  of  the  Commonwealth  his  letter  of  appoint- 
ment in  evidence  of  his  being  bishop. 
d^evises^'^et"?'  SECTION  5.  All  gifts,  grants,  deeds  and  conveyances, 
and  also  all  devises  and  bequests  heretofore  made,  of 
property  within  this  Commonwealth,  to  every  person  who 
held  the  office  of  Koman  Catholic  bishop  of  Springfield, 
in  which  the  addition  of  bishop  of  Springfield,  or  Catholic 
bishop  of  Springfield,  or  Roman  Catholic  bishop  of  Spring- 
field, may  have  been  used  or  made  in  the  instrument  giv- 
ing or  disposing  of  property  to  the  grantee,  devisee  or 
legatee,  shall  be  construed,  unless  the  contrary  clearly 
appears  from  the  instrument,  when  the  terms  of  it  and  the 


Acts,  1898.  — Chaps.  369,  370.  311 

limitations  thereof  shall  prevail,  as  conveying,  giving, 
granting,  devising  or  l)cqiieathing  the  property  in  such  in- 
strument mentioned  to  such  person  as  was  Roman  Catholic 
bishop  of  Springtield,  and  that  the  titles  passing  respec- 
tively by  such  instruments  and  now  held  by  the  present 
Koman  Catholic  bishop  of  Springfield  shall  be  and  the 
same  are  hereby  vested  in  the  corporation  established  by 
this  act,  subject  to  any  trust  expressed  in  any  said  instru- 
ment, and  to  any  limitations  governing  said  trust. 

Section  G.    The  corporation  shall  be  subject  to  all  laws  to  be  subject 
of  this  Commonwealth  regulating  corporations  established  *°  '^^^^'^^^  ^^^*- 
for  religious  and  charital)le  purposes,  requiring  them  to 
make  annual  and  other  returns  to  the  commissioner  of 
corporations  concerning  their  condition  and  aflairs. 

Sectiox  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  22,  1898. 

An  Act    to  establish  the  office  of  clekk  of  the  first  dis-  f^Jjfjq-^  ^RQ 

TRICT  COURT   OF   SOUTHERN   WORCESTER.  "^ 

Be  it  enacted,  etc.,  asfolloius: 

Section  1.     There  shall  be  a  clerk  of  the  first  district  9-'%^^°^^''^/^ 
court  of  southern  "Worcester,  who  shall  receive  a  salary  of  southern 
of  five  hundred  dollars  a  year,  to  be  so  allowed  from  the     "'^'^^^  ^'^' 
first  day  of  June  in  the  year  eighteen  hundred  and  ninety- 
eight. 

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

Approved  April  22,  1898. 

An   Act   relative   to   the   exemption   of   the    property   of  nJirrj)  370 

WIDOWS   OF   soldiers   OR   SAILORS   FROM   TAXATION. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  Section  one  of  chapter  one  hundred  and  ^^^Jided^^' 
forty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-seven  is  hereby  amended  by  striking  out  the  words 
•'  exclusive  of  property  otherwise  exempted  under  the  pro- 
visions of  law  ",  in  the  sixth  and  seventh  lines,  and  insert- 
ing in  place  thereof  the  words :  —  and  provided  further 
that  only  two  thousand  dollars  shall  be  exempted  to  any 
one  family,  and  that  the  combined  property  of  the  family 
does  not  amount  to  over  five  thousand  dollars,  —  by  in- 
serting after  the  word  "wives",  in  the  twenty-first  line, 
the  words  :  —  or  widows, — so  as  to  read  as  follows:  — 


312 


Acts,  1898.  — Chap.  371. 


Certain  prop- 
erty of  disabled 
goldiers  and 
Bailors,  etc., 
exempt  from 
taxation. 


Section  1.  The  property  of  the  following  classes  of  per- 
sons shall  be  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  five  thousand  dollars  ; 
and  provided  further  that  only  two  thousand  dollars  shall 
be  exempted  to  any  one  family,  and  that  the  combined 
property  of  the  family  does  not  amount  to  over  five  thou- 
sand dollars.  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  honorablj"  discharged 
therefrom,  and  who,  by  reason  of  injury  received  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  previously  lost,  or  who 
lost  one  or  both  feet,  or  one  or  both  hands.  Second. 
Soldiers  and  sailors  who  served  as  aforesaid  and  were 
honorably  discharged  as  aforesaid,  and  who,  as  the  result 
of  disabilities  contracted  while  in  such  service  and  in  the 
line  of  duty,  have  become  permanently  incapacitated  for 
the  performance  of  manual  labor  to  an  extent  equivalent, 
in  the  judgment  of  the  assessors,  to  the  loss  of  a  hand  or 
foot.  Third.  Wives  or  widows  of  soldiers  or  sailors  who 
would  be  entitled  to  exemption  under  either  of  the  two 
preceding  paragraphs. 

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

Approved  April  23,  1898. 


Chap.S71 


1895,  504, §  2, 
amended. 


Permit  to  be  at 
liberty  may 
isBue  to  certain 
convicts. 


An  Act  relative  to  sentences  to  the  state  prison. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  two  of  chapter  five  hundred  and  four  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-five  is 
hereby  amended  by  striking  out  the  whole  of  said  sec- 
tion and  inserting  in  place  thereof  the  following  :  —  Sec- 
tion 2.  Any  convict  sentenced  as  aforesaid  whose  record 
of  conduct  shows  that  he  has  faithfully  observed  all  the 
rules  of  said  prison  and  has  not  been  subjected  to  punish- 
ment shall  be  entitled  to  release  from  said  prison  upon  the 
expiration  of  the  minimum  term  of  his  sentence ;  and  he 
shall  then  be  given  a  permit  to  be  at  liberty  therefrom 
during  the  unexpired  portion  of  the  maximum  term  of 
his  sentence.  Said  permit  shall  be  issued  by  the  commis- 
sioners   of  prisons  upon   such  terms  and  conditions   as 


Acts,  1898.  — Chaps.  372,  373.  313 

they  shall  establish.  Any  convict  whose  record  of  con-  Permit  to  be 
duct  shows  that  he  has  violated  the  rules  of  said  prison  fsVueToceXTn 
may  be  given  a  like  permit  at  such  time  as  the  said  com-  °o°^i<='^^- 
missioners  shall  determine,  after  the  expiration  of  the 
minimum  term  of  his  sentence.  The  said  commissioners 
may  revoke  any  permit  given  in  accordance  with  this  sec- 
tion at  any  time  before  the  expiration  of  the  maximum 
term  for  which  it  was  issued ;  and  they  shall  revoke  it 
when  they  have  knowledge  that  the  person  to  whom  it 
was  granted  has  been  convicted  of  any  offence  punishable 
by  imprisonment.  If  the  holder  of  a  permit  issued  as 
aforesaid  violates  any  of  its  terms  or  conditions,  or  vio- 
lates any  law  of  the  Commonwealth  before  the  expiration 
of  said  maximum  term  and  is  convicted  thereof  either 
before  or  after  said  expiration,  such  permit  shall  thereby 
become  void.  Approved  April  25,  1898. 

An  Act  to  establish  the  salary  of  the  justice  of  the  police  /^^^^  Q70 

COURT   OF   SPRINGFIELD.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   salary  of  the  justice  of  the   police  justice  of  police 
court  of  Springfield  shall  be  two  thousand  five  hundred  fiew!°^^^™^" 
dollars  a  year,  to  be  so  allowed  from  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  April  26,  1898. 

An  Act  to  authorize  the  town  of  conway  to  refund  a  por-  /^^/y^  Q7Q 

TION   OP  ITS   indebtedness.  ^' 

Be  it  enacted,  etc. ,  as  follows : 

Section   1.     The   town  of  Conway,  for  the   purpose  May  issue 
of  refunding  a  portion  of  its  existing  indebtedness,  may  ^°j;''»  ^^  °°^««' 
issue  bonds  or  notes  to  an  amount  not  exceeding  sixteen 
thousand  dollars,  payable  within  a  period  not  exceeding 
ten  years  from  the  date  of  issue,  and  bearing  interest,  pay- 
able semi-annually,  at  a  rate  not  exceeding  four  per  cent, 
per  annum.     Such  bonds  may  be  sold  at  public  or  private 
sale,  and  the  proceeds  shall  be  used  to  discharge  an  equal 
amount  of  the  existing  indebtedness  of  said  town.     The  p. s. 29, etc., 
provisions  of  chapter  twenty-nine  of  the  Public  Statutes  *^"PP'y- 
and  of  all  acts  in  amendment  thereof  and   in   addition 
thereto  shall,   so  far  as  applicable  and  not  inconsistent 


3M 


Acts,  1898.  —  Chaps.  374,  375. 


with  the  provisions  of  this  act,  apply  to  tlie  indebtedness 
authorized  by  this  act  and  to  the  securities  issued  here- 
under. 

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

Approved  April  26^  1898. 


Chci7).S74:  -^^    '^^^'^    KELATIVE     TO   THE   GIVING   OF    TESTIMONY     liY    WITNESSES 

BEFORE   SPECIAL   TRIBUNALS. 


Witnesses  may 
be  compelled  to 
give  testimony 
before  special 
tribunals. 


Be  it  enacted.,  etc.,  a.t  folloivs : 

Any  justice  of  the  supreme  judicial  court  or  of  the 
superior  court,  upon  the  application  of  any  magistrate 
or  tribunal  having  authority  to  summon  and  compel  the 
attendance  of  witnesses  may,  in  his  discretion,  compel  the 
giving  of  testimony  by  such  witnesses  before  any  such 
magistrate  or  tribunal,  in  the  same  manner  and  to  the 
same  extent  as  before  said  courts. 

Approved  April  26,  1898. 


Ch(lV'S'75   -^^   -^^^"^    '^^    AUTHORIZE    THE    CHESHIRE    WATER    COMPANY    TO    IN- 
CREASE  ITS   AVATER   SUPPLY'. 


May  take  cer- 
tain waters, 
lands,  etc. 


Provieo. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  increasing  the  supply 
of  water  for  the  inhabitants  of  the  town  of  Cheshire  the 
Cheshire  Water  Company  may  take  the  waters  of  Kitchen 
brook,  so-called,  in  the  town  of  Cheshire,  and  all  its  trib- 
utary streams  and  springs,  and  may  from  time  to  time 
build  and  maintain  all  necessary  dams,  reservoirs  and  all 
other  suitable  and  necessary  works,  and  may  take  and 
hold  such  lands  along  the  banks  of  said  brook  and  its 
tributaries,  and  around  the  margin  of  said  springs,  as 
may  be  necessary  for  the  building  and  maintaining  of  its 
works  and  for  the  preservation  of  the  purity  of  the  waters 
therein.  Said  Cheshire  Water  Company  may  also  from 
time  to  time  take  and  hold  such  other  lands  in  the  town 
of  Cheshire  as  may  be  necessary  for  the  purposes  of  this 
act:  provided,  however,  that  no  lands,  water  or  water 
rights  shall  be  taken  or  entered  upon,  except  for  the  pur- 
poses of  survey,  until  all  damages  are  paid  or  satistied, 
or  until  security  is  given  to  the  satisfaction  of  the  county 
commissioners,  for  the  payment  of  all  damages  that  may 
thereafter  be  agreed  upon,  or  that  may  l)e  awarded  to 
the  owner  or  owners  of  the  property  so  taken. 


Acts,  1898.  — Chaps.  376,  377,  378.  315 

Section  2.     Said  corporation  shall  within  sixty  days  Description  of 
after  taking  any  land  under  this  act,  otherwise  than  by  corded. 
purchase,  tile  in  the  registry  of  deeds  for  the  northern 
district  of  Berkshire  a  description  of  the  land  so  taken, 
sufficiently  accurate  for  identification,  with  a  statement 
of  the  purpose  for  which  the  same   was  taken,  and  the 
title  of  all  land  so  taken  shall  vest  in  said  corporation. 
Any  person  injured  in  his  property  by  any  act  of  said  Damages. 
corporation,  who  fails  to  agree  with  said  corporation  as 
to  the  amount  of  damages  which   he   has    sustained   by 
reason  of  such  taking,  may  have  such  damages  assessed 
and  determined  in  the  manner  provided  by  law  when  land 
is  taken  for  highw^ays. 

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

Approved  April  26,  1898. 

Ax  Act  to  establish  the  salary  of  the  assistant  clerk  of  QJi(xn,27G 

COURTS   FOR   the   COUNTY   OF   BRISTOL. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The  salary  of  the  assistant  clerk  of  courts  Assistant  cierk 
for  the  county  of  Bristol,  including  his  travelling  expenses,  BriTtoi  county. 
shall  be  eighteen  hundred  dollars  a  year,  to  be  so  allowed 
from  the  first  day  of  January  in  the  year  eighteen  hundred 
and  ninety-eight. 

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

Approved  April  26,  1898. 

An  Act  to  authorize  the  to"\vn  of  nantucket  to  appropriate  (JJidn.^^l 

MONEY   for   certain   PUBLIC   PURPOSES. 

JBe  it  enacted,  etc.,  as  folloios : 

Section  1.     The  town  of  Nantucket  may,  at  any  town  May  appro- 
meeting  called  for  the  purpose,  appropriate  not  exceeding  Fo^cerSi'np^r- 
one  thousand  dollars  annually  for  the  purpose  of  advertis-  p°*®*' 
ing  the  advantages  of  the  town,  and  for  providing  amuse- 
ments or  entertainments  of  a  public  character. 

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

Approved  April  26,  1898. 


Chap.S78 


An  Act  to  provide  for  the  examination  of  voting  and  count- 
ing MACHINES,  AND   FOR  THE  USE   OF  THE   SAME. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  secretarv,  the  treasurer  and  the  auditor  secretary, 
of  the  Commonwealth,  shall  hereafter,  in  addition  to  the  auXorTo^"*^ 


316  Acts,  1898.  —  Chap.  378. 

examine  voting  (|uties  HOW  imposed  upon   them   by  law  with  regard  to 

machines,  etc.      .     ■,■,        ■,  .  •  -,  .  ■,  . '^ 

ballot  boxes,  examine  votmg  and  countmg  machines  and 
apparatus. 
timfra'^ncT'°°         Section  2.     An   examination   of  voting  and  counting 
conditions  of      machiues  or  apparatus  shall  be  made  by  said  officials  at 
etc.  '      such  times,  under  such  conditions  and  after  such  public 

notice  as  they  shall  determine,  and  they  shall  certify  their 
approval  of  such  machines  as,  in  their  judgment,  furnish 
convenient,  simple  and  satisfactory  means  of  voting  and 
of  ascertaining  the  true  result  thereof  with  facility  and 
accuracy,  special  regard  being  had  to  the  prevention  and 
detecting  of  douI)le  voting ;  but  no  machine  shall  be  ap- 
proved which  does  not  secure  to  the  voter  a  degree  of 
secrecy  in  voting  equal  to  that  afforded  by  the  use  of  the 
official  ballot  as  provided  by  law.  No  machine  except 
such  as  is  approved  in  accordance  with  the  provisions  of 
this  section  shall  be  used  at  any  election  or  caucus  in  this 
Commonwealth  ;  nor  shall  any  such  machines  be  used  ex- 
cept in  accordance  with  the  provisions  of  this  act. 
may  pifrchare°*  SECTION  3.  Any  city  or  town  may,  by  a  majority  vote 
approved  voting  of  the  Icfi^al  votcrs  tlicrcof  present  and  votins;  thereon  at  a 

machines,  etc.  ~.         iii  i,  n  i/. 

legal  meeting  held  not  less  than  ten  da^'s  beiore  the  an- 
nual city  election  in  a  city  and  the  annual  town  meeting 
in  a  town,  determine  upon,  purchase  and  order  the  use  of 
one  or  more  voting  and  counting  machines,  approved  as 
provided  in  the  preceding  section,  at  elections  of  state, 
city  or  town  officers  in  said  city  or  town  ;  and  thereafter 
at  all  elections  of  state,  city  or  town  officers  in  said  city 
or  town,  until  otherwise  ordered  by  the  board  of  alder- 
men in  a  city  and  the  board  of  selectmen  in  a  town,  said 
machines  shall  be  used  for  the  purpose  of  voting  for  the 
officers  to  be  elected  at  such  elections  and  for  taking  the 
vote  upon  the  question  of  granting  licenses  for  the  sale  of 
intoxicating  liquors,  and  shall  also  be  used  at  caucuses 
whenever  in  a  town  or  a  ward  of  a  city  fifty  voters,  mem- 
bers of  the  political  party  whose  caucus  is  to  be  held, 
shall  sign  and  file  such  request  with  the  city  or  town 
clerk,  except  that  in  the  city  of  Boston  the  request  shall 
ProviBo.  |3g  fjig^  ^Tj^jj  i\^Q  board  of  election  commissioners :  pro- 

vided, however,  that  in  the  city  of  Boston  the  power  to 
determine  upon  voting  and  counting  machines  shall  be 
vested  in  the  board  of  election  commissioners,  and  the 
power  to  purchase  and  order  such  machines  as  above  pro- 
vided shall  be  vested  in  the  board  of  aldermen  of  said  city. 


Acts,  1898.  — Chap.  379.  317 

Section  4.     Whenever  voting  and  counting  machines  Persons  of 
are   purchased  and  approved  the  persons  of  whom  such  ^e""  "hased^* 
machines  are  purchased  shall  give  to  the  secretary  of  the  eicf ^"^  ^°'^'^' 
Commonwealth  a  bond,  with  sufficient  sureties,  to  keep 
such  machines  in  good  working  order  for  tsvo  years  at 
their  own  expense. 

Section  5.     It  shall  be  the  duty  of  the  officials  named  be1umiih°eV° 
in  section  one  of  this  act  to  make  regulations  for  the  use  etc. 
of  the  machines  approved  by  them,  and  to  prepare  and 
furnish  suitable  instructions  for  the  guidance  of  voters  in 
cities  or  in  towns  where  such  machines  are  used. 

Section  6.     Chapter  four  hundred  and  sixty-five  of  the  Repeal. 
acts  of  the  year  eighteen  hundred  and  ninety-three  and 
chapter  four  hundred  and  ninety-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-six  are  hereby  repealed. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  26,  1898. 

Ax  Act  relative  to  counting  ballots  and  to  caucus  officers.  Qhny)  379 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-two  of  chapter  five  hundred  isqs,  50-,  §  22. 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five,  as  amended  by  section  twenty-three  of  chap- 
ter five  hundred  and  thirty  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-seven,  is  hereby  amended  by  insert- 
ing after  the  word  "  voters",  in  the  third  line,  the  words  : 
—  and  within  three  feet  of  the  rail,  — so  as  to  read  as  fol- 
lows :  —  Section  22.  Immediately  after  the  polls  are  de-  counting  of  bai- 
clared  closed,  but  not  before,  the  ballots  shall  be  counted  'o'«>e'<=' 
in  full  view  of  the  voters  and  within  three  feet  of  the  rail. 
When  the  total  result  and  counting;  of  Imllots  has  been 
ascertained  the  presiding  officer  shall  make  public  an- 
nouncement thereof  in  open  meeting,  and  shall  in  open 
meetintr,  cause  the  clerk  of  the  caucus  to  enter  in  words 
at  length  in  the  record  book,  provided  for  his  use  by  the 
city  or  town  clerk,  the  total  number  of  names  checked  on 
the  voting  list,  the  total  number  of  ballots  cast,  the  names 
of  all  })ersons  voted  for,  the  number  of  votes  received  for 
each  person,  and  the  title  of  the  delegation  or  office  for 
which  he  was  proposed.     Each  clerk  of  a  caucus  shall  cierk- to  make 

II  copy  of  recora, 

forthwith  make  a  copy  of  the  record  so  made  by  him,  cer-  seal  up baiiota, 
tify  and  seal  the  same,  and  transmit  the  same  with  the 
record  book  to  the  city  or  town  clerk,  as  hereinafter  pro- 
vided.   The  clerk  shall  then,  in  the  presence  of  those  who 


318 


Acts,  1898.— Chap.  379. 


Package  to  be 
endorsed  and 
transmitted  to 
city  or  town 
clerk,  etc. 


Ballots  and 
voting  lists  to 
be  safely  kept 
for  a  certain 
time. 


are  responsible  for  the  count  and  before  the  adjournment 
of  the  caucus,  seal  up  all  ballots  which  have  been  ca.st,  to- 
gether with  the  check  lists  used  in  the  caucus  and  a  state- 
ment regarding  any  challenge  which  has  been  made.  The 
warden  and  clerk  of  the  caucus  shall  endorse  upon  such 
package  the  name  of  the  political  party  holding  the  caucus, 
for  what  delegations  and  candidatures  and  in  what  ward 
the  ballots  were  cast,  and  the  date  of  the  caucus.  The 
warden  shall  forthwith  transmit  to  the  city  or  town  clerk, 
•by  the  police  officer  or  by  some  other  legal  officer  stationed 
by  said  clerk  in  attendance  at  the  caucus,  all  the  ballots 
cast  and  the  voting  lists,  the  copy  of  the  records,  sealed 
as  aforesaid,  together  with  the  record  book  of  the  clerk. 

The  city  or  town  clerk  shall  safely  keep  such  sealed 
packages  for  a  period  of  ten  days.  If  before  the  expira- 
tion of  said  time  he  shall  be  requested  in  writing  by  ten 
voters  entitled  to  vote  in  said  caucus,  he  shall  safely  keep 
said  ballots  and  voting  lists  for  the  period  of  three  months 
thereafter  and  shall  produce  the  same  if  called  for  by  any 
court,  justice,  tribunal  or  convention  having  jurisdiction 
of  the  same. 

Section  2.  Section  twenty-eight  of  chapter  hve  hun- 
dred and  seven  of  the  acts  of  the  j'ear  eighteen  hundred 
and  ninety-five,  as  amended  hy  section  twenty-four  of 
chapter  five  hundred  and  thirty  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-seven,  is  hereby  amended  by 
inserting  after  the  word  "  clerk",  in  the  twelfth  line,  the 
words  :  —  or  inspector,  — and  by  inserting  after  the  word 
"  who  ",  in  the  same  line,  the  w^ords  :  —  is  a  state,  county 
or  city  employee,  or  w^ho,  —  so  as  to  read  as  follows  :  — 
Section  28.  If  at  any  caucus  a  majority  of  the  caucus 
may  be  elected,  officcrs  shall  SO  votc,  additional  officers,  to  serve  in  that 
caucus  only,  may  be  elected  by  a  majority  vote  of  the 
caucus  officers  present  and  voting  thereat,  and  in  case  of 
the  absence  of  any  caucus  officer  the  vacancy  thus  occur- 
ring shall  be  filled  in  the  same  manner. 

In  case  of  a  vacancy  in  the  number  of  caucus  officers  by 
ing  officers,  etc.  (jeath,  dcclination  of  election,  resignation,  removal  from 
the  city  or  town,  or  otherwise,  the  vacancy  shall  l)e  filled 
by  a  majority  vote  of  all  the  remaining  caucus  officers. 

No  person  shall  be  eligible  to  the  position  of  w^arden 
or  clerk  or  inspector  who  is  a  state,  county  or  city  em- 
ployee, or  who  is  a  member  of  a  ward  or  town  committee, 
and  no  person  shall  serve  as  a  caucus  officer  at  any  caucus 


1895,  507,  §  28, 
etc.,  amended 


Additional 
caucus  oflicers 


Vacancy  to  be 
filled  by  remain 


Certain  persons 
not  eligible. 


Acts,  1898.  — Chap.  380.  319 

wherein  he  is  a  candidate  for  an  elective  office  or  for  a 
nomination  to  an  elective  office,  or  candidate  for  ward  or 
town  committee.  '    Approved  April  27^  1S98. 

An  Act  relative  to  insurance  against  loss  by  bombardment.  (7^^r).380 
Be  it  enacted,  etc.,  asfolloios: 

Section  1 .    All  insurance  companies  authorized  to  trans-  insurance  com- 
act  fire  insurance  business  in  this  Commonwealth  may,  in  insure  property 
addition  to  the  business  which  they  are  now  authorized  by  bomblrdmenu 
law  to  do,  insure  property  against  loss  by  bombardment. 
Contracts  of  insurance  of  this  kind  shall  not  be  incorpo- 
rated in  any  contract  of  insurance  against  loss  or  damage 
by  fire,  but  shall  be  contained  in  separate  and  distinct 
policies. 

Section  2.     Section  eighty-three  of  chapter  five  hun-  i894, 522,  §  ss, 
dred  and  twenty-two  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-four  is  hereby  amended  by  inserting  after 
the  word  "  fire  ",  in  the  fifth  line  thereof,  the  words  :  —  or 
bombardment,  —  so  as  to  read  as  follows  :  —  Section  83.  ^ndf "whfch 
The  insurance  commissioner,  upon  the  annual  payment  of  unauthorized 

,.  ,.    ,  x        1     II  •  1-  J.  •!•  i?    compaDiesmay 

a  tee  ot  twenty  dollars,  may  issue  licenses  to  citizens  ot  lawfully  insure 
this  Commonwealth,   subject  to  revocation  at  any  time,  '""p^''^" 
permitting  the  person  named  therein  to  procure  policies 
of  fire  or  bombardment  insurance  on  property  in  this  Com- 
monwealth in  foreign  insurance  companies  not  authorized 
to  transact  business  in  this  Commonwealth.     Before  the 
person  named  in  such  a  license  shall  procure  any  insurance 
in  such  companies  on  any  property  in  this  Commonwealth 
he  shall  in  every  case  execute  and  file  with  the  insurance 
commissioner  an  affidavit  that  he  is  unable  to  procure,  in 
companies  admitted  to  do  business  in  the  Commonwealth, 
the  amount  of  insurance  necessary  to  protect  said  property, 
and  shall  only  procure  insurance  under  such  license  after 
he  has  })rocured  insurance  in  companies  admitted  to  do 
business  in  this  Commonwealth  to  the  full  amount  which 
said  companies  are  willing  to  write  on  said  property  :  pro-  Proviso, 
vided,  that  such  licensed  person  shall  not  be  required  to 
offer  any  portion  of  such  insurance  to  any  company  which 
is   not   possessed   of  cash   assets   amounting  to   at  least 
twenty-five  thousand  dollars,  or  one  which  has,  within  the 
preceding  twelve  months,  been  in  an  impaired  condition. 
Each  person  so  licensed  shall  keej)  a  separate  account  of  fcc^o^unuobe 
the   business  done  under  the  license,  a  certified  copy  of  kept,  etc. 
which  account  he  shall  forthwith  file  with  the  insurance 


320  Acts,  1898.  — Chaps.  381,  3S2. 

Separate  commissioiier,  showin<>:  the  exact  amount  of  such  insurance 

account  to  be  ^  ,    ,.  '^  ..  j  •  j  i 

kept,  etc.  placed  tor  any  person,  nrni  or  corporation,  the  gross  pre- 

mium charged  thereon,  the  companies  in  which  the  same 
is  placed,  the  date  of  the  policies  and  the  term  thereof, 
and  also  a  report  in  the  same  detail  of  all  such  policies 
cancelled,  and  the  gross  return  premiums  thereon,  and  be- 
fore receiving  such  license  shall  execute  and  deliver  to  the 
treasurer  and  receiver  general  of  the  Commonwealth  a 
bond  in  the  penal  sum  of  two  thousand  dollars,  with  such 
sureties  as  the  treasurer  and  receiver  general  shall  ap- 
prove, with  a  condition  that  the  licensee  will  faithfully 
comply  with  all  the  requirements  of  this  section,  and  will 
file  with  the  treasurer  and  receiver  general,  in  January  of 
each  year,  a  sworn  statement  of  the  gross  premiums 
charged  for  insurance  procured  or  placed  and  the  gross  re- 
turned premiums  on  such  insurance  cancelled  under  such 
license  during  the  year  ending  on  the  thirty-first  day  of 
December  next  preceding,  and  at  the  time  of  filing  such 
statement  will  pay  into  the  treasury  of  the  Commonwealth 
a  sum  equal  to  four  per  cent,  of  such  gross  premiums,  less 
such  returned  premiums  so  reported. 

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

Approved  April  27,  1898. 

ChCCn.SSl  ^^  '^^^  KELATIVE  TO  THE  APPOINTMENT  OF  A  JUSTICE  OF  THE 
PEACE  IN  THE  CITY  OF  QUINCY,  WITH  AUTHORITY  TO  ISSUE  IN 
CRIMINAL  CASES  WARRANTS  RETURNABLE  TO  THE  DISTRICT  COURT 
OF   EAST  NORFOLK,  AND  TO   TAKE    BAIL  IN   SUCH   CASES. 

Be  it  enacted,  etc.,  asfoUoios: 

peaci*^fn°Qu^ncy      T^^   govcmor,  with  the   advice    and   consent   of  the 
inaybeap-        couHcil,  mav  from  time  to  time  desio^nate  and  commis- 

pointed  to  i8«ue      ,  •  />      i  •  i  •  •  i  •  /» 

warrants  and     siou  somc  lusticc  of  the  peacc  rcsidmg  in  the  city  oi 

take  bail.  .  .  • 

Quincy  who  may  issue  warrants  returnable  to  the  dis- 
trict court  of  east  Norfolk  in  criminal  cases  arising 
within  the  judicial  district  of  said  court,  and  may  take 
bail  in  such  cases.  Approved  April  27,  1898. 

ChCtV.SS^  ^^   ■^^'^'   "^^   ESTABLISH   THE   SALARY   OF  THE  CLERK  OF  THE  SECOND 
DISTRICT   COURT   OF   EASTERN   WORCESTER. 

Be  it  enacted,  etc.,  as  folloics  : 

diBtdctcoun"'^       Section  1.     Until  the  first  day  of  January  in  the  year 

of  eaetern         nineteen  hundred  and  three  the  clerk  of  the  second  district 

court  of  eastern  Worcester  shall  receive,  in  addition  to 


Acts,  1898.  — Chap.  383.  321 

his  salary  as  now  established  by  law,  the  sum  of  four 

hundred  dollars  a  year,  to  be  so  allowed  from  the  first  day 

of  January  in  the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  April  28,  1S98. 

An  Act  to  authokize  the  city  of  Gloucester  to  incur  in-  (77ia7^.383 

DEBTEDNESS  FOR  STREET  IMPROVEMENTS. 

Be  it  enacted^  etc.,  as  follows: 

Sectiox  1.  The  city  of  Gloucester  for  the  purpose  city  of 
of  laying  out,  establishing,  constructing  and  improving,  HtrelTimprowe. 
either  by  macadam,  paving  or  asphalt,  Washington,  Main,  oTisos'."""'  '^*'' 
Prospect  and  East  Main  streets,  and  Essex,  Western, 
Maple  wood  and  Eastern  avenues  within  the  limits  of 
said  city,  and  for  defraying  the  cost  of  any  real  estate 
or  interest  therein  purchased  or  taken  for  any  of  said 
purposes,  and  for  paying  all  expenses  incidental  thereto, 
may  incur  indebtedness  to  an  amount  not  exceeding  one 
hundred  and  fifty  thousand  dollars,  and  may  from  time 
to  time  issue  negotiable  bonds,  notes  or  scrip  therefor, 
but  not  exceeding  in  amount  the  sum  of  fifty  thousand 
dollars  in  any  one  municipal  year.  Such  bonds,  notes 
or  scrip  shall  be  denominated  on  their  face,  City  of 
Gloucester  Street  Improvement  Loan,  Act  of  1898, 
shall  be  signed  by  the  treasurer  and  countersigned  by 
the  mayor  of  said  city,  shall  be  payable  in  periods  not 
exceeding  thirty  years  from  the  date  of  issue,  shall  bear 
interest  at  a  rate  not  exceeding  four  per  cent,  per  annum, 
payable  semi-annually,  and  shall  not  be  considered  or 
reckoned  in  determining  the  limit  of  indebtedness  of  said 
city.  The  proceeds  of  said  loan  shall  be  used  for  the 
purposes  authorized  by  this  act  and  no  other. 

Section  2.  Except  as  herein  otherwise  provided  the  p. s.  29,  etc., 
provisions  of  chapter  twenty-nine  of  the  Public  Statutes  ^^  "^^  ^' 
and  of  all  acts  in  amendment  thereof  or  in  addition 
thereto  shall  apply  to  the  indebtedness  hereby  author- 
ized and  the  securities  issued  hereunder,  and  to  the  es- 
tablishment of  a  sinking  fund  for  the  payment  thereof 
at  maturity. 

Section  3.     The  city  council  of  said  city  shall  have  cuy  council 
authority  and  power  to  lay  out,  widen,  straighten,  dis-  J^i'oca'te,''etc.', 
continue,  relocate,  establish  the  grade  of  and  otherwise  ^aye'." ^^^''' 
alter,  any  of  the  highways  named  in  section  one  of  this 
act  within  the  limits  of  said  city,  but  the  same  shall  first 


322  Acts,  1898.  — Chap.  384 


be  acted  upon  by  the  board  of  aldermen.     Any  party 
aggrieved  by  such  laying  out,  widening  or  other  altera- 
tion shall  have  the  same  remedies  as  in  the  case  of  town 
ProviBo.  ways  ;  provided,  however,  that  nothing  in  this  act  shall 

be  construed  so  as  to  exclude  the  jurisdiction  of  the 
county  commissioners. 
m^^iionerTinay      Section  4.     The  county  commissiouers  of  the  county 
allow  to  city      of  Esscx,  upou  petition  of  the  city  council  of  said  city, 
etc.  '     may  allow  from  the  treasury  of  said  county  to  said  city 

such  sums  of  money  as  they  may  think  just  and  equitable, 
to  indemnify  said  city  in  part  for  the  expense  incurred  in 
laying  out,  constructing,  widening  or  otherwise  altering 
and  improving  any  county  highway,  or  part  thereof,  under 
the  provisions  of  this  act,  in  carrying  out  any  order  of 
the  city  council  relating  thereto,  including  the  expenses 
of  taking  land  therefor.  All  money  so  repaid,  and  all 
premiums,  if  any,  received  from  the  sale  of  such  bonds, 
notes  or  scrip  shall  be  paid  over  to  the  board  of  commis- 
sioners of  sinking  funds  of  said  city,  and  be  placed  in  the 
sinking  fund  created  for  the  payment  of  the  indebtedness 
Searurermay  hereby  authorized.  The  county  treasurer  with  the  ap- 
make  loani.       proval  of  the  couuty  commissioucrs  may  make  such  loans 

as  they  may  see  fit,  to  meet  said  expenditure. 
commonweait'h       Section  5.     No  pcrsous  cxccptiug  citizcus  of  this  Com- 
to^be  employed,  ruonwcalth  shall  be  employed  on  any  work  authorized  by 
this  act,  preference  being  given  to  citizens  of  the  city  of 
Gloucester. 
?c"eptance^to         Section  6.     Thls  act  shall  be  submitted  for  acceptance 
voteM.""'"**^ '°  to  the  legal  voters  of  the  city  of  Gloucester  at  the  next 
annual  municipal  election  held  therein,  and  the  affirmative 
vote  of  a  majority  of  the  voters  present  and  voting  thereon 
shall  be  required  for  its  acceptance. 
When  to  take         SECTION  7.     So  much  of  this  act  as  authorizes  the  sub- 
mission of  the  question  of  its  acceptance  to  the  legal 
voters  of  said  city  shall  take  effect  upon  its  passage.     If 
duly  accepted  as  above-provided  it  shall  take  full  effect 
from  the  date  of  its  acceptance,  but  otherwise  it  shall  be 
null  and  void.  Ajyproved  April  29,  1898. 

Ch(lV.SS4:        ^^  ^^^  RELATIVE   TO  THE   ADMISSION   OF   ATTORNEYS-AT-LAW. 

Be  it  enacted,  etc.,  as  follows: 
1897, 508.  §  2,  Section  two  of  chapter  five  hundred  and  eight  of  the 

^mended.  /.      ,  .    i  i  i        i  t        •       ^ 

acts  of  the  year  eighteen  hundred  and  ninety-seven  is 
hereby  amended  by  striking  out  the  words  *'the  court 


Acts,  1898.  — Ciiap.  385.  323 

shall  refer  the  petition",  in  the  seventh  line,  and  insert- 
ing in  j)lace  thereof  the  words  :  —  unless  the  court  shall 
otherwise  order,  the  petition  shall  be  referred, — and  by 
inserting  after  the  word  "  determine  ",  in  the  twelfth  line, 
the  words  :  —  If  the  court  shall  make  an  order  upon  any 
petition  with  reference  to  the  admission  of  such  peti- 
tioner, the  petitioner  shall  be  admitted  in  accordance 
with  such  order,  — so  as  to  read  as  follows  :  —  Section  2.  Petition  for 
A  citizen  of  this  Commonwealth,  or  an  alien  who  has  admiBsion  as 
made  the  primary  declaration  of  his  intention  to  become  =*"'*"°'"'^>''®*''- 
a  citizen  of  the  United  States,  and  Avho  is  an  inhabitant 
of  this  Commonwealth,  of  the  age  of  twenty-one  years, 
may  petition  the  supreme  judicial  or  the  superior  court 
to  be  examined  for  admission  as  an  attorney,  whereupon, 
unless  the  court  shall  otherwise  order,  the  petition  shall 
be  referred  to  the  board  of  bar  examiners,  that  they  may 
ascertain  his  acquirements  and  qualifications.  If  the  board 
report  that  the  applicant  is  of  good  moral  character,  and 
recommend  his  admission,  he  may  be  admitted  unless  the 
court  shall  otherwise  determine.  If  the  court  shall  make 
an  order  upon  any  petition  with  reference  to  the  admission 
of  such  petitioner,  the  petitioner  shall  be  admitted  in  ac- 
cordance with  such  order.  A  fee  of  ten  dollars  shall  be  Fees, 
paid  by  each  candidate  upon  the  entry  of  his  petition, 
and  in  case  of  any  subsequent  petition  of  the  same  can- 
didate a  fee  of  five  dollars,  to  the  clerk  of  the  court  to 
which  application  is  made,  which  shall  be  forwarded  by 
said  clerk  to  the  treasurer  of  the  Commonwealth. 

Approved  April  29,  1898. 

An  Act  to  incorporate  the  northfield  water  company.      nT^nn  ^S^ 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Charles  H.  Webster,  Frank  E.  Stimpson,  NorthSeid 
Charles  A.  Linsley,  Ellen  F.  Alexander,  Mary  J.  Osgood,  ^f^L^o^/ 
Mary  A.   Pomeroy,   Martha  Hall,    Charles   S.    Warner,  por^^ted. 
Charles  H.  Green  and  Rollin  C.  Ward,  are  hereby  made 
a  corporation  by  the  name  of  the  Northfield  Water  Com- 
pany, for  the  purpose  of  supplying  the  inhabitants  of 
Northfield  with  water  for  the  extinguishment  of  fires  and 
for  domestic  and  all  other  purposes  ;  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general   laws  which  now 
are  or  may  hereafter  be  in  force  applicable  to  such  cor- 
porations. 


324 


Acts,  1898.  — Chap.  385. 


May  take  cer- 
tain waters, 
lands,  etc. 


May  lay  con. 
duits,  pipes,  etc. 


Proviso. 


Description  of 
lands,  etc.,  to 
be  recorded. 


Damages, 


Section  2.  Said  corporation,  for  the  purposes  afore- 
said, may  lease,  take  and  acquire  by  purchase  or  other- 
wise, the  waters,  or  so  much  thereof  as  may  be  necessary, 
of  the  brook  between  Hemlock  and  Round  mountains  in 
the  town  of  Northfield,  known  as  the  Minot  brook,  and 
all  the  water  rights  connected  therewith,  and  may  also 
take  and  hold,  by  purchase  or  otherwise,  all  lands,  rights 
of  way  and  easements  necessary  for  holding  and  preserv- 
ing 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  struct- 
ures, and  may  make  excavations,  procure  and  operate 
machinery,  and  provide  such  other  means  and  appliances 
as  may  be  necessary  for  the  establishment  and  mainten- 
ance of  complete  and  effective  water  works  ;  and  may 
construct  and  lay  down  conduits,  pipes  and  other  works, 
under  or  over  any  lands,  water  courses,  railroads  or  pub- 
lic or  private  ways,  and  along  any  such  ways  in  such 
manner  as  not  unnecessarily  to  obstruct  the  same ;  and 
for  the  purpose  of  constructing,  maintaining  and  repair- 
ing 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^  hoivevei\  that 
said  company  shall  not  enter  upon  and  dig  u})  any  public 
ways  except  with  the  approval  of  the  board  of  selectmen 
of  the  town  in  which  such  ways  are  situated. 

Section  3.  Said  corporation  shall,  within  sixty  days 
after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  as  aforesaid,  other  than  by 
purchase,  file  and  cause  to  be  recorded  in  the  registry 
t)f  deeds  for  the  county  and  district  in  which  the  same 
are  situated  a  description  thereof  sufficiently  accurate 
for  identification,  with  a  statement  of  the  purpose  for 
which  the  same  were  taken,  signed  by  the  president  of 
the  corporation. 

Section  4.  Said  corporation  shall  pay  all  damages 
sustained  by  any  j^erson  in  property  l)y  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,  w^ho  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 


Acts,  1808.  — Chap.  385.  325 

laying  out  of  highways,  on  application  at  anytime  within 
the  period  of  three  years  from  the  taking  of  such  land 
or  other  property  or  the  doing  of  other  injury  under  the 
authority  of  this  act ;  but  no  such  application  shall  be 
made  after  the  expiration  of  said  three  years.  No  ap- 
plication shall  be  made  for  the  assessment  of  damages 
for  the  taking  of  any  water,  water  right,  or  for  any  in- 
jury thereto,  until  the  water  is  actually  withdrawn  or 
diverted  by  said  corporation  under  the  authority  of  this  act. 

Section  5.  Said  corporation  may  distribute  the  water  Distribution  of 
through  said  town ;  may  regulate  the  use  of  said  water  '^^^^^'  ^*'^* 
and  fix  and  collect  the  rates  to  be  paid  for  the  use  of  the 
same  ;  may  establish  public  fountains  and  hydrants  and 
relocate  or  discontinue  the  same ;  and  may  make  such 
contracts  with  the  said  town  or  with  any  fire  district  that 
is  or  may  hereafter  be  established  therein,  or  with  any 
individual  or  corporation,  to  supply  water  for  the  extin- 
guishment of  fire  or  for  any  purposes,  as  may  be  agreed 
upon  by  said  town  or  such  fire  district,  individual  or  cor- 
poration, and  said  corporation. 

Section  6.     Said  corporation  may,  for  the  purposes  Reai  estate  and 
set  forth  in  this  act,  hold  real  estate  not  exceeding  in  '='*?"''' *'°<'^- 
amount  ten  thousand  dollars,  and  the  whole  capital  stock 
of  said  corporation  shall  not  exceed  ten  thousand  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  each. 

Section  7.  Immediately  after  the  payment  of  the  certificate  of 
capital  stock  of  said  company  a  certificate  of  that  fact  capi't'Ti'to'be 
and  of  the  manner  in  which  the  same  has  been  paid  ^i'ed.etc. 
in,  and,  at  the  time  of  making  the  certificate,  has  been 
invested,  or  voted  by  the  corporation  to  be  invested, 
signed  and  sworn  to  by  the  president,  treasurer  and  a 
majority  at  least  of  the  directors,  and  approved  by  the 
commissioner  of  corporations,  shall  be  filed  in  the  ofiice 
of  the  secretary  of  the  Commonwealth.  A  conveyance 
to  the  corporation  of  property,  real  or  personal,  at  a  fair 
valuation,  shall  be  deemed  a  sufficient  paying  in  of  the 
ca])ital  stock  to  the  extent  of  such  value,  if  a  statement 
is  included  in  the  certificate,  made,  signed  and  sworn  to 
by  its  president,  treasurer  and  a  majority  of  its  directors, 
giving  a  description  of  such  property  and  the  value  at 
which  it  has  been  taken  in  payment,  in  such  detail  as  the 
commissioner  of  corporations  shall  require  or  approve, 
and  indorsed  with  his  certificate  that  he  is  satisfied  that 
said  valuation  is  fair  and  reasonable. 


326 


Acts,  1898.  — Chap.  385. 


May  issue  mort- 
gage bonds,  etc. 


Penalty  for 
corruption  of 
water,  etc. 


Security  for 
payment  of 
damages,  etc., 
required  in 
certain  cases. 


Town  may  talce 
franchise, 
property,  etc. 


Section  8.  Said  corporation  may  issue  bonds  and 
secure  the  same  by  a  mortgage  on  its  franchise  and  other 
property  to  an  amount  not  exceeding  its  capital  stock 
actually  paid  in.  The  proceeds  of  all  bonds  so  issued 
shall  only  be  expended  in  the  extension  of  the  works  of 
the  company  and  for  the  payment  of  expenditures  actually 
made  in  the  construction  of  the  works,  over  and  above 
the  amount  of  the  capital  stock  actually  paid  in. 

Section  9.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  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- 
aeres  assessed  therefor,  to  be  recovered  in  an  action  of 
tort ;  and  upon  conviction  of  any  of  the  above  wiltul  or 
wanton  acts  shall  be  punished  by  a  fine  not  exceeding 
three  hundred  dollars  or  by  imprisonment  not  exceeding 
one  year. 

Section  10.  Upon  application  of  the  owner  of  any 
land,  water  or  water  rights  taken  under  this  act,  the 
county  commissioners  for  the  county  in  which  such  land, 
water  or  water  rights  are  situated  shall  require  said  cor- 
poration to  give  satisfactory  security  for  the  payment  of 
all  damages  and  costs  which  may  be  awarded  such  owner 
for  the  land  or  other  property  so  taken  ;  but  previous  to 
requiring  such  security  the  said  county  commissioners 
shall,  if  application  therefor  is  made  by  either  party, 
make  an  estimate  of  the  damages  which  may  result  from 
such  taking  ;  and  the  said  county  commissioners  shall  in 
like  manner  require  further  security  if  at  any  time  the 
security  before  required  appears  to  them  to  have  become 
insufficient ;  and  all  the  right  or  authority  of  said  cor- 
poration to  enter  upon  or  use  such  land  or  other  prop- 
erty, except  for  the  purpose  of  making  surveys,  shall  be 
suspended  until  it  gives  the  security  required. 

Section  11.  Said  town  of  Northfield  shall  have  the 
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,  includ- 
ing in  such  cost  interest  on  each  expenditure  from  its 
date  to  the  date  of  the  purchase  or  taking,  as  herein  pro- 


Acts,  1898.  —  Chap.  385.  327 

vided,  at  the  rate  of  five  per  cent,  per  annum.  If  the 
cost  of  maintaining:;  and  operating  the  works  of  said  cor- 
poration 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  cost,  and  if  the  income 
derived  from  said  works  by  said  corporation  exceeds  in 
any  year  the  cost  of  maintaining  and  operating  said  works 
for  that  year  then  such  excess  shall  be  deducted  from  the 
total  cost.     An  itemized  statement  of  the  receipts  and  statement  of 

.  1111  receipts  and 

expenditures  of  said  corporation  shall  be  annually  sub-  expenduurea  to 
mitted  to  the  selectmen  of  the  town  of  Northfield,  and  annuaii^,  etc. 
by  said  selectmen  to  the  citizens  of  said  town.  Said 
town  on  taking  as  herein  provided  the  property  of  said 
corporation  shall  assume  all  of  its  outstanding  obliga- 
tions, including  the  bonds  authorized  in  this  act,  and 
upon  re<iue8t  of  the  holders  of  said  bonds  the  town 
treasurer  shall  certify  thereon  that  the  principal  and  in- 
terest when  due  shall  be  paid,  as  therein  set  forth,  by 
said  town.  The  amount  of  bonds  thus  assumed  shall  be 
deducted  from  the  total  amount  to  be  paid  by  said  town 
to  said  corporation.  In  case  said  town  shall  have  voted 
to  purchase  of  said  corporation  its  franchise,  corporate 
property,  rights  and  privileges,  and  cannot  agree  with 
said  coi*poration  upon  the  amount  of  the  total  actual  cost 
thereof,  then  upon  a  suit  in  equity  l)y  either  said  town 
or  said  corporation  the  supreme  judicial  court  shall  ascer- 
tain and  fix  such  total  actual  cost  under  the  foregoing  pro- 
visions of  this  act,  and  shall  enforce  the  right  of  said  town 
to  take  possession  of  said  franchise,  corporate  property, 
rights  and  privileges,  upon  the  payment  of  such  cost  to 
said  corporation.  This  authority  to  take  said  franchise 
and  property  is  granted  on  condition  that  the  same  is 
assented  to  by  said  town  by  a  two  thirds  vote  of  the 
voters  present  and  voting  thereon  at  a  meeting  called 
for  that  purpose,  provided  that  no  more  than  three  such 
meetings  shall  be  held  in  any  one  year. 

Section  12.  Said  town  may  for  the  purpose  of  pay-  Northfieid 
ing  the  cost  of  said  franchise  and  corporate  property  and  *"  °^' 
the  liabilities  and  the  necessary  expenses  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 thirty  thousand  dollars  ;  such  bonds,  notes  or  scrip 
shall  l)ear  on  their  face  the  words,  Northfield  Water  Loan  ; 
shall  be  payable  at  the  expiration  of  periods  not  exceed- 


328  Acts,  1898.  —  Chap.  385. 

ing  thirty  years  from  the  date  of  issue  ;  shall  bear  inter- 
est, payable  semi-annually,  at  a  rate  not  exceeding  six 
per  cent,  per  annum,  and  shall  be  signed  by  the  treas- 
urer of  the  town  and  countersigned  by  the  water  com- 
missioners 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  pay  the  interest  on  said  loan  as  it  accrues,  and 
shall  provide  for  the  payment  of  said  principal  at  maturity 
by  establishing  at  the  time  of  contracting  said  debt  a 
sinking  fund,  or  from  year  to  year  by  such  proportionate 
payments  as  will  extinguish  the  same  within  the  time  pre- 

sinking  fund,  scribcd  by  this  act.  In  case  said  town  shall  decide  to 
establish  a  sinking  fund  it  shall  contribute  thereto  annu- 
ally a  sum  of  money  sufficient  with  its  accumulations  to 
pay  the  principal  of  said  loan  at  maturity ;  and  said  sink- 
ing fund  shall  remain  inviolate  and  pledged  to  the  pay- 
ment 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  be 
raised  annually  by  taxation,  in  the  same  manner  as  money 
is  raised  for  other  town  expenses. 

JoneL^eTeT^'       SECTION  13.    Said  towu  shall,  after  its  purchase  of  said 

tion,  terms,  etc.  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  years,  one  until  the  expiration  of  two  years  and 
one  until  the  expiration  of  one  year  from  the  next  suc- 
ceedinir  annual  town  meetino;,  to  constitute  a  board  of 
water  commissioners ;  and  at  each  town  meeting  there- 
after one  such  commissioner  shall  be  elected  by  ballot 
for  the  term  of  three  years. 

Authority,  SECTION  14.     All  the  authoritv  granted  to    the    said 

reBtnction8,etc.         kji^^j.^^  j^^  .*'     c5  •/.       ,,  •  ^     •> 

town  by  this  act  and  not  otherwise  specihcally  provided 
for  shall  be  vested  in  said  water  commissioners,  who 
shall  be  subject  however  to  such  restrictions,  rules  and 
To  be  trustees  regulations  as  said  town  may  impose  by  its  vote.  Said 
o^^sin  ing  un  ,  ^.Qjjjj^j^gJQj^gpg  shall  bc  trustccs  of  the  sinking  fund  herein 
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 


Acts,  1898.  — Chap.  386.  329 

be  filled  for  the  remainder  of  the  unexpired  term  by  said 
town  at  any  legal  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  sufficient  to  pay  the  current  annual  expenses 
of  operating  its  water  works  and  the  interest  as  it  accrues 
on  the  bonds,  notes  or  scrip  issued  as  aforesaid  by  said 
town,  or  the  bonds  of  said  corporation  assurried  by  said 
town,  if  any,  and  to  make  such  contributions  to  the  sink- 
ing fund  as  may  be  required  under  the  provisions  of  this 
act.     Said  town  is  further  authorized  by  a  two  thirds  vote  Town  may 
of  the  voters  of  said  town  present  and  voting  at  any  legal  works.'**  '^^^^'^ 
meeting  to  raise  by  taxation  any  sum  of  money  for  the 
purpose  of  enlarging  or  extending  its  water  works  and 
providing  additional  appliances  and  fixtures  connected 
therewith,  not  exceeding  five  thousand  dollars  in  any 
one  year. 

Sectiox  16.    This  act  shall  take  eflfect  upon  its  passage,  when  to  take 
but  shall  become  void  unless  work  under  this  act  is  com-  ^^^'^^' 
menced  within  three  years  from  the  date  of  its  passage. 

Apj^roved  April  29,  1898. 


Chap.3S6 


An  Act  relative  to  the  apportionment  of  the  cost  of  main- 
taining A  BRIDGE  OVER  THE  CONNECTICUT  RIVER  BETWEEN  AGA- 
WAM   AND   SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  expenses  of  maintaining  and  repair-  Apportionment 
ing  the  bridge  and  its  appurtenances  constructed  under  of  milutafniug 
the  provisions  of  chapter  two  hundred  of  the  acts  of  the  '^"'*s'=- 
year  eighteen  hundred  and  seventy-three  shall  hereafter 
l)e  paid  by  the  city  of  Springfield  and  the  town  of  Aga- 
wam  in  the  following  proportions,  namely  :  Eighty-five 
per  cent,  by  the  city  of  Springfield  and  fifteen  per  cent, 
by  the  town  of  Agawam. 

Section  2,     Said  city  and  town  shall  be  respectively  Liability  for 
liable,  under  the  limitations  of  the  law,  for  damages  re-  •^''™'*s®*- 
suiting  from  defects  in  said  bridge  and  its  appurtenances, 
in  the  same  proportions  as  they  respectively  pay  towards 
the  cost  of  maintaining  and  keeping  the  same  in  repair. 

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

Approved  April  29,  1898. 


330 


Acts,  1898.  — Chap.  387. 


QJiaV.3S7  -^^  -^^^  RELATIVE  TO  RELOCATING  AND  WIDENING  A  BRIDGE  OVER 
THE  ACUSHNET  RIVER  BETWEEN  THE  CITY  OF  NEW  BEDFORD  AND 
THE  TOWN   OF  KAIRHAVEN. 


1893,  3G8,  §  1, 
etc.,  ameuded. 


Relocation  and 
widening  of 
bridge  over 
Fish  island  and 
Pope's  island. 


ProvlBos. 


Be  it  enacted,  etc.,  as  foUoics : 

Section  1 .  Section  one  of  chapter  three  hundred  and 
sixty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety -three,  as  amended  by  cliapters  two  hundred  and 
thirty-nine  and  five  liundred  and  thirty  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  and  by  chapter 
two  hundred  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven,  is  hereby  amended  by  striking  out  the 
words  "four  hundred  and  fifty",  in  the  sixteenth  line, 
and  inserting  in  place  thereof  the  words  :  —  eight  hun- 
dred,—  and  by  striking  out  the  words  "have  the  right 
to  retain  or  to  remove  any  portion  ",  in  the  twenty-fifth 
and  twenty-sixth  lines,  and  inserting  in  place  thereof  the 
words  :  —  subject  to  the  directions  of  the  Avar  department 
of  the  United  States,  remove  all  portions,  — so  as  to  read 
as  follows:  —  Section  1.  The  county  commissioners  of 
the  county  of  Bristol  are  hereby  authorized  and  directed 
to  widen  the  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  commissioners  may  recon- 
struct 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  hundred  feet ; 
the  expense  of  constructing  said  bridge,  outside  of  the 
approaches  and  way  thereto  on  the  New  Bedford  side, 
shall  not  exceed  eight  hundred  thousand  dollars,  exclu- 
sive of  land  damages  occasioned  by  the  location  and 
construction  thereof:  ^jrovztZe^?,  that  any  change  in  the 
location  of  said  ])ridge,  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  Middle 
street,  in  said  New  Bedford,  nor  more  than  one  thousand 
feet  north  or  south  of  the  location  of  the  present  bridge 
in  said  Fairhaven  ;  undj^i'ovided,  further,  that  said  county 
commissioners  shall,  subject  to  the  directions  of  the  war 
department  of  the  United  States,  remove  all  portions  of 


Acts,  1898.  — Chap.  388.  33l 

the  present  bridge  structure  within  tide  water,  not  needed 
to  be  retained  in  the  new  construction,  but  the  expense 
of  such  removal  shall  be  included  in  the  expenses  of  con- 
structing the  work  authorized  hereunder. 

Section  2.  The  county  commissioners  are  authorized  ^io.'iersm™'"'^' 
to  make  such  changes  in  the  grades  of  said  bridge  here-  make  changes 
tofore  decreed  by  them,  as  in  their  judgment  may  be 
needful.  Any  person  or  cori)oration  that  may  be  in- 
jured ])y  any  such  change  shall  be  entitled  to  such  dam- 
ages as  they  may  sufl'er  l)y  reason  thereof.  The  county 
commissioners  shall  file  in  the  registry  of  deeds  for  the 
southern  district  of  the  county  of  Bristol  a  description 
of  such  changes  with  their  award  of  damages,  if  any, 
and  any  person  or  corporation  aggrieved  by  such  award 
or  a  failure  to  award  damages  may,  wnthin  six  months 
after  the  filing  of  such  description  or  descriptions  in  said 
registry,  apply  for  a  jury  to  the  superior  court  for  the 
county  of  Bristol  to  appraise  such  damages,  in  the  same 
manner  and  subject  to  the  same  provisions  as  in  case  of 
land  taken  for  a  highway. 

Sectiox  3.     The  county  commissioners  shall  provide  Temporary 

,  .  J  1  /.      -Tx*         j_  1    J.      J.  1    Structures,  etc., 

temporary  structures  and  lacilities  to  accommodate  travel  to  be  provided. 
interrupted  b}'  the  construction  of  the  bridge,  and  the 
expense  thereof  and  the  reimbursement  of  the  city  of 
New  Bedford  for  sums  already  expended  by  said  city 
for  such  purpose  shall  be  paid  by  the  county,  and  shall 
be  chargeable  to  the  fund  herein  provided  for  construc- 
tion east  of  the  abutment  on  the  New  Bedford  shore. 

Section  4.  County  loans  for  any  of  the  purposes  of  County  loans. 
this  act  shall  be  kept  in  three  separate  accounts,  but  shall 
be  joined  for  purposes  of  apportionment  under  section 
six  of  chai)ter  three  hundred  and  sixty-eight  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three.  Renewals 
of  any  and  all  bridge  loans  may  be  made  from  time  to 
time  as  convenience  may  require. 

Section  5.     This  act  shall  take  efiect  upon  its  passage. 

Approved  April  29,  1898. 

Ax  Act  to  establish  the  salary  of  the  justice  of  the  second  nijar)  388 

DISTRICT   COURT   OF   EASTERX   WORCESTER.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Until  the  first  day  of  January  in  the  year  Justice  of 
nineteen  hundred  and  three  the  justice  of  the  second  dis-  court  of  eastern 
trict  court  of  eastern  Worcester  shall  receive,  in  addition  Worcester. 


332 


Acts,  1.^98.  —  Chaps.  389,  390. 


to  his  salary  as  now  established  by  law,  the  sum  of  three 
hundred  dollars  a  year,  to  be  so  allowed  from  the  first 
day  of  January  in  the  year  eighteen  hundred  and  ninety- 


eight. 


Section  2. 


This  act  shall  take  effect  upon  its  passage. 
Approved  April  29,  1898. 


Chap.S89 


City  registrar 
to  have  official 
Beal. 


Town  clerks 
to  have  official 
seaU. 


Copies  of  cer- 
tain records  to 
be  furnished 
under  official 
seal. 


To  take  effect 
January  1,  1899, 


An  Act  relative  to  official  seals  and  certificates. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  city  of  Boston  shall  provide  for  use 
by  the  registrar  of  births,  deaths  and  marriages  of  said 
city  an  official  seal,  and  said  registrar  shall  attest  all  cer- 
tificates from  records  in  his  custody  with  said  seal. 

Section  2.  Every  town  shall  provide  for  the  use  of 
its  town  clerk  an  official  seal,  bearing  the  name  of  the 
town  and  the  date  of  its  incorporation,  and  of  such  gen- 
eral design  as  may  be  approved  by  the  selectmen  thereof. 

Section  3.  Said  registrar  and  every  city  and  town 
clerk,  when  furnishing  a  copy  of  any  record  of  births, 
deaths  or  marriages  in  his  charo;e,  shall  furnish  the  same 
under  the  official  seal  of  the  city  or  town,  as  the  case 
may  be. 

Section  4.  This  act  shall  take  effect  on  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety-nine. 

Approved  April  29,  1898. 


ChajJ.SQO  -^^  ^^^  relative  to  the  board  of  license  commissioners  of 

THE   CITr   of   HAVERHILL. 


Appointment 
of  license  com- 
missioners iu 
Haverhill. 


May  be  removed 
for  cause. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  License  commissioners  hereafter  to  be 
appointed  in  the  city  of  Haverhill  under  the  provisions 
of  chapter  four  hundred  and  twenty-eight  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four  shall  be  ap- 
pointed by  the  mayor,  subject  to  confirmation  by  the 
board  of  aldermen.  No  appointment  however  shall  be 
acted  upon  by  the  board  of  aldermen  until  the  expiration 
of  one  week  after  such  appointment  is  transmitted  to  said 
board,  except  by  unanimous  consent  of  said  board. 

Section  2.  A  member  of  the  board  of  license  com- 
missioners, appointed  as  provided  by  section  one  of  this 
act,  may  be  removed  for  cause  by  the  mayor,  subject  to 
the  approval  of  the  board  of  aldermen. 

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

Ajwoved  April  29,  1898. 


Acts,  1898.  —  Chaps.  391,  392.  333 


An  Act  relative  to  the   support  of  state  poor   by  cities  niffj^)  SQ1 

AND   towns.  -^ 

Be  it  enacted^  etc.,  as  follows : 

Section  twenty-six  of  chapter  eighty-six  of  the  Public  p.  s.se,  §26, 
Statutes,  as  amended  b}^  chapter  two  hundred  and  eleven  ^*'''*'"®°  '^ 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-tive, 
and  by  chapter  one  hundred  and  tifty-three  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-one,  is  hereby 
amended  by  inserting  after  the  word  "the",  in  the  first 
line,  the  word: — reasonable, — and  by  striking  out  all 
of  said  section  after  the  word  "  Commonwealth",  in  the 
sixth  line,  and  inserting  in  i)lace  thereof  the  words:  — 
The  bills  for  such  support  shall  not  be  allowed  unless 
they  are  endorsed  Avitli  the  distinct  declaration  that, 
after  full  investigation,  no  kindred  able  to  pay  the 
amount  charged  have  been  found,  and  that  the  amount 
has  actually  been  paid  from  the  city  or  town  treasury, 
nor  unless  they  are  approved  by  the  state  board  or  by 
some  person  designated  by  it ;  and  not  more  than  five 
dollars  a  week  shall  be  allowed  for  the  support  of  a  per- 
son in  a  city  or  town  hospital,  —  so  as  to  read  as  fol- 
lows :  —  Section  26.     The  reasonable  expense  incurred  Expense  to  be 

.    .  /T     1  T  reimbursed  by 

by  a  city  or  town  under  the  provisions  of  the  preceding  Commonwealth. 
section,  within  five  days  next  before  notice  has  been 
given  as  therein  required,  and  also  after  the  giving  of 
such  notice  and  until  said  sick  person  is  able  to  be  re- 
moved to  the  almshouse  shall  be  reimbursed  by  the 
Commonwealth.  The  bills  for  such  support  shall  not 
be  allowed  unless  they  are  endorsed  with  the  distinct 
declaration  that,  after  full  investigation,  no  kindred  able 
to  pay  the  amount  charged  have  been  found,  and  that  the 
amount  has  actually  been  paid  from  the  city  or  town  treas- 
ury, nor  unless  they  are  approved  by  the  state  board  or  by 
some  person  designated  by  it ;  and  not  more  than  five 
dollars  a  week  shall  be  allowed  for  the  support  of  a  per- 
son in  a  city  or  town  hospital. 

Approved  April  29,  1898. 

An   Act   relative  to    supplying   certain   cities  and  towns  (^Tyfj^t  S92 

WaTH   WATER   FROM  THE   METROPOLITAN   WATER   WORKS.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  four  hundred  and  eighty-eight  amended.^  ^' 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-five 


334  Acts,  1898.  — Chap.  392. 

is  hereby  amended  by  inserting  after  the  word  ' '  deter- 
mine", in  the  twenty-eighth  line,  the  words  : — provided, 
that  any  such  city  or  town  shall  first  have  acquired  the 
works  of  any  water  company  therein  situated,  constructed 
for  the  purpose  of  supplying  said  city  or  town  or  its  in- 

Jtc.!a°8yltera     habitants  with  water,  —  so  as  to  read  as  follows  :  —  Sec- 

wa'Ter'S"!'*"  ^*'^'*  3.  Said  board,  acting  for  the  Commonwealth,  shall 
construct,  maintain  and  operate  a  system  of  metropolitan 
water  works  substantially  in  accordance  with  the  plans  and 
recommendations  of  the  state  board  of  health,  contained 
in  their  report  to  the  legislature  of  the  year  eighteen  hun- 
dred and  ninety-five,  and  shall  provide  thereby  a  sufficient 
supply  of  pure  water  for  the  following  named  cities  and 

wtteJ'DiBtrict.  towns,  and  the  inhabitants  thereof,  to  wit :  — The  cities  of 
Boston,  Chelsea,  Everett,  jNIalden,  Medford,  Newton  and 
Somerville,  and  the  towns  of  Belmont,  Hyde  Park,  Mel- 
rose, Revere,  Watertown  and  Winthrop,  which  cities 
and  towns  shall  constitute  the  Metropolitan  Water  Dis- 
trict ;  shall  secure  and  protect  the  purity  of  said  water ; 
shall  on  application  furnish  water  to  any  city  or  town 
aforesaid  that  at  the  time  of  application  owns  its  water 

Certain  cities     pjpg  svstem  I  shall  ou  application  admit  any  other  city 

and  towns  may     i^  "^  '  />i»i»  -i-  •^  /-i 

be  admitted,  etc.  or  town,  any  part  or  which  is  within  ten  miles  of  the 
state  house,  into  said  water  district,  and  furnish  water 
to  the  same  on  the  terms  prescribed  by  this  act  for  the 
cities  and  towns  aforesaid,  and  on  such  payment  of  money 
as  said  board  may  determine  ;  shall  on  application  furnish 
water  to  any  water  company  owning  the  water  pipe  system 
in  any  town  within  said  ten  miles,  on  such  water  company 
assuming  the  assessments  of  the  town,  if  any,  and  mak- 
ing such  payment  of  money  as  said  board  may  determine  ; 
and  may  from  time  to  time  furnish  water  to  any  other 
city,  town  or  water  company,  on  such  payment  of  money 

Proviso.  as  said  board  may  determine  :  provided,  that  any  such 

city  or  town  shall  first  have  acquired  the  works  of  any 
water  company  therein  situated,  constructed  for  the  pur- 
pose of   supplying  said  city  or  town  or  its  inhabitants 

Distribution  of   -syith  watcr.     All  payments  of  money  aforesaid  shall  be 

payments  of  ..         .  .  i^.*.  ,  ••it^'j^- 

nioney,  furnish-  disti'ibutcd  to  tlic  citics  and  towus  111  saiQ  district  in  })ro- 
ing  of  water,  etc.  p^j^^j^^  ^^  ^j^g  total  amouiit  of  the  annual  assessments 

theretofore  paid  by  them  respectively.  Said  board  shall 
furnish  said  water  to  the  city,  town  or  company,  by  de- 
livering the  same  into  a  main  Avatcr  pipe,  reservoir  or 
tank  of  the  city,  town  or  company,  under  sufficient  pres- 


Acts,  1898.  — Chap.  393.  335 

sure  for  use  without  local  pumping,  unless  delivered  in 
some  other  manner  by  mutual  agreement  between  the 
parties  interested  ;  and  shall  have  the  direction  and  con- 
trol of  the  connections  between  the  metropolitan  and 
local  systems.  Said  board  may  utilize  the  fall  of  water 
at  any  dam  under  their  charge,  and  may  thereby  produce 
power  or  electricity,  and  may  transmit  such  power  or 
electricity  by  pipes,  wires,  or  other  suitable  means,  and 
sell  the  same,  or  the  right  to  use  such  water,  by  written 
or  other  contract,  to  run  for  a  term  not  exceeding  fifteen 
years.  Any  person  or  corporation  authorized  by  said 
board  shall  have  all  the  powers  relating  to  the  produc- 
tion, sale  and  transmission  of  power  and  electricity  given 
by  this  act  to  said  board.  Approved  April  29,  1S9S. 


Chap.S93 


An  Act  relative  to  reclaiming  and  improving  waste  and 

UNUSED   land   with   THE   LABOR   OF  PRISONERS   FROM  JAILS   AND 
HOUSES   OF   CORRECTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  governor  and  council  may  purchase  May  take 
or  otherwise  take  in  fee  any  parcel  of  waste  and  unused  et""*^'*  ^^^^' 
land,  not  exceeding  one  thousand  acres  in  area,  for  the 
purpose  of  reclaiming,  improving  and  disposing  of  said 
land  for  the  benefit  of  the  Commonwealth. 

Section  2.  The  governor  and  council  shall  cause  to  Description  of 
be  filed  in  the  registry  of  deeds  where  any  land  taken  as  i^'*^^^ '° '^^  fi'*''^' 
aforesaid  is  situated  a  description  of  the  land  so  taken 
as  certain  as  is  required  in  an  ordinary  conveyance  of 
land,  with  a  statement,  signed  by  the  governor,  that  said 
land  is  taken  on  behalf  of  the  Commonwealth  for  the  pur- 
poses of  this  act ;  and  the  act  and  time  of  said  filing  shall 
be  deemed  the  act  and  time  of  taking  said  land,  and  to 
be  sufficient  notice  to  all  persons  that  said  land  has  been 
so  taken.  The  title  to  such  land  shall  then  vest  in  the 
Commonwealth. 

Section  3.     The  governor  and  council  shall  have  full  f,t'ou^®toV°/ 
power  to  settle  by  agreement  or  arbitration  the  amount  v^^'^  °p  account 
to  be  paid  to  any  person  on  account  of  said  taking,  and  land,  etc. 
if  the  amount   is   not  settled    in  the  manner  aforesaid 
the  governor  and  council  shall,  within  sixty  days  from 
the  date  of  such  taking,  appraise  the  value  of  every  un- 
settled interest  in  said  land,  as  far  as  can  be  ascertained, 
and  shall  file  a  statement  of  their  findings  with  the  auditor 
of  the  Commonwealth.     The  auditor  shall  then,  upon  the 


336 


Acts,  1898.  — Chap.  393. 


Iron  buildings 
for  accommoda- 
tion of  prisoners 
to  be  erected. 


Temporary 
industrial  camp 
for  prisoners  to 
be  established, 
etc. 


Custody  of 
prisoners,  etc. 


Removal  and 

release  of 
prisoners. 


application  of  the  person  whose  interest  is  so  appraised, 
certify  the  amount  awarded  to  said  person  by  said  find- 
ings, and  a  warrant  shall  be  drawn  for  the  payment  of 
such  amount  from  the  treasury  of  the  Commonwealth. 
The  acceptance  of  such  payment  shall  be  deemed  an 
acknowledgment  of  full  satisfaction.  Any  person  dis- 
satisfied with  said  findings  may,  upon  application  within 
one  year  from  the  date  of  said  taking,  have  his  damages 
assessed  by  a  jury  in  the  manner  provided  by  law  in  case 
of  taking  land  for  highways ;  but  no  such  application 
shall  be  made  after  the  expiration  of  one  year. 

.  Section  4.  As  soon  as  may  be  after  any  land  is  taken 
as  aforesaid  the  general  superintendent  of  prisons,  with 
the  approval  of  the  governor  and  council,  shall  cause  to 
be  erected  on  said  land  iron  l)uildings  of  cheap  construc- 
tion, suitable  for  the  accommodation  of  not  exceeding 
one  hundred  prisoners. 

Section  5.  When  the  said  buildings  are  ready  for 
occupancy  the  governor  may  issue  his  proclamation  es- 
tablishing on  said  land  a  temporary  industrial  camp  for 
prisoners  ;  and,  with  the  advice  and  consent  of  the  coun- 
cil, he  may  appoint  a  superintendent  of  said  camp,  who 
shall  hold  ofiice  during  the  pleasure  of  the  governor  and 
council.  Said  superintendent  shall  give  such  bond  as  the 
governor  and  council  may  direct,  and  shall  receive  such 
salary  as  they  may  determine. 

Section  6.  Said  superintendent  shall  have  the  custody 
of  all  prisoners  removed  to  said  camp,  and,  with  the  ap- 
proval of  the  general  superintendent  of  prisons,  he  may 
appoint  such  assistants  as  are  necessary  and  fix  their  com- 
pensation. Said  assistants  shall  hold  office  during  the 
pleasure  of  said  superintendent. 

Section  7.  When  said  camp  is  established  and  organ- 
ized as  aforesaid  the  commissioners  of  prisons  may  re- 
move prisoners  thereto  from  the  jails  and  houses  of 
correction  in  the  same  manner  that  such  prisoners  are 
now  removed  to  the  state  fiirm ;  and  the  said  commis- 
sioners may  at  any  time  return  a  prisoner  to  the  place 
of  imprisonment  from  which  he  was  removed.  Prisoners 
held  at  said  camp  shall  be  su])ject  to  all  the  laws  that  now 
apply  to  prisoners  at  the  state  farm,  and  may  be  released 
from  said  camp  by  the  superintendent,  with  the  approval 
of  the  general  superintendent  of  prisons,  in  the  same  way 
as  prisoners  are  now  released  from  said  farm  by  the  trus- 
tees thereof. 


Acts,  1898.  — Chap.  394.  337 

Section  8.     Prisoners  held  at  said  camp  shall  be  em-  PrisoneiRto 
ployed  in  reclaiming  and  improving  said  land  and  in  pre-  I'niTp^iovinl 
paring   by  hand  labor  material  for  road  building,     ^n 'and,  etc. 
such  work  shall  be  done  under  regulations  made  by  the 
general  superintendent  of  prisons  ;  and  the  Massachusetts 
highway  commission  and  the  board  of  agriculture  shall 
from  time  to  time,  at  his  request,  give  him  such  informa- 
tion as  will  enable  him  to  cause  the  work  to  be  prose- 
cuted to  the  best  advantag-e. 

Section  9.  The  expenses  of  maintaining  said  camp  Payment  of 
shall  be  paid  from  the  treasury  of  the  Commonwealth  ^^p'^"^®^' 
on  schedules  sworn  and  certified  by  said  superintendent 
and  approved  by  the  general  superintendent  of  prisons. 
All  purchases  and  sales  on  account  of  said  camp,  except 
as  to  the  land,  shall  be  made  by  said  superintendent  under 
a  like  approval.  All  receipts  for  articles  or  materials 
sold  shall  be  paid  into  the  treasury  of  the  Commonwealth 
each  month. 

Section  10.  Any  land  reclaimed  or  improved  as  afore-  Disposition  of 
said  may  be  devoted  to  the  use  of  the  Commonwealth,  or  eTc^"^"^^  '"^  ' 
it  may  be  disposed  of  by  the  governor  and  council  at  pub- 
lic or  private  sale.  Any  road  material  prepared  as  afore- 
said may  be  sold  by  the  superintendent  of  said  camp,  with 
the  approval  of  the  general  superintendent  of  prisons,  to 
the  authorities  of  the  Commonwealth  or  of  any  county, 
city  or  town. 

Section  11.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1898. 

An  Act  relative  to  the  protection  of  children.  (7AaX).394: 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     Section   forty-nine   of  chapter  five  hun- i894.  sos,  §  49, 
dred  and  eight  of  the  acts  of  the  year  eighteen  hundred  *™^ 
and  ninety-four  is  hereby  amended  by  striking  out  the 
whole  of  said  section  and  inserting  in  place  thereof  the 
folio  wing: : — Section    49.     No    person    shall    employ  or  children  under 

1   .,   .,     '^  ,,  ,  .  .  ^  /•  .1  fifteen  years 

exliii)it  or  sell,  apprentice  or  give  away  tor  the  purpose  of  age  not  to  be 
of  employing  or  exhibiting,  a  child  under  fifteen  years  poses  of  ex '^ 
of  age,  in  dancing  on  the  stage,  playing  on  musical  in- hibition, etc. 
struments,  singing,  walking  on  a  wire  or  rope,  or  riding 
or  performing  as  a  gymnast,  contortionist  or  acrobat,  in 
any  circus  or  theatrical  exhibition,  or  in  any  public  place 
whatsoever,  or  cause,  procure  or  encourage  any  such  child 
to  engage  therein  :  provided,  that  nothing  in  this  section  Proviso. 


338 


Acts,  1898.  — Chap.  395. 


shall  be  construed  to  prevent  the  education  of  children 
in  vocal  and  instrumental  music  or  dancing,  or  their  em- 
ployment as  musicians  in  any  church,  chapel  or  school, 
or  school  exhibition,  or  to  prevent  their  taking  part  in  any 
festival,  concert  or  musical  exhibition  on  the  special  writ- 
ten permission  of  the  mayor  and  aldermen  of  a  city  or 
of  the  selectmen  of  a  town. 

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

Approved  April  29,  1898. 


Committee  to 
consider  plans 
for  illumiuatiug 
dome  of  state 
house,  etc. 


Chap.SQ5  ^^  ^^"^  '^'^  PROVIDE  FOR  ILLUMINATING  THE  DOME  AND  LANTERN 
OF  THE  STATE  HOUSE,  AND  FOR  IMPROVEMENTS  ON  THE  STATE 
HOUSE   GROUNDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  His  Excellency  Roger  Wolcott,  governor 
of  the  Commonwealth,  George  E.  Smith,  president  of 
the  senate,  and  John  L.  Bates,  speaker  of  the  house  of 
representatives,  shall,  as  a  committee  serving  without 
pay,  consider  and  decide  upon  plans  for  placing  electric 
lights  about  the  dome  and  lantern  of  the  state  house,  for 
supplying  the  fountains  with  piping,  pump  and  tank  and 
with  electrical  ap})liances  for  lighting,  and  for  trenching 
the  grounds.  Any  vacancies  occurring  in  said  committee 
shall  be  filled  by  the  governor,  with  the  advice  and  con- 
sent of  the  council. 

Section  2.  For  the  purposes  stated  in  section  one  of 
this  act  said  committee  is  hereby  authorized  and  directed 
to  employ  an  expert  to  make  and  submit  for  its  approval 
drawings,  specifications  and  designs.  Said  expert  shall 
superintend  the  execution  of  the  work  in  accordance  with 
such  drawings,  specifications,  designs  and  })lans  as  shall 
be  approved  by  the  committee,  and  in  accordance  with 
such  changes  therein  as  may  be  thereafter  approved  in 
writing  by  said  committee.  The  drawings,  specifications, 
designs  and  plans  a})proved  by  said  committee,  and  any 
changes  from  time  to  time  made  therein  with  the  written 
approval  of  the  committee,  shall  be  delivered  to  the  state 
house  commissioners. 

Section  8.  The  state  house  commissioners  are  hereby 
authorized  and  directed,  upon  receipt  of  said  drawings, 
specifications,  designs  and  plans,  to  proceed  to  carry  out 
the  same,  and  to  make  in  behalf  of  the  Commonwealth 
all  contracts  and  expenditures,  and  to  employ  all  labor 


Vacancies. 


May  employ  an 
expert  to  make 
drawings,  etc. 


Drawings,  etc., 
to  be  delivered 
to  state  house 
commissioners. 


State  house 
commissioners 
to  make  con- 
tracts, employ 
labor,  etc. 


Acts,  1808.  —  Ch.ips.  39G,  397.  339 

which  shall  be  necessary  for  that  purpose,  but  the  ex- 
pense incurred  by  said  commissioners  under  the  provi- 
sions of  this  act,  including  the  compensation  of  the  expert 
employed  under  the  provisions  of  section  two,  which  shall 
be  paid  by  them,  shall  not  exceed  ten  thousand  five  hun- 
dred dollars,  which  sum  shall  be  taken  from  the  unex- 
pended balance  of  the  loan  for  remodelling  the  Bulfinch 
state  house. 

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

Approved  May  2,  1898. 


Chap.%m 


An  Act  relative  to  the  support  of  the  poor  in  towns. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  towns  where  paupers  are  provided  for  overseers  of 

/.         .-t.  ,1  /.     .1  1      11      •  i-        A       poor  in  certain 

in  lamilies  the  overseers  oi   the  poor   shall   investigate  towns  to  investi- 
each  place  where  the  town  paupers   are  to  be   so  pro-  fvheve'town 
vided  for,  and  shall  endeavor  by  contract  to  secure  their  ^'e^^uTjortld" 
proper  care  and  maintenance.     A  full  and  complete  rec-  etc. 
ord  of  each  case  shall  be  kept,  showing  the  terms  of  the 
contract  and  what  services,  if  any,  are  to  be  rendered 
by  the  i)aupers.     A  majority  of  the  overseers   of  the 
poor  shall  certify  upon  the  records  that  such  investiga- 
tion has  been  made  in  each  case,  and  that  they  are  sat- 
isfied that  the  paupers  will  be  properly  cared  for.     The 
overseers  of  the  poor,  either  by  one  of  their  own  number 
or  by  a  duly  appointed  agent,  shall,  at  least  once  in  every 
six  months,  visit  each  place  where  the  town  paupers  are 
supported,  and  a  record  of  each  visit  and  of  the  condition 
of  the  paupers  visited  shall  be  kept. 

Section  2.  The  state  board  of  lunacy  and  charity  state  board  of 
shall  have  authority  to  visit  and  inspect  all  places  where  charity 'to  have 
town  paupers  are  supported  in  families.  c^tam  author- 

Section  3.     Chapter  three  hundred  and  seventy-four  Repeal. 
of  the  acts  of  the  year  eighteen  hundred  and    ninety- 
seven,  and  all  other  acts    or  parts  of  acts  inconsistent 
herewith,  are  hereby  repealed.      Approved  May  5,  1898. 

An  Act  relative  to  arrest  on  mesne  process.  VliO/D  397 

Be  ii  enacted,  etc.,  as  follows: 

Any  person  arrested  on  mesne  process  in  any  civil  suit  Persons  ar- 

•     r         _  ...  '^  ^.  ,     ,        rested  on  mesne 

may  apply  in  writin<z;  in  any  county  to  a  iustice  ot  the  process  may 

.4-fl-l  1  •  .ulli"  Jx-  applv  for  re- 

court  to  which  such  i)roccss  is  returnable  tor  a  reduction  ductionofad 

of  the  amount  of  the  ad  damnum  of  the  writ,  or  for  his  ^"'"""'^' «*«• 


340  Acts,  1898.  — Chaps.  398,  399. 

discharge  ;  and  such  justice  shall  order  notice  to  the  plain- 
tiff, returnable  before  himself  or  before  any  other  justice 
of  the  same  court.  If  upon  hearing  the  parties  it  is  found 
that  the  ad  damnum  is  excessive  the  justice  shall  order 
it  to  be  reduced,  and  thereafter  it  shall  be  deemed  to 
be  reduced,  according  to  such  order ;  or  if  the  arrest  is 
found  to  be  unreasonable  he  may  in  his  discretion  order 
the  discharge  of  the  defendant.     Approved  May  6,  1898. 

Chap.SQS  An  Act  to  authorize  the  city  of  beverly  to  incur  indebt- 
edness BEYOND  ITS  DEBT  LIMIT,  FOR  SCHOOL  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Lolnfic^ttr'       Section  1.     The  city  of  Beverly,  for  the  purpose  of 
1898.  acquiring  land  and  erecting  and  furnishing  buildings  or 

additions  to  the  present  buildings  for  school  purposes, 
is  hereby  authorized  to  issue  from  time  to  time  notes  or 
bonds  to  an  amount  not  exceeding  fifty  thousand  dollars, 
denominated  on  the  face  thereof,  Beverly  School  Loan, 
Act  of  1898,  and  bearing  interest  at  a  rate  not  exceeding 
five  per  cent,  per  annum,  payable  semi-annually. 
i^an?lt°c!°^  Section  2.    Said  notes  or  bonds  shall  be  paj^able  within 

such  period,  not  exceeding  five  years  from  their  dates,  as 
the  city  council  shall  from  time  to  time  determine,  and, 
except  as  herein  otherwise  provided,  shall  be  issued  in 
accordance  with  the  provisions  of  chapter  twenty-nine 
of  the  Public  Statutes  and  of  acts  in  amendment  thereof 
and  in  addition  thereto  ;  and  they  shall  not  be  reckoned 
in  determining  the  authorized  limit  of  indebtedness  of 
said  city. 

Section  3.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  May  6,  1898. 

Ck(ip.S99  -^N  "^^^  "^^  AUTHORIZE  THE  NEW  ENGLAND  RAILROAD  COMPANY 
TO  LEASE  ITS  RAILROAD  TO  THE  NEW  YORK,  NEW  HAVEN  AND 
HARTFORD   RAILROAD   COMPANY. 

Be  it  enacted,  etc.,  asfollotos: 

i^ud  Raiiroacf'       Section  1.    The  Ncw  England  Eailroad  Company  may 
Company  may    ]ease  its  road,  franchise  and  pro])erty  to  the  New  York, 

lease  its  road,  '  \         i  J  ^  ' 

etc.,  to  the  New  Ncw  Havcu  and  Hartford  Railroad  Company,  in  the  man- 

naven,-ind         ucr  and  upon  the  conditions  set  forth  in  the  general  laws 

n.ad  Company,  of  this  Coiumonwealth  relative  to  the  leasing  of  railroads. 

Such  lease  shall  not  be  valid  or  binding  until  the  terms 

thereof  have  been  approved   by  the  board  of  railroad 


Acts,  1898.  — Chap.  400.  341 

commissioners  in  the  manner  provided  by  law,  and  by 
a  majority  in  interest  of  the  holders  of  the  common 
stock  and  of  the  preferred  stock,  respectively,  of  the 
New  England  Railroad  Company,  exclusive  of  any  stock 
of  which  the  New  York,  New  Haven  and  Hartford  Rail- 
road Company  may  be  at  the  time  the  legal  or  equitable 
owner,  or  for  the  purchase  of  which  its  funds  have  been 
used. 

Section  2 .     Said  lease  may  provide  for  the  exchange  Lease  may 
of  stock  of  the  lessor  for  stock  of  the  lessee,  upon  terms  eschaifge^of 
and  conditions  approved  by  the  board  of  railroad  com-  ^*°'^^' 
missioners  as  a  part  of  the  terms  of  said  lease. 

Section  3.     Upon  the  making  of  such  lease  the  New  corporate  name 
York,  New  Haven  and  Hartford  Railroad  Company  may  Object  to  ap^^ 
adopt  a  corporate  name  in  lieu  of  its  present  name,  sub-  ^Ty  of  the  Com". 
ject  to  the  approval  thereof  by  the  secretary  of  the  Com-  monweaith. 
mon wealth,  who  shall  give  notice  of  such  change  in  a 
newspaper  published  in  each  county  in  this   Common- 
wealth in  which  said  company  operates  a  railroad. 

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

Approved  May  7,  1898. 


ChapAOO 


An  Act  relative  to  the  support  of  the  public  schools  of 
the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  school  committee  of  the  city  of  Bos-  school  commit- 
ton  shall  forthwith  after  the  passage  of  this  act,  and  on  trmake°appro- 
or  before  the  first  day  of  March  in  each  year  thereafter,  uJil'^sirpportof 
by  vote  of  two  thirds  of  all  its  members,  taken  by  yeas  pubuc  schools, 
and  nays,  make  appropriations  for  the  support  of  the 
pulilic  schools  of  said  city  for  the  financial  year,  includ- 
ing repairs   and   alterations   on  school   buildings.     Such 
appropriations    shall    be   made  by  items    specifying  the 
purposes  for  which  the  money  is  to  be  expended.     Such, 
appropriations,  which  shall  be  included  within  the  tax 
limit  of  said  city  for  municipal  purposes  as  now  estab- 
lished by  law,  shall  not  exceed  in  the  aggregate,  upon 
each  one  thousand  dollars  of  the  average    valuation  of 
the  taxable  property  in  said  city  as   ascertained  under 
the   i)rovisions   of  law   limiting  the  rate  of  taxation  in 
said  city,  the  following  sums  for  the  periods   specified, 
to  wit :  —  For  the  financial  year  ending  on  the   thirty- 
first  day  of  January  in  the  year  eighteen  hundred  and 


342 


Acts,  1898.  —  Chap.  400. 


Votes  to  have 
same  force  and 
effect  as  orderB 
or  votes  of  city 
council,  etc. 


Amount 
appropriated  to 
be  certified  to 
assessors,  etc. 


Unexpended 
balance,  etc., 
to  be  added 
to  amount 
appropriated 
for  next  ensuing 
year. 


Disposition  of 
proceeds  of 
sales  of  school 
lands,  etc. 


ninety-nine,  two  dollars  and  eighty  cents  ;  for  the  finan- 
cial year  ending  on  the  thirty-first  day  of  January  in 
the  year  nineteen  hundred,  two  dollars  and  eighty-five 
cents  ;  and  for  the  financial  year  ending  on  the  thirty- 
first  day  of  January  in  the  year  nineteen  hundred  and 
one,  and  for  each  financial  year  thereafter,  two  dollars 
and  ninety  cents  ;  and  any  vote  or  appropriation  requir- 
ing a  larger  assessment  than  as  above  specified  shall  be 
void ;  and  said  school  committee  shall  have  no  authority 
to  incur  any  liability  or  make  any  expenditure  in  excess 
of  such  appropriations,  anything  in  any  statute  to  the 
contrary  notwithstanding.  Of  the  total  amount  author- 
ized to  be  appropriated  as  aforesaid  an  appropriation  of 
which  the  several  items  shall  amount  to  not  less  than 
twenty-five  cents  upon  each  one  thousand  dollars  of  said 
average  valuation  shall  be  expended  only  for  such  re- 
pairs and  alterations  upon  school  buildings  as  said  school 
committee  shall  order. 

Section  2.  The  votes  of  said  school  committee  mak- 
ing such  appropriations  shall  have  the  same  force  and 
effect  as  orders  or  votes  of  the  city  council  appropriating 
money,  and  shall  be  subject  to  the  same  provisions  of 
law  in  respect  to  approval  by  the  mayor,  except  that  a 
vote  of  three  fourths  of  all  the  members  of  said  school 
committee,  taken  by  yeas  and  nays,  shall  be  necessary 
to  pass  any  such  appropriation  over  the  veto  of  the  mayor. 

Section  3.  After  an  order  or  vote  of  said  school 
committee  making  an  appropriation  shall  have  gone  into 
effect  the  aggregate  amount  so  appropriated  shall  be  cer- 
tified by  the  school  committee  to  the  board  of  assessors, 
and  shall  be  included  by  said  assessors  in  the  amount  to 
be  raised  by  taxation  in  said  city  for  such  year. 

Section  4.  Any  l)alance  of  an  appropriation  so  made 
by  said  school  committee  remaining  unexpended  at  the 
close  of  any  financial  year,  and  not  needed  to  carry  out 
the  requirements  of  any  statute,  gift,  trust  or  special 
appropriation,  and  any  amount  within  the  limit  above 
defined  for  such  year  not  appropriated  by  said  com- 
mittee, shall  1)0  added  to  the  amount  which  said  com- 
mittee may  appropriate,  as  herein  authorized,  for  the 
financial  year  next  ensuing. 

Section  5.  The  proceeds  of  any  sale  of  any  school 
lands  or  buildings  shall  be  held  in  the  city  treasury  of 
said  city  and  used  only  for  the  purchase  of  land  or  the 


Acts,  1898.  — Chap.  401.  B43 

construction  of  buildings  for  school  purposes,  but  shall 
not  be  so  used  without  the  approval  of  the  mayor  in 
writing  in  each  specific  case.  Such  proceeds  shall  be 
expended  in  accordance  with  the  provisions  of  chapter 
four  hundred  and  eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-live  and  acts  in  amendment  thereof 
and  in  addition  thereto. 

Section  6.     This  act  shall  take  eifect  upon  its  passage. 

Approved  May  7,  1898. 

An  Act  relative  to  the  registration  op  voters  in  the  city  QJinrn  4Q1 

OF  boston. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.  Section  one  of  chapter  sixty-one  of  the  1895,  ei,  §i, 
acts  of  the  year  eighteen  hundred  and  ninety-five  is  ^"*'° 
hereby  amended  by  adding  at  the  end  of  said  section 
the  words  :  — ijrovided,  however,  that  in  the  city  of  Bos- 
ton no  person  shall  be  assessed  as  above-provided  later 
than  the  first  day  of  October,  —  so  as  to  read  as  follows  : 
—  Section  1.  Every  male  applicant  for  registration  shall  ^afe^vote "s?  °^ 
present  a  certificate  from  the  assessors,  or  a  tax  bill  or 
notice  from  the  collector  of  taxes,  showing  that  he  has 
been  assessed  as  a  resident  of  the  city  or  town  on  the 
preceding  first  day  of  May,  and  the  same  shall  be  ac- 
cepted by  the  registrars  as  prima  facie  evidence  of  such 
residence,  or  he  shall  present  a  certificate  from  the  as- 
sessors that  he  has  been  a  resident  for  the  six  months 
next  preceding  the  election  at  which  he  claims  the  right 
to  vote,  and  the  same  shall  be  accepted  by  the  registrars 
as  prima  facie  evidence  of  such  residence.  If  a  male  per- 
son was  a  resident  of  the  city  or  town  on  the  first  day 
of  Mav,  and  was  not  assessed  a  poll  tax  by  the  assessors 
of  said  city  or  town  on  the  first  day  of  May,  such  person, 
in  order  to  establish  his  right  to  be  assessed,  shall  appear 
before  the  board  of  assessors,  accompanied  by  two  wit- 
nesses who  shall  testify  under  oath  that  they  are  regis- 
tered voters  of  the  ward  or  town  in  which  he  desires  to 
be  assessed,  and  who  shall  also  testify  under  oath  to  the 
truth  of  the  statement  of  the  applicant  in  regard  to  his 
right  to  be  assessed  at  the  place  claimed  by  him  as  a  legal 
residence  on  the  first  day  of  May  ;  provided,  however,  that  i''ovi8o. 
in  the  city  of  Boston  no  jierson  shall  be  assessed  as  above- 
provided  later  than  the  first  day  of  October, 


S4A 


Acts,  1898.  —  Chap.  402. 


1895,  61,  §  2, 
ameDded. 


Evidence  of 
residence. 


Proviso. 


Section  2.  Section  two  of  said  chapter  is  hereby 
amended  by  adding  at  the  end  of  said  section  the  words : 
— provided,  however,  that  in  the  city  of  Boston  no  per- 
son shall  be  assessed  as  above-provided  later  than  the 
first  day  of  October,  —  so  as  to  read  as  follows  :  —  Sec- 
tion 2.  Every  male  person  moving  into  a  city  or  town 
subsequently  to  the  first  day  of  May,  and  claiming  the 
right  to  vote  at  an  election  and  desiring  to  be  registered 
by  the  registrars  of  voters,  shall  appear  before  the  board 
of  assessors,  accompanied  by  two  witnesses  who  shall  tes- 
tify under  oath  that  they  are  registered  voters  of  the  ward 
or  town  in  which  he  desires  to  be  registered,  and  who 
shall  also  testify  under  oath  to  the  truth  of  the  statement 
of  the  applicant  in  regard  to  his  being  a  resident  of  the 
city  or  town  for  the  six  months  next  preceding  the  elec- 
tion at  which  he  claims  the  right  to  vote.  The  assessors 
shall  give  the  applicant  a  certificate  stating  that  he  has 
complied  with  the  provisions  of  this  section  :  provided, 
however,  that  in  the  city  of  Boston  no  person  shall  be 
assessed  as  above-provided  later  than  the  first  day  of 
October. 

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

Approved  May  7,  1898. 


ChapA02 


Bureau  of 
BtatisticB  of 
labor  to  investi- 
gate subject  of 
Sunday  labor. 


Results  to  be 
incorporated  in 
annual  report. 


An  Act  providing  for  an  investigation  of  Sunday  labor. 
Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  bureau  of  statistics  of  labor  is  hereby 
directed  to  investigate  the  subject  of  Sunday  labor  in  this 
Commonwealth,  with  respect  to  the  number  of  persons 
employed,  the  conditions  of  employment,  and  other  facts 
relating  thereto. 

Section  2.  The  said  bureau  shall  incorporate  in  its 
annual  report  to  the  legislature  the  results  of  the  inves- 
tigation authorized  by  this  act,  and  the  sum  of  three  thou- 
sand dollars  shall  be  paid  out  of  the  treasury  of  the  Com- 
monwealth for  the  purpose  of  carrying  out  the  provisions 
of  this  act,  to  be  expended  under  the  direction  of  the 
chief  of  said  bureau. 

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

Approved  May  10,  1898. 


Acts,  1898.  —  Chaps.  403,  404.  345 


An  Act  to  authorize  the  town  of  watertown  to  incur  in-  f^h/jiD  40S 

DEBTEUNESS     BEYOND     THE    LIMIT    FIXED    BY    LAW,    FOR    SCHOOL  "' 

PURPOSES. 

Be  it  enacted,  etc. ,  as  foUmos : 

Section  1.     The  town  of  Watertown,  for  the  purpose  May  incur 
of  purchasing  or  acquiring  land  for  the  location  of  a  new  b°eyMd1iTbT 

limit  for  I 
purposeB 


schoolhouse  and  for  the  purpose  of  erecting  and  furnish-  ''■ni'' for  school 
ing  such  schoolhouse  and  grading  the  grounds  around 
the  same,  may  incur  indebtedness  to  an  amount  not  ex- 
ceeding forty  thousand  dollars,  but  the  land  so  purchased 
or  acquired  shall  not  exceed  in  area  fifty  thousand  square 
feet. 

Section  2.     Said  town  is  hereby  authorized  to  issue,  May  issue 
for  the  indebtedness  incurred  under  this  act,  the  negoti-  notes 'eti! 
able  notes  of  the  town,  payable  in  such  annual  payments 
as  the  selectmen  and  town  treasurer  may  determine,  and 
which    shall  extinguish   said  indebtedness  in   ten   years 
from  the  passage  of  this  act. 

Section  3 .     The  indebtedness  incurred  under  this  act  ^ot  to  be  con- 

11,  .1  -11  1  I'T  ••  sidered  in  de- 

shall  not  be  considered  or  reckoned  in  determining  the  termining  debt 

authorized  limit  of  indebtedness  of  said  town  under  the 
provisions  of  section  four  of  chapter  twenty-nine  of  the 
Public  Statutes  and  of  acts  in  amendment  thereof. 

Section  4.     Except  as  herein  otherwise  provided  the  certain  pro- 
provisions  of  chapter  twenty-nine  of  the  Public  Statutes  to"pp*iy.  ''^ 
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  May  10,  1S98. 


ChapA04: 


Ax  Act  to  authorize  street  railway  companies  to  acquire 

LAND   FOR    THE     AVOIDANCE    OF    GRADE    CROSSINGS     WITH    RAIL- 
ROADS. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     A  street  railway  company,  for  the  pur- street  railway 

f.  !•  !•       •        J.'  •  ^  •!  1    companies  may 

avoiding  or  eliminating  a  crossing  oi  a  railroad  tai^e  land  for 

by  its  railway  at  grade,  may  purchase  or  otherwise  take  gradl^'ci^oJi^nga 

land  necessary  therefor,  not  exceeding  fifty  feet  in  width,  with  railroads. 

outside  the  limits  of  a  public  way  :  provided,  that  no  land  Pi'oviso- 

shall  l)e  so  taken  which  cannot  lawfully  be  taken  for  the 

laying  out  of  a  railroad  ;  nor  until  a  })lan,  made  on  an 

appropriate  scale  and  sliowing  by  metes  and  bounds  the 

land  proposed  to  be  purchased  or  taken,  with  the  names 


346 


Acts,  1898.  —  Chap.  404. 


Description  of 
land  to  be  filed, 
etc. 


May  construct 
its  railway  over 
or  Tinder  a 
railroad,  etc. 


ProviBO. 


Certain  struct- 
ures, etc.,  may 
be  authorized. 


Proviso. 


To  be  subject 
to  certain  pro- 
visions of  law. 


of  the  owners  thereof,  after  notice  to  such  owners,  and 
after  a  public  notice  and  hearing  such  as  are  required  in 
case  of  a  location  of  a  street  railway  upon  a  public  way, 
has  been  approved  in  writing  by  the  board  of  aldermen 
of  the  city  or  selectmen  of  the  town  in  which  the  land  is 
situated ;  nor  shall  the  land  of  a  railroad  company  or  of 
another  street  railway  company  be  so  taken  against  the 
consent  of  such  company,  without  the  approval,  after 
notice  and  hearing,  of  the  board  of  railroad  commis- 
sioners. 

Section  2.  A  deed  or  description,  with  a  plan  of  the 
land  so  purchased  or  taken,  shall  be  filed  in  the  registry 
of  deeds  for  the  county  or  district  in  which  the  land  is 
situated  ;  and  the  provisions  of  the  general  laws  relative 
to  the  assessment  and  payment  or  recovery  of  damages 
for  lands  and  other  property  taken  for  railroad  purposes 
shall  apply  with  respect  to  all  lands  and  property  taken 
under  the  provisions  of  this  act. 

Section  3.  A  street  railway  company  which  has  so 
acquired  land  for  the  purpose  may  construct  its  railway 
over  or  under  a  railroad,  in  the  manner  agreed  by  the 
companies,  or,  if  they  do  not  agree,  in  a  manner  pre- 
scribed by  the  board  of  railroad  commissioners  ;  pro- 
vided, that  no  overhead  structure  shall  be  built  at  a  height 
of  less  than  eighteen  feet  above  a  railroad  track,  without 
the  consent  in  writing  of  said  board. 

Section  4.  The  board  of  aldermen  of  a  city  or  the 
selectmen  of  a  town  may  authorize  structures  or  altera- 
tions within  or  partly  within  the  limits  of  a  public  way, 
necessary  for  carrying  a  street  railway  over  or  under  a 
railroad  :  jn'ovided,  that  the  public  way  is  not  thereby 
made  unsafe  for  other  public  travel,  and  that  in  the  case 
of  a  state  highway  the  consent  of  the  Massachusetts  high- 
way commission  shall  also  be  o])tained. 

Section  5.  A  street  railwa}^  company  whose  railway 
is  located  in  part  outside  the  limits  of  public  ways  shall, 
with  respect  to  the  equipment,  use  and  operation  of  its 
railway  and  transportation  thereon,  be  subject  to  the 
provisions  of  all  general  laws  now  or  hereafter  in  force 
relating  to  street  railways  and  street  railway  companies, 
as  fully  as  if  its  railway  were  located  wholly  within  the 
limits  of  public  ways. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  10,  1898. 


Acts,  1898.  — Chaps.  405,  406,  407.  347 


An  Act  to   legalize   and   confirm   certain  proceedings   of  Qlin/n  4Q5 

THE   TOWN   OF  LEXINGTON.  " 

Be  it  enacted,  etc.,  asfolloios: 

Section  1 .     The   action   of  the   town   of  Lexington  certain  pro. 
taken  at  a  meeting  of  said  town  held  on  the  fifth  day  of  townolVexing- 
Februaiy   in   the   year   eighteen   hundred   ninety-eight,  ^on  legalized. 
relative  to  the  acceptance  of  chapters  five  hundred  and 
four  and  five  hundred  and  twenty  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-seven,  entitled  respectively, 
"  An  Act  to  authorize  the  town  of  Lexington  to  construct 
a  system  of  sewerage  ",  and  "  An  Act  to  provide  for  the 
addition  of  a  portion  of  the  town  of  Lexington  to  the 
metropolitan  sewerage  system",  and  the  action  of  said 
town  in  electing  by  ballot  at  its  annual  meeting  in  March 
in  the  year  eighteen  hundred  and  ninety-eight  a  board  of 
sewer  commissioners  under  the  provisions  of  the  first- 
named  chapter,  are  hereby  legalized  and  confirmed. 

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

Approved  May  11,  1898. 


Cha2)A06 


An  Act  to  authorize  the  city  of  boston  to  pay  a  sum  op 
money    to    mary    jane    murphy,    widow    of    daniel     f. 

MURPHY. 

Be  it  enacted,  etc.,  nsfoUoivs: 

Section  1.     The  city  of  Boston  is  hereby  authorized  ^^^°J^^ 
to   pay  to   Mary   Jane   Murphy,    widow    of  Daniel    F.  Murphy. 
Murphy  late  a  member  of  the  police  department  of  said 
city,  the  balance  of  the  salary  to  which  he  would  have 
been  entitled  had  he  lived  and  continued  to  serve  as  a 
police  officer  until  the  close  of  the  present  fiscal  year. 

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

Approved  May  11,  1898. 


ChapAOri 


An   Act   to    authorize   the    formation   of    additional   com 
panies  of  the  naval  militia. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     In  addition  to  the  companies  of  the  militia  Additional 
provided  for  in  section  twentv-two  of  chapter  three  hun-  nal"anniMUa 
dred  and  .sixty-seven  of  the^cts   of  the  year   eighteen  """^  ^'^  ^"""''^• 
hundred  and  ninety-three  there  may  be  formed  as  many 
companies  of  naval  militia,  not  exceeding  four  in  number, 


348 


Acts,  1898.  — Chap.  408. 


To  be  attached 
to  naval  bri- 
gade, etc. 


Additional 
officers  to  be 
elected. 


Certain  officers 
may  be 
appointed,  etc. 


Additional 
companies  maj* 
be  disbanded. 


Repeal. 


as  in  the  discretion  of  the  commander-in-chief  shall  from 
time  to  time  be  necessary. 

Section  2.  Such  additional  companies  shall  be  at- 
tached and  added  to  the  naval  brigade  as  separate  com- 
panies or  as  additional  companies,  in  either  or  in  both  of 
the  battalions  of  the  naval  brigade,  or  as  a  separate 
battalion,  as  the  commander-in-chief  may  designate. 

Section  3.  The  commander-in-chief  shall  order  the 
election  of  such  additional  officers  as  may  from  time  to 
time  be  necessary  by  reason  of  any  increase  in  the  num- 
ber of  companies  in  the  naval  brigade. 

Section  4.  The  commander-in-chief  may  appoint  and 
commission  for  service  with  the  naval  brigade  or  with 
such  separate  battalion,  one  additional  assistant  pay- 
master and  two  additional  assistant  surgeons. 

Section  5.  The  commander-in-chief  may  at  any  time 
disband  any  company  or  companies  provided  for  in  this 
act  if  it  is  found  that  their  services  are  no  longer  re- 
quired. 

Section  6.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Section  7.     This  act  shall  take  eifect  upon  its  passage. 

Approved  May  11, 1898. 


May  incur 
indebtedness 
beyond  debt 
limit,  issue 
bonds,  etc. 


ChaV  408  ^'^  -^^^  '^^  authorize  the  city  of  LAWRENCE  TO  INCDR  IN- 
DEBTEDNESS  BEYOND  THE  LIMIT  FIXED  BY  LAW,  FOR  THE  CON- 
STRUCTION OF  NEW  SCHOOLHOUSES, 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Lawrence,  for  the  purposes  of  the  con- 
struction of  a  new  high  school  building  in  said  city  and 
the  purchase  of  land  therefor,  may  incur  indebtedness 
beyond  the  limit  fixed  by  law  to  an  amount  not  exceed- 
ing two  hundred  thousand  dollars,  and  may  issue  bonds, 
notes  or  scrip  therefor.  Said  bonds,  notes  or  scrip  shall 
be  payable  within  such  period,  not  exceeding  twenty-five 
years  from  the  date  thereof,  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  indebtedness 
hereby  authorized  and  to  the  securities  issued  therefor. 

Approved  May  11,  1898. 


Acts,  1898.  — Chap.  409.  349 


An  Act  making   appropriations   for  the  soldiers'  home  in  /^^^*j  aqC) 
Massachusetts,  the  Massachusetts  charitable  eye  and  ear  ■^' 

infirmary,  and  for  certain  other  expenses  authorized  by 

LA^V. 

Be  it  enacted.^  etc.,  as  follows: 

SECTION  1.     The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  l)e  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
to  wit ;  — 

For  an  additional  clerk  in  the  office  of  the  chief  of  the  Additional 
district  police,  as  authorized  by  chapter  two  hundred  and  0/0^6°  ofdfs- 
nineteen  of  the  acts  of  the  present  year,  a  sum  not  ex-  ^"'='  i'^''"*'- 
ceeding  four  hundred  and  seventy-five  dollars. 

For  an  assistant  register  of  probate  and  insolvency  for  Assistant 
the  county  of  Hampden,  as  authorized  by  chapter  two  pibateand 
hundred  and  thirty-four  of  the  acts  of  the  present  year,  a  Hampde? ' 
sum  not  exceeding  seven  hundred  and  seventy-five  dol-  coun'y- 
lars. 

For  the  salary  of  the  second  assistant  district  attorney  second  assist- 
for  the  Suffolk  district,  as  authorized  by  chapter  two  attorney  for 
hundred  and  thirty-five  of  the  acts  of  the  present  year,  ®"^°^'^  district. 
the  sum  of  eight  hundred  dollars,  the  same  to  be  in  addi- 
tion to  the  twenty-five  hundred  dollars  appropriated  by 
chapter  sixteen  of  the  acts  of  the  present  year. 

For  the  salaries  and  expenses  of  four  additional  mem-  Additional 
bers  of  the  boiler  inspection  department  of  the  district  ™o1™rrn*8pec. 
police,  as  authorized  by  chapter  two  hundred  and  sixty-  of°di8fr^cr"^°* 
one  of  the  acts  of  the  present  year,  a  sum  not  exceeding  police. 
fifty-five  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency  judge  of  pro- 
for  the  county  of  Berkshire,  as  authorized  by  chapter  two  venty"Be?k°^' 
hundred  and  eighty  of  the  acts  of  the  present  year,  a  sum  shire  county. 
not  exceeding  seven  hundred  dollars,  the  same  to  be  in 
addition  to  the  eighteen  hundred  dollars  appropriated  by 
chapter  sixteen  of  the  acts  of  the  present  year. 

For  the  pavment  of  the  expenses  of  the  state  board  of  ^*'**«'  ^"""^^t?! 

,  >■     ^  '  bar  exarnitiers. 

bar  examiners,  as  authorized  by  chapter  three  hundred 
and  twelve  of  the  acts  of  the  present  year,  a  sum  not  ex- 
ceeding one  thousand  dollars. 

For  plans,  the  necessary  building  and  appliances,  and  ^^.'^^jor^*' 
such  other  expenses  as  mav  be  necessarv  to  prepare  for  infliction  of 

..-,..  /.     1  •    1      ■  /.I  1  •  T      1    /•         punishment  of 

the  mfliction  of  the  punishment  of  death,  as  provided  tor  death. 


350 


Acts,  1898.  — Chap.  409. 


Clerical 
assietance. 


Aide,  etc.,  in 
office  of  state 
fire  marshal. 


General 
Buperintendent 
of  prisons. 


Mafisachusetts 
reformatory. 


Reformatory 
prison  for 


Steamer  for 
enforcement  of 
fish  and  game 
laws. 


Convention  of 
farmers' 
national  con> 
gress. 


Additional 
copies  of  tenth 
report  of  com- 
missioner of 
public  records. 


Dedication  of 
monument  on 
battlefield  of 
Antietam. 


by  chapter  three  hundred  and  twenty-six  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  seventy-five  hun- 
dred dollars. 

For  clerical  assistance  for  the  register  of  probate  and 
insolvency  for  the  county  of  Middlesex,  as  authorized  by 
chapter  three  hundred  and  thirty-two  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  one  thousand  dollars, 
the  same  to  be  in  addition  to  the  thirty-five  hundred 
dollars  appropriated  by  chapter  sixteen  of  the  acts  of  the 
present  year. 

For  the  salaries  of  two  aids  and  one  chief  of  secret  ser- 
vice in  the  ofiice  of  the  state  fire  marshal,  to  the  twelfth 
day  of  April  in  the  year  eighteen  hundred  and  ninety- 
eight,  a  sum  not  exceeding  eight  hundred  and  seventy- 
five  dollars. 

For  incidental  and  contingent  expenses  of  the  general 
superintendent  of  prisons,  as  authorized  by  chapter  three 
hundred  and  thirty-four  of  the  acts  of  the  present  year,  a 
sum  not  exceeding  eight  hundred  dollars,  the  same  to  be 
in  addition  to  the  five  hundred  dollars  appropriated  by 
chapter  eight  of  the  acts  of  the  present  year. 

For  the  purchase  of  additional  land  and  for  certain  re- 
pairs at  the  Massachusetts  reformatory,  as  authorized  by 
chapter  twenty-seven  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  nine  thousand  dollars. 

For  certain  repairs  at  the  reformatory  prison  for 
women,  as  authorized  by  chapter  twenty-eight  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  twenty- 
six  hundred  and  fifty  dollars. 

For  jirocuring  a  steamer  to  be  used  for  the  enforcement 
of  the  fish  and  game  laws,  as  authorized  by  chapter  thirty 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
fifty  thousand  dollars. 

For  the  payment  of  certain  expenses  of  the  annual  con- 
vention of  the  farmers'  national  congress  to  be  held  in 
the  year  eighteen  hundred  and  ninety-nine,  as  authorized 
by  chapter  thirty-one  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  one  thousand  dollars. 

For  printing  five  hundred  additional  copies  of  the  tenth 
report  of  the  commissioner  of  public  records,  as  author- 
ized by  chapter  thirty-two  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  fifty  dollars. 

For  expenses  in  connection  with  the  dedication  of  the 
monument  erected  by  the  Commonwealth  on  the  battle- 
field of  Antietam,  as  authorized  by  chapter  thirty-three 


Acts,  1808.  — Chap.  409.  351 

of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
thirty-five  hundred  dolhirs. 

For   the  Myles    Standish   Monument  Association,   as  Myies  standish 
authorized  by  chapter  thirty-six  of  the  resolves  of  the  A^s^o'cuuo'n. 
present  year,  a  sum  not  exceeding  five  thousand  dollars. 

For  certain  improvements  at  the  Taunton  lunatic  hos-  Taunton  luna- 
pital,  as  authorized  by  chapter  thirty-seven  of  the  resolves  ^'^  ^°^p'^^^- 
of  the  present  year,  a  sum  not  exceeding  two  thousand 
dollars. 

For  Frank  A.  Newell,  as  authorized  by  chapter  thirty-  Prank  a. 
eight  of  the  resolves  of  the  present  year,  the  sum  of  ^^'^®"- 
forty  dollars. 

For  expenses  in  connection  with  an  examination  of  the  Boundary 
boundary  line  between  the  Commonwealth  of  Massachu-  MTsiaciruTetts 
setts    and   the   state  of  Connecticut,   as    authorized   by  "ndconnecu. 
chapter  thirty-nine  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  five  hundred  dollars. 

For  the  purchase  of  suitable  apparatus  for  the  practical  fxumination^o'^f 
examination  of  engineers  and  firemen,  as  authorized  by  engineers  and 
chapter  forty  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  twenty-five  hundred  dollars. 

For  the  mother  of  the  late  James  E.  Hayes,  as  author-  Mother  of 
ized  by  chapter  forty-one  of  the  resolves  of  the  present  ua'^es. 
year,  the  sum  of  seven  hundred  and  fifty  dollars. 

For  Annie  E.  Fitzgerald,  as  authorized  by  chapter  Annie  e. 
forty-two  of  the  resolves  of  the  present  year,  the  sum  '  ^^^'^'^ 
of  one  hundred  dollars. 

For   erecting   cook   houses   on   the    camp    ground    at  J^'ncampTround 
Framingham,  as  authorized  by  chapter  fifty-one  of  the  at  Framingham, 
resolves  of  the  present  year,  a  sum  not  exceeding  thirty- 
two  hundred  dollars. 

For  the  establishment  of  an  electric  light  plant  at  the  Electric  light 
state  prison,  as  authorized  by  chapter  fifty-four  of  the  p^Bon^.*  **'''^ 
resolves  of  the  present  year,  a  sum  not  exceeding  thir- 
teen thousand  dollars. 

For  the  v)urchase  of  equipment  for  the  first  regiment  Equipment  for 

I  I'll!  n  f  •  c    first  regiment 

of  heavy  artillery,  as  authorized  by  chapter  fifty-six  of  of  heavy  anii- 
the  resolves  of  the  present  year,  a   sum  not  exceeding  ^"^^^ 
thirty-five  hundred  dollars. 

For  the  construction  of  a  new  school  building  at  the  Lyman  echooi 
Lyman  school  for  bo3^s,  as  authorized  by  chapter  fifty-   ""^  °^** 
seven  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding twenty-five  thousand  dollars. 

For  jn-intingthe  report,  with  appendices,  of  the  special  ;|^fe^°.^[  °onj. 
committee  appointed  to  investigate  the  subject  of  the  re-  'ni"ee  on  reia- 


352 


Acts,  1898.  — Chap.  409. 


tioas  between 
cities  and  towns 
and  street  rail- 
way corpora- 
tions. 


Publication 
of  proceedinnfs 
commemorating 
centennial  of 
Bulfinch  stale 
house. 

Establishment 
of  a  fish  hatch- 
ery in  Berkshire 
County. 


Minnie  E. 
Squire. 


Eben  8.  Curtis. 


Purchase  of 
land  at  West- 
borough  insane 
hospital. 


Massachusetts 
Charitable 
Eye  and  Ear 
Infirmary. 


Massachusetts 
School  for 
Feeble-minded. 


Massachusetts 
School  for 
Feeble-minded. 


Hobart  W. 
Cumraings. 


Printing  Brad- 
ford's history  of 
the  Plymouth 
plantation. 


lations  between  cities  and  towns  and  street  railway  cor- 
porations, as  authorized  by  chapter  fifty-eight  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  seven 
hundred  dollars. 

For  the  publication  of  the  proceedings'  commemorating 
the  centennial  of  the  Bulfinch  state  house,  as  authorized 
by  chapter  fifty-nine  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  two  thousand  dollars. 

For  the  establishment  of  a  fish  hatchery  in  the  county 
of  Berkshire,  as  authorized  by  chapter  sixty  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  twenty- 
five  hundred  dollars. 

For  Minnie  E.  Squire,  as  authorized  by  chapter  sixty- 
one  of  the  resolves  of  the  present  year,  the  sum  of  one 
thousand  dollars. 

For  Eben  S.  Curtis,  as  authorized  by  chapter  sixty-two 
of  the  resolves  of  the  present  year,  the  sum  of  twenty- 
five  hundred  dollars,  to  be  paid  out  of  the  Metropolitan 
Parks  Loan  Fund. 

For  the  purchase  of  land  at  the  Westborough  insane 
hospital,  as  authorized  by  chapter  sixty-three  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  forty- 
four  hundred  forty-two  dollars  and  thirty-two  cents. 

For  the  Massachusetts  Charitable  Eye  and  Ear  In- 
firmary, as  authorized  by  chapter  sixty-four  of  the  re- 
solves of  the  present  year,  the  sum  of  twenty-five 
thousand  dollars. 

For  certain  improvements  at  the  Massachusetts  School 
for  the  Feeble-minded,  as  authorized  l)y  chapter  sixty- 
five  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding three  thousand  dollars. 

For  the  Massachusetts  School  for  the  Feeble-minded, 
as  authorized  by  chapter  sixty-six  of  the  resolves  of  the 
present  year,  the  sum  of  ten  thousand  dollars,  the  same 
to  be  in  addition  to  the  twenty-five  thousand  dollars 
appropriated  by  chapter  twenty-five  of  the  acts  of  the 
present  year. 

For  Hobart  W.  Cummings,  as  authorized  by  chapter 
sixty-seven  of  the  resolves  of  the  present  year,  the  sum 
of  one  hundred  and  eighteen  dollars. 

For  printing  Bradford's  history  of  the  Plymouth  j)hiii- 
tation,  as  authorized  by  chapter  sixty-eight  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  twenty- 
five  hundred  dollars,  the  same  to  be  in  addition  to  the 


Soldiers'  Home. 


Acts,  1898.  — Chap.  410.  353 

sum  provided  for  in  cliapter  ninety-one  of  the  resolves 
of  the  year  eighteen  hundred  and  ninety-seven. 

For  John  C.  Irish,  as  authorized  by  chapter  sixty-nine  John  c.  Irish. 
of  the  resolves  of  the  present  year,  the  sum  of  two  hun- 
dred and  fifty  dollars. 

For  printing  the  report  of  the  commissioners  appointed  ofiora^milswl^ 
to  inquire  into  the  expediency  of  revising  and  amending  ers  ou  ex^pe- 
the  laws  of  the  Commonwealth  relating  to  taxation,  as  revising,  etc , 
authorized  by  chapter  seventy  of  the  resolves    of  the  taratio^n!*^"^  '° 
present  year,  a  sum  not  exceeding  three   hundred  and 
tifty  dollars. 

For  the  Trustees  of  the  Soldiers'  Home  in  Massachu-  Trustees  of 
setts,  as  authorized  by  chapter  seventy-two   of  the  re- 
solves of  the  present  year,  the  sum  of  thirty-five  thou- 
sand dollars. 

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

Approved  May  11,  1898. 

Ax  Act  to  establish  a  board  of  art  commissioners  for  the  QJidj)  4I Q 

CITY  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     An  art  department  is  hereby  established  Board  of  art 

,  iii/«i  commissioners 

m  the  city  of  Boston,  to  be  under  the  charge  of  a  board  ofcityofBos- 
of  five  art  commissioners,  all  of  whom  shall  be  citizens  meAt"'terms,' 
of  the  city  of  Boston,  to  be  appointed  by  the  mayor  of  ®'*^' 
said  city,  without  confirmation.  Said  mayor  shall,  in  the 
year  eighteen  hundred  and  ninety-eight,  appoint  one  mem- 
ber of  said  board  to  serve  for  the  term  of  five  years,  one 
for  the  term  of  four  years,  one  for  the  term  of  three 
years,  one  for  the  term  of  two  years  and  one  for  the 
term  of  one  year,  each  term  beginning  with  the  first  day 
of  May  in  said  year  ;  and  thereafter  said  mayor  shall,  on 
or  before  the  first  day  of  May  of  each  year,  appoint  one 
member  of  said  board  to  serve  for  the  term  of  five  years 
t)eginning  with  said  day.  The  members  of  said  board 
shall  be  appointed  by  the  mayor  as  follows  :  —  One  from 
a  list  of  three  persons  selected  by  the  trustees  of  the 
Museum  of  Fine  Arts,  one  from  a  list  of  three  persons 
selected  by  the  trustees  of  the  Boston  Public  Library, 
one  from  a  list  of  three  persons  selected  by  the  trustees 
of  the  Massachusetts  Institute  of  Technology,  one  from 
a  list  of  three  persons  selected  by  the  Boston  Art  Club 
and  one  from  a  list  of  three  persons  selected  by  the  Bos- 


354 


Acts,  1898.  — Chap.  410. 


May  appoint  a 
eecretarj'. 


"Works  of  art  to 
be  approved  by 
board,  etc. 


Removal,  etc., 
of  existing 
works  of  art. 


May,  upon 
request,  act  in  a 
similar  capacity 
in  respect  to 
municipal 
buildings,  etc. 


Certain  power 
of  park  com- 
missioners not 
impaired. 


ton  Society  of  Architects  ;  and  whenever  the  term  of  a 
member  of  said  board  appointed  from  such  a  list  expires 
the  mayor  shall  appoint  his  successor  from  a  list  selected 
by  the  body  which  made  the  original  selection  as  afore- 
said. The  members  of  said  board  shall  serve  without 
compensation.  Said  board  may  appoint  a  secretary  out- 
side of  its  own  membership,  Avho  shall  serve  without 
compensation. 

Section  2.  .  Hereafter  no  work  of  art  shall  become  the 
property  of  said  cit}'  by  purchase,  gift  or  otherwise,  un- 
less such  work  of  art  or  the  design  for  the  same,  together 
with  a  statement  of  the  proposed  location  of  the  same, 
shall  first  have  been  submitted  to  and  approved  by  said 
board,  acting  by  a  majority  of  all  its  members  ;  nor  shall 
any  work  of  art  until  so  approved  be  erected  or  placed 
in,  over  or  upon,  or  allowed  to  extend  in,  over  or  upon 
any  street,  avenue,  square,  place,  common,  park,  mu- 
nicipal building  or  other  public  place  under  the  control 
of  said  city  or  any  department  or  officer  thereof.  No 
existing  work  of  art  in  the  possession  of  said  city  shall 
be  removed,  relocated  or  altered  in  any  way  without  the 
similar  approval  of  said  commission,  and  any  such  work 
of  art  shall  be  removed,  relocated  or  altered  in  any  way 
that  may  be  ordered  by  a  vote  passed  and  approved  in 
writing  by  all  the  members  of  said  commission,  and  also 
approved  by  the  mayor. 

Section  3.  When  so  requested  by  the  mayor  or  the 
city  council  said  commission  may  in  its  discretion  act  in 
a  similar  capacity,  with  similar  powers,  in  respect  to  the 
design  of  any  municipal  building,  bridge,  approach,  lamp, 
ornamental  gate  or  fence,  or  other  structure  erected  or 
to  be  erected  upon  land  belonging  to  the  city,  and  in 
respect  to  any  arch,  bridge,  structure  or  approach  which 
is  the  property  of  any  corporation  or  individual,  and  ex- 
tends in,  over  or  upon  any  street,  avenue,  highway,  park 
or  public  place  ;  but  this  section  shall  not  apply  to  struct- 
ures authorized  to  be  erected  under  the  provisions  of 
chapter  five  hundred  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-seven,  and  shall  not  be  construed  as 
intended  to  impair  the  power  of  the  l)oard  of  park  com- 
missioners of  said  city  to  refuse  its  consent  to  the  erection 
or  acceptance  of  any  public  monument  or  memorial,  or 
other  work  of  art  of  any  sort,  within  any  park  or  public 
place  in  said  city  under  the  jurisdiction  of  said  board. 


Acts,  1898.  — Chap.  411.  355 

Section  4.     The   term    "work  of  art",    as    used    in  Term  "work  oi 
this  act,  shall  apply  to  and  include  all  paintin<:^s,  mural        >  «    «  • 
decorations,  statues,  bas-reliefs,  sculptures,  monuments, 
fountains,  arches,  ornamental  gateways  and  other  struct- 
ures of  a  permanent  character  intended  for  ornament  or 
commemoration. 

Section  5.     If  said  commission  fails  to  decide  upon  Decision  of 
any  matter  submitted  to  it  within  sixty  days  after  such  suit  under  clr". 
submission  its  decision  shall  be  deemed  unnecessary.  ^"'"  "^oi'd'^wns. 

Section  (i.     All  contracts  or  orders  for  the  execution  certain  con- 

/.  •     ,  •  ,  ,     1  1         i       1  T     <»  tracts,  etc.,  to  be 

01  any  pamting,  monument,  statue,   bust,   bas-reliei  or  made  by  board. 
other  sculpture  for  said  city  shall  be  made  by  said  board, 
acting  by  a  majority  of  all  its  members,  subject  to  the 
approval  of  the  mayor. 

Section    7.      Chapter   one   hundred   and    twenty-two  Repeal. 
of  the  acts  of  the  year  eighteen  hundred  and  ninety  is 
hereby  repealed. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  11,  1898. 

An  Act  to  secure  uniformity  in  taking  bail  in  criminal  cases,  /^^/y^i  41 1 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  forty-six  of  chapter  two  hundred  a,nended.^^^' 
and  twelve  of  the  Public  Statutes  is  hereby  amended  by 
adding  at  the  end  thereof  the  following  words  :  —  All 
persons  authorized  to  take  bail  under  this  section  shall 
conform  to  and  be  governed  by  the  rules  established  by 
the  justices  of  the  superior  court,   or  of  the   supreme 
judicial  court,  —  so  as  to  re^ad  as  follows  :  —  Section  46.  er^J^ay'^be**'"' 
A  justice  of  the  supreme  judicial  court  or  superior  court,  '^'jlH^gt"/ '° 
a  standing  or  special  commissioner  appointed  by  either 
of  said  courts,  a  justice  or  clerk  of  a  police,  district,  or 
municipal  court,  a  master  in  chancery,  or  a  trial  justice 
in  any  county,  on  application  of  a  prisoner  held  under 
arrest  or  committed  for  a  bailable  offence,  whether  on  a 
warrant  or  without  one,  or  in  the  custody  of  an  officer 
under  a  mittimus,  may  inquire  into  the  case,  and  admit 
such  prisoner  to  bail ;  and  such  magistrates  may  respec- 
tively admit  to  bail  any  person  committed  for  not  finding 
sureties  to  recognize  for  him.      All  persons  authorized  f,^[^°j:'i^g^,  t^ 
to  take  bail  under  this  section  shall  conform  to  and  be  J;;,';«,;jf,';i'^y''« 
governed  by  the  rules  established  by  the  justices  of  the  certain  rules. 
superior  court,  or  of  the  supreme  judicial  court. 


356  Acts,  1898.  — Chap.  412. 

Tiiiendld.^^^*         Section    2.      Section   forty-nine   of  said    chapter   is 
'  hereby  amended  by  striking  out  the  whole  of  said  section 

Certificates  of  and  inserting  in  place  thereof  the  following  :  —  Section  49. 
When  bail  is  taken  out  of  court  the  person  authorized  to 
take  bail  in  criminal  cases  shall  cause  a  certiticate  to  be 
signed  and  sworn  to  by  each  surety,  which  shall  contain 
the  name,  residence,  including  the  street  and  number  of 
the  dwelling  house,  and  the  occupation  and  place  of  busi- 
ness of  the  surety,  and  a  statement  of  the  nature,  location 
and  value  of  his  property,  and  of  the  incumbrances,  if 
any,  thereon,  the  amount  of  his  indebtedness,  and  all 
other  matters  pertinent  to  the  amount  and  value  of  such 
property,  and  shall  return  a  proper  recognizance  to  the 
proper  court.  If  any  material  statement  in  such  certifi- 
cate is  false  the  person  making  the  same  shall  be  deemed 
to  have  committed  perjury. 

rmfnded'.^^°*  SECTION  3.  Scctiou  fifty  of  Said  chapter  is  hereby 
amended  by  striking  out  the  whole  of  said  section  and 

giverto°dl'8*trict  inserting   in    place   thereof  the  following  :  —  Section  50. 

tain'c"a'8^s"  *^*"^'  W^eu  application  is  made  to  any  person  authorized  to 
take  bail  in  criminal  cases  within  the  county  of  Suffolk, 
to  accept  bail  out  of  court  in  a  case  in  which  no  amount 
has  been  fixed,  he  shall,  if  the  crime  charged  is  beyond 
the  jurisdiction  of  the  municipal  court  of  the  city  of 
Boston,  before  fixing  bail,  cause  notice  of  such  applica- 
tion to  be  given  to  the  district  attorney  or  assistant 
district  attorney  for  the  Suffolk  district,  if  either  of  said 
officers  is  at  the  time  within  said  district. 

Ap2)7'oved  May  11,  1S9S. 

Chcip,4tl2  ^^   ■'^CT    TO    PROVIDE    FOR    A    COMPREHENSIVE     SYSTEM    OF    PLAY- 
GROUNDS  FOR  THE  CITY  OF   150ST0N. 

Be  it  enacted,  etc.,  as  follows: 
niUHioiR^H  may      Section  1 .     Thc  board  of  park  commissioners  of  the 
for  ^^'iT** '''"''    ^i^y  of  Boston,  for  the  purpose  of  estal)lishing  a  coinpre- 
grounds.  hcusive  systcm  of  i)laygrounds  to  meet  the  wants  of  the 

different  sections  of  said  city,  is  hereby  authorized  to 
purchase,  with  the  approval  of  the  mayor  of  said  city, 
land  for  playgrounds  in  such  different  locations,  not  ex- 
ceeding twenty  in  number,  as  they  may  deem  liost  adapted 
Proviso.  £^^  such  purpose  :  provided,  however,  that  not  more  than 

two  hundred  thousand  dollars  shall  be  expended  in  any 
one  year  for  said  purposes. 


Acts,  1898.  — Chaps.  413,  4l4.  357 

Section  2 .  To  meet  the  expenses  incurred  under  this  city  treasurer 
act  the  city  treasurer  of  siiid  city  shall  from  time  to  time,  bonds,  etc.  ' 
at  the  request  of  the  mayor,  issue,  to  the  total  amount 
of  five  hundred  thousand  dollars,  notes,  bonds  or  scrip 
of  said  city,  payable  at  such  time,  not  exceeding  thirty 
years  from  their  date,  and  bearing  interest  at  such  rates 
not  exceeding  four  per  cent,  per  annum,  and  such  interest 
being  payable  at  such  times,  as  shall  be  fixed  by  said 
treasurer ;  and  such  notes,  bonds  or  scrip  shall  be  within 
the  limit  of  indebtedness  of  said  city. 

Section  3.     This  act  shall  take  eft'ect  upon  its  accept-  when  to  take 
ance  by  the  city  council  of  the  city  of  Boston. 

Ajwi'oved  May  11,  1898. 

An    Act    relative    to    the    trustees    of    the    marblehead  njjnj)  41 Q 

ACADEMY.  "' 

Be  it  enacted,  etc.,  as  folloios: 

Section  1 .     The  Trustees  of  the  Marblehead  Academy  certain  real 
are  hereby  authorized  to  convey  to  the  town  of  Marble-  be  conveyed"'*^ 
head  the  real  estate  in  said  town  owned  by  said  corpora-  Ma°bTe°heId, 
tion,  with  the  buildings  thereon  and  the  school  furniture  ®''=' 
therein,  to  be  used  by  said  town  for  educational  purposes  ; 
and  said  town  shall  have  the  same  right  to  manage,  sell 
and  dispose  of  said  property  which  it  now  has  in  respect 
to  other  property  held  by  it  for  school  purposes. 

Section  2.     This  act  shall  take  eflfect  upon  its  accept-  ^|!^° '"  *''''® 
ance  by  The  Trustees  of  the  Marblehead  Academy,  and 
by  the  selectmen  of  the  town  of  Marblehead. 

Approved  May  11,  1898. 

An  Act  relative  to  special  administrators.  (7Aa».414 

Be  it  enacted,  etc.,  as  follows: 

The  probate  court  in  any  county  shall  have  iurisdiction  Probate  court 

.7  1  ,.  1  '111  naay  require 

m  equity,  upon  such  notice  as  may  be  prescribed  by  gen-  special  admin- 
eral  rule  made  under  the  provisions  of  chapter  three  bun-  cer'uui'^Ict"  re- 
dred  and  seventy-two  of  the  acts  of  the  year  eighteen  eny  fn  their^" 
hundred  and  ninety-three,  to  authorize  or  require  any  charge. 
special  administrator  appointed  by  it  to  do   such  acts 
relating  to  any  property  or  estate  in  his  charge  as  such 
administrator,  as  in  the  opinion  of  said  court  the  inter- 
est of  said  property  or  estate  may  require ;  but  nothing 
herein  contained  shall  be  interpreted  as  giving  to  special 
adniiiiistrutors  other  or  greater  powers  than  those  now 


358  Acts,  1898.  —  Chaps.  4l5,  416. 

possessed  })y  tuliuinistrators,  except  that  the  special  ad- 
ministrator may  be  authorized  to  continue  the  business 
of  the  deceased  for  the  benefit  of  his  estate. 

Ajyproved  May  11,  1898. 

Chcip.4:15  -^^  ^'^^'^   KELATIVE  TO   APPROPRIATIONS    BY   THE   CITY   OF   BROCKTON 

FOR   TUE   BROCKTON   HOSPITAL. 

Be  it  enacted,  etc.,  (is  JbUoivs : 
Certain  sum  Section  1 .    Thc  citv  of  BrocktoH  is  hereby  authorized 

may  be  appro-  ^  ^         ^  ^ 

priatcdaniiuaiiy  to  appropriate  iiot  cxcccding  live  tliousand  dollars  a  year 
of  Brockton       toward  the  maintenance    and   support   of  the  Brockton 

hospital.  1  'J.    1 

hospital.  • 
When  to  take  Sectiox  2.  This  act  shall  take  effcct  upou  its  passage 
so  far  as  to  authorize  the  submission  of  the  question  of 
its  acceptance  to  the  voters  of  said  cit}',  but  it  shall  not 
take  further  effect  until  it  shall  be  accepted  by  a  majority 
of  the  voters  of  said  city  voting  thereon  at  the  annual 
city  election  to  be  held  in  said  city  in  the  month  of 
December  in  the  year  eighteen  hundred  and  ninety-eight. 

Approved  May  11  ^  1898. 

Ghci7).^\Q>  ^^  ^'^^  RELATIVE   TO   MARRIED   "WOMEN  DOING   BUSINESS   ON  THEIR 

SEPARATE   ACCOUNT. 

Be  it  enacted,  etc.,  asfoUoios: 

P.  s.  147,  §  n.         Sectiox  1.    Section  eleven  of  chapter  one  hundred  and 

lorty-seven  ot  the  Public  Statutes  is  hereby  amended  by 

inserting  after  the  word  "street",  in  the  seventh  line, 

the  words: — and  the  name  under  which  she  proposes 

to  carry  on  business,  which  shall  not  be  her  husl)and's, 

—  by  inserting  after  the   word   "where",  in  the   same 

line,  the  words:  —  or  the  name  under  which, — and  by 

striking  out  all  of  said  section  after  the  words  "  person 

under",  in  the  seventeenth  line,  and  inserting  in  place 

thereof  the  words: — any  certificate  heretofore  filed  or 

Certain certifi.    rccoi'dcd,  —  SO    as   to   read    as    follows:  —  Section    11. 

recorded  Tn  case  WhcH  a  married  woman  does  or  proposes  to  do  busi- 

woma'ndotng     ^^^^s  Oil  licr  Separate  account,  she  shall  record  in  the 

business  on  her  clcrk's  officc  of  the  citv  or  town  in  which  she  does  or 

Beparate  ac-  •'  .  ,  •  <«        i 

count.  proposes  to  do  such  business  a  certificate  setting  lorth 

her  name  and  that  of  her  husband,  the  nature  of  the 
business,  and  the  place  where  it  is  or  is  proposed  to 
be  carried  on,  giving,  if  practicable,  the  street  and  the 


Acts,  1898.  —  Chaps.  417,  418.  359 

numhov  on  the  street,  and  the  niune  under  which  she 
proposes  to  carry  on  business,  which  shall  not  be  her 
husband's ;  and  when  the  nature  of  the  business  or  the 
place  where  or  the  name  under  which  it  is  carried  on  is 
chaniicd,  a  new  certificate  shall  be  recorded  accordin<;ly. 
If  a  married  woman  fails  to  record  certificates  as  afore- 
said, her  husband  may  record  them  ;  but  if  such  certifi- 
cates are  not  so  recorded  by  either  husband  or  wife,  the 
pro])erty  employed  in  such  business  shall  be  liable  to  be 
attached  as  the  i)roperty  of  the  husband  and  to  l)e  taken 
on  execution  against  him,  and  the  husl)and  shall  be  liable 
upon  all  contracts  lawfully  made  in  the  prosecution  of 
such  business  in  the  same  manner  and  to  the  same  extent 
as  if  such  contracts  had  been  made  by  himself.  The  pro- 
visions of  this  section  shall  not,  however,  affect  the  rights 
of  any  person  under  any  certificate  heretofore  filed  or 
recorded. 

Section  2.    This  act  shall  take  effect  upon  the  first  day  to  take  effect 
of  August  in  the  year  eighteen  hundred  and  ninety-eight.     "^"**  ' 

Approved  May  11,  189S. 

An  Act  kfxative  to  the  taxation  of  street  railway  com-  QJiapAYl 

PANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  provisions  of  sections  thirty-eight  to  certain  pro- 

^  ^    -     ^  visions  of  law 


forty-one,  and  fifty-three  to  sixty-six,  inclusive,  of  chapter  to  apply  to 

'  -  -  -       -   .  street  railv 

companies 


thirteen  of  the  Public  Statutes,  which  are  applicable  to  «'^««' '"'^''^^y 


railroad  companies  whose  lines  are  located  partly  within 
and  partly  without  the  limits  of  this  Commonwealth,  shall 
apply  in  like  manner  to  street  railway  companies,  whether 
chartered  or  organized  in  this  Commonwealth  or  elsewhere. 

Section  2.     This  act  shall  take  eflect  upon  its  passage  Tax  to  be  laid 
and  a  tax  shall  be  laid  and  collected  under  the  provisions  for  the  present 
thereof  for  the  present  year,  in  the  same  manner  and  to  y^'"^-''*'^- 
the  same  effect  as  if  it  had  been  in  force  on  the  first  day 
of  May.  Approved  May  11,  189S. 

An  Act  relative  to  the  expense  of   the  improvements  in  Q/iapAlS 

THE  VALLEYS   OF  THE  CONCORD  AND   SUDBURY  RIVERS. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1.     Section  two  of  chapter  four  hundred  and  ],^„^^;,^^6.  §  2. 
twenty-six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereby  amended  by  striking  out  all  after 


Acts,  ISm.  —  Chaps.  419,  420. 


Improvements 
in  valleys  of 
Concord  and 
Sudbury  rivers, 
apportionment 
of  expenses. 


To  apply  to 
assessment  of 
taxes  for  the 
current  year. 


the  word  "annually",  in  the  fifteenth  line,  and  inserting 
in  place  thereof  the  words  :  —  assess  the  sum  due  to  the 
Commonwealth  during  that  year  on  account  of  the  opera- 
tion of  this  act,  in  the  same  manner  as  the  state  tax  is 
assessed,  —  so  as  to  read  as  follows  :  —  Section  2.  The 
assessors  of  the  towns  of  Sudbury,  Wayland,  Lincoln, 
Concord,  Bedford,  Carlisle  and  Billerica  shall,  on  or  before 
the  first  day  of  May  in  the  year  eighteen  hundred  and 
ninety-five,  make  a  sworn  return  to  the  treasurer  of  the 
Commonwealth  of  the  number  of  acres  of  marsh  land 
within  their  respective  towns  subject  to  fiowage  by  the 
Sudbury  or  Concord  rivers.  The  treasurer  shall  there- 
upon divide  or  apportion  fifty  per  cent,  of  the  expenses 
incurred  under  this  act  among  the  said  towns  in  propor- 
tion to  the  acreage  of  said  marsh  land  in  each.  The  sum 
thus  ascertained  to  be  due  from  each  of  said  towns  to  the 
Commonwealth  shall  be  paid  in  ten  annual  instalments, 
and  each  instalment  shall  be  annually  added  to  and  col- 
lected with  the  state  tax.  The  assessors  in  each  town 
shall  annually  assess  the  sum  due  to  the  Connnonwealth 
during  that  year  on  account  of  the  operation  of  this  act, 
in  the  same  manner  as  the  state  tax  is  assessed. 

Section  2.  This  act  shall  take  effect  upon  its  passage, 
and  shall  apply  to  the  assessment  of  taxes  for  the  current 
year.  Approved  May  11,  1898. 


Chap 


May  issue 
bonds,  notes 
or  scrip,  etc. 


.419  "^^  ^^^  ^^  AUTHORIZE   THE   TOWN  OF   HYDE  PARK   TO   INCUR  ADDI- 
TIONAL  INDEBTEDNESS    FOR    SEWERAGE    PURPOSES. 

Be  it  enacted^  etc.,  as  foUoivs : 

Section  1.  The  town  of  Hyde  Park  is  hereby  author- 
ized to  issue  bonds,  notes  or  scrip,  under  the  provisions 
of  section  nine  of  chapter  two  hundred  and  eighty-seven 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-six, 
to  the  amount  of  one  hundred  thousand  dollars  in  addition 
to  the  amount  provided  for  by  said  section. 

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

Approved  May  11,  1898. 


Chan  420  ^^  ^^^  relative  to  attachments. 

Be  it  enacted,  etc.,  as  follows. • 

^Intl\o%f^'        Section  1.     Every  attachment  made  on  mesne  pro- 
dissoivcdbythe  cess,  of  the  property  of  any  person,  copartnershii)  or 

appointment  of  '  .  i      ii    i  t  i         i     i  .1  •     .  .1 

a  receiver,  etc.    corporation,  shall  DC  dissojvcd    by  tne  appointment  l)y 


Acts,  1898.  — Chap.  42l.  361 

any  court  of  competent  jurisdiction  in  this  Commonwealth 
of  a  receiver  to  take  possession  of  such  property,  if  the 
bill  or  petition  praying  for  the  appointment  of  such  re- 
ceiver is  tiled  in  said  court  within  four  months  after  the 
making  of  such  attachment,  unless  said  court,  in  its  dis- 
cretion, at  any  time,  continues  such  attachment  for  the 
bene  tit  of  the  estate  of  such  person,  copartnership  or 
coriH)ration,  in  which  case  said  court  may  authorize  such 
receiver  to  prosecute,  for  the  benetit  of  said  estate,  the 
action  upon  which  such  attachment  was  made,  and  may 
make  such  further  orders  as  may  be  effectual  to  enable 
such  receiver  to  recover  for  the  benefit  of  said  estate  the 
amount  due  to  the  original  plaintiti"  in  said  action. 

Section  2.     In  case  an  attachment  has  been  dissolved  t^^bldScharged 
in   the   manner  provided    in   the  precedins;  section   the  before  assets 

T  i'         j_i  •  J         /»  •  in  have  been  dis- 

proceedmgs  tor  the  appointment  ot  a  receiver  sliall  not  tributed,  etc 
thereafter  be  dismissed  and  the  receiver  be  discharged  at 
any  time  before  all  the  assets  which  have  come  into  his 
hands  as  such  receiver  have  been  fully  distributed  or  the 
claim  upon  which  the  attachment  was  made  has  been  fully 
paid  and  discharged,  unless  the  debtor,  before  such  dis- 
missal, deposits  in  the  hands  of  the  officer  who  made  such 
attachment  such  sum  of  money  as  the  court  before  which 
such  receivership  proceedings  are  pending  shall,  after 
notice  to  the  attaching  creditor  and  a  hearing,  find 
reasonable  for  the  protection  of  his  claim  in  the  suit  in 
which  the  attachment  was  made,  which  sum  shall  there- 
after be  held  by  the  officer  in  lieu  of  the  property  held 
under  the  attachment  at  the  time  it  was  dissolved,  and 
subject  to  be  disposed  of  in  the  same  manner  as  the 
property  attached  would  have  been  if  the  attachment  had 
not  been  dissolved.  Approved  May  11^  1898. 


ChapA2l 


An  Act  to  authorize  the  commissioners  on  inland  fisheries 

AND   game    to    lease    BLACK    POINT   POND,   LITTLE    BLACK    POINT 
POND  AND   gUP:E»AMES   COVE,  IN   THE  COUNTY   OF   DUKES  COUNTY. 

Be  it  enacted,  etc.,  as  follows : 

Section    1,      The  commissioners   on   inland    fisheries  Thecommis- 
and  game,  or  any  two  of  them,  may,  in  the  name  of  the  fand^fisheriea 
Commonwealth,  lease  for  a  term  not  exceeding  twenty  Je^fso^certaTn"^ 
years,  the  bodies  of  water  known  as  Black  Point  pond,  bodies  of  water 

^  '  '^  '   for  culttvatiug 

Little  Black   Point   pond  and   Queenames  cove,  respec-  food  fish. 
tively,  in  the  county  of  Dukes  County,  and  any  of  the 
arms,  coves  and  bay;*  connected  therewith,  for  the  pur- 


362  Acts,  1898.  — Chap.  422. 

pose  of  cultivating  useful  food  fish,  for  such  time,  to  such 
persons  and  on  such  terms  and  conditions  as  they  may 

Proviso.  judi^e  that  the  public  interest  requires  ;  provided^  that 

nothing  in  this  act  shall  impair  or  abridge  the  right  of 
any  citizen  of  tlie  Commonwealth  to  take  tish  in  said 
ponds  or  in  the  waters  connected  tlierewith,  by  hook  and 
line,  at  such  times  and  under  such  restrictions  and  limita- 
tions as  are  permitted  under  laws  of  the  Commonwealth 
now  or  hereafter  enacted  relating  to  the  taking  of  fish  by 
hook  and  line. 

T'' ^P^^'?  lo-.^        Section   2.     Before  making  such  lease  the  commis- 

time  and  place        .  ,  .  '^ 

forbearing.       sioucrs  shall  appoiut  a  time  and  place  for  a  hearing  upon 
the  application  therefor,  and  shall  give  notice  thereof  to 
the  town  within  whose  limits  the  said  bodies  of  water  lie. 
Iu;L°eorbodhf8      Section  3.     The  town  wdthin   whose  limits  the   said 
of  water,  etc.     bodics  of  watcr  lie  may,  for  the  ])urptse  of  cultivating 
useful  food  fish,  under  such  conditions  and  restrictions 
as  the  commissioners  may  prescribe,  take  a  lease  of  said 
bodies  of  water  and  appropriate  money  therefor. 
maySinifr       Section  4.     The  commissiouers  may  fix  the  limits  of 
of  ponds,  etc.     ^|^q  gj^jtl  poiids  and  the  arms,  coves  and  bays  connected 
therewith,  which  limits  being  recorded  in  the  registry  of 
deeds  for  said  county  shall  be  taken  to  be  the  legal  limits 
thereof  for  all  the  purposes  of  this  act. 
Tf°ieale8?etc°'^^      Section  5.     The  commissioucrs  shall  have  the  custody 
of  all  leases  made  under  the  provisions  of  this  act,  and 
may  cause  any  agreements,  rights,  reservations,  forfeit- 
ures and  conditions   therein   contained  to   be  enforced, 
and  for  that  purpose  may  institute  proceedings  in  the 
name  of  the  Commonwealth,  and   may  take  possession 
of  any  premises  for  breach  of  conditions  of  the  lease, 
and  after  revesting  the  Commonwealth   therewith  may 
again  lease  the  same. 

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

Approved  May  11,  1S98. 

ChapA^^     An  Act  to  incorporate  the  north  cemetery  association. 
Be  it  enacted,  etc.,  asfollotvs: 

Sciaumf""''       Section  1.     Oliver  A.   Felch,   Edwin   Coolidgo,  Joel 

Incorporated.     Y.  Llncolu,  Dauiol  Hunting,  James  H.  Fairbank,  Albert 

Wyman,  Charles  W.  Jennison,  Charles  A.  Jennison,  John 

E."^McCutchins,  Thomas  McCutchins,  William  H.  Clough 

and  George  E.  Dunton,  their  associates  and  successors, 


Acts,  1808.  — Chap.  422.  363 

are  hereby  made  a  corporation  by  tlic  name  of  the  North 
Cemetery  Association,  for  the  purpose  of  acquirino;,  con- 
trollinji",  carinir  for  and  improvino;  certain  ijfounds  known 
as  the  A'orth  CVmetery,  situated  and  lying  within  one  en- 
closure in  the  tt)wn  of  Xatick ;  and  said  corporation  shall 
have  all  the  powers  and  privilcijes  and  be  subject  to  all 
Ihe  duties,  restrictions  and  liabilities  contained  in  all  gen- 
eral laws  which  now  are  or  luay  hereafter  be  in  force  re- 
lating to  such  corporations,  except  as  hereinafter  provided. 

Section  2.     Said  cor])oration  is  hereby  authorized  to  TownofNatick 

■     1  .  1  iij^ix"'!  i  may  transfer  to 

take  possession  and  assume  legal  control  oi  said  cemetery  ;  corporation  its 

and  the  town  of  Natick  is  hereby  authorized  to  transfer  [ntei'^st"n  """^ 

and  conve}"  to  said  corporation,  upon  such  terms  as  may  cemetery,  etc. 

be  agreed  upon,  all  the  right,  title  and  interest  which  it 

has  in  the  lands  which  have  been  purchased  and  set  apart 

for  said  cemetery,  and  in  all  other  estate,  property  rights 

and  tilings  appertaining  thereto,  which  said  town  now  has 

or  is  entitled  to  have,  and  in  and  to  all  moneys  standing 

to  the  credit  of  said  cemetery,  and  all  other  trust  funds 

relating  to  said  cemetery  :  provided,  that  a  majority  of  pi-ovIso. 

the  legal  voters  of  said  town  present  and  voting  shall  vote 

so  to  do  at  a  meeting  called  for  the  purpose.     Said  cor- 

l)oration  shall  hold  the  said  property,  estate  and  rights  for 

the  same  uses  and  purposes  and  charged  with  the  same 

duties  and  liabilities  for  and  subject  to  wdiich  the  same  are 

now  held  by  the  town  of  Xatick ;  and  all  rights  which 

any  persons  have  acquired  in  said  cemetery  shall  remain 

valid  to  the  same  extent  as  if  this  act  had  not  been  passed. 

Section  3.  Any  person  who  now  is  or  may  hereafter  Membership. 
become  a  proprietor  of  a  lot,  by  deed  or  otherwise,  in  the 
land  mentioned  in  section  one  of  this  act,  or  in  land  here- 
after acquired  by  said  corporation,  shall  be  and  become  a 
member  of  said  corporation  ;  and  when  any  person  ceases 
to  be  the  pro[)rietor  of  a  lot  in  the  lands  of  said  corpora- 
tion he  shall  cease  to  be  a  member  thereof. 

Section  4.     Said  corporation  may  acquire  by  gift,  de-  May  acquire 
vise  or  purchase,  and  hold  in  fee,  additional  land  to  the  fioid  ne° essarj' 
extent  of  twenty  acres,  for  the  purpose  of  enlarging  said  erty,°et''c'.'"^"^' 
cemetery  from  time  to  time,  and  may  hold  so  much  per- 
sonal property  as  may  be  necessary  for  the  objects  connected 
with  and  appropriate  to  the  ])urposes  of  said  corporation  ; 
and  said  corporation  is  hereby  authorized  to  take  and  hold  ^Je^t^/g^tc'. 
any  grant,  donation  or  bequest  of  property  upon  trust, 
to  apply  the  same  or  the  income  thereof  for  the  improve- 


mi 


Acts,  1898.  — Chap.  422. 


Grants,  be. 
quests,  etc. 


Office-rB,  elec- 
tiou,  terms,  etc. 


Treasurer  to 
give  bond. 


Records  of  lots, 
etc.,  to  be  kept. 


ment  or  embellishment  of  said  cemetery,  or  for  the  coH- 
striiction,  repair,  preservation  or  renewal  of  any  monu- 
ment, 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 
consistent  with  the  purposes  for  which  said  cemetery  is 
established,  according  to  the  terms  of  said  grant,  dona- 
tion or  bequest ;  and  whenever  any  such  grant,  donation 
or  bequest,  oi*  any  deposit  of  money,  shall  be  made  by 
the  proprietor  of  any  lot  in  said  cemetery  for  the  annual 
repair,  preservation  or  embellishment  of  such  lot  and  the 
erections  thereon,  the  said  corporation  may  giv^e  to  such 
proprietor  or  his  representatives  an  agreement  or  obliga- 
tion, in  such  form  and  upon  such  terms  and  conditions  as 
it  may  establish,  binding  such  corporation  and  its  suc- 
cessors to  preserve  and  keep  in  repair  said  lot  forever,  or 
for  such  period  as  may  be  agreed  upon. 

Section  5.  The  officers  of  said  corporation  shall  con- 
sist of  seven  trustees,  a  clerk,  a  treasurer,  and  such  other 
officers  as  may  be  provided  for  by  the  by-laws.  Such 
officers  shall  be  elected  by  the  corporation  at  a  meeting 
legally  called  for  that  purpose,  and  said  trustees  ishall  in 
the  first  instance  be  chosen  one  for  one  year,  one  for  two 
years,  one  for  three  years,  and  so  on  respectively,  and 
thereafter  one  shall  be  chosen  annually  to  serve  for  seven 
years.  The  other  officers  of  said  corporation  shall  hold 
their  offices  for  the  term  of  one  year  or  until  others  shall 
be  chosen  and  qualified  in  their  place,  unless  otherwise 
provided  in  the  by-laws.  The  treasurer  shall  give  a  bond 
for  the  faithful  discharge  of  his  duties,  in  such  sum  and 
with  such  sureties  as  may  be  required  by  the  by-laws  of 
the  corporation. 

Sectiox  6.  Said  corporation  shall  keep  accurate  rec- 
ords of  all  lots  or  graves  in  said  cemetery,  and  of  all  per- 
sons interred  therein,  sufficiently  detinite  to  identify  such 
persons  and  the  location  of  the  |)lace  of  such  interment, 
which  records  shall  be  at  all  proper  times  subject  to  the 
examination  of  persons  having  an  interest  therein  ;  and 
shall  make  an  annual  report  of  the  progress  of  work  and 
of  the  condition  of  its  affiiirs  to  its  lot  proprietors. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  12, 1898. 


Acts,  1898.  — Chap.  423.  365 


An  Act  relative  to  the  registration  of  voters.  Ohnn  42S 

Be  it  enacted,  etc.y  asfoUotvs: 

Section  1.     Section  fifty-four  of  chapter  four  hundred  an^ondld^^^' 
and  seventeen  of  tlie  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  hereby  amended  by  strii^ing  out  the  whole 
of  said  section  and  inserting  in  phice  thereof  the  follow- 
ing :  —  iSection  54.     If  a  complaint  in  writing  under  oath  complaint  of 
shall  bo  made  in  a  city  fourteen  days  at  least,  or  in  a  town  reef  regi'si'ration 
four  days  at  least,  before  an  election  or  town  meeting,  to  intoVy  regi"!'^ 
the  registrars  by  a  registered  voter,  stating  that  the  com-  *'''^''®- 
plainant  has  reason  to  believe  and  does  believe  that  a  cer- 
tain person  by  him  therein  named  has  been  illegally  or 
incorrectly  registered,  and  setting  forth  the  reasons  for 
such  belief,  the  registrars  shall  examine  into  such  com- 
})laint,   and   if  satisfied   that   there    is    sufficient   ground 
therefor  they  shall  summon  the  person   complained  of  to 
appear  ])efore  them  at  a  certain  place  and  time  before  the 
next  election  or  town  meeting,  to  answer  to  the  matters 
set  forth  in  the  complaint,  and  the  substance  of  the  com- 
plaint and  a  copy  of  this  and  the  following  section  shall 
l)e  set  forth  in  the  summons.     Service  of  the  summons  service  of  sum. 
shall   be  made   by  an   officer   qualified  to   serve  civil  or  ™°"^' 
criminal  process,   not  more  than  fourteen  days  nor  less 
than  forty-eight  hours  before  the  day  named  for  appear- 
ance, by  the  delivery  in  hand  of  a  copy  of  the  summons 
to  the  ])erson  therein  summoned,  or   by  leaving  it  at  the 
place   of  alleged  illegal  or   incorrect    registration,   if  the 
officer  finds  that  such  person   resides  there,  or  if  he  was 
formerly  there  and  has   changed  his  residence  then  the 
summons  shall  be  served  by  leaving  it   at  the  place  to 
which  he  has  moved,  if  it  is  within  the  officer's  jurisdiction 
and  can  be  ascertained  by  inquiry  of  the  landlord  or  of 
his  agent  at  said  place  of  alleged  illegal  or  incorrect  regis- 
tration ;  but  if  the  officer  cannot  make  personal  service, 
and  cannot  ascertain  the  whereabouts  of  the  person  com- 
plained of,  the  copy  of  the  summons  shall  be  left  at  such 
person's   last  and  usual    place    of  abode    known   to   the 
officer ;    and  the  officer  shall  return  the  summons  to  the 
registrars    before  the    day    named    for  appearance,    with 
the  certificate  of  his  doings  endorsed  thereon. 

Section'  2.     Section  fifty-five  of  said  chapter  is  hereby  1893, 4i7,  §  55, 
amended  by  striking  out  the  whole  of  said  section  and  "™^° 


366  Acts,  1898.  — Chap.  424. 

Examination  of  insertinjr  in  place  thereof  the  followino; :  —  Section  55. 

persons,  etc.,        -,.ri  O  l  i    i      /^  i  • 

entry  in  register  \V  hcD  a  per.soii  summoMcd  Dcfore  thc  registrars  of  voters 
name.  to  answer  a  complaint  made  in  accordance  with  the  pre- 

ceding section  appears  before  them  they  shall  examine 
him  under  oath,  and  shall  receive  other  evidence  which 
may  be  offered  in  regard  to  the  matters  set  forth  in  the 
complaint,  and  if  satisfied  that  thc  person  is  properly 
registered  as  a  qualified  voter  they  shall  enter  in  the 
register  a  statement  of  their  determination  upon  the  facts 
required  for  registration.  If  however  the  registrars  are 
satisfied  that  the  person  so  appearing  is  not  a  qualified 
voter  in  the  city  or  town  they  shall  strike  his  name  from 
the  register.  If  a  person  duly  summoned  as  aforesaid 
does  not  appear  as  directed  in  the  summons  the  complain- 
ant shall  produce  sufficient  testimony  to  make  out  a  prima 
facie  case,  and  if  this  is  done  the  name  of  the  person  com- 
plained of  shall  be  stricken  from  the  register ;  Imt  if  such 
person  appears  before  the  registrars  1)efore  the  election  or 
town  meeting  next  ensuino;  and  shows  sufficient  cause  for 
his  previous  non-appearance  the  hearing  shall  be  reopened 
and  the  matter  decided  on  its  merits,  as  determined  from 
the  evidence  presented  on  both  sides.  The  complainant 
and  the  person  complained  of  may  be  represented  by 
counsel,  and  all  witnesses  may  be  cross-examined. 

Approved  May  12,  1898. 

(7AaX>.424  ^^   -^^^  relative    to    the   construction,    maintenance    and 

OPERATION   OF  THE   METROPOLITAN   SEWERAGE   SYSTEM. 

Be  it  enacted,  etc.,  as  folloivs : 
Metropolitan  Section  1.     To  mcct  the  expenses  incurred  under  thc 

Sewerage  Loan.  ,.  /»i  />iiiii-  •  -i 

provisions  of  chapter  four  hundred  and  thirty-nine  ot  thc 
acts  of  the  year  eighteen  hundred  and  eighty-nine  and  of 
acts  in  amendment  thereof,  the  treasurer  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  Commonwealth  and 
under  its  seal,  to  an  amount  not  exceeding  one  hundred 
and  fifty-five  thousand  dollars,  for  a  term  not  exceeding 
thirty-two  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,  ]iayable  semi-annually  on  the 
first  days  of  March  and  September  in  each  year.     Said 


Acts,  1898.  —  Chap.  424.  367 

interest  and  scrip  or  certificates  sliall  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  ]\letropolitan  Sewerage  Loan,   shall  be 
countersigned  by  the  governor  and  shall   be  deemed  a 
pledge  of  the  faith  and  credit  of  the  Commonwealth,  re- 
deemable at  the  time  specified  therein  in  gold  coin  or  its 
equivalent,   and  shall  be  sold  and  disposed  of  at  public 
auction  or  in  such  other  mode  and  at  such  times  and  prices 
and  in  such  amounts  and  at  such  rate  of  interest,  not  ex- 
ceeding four  per  cent,  per  annum,  as  the  governor  and 
council  shall  deem  for  the  best  interests  of  the  Common- 
wealth.    Any  scrip  or  certificates  of  debt  issued  under  the  Tobeanaddi- 
provisions  of  this  act  shall  be  considered  as  an  addition  to  oTioan  a"  tho*/- 
and  shall  become  a  part  of  the  loan  authorized  by  said  4||%\c.^*^^' 
chapter  four  hundred  and  thirty-nine,   and  the  sinking 
fund  established  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  increased  in  the 
following  manner  : — The  treasurer  and  receiver  general  l^yj'^^"*"^ 
shall  from  year  to  year,  beginning  with  the  year  eighteen 
hundred  and  ninety-eight,  apportion  to  said  sinking  fund 
an  amount  sufiicient  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  twenty-fourth  part  of  the 
whole  amount  shall  be  assessed  in  each  of  the  first  three 
years,    beginning   with  the  year   eighteen   hundred  and 
ninety-eight ;    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,  beginning 
with  the  year  nineteen  hundred  and  eleven,  and  the  re- 
mainder shall  be  ecjually  divided  in  the  remaining  years, 
beginning  with  the  year  nineteen  hundred  and  twenty-one. 
Any  premium  realized  from  the  sale  of  said  scrip  or  cer- 
tificates of  debt  shall  ho  applied  to  the  payment  of  the 
interest  on  said  loan  as  it  accrues. 

Section  2.     Each  of  the  cities  and  towns  hereinafter  rroportions  to 
named  shall  in  the  years  eighteen  hundred  and  ninety-  tain  cltiesVnT 
eight,    eighteen  hundred   and   ninety-nine   and   nineteen  ^°'''°*' 
hundred,  ])ay  money  into  the  treasury  of  the  Common- 
wealth to  meet  the  interest  and  sinking  fund  requirements 
for  each  of  said  years,  as  estimated  by  said  treasurer,  in 
the  following  proportions,  to  wit:  —  Arlington,  two  and 


368 


Acts,  1898.  —  Chap.  424. 


Proportions  to 
be  paid  by  cer- 
tain cttieH  and 
towns. 


ComralsBlonerB 
to  determine 
proportion  lo  be 
paid  by  each 
city  and  town, 
appointment, 
etc. 


Commissioners 
to  be  appointed 
every  five 
years,  etc. 


seventy-four  one  hundredths  per  cent.  ;  Belmont,  one 
and  thirty  one  hundredths  per  cent. ;  Boston,  eighteen 
and  ninety-six  one  hundredths  per  cent.  ;  Cambridge, 
twenty-six  and  nineteen  one  hundredths  per  cent.  ;  Chel- 
sea, seven  and  thirty-seven  one  hundredths  per  cent. ; 
Everett,  four  and  one  one  hundredth  per  cent.  ;  Maiden, 
eight  and  nineteen  one  hundredths  per  cent.  ;  Medford, 
five  and  twenty-nine  one  hundredths  per  cent.  ;  Melrose, 
three  and  twenty-two  one  hundredths  per  cent.  ;  Somer- 
ville,  fourteen  and  thirty-three  one  hundredths  per  cent.  ; 
Stoneham,  one  and  twenty-eight  one  hundredths  per 
cent.  ;  Wakefield,  twenty-eight  one  hundredths  per  cent.  ; 
Winchester,  two  and  twenty  one  hundredths  per  cent.  ; 
Winthrop,  one  and  forty-nine  one  hundredths  per  cent.  ; 
Woburn,  three  and  fifteen  one  hundredths  per  cent.  ;  said 
percentages  being  the  same  reported  to  the  supreme 
judicial  court  by  the  apportionment  commissioners  in  the 
year  eighteen  hundred  and  ninety-six,  and  accepted  by 
said  court. 

Section  3.  The  supreme  judicial  court  sitting  in  equity 
shall  on  application  of  the  board  of  metropolitan  sewerage 
commissioners,  after  notice  to  each  of  the  cities  and  towns 
mentioned  in  this  act,  appoint  three  commissioners,  who 
shall  not  be  residents  of  any  of  the  cities  and  towns  men- 
tioned in  this  act,  who  shall,  after  due  notice  and  hearing 
and  in  such  manner  as  they  deem  just  and  equitable, 
determine  for  said  system  the  proportion  in  which  each 
of  the  cities  and  towns  herein  named  shall  annually  pay 
money  into  the  treasury  of  the  Commonwealth  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  ajiy 
deficiency  in  the  amount  ])rcviously  paid  in,  as  found  by 
said  treasurer,  and  shall  return  their  award  into  said 
court ;  and  when  said  award  shall  have  been  accepted  by 
said  court  the  same  shall  be  a  final  and  conclusive  adjudi- 
cation of  all  matters  herein  referred  to  said  commissioners, 
and  shall  be  binding  on  all  parties. 

Section  4.  Before  the  expiration  of  said  term  of  five 
years,  and  every  five  years  thereafter,  other  commissioners, 
who  shall  not  be  residents  of  any  of  the  cities  or  towns  men- 
tioned in  this  act,  shall  be  appointed  as  aforesaid,  upon 
application  of  said  board  as  aforesaid,  who  shall  in  such 
manner  as  they  deem  just  and  equitable  determine  the 


Acts,  1898.  — Chap.  ^25.  369 

proportion  in  which  t'uch  of  said  cities  and  towns  in  said 
system  shall  annually  pay  money  into  the  treasury  of  the 
Commonwealth  as  aforesaid  for  the  next  succeeding  term 
of  five  years,  and  shall  return  their  award  into  said  court; 
and  when  said  award  shall  have  been  accepted  by  said  court 
the  same  shall  be  a  final  and  conclusive  adjudication  of  all 
matters  herein  referred  to  said  commissioners,  and  shall 
be  bindinsx  on  all  parties. 

Section  5.     The  amount  of  money  required  each  year  Amounts  re- 
from  each  city  and  town  named  in  this  act,  to  meet  the  yea^f rom  ciues 
interest  and  sinking  fund  requirements  and  cost  aforesaid  e"amat'ed'by  '"* 
for  the  system  in  which  in  this  act  it  is  included  for  each  measurer,  etc. 
year,  and  deficiency,  if  any,  shall  be  estimated  by  said 
treasurer  in  accordance  with  the  proportion  determined 
as  aforesaid,  and  shall  be  included  in  and  made  a  part  of 
the  sum  charged  to  such  city  or  town,  and  be  assessed 
upon  it  at  the  time  and  in  addition  to  its  annual  state  tax ; 
and  said  treasurer  shall  in  each  year  notify  each  such  city 
and  town  of  the  amount  of  such  assessment,  which  amount 
shall  be  paid  by  the  city  or  town  into  the  treasury  of  the 
Commonwealth  at  the  time  required  for  the  payment  of  its 
state  tax. 

Sectiox  6.     The  supreme  judicial  court  shall  have  jur-  Enforcement  of 
isdiction  in  equity  to  enforce  the  provisions  of  this  act,  corapeneation 
and  shall  fix  and  determine  the  compensation  of  all  com-  of^«o™™'8«i°°- 
niissioners  appointed  by  said  court  under  the  provisions 
hereof. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  1898. 


An  Act  relative  to  the  pauper  laws  of  the  commonwealth. 
Be  it  enacted,  etc.,  as  follows : 


ChapA25 


Section  1 .     Clause  fifth  of  section  one  of  chapter  eighty-  p.  s.  ss,  §  i. 


amended. 


three  of  the  Public  Statutes  is  hereby  amended  by  insert- 
ing after  the  word  "  and",  in  the  second  line,  the  words : 
—  within  that  time,  —  so  that  the  clause  as  amended  shall 
read  as  follows  :  —  Fifth,  Any  person  of  the  age  of  twenty-  Legal  settle- 
one  years,  who  resides  in  any  place  within  this  state  for  b°^re8Wence, 
five  years  together,  and  within  that  time  pays  all  state,  *^"^* 
county,  city,  or  town  taxes,  duly  assessed  on  his  poll  or 
estate,  for  any  three  years  within  that  time,  shall  thereby 
gain  a  settlement  in  such  place. 

Section    2.      Section    six   of  said    chapter   is    hereby  p.s.83,§6, 
amended  by  striking  out  the  whole  of  said  section  and  in- 


amended. 


370 


Acts,  1898.  — Chap.  425. 


Certain  eettle- 
me;il8  declared 
lost,  etc. 


Proviso. 


P.  8.  84,  §  6, 
amended. 


Certain  kindred 
to  support  pau- 
pers, etc. 


Proviso. 


P.8.84,  § 
amended. 


Certain  kindred 
may  be  asueshed 
for  support  of 
paupers. 


Proviso. 


serting  in  place  thereof  the  following  :  — >S'ec7^b?^  6.  All 
settlements  not  fully  acquired  subseqifwiUto  the  first  day 
of  May  in  the  year  eighteen  hundred  and  si xty^^T  hereby 
defeated  and  declared  to  be  lost,  except  where  the  e^TS^ce 
of  such  settlement  prevented  a  subsequent  acquisition  of 
settlement  in  the  same  place  :  provided,  that  whenever  a 
settlement  acquired  by  marriage  has  been  thus  defeated 
the  former  settlement  of  the  wife,  if  not  defeated  by  the 
same  provision,  shall  1^  thereby  revived.  All  persons 
absent  from  the  Commonwealth  of  Massachusetts  for  ten 
years  in  succession  shall  lose  their  settlement. 

Section  3.  Section  six  of  chapter  eighty-four  of  the 
Public  Statutes  is  hereby  amended  by  adding  at  the  end 
thereof  the  words  :  — and  hereafter  the  same  legal  obligation 
to  support  her  pauper  children  shall  rest  upon  the  mother 
as  now  by  law  rests  upon  the  father:  provided,  however, 
that  the  mother  shall  not  be  liable  to  criminal  prosecution 
for  the  enforcement  of  such  legal  obligation,  —  so  as  to 
read  as  follows  :  —  Section  6.  The  kindred  of  such  poor 
persons,  in  the  line  or  degree  of  father  or  grandfather, 
mother  or  grandmother,  children  or  grandchildren,  by 
consanguinity,  living  in  this  state  and  of  sufficient  ability, 
shall  be  bound  to  support  such  paupers,  in  proportion 
to  their  respective  al)ility,  and  hereafter  the  same  legal 
obligation  to  support  her  pauper  children  shall  rest  upon 
the  mother  as  now  by  law  rests  upon  the  father :  pro- 
vided, however,  that  the  mother  shall  not  be  liable  to 
criminal  prosecution  for  the  enforcement  of  such  legal 
obligation. 

Section  4.  Section  seven  of  said  chai)ter  eighty-four 
is  hereby  amended  b}'  striking  out  the  whole  of  said  sec- 
tion and  inserting  in  place  thereof  the  following  :  —  Sec- 
tion 7.  Any  justice  of  the  superior  court  sitting  in  equity 
in  the  county  where  any  one  of  such  kindred  to  be  charged 
resides,  upon  complaint  of  any  city,  town,  or  kindred  who 
has  been  at  expense  for  the  relief  and  support  of  such 
pauper,  may  on  due  hearing  assess  and  proportion  thereto 
such  sum  as  he  shall  deem  reasonable  for  or  towards  the 
support  of  the  pauper  to  the  time  of  such  assessment,  and 
may  enforce  payment  thereof  by  execution  in  common 
form:  provided,  that  such  assessment  shall  not  extend  to 
any  expense  for  relief  afforded  more  than  two  years  pre- 
vious to  the  tiling  of  the  com])laint. 


Acts,  1898.  —  Chap.  425.  371 

Section  5.  Section  eighteen  of  said  chapter  eighty-  p.  8.84,  §  is, 
four,  as  amended  by  section  one  of  chapter  ninety  of  the  '"^^'^ 
acts  of  the  year  eighteen  hundred  and  ninety-one,  is 
hereby  amended  by  striking  out  the  whole  of  said  section 
and  insertinjj  in  place  thereof  the  following  :  —  Section  18.  cities  nnd 
A  city  or  town  may  turnish  aid  to  poor  persons  touud  uish  temiiorary 
therein,  haAing  no  lawful  settlement  within  the  state,  if  paupeK,''ctc. 
the  overseers  of  the  poor  deem  it  for  the  public  interest ; 
but,  except  in  case  of  sickness,  not  for  a  greater  amount 
than  two  dollars  a  week  for  each  family  during  the  months 
of  May  to  September  inclusive,  or  three  dollars  a  week 
for  the  months  of  October  to  April  inclusive,  and  the 
overseers  shall  in  every  suc'h  case  give  immediate  notice 
by  mail  to  the  state  board  of  lunacy  and  charity,  which 
board  shall  examine  the  case,  and  should  they  direct  dis- 
continuance shall  remove  such  persons  to  the  state  alms- 
house or  to  any  state  or  place  where  they  belong,  when 
the  necessities  of  such  persons  or  the  public  interest 
require  such  removal,  and  the  superintendent  of  said  alms- 
house shall  receive  the  persons  so  removed  thereto  the 
same  as  though  sent  in  accordance  with  the  provisions  of 
section  twenty-one  of  chapter  eighty-six  of  the  Public 
Statutes,  as  amended  by  chapter  eighty-four  of  the  acts 
of  the  year  eighteen  hundrecl  and  ninety-one,  and  a  de- 
tailed statement  of  expenses  so  incurred  shall  be  rendered, 
and  after  approval  by  the  state  board  of  lunacy  and  charity 
such  expenses  shall  be  paid  from  the  state  treasury. 

Section  6.     Section  forty-eight  of  chapter  three  hun-  1894,  sn,  §  48, 
dred  and  seventeen  of  the  acts  of  the  year  eighteen  hun-  ''™*'" 
dred  and  ninety-four  is  hereby  amended  by  striking  out 
the  whole  of  said  section  and  inserting  in  place  thereof 
the  followinij  :  —  Section  48.     The  treasurer  of  any  such  certain  infor. 

~  ,  .  j_       •  1     1  matioi)  to  oe 

corporation   shall,   upon  a  written  request  signed  by  an  given  to  over- 

/..I  i^'j.  j_  isi  r    Boera  of  the 

overseer  or  the  poor  01  a  city  or  town,  or  an  omcer  ot  poor,  etc. 
the  state  board  of  lunacy  and  charity,  inform  him  of  the 
amount,  if  any,  deposited  in  the  corporation  to  the  credit 
of  any  person  named  in  such  request,  who  is  a  charge 
upon  the  Commonwealth  or  upon  a  city  or  town  therein 
as  a  pauper,  and  a  treasurer  who  unreasonably  refuses  to 
give  such  information  or  wilfully  renders  false  information 
shall  forfeit  fifty  dollars  for  every  such  offence  to  the  use 
of  the  city  or  town  upon  which  such  pauper  is  a  charge, 
or  to  the  Commonwealth  if  the  pauper  is  a  charge  upon 


372 


Acts,  1898.  — Chap.  426. 


To  take  effect 
July  1,  1898. 


the  Commonwealth,  and  the  treasurers  of  benefit  associa- 
tions, insurance  companies  and  safety  deposit  companies 
shall  in  like  manner  and  subject  to  the  same  conditions 
give  information  to  the  overseers  of  the  poor  and  state 
board  of  lunacy  and  charity. 

Section  7.     This  act  shall  take  effect   upon  the  first 
day  of  July  in  the  year  eighteen  hundred  and  ninety-eight. 

Approved  May  13 ,  1898. 


Ch(lT)A2.Q  ^^    ^^"^    RELATIVE     TO    THE     WATER     SUPPLY     OF     THE     TOWN     OF 

NEEDHAM. 


May  take  neces- 
sary lands, 
water  courses, 
etc. 


Needham 
Water  Loan. 


Be  it  enacted^  etc.,  as  follows: 

Section  1,  The  town  of  Needham,  for  the  purposes 
set  forth  in  chapter  one  hundred  and  seven  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-eight,  entitled  "  An 
Act  to  supply  the  town  of  Needham  with  water  ",  and  for 
increasing  and  protecting  its  water  supply,  may  take  by 
purchase  or  otherwise,  within  the  limits  of  the  town, 
such  lands,  streams,  springs  and  water  courses  as  may 
be  necessary  therefor.  But  the  provisions  of  said  chap- 
ter shall  apply  to  the  proceedings  for  any  taking  afore- 
said and  acts  done  for  the  purposes  aforesaid,  and  for 
the  determining  and  paying  of  damages  in  consequence 
thereof. 

Section  2.  Said  town,  for  the  purposes  named  in  this 
act  and  in  said  chapter  one  hundred  and  seven,  and  for 
the  extension  and  increase  of  its  water  supply  and  the 
construction  of  works  necessary  therefor,  may  issue  bonds, 
notes  or  scrip  to  be  denominated  on  the  face  thereof, 
Needham  Water  Loan,  to  an  amount  not  exceeding  fifty 
thousand  dollars  in  addition  to  the  amount  heretofore  au- 
thorized by  law  to  be  issued  by  said  town  for  any  of  said 
purposes.  Said  bonds,  notes  or  scrip  shall  be  issued 
upon  the  same  terms  and  conditions  and  with  the  same 
powers  as  are  provided  in  said  chapter  one  hundred  and 
seven  for  the  issue  of  the  Needham  water  loan  by  said 
town,  provided  that  the  whole  amount  of  such  bonds, 
notes  or  scrip  issued  by  said  town  under  the  {)rovisions 
of  this  act,  together  with  those  heretofore  authorized  to 
be  issued  for  the  same  purpose,  shall  not  exceed  the 
amount  of  two  hundred  and  five  thousand  dollars. 

Section  3.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  May  13,  1898. 


Acts,  1898.  — Chap.  427.  373 


An  Act  relative  to  the  metropolitan  water  supply.         OhnTt  ^97 
"Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  income  received  each  year  by  the  city  Disposition  of 
of  Boston  from  its  water  works  shall  be  applied  prior  to  frTm^'water"" 
the  first  day  of  February  of  the  following  year,  to  meet  ^f^Bostoi?"^ 
the  expenses  incurred  for  maintenance  of  its  water  works, 
includin<»;  the  operation,  extension,  improvement  and  re- 
newal of  said  works,  to  meet  the  interest  and  sinking  fund 
requirements  of  the  loans  issued  for  said  works,  and  to 
meet  the  assessment  apportioned  to  said  city  under  chapter 
four  hundred  and  eighty-eight  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-five ;  and  the  balance  of  said  in- 
come remaining  at  said  date  and  not  otherwise  provided 
for  shall  be  paid  into  the  sinking  funds  for  said  loans 
until  such  time  as  in  the  opinion  of  the  commissioners  of 
sinking  funds  of  said  city  such  funds  with  their  probable 
accunuilations  are  sufficient  to  meet  said  loans  at  maturity 
without  further  contributions  from  any  other  source,  and 
thereafter  shall  be  added  to  the  capital  of  the  fund  pro- 
vided for  in  the  following  section. 

Section  2,     All  sums  received  since  February  first,  certain  sums 

.     ,  iTi  1        •  •    1  •''to  be  paid  to 

eighteen  hundred  and  ninety-eiffht,  or  that  may  hereafter  commissioners 

~.  ..  ./0'_  ./  ,.        of  sinkine 

be  received  by  said  city  for  the  taking  of  any  part  of  its  funds,  etc. 
water  works  under  the  provisions  of  said  chapter,  shall  be 
paid  to  said  commissioners  of  sinking  funds ;  and  such 
sums,  together  with  any  payments  that  may  be  made  of 
the  income  from  the  city's  water  works,  as  provided  in 
section  one  of  this  act,  shall,  until  otherwise  authorized 
by  the  legislature,  be  invested,  so  far  as  practicable,  in 
securities  issued  from  time  to  time  by  said  city,  and  the 
balance  in  other  securities,  and  be  held  and  managed  by 
said  sinking  funds  commissioners  as  a  separate  fund,  and 
the  interest  received  from  said  fund  shall  so  far  as  re- 
quired bo  paid  to  the  treasurer  of  said  city  and  used  to 
meet  tlie  balance,  if  any,  required  for  the  purposes  to 
which  the  income  from  the  water  works  of  said  city  may 
be  applied  under  section  one  of  this  act ;  and  if  in  any 
year  the  total  income  from  said  fund  shall  exceed  the 
amount  required  to  T)e  so  used  the  excess  shall  be  added 
to  the  capital  of  said  fund. 

Section  3.  Said  city  shall  not  issue  any  notes,  ])onds  citynotto 
or  scrip  for  water  purposes  without  further  authority  from  bonds^etc!,' 
the  legislature.  :^°'^^,,, 


374 


Acts,  1898.  — Chap.  428. 


When  to  take 
effect. 


Section  4.     This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Boston. 

Approved  May  13,  1898. 


Certain  officers 
of  volunteer 
militiu  grunted 
leave  of  ab- 
sence, etc. 


Ch(lV'4:2iS  -^^  ■''^^'^  '^^  PROVIDE  FOR  THE  RESTORATION  TO  THEIR  FORMER 
POSITIONS  IN  THE  MILITIA  OF  OFFICERS  AND  MEN  ENTERING  THE 
MILITARY  OR  NAVAL  SERVICE  OF  THE  UNITED  STATES,  AND  FOR 
THE  RAISING  AND  ORGANIZING  OF  PROVISIONAL  COMPANIES,  BAT- 
TALIONS  AND   REGIMENTS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1 .  All  officers  of  the  Massachusetts  volunteer 
militia  entering  the  military  or  naval  service  of  the  United 
States  subsequently  to  the  twentieth  day  of  April  in 
the  year  eighteen  hundred  and  ninety-eight  are  hereby 
granted  leave  of  absence  until  thirty  days  after  their  dis- 
charge from  the  army  or  navy,  with  reasonable  time  for 
any  such  officer  to  reach  his  home  in  this  Commonwealth, 
and  upon  receiving  an  honorable  discharge  such  officers 
shall  be  entitled  to  resume  the  rank  and  position  to  which 
they  were  respectively  entitled  at  the  time  of  entering  the 
service  of  the  United  States.  Officers  desiring  to  remain 
in  the  service  of  the  Commonwealth  under  the  provisions 
of  this  section  shall  so  advise  the  adjutant  general  in  writ- 
ing immediately  upon  their  discharge  from  the  service  of 
the  United  States. 

Section  2.  All  enlisted  men  of  the  Massachusetts  vol- 
unteer militia  entering  the  military  or  naval  service  of  the 
United  States  subsequently  to  the  twentieth  day  of  April 
in  the  present  year  shall  be  furloughed  until  not  later  than 
thirty  days  after  their  discharge  from  the  army  or  navy, 
with  reasonable  time  for  any  such  man  to  reach  his  home 
in  this  Commonwealth. 

Section  3.  Enlisted  men  so  entering  the  United  States 
service  whose  terms  expire  while  in  the  service  and  who 
receive  an  honorable  discharge  from  the  United  States 
army  or  navy,  may,  if  they  so  desire,  re-enlist  in  the 
Massachusetts  volunteer  militia  within  thirty  days  after 
their  discharge  by  the  United  States,  with  reasonable  time 
in  which  to  reach  their  homes  in  this  Conunonwealth ;  and 
the  service  of  all  men  so  re-enlisting  shall  be  deemed  for 
all  purposes  continuous. 

Section  4.  The  warrants  of  all  non-commissioned 
officers  who  remain  in  the  service  of  the  Commonwealth 
under  the  provisions  either  of  section  two  or  of  section 


Certain  enlisted 
men  to  be  fur- 
loughed, etc. 


Service  of  cer- 
tain men  re-en- 
listint;  to  be 
deemed  con- 
tinuous. 


Warrants  of 
certain  non- 
com  missioned 
officers  to  be 
continued,  etc. 


Acts,  1898.— Chap.  429.  375 

three  of  thi.s  act  shall  bo  continued  as  of  the  same  grade 
respectively  held  by  them  at  the  time  of  entering  the  ser- 
vice of  the  United  States. 

Section  5.  Any  militia  organization  de[)leted  by  en-  Mnuia organi- 
listments  into  the  military  or  naval  service  of  the  United  by  eiruHtmenta 
States  may,  in  the  discretion  of  the  commander-in-chief,  "ho^unit^eT  °^ 
be  recruited  bv  enlistments  for  terms  which  shall  continue  states  may- be 

"  /•  1  •  •  n    I        recruited,  etc. 

for  not  longer  than  thirty  days  after  the  termination  of  the 
present  war  betw(?en  the  United  States  and  Spain,  and 
companies  so  recruited  shall  choose  officers  at  such  times 
as  the  commander-in-chief  may  direct,  and  the  commis- 
sions of  such  officers  shall  expire  within  thirty  days  after 
the  declaration  of  peace.  The  commander-in-chief  may 
direct  the  election  of  field  officers  for  regiments  and  bat- 
talions so  recruited,  whose  commissions  shall  in  like 
manner  expire  as  above  provided  in  regard  to  officers  of 
companies.  He  may  temporarily  attach  companies  to  pro- 
visional battalions  or  battalions  to  provisional  regiments, 
which  shall  receive  designations  as  he  may  direct. 

Section  6.     The  commander-in-chief  may,  in  his  dis-  Provisional 

.  •  •  1  •  .    .  ,  •  1  •    1.    companies  may 

cretion,  raise  and  organize  provisional  companies  which  be  organized, 
may  be  assigned  to  provisional  battalions  and  regiments,  *'*''• 
to  receive  such  designations  as  he  may  direct.  Enlist- 
ments into  such  companies  shall  continue  for  a  period  not 
longer  than  thirty  days  alter  the  declaration  of  peace  ;  and 
the  commissions  of  all  officers  elected  or  appointed  for 
such  provisional  organizations  shall  expire  not  later  than 
thirty  days  after  the  close  of  the  war. 

Section  7,     Troops  enlisted  under  the  provisions  of  ^t^'^'P^roops. 
this  act  may  be  uniformed,  armed  and  equipped  as  the 
commander-in-chief  may  direct. 

Section  8.     The  commander-in-chief  shall  authorize  the  rrovisionai 

/.  .  /,  ..  I  .  1^1*  1.  ^        •        comi>anies  to  be 

formation  of  |)rovisional  companies  under  this  act  only  in  formeaoniy  in 
towns  or  cities  in  which  are  situated  the  armories  of  com-  audtoVn"^^ 
panics  entering  the  service  of  the  United  States. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Apjyroved  May  13, 1898. 


A\  Act  to  establish  the  salary  ok  the  justice  ok  the  third  QJinj^  zlOQ 

DISTRICT   COCRT   OF    BRISTOL. 

Be  it  enacted^  etc.,  as  follows  : 

Section  1.     The  salarv  of  the  justice  of  the  third  dis-  justice  of  twrd 
Irict  court  of  Bristol  shall  be  two  thousand  two  hundred  Sok'°"''  °^ 


376  Acts,  1898.  — Chaps.  430,  431,  432. 

dollars  a  year,  to  be  so  allowed  from  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  ninety-eight. 
Section  2.     This  act  shall  take  eflect  upon  its  passage. 

Approved  May  13,  1898. 

Ch(ip.4:30  ^^    ^^'^   '^^    AUTHORIZE    THE    CITY   OF    BOSTON    TO    PAY    A    SUM    OF 
MONEY  TO   THE   AVIDOW   OF   FRANK   BOWKER. 

Be  it  enacted,,  etc.,  as  follows : 

Evink'sowker.  SECTION  1.  The  city  of  Boston  is  hereby  authorized  to 
pay  to  the  widow  of  Frank  Bowker  late  an  engineer  in  the 
sewer  division  of  the  street  department  in  said  city,  the 
balance  of  the  salary  to  which  he  would  have  been  en- 
titled had  he  lived  and  continued  to  hold  his  office  until 
the  end  of  the  year  eighteen  hundred  and  ninety-eight. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  13,  1898. 

Ch€ip.4:Sl   ^^  ^^'^  '^^  CHANGE  A  PART  OF   THE   BOUNDARY   LINE   BETWEEN   THE        ■ 

CITIES   OF   BOSTON   AND   NEWTON. 

Be  it  enacted,  etc.,  as  follows: 
darJnneTJ!"         Section  1.     The  bouudary  line   between  the  city  of      1 
Ind  Newton"     Boston  and  the  city  of  Newton,  between  a  point  at  the  in- 
changed,  tersection  of  the  present  boundary  line  and  the  northerly 
»ide  of  Nonantum  street  and  a  point  at  the  intersection  of 
the  present  boundary  line  and  the  northerly  side  of  Com- 
monwealth avenue,  is  hereby  changed  so  that  the  part  of 
said  boundary  line  between  said  points  shall  be  a  straight 
line.     Said  new  boundary  line  is  shown  by  a  dotted  red 
line  upon  a  plan  marked  "  Plan  showing  a  proposed  change 
in  the  boundary  line  between  Boston  and  Newton,  Massa- 
chusetts, William  Jackson,  city  engineer,  April  16,  1898", 
on  file  in  the  office  of  the  secretary  of  the  Commonwealth. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  13,  1898. 

ChapA32  ^N  Act   TO  PROVIDE   FOR  THE   SUMMARY  INVESTIGATION  OP   COUNTY 

AND   MUNICIPAL  EXPENDITURES. 

Be  it  enacted,  etc.,  as  folloios : 

^sTa^e  maj  p^eti-  Section  1.  If  twcuty-five  ownci's  of  real  estate  in 
tion  for  an  .my  towu  havini?  a  population  of  less  than  five  thousand, 
into  the  .itfairH  or  hity  owuci's  of  real  estate  in  any  town  having  a  popu- 
orcJuTt'y'."  ^  lation  of  more  than  five  thousand,  or  twenty-five  owners 
of  real  estate  in  each  ward  of  a  city,  or  five  hundred 


Acts,  1898.  — Chap.  433.  377 

owners  of  real  estate  in  any  county  in  the  Commonwealth,  Owners  of  real 

1      11  i     1  •       ,•  /»  J 1  •  J        -ji  •      estate  may 

sliall  present  to  any  justice  or  the  superior  court  within  petition  for  an 
and  for  the  county  in  which  such  real  estate  is  situated,  a  intrthraffSrs 
petition  sworn  to  and  subscribed  by  themselves,  setting  °^^^*°^ty'"'y 
forth  that  they  are  owners  of  real  estate  situated  in  such 
town,  city  or  county,  that  they  have  paid  taxes  thereon 
within  one  year  prior  to  the  date  of  the  petition,  th^t  they 
l)elieve  and  have  reason  to  believe  that  the  moneys  of  such 
town,  city  or  county  are  ])eing  or  have  been  unlawfully 
or  corru]itly  expended,  and  that  they  desire  an  investiga- 
tion to  l)e  made  in  relation  to  such  alleged  unlawful  or 
corrupt  expenditures,  it  shall  be  the  duty  of  such  justice, 
if  after  a  hearing  it  shall  appear  that  there  is  reasonable 
cause  to  believe  that  said  moneys  are  being  or  have  been 
unlawfully  or  corruptly  expended  as  aforesaid,  upon  ten 
days'  notice  to  the  treasurer  of  such  town,  city  or  county, 
and  to  the  selectmen  of  a  town,  the  mayor  of  a  city,  or 
the  board  of  county  commissioners,  as  the  case  may  be, 
to  make  a  summary  investigation  into  the  affairs  of  such 
town,  city  or  county  ;  and  in  his  discretion  such  justice 
may  appoint  experts  to  examine  the  books  and  accounts 
of  the  officials  under  investigation  and  to  prosecute  such 
investigation,  and  may  cause  the  results  thereof  to  be 
pubh'shed  in  such  manner  as  he  may  deem  proper,  but  no 
proceedings  under  the  provisions  of  this  act  shall  be  begun 
within  the  thirty  days  next  preceding  the  holding  of  a 
municipal  election  in  such  town  or  city,  or  the  holding  of 
a  state  election. 

Sectiox  2.     It  shall  be  the  duty  of  the  treasurer  and  orders' ouhe**^ 
of  any  other  municipal  or  county  officers  to   obey  any  justice. 
orders  of  such  justice  for  facilitating  said  investigation, 
and  any  refusal  or  wilful  failure  to  obey  such  orders  may 
be  punished  l)y  such  justice  as  for  contempt. 

Section  3.     The  costs  incurred  under  this  act  shall  be  Payment  of 
taxed  by  said  justice  and  shall  be  paid,  upon  his  order,  by 
the  treasurer  of  the  county  or  municipality  whose  expendi- 
tures have  l>een  investigated,  out  of  the  treasury  of  said 
county  or  municipality.  Approved  May  13,  1898. 

An  Act  to  establish  a  state  board  of  insanity.  Chan  433 

Be  it  enacted,  etc.,  as  folio  irfi  : 

Section  1 .  The  governor,  with  the  advice  and  consent  fngani^y'^ap  °' 
of  the  council,  shall  appoint  five  persons,  who  shall  con-  pointme'nt, etc. 
stitute  the  State  Board  of  Insanity,     The  persons  so  ap- 


378 


Acts,  1898.  —  Chap.  433. 


Proviso. 


Vacancies,  etc. 


Executive  offi- 
cer, appoint- 
ment, etc. 


Agents  and  sub- 
ordinate 
officers,  ap. 
pointment,  etc. 


Board  to  be 
provided  with 
rooms,  to  make 
an  annual  re- 
port to  gov- 
ernor and 
council,  etc. 


Report  to  in- 
clude a  state- 
ment of  receipts 
and  expenses, 
etc. 


pointed  shall  hold  their  offices  for  five  years  :  provided^ 
that  the  term  of  office  of  the  five  first  appointed  shall  be 
so  arranged  that  the  term  of  one  shall  expire  each  year. 
All  vacancies  in  said  board,  whether  occurring  by  expira- 
tion of  term  or  otherwise,  shall  be  filled  by  the  governor, 
with  the  advice  and  consent  of  the  council.  Two  at  least 
of  the  persons  so  appointed  shall  be  experts  in  insanity. 
The  members  of  the  board  shall  receive  no  salaries,  except 
as  hereinafter  provided,  but  shall  be  paid  only  their 
necessary  expenses  actually  incurred  in  the  performance 
of  their  duties.  The  memliers  of  the  board  may  be  re- 
moved by  the  governor,  with  the  advice  and  consent  of 
the  council,  for  cause. 

Section  2.  The  board  shall  appoint  an  executive 
officer,  who  shall  be  a  physician  and  an  expert  in  insanity, 
and  who  may  be  a  member  of  the  board.  He  shall  hold 
the  position  of  executive  officer  during  the  pleasure  of  the 
board  and  shall  perform  such  duties  as  the  board  may 
require.  He  shall  receive  from  the  treasury  of  the  Com- 
monwealth such  compensation  as  the  governor  and  council 
ma}^  determine,  and  his  necessary  expenses  incurred  in  the 
performance  of  official  duties. 

Section  3.  The  board  shall  have  the  power  to  appoint 
such  agents  and  subordinate  officers  as  it  may  deem  requi- 
site, and  to  fix  their  compensation,  but  the  amount  paid  for 
the  salaries  of  officers  and  agents  employed  by  the  board 
shall  not  exceed  the  sum  appropriated  by  the  legislature 
for  that  purpose.'  No  civil  service  examination  shall  be 
required  in  the  case  of  persons  so  appointed  who  are  now 
in  the  employ  of  the  state  upon  similar  work.  The  board, 
unless  otherwise  provided,  may  assign  any  of  its  poM^ers 
and  duties  to  agents  appointed  for  the  purpose,  and  may 
execute  any  of  its  functions  by  such  agents  or  by  com- 
mittees appointed  from  and  by  said  board.  The  board 
shall  be  provided  with  rooms  at  the  expense  of  the  state, 
and  shall  hold  meetings  each  month,  on  a  day  fixed  by 
itself,  and  at  such  other  times  as  may  be  needful.  It  shall 
make  its  own  by-laws,  and  shall  make  a  report  of  its 
doings  to  the  governor  and  council  on  or  l)efore  the  first 
day  of  December  of  each  year,  such  report  being  made  up 
to  the  thirtieth  day  of  September,  inclusive. 

Section  4.  The  board  shall  embody  in  its  report  a 
properly  classified  and  tabulated  statement  of  the  receipts 
and  expenses  of  the  said  board,  and  of  each  of  the  several 


Acts,  1898.  — Chap.  433.  .  379 

state  institutions  under  its  supervision  for  the  said  year, 
and  a  corresponding  classified  and  tabulated  statement  of 
their  estimates  for  the  year  ensuing,  with  its  opinion  as  to 
the  necessity  or  expediency  of  appropriations  in  accord- 
ance with  said  estimates  ;  but  this  provision  shall  not  apply 
to  estimates  for  the  ordinary  expenses  of  said  institutions. 
Said  report  shall  also  present  a  concise  review  of  the 
work  of  the  several  institutions  under  the  supervision  of 
the  board,  for  the  year  preceding,  with  such  suggestions 
and  recommendations  as  to  the  said  institutions  and  as  to 
the  general  interests  of  all  persons  under  its  supervision 
throughout  the  Commonwealth  as  may  be  deemed  ex- 
pedient. 

Section    5.      The    board    shall   present   in    its   report  To  present  cer- 

.     (,  ..  ,       -.     .  .,  .      ^  /•<!•  ,  -I   tain iniorraation 

mtormation  embodying  the  experience  or  this  country  and  in  report,  etc. 
other  countries,  regarding  the  best  and  most  successful 
methods  of  caring  for  such  persons  as  come  under  its 
supervision  ;  and  it  shall  also  encourage  scientific  investi- 
gation by  the  medical  staffs  of  the  various  institutions 
under  its  supervision,  and  shall  publish  from  time  to  time 
bulletins  and  reports  of  the  scientific  and  clinical  work 
done  therein. 

Section  6.     The  board  shall  prescribe  to  the  superin-  to  prescribe 

,         1        .  /»   / 1  1     •       ,•;     ,'  T         'j^  •    ■  certain  forms, 

tendents  or  the  several  institutions  under  its  supervision  etc. 
the  forms  of  statistical  returns  to  be  made  by  them  in  their 
annual  reports.  It  shall  also  prescribe  the  form  of  certifi- 
cate required  of  mayors  of  cities  or  overseers  of  the  poor 
of  towns  when  a  pauper  is  sent  therefrom  to  any  one  of . 
the  state  institutions  under  its  supervision,  which  certifi- 
cate shall  contain  such  inquiry  in  relation  to  the  age, 
parentage,  birthplace  and  former  residence  of,  and  other 
facts  relating  to,  the  said  poor  person,  as  the  board  may 
deem  necessary,  to  which  the  mayors  and  overseers  of  the 
poor  shall  render  true  answers,  as  far  as  they  are  able,  be- 
fore the  said  poor  person  is  received  into  any  one  of  the 
said  institutions.  The  several  cities  and  towns  shall  be 
furnished  by  the  board  with  blank  forms  for  said  certifi- 
cates. 

Section  7.     The  trustees  of  the  several  state  institu-  Trustees  of  car- 

J.  1         J^  ••  c  J^        ^  iiii  11  tain  institutions 

tions  under  the  supervision  of  the  board  shall  annually  on  to  send  to  board 
the  thirtieth  day  of  September  cause  to  be  made  and  sent  ve,Xry^of8to"cij 
to  the  l)()ard  an  accurate  inventory  of  the  stock  and  sup-  i/^nd?^'*'''*** °" 
plies  on  hand  and  the  amount  and  value  thereof  at  said  in- 
stitutions, under  the  following  heads  :  —  Liv^e  stock  on  the 


380 


Acts,  1898.— Chap.  433. 


Board  to  keep 
records  of  com- 
tnitraents,  etc. 


To  have  general 
supervision 
over  certain 
institutions,  etc. 


May  exercise 
powers  of 
trustees. 


To  inspect 
plans  for  new 
buildings,  etc. 


May  transfer 
insane  pauper 
inmates,  etc. 


farm,  produce  of  the  farm  on  hand,  carriages  and  agricult- 
ural implements,  machinery  and  mechanical  fixtures,  beds 
and  bedding  in  the  inmates'  department,  other  furniture  in 
the  inmates'  department,  personal  property  of  the  state 
in  the  superintendent's  department,  ready-made  clothing, 
dry  goods,  provisions  and  groceries,  drugs  and  medicines, 
fuel  and  library. 

Section  8.  The  board  shall  keep  records  of  commit- 
ments of  all  patients  and  attend  to  the  enforcement  of  the 
laws  relative  thereto.  All  institutions  under  its  super- 
vision shall  furnish  all  the  information  required  by  the 
board  relating  to  commitments. 

Section  9.  The  board  shall  have  general  supervision 
over  the  state  hospitals  and  asylums  for  the  insane,  and  all 
other  institutions  and  receptacles  for  insane  or  feeble- 
minded patients,  either  public  or  private,  the  Massachu- 
setts hospital  for  epileptics,  the  Massachusetts  hospital 
for  dipsomaniacs  and  inebriates,  the  Massachusetts  School 
for  the  Feeble-minded,  and  the  Hospital  Cottages  for 
Children.  The  said  board  may,  when  directed  l)y  the 
governor,  assume  and  exercise  the  powers  of  the  boards 
of  trustees  of  the  state  institutions  under  its  supervision 
in  any  matter  relating  to  the  management  thereof. 

Section  10.  The  board  shall  inspect  all  plans  for  new 
buildings  which  are  to  be  used  by  the  C^ommonwealth  as 
institutions  coming  under  the  supervision  of  the  board, 
and  for  the  extension  or  alteration,  involving  an  expendi- 
ture of  more  than  two  thousand  dollars,  of  existing  build- 
ings which  are  to  be  or  are  already  so  used.  No  such  new 
building  shall  ])e  erected  and  no  such  extension  or  altera- 
tion shall  be  hereafter  made  unless  the  plan  and  specifica- 
tions for  the  same  have  been  first  approved  by  the  board. 

Section  11.  The  board  may  transfer  insane  pauper  in- 
mates, including  those  committed  under  the  provisions  of 
section  fifty  of  chapter  eighty-seven  of  the  Public  Statutes, 
section  fifteen  of  chapter  two  hundred  and  thirteen  of  the 
Public  Statutes,  sections  sixteen  and  nineteen  of  chapter 
two  hundred  and  fourteen  of  the  Pul)lic  Statutes,  and  sec- 
tions ten,  twelve  and  fourteen  of  chapter  two  hundred  and 
twenty-two  of  the  Public  Statutes,  from  any  one  of  the 
state  hospitals  or.  asylums  for  the  insane  to  another  state 
hospital  or  asylum  for  the  insane,  and  may  transfer  and 
commit  inmates  of  the  other  state  institutions  to  the  state 
hospitals  or  asylums  for  the  insane  ;  and  it  may  send  any 


Acts,  1898.  — Chap.  433.  381 

such  insane  pauper  inmates  to  any  state  or  place  where 
they  belong  when  the  public  interest  or  the  necessities  of 
the  inmates  require  such  transfer.     The  names  of  the  in-  Names  of  in- 
mates so  removed  shall  be  entered  upon  the  register  of  the  to'brrec™  ded! 
hospital  or  asylum  for  the  insane,  together  with  the  usual  '^^''' 
details  of  their  history,  and  shall  be  recorded  by  the  several 
superintendents  as  discharged  by  the  board  for  the  pur- 
pose of  removal  from  the  state ;  but  no  transfer  or  com- 
mitment shall  be  made  by  the  board  of  inmates  of  other 
state  institutions  to  the  state  hospitals  and  asylums  for  the 
insane,  except  in  accordance  with  the  provisions  of  law 
regulating  the  commitment  of  insane  persons. 

Sectiox  12.     The  board,  upon  the  application  of  the  Board  may 

,.,  ,,  f.ji.ji  1  transfer  inmates 

director,  manager  or  trustee  oi  a  private  hospital  or  asylum,  of  private  insti- 

niay  transfer  any  inmate  of  such   institution  to  another  '"'^°°*'  ®*^°- 

private  institution,  or  to  a  state  hospital  or  asylum  for  the 

insane,  or  any  inmate  of  a  state  hospital  or  asylum  for  the 

insane  to  any  private  institution  under  its  supervision,  but 

no  such  transfer  shall   be  made  without  the  consent  of 

the  legal  or  natural  sruardian  of  such  inmate. 

Sectiox  13.     The  board  shall  act  as  commissioners  of  iyi^ssron^e'l-soT' 
insanity,  with  power  to  investigate  the  question  of  the  in-  insanity,  etc. 
sanity  and  condition  of  any  person  committed  to  any  hos- 
pital  or  asylum    for   the    insane,    public  or    private,    or 
restrained  of   his  liberty  by  reason   of  alleged    insanity 
at  any  place  within  the  Commonwealth,  and  shall  discharge 
any  person  so  committed  or  restrained  if  in  its  opinion 
such  person  is  not  insane  or  can  be  cared  for  after  such 
discharge  without  danger   to  others  and  with  benefit  to 
himself.     All  questions  as  to  the  sanity  of  inmates  of  the  certain  ques- 
penal,  reformatory  and  other  institutions  of  the  Common-  referred  to 
wealth  who  present  indications  of  insanity  shall  be  referred  m^nauo^n. 
to  the  board  for  determination. 

Section  14.     The  board    shall  visit  every   institution  Board  to  visit 
under  its  supervision  at  least  twice  a  year.     It  shall  ascer-  rnsututkfns  at 
tain  by  actual  examination  and  inquiry  whether  the  laws  y'^^a^',  etc?''  "^ 
with  respect  to  the  persons  in  the  custody  and  control 
thereof  arc  properly  observed,  shall  give  such  directions 
as  will  insure  correctness  in  the  returns  required  in  rela- 
tion to  them,  and  may  use  such  means  as  may  be  necessary 
to  collect  all  desired  information  in  regard  to  their  treat- 
ment.    The  board  shall  have  the  same  powers  relating  to 
the  state  poor  who  are  imnates  of  the  institutions  under 
its    supervision  within   the  Commonwealth  and  to  their 


382 


Acts,  1898.  — Chap.  433. 


Patients  to  be 
allowed  to  write 
to  board,  etc. 


Nurses  to  be 
employed  in 
transferring 
patients. 


Board  to  be 
notified  in  case 
of  question  as 
to  proi)riety  of 
commitment. 


Board  to  pre- 
scribe uniform 
system  of  keep- 
ing accounts. 


property  as  are  vested  in  towns  and  overseers  of  the  poor 
in  reference  to  paupers  supported  and  relieved  by  towns. 
When  it  has  reason  to  believe  that  any  insane  or  other 
person  is  deprived  of  suitable  treatment  it  may  make  ap- 
plication for  the  commitment  of  such  person  to  some  insti- 
tution under  its  supervision,  according  to  the  provisions 
of  law.  The  board  shall  carefully  inspect  every  part  of 
the  institution  visited,  shall  oifer  an  opportunity  to  every 
patient  for  an  interview  with  the  board  or  with  the  visiting 
members,  shall  inspect  every  certificate  of  commitment 
entered  or  filed  since  its  or  their  last  visitation,  and  shall 
enter  in  a  book  provided  for  that  purpose  minutes  of  the 
condition  of  the  institution  at  that  time,  of  the  patients 
therein,  of  the  patients  under  restraint  and  their  number, 
and  any  criticisms  or  observations  that  the  board  or  visit- 
ing members  may  have  to  make  as  to  the  occupation, 
amusement  or  classification  of  the  patients,  as  to  the  clean- 
liness and  sanitary  condition  of  the  institution,  as  to  the 
diet  of  the  patients,  and  as  to  any  other  matters  that  it  or 
they  may  deem  worthy  of  observation  or  criticism. 

Section  15.  All  patients  in  any  institution  under  its 
supervision  shall  be  allowed,  subject  to  the  regulations  of 
the  board,  to  write  freely  to  the  board,  and  letters  so  writ- 
ten shall  be  forwarded,  unopened,  by  the  superintendent 
or  person  in  charge  of  said  institution,  to  the  said  board 
for  such  disposition  as  it  shall  deem  right,  and  the  said 
board  may  send  any  letters  or  other  communications  to 
any  patients  in  any  of  said  institutions  whenever  it  may 
deem  proper  so  to  do. 

Section  16.  The  nurses  of  the  institutions  under  the 
supervision  of  the  board  shall  be  employed,  as  far  as 
practicable,  instead  of  officers  of  the  law,  in  taking  and 
transferring  patients  to  and  from  said  institutions ;  and 
in  the  case  of  the  transfer  of  a  female  patient  a  female 
attendant  or  nurse  shall  accompany  her. 

Section  17.  The  superintendent  or  physician  in  charge 
of  any  institution  under  the  supei'vision  of  the  l)oard  shall 
immediately  notify  the  said  board  if  there  is  any  question 
as  to  the  propriety  of  the  commitment  of  any  person  re- 
ceived therein,  and  said  board  upon  such  notification  shall 
inquire  into  the  condition  of  such  })aticnt  and  into  the 
question  of  the  propriety  of  the  commitment. 

Section  18.  The  l)oard  shall  prescribe  a  uniform  sys- 
tem of  keeping  accounts  in  the  several  state  institutions 


Acts,  1808.  — Chap.  433.  383 

under  its  supervision,  and  the  same  shall  be  adopted  and 
used  in  said  institutions. 

Section  19.     The  board  shall  prescribe  the  forms  of  7°P''escnbe 

'        i     1  1  •  t  •  /.ii    forms  of  certin- 

certiticates  required  by   law  in  the  commitments  of  all  cates  for  corn- 
persons  to  the  institutions  under  its  supervision,  and  such  ™'  ™^°  ^* 
forms  when  prescribed  shall  be  the  sole  forms  used  in  such 
commitments. 

Section  20.     The  board  and  the  several  boards  of  trus-  To  meet  semi- 
tees  of  the  different  state  institutions  under  its  supervision,  m"s"ees^  etc'!' 
or  their  representatives,  shall  meet  semi-annually  for  the  fo'con«"itation. 
purpose  of  consultation  and  harmonious  action. 

Section  21.     The  board  is  hereby  authorized  to  dis-  May  discharge 
charjie  patients  from  the  Massachusetts  hospital  for  dipso-  certahl^inBtiTu- 
maniacs  and  inebriates,    the   Massachusetts    hospital   for  *'°°*' ®*''- 
epileptics,  the  Massachusetts  School  for  the  Feeble-minded, 
and  the  Hospital  Cottages  for  Children,  and  to  transfer 
inmates  of  said  institutions  to  other  state  institutions,  and 
the  inmates  of  other  state  institutions  under  its  supervi- 
sion to  the  said  hospitals  and  school ;  but  no  inmate  of 
said  other  state  institution  under  its  supervision  shall  be 
•transferred  to  said  hospitals  or  school  unless  such  inmate 
has  been  duly  committed  thereto,  in  conformity  with  the 
provisions  of  law  governing  the  commitment  of  patients 
to  said  hospitals  and  school. 

Section  22.  The  board  shall  devise,  if  practicable,  a  To  prescribe,  if 
system  by  which  the  board  of  trustees  of  the  Massachu-  system'by*'' '^ 
setts  hospital  for  dipsomaniacs  and  inebriates  shall  be  in-  reco^o^f'^cer- 
formed  specifically  of  the  history  of  any  person  whom  it  J^!f.^''p*'n"'^ 
is  proposed  to  commit  to  said  hospital,  and  by  which,  if  vestigated, etc. 
possible,  an   investigation   of  the   record  of  such  patient 
shall  be  made  by  a  probation  officer,  with  a  view  to  in- 
forming the  court  or  magistrate  prior  to  his  deciding  the 
question  of  commitment. 

Section  23.     The  word  "lunatic",  wherever  it  occurs  The  term'' in. 
in  the  names  of  the  several  hospitals  and  in  the  laws  re-  8ane'pe°rson  " 
lating  to  the  insane  is  hereby  stricken  out,  and  the  term  for'the  word'^^'* 
"  insane",  or  "insane  person",  is  substituted  therefor.       "lunatic." 

Section  24.     All  the  powers  possessed  by  and  all  the  certain  powers 
duties    incumlient  upon  the   state    board   of   lunacy  and  "ute  wxi^'of 
charity  relative  to  the  state  hospitals  and  asylums  for  the  chatty  to"be 
insane  and  to  other  institutions,  asylums  and  receptacles  vested  in  state 

.  "    .  *  T      .         board  of  insaa- 

for  the  insane  or  feeble-minded,  public  or  private,  relative  ity,  etc. 
to    insane    persons    generally,  and   as    commissioners    in 
lunacy  relative  to  the  Massachusetts  hospital  for  epilep- 


384: 


Acts,  1898.  —  Chap.  433. 


The  state  boi»rd 
of  lunacy  and 
charity  lo  be 
hereafter  called 
the  state  board 
of  charity,  etc. 


State  board  of 
insanity  to  re- 
port to  legis- 
lature. 


1S86,  298,  §  e, 
amended. 


tics,  the  Massachusetts  hospital  for  dipsomaniacs  and  in- 
ebriates, the  Massachusetts  School  for  the  Feeble-minded, 
and  the  Hospital  Cottages  for  Children,  are  hereby  taken 
from  the  said  state  board  of  lunacy  and  charity  and  vested  in 
the  state  board  of  insanity,  and  said  state  board  of  insan- 
ity is  hereby  authorized  and  empowered  to  assume  and 
exercise  the  same.  The  said  state  board  of  insanity  shall 
also  succeed  to  all  the  rights,  powers  and  duties  of  the 
said  state  board  of  lunacy  and  charity  in  respect  to  all  the 
insane  poor  placed  in  families  by  the  latter  board,  and  said 
insane  poor  so  boarded  out  are  hereby  transferred  to  the 
care,  custody  and  control  of  the  said  board  of  insanity 
without  further  process  of  law.  The  state  board  of  lunacy 
and  charity  shall  hereafter  be  called  the  state  board  of 
charity,  and  shall  have  and  exercise  all  the  powers  now 
possessed  by  it,  and  all  the  duties  now  incumbent  upon  it, 
except  when  otherwise  by  law  provided,  including  all 
questions  relating  to  the  settlement  or  non-settlement  of 
the  state  poor  coming  under  the  control  of  the  state  insti- 
tutions under  its  supervision,  and  under  the  supervision 
of  the  state  board  of  insanity,  and  shall  administer  the 
laws  of  settlement  relating  to  the  support  of  the  state's 
sane  poor  by  cities  and  towns,  and  shall  prosecute  all 
cases  of  bastardy  of  non-settled  persons. 

Section  25.  The  state  board  of  insanity  shall  report 
to  the  legislature,  on  or  before  the  first  Wednesday  in 
January  in  the  year  nineteen  hundred,  such  method  or 
methods  as  in  its  opinion  will  most  effectually  provide  for 
the  care  and  support  of  the  insane  poor  who,  under  exist- 
ing laws,  arc  cared  for  by  or  supported  at  the  expense  of 
the  cities  and  towns  of  the  Commonwealth.  In  such 
report  the  board  shall  include  a  statement  of  what  build- 
ing or  buildings  are  needed  to  accommodate  such  insane 
persons,  and  any  other  suggestions  which  they  may  wish 
to  submit  for  the  consideration  of  the  legislature  in  rela- 
tion thereto.  Said  report  shall  embody  a  plan  for  the 
remedial  treatment  of  recoveral)le  cases  of  insanity  in  a 
hospital  set  apart  for  such  treatment,  and  to  which  no 
other  cases  of  insanity  shall  be  committed.  It  shall  also 
report  a  plan  by  which  convalescing  insane  patients,  dur- 
ing the  period  of  recovery,  shall  have  am])le  oi)portunity 
of  association  with  sane  people  and  be  freed  from  associa- 
tion with  insane  people  as  far  as  j)ractical)le. 

Section  2<o.  Section  nine  of  cha|)ter  two  hundred  and 
ninety-eight  of  the  acts  of  the  year  eighteen  hundred  and 


i 


I 


Acts,  1898.  — Chap.  433.  385 

eighty-six  is  hereby  amended  by  striking  out  in  the  third 
line,  the  words  "board  of  education ",  and  inserting  in 
place  thereof  the  words  :  —  state  board  of  insanity. 

Section  27.     Section  three  of  chapter  three  hundred  i?^*' 3^»' §A 

I       •     1  J        r>  i»i  (.1  .1  -,        -,   etc.,  amended. 

and  eignty-tiv^e  ot  the  acts  ot  the  year  eighteen  hundred 
and  eighty-five,  as  amended  by  section  four  of  chapter 
one  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-six,  is  hereby  amended  by  striking 
out  the  words  "board  of  lunacy  and  charity",  wherever 
they  occur  therein,  and  inserting  in  place  thereof  the 
words  :  —  state  board  of  insanity. 

Section  2S.  The  acts  and  sections  of  acts  hereinafter  certain  act*  and 
specified  in  this  section  are  hereby  amended  by  striking  amended" 
out  the  words  "  lunacy  and  charity  ",  wherever  they  occur 
therein,  and  inserting  in  place  thereof  the  word: — in- 
sanity,—  Section  one  of  chapter  eighty-seven  of  the  Pub- 
lic Statutes,  as  amended  by  section  four  of  chapter  one 
hundred  and  one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-six.  Section  twelve  of  chapter  eighty-seven 
of  the  Public  Statutes,  as  amended  ])y  chapter  one  hun- 
dred and  ninety-five  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-four.  Section  ten  of  chapter  two  hundred 
and  twenty-two  of  the  Public  Statutes,  as  amended  by 
section  four  of  chapter  one  hundred  and  one  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-six.  Section  eleven 
of  chapter  two  hundred  and  twenty-two  of  the  Public 
Statutes,  as  amended  by  section  four  of  chapter  one  hun- 
dred and  one  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six.  Sections  seven  and  nine  of  chapter  three 
hundred  and  twenty-two  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  as  amended  by  section  four  of 
chapter  one  hundred  and  one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-six.  Section  one  of  chapter 
three  hundred  and  eighty-five  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-five,  as  amended  by  section 
four  of  chapter  one  hundred  and  one  of  the  acts  of  the 
jesLT  eighteen  hundred  and  eighty-six.  Sections  two  and 
ten  of  chapter  two  hundred  and  ninety-eight  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-six.  Sections 
one  and  two  of  chapter  three  hundred  and  nineteen  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-six,  and  sec- 
tion three  of  said  chapter  as  amended  by  section  two  of 
chapter  four  hundred  and  fourteen  of  the  acts  of  the  year 
eighteen  hundred  and  ninety.  Section  two  of  chapter 
three  hundred  and  forty-six  of  the  acts  of  the  year  eight- 


386  Acts,  1898.  — Chap.  434. 

een  hundred  and  eighty-seven,  as  amended  by  chapter  four 
hundred  and  eighty-two  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six.  Section  sixteen  of  chapter  four 
hundred  and  fourteen  of  tlie  acts  of  the  year  eighteen  hun- 
dred and  eighty-nine,  as  amended  by  section  two  of  chap- 
ter one  hundred  and  fifty-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-one.  Section  four  of  chapter 
four  hundred  and  twenty-five  of  tlie  acts  of  the  year  eight- 
een hundred  and  ninety-two.  Section  two  of  cha})tertwo 
hundred  and  eighty-six  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five.  Sections  five  and  six  of  chapter 
three  hundred  and  ninety  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five.  Sections  ten  and  eleven  of  chap- 
ter four  hundred  and  eighty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five, 
whentotahe  Section  29.  All  thc  provisious  of  this  act  except  as 
hereinafter  provided  in  this  section  shall  take  eft'ect  upon 
the  first  day  of  October  in  the  year  eighteen  hundred  and 
ninety-eight,  but  the  members  of  the  state  board  of  insan- 
ity may  be  appointed  at  any  time  after  the  passage  of 
this  act,  and  said  board  may  appoint  agents  and  ofiicers 
and  assign  their  duties  before  the  said  first  day  of  October. 

Approved  May  13,  1898. 

(JJian.4S4:       ^'^  ^^^   KELATIVE   to   the   finances   OV  THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc. ,  as  follows  : 

mateludap""or.      Section  1.     A   board  of  estimate  and  apportionment 
tionmentfor      jg  hcrebv  established  for  the  city  of  Boston,  to  consist  of 

city  of  Boston  i  i      •  /»      i 

established.  the  iiiayor,  the  chairman  of  the  board  of  aldermen,  the 
president  of  the  common  council,  who  shall  serve  ex 
ofiiciis  and  without  additional  pay,  and  two  members, 
who  shall  be  elected  by  the  voters  of  thc  city  at  large. 
In  the  year  eighteen  hundred  and  ninety-eight  two  mem- 
bers of  said  board  shall  be  elected  at  the  annual  municipal 
election,  one  to  serve  for  the  term  of  two  years  and  one 
for  the  term  of  one  year  from  the  first  Monday  of  flamiary 
next  ensuing;  and  thereafter  at  each  annual  munici{)al 
election  one  member  of  said  l)oard  shall  be  so  elected  to 
Vacancies  in  scrvc  for  thc  tcmi  of  two  ycai's  from  said  day.  In  case 
bers.etc.  '  of  a  vacancy  iu  the  elected  members  of  said  board  through 
death  or  resignation  the  chairman  of  the  board  of  street 
commissioners  of  said  city  shall  fill  such  vacancy  for  the 
remainder  of  the  municipal  year ;  and  in  case  of  a  second 


Acts,  1898.  — Chap.  434.  387 

vacancy  in  such  elected  members  for  like  cause  the  same 
shall  be  tilled  during  the  remainder  of  the  municipal  year 
by  the  chairman  of  the  board  of  connnissioners  of  sinking 
funds  of  said  city.  Each  elected  memljcr  of  said  board 
shall  be  paid  for  his  services  at  the  rate  of  ten  dollars  for 
each  meeting  of  said  board  at  which  he  is  present,  but  not 
exceeding  the  sum  of  seven  hundred  and  fifty  dollars  in 
any  one  year. 

Section  2.     The  mayor,  as  early  as  practicable  in  the  Mayor  to  sub- 
month  of  January,  shall  submit  to  said  board,  with  his  "st' mates \o^"' 
recommendations  thereon,  the  department  estimates  fur-  ^°'"'^" 
nished  as  required  by  section  eight  of  chapter  two  hundred 
and  sixty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five;  and  said  board,  by  the  atfirmative  vote  and  ^"^^^J'^^^^p^^-^j^ 
signatures  of  at  least  four  of  its  members,  including  the  general  main- 
mayor,  shall,  prior  to  the  first  daj^  of  February,  prepare  priation  order. 
and  pass  a  general  maintenance  appropriation  order,  con- 
taining appropriations  to  enable  the  city  of  Boston  to 
meet  the  current  expenses  payable  during  the  financial 
year  beginning  with  said  day,  of  performing  the  duties 
and  exercising  the  powers  devolved  by  statute  or  ordi- 
nance,  or  by  vote  of  the  city  council  during  the  year, 
upon  the  city  of  Boston  or  the  county  of  Suffolk,  or  the 
departments  or  officers  thereof. 

Section  3.     The  mayor,  as  early  as  practicable  in  the  Mayor  to  sub- 
months  of  January  or  February,   shall   submit  to   such  !rJiK!rtm°e'^'t  re- 
board,  with  any  recommendations  which  he  may  desire  appropriations. 
to  make  thereon,   any  requests  for  loan   appropriations 
furnished  to  him  by  the  several  departments;    and  said  paretndplssa 
board  by  vote  and  sio^natures  as  aforesaid  shall,  prior  to  genenii  loan 

-•'  /--n-i  1  '1"  appropriation 

the  first  day  oi  March,  prepare  and  pass  a  general  loan  order,  etc. 
appropriation  order,  containing  such  appropriations  to  be 
met  by  loan,  and  for  such  purposes  as  said  board  shall 
deem  the  public  necessity  or  convenience  may  require, 
not  exceeding  in  the  aggregate  four  fifths  of  the  estimated 
amount  which  can  be  raised  in  that  municipal  year  by 
loans  within  the  debt  limit  of  said  city ;  but  such  loan 
appropriation  order  shall  not  be  passed  unless  at  least  four 
of  the  meml)ers  of  said  board,  including  the  mayor,  shall 
in  writing  certify  upon  such  order  that  no  item  therein  is 
to  meet  a  current  expense,  or  that  certain  specified  items 
therein  and  no  others  are  to  meet  current  expenses,  but 
that  piil)lic  necessity  requires  the  borrowing  of  money 
therefor. 


388 


Acts,  1898.  —  Chap.  434. 


Board  may  pre- 
pare and  paBB 
additional 
approprialion 
orders. 


AppropriatioiiB 
nol to  exceed 
certain 
aniountB. 


Appropriation 
orders  to  be 
submitted  to 
city  council, 
etc. 


City  auditor 
may  make  cer- 
tain transfers  of 
appropriations, 
etc. 


Section  4.  Said  board,  by  similar  vote  and  signatures, 
and  certificate  in  tlie  case  of  a  loan  order,  may  at  any  time 
during  the  year,  at  the  request  of  the  mayor,  prepare  and 
pass  one  or  more  appropriation  orders,  containing  such 
appropriations  as  they  may  deem  the  public  necessity  or 
convenience  may  require. 

Section  5.  Said  board  in  making  appropriations  to  be 
met  by  income  and  taxes  shall  not  exceed  the  amount  that 
can  be  raised  by  taxation  within  the  tax  limit  of  said  city, 
as  certified  to  the  mayor  by  the  board  of  commissioners 
of  sinking  funds,  plus  the  income  of  the  city,  as  estimated 
and  certified  to  the  mayor  by  the  city  auditor  of  said  city  ; 
and  in  making  appropriations  to  be  met  l)y  loans  author- 
ized by  the  legislature  for  specific  purposes  shall  not  ex- 
ceed the  amount  that  can  be  raised  under  such  loans,  and 
in  making  appropriations  to  be  met  by  other  loans  shall 
not  exceed  the  amount  that  can  be  raised  by  loan  within 
the  debt  limit  of  said  city. 

Section  6.  The  mayor  shall,  within  three  days  after 
any  such  appropriation  order  has  been  passed  as  aforesaid, 
submit  the  same  to  the  city  council  of  said  city,  and  the 
city  council  shall  forthwith  proceed  carefully  to  consider 
and  investigate  the  same,  and  may,  within  the  period  of 
thirty  days  following  such  submission,  pass  a  vote  or 
votes  reducing  or  striking  out  any  appropriation  therein, 
except  an  appropriation  the  amount  of  which  is  fixed  by 
law,  or  an  appropriation  for  interest  and  sinking  fund 
requirements,  but  shall  not  pass  any  other  vote  relating 
to  any  appropriation,  or  insert  any  new  appropriation ; 
and  any  such  vote  of  reduction  or  striking  out  shall  be 
sul)ject  to  the  veto  of  the  mayor  and  to  passage  over  his 
veto  as  provided  by  law.  At  the  expiration  of  said  period 
of  thirty  days  the  orders  with  the  appropriations  therein 
as  passed  by  said  board,  or  as  altered  in  accordance  with 
the  preceding  provisions,  shall  stand  and  be  in  force  as 
appropriation  orders  of  said  city. 

Section  7.  The  city  auditor  of  said  city,  with  the 
approval  of  said  board,  acting  by  vote  and  signatures  of  a 
majority  of  its  members,  and  of  the  mayor,  may  from 
time  to  time  during  the  year  make  transfers  from  the 
appropriation  for  current  expenses  of  one  division  of  a 
department  to  the  appropriation  for  current  expenses  of 
any  other  division  of  the  same  department,  and  transfers 
from  the  general  treasury  or  from  the  appropriation  for 


Acts,  1898.  — Chap.  435.  389 

reserve  fund  to  the  appropriation  for  current  expenses  of 
any  depart niont,  and  may,  to  Imlauce  and  close  the  accounts 
of  the  city  for  the  financial  year,  between  the  first  day  of 
December  of  each  year  and  the  first  day  of  February  of 
the  folk) win <r  year,  make  transfers  from  any  appropriation 
not  met  by  loan  to  any  other  appropriation,  or  from  any 
appropriation  met  by  h)an  to  any  other  appropriation  met 
by  h^an,  and  apply  any  of  the  income  and  taxes  not  dis- 
posed of. 

Section  8.     The  respective  departments  of  said  city,  Appropriations 
under  the  general  supervision  and  control  of  the  mayor  for  tiiro^bject« 
and  of  the  other  public  officers  designated  therefor  in  the  tpSeTetc. 
several  appropriations   made  as  aforesaid,   or  having  by 
law  authority  to  expend  the  same,  shall  expend  the  appro- 
priations for  the  objects  and  purposes  specified,  and  shall 
ex})end  for  the  objects  and  purposes  directed  by  the  several 
contributors  thereof  any  contributions  made  to  any  of  said 
appropriations.  Approved  May  13,  1898. 

An  Act  relative  to  voting  in  caucuses.  f^hnn  4-S^ 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     Section   seven   of  chapter  four   hundred  etc^'amended. 
and  eighty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five,  as  amended  by  section  eleven  of  chapter 
five  hundred  and  thirty  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-seven,  is  hereby  amended  by  striking 
out  the  words  "in  the  same  calendar  year",  in  the  sixth 
line,  and  inserting  in  place  thereof  the  words: — within 
twelve  months  next  ensuing,  —  so  as  to  read  as  follows  :  — 
Section  7.    All  notices  for  holding  caucuses  shall  apply  to  NouceB  to  apply 
all  members  of  the  political  party  whose  caucuses  are  to  bell  of  jTan" 
be  held,  and  to  them  only.    No  person  having  voted  in  the  areTo^be'teid'^* 
caucus  of  one  political  party  shall  l)e  entitled  to  vote  or  etc. 
take  part  in  the  caucus  of  another  political  party  within 
twelve  months  next  ensuing.    Each  town  or  city  committee 
may  make  reasonable  regulations,  not  inconsistent  with 
the  provisions  of  law,   to  determine  membership  in  the 
party,  and  to  restrain  others  than  those  who  are  entitled 
to  vote  at  the  caucus  from  attendance  thereat  or  taking 
part  therein.     But  no  political  committee  of  any  party 
shall  deprive  any  voter  from  taking  part  in  a  caucus  of 
said  ))arty  on  the  ground  that  the  voter  had  supported  an 
independent  candidate  for  political  office  :  jjrovided,  how-  Provieo. 


390 


Acts,  1898.  — Chap.  436. 


Proviso. 


Person  ■whose 
rii^ht  to  vote  is 
cliiilleiiKi'il  to 
take  oath,  etc. 


Penalty. 


ever,  that  no  political  committee  or  chairman,  warden  or 
caucus  officers  shall  deprive  any  registered  voter  from 
voting  or  taking  part  in  any  caucus  if  such  voter  will 
take  the  following  oath  which  shall  be  administered  to 
him  by  the  presiding  officer  of  the  caucus  on  the  request 
of  said  voter,  and  the  presiding  officer  of  any  caucus  is 
hereby  authorized  and  empowered  to  administer  such 
oath:  You  do  solenmly  swear  (or  affirm)  that  you  are  a 
registered  voter, in  this  ward  or  town  and  have  the  legal 
right  to  vote  in  this  caucus  ;  that  you  are  a  member  of  the 
political  party  holding  the  same,  and  intend  to  support  its 
candidates  at  the  polls  at  the  election  next  ensuing ;  and 
that  you  have  not  taken  part  or  voted  in  the  caucus  of 
any  other  political  party  for  twelve  months  last  past.  So 
help  you  God  (or  this  you  do  under  the  pains  and  penal- 
ties of  perjury).  Such  voter  shall  nevertheless  be  subject 
to  challenge  the  same  as  any  other  voter. 

Section  2.  Any  person  whose  right  to  vote  is  chal- 
lenged for  any  cause  recognized  by  law  shall  not  be  per- 
mitted to  vote  until  he  has  taken  the  oath  provided  in  the 
foregoing  section ;  and  the  clerk  of  every  caucus  shall 
make  a  record  of  the  administration  of  said  oath  to  every 
person  who  takes  the  same,  which  record  shall  state 
whether  or  not  said  person  voted.  Said  record  shall  bo 
returned  with  the  proceedings  of  said  caucus  and  shall  be 
prima  facie  evidence  in  any  court  that  such  person  took 
said  oath  and  voted  in  said  caucus. 

Si'XTiON  3.  Any  voter  or  caucus  officer  who  violates 
any  of  the  provisions  of  this  act  shall  be  punished  by 
imprisonment  in  jail  not  exceeding  one  year. 

Approved  May  14,  1898. 


ChavASG  ^^  ^^'^  relative  to  the  keport  of  the  attorney-general. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  attorney-general  shall  annually  make 
a  rc[)ort  to  the  general  court  of  the  business  of  his  office 
during  the  })receding  }^ear,  with  such  suggestions  and 
reconnnendations  in  regard  to  the  amendment  of  the  laws 
and  to  their  proper  and  economical  administration  as  he 
may  deem  expedient. 

Section  2.  Section  nine  of  chapter  seventeen  of  the 
Public  Statutes  is  hereby  repealed 

Approved  May  17,  1898. 


Annual  report 
of  attorney- 
general. 


Repeal. 


Acts.  1898. —  Chaps.  437,  438.  391 


An  Act  to  authorize  cemetery  corpouations  to  incinerate  QJiajjASl 

BODIES   OF  THE   DEAD. 

Be  it  eiiactea,  etc.,  as  follows: 

Section  1.     Any  cemotery  corporation  organized  under  cemetery  tor- 
tile laws  of  this  Commonwealth  may  cremate  or  incinerate  cremate  0^1?/ 
bodies  of  the  dead,  and  may  erect,  maintain  and  operate  ofThfdeadf'ew. 
the  hiiildinirs,  appliances  and  facilities  for  so  doing  and 
for  the  disposition  of  the  ashes  of  the  dead,  on  any  of  its 
land  within  the  enclosure  of  its  cemetery  which  the  state 
board  of  health  may  determine  to   be   suitable   for  that 
purpose,  and  such  buildings,  appliances  and  facilities  shall 
be  deemed  to  be  a  part  of  the  cemetery  and  to  be  dedi- 
cated to  the  burial  of  the  dead,  and  shall  be  held  by  said 
corporations  subject  to  the  duties,  and  with  the  privileges 
and  imnuinities  which  they  now  have  under  general  laws 
or  by  special  act  or  acts. 

Sectiox  2.     In  all  matters  concerning  the  construction  To  be  subject  to 
of  such  buildings,  the  cremation  or  incineration  of  dead  sions'onaw. 
bodies,  and  the  disposition  of  the  ashes,  said  cemeteries 
shall  be  subject  to  the  provisions  of  chapter  two  hundred 
and  sixty-five  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five. 

Section    8.      Nothing  contained  in  this  act  shall   be  certiiia  rights. 
construed  to   deprive    any  corporation  acting  under   its  Eot'afffcted! '''' 
provisions  of  any  right,  immunity  or  privilege  heretofore 
acquired  under  any  special  act  or  acts. 

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

Approved  May  17,  1898. 


ChapAnS 


An  Act  relative  to  the  commitment  of  the  insane. 
Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     Section  twenty-six  of  chapter  eighty-seven  p.  s.  rt  §  26, 
of  the  Public  Statutes  is  hereby  amended  by  striking  out 
tile  words  "at  Somerville  ",  in  the  second  line,  and  by 
striking  out  all  after  the  word  "thirteen",  in  the  ninth 
line,  so  as  to  read  as  follows  :  —  Section  26.     The  super-  Persons 

1  /»  •      1  •      1      •       1      T  i.i_      Violently  insane 

intendent  or  keej)er  oi  any  lunatic  hospital,  including  the  may  be  received 
McLean  Asylum,  may  receive  into  his  custody  and  detain  with'outan'' 
in  such  hospital  or  asylum  for  a  period  not  exceeding  five  ".rcertaln  ia^e^! 
days,  without  an  order  of  a  judge  as  provided  in  section 
eleven,  any  j)erson  as  insane  whose  case  is  duly  certified 
to  be  one  of  violent  and  dangerous  insanity  and  emergency 


392  Acts,  1898.  — Chaps.  439,  MO. 

by  two  physicians  qualified  as  provided  in  section  thirteen, 
which  certificates  shall  be  separately  made  and  sii^ned, 
and  shall  conform  in  all  other  respects  to  the  provisions 
of  section  thirteen. 
Repeal.  Section  2.     Scction  one  of  chapter  fifty-three  of  the 

acts  of  the  year  eighteen  hundred  and  ninety-two  is  hereby 
repealed. 

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

Approved  May  17,  1898. 

Chaj)'^^^  "^^  ^^^  ^^  AUTHORIZE  THE  PILOT  COMMISSIONERS  OF  BOSTON  TO 
SUSPEND  CERTAIN  STATUTORY  PROVISIONS,  RULES  AND  REGULA- 
TIONS DURING  THE  CONTINUANCE  OF  THE  WAR  BETWEEN  THE 
UNITED   STATES   AND   SPAIN. 

Be  it  enacted,  etc.,  as  follows : 

fionlr'sTf'Bos.       Section  1.     The  pilot  commissioncrs  for  the  harbor  of 
tonmaysuB-      Boston  arc  hercbv  autliorizcd  aiid  empowcred  durini;  the 

pend  certain  .  <•     i  i  i        tt     •        i 

statutory  pro-    continuauce  oi  the  present  war  between  the  United  states 
etc!°for  a"  ''^'    aud  Spain  to  suspend  from  time  to  time  and  to  such  extent 
certain  period.    ^^  ^j^^^  ^^^^  deem  ncccssary,  any  of  the  statutory  pro- 
visions, rules  and  regulations  relative  to  pilots,  pilotage, 
pilot  boats  and  pilot  stations  of  the  port  of  Boston,  and 
to  other  pilot   stations  under  their  jurisdiction,   and  to 
suspend  the  penalties  and  liabilities  attached  by  existing 
laws  to  the  violation  of  such  provisions,  rules  and  regula- 
tions. 
stiBpeneion to         SECTION  2.     Sucli   suspcusion   shall  bccomc  operative 

become  opera-  i  i-       a-  c  i^l  j  i?  •  i 

live  upon  pubii-  upou  pul)hcation  ot  the  order  ot  suspension  once  a  day 

catiOD  of  order,    /•■i  •to.-, 

etc.  tor  three  successive  days  in  three  or  more  newspapers 

published  daily  in  the  city  of  Boston,  and  such  suspension 
shall  continue  during  said  war  unless  previously  revoked 
by  order  of  said  commissioners,  published  in  the  manner 
aforesaid. 

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

Approved  May  20,  1898. 

ChaV'4:4:0  ^^   ^^^   RELATIVB    TO    THE    CONSTRUCTION    OF     A    CHANNEL    FROM 

OSTERVILLE   BAY  TO   VINEYARD   SOUND. 

Be  it  enacted,  etc.,  asfollotos: 
conBtniction  of      Section  1.     For  tlic  purposc  of  carrviuf?  out  the  pro- 

cnntint^l  from  »         n  j 

OHierviiiebay    vlslous  of  chaptcv  four  huudrcd  and  eighty-three  of  the 

Bouudf^*"^'       acts  of  the  year  eighteen  hundred  and  ninety-seven  for 

the  construction  of  a  channel  from  Osterville  bay  to  Vine- 


Acts,  1898.  — Chap.  441.  393 

yard  Sound,  ami  lor  building  the  necessary  works  for  the 
protection  and  maintenance  of  said  channel,  the  board  of 
harbor  and  land  commissioners  is  hereby  authorized  to 
expend  a  sum  not  exceeding  seventy-tive  hundred  dollars 
in  addiiion  to  the  amount  authorized  by  section  three  of 
said  chapter  four  hundred  and  eighty-three. 

Section  2.     The  town  of  Barnstable  may,  free  of  ex- Town  of  Bam. 
pense  to  the  Commonwealth,  keep  the  channel  so  con-  cimnneTopeirto 
structed  open  and  free  from  all  obstructions,  to  the  depth  ''"•'''''•'''"  '^'^p^^- 
cut  by  the  harbor  and  land  commissioners. 

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

Approved  May  20,  1898. 

An  Act  to  authorize  the  construction  of  a   channel  from  QJiQjn  \\\ 

VINEYARD   SOUND  TO   LAKE   ANTHONY.  "* 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     The  board  of  haa'bor  and  land  commis-  Harbor  and  land 
sioners  shall,  within  six  months  irom  the  passage  of  this  may  cause 
act,  cause  to  be  surveyed,  if  it  deems  it  necessary,  and  to  cut  from  vine- 
be  cut  from  Vineyard  Sound  into  lake  Anthony,  in  the  I'^^tlnlhouT 
town   of  Cottage    City,   a   channel   or   opening   of  such  ^**'- 
character  and  dimensions  as  may  be  necessary  to  afford 
a  safe  and  suitable  passage  for  boats  and  vessels  of  not 
less  than  five  feet  draft  into  and  out  of  said  lake  Anthony ; 
and  said  board,  if  it  deems  it  necessary,  shall  cause  said 
lake  Anthony  to  be  surveyed,  dredged  and  deepened  in 
order  that  the  same  may  be  used  as  a  boat  harbor. 

Section  2.  Said  board  may  take  by  purchase  or  other-  May  take 
wise,  in  the  name  and  behalf  of  the  Commonwealth  any  etTf**""^^  ''"  ' 
land  or  materials  necessary  for  the  construction  of  said 
channel,  and  the  manner  of  such  taking  and  of  determin- 
ing the  damages  caused  there bj^  or  by  any  doings  of  said 
board  under  the  provisions  of  this  act,  shall  be  the  same 
as  provided  by  sections  seven  and  eight  of  chapter  four 
hundred  and  seven  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-three  relative  to  the  taking  of  land  by  the 
metroiiolitan  park  commission  ;  and  said  board  shall  for 
the  purposes  of  this  act  have  all  the  powers  conferred  upon 
said  park  commission  by  said  sections.  The  damages 
when  finally  determined  shall  be  paid  to  the  person  or 
persons  entitled  thereto  from  the  treasury  of  the  Common- 
wealth. 

Section  3.     The  sum  of  five  thousand  dollars  is  hereby  Appropriation, 
approj^riatod  for  the  purposes  of  this  act,  to  be  paid  out  ^''^' 


394 


Acts,  1898.  —  Chap.  442. 


Town  of  Cot. 
tage  City  may 
keep  channel 
open  to  a  cer- 
tain depth. 


of  the  treasury  of  the  Commonwealth ;  and  no  taking  of 
land  or  dredging  or  construction  shall  be  entered  upon 
until  the  board  of  harbor  and  land  commissioners  is  hrst 
satisfied  that  the  total  expense  thereof  will  not  exceed  said 
sum. 

-Section  4.  The  town  of  Cottage  City  may,  free  of 
expense  to  the  Commonwealth,  keep  the  channel  con- 
structed under  the  provisions  of  this  act  open  and  free 
from  all  obstructions  to  the  depth  cut  by  the  board  of 
harbor  and  land  commissioners. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  20,  1898. 


(J]ia7)A4t2i  ^^  ^'^'^    "^^   AUTHORIZE    THE    CONSTUUCTION   OF   A   CHANNEL    FROM 
SCORTON   HARBOR   TO    BARNSTABLE   BAT. 


Harbor  and  land 
commissioners 
to  cut  a  cliannel 
from  Scorton 
harbor  to  Barn- 
Btable  bay,  etc. 


May  take 
necessary  land, 
etc. 


Town  of  Sand- 
wich may  keep 
channel  open  to 
a  certain  depth. 


Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  l)oard  of  har])or  and  land  commis- 
sioners shall,  within  six  months  from  the  passage  of  this 
act,  cut  a  channel  from  Scorton  harbor  to  Barnstable  bay, 
through  a  strip  of  land  or  beach  at  or  near  a  place  where 
a  channel  or  cut  formerly  existed ;  said  channel  to  be  of 
such  dimensions  as  said  board  shall  deem  necessary  for 
the  best  uses  and  improvement  of  said  Scorton  harbor  and 
for  the  safety  of  the  j^roperty  bordering  thereon. 

Section  2.  Said  board  may  take  by  ])urchase  or 
otherwise  in  the  name  and  ])ehalf  of  the  Commonwealth 
any  land  or  materials  necessary  for  the  construction  of 
said  channel,  and  the  manner  of  such  taking  and  of  deter- 
mining the  damages  caused  thereby,  or  by  any  of  the 
doings  of  said  board  under  the  provisions  of  this  act,  shall 
be  the  same  as  provided  l)y  sections  seven  and  eight  of 
chapter  four  hundred  and  seven  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three  relative  to  the  taking 
of  land  by  the  metropolitan  park  commission ;  and  said 
board  shall  for  the  purposes  of  this  act  have  all  the  powers 
conferred  upon  said  park  commission  l)v  said  sections. 
The  damages  when  finally  determined  shall  be  paid  to  the 
person  or  persons  entitled  thereto,  from  the  treasury  of 
the  Commonwealth. 

Section  3.  The  town  of  Sandwich  may,  free  of  ex- 
pense to  the  Commonwealth,  keep  the  channel  constructed 
under  the  provisions  of  this  act,  open  and  free  from  all 
obstructions,  to  the  depth  cut  l)y  the  board  of  harbor  and 
land  commissioners. 


Acts,  1808.  — Chap.  443.  395 

Section  4.  To  defray  the  expenses  of  the  examination  Appropriation. 
and  surve}'  required  to  be  made  under  this  act,  and  for  the 
excavation  of  the  channel  l)et\veen  Scorton  harbor  and 
Barnstable  l)ay,  and  to  pay  the  damajyes  awarded  under 
the  ])rovisions  of  section  two  of  this  act,  a  sum  not  ex- 
ceeding live  thousand  dollars  is  hereby  appropriated,  to 
be  paid  out  of  the  treasury  of  the  Commonwealth  upon 
the  order  of  said  board  of  harbor  and  land  commissioners. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  20,  1898. 

An  Act  relative  to  sentences  to  the  state  farm.  C%«D.443 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.     When  a  convict  is  sentenced  to  the  state  Duration  of 
farm  the  court  or  trial  justice  imposing  the  sentence  shall  state  farm  not 
not  fix  or  limit  the  duration  thereof.      Whoever  is  so  Hm'ued^etc?'^ 
sentenced  for  drunkenness  may  be  held  in  the  custody 
of  said  state  farm  for  a  term  not  exceeding  one  year,  and 
whoever  is   so  sentenced  for  any  other  offence  may  be 
held  in  such  custod}^  for  a  term  not  exceeding  two  years. 

Section  2.     When  it  shall  appear  to  the  state  board  |[l^™erty°raay 
of  charity  that  any  person  so  sentenced  is  reformed  they  i>ei8suedtocer- 

•^  1  1  Ti  PI  tain  persons. 

may  issue  to  hmi  a  permit  to  be  at  liberty  tor  the  re- 
mainder of  the  period  for  which  he  might  be  held,  upon 
such  conditions  as  they  shall  establish ;  and  they  may 
revoke  said  jjermit  at  any  time  previous  to  its  expiration. 

Section  3.     When  any  permit  issued  as  aforesaid  has  i^oiders  of 

I  T         ^      t         .  .  permits  maj' be 

been  revoked  said  state  board  ot  charity  may  issue  an  returned  to 
order  for  the  return  of  the  holder  thereof  to  said  state  cenain^cases, 
farm ;   and  said  order  may  be  executed    l)y  any  ofiicer  *'^''" 
authorized  to  serve  criminal  process.     The  holder  of  said 
permit  Avhen  returned  to  said  state  farm  shall  be  detained 
therein  for  the  remainder  of  the  term  for  which  he  might 
be  held  under  the  provisions  of  section  one  of  this  act, 
and  the  time  between  his  release  on  permit  and  said  return 
shall  not  be  considered  as  any  part  of  said  term. 

SixTiox    4.      xVll  acts  and  parts  of  acts  inconsistent  '^'^p^'''- 
WMth  this  act  are  herel)y  repealed. 

Section  5.     This  act  shall  take  effect  on  the  first  day  ^"t^^Jl^r "i^ isk 
of  October  in  the  year  eighteen  hundred  and  ninety-eight. 

Approved  May  20, 1898. 


396 


Acts,  1898.  — Chaps.  444,  445. 


1886,329,  §1, 
amended. 


Penalty  for 
seduction. 


(7/i(ZP.444   ^^    ^^"^     RELATIVE     TO    THE     PUNISHMENT    OF     OFFENCES    AGAINST 

CHASTITY  AND   MORALITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  three  hundred  and 
twenty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six  is  hereby  amended  by  striking  out  in  the  fifth 
line,  the  words  "  and  conversation",  so  as  to  read  as  fol- 
lows : —  Section  1.  Section  two  of  chapter  two  hundred 
and  seven  of  the  Public  Statutes  is  hereby  amended  so  as 
to  read  as  follows  :  —  Whoever  fraudulently  and  deceitfully 
entices  or  takes  away  an  unmarried  woman  of  a  chaste  life 
from  her  father's  house  or  wherever  else  she  may  be  found, 
for  the  purpose  of  prostitution  or  for  the  purpose  of  un- 
lawful sexual  intercourse  at  a  house  of  ill-fame  or  assigna- 
tion or  elsewhere  and  whoever  aids  and  assists  in  such 
abduction  for  such  purpose,  shall  be  punished  by  imprison- 
ment in  the  state  prison  not  exceeding  three  years  or  in 
the  common  jail  not  exceeding  one  year  or  by  fine  not 
exceeding  one  thousand  dollars  or  by  both  fine  and  impris- 
onment in  the  jail. 

Section  2.  Section  three  of  chapter  three  hundred 
and  twenty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-six  is  hereby  amended  by  striking  out  in  the 
second  line  thereof,  the  words  "and  conversation",  so  as 
to  read  as  follows  :  —  Section  3.  AVhoever  induces  any 
person  under  the  age  of  eighteen  years  of  chaste  life  to 
have  unlawful  sexual  intercourse  shall  be  punished  by 
imprisonment  in  the  state  prison,  common  jail  or  house 
of  correction  not  exceeding  three  years  or  by  fine  not  ex- 
ceeding one  thousand  dollars  or  by  both  fine  and  imprison- 
ment in  the  jail  or  house  of  correction. 

Approved  May  20,  1898. 


1886,  329,  §  3, 
amended. 


Penalty  for 
unlawful  inter- 
course Willi 
person  under 
eighteen  years 
of  age. 


C7iapA4t5  A^'     Act     RELATIVE     TO     SEWER     ASSESSMENTS     IN     THE     TOWN     OF 

MELROSE. 

Be  it  enacted,  etc.,  asfolloios: 

m^tlmRyX'e        Section  1.     The  boai'd  of  sewer  commissioners  of  the 
apportioned       towu  of  Mclrosc,   OH  thc  Written  request,  made   within 

into  equal  parts  '  , 

or  instalments,  thrcc  mouths  after  notification  ot  assessment,  oi  any  owner 
of  an  estate  assessed  by  said  commissioners  for  its  })r()- 
portional  part  of  the  charge  of  making  and  maintaining 
main  drains  or  common  sewers,  shall  apportion  such  as- 


Acts,  1898.  — Chap.  446.  397 

sessment  into  such  number  of  equal  parts  or  instalments, 
not  exceedln<T  ten,  as  said  owner  shall  state  in  such  re- 
quest, and  said  board  shall  certify  such  apportionment  to 
the  assessors  of  said  town,  and  one  of  said  })arts  or  instal- 
ments, with  interest  from  the  date  of  said  apportionment 
at  the  rate  of  five  per  cent,  per  annum,  shall  be  added  by 
the  assessors  to  the  annual  tax  on  such  estates  for  each 
year  next  ensuing  until  all  of  said  parts  have  been  so 
added  and  paid :  provided^  that  nothing  herein  contained  Proviso. 
shall  be  construed  to  i^revent  the  payment  at  any  time  in 
one  payment  of  any  balance  of  said  assessments  then 
remaining  unpaid,  notwithstanding  such  prior  apportion- 
ment. All  liens  for  the  collection  of  such  assessment 
shall  continue  until  the  expiration  of  two  years  from  the 
time  when  the  last  instalment  is  added  liy  the  assessors 
and  remitted  to  the  collector. 

Section  2.     The  board  of  sewer  commissioners  of  the  sswer  commia- 
town  of  Melrose,  in  addition  to  any  authority  now  con-  make^b^tT- 
ferred  upon  them  to  abate  sewer  assessments  upon  estates  "JfgpMs^ons  of 
in  said  town,  shall  have  full  authority  upon  complaint  of  the  collection  of 
any  person  uiterested  in  the  premises  so  assessed  to  make  etc. 
such  abatements  or  suspensions  of  the  collection  of  assess- 
ments for  the  construction  of  sewers  as  they  may  deem 
just  and  proper,  and  may  make  the  alxitement  upon  the 
whole   amount  of  the  assessment  at   once    or   upon    the 
amount  of  any  ai)poii;ionment  included  in  a  tax  or  tax 
bills.     Any  such  assessment  so  abated  or  suspended  shall 
continue  a  lien  upon  the  estate  on  which  the  assessment  is 
made  until  the  same  is  paid. 

Section  3.     Section   three  of  chapter  three  hundred  Rep«"'- 
and  twenty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  hereby  repealed 

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

Approved  May  20, 1898. 

An  Act  to  authorize  the  city  of  hostox  to   pay  a  sum  of  rjj^nj^  jl^g 

MONEY   TO    EIXEN   M.    HRAWLEY. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1 .     The  city  of  Boston  is  hereby  authorized  to  widow  of  John 
pay  to  Ellen  M.  Brawley,  widow  of  John  P.  Brawley  late    '   '^'"'  ^^' 
assistant  clerk  of  committees  in  the  employ  of  said  city, 
the  balance  of  the  salary  to  which  he  would  have  been  en- 
titled had  he  lived  and  continued  to  hold  his  office  until 


398 


Acts,  1898.  — Chaps.  447,  448. 


the  thirty-first  day  of  January  in  the  year  eighteen  hun- 
dred and  nhiety-nine. 

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

Approved  May  20,  1898. 


United  Slates 
service,  etc 


Chap.4i4:7  ^^^  ^^'^    RELATIVE    TO    ENLISTMENTS    IN    THE   AKMY   AND  NAVY   OF 

THE   UNITED   STATES. 

Be  it  enacted,  etc.,  asfolloivs: 

abs^e^nce^may  be      Section  1.      Hcads  of  departments,  boards,  commis- 
granted  to  em-    sious  and  Superintendents  of  state  institutions  havinir  in 

ployees  111118-  .  i  i  i       •  t 

tered  into  the  tlieir  employ  men  who  desire  to  enlist  under  the  call  ot 
the  president  of  the  United  States  for  service  in  the  war 
now  existing  between  the  United  States  and  Spain  are 
hereby  authorized  to  grant  leave  of  absence,  without  ])ay, 
to  men  mustered  into  the  volunteer  service  of  the  United 
States,  until  they  are  honorably  discharged  therefrom  ; 
and  said  officials  are  hereby  authorized  to  fill  temporarily 
any  vacancies  occurring  by  reason  of  such  mustering  into 
the  United  States  service. 

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

Approved  May  20, 1898. 


C/iap.448 


Swift  Charity 
incorporated. 


May  take  and 
hold  certain 
property,  etc. 


An  Act  to  incorpouate  the  savift  charity. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Spencer  W.  Eichardson,  Amor  L.  Rol- 
lings worth,  Samuel  Gannett  and  their  successors  are 
hereby  made  a  corporation  by  the  name  of  the  Swift  Char- 
ity, for  the  purpose  of  aiding,  rendering  more  comfortable 
and  supporting  needy  and  deserving  persons  in  the  town 
of  Milton;  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 
applicable  to  such  corporations,  so  far  as  the  same  may  be 
applicable  to  the  corporation  hereby  created. 

Section  2.  Said  corporation  shall  have  power  to  take 
and  liold  the  property,  real  and  personal,  given  by  ^Mary  F. 
Swift  and  Elizabeth  11.  Swift,  both  late  of  ^lilton,  deceased, 
by  their  last  wills,  for  the  benefit  of  needy  and  deserving 
women  and  children  in  said  town  of  Milton,  either  through 
the  instrumentality  of  the  Swift  Home,  so-called,  or  other- 
wise, as  provided  in  said  wills  ;  and  shall  hold  and  admin- 
ister said  property  for  charitable  uses,  under  the  conditions 
and  directiona  pertaining  to  said  property  in  said  wills. 


Acts,  1898.  — Chaps.  449,  450.  399 

Section  3.-  Said  corporation  shall  have  power  to  take  <i rants, 
and  hold  by  purchase,  grant,  gift,  bequest,  devise  or  other-  *^^"^*  *'^  *'' 
wise,  and  to  administer  for  any  of  the  purposes  specified 
in  section  one,  any  other  real  or  personal  estate  ;  but  the 
aggregate  value  of  the  property,  real  and  personal,  which 
said  corporation  may  take  and  hold  shall  not  exceed  one 
hundred  thousand  dollars. 

Section  4.  "When  vacancies  occur  in  the  membership  vacancies  in 
of  said  corporation  the  judge  of  proljate  for  the  county  of  '"""'  '^^  '^' 
Norfolk  shall  have  power  to  fill  the  same  upon'nomination 
l)y  the  then  members  or  member,  provided  the  person  so 
nominated  is  satisfactory  to  said  judge.  If  at  any  time 
there  is  no  member  of  said  corporation  the  said  judge 
of  probate  shall  appoint  some  fit  person  to  be  a  member 
thereof,  and  the  remaining  vacancies  shall  be  filled  in  the 
manner  aforesaid. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  20,  1898. 

An  Act  kfxative  to  the   fall  river  philanthropic   burial  /^^^^  aaq 

SOCIETY.  -^ 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1 .     The  Fall  Eiver  Philanthropic  Burial  Soci-  The  Faii  River 
ety,  a  charita])le  association  incorporated  under  the  pro-  Buria°'soXty 
visions  of  chapter  three  hundred  and  seventy-five  of  the  "nYfunerlr^'' 
acts  of  the  year  eighteen  hundred  and  seventy-four,  and  lo-  benefits,  etc. 
cated  in  Fall  River,  is  hereby  authorized  to  pay  death  and 
funeral  benefits  for  the  expense  of  burial  of  its  members, 
as  it  has  done  since  its  orsanization,  without  otherwise  con- 
forming  to  the  provisions  of  chapter   four  hundred  and 
twenty-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety,  and  of  chapter  three  hundred  and  sixty-seven  of 
the  acts  of  the  year  eighteen   hundred  and  ninety-four, 
and  acts  in  amendment  thereof  and  in  addition  thereto. 

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

Apjjroved  May  20,  1898. 


Chap.450 


An  Act  to  authorize  the  trustees  op  westfield  academy 
TO  convey  a  certain  tuact  of  land  to  the  avestfield 
athen.eum. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.     The  Trustees  of  Westfield  Academy  are  The  Trustees 
hereby  authorized  to  grant  and  convey  to  the  Westfield  Acaaemy  may 


400 


Acts,  1898.  —  Chap.  451. 


convey  certain 
real  e»tate  to 
the  Westtield 
Athenaeum. 


Athenseum,  without  any  actual  considerutiou  paid  therefor, 
a  certain  tract  of  real  estate,  witli  the  buildings  thereon, 
.situated  in  the  town  of  Westfield,  bounded  and  dcscril)ed 
as  follows :  —  Beginning  at  a  point  on  the  west  side  of 
Elm  street,  twenty  feet  southerly  from  the  southeast  corner 
of  Henry  Holland's  store,  thence  running  westerly  to  the 
northeast  corner  of  E.  B.  Gillett's  home  lot,  thence  south- 
erly on  the  east  line  of  said  Gillett's  home  lot  about  one 
hundred  and  ninety  feet  to  Court  street,  thence  easterly 
on  said  Court  street  to  its  junction  with  Elm  street,  thence 
northerly  on  said  J^lm  street  to  the  place  of  beginning,  — 
together  with  a  right  of  way  over  the  land  adjoining  said 
tract  on  the  northerly  side  thereof,  not  exceeding  twenty 
feet  wide  from  said  Elm  street  westerly  to  the  road  opened 
by  said  trustees  leading  west  to  Washington  street,  to 
have  and  to  hold  the  same  to  said  athenaeum  for  its  uses 
and  purposes. 

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

A2)2>fOved  May  21,  1898. 


Cha7).4:51.  ^^    ^^^     KELATIVE     TO    CONTAGIOUS    DISEASES     AMONG    DOMESTIC 

ANIMALS. 

Be  it  enacted,  etc.,  as  follows: 

^pVelflTcoL        Section  1.     The  work  of  preventing  the  spread  of 
tagious  diseases  coiitagious  discascs  amono;  domestic  animals,  as  provided 

among  domestic    /.,~i  .  .  ,,  ,  /-i  /» 

animals.  tor  by  chaptcr  tour  hundred  and  ninety-one  of  the  acts  of 

the  year  eighteen  hundred  and  ninet^'-four,  and  by  acts  in 
amendment  thereof  and  in  addition  thereto,  shall  hereafter, 
so  far  as  possible,  be  performed  and  the  appropriations 
therefor  expended  by  local  inspectors  acting  under  the 
direction  of  the  board  of  cattle  commissioners. 

^ionll-s'^m'^y'''"  Section  2.  Tho  boai'd  of  cattle  commissioners,  in  the 
ake  and  issue  excrcisc  of  thc  authoritv  conferred  uiwn  them  by  chapter 

lies  mid  regu-  ,     •  _         i  ^  J  I 

four  hundred  and  ninety-one  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four  and  acts  in  amendment 
thereof  and  in  addition  thereto,  is  hereby  given  power  to 
make  and  issue  rules  and  regulations  for  the  guidance  of 
inspectors  of  animals  and  provisions  in  the  inspection  of 
meat,  which  shall  conform  with  the  rules  and  regulations 
of  the  United  States  bureau  of  animal  industry  for  the 
inspection  of  meat  for  export  and  for  interstate  commerce. 

Approved  May  23,  189S. 


regu 
lations  for  the 
guidance  of 
inspectors. 


Acts,  1898.  — Chap.  452.  401 


Ax  Act  kelative  to  the  height  of  buildings  ox  and  near  ClJidj)  459 

COPLEY   square   in   THE   CITY   OF    BOSTON. 

Be  it  enacted,  etc.,  as  folloius : 

Section  1.     Any  building  now  being  built  or  hereafter  iieigiu  of  buiiii. 
to  bo  built,  rebuilt  or  altered  in  the  city  of  Boston,  upon  olfcenain  I'uld 
any  land  abutting  on  St.  James  avenue,  between  Claren-  Bos'tonrJ."^ 
don   street  and  Dartmouth  street,   or  upon   land  at  the  stricted, 
corner  of  Dartmouth  street  and  Huntington  avenue,  now 
occupied  by  the  Pierce  Iniilding,  so-called,  or  upon  land 
abutting  on  Dartmouth  street,  now  occupied  by  the  Boston 
Public  Library  building,  or  upon  land  at  the  corner  of 
Dartmouth  street  and  Boylston  street,  now  occupied  by 
the  New  Old  South  Church  building,  may  be  completed, 
built,  rebuilt  or  altered  to  the  height  of  ninety  feet,  and 
no  more  ;  and  upon  any  land  or  lands  abutting  on  Boyl- 
ston   street,    between    Dartmouth   street    and   Clarendon 
street,  may  be  completed,  built,  rebuilt  or  altered  to  the 
height  of  one  hundred  feet,  and  no  more :  ijrovided,  hoic-  proviso. 
eveVy   that  there  may   be  erected  on  any  such  building, 
a))ove  the  limits  hereinbefore  prescribed,  such  steeples, 
towers,  domes,  sculptured  ornaments  and  chimneys  as  the 
board  of  park  commissioners  of  said  city  may  approve. 

Section  2.     The  provisions  of  chapter  three  hundred  9<^':'"'"  pj"- 

1,.  ^      ,  ^  .,  ,     •.  1111    visions  of  law 

and  thirteen  of  the  acts  ot  the  year  eighteen  hundred  and  uot  to  apply. 
ninety-six,  and  of  chapter  three  hundred  and  seventy-nine 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-seven, 
so  far  as  they  limit  the  height  of  buildings,  shall  not  be 
construed  to  apply  to  the  territory  specified  and  restricted 
in  section  one  of  this  act. 

Section  H.     The  owner  of  or  any  person  having  an  certain  persons 
interest  in  any  building  upon  any  land  described  in  sec-  ™a™4*e*!ffrom 
tion  one  of  this  act,  the  construction  whereof  was  begun  on^iecVunfo" 
but  not  completed  before  the  fourteenth  day  of  January  in  [^''i^e-^ht " f  "** 
the  current  year,  who  suffers  damage  under  the  provisions  buildings. 
of  this  act  by  reason  or  in  consequence  of  having  planned 
and  begun  such  construction,  or  made  contracts  therefor, 
for  a  height  exceeding  that  limited  by  section  one  of  this 
act  for  tlio  locality  where  said  construction  has  been  begun, 
may  recover  damages  from  the  city  of  Boston  for  material 
bought  or  actually  contracted  for,  and  the  use  of  which  is 
prevented  by  the  provisions  of  this  act,  for  the  excess  of 
cost  of  material  I)ought  or  actually  contracted  for  over  that 
which  would  be  necessary  for  such  building  if  not  exceed- 


402 


Acts,  1898.  — Chap.  453. 


Damage  or  loss 
raay  be  re- 
covered in  cer- 
tain cases.. 


ing  in  height  the  limit  prescribed  for  that  locality  by  sec- 
tion one  of  this  act,  less  the  value  of  such  materials  as  are 
not  required  on  account  of  the  limitations  resulting  from 
the  provisions  of  this  act,  and  the  actual  cost  or  expense 
of  any  re-arrangement  of  the  design  or  construction  of 
such  building  made  necessary  by  this  act,  by  proceedings 
begun  within  two  years  of  the  passage  of  this  act,  and  in 
the  manner  prescribed  ])y  law  for  obtaining  payment  for 
damages  sustained  l)y  any  person  whose  land  is  taken  in 
the  laying  out  of  a  highway  in  said  city. 

Section  4.  Any  person  sustaining  damage  or  loss  in 
his  property  by  reason  of  the  limit  of  the  height  of  build- 
ings provided  for  in  this  act,  may  recover  such  damage  or 
loss  from  the  city  of  Boston,  by  proceedings  begun  within 
three  years  of  the  passage  of  this  act,  and  in  the  manner 
prescribed  by  law  for  obtaining  payment  for  damages  sus- 
tained by  any  person  whose  land  is  taken  in  the  laying 
out  of  a  highway  in  said  city. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  23,  1898. 


ChapA53 


Records  of 
church,  parish, 
religious 
Bocieties,  etc., 
to  be  delivered 
to  city  or  town 
clerks  in  certain 
cases. 


Records  to  l)e 
returned  under 
certain  con- 
ditions. 


Proviso. 


An  Act  to  provide  for  the  custody  of  certain  records. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  When  a  church,  parish,  religious  society, 
monthly  meeting  of  the  people  called  Friends  or  Quakers, 
or  any  similar  body  of  persons  who  have  associated  them- 
selves together  for  the  })urpose  of  holding  religious  meet- 
ings, shall  cease  for  the  term  of  two  years  to  hold  such 
meetings,  the  persons  having  the  care  of  any  of  the  rec- 
ords or  registries  of  such  body,  or  of  any  officers  thereof, 
shall  deliver  all  such  records  to  the  clerk  of  the  city  or 
town  in  which  such  body  is  situated,  and  such  clerk  may 
certify  copies  thereof. 

Section  2.  If  any  such  body  the  records  or  registries 
of  which  or  of  any  officers  of  which  have  been  so  delivered 
shall  resume  meetings  under  its  former  name,  or  shall  be 
legally  incorporated,  either  alone  or  with  some  similar 
body,  the  clerk  of  said  city  or  town  shall,  upon  demand 
made  in  writing  by  a  duly  authorized  person,  deliver  such 
records  or  registries  to  such  person  :  provided,  hoivever, 
that  such  person  shall  in  writing  certify  that  to  the  best 
of  his  knowledge  and  l)olief  said  meetings  are  to  be  con- 
tinued, or  such  incorporation  has  been  legally  completed. 


Acts,  1898.  —  Ch.u>s.  454,  455.  403 

Section  3.     Every  person  who  after  demand  made  by  PeisonB  wrong- 

t  1       I  •   1     1   1       S  1  •  (•  ii  1      fully  (letiiimng 

the  clerk  entitled  by  law  to  have  possession  ot  the  records  records  shaii 
or  registries  aforesaid  wrongfully  detains  the  same,  shall  driected"to  (lo- 
on  petition  of  such  clerk  to  the  superior  court  sitting  in  lij'^f'iell'"  ^'* 
equity  be  directed  to  deliver  the  same  to  said  clerk. 

Section  4.     Nothing  in  this  act  shall  be  construed  to  Not  to  apply  to 
apply  to  the  custody  of  any  records  essential  to  the  con-  certain  "eVorda. 
trol  of  any  property  or  trust  funds  belonging  to  any  body 
of  persons  mentioned  in  this  act. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  24,  1898. 

An  Act  to  allow  the  restoration  to  the  public  service  of  (JJ^nr^  45^ 

PERSONS   LEAVING   IT   FOR  MILITARY   SERVICE   IN  TIME   OF   WAR.  " 

Be  it  enacted^  etc.,  as  follows: 

Any  person  appointed  to   or  employed  in  the  public  Certain  persons 

.  /.    ,  1  /-K  11  /•  -J  J.1  c     niay  be  restored 

service  ot  the  Commonwealth  or  ot  any  city  tbereot,  tothepubiic 
classitied  under  the  civil  service  rules  made  under  the  pro-  examination"" 
visions  of  chapter  three  hundred  and  twenty  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-four  and  acts  in 
amendment  thereof,  who  may  resign  or  leave  such  service 
for  the  purpose  of  enlisting  and  serving  in  the  army  or 
navy  of  the  United  States,  or  in  the  militia  of  the  Com- 
monwealth in  time  of  war,  may  at  any  time  within  one 
year  after  his  honorable  discharge  from  such  military  or 
naval  service  be  appointed  to  his  former  position  or  em- 
ployment in  the  public  service,  or  to  a  similar  position, 
without  application  or  examination  under  the  civil  service 
rules.  Approved  May  24,  1898. 


under  civil  ser- 
vice rules. 


ChapA55 


An  Act  to  define  the  liability  of  the  commonwealth 
arising  from  defects  in  streets  on  certain  lands  under 
the  care  and  control  of  the  metropolitan  pakk  com- 
MISSION. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  Section  two  of  chapter  four  hundred  and  amended.^  ^' 
sixty-five  of  the  acts  of  the  year  eighteen  hundred  and 
nin(>ty-six  is  hereby  amended  by  adding  at  the  end  of  said 
section  the  following  w'ords : — The  liability  arising  out 
of  any  defect  or  want  of  repair  in  any  street  within  the 
limits  of  such  tracts  of  land  as  may  be  transferred  for  care 
and  control  under  the  provisions  of  this  act  to  said  met- 
ropolitan park  commission,  and  the  rights  and  remedies 


i04  Acts,  1898.  —  Chap.  455. 

thereto  appertaining,  shall  be  in  all  respects  the  same  as 
those  provided  in  relation  to  the  repairs  of  i)ublic  ways 
and  bridges  by  chapter  fifty-two  of  the  Public  Statutes, 
and  by  acts  in  amendment  thereof  and  in  addition  thereto. 
Actions  for  the  enforcement  of  such  rights  and  remedies 
shall  be  brought  against  the  commissioners  as  such,  but 
there  shall  never  be  any  personal  liability  on  the  part  of 
them  or  any  of  them  to  any  person  injured  as  aforesaid 
by  reason  of  such  defect  or  want  of  repair.  Notices  re- 
quired to  be  served  ujion  the  defendant  in  proceedings 
hereunder  shall  be  served  upon  any  member  of  the  board 
or  upon  its  secretary.  All  sums  recovered  against  said 
commission  under  the  foregoing  provisions,  together  with 
any  costs  of  suit  and  counsel  fees,  expenses  and  interest, 
shall  be  taken  and  hekl  to  be  expenses  of  care  and  main- 
Careandcon-     tcuancc, — SO  as  to  rcad  as  follows: — Section  2.     Said 

trol  of  certain  .       .  .      ,  ,  i         •        i  i 

lands,  etc.  commissiou  IS  hereby  authorized  and  empowered  to  trans- 
fer for  care  and  control,  including  police  protection,  any 
lands  or  rights  or  easements  or  interest  in  land,  although 
the  same  be  a  roadway  or  boulevard  owned  or  controlled 
by  it,  to  any  city,  town  or  county,  or  local  board  of  a  city 
or  town  within  the  metropolitan  parks  district,  with  the 
consent  of  such  city,  town,  county  or  board,  and  upon 
such  terms  and  for  such  period  as  may  be  mutually  agreed 
upon,  and  to  enter  into  an  agreement  with  any  such  city, 
town  or  county  or  board  for  the  joint  care  and  control  or 
police  protection  of  said  land  or  boulevard,  and  also  for 
laying  out,  constructing  and  maintaining  streets  or  ways 
into  or  across  any  such  land  or  boulevard ;  and  any  city, 
town  or  county,  or  any  local  board  within  the  metropolitan 
parks  district,  is  hereby  authorized  and  empowered  to 
transfer  for  care  and  control,  including  police  protection, 
any  land,  rights,  easements  or  interest  in  land  in  its  con- 
trol, although  the  same  be  already  a  part  of  a  j)ublic  street 
owned  or  controlled  by  it,  to  the  metropolitan  park  com- 
mission for  such  period  and  upon  such  terms  as  may  be 
mutually  agreed  u])on,  and  to  enter  into  an  agreement 
with    said    connnission    for   the  joint   care   and   control. 

Liability  arising  includin<r  i^olicc  protection,  of  said  land  or  street.     The 

from  defects  in  '^    '.  '  ,  .  .... 

certain  BtrectH,  liability  arisuig  out  ot  any  detect  or  want  or  repair  in  any 
street  within  the  limits  of  such  tracts  of  land  as  may  be 
transferred  for  care  and  control  under  the  provisions  of 
this  act  to  said  meti'opolitan  ])ark  commission,  and  the 
rights  and  remedies  thereto  appertaining,  shall  bo  in  all 
respecta  the  same  as  those  provided  in  relation  to  the 


•Acts,  1898.  — Chaps.  450,457.  405 

repairs  of  public  ways  and  bridges  by  chapter  fifty-two 
of  the  Public  Statutes,  and  by  acts  in  amendment  thereof 
and  in  addition  thereto.  Actions  for  the  enforcement  of 
such  riirlits  and  remedies  shall  be  brought  against  the 
connnissi oners  as  such,  but  there  shall  never  be  any  per- 
sonal liability  on  the  part  of  them  or  any  of  them  to  any 
person  injured  as  aforesaid  by  reason  of  such  defect  or 
want  of  repair.  Notices  required  to  be  served  upon  the 
defendant  in  proceedings  hereunder  shall  be  served  upon 
any  member  of  the  board  or  upon  its  secretary.  All  sums 
recovered  against  said  commission  under  the  foregoing 
provisions,  together  with  any  costs  of  suit  and  counsel 
fees,  expenses  and  interest,  shall  be  taken  and  held  to  be 
expenses  of  care  and  maintenance. 

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

Approved  May  24,  1898. 

Ax  Act  relative  to  the  transfer  by  mortgage  by  the   cen-  /^L^^^  4^fi 

TRAL   VERMONT    RAILROAD    COMPANY   OF   SAID    COMPANY'S    INTER-  -^ 

EST   AS   LESSEE  IN   THE  NEW   LONDON  NORTHERN  RAILROAD. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  transfer  by  mortgage,  dated  the  twenty-  Transfer  of 
sixth  day  of  October  in  the  year  eighteen  hundred  and  by  central  Ver- 
ninety-two,  to  the  American  Loan  and  Trust  Company,  company  to""^ 
made  by  the  Central  Vermont  Railroad  Company  of  the  f„dTruTtoom" 
interest  of  the  Central  Vermont   Railroad  Company  as  pany  consented 
lessee  in  the  New  London  Northern  Railroad  is  hereby 
consented  to,  provided  such  consent  shall  take  effect  only 
when  approved  by  the  board  of  railroad  commissioners  of 
^Massachusetts  upon  hearing. 

Section  2.  This  act  shall  take  effect  upon  its  passage,  when  to  take 
and  may  be  altered,  amended  or  repealed  at  the  will  of  the  ''**^'='' *'*'=• 
general  court,  and  meantime  said  New  London  Northern 
Railroad  Company,  or  its  lessees,  or  the  person  or  per- 
sons, corporation  or  corporations,  having  control,  charge 
and  management  thereof,  shall  be  under  obligation  to  ob- 
serve all  laws  of  this  Commonwealth  relating  to  railroads. 

Approved  May  24,  1898. 

Ax  Act  relative  to  suits  to  quiet  the  title  to  real  estate.  (JJin^y  457 
Be  it  enacted,  etc.,  as  foUoics: 

Section  1.     Section  one  of  chapter  five  hundred  and  „^^'„d^\^'' 
twenty-two  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-seven  is  hereby  amended  by  striking  out  the  whole 


406  Acts,  1898.  — Ciiai\  458. 

of  said  section  and  inserting  in  place  thereof  the  follow- 
Say't"  inatfo""''  'hg  :  —  Seclioii  1.  In  an>'  suit  in  equity  brought  in  the 
iiaities  (lefeiui-   supreme  iudicial  court  or  in  the  superior  court,  in  order 

ant  111  suitH  to  '■       .         "^  ,  ,^  .■,.,. 

quiet  title  to  to  quict  or  cstabhsh  the  title  to  real  estate  situated  within 
'  '  this  Commonwealth,  or  to  remove  a  cloud  from  the  title  to 
such  real  estate,  in  which  suit  it  is  sought  to  determine 
the  claims  or  rights  of  any  person  or  persons  who  are  un- 
ascertained, not  in  being,  unknown,  or  out  of  the  Com- 
monwealth, or  who  for  any  reason  cannot  be  actually 
served  with  process  and  made  personally  amenable  to  the 
decree  of  the  court,  such  person  or  persons  may  be  made 
parties  defendant,  and  if  they  are  unascertained,  not  in 
being,  or  unknown,  general  words  of  description,  such  as 
the  heirs  or  legal  representatives  of  A  B,  or  such  persons 
as  shall  become  heirs,  devisees,  or  appointees  of  C  D,  a 
living  person  or  persons  claiming  under  A  B,  shall  suffice. 
It  shall  not  be  necessary  for  the  maintenance  of  such  suit 
that  the  parties  defendant  shall  have  a  claim  or  the  possi- 
bility of  a  claim  resting  upon  an  instrument  the  cancella- 
tion or  surrender  of  which  would  alibrd  the  relief  desired  ; 
but  it  shall  be  sufficient  that  the  parties  defendant  claim  or 
may  claim  by  purchase,  descent  or  otherwise,  some  right, 
title,  interest  or  estate  in  the  land  which  is  the  subject  of 
the  suit  which  claim  cannot  be  met  by  the  plaintiffij  with- 
out the  production  of  evidence.  Two  or  more  persons 
claiming  to  own  separate  and  distinct  parcels  of  land  in 
the  same  county  by  titles  derived  from  a  common  source 
may  join  as  parties  plaintiff  in  any  suit  brought  under  this 
act. 

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

Apiwoved  May  24,  1S9S. 

(JJiar).4:5S  ^^  ^^"^  kelative  to  administrators,  executors  and  trustees. 
Be  it  enacted,  etc.,  as  follows: 

^?"'.'".°/  ,  Sectiox  1.     An  administrator,   an  administrator  with 

etc.  the  will  annexed,  or  an  executor  of  a  will  or  a  trustee 

thereunder,  who  shall,  for  the  period  of  thirty  days  after 

his  appointment,  fail  to  file  his  bond,  duly  approved,  may 

be  considered  to  have  declined  his  trust. 

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

Approved  May  24^  1898. 


Acts,  1898.  — Chaps.  459,  460,  461.  40f 

An  Act  to  establish  the  salary  of  the  first  clerk  of  the  (77iax>.459 

SECRETARY   OF   THE   STATE   BOARD   OF   AGRICULTURE. 

Be  it  enacted^  etc.,  asfolloios: 

Section  1.     The  salary  of  the  first  clerk  of  the  secre-  First  cierk  of 
tiirv  of  the  state  board  of  agriculture  shall   be  eighteen  boani^of^  °  • 
hundred  dollars  a  year,  to  be  so  allowed  from  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety-eight. 

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

Approved  May  24,  1898. 

An  Act  to  establish  the  salaries  of  the  justice  and  clerk 

OF   the   fourth   district   court   of   BERKSHIRE. 


culture. 


ChapAm 


Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  salary  of  the  justice  of  the  fourth  dis-  Justice  and 
trict  court  of  Berkshire  shall  be  fourteen  hundred  dollars  district  court  of 
a  year,  and  the  salary  of  the  clerk  of  said  court  shall  be 
six  hundred  dollars  a  year,  to  be  so  allowed  from  the  first 
day  of  January  in  the  year  eighteen  hundred  and  ninety- 
eight. 

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

Approved  May  24,  1898. 

An    Act    to    authorize    the    county    commissioners    of    the  HJidrf^^QI 

COUNTY   of   WORCESTER  TO   MAKE    TEMPORARY  LOANS    FOR     THE 
PURPOSE   OF   ERECTING   A    COURT   HOUSE. 

Be  it  enacted,  etc.,  as  foliates: 

Section  1 .     The  county  commissioners  of  the  county  County  com- 

,.   -,,-  ,  1  1  J 1         •        1    J.  1         J.  misslouers  may 

01   u  orcestcr  are  liereby  authorized  to  make  temporary  make  tem- 
loans  for  the  puri)o.se  of  erecting  a  court  house  in  said  for'^orecung'^a 
county,  in  accordance  with  the  provisions  of  chapter  four  courthouse. 
hundred  and  forty-nine  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-seven,  and  to  issue  the  note  or  notes 
of  said  county  for  such  temporary  loans.     Said  loans  shall 
be  repaid  from  the  proceeds  of  the  permanent  loans  au- 
thorized by  said  chapter  four  hundred  and  forty-nine. 

Section  2.     The  note  or  notes  hereby  authorized  shall  Worcester 

1      •        /»  1  1  /^  TT  Court  House, 

bear  on  their  face  the  words,  Worcester  Court  House,  Temporary 
Temporary  Loan,  xVct  of  1898,  and  shall  be  signed  by  the  isga.' 
treasurer  of  said  county  and  by  a  majority  at  least  of  the 
county  commissioners. 

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

Approved  May  24,  1898. 


etc 


408  A(!TS,  1898.  — OiiAP.  4(i^. 

Ch(l7).4:G2  ^^  ^^"^  RELATIVE    TO    THE    COLLECTION    OF    SEWER    ASSESSMENTS 
IN  THE   GREAT   BARRINGTON   FIRE   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

1886, 279,  §  12,  Section  twelve  of  chapter  two  hundred  and  seventy-nine 
of  the  acts  of  the  year  eighteen  hundred  and  ei(rhty-six, 
as  amended  by  section  »ix  of  chapter  two  hundred  and 
fifty-five  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  foUow- 

Assessments  to  j,-jor ;  —  Section  12.     All  asscssmcnts  made  by  the  board 

constimte  a  lien         "  .  •  i  i  i  • 

on  real  estate,  of  commissionei's  of  sulcwalks,  common  sewers  and  main 
drains  of  the  Great  Barriugton  Fire  District  shall  consti- 
tute a  lien  on  the  real  estate  assessed,  for  three  years  from 
the  time  of  assessment  and  for  one  year  after  the  final 
determination  of  an}'^  suit  or  proceeding  in  which  the 
amount  or  validity  of  such  assessment  shall  be  drawn  in 
question.  Every  assessment  made  by  said  board  shall  be 
recorded  in  books  to  be  kept  for  that  purpose,  and  a  list 
thereof  shall  be  committed  by  said  board  for  collection 
to  the  person  authorized  by  law  to  collect  taxes  in  said 
district.  Said  collector  shall  forthwith  publish  the  same 
for  three  successive  weeks  in  some  newspaper  published 
in  said  district ;  and  shall,  on  or  before  the  day  of  the  last 
publication  thereof,  demand  payment  of  the  same  of  the 
owner  or  occupant  of  the  land  assessed,  if  known  to  him 
and  within  his  precinct.  If  any  such  assessment  is  not 
paid  within  three  months  from  the  last  publication  of  said 
list  he  shall  levy  the  same,  with  incidental  costs  and  ex- 
penses, by  sale  of  the  land,  such  sales  to  be  conducted 
like  sales  of  land  for  the  non-payment  of  taxes ;  and  in 
making  such  sales  and  any  sales  for  taxes  assessed  for  said 
district  such  collector  and  said  district  and  its  officers  shall 
have  all  the  powers  and  privileges  conferred  by  the  gen- 
eral laws  of  the  Commonwealth  upon  collectors  of  taxes, 
and  upon  cities  and  towns  and  their  officers,  relating  to 
sales  of  land  for  the  non-payment  of  taxes.  Tlic  collector 
shall  pay  over  all  moneys  received  I)y  him  under  this  act 
to  the  treasurer  of  said  district  in  the  same  manner  as 
moneys  received  by  him  from  taxes  assessed  for  said  dis- 
trict by  the  assessors  of  the  town  of  Great  Barrington. 

Approved  May  24,  1S98. 


Acts,  1898.  — Chap.  403.  4o9 


ChapAeS 


Ax  Act  to  ruovioK  von  thk  improvement  ok  the  banks  ok 

KIVEUS  AND  PONDS  WITHIN  THE  MF;TUOP'OLITAN  PARKS  DISTRICT. 

Be  it  enacted,  etc. ,  as  folloics  : 

Sectiox  1.     The  board  of  metropolitan  park  coraniis-  Metropolitan 

,  i.,.  ,  1         11  ^  1     L'  park  commis- 

sioners,   111   addition   to    any  and    all    powers    heretotore  eionersmay 

iiiven,  is  herel)y  authorized  for  the  purpose  of  making  the  utl"df  cVrtain 
rivers  and  ponds  within  the  metropolitan  parks  district  spaces, etc. 
more  available  as  open  spaces  for  recreation  and  exercise, 
to  regulate  the  use  of  certain  spaces  along  or  near  said 
rivers  and  ponds  within  said  district,  and  to  care  for  and 
maintain  the  spaces  so  regulated ;  and  for  this  purpose 
the  said  board  is  hereby  authorized  to  take  by  eminent 
domain,  or  to  acquire  by  agreement  or  otherwise,  the 
rigiit  forever,  or  for  such  period  of  time  as  said  board 
may  deem  expedient,  to  plant,  care  for,  maintain  or  re- 
move trees,  shrubs  and  2rrowth  of  anv  kind  within  said 
regulated  spaces,  and  also  and  for  the  same  purpose  and 
for  such  periods  of  time  as  said  board  may  deem  expe- 
dient, to  take  or  impose  by  eminent  domain,  or  acquire 
the  benefit  of  by  agreement  or  otherwise,  such  restrictions 
upon  such  regulated  spaces  as  said  board  may  deem  ex- 
])edient :  provided,  hov'cver,  that  none  of  the  rights  above  Proviso. 
mentioned  nor  any  restrictions  shall  be  taken  or  imposed 
l)y  right  of  eminent  domain  without  the  concurrence  of  a 
majority  of  the  board,  and  without  the  concurrence  of  a 
majority  of  the  board  of  park  commissioners,  if  any,  of 
the  city  or  town  in  which  the  land  lies  out  of  which  said 
rights  are  taken  or  upon  which  said  restrictions  are  im- 
posed.     Nothino;  however  in  any  of  the  foregoino;  pro-  certain  powers 

.  *~  O"----!-  not  limitt^d   6tc. 

visions  shall  be  construed  to  abridge  or  limit  in  any 
manner  the  })owers  heretofore  given  to  said  board  to  take 
or  acMjuire  land  or  rights  in  land  in  fee  simple,  even  after 
rights  may  have  been  taken  or  restrictions  imposed  under 
the  provisions  of  this  act. 

Section  2.  Said  board  shall  estimate  and  determine  Damages. 
as  near  as  may  be  all  damages  sustained  by  any  person  or 
cor|)oration  by  the  exercise  of  the  powers  of  eminent 
domain  conferred  by  the  provisions  of  this  act,  but  any 
one  aggrieved  by  such  determination  of  the  board  may 
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 


410  Acts,  1898.  — Chap.  464. 

award  of  tlie  board  the  aggrieved  party  shall  recover 
costs,  otherwise  such  party  shall  pay  costs,  and  costs  shall 
be  taxed  as  in  civil  cases ;  but  no  suit  for  such  damages 
shall  be  brought  after  the  expiration  of  two  years  from 
the  date  of  the  recording  of  the  taking  as  required  by  the 
followinij  section. 
?n-m!/'to°be  Section  3.      Said  board  shall  cause  to  be  filed  and 

recorded,  etc.  rccordcd  in  tlic  registry-  of  deeds  for  the  county  in  which 
the  land  lies  out  of  which  any  rights  may  be  taken  or 
upon  which  restrictions  may  be  imposed  by  eminent  do- 
main, and  within  sixty  days  from  the  date  of  such  taking 
or  the  imposing  of  such  restrictions,  a  description  suffi- 
ciently accurate  for  the  purpose  of  identification,  of  the 
land  in  regard  to  which  the  right  of  eminent  domain  is 
exercised,  together  with  a  statement  of  the  rights  taken 
or  restrictions  imposed,  which  description  and  statement 
shall  be  signed  by  the  board  or  a  majority  thereof. 
pr"oli8'ion«!"*  °^  Section  4.  The  supreme  judicial  court  shall  have 
jurisdiction  in  equity  to  enforce  the  provisions  of  this  act. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  24,  189S. 

(JJiar).4:64:  ^^^    ^^^    "^^    AUTHOKIZE  THE  METROPOLITAN  WATEK  BOARD  TO 
CONVEY  AND  EXCHAKGE  LAND  AND  EASEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

wate?  board"  Section  1.      In   auv  case   in   which  the  metropolitan 

may  convey  and  water  board  is  HOW  authorizcd  by  law  to  sell  real  estate, 
and  easements,  instcad  of  making  such  sale  said  board  may  convey  real 
estate  and  receive  therefor  in  exchange  other  real  estate, 
the  title  of  the  same  to  be  taken  in  the  name  of  the  Com- 
monwealth, and  may  cause  money  to  be  paid  or  received 
to  make  the  exchange  equal.  And  said  board  may  from 
time  to  time  make  grants  or  conveyances  of  easements 
and  receive  therefor  in  exchange  other  easements,  money 
or  such  other  considerations  as  may  be  deemsd  suitable 
by  said  l)oard,  the  title  of  such  easements  to  be  taken  in 
the  name  of  the  Commonwealth.  All  money  received 
shall  l)e  paid  into  the  treasury  of  the  Commonwealth  and 
be  applied  in  the  manner  designated  in  section  eighteen 
of  chapter  four  hundred  and  eighty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five  for  the  disposition 
of  the  proceeds  from  the  sale  of  real  property. 

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

A2Jproved  May  24,  1898. 


Acts,  1898.  — Chap.  465.  411 

An  Act  rklativk  to  the  granting   of  discharges   to  insol-  n'kf.rf^  4fip; 

VENT  debtors.  ^  ' 

He  it  enacted^  etc.,  as  follows : 

Section  ninoty-thrcc  of  chapter  one  hundred  and  fifty-  p.  s.  157,  §93, 
seven  of  the  Public  Statutes,  as  amended  by  chapter  three  ^^'^''  ^°'^°'*'^'*- 
hundred  and  twenty-two  of  the  acts  of  the  year  eighteen 
hunth'od  and  eighty-six,  is  hereby  amended  by  inserting 
after  the  Avord  "creditors",  in  the  nineteenth  line,  the 
words:  —  or,  with  intent  to  defraud  his  creditors,  has 
expended,  invested  or  used  any  part  of  his  property  in 
the  erection,  alteration,  repair  or  location  of  any  building, 
portion  of  a  building,  structure  or  other  object,  on  land 
owned  or  leased  wholly  or  in  part  by  another  so  that  the 
same  cannot  be  lawfully  removed,  —  so  as  to  read  as  fol- 
lows :  —  jSecfion  93.  A  discharge  shall  not  be  granted,  or  Discharge  in 
valid,  if  the  debtor  has  wilfully  sworn  falsely  as  to  any  to^?e^gr°a''nte'd'or 
material  fact  in  the  course  of  the  proceedings,  or  if  he  has  cel'taiu'clu'^ 
fraudulently  concealed  any  part  of  his  estate  or  efiects,  ditions, etc. 
or  any  books  or  writings  relating  thereto ;  or  has  made 
any  fraudulent  payment,  gift,  transfer,  conveyance  or 
assignment  of  any  part  of  his  property,  or  spent  any  part 
thereof  in  gaming ;  or  if  within  six  months  before  the 
filing  of  the  petition  by  or  against  him  he  has  ol)tained  on 
credit  from  any  person  any  money,  goods,  chattels  or  other 
thing  of  value,  with  intent  not  to  pay  for  the  same,  or 
has  procured  his  lands,  goods,  money  or  chattels  to  be 
attached,  sequestered  or  seized  on  execution  ;  or  if  he  has 
destroyed,  altered,  mutilated  or  falsified  any  of  his  books, 
documents,  papers,  writings  or  securities,  or  has  made  or 
been  privy  to  the  making  of  any  false  or  fraudulent  entry 
in  any  book  of  account  or  other  document  with  intent  to 
defraud  his  creditors ;  or,  with  intent  to  defraud  his 
creditors,  has  expended,  invested  or  used  any  part  of  his 
property  in  the  erection,  alteration,  repair  or  location  of 
any  l)uilding,  portion  of  a  building,  structure  or  other 
object,  on  land  owned  or  leased  wholly  or  in  part  b}' 
another  so  that  the  same  cannot  be  lawfully  removed;  or 
has  removed  himself  or  removed  or  caused  to  be  removed 
any  part  of  his  property  from  the  state  with  intent  to  de- 
fraud his  creditors  ;  or  if,  having  knowledge  that  a  person 
has  ))r()ved  a  false  debt  against  his  estate,  he  has  not  dis- 
closed the  same  to  his  assignee  within  one  month  after 
such  knowledge ;    or  if,  being  a  merchant  or  tradesman. 


412  Acts,  1898.  — Okap.  466. 

he  has  not  kept  proper  books  of  account.  And  the  dis- 
charge shall  be  null  and  void  if  the  debtor  or  any  person 
in  his  behalf  has  procured  the  assent  of  any  creditor 
thereto  by  a  pecuniary  consideration. 

Approved  May  24, 1898. 

ChapAQG  ^^  ^^"^  relative  to  the  employment  of  superintendents  ok 

SCHOOLS    BY   SMALL  TOWNS. 

Be  it  enacted,  etc.,  asfolloics: 
Certain  towns         Sectiox  1.     Anv  two  or  uiorc  towns  the  valuation  of 

nmv  unite  in  the  i/.i.ii  i  .it/^i 

employment  of  each  ot  which  docs  uot  cxcccd  two  million  hve  hundred 
eut"of^8choois.    thousand  dollars,  and  the  aggregate  number  of  schools  in 
all  of  which  is  not  more  than  tifty  nor  less  than  twenty- 
five,  or  any  four  or  more  towns,  without  reference  to  the 
minimum  limit  in  the  aggregate  number  of  schools  afore- 
said, the  valuation  of  each  of  which  does  not  exceed  two 
million  five  hundred  thousand  dollars,  may  by  vote  of  the 
several  towns  unite  for  the  purpose  of  the  employment  of 
a  superintendent  of  schools  under  the  provisions  of  this 
act. 
fnitteelo*f Towns      Sectiox  2.     When  such  a  union  has  been  efiected  the 
comprising  the   school  committces  of  the  towns  comprising  the  union  shall 

union  to  form  a-  ,.  .  i-i  ''  p      ^   '  i 

joint  commit,  torin  a  joint  comuiittce,  and  tor  the  purposes  ot  this  act 
said  joint  committee  shall  be  held  to  be  the  agents  of  each 
town  comprising  the  union.  Said  committee  shall  meet 
annually  in  joint  convention  in  the  month  of  April,  at  a 
day  and  place  agreed  upon  by  the  chairmen  of  the  com- 
mittees of  the  several  towns  comprising  the  union,  and 
shall  organize  by  the  choice  of  a  chairman  and  secretary. 
They  shall  choose  by  ballot  a  superintendent  of  schools, 
determine  the  relative  amount  of  service  to  be  performed 
by  him  in  each  town,  fix  his  salary  and  apportion  the 
amount  thereof  to  be  paid  by  the  several  towns,  and  cer- 
tify such  amount  to  the  treasurer  of  each  town.  AMien 
such  a  union  has  been  etfected  it  shall  not  be  dissolved 
because  any  one  of  the  towns  shall  have  increased  its 
valuation  so  that  it  exceeds  two  million  five  hundred  thou- 
sand dollars,  nor  because  the  number  of  schools  shall  have 
increased  beyond  the  mimber  of  fifty  or  decreased  l)elow 
the  number  of  twenty-five,  nor,  for  any  reason,  for  the 
period  of  three  years  from  the  date  of  the  formation  of 
such  union,  except  by  vote  of  a  majority  of  the  towns 
constitutinjr  the  union. 


tee,  etc. 


Acts,  1898.  — Chap.  466.  413 

Section  3.  Whenever  the  chairman  and  secretary  of  (;« pHlS  by"thl° 
such  joint  committee  shall  certify  to  the  state  auditor  commonwealth, 
under  oath  that  a  union  has  been  effected  as  herein  pro- 
vided, that  the  towns,  in  addition  to  an  amount  equal  to 
the  average  of  the  total  sum  ])aid,  or  to  the  sum  paid  per 
child,  by  the  several  towns  for  schools  during  the  three 
years  next  preceding,  unitedly  have  raised  by  taxation 
and  appropriated  a  sum  not  less  than  seven  hundred  and 
fifty  dollars  for  the  support  of  a  superintendent  of  schools, 
and  that  under  the  provisions  of  this  act  a  superintendent 
of  schools  has  been  employed  for  one  year,  then  upon  the 
approval  of  said  certificate  by  the  state  board  of  education 
and  the  presentation  thereof  to  the  state  auditor,  a  war- 
rant shall  be  drawn  upon  the  treasurer  of  the  Common- 
wealth for  the  payment  of  one  thousand  two  hundred  and 
fifty  dollars,  seven  hundred  and  fifty  dollars  of  which 
amount  shall  be  paid  for  the  salary  of  such  superintendent, 
and  the  remaining  five  hundred  dollars  shall  be  appor- 
tioned and  distributed  on  the  basis  of  the  amount  appro- 
l^riated  and  expended  for  a  superintendent  in  the  towns 
forming  such  district  for  the  year  next  preceding,  which 
amount  shall  be  paid  for  the  salaries  of  teachers  employed 
in  the  pul)lic  schools  within  such  district. 

Section  4.     There  shall  be  appropriated  annually  such  Appropnauona. 
sum  as  may  be  necessary  to  carry  out  the  provisions  of 
this  act. 

Section  5.     The   provisions  of  section  forty-three  of  ^gi^n°oTuw 
chapter  forty-four  of  the  Public  Statutes  respecting  the  not  to  apply. 
service  of  school  committees  without  pay  in  towns  wherein 
a  superintendent  is  appointed  shall  not  apply  to  towns 
uniting  in  the  employment  of  a  superintendent  under  the 
provisions  of  this  act. 

Section  6.     Towns  whose  valuation  exceeds  the  limit  certain  towns 

^         ,     ,  ..  >•    •        -       •  •  r  1    may  participate 

fixed  by  section  one  may  participate  in  any  union  tormed  in  a  union. 
under  the  provisions  of  this  act,  in  the  same  manner  and 
subject  to  the  same  terms,  conditions  and  benefits  as  towns 
of  valuation  within  that  limit,  except  as  hereinafter  pro- 
vided. 

Section  7.     In  any  district  so  formed,  including  at  its  Allowance  by 
formation  a  town  whose  valuation  exceeds  said  limit,  the  lveaith"t™be' 
allowance  by  the  Commonwealth  in  aid  of  said  district,  cPrtoiu cases!" 
as  provided  in  section  three,  shall  not  be  made  to  the 
entire  district,  but  shall  first  be  apportioned  to  the  several 
towns  upon  the  basis  of  the  amount  appropriated  by  them 


414 


Acts,  1898.  — Chap.  467. 


Increase  of 
valuation  in 
certain  towns. 


Towns  may 
authorize 
school  commit- 
tees to  arrange 
unions,  etc. 


respectively  for  the  support  of  a  superintendent  for  the 
year  next  precedino:,  and  the  warrant  upon  the  treasurer 
of  the  Commonwealth  shall  then  be  drawn  in  favor  of  and 
only  for  the  portions  so  assigned  to  those  towns  of  the 
district  whose  valuation  at  the  time  of  said  union  did  not 
exceed  the  limit  provided  in  section  one. 

Section  8.  When  the  vahiation  of  any  town  in  a  dis- 
trict formed  under  any  of  the  foregoing  provisions  shall 
have  so  increased  as  to  exceed  the  sum  of  three  million 
five  hundred  thousand  dollars  the  fact  of  such  excess  shall 
for  the  purjioses  of  this  act  have  the  same  force  and  effect 
as  if  the  valuation  of  said  town  had  at  the  time  of  such 
union  exceeded  the  limit  of  two  million  five  hundred 
thousand  dollars. 

Section  9.  Towns  may  by  vote  authorize  their  school 
committees  to  arrange  such  unions  in  accordance  with  the 
provisions  of  this  act  as  may  be  most  advantageous, 
subject  however  to  the  approval  of  the  state  board  of 
education ;  and  any  district  so  formed  by  committees  so 
authorized  and  with  such  approval  shall  have  the  same 
validity  as  if  formed  by  direct  vote  of  the  towns,  as  pro- 
vided in  section  one. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1898. 


ChCl7)AQ)l  ^^   ^^^   '^^   ADTIIOHIZE    THE    CITIES    OF     BOSTOX    AND     CAMBRIDGE 
TO  CONSTRUCT  AND  MAINTAIN  A  BRIDGE  OVER  CHARLES  RIVER. 


New  bridge  to 
be  conHtructcd 
across  Charles 
river. 


Temporary 
highway  bridge 
may  be  con- 
structed, etc. 


Be  it  enacted,  etc. ,  as  folloics : 

Section  1.  The  cities  of  Boston  and  Cambridge,  by 
a  commission  as  hereinafter  specified,  shall  fcu-thwith  con- 
struct as  a  highway,  a  new  bridge  across  Charles  river, 
to  be  known  as  Cambridge  bridge,  at,  upon,  or  near  the 
present  site  of  the  so-called  West  Boston  bridge,  from 
Cambridge  street  in  Boston  to  Main  street  in  Cambridge ; 
shall  construct  approaches  to  said  bridge  on  each  end 
thereof;  may  construct  a  temporary  highway  bridge  to  be 
used  by  teams  and  pedestrians  during  such  construction  ; 
shall  cause  shoals  to  be  dredged  or  otherwise  removed  so 
as  to  afford  vessels  passing  to  or  through  the  draw  of  said 
bridge  a  depth  of  water  equal  at  least  to  that  now  afforded 
to  vessels  passing  to  or  through  the  draw  of  the  present 
bridge ;  shall  take  such  lands  east  of  the  westerly  line 
of  the  easterly  abutment  of  said  bridge  and  west  of  the 


Acts,  1898.  —  Chap.  467.  415 

easterly  liuc  of  the  westerly  abutment  of  said  bridge  as 
they  shall  deem  necessary  for  carrying  out  the  provisions 
of  this  act,  and  shall  cause  all  lands  so  taken  to  be  filled. 

Section  2.     The   board  of  harbor  and  land  commis-  Harbor  .ind 
sioners  shall  authorize  such  occupations  of  lands  or  flats  stonersTr'*' 
outside  of  the  harbor  lines,  at  and  near  each  end  of  said  cupationsof" 
bridge,  as  they  deem  necessary  for  the  proper  construe-  certain  lands, 
tion  of  said  bridge  and  for  avoiding  angles  that  will  tend 
to  cause  collections  of  floating  matter,  and  in  granting 
licenses  for  the  dredgino-  of  flats  in  said  river  shall  en- 
deavor  to  ensure  the  removal  of  the  shoals  aforesaid  by 
the  licensees  prior  to  the  necessity  for  such  removal,  as 
required  in  the  preceding  section. 

Section  3.     Said  commission  shall  be  styled  the  Cam-  Cambridge 
bridge  Bridge  Commission,  shall  consist  of  the  mayor  for  misefo^n^""' 
the  time  being  of  the  city  of  Boston,  and  the  mayor  for 
the  time  being  of  the  city  of  Cambridge,  who  shall  serve 
without  compensation,  and  a  third  person  to  be  appointed 
in  writing  and  certified  to  the  city  clerk  of  each  city  by 
said  mayors,  within  thirty  days  after  the  passage  of  this 
act ;    and  if  said  third  commissioner  is  not  so  appointed  Vacancy. 
and  certified  the  governor  may  appoint  some  disinterested 
])erson   as   such   third    commissioner,    and    any   vacancy 
occurring  by  reason   of  death,    resignation,   inability  to 
serve,   or  otherwise,  on  the  part  of  said  third  commis- 
sioner,  shall    be    filled    by   appointment   in   the    manner 
hereinbefore  provided  for  his  original  appointment.     Said  of°[^frd°com°.° 
third  commissioner  shall  receive  such  compensation  for  his  misBioner. 
services  as  said  mayors  may  agree  upon,  or,  in  case  of 
their  failure  to   agree,   then    such   compensation   as   the 
governor  may  determine. 

Section  4.     Said  bridge  shall  be  suitable  for  all  the  construction, 
purposes  of  ordinary  travel  between  said  cities,  and  for  ^"^••"^^'■"^se. 
the  use   of  the  elevated  and  surface  cars  of  the  Boston 
Elevated  Kailway  Company ;  shall  be  built  not  less  than 
one   hundred   and  five  feet  in  width,  and  with  masonry 
piers  and  abutments,  and  a  superstructure  of  iron  or  steel, 
or  both,  and  with  a  draw  substantially  equidistant  from 
the  easterly  and  westerly  end  abutments  of  said  bridge, 
with  a  clear  opening  not  less  than  forty  feet  in   width, 
according  to  plans  to  be  determined  by  said  commission  ; 
shall  be  constructed  and  maintained  subject  to  the  pro- p.  s.  i9,  etc.,  to 
visions  of  chapter  nineteen  of  the  Public  Statutes  and  of  "^^  ^' 
all  other  general  laws  which  now  are  or  hereafter  may  be 


416  Acts,  1898.  — Chap.  467. 

in  force  relating  to  bridges  over  tide  water,  and  to  the 
draws  therein  ;  except  that  no  compensation  for  displace- 
ment of  tide  water,  or  for  occupying  any  land  or  flats  of 
the  Commonwealth,  shall  be  required  from  said  cities  or 
from  either  of  them. 
^tc"*oVuJ-°"*  Section  5.  The  approach  to  said  bridge  on  the  Boston 
proach  to  bridge  side  shall  be  laid  out  by  said  commission  as  a  highway 

ou  BoBton  eide.  ,  ,  i       i    ,.  •  •  i   i      •  n    •  i 

not  less  than  one  hundred  leet  in  width  in  all  its  extent 
from  the  westerly  line  of  Charles  street,  extending  west- 
erly to  the  easterly  line  of  the  easterly  abutment  of  said 
bridge,  and  the  city  engineer  of  the  city  of  Boston,  acting 
for  said  city,  shall  construct  said  approach  at  or  before 
the  completion  of  said  new  bridge. 
etc^o^aj*""*  Section  6.  The  approach  to  said  bridge  on  the  Cam- 
on  calubrlu't^^  bridge  side  shall  be  laid  out  by  said  commission  as  a  high- 
aide,  way  not  less  than  one  hundred  feet  in  width  in  all  its 
extent  from  the  junction  of  Broadway  with  Main  street  in 
Kendall  square,  so-called,  extending  easterly  to  the  west- 
erly line  of  the  westerly  abutment  of  said  bridge,  and  the 
city  engineer  of  the  city  of  Cambridge,  acting  for  said 
city,  shall  construct  said  approach  at  or  before  the  com- 
pletion of  said  new  bridge. 
^tion^o'fTaw  Section  7.  Said  commission  shall  in  laying  out  said 
to  apply.  approaches  })roceed  under  the  same  general  laws,  so  far 
as  applicable,  as  govern  the  laying  out  of  highways  in 
said  cities  respectively  under  the  provisions  of  law  author- 
izing the  assessment  of  betterments,  with  like  remedies  to 
all  parties  interested, 
of'conttruction,  Section  8.  Tlic  cost  of  the  laying  out  and  construc- 
tion of  said  approach  in  the  city  of  Boston,  and  of  all 
other  work  on  the  Boston  end  of  said  bridge,  not  includ- 
ing any  part  of  the  construction  of  the  abutments  or  other 
parts  of  said  bridge,  shall  be  ])aid  by  the  city  of  Boston, 
and  the  cost  of  the  laying  out  and  construction  of  said 
approach  in  the  city  of  Cambridge,  and  of  all  other  work 
on  the  Cambridge  end  of  said  bridge,  not  including  any 
part  of  the  construction  of  the  abutments  or  other  parts 
of  said  bridge,  shall  be  paid  by  the  city  of  Cambridge, 
and  the  cost  of  construction  of  the  abutments  and  other 
parts  of  said  bridge,  including  the  cost  of  the  temporary 
highway  bridge,  the  removal  of  shoals,  and  the  salaries  of 
the  coumiissioners  and  of  all  employees  of  said  commis- 
sion, and  including  all  other  expenses  incurred  in  carry- 
ing out  the  provisions  of  this  act  not  hereinbefore  rc(]uiied 
to  be  paid  by  said  cities  severally,  shall  be  deemed  the 


etc 


Acts,  1898.  —  Chap.  46T.  417 

cost  of  construction  of  said  bridge,  and  shall  be  paid  as 
provided  in  section  fifteen  of  chapter  five  hundred  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-seven. 

Section  9.     Said  commission  from  time  to  time,  while  commiseionto 
said  bridge  is  in  process  of  construction,  shall  certify  to  ureVoVr^acr""' 
the  treasurer  of  the  city  of  Boston  and  to  the  treasurer  of  bepaid°et'c/'* 
the  city  of  Cambridge  the  amount  to  be  paid  by  each  city 
respectively  for  work  done  and  materials  furnished  under 
this  act,  and  the  persons  to  whom  the  amounts  are  to  be 
paid ;  and  the  amounts  so  certified  shall  on  demand  there- 
for by  the  person  entitled  thereto  be  paid  forthwith. 

Section  10.     The  supreme  judicial  court,  or  any  jus-  CommiBBiou 
tice  thereof,  sitting  in  equity  for  either  of  the  counties  of  ™o1nted*to 
Middlesex  or  Suffolk,  upon  the  written  application  of  said  amounttobe 
commission  and  after  notice  to  all  parties  interested,  may  ElevatecUiaii'-'" 
appoint  three  disinterested  persons  not  residents  of  the  ^ay  company, 
county  of  Middlesex,  who  shall  have  the  power  to  compel 
the  attendance  of  witnesses,  and  who  shall,  after  the  con- 
struction of  said  bridge  and  avenues,  and  after  notice  to 
and  hearing  of  the   parties    interested,    determine    what 
amount  shall  be  paid  by  the  Boston  Elevated  Railway 
Company  as  its  proportion  of  the  cost  of  the  construction 
of  said  bridge  under  the  provisions  of  section  fifteen  of 
chapter  five  hundred  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninet3'-seven.     Said  commissioners  shall  return 
their  determination  into  said  court,  and  the  decree  of  the 
court  confirming  such  determination   shall  be  final  and 
binding  ;  and  said  elevated  railway  company  shall  pay  to 
the  city  of  Boston  one  half  of  the  amount  determined  for 
it  by  said  commissioners,  and  shall  pay  the  other  half  to 
the  city  of  Cambridge. 

Section  11.  The  treasurer  of  the  city  of  Boston,  on  Cambridge 
the  request  of  the  mayor  thereof,  and  the  treasurer  of  the  "  ^^ 
city  of  Cambridge,  on  the  request  of  the  mayor  thereof, 
shall  from  time  to  time  issue  notes,  bonds  or  scrip  of  their 
respective  cities  as  either  may  require,  in  excess  of  the 
debt  limit  prescribed  by  law,  each  bond  to  be  designated 
on  the  face  thereof,  Cambridge  Bridge  Loan,  and  shall 
use  the  proceeds  to  meet  the  cost  to  be  paid  by  them  re- 
spectively under  this  act.  Such  notes,  bonds  or  scrip 
shall  bear  interest,  payable  semi-annually,  not  exceeding 
four  per  cent,  per  annum,  and  be  payable  at  such  time, 
not  less  than  ten  nor  more  than  forty  years  from  their 
respective  dates,  as  shall  be  determined  respectively  by 
the  treasurer  and  mayor  of  the  city  of  Boston  and  by  vote 


418 


Acts,  1808.  —  Chap.  467. 


p.  S.  29,  §§10 
and  11,  to  apply. 


Damages. 


Betterments 
iiiiiy  be  ag- 
§eBi!ed. 


Maintenance, 
management, 
etc. ;  commle- 
eion  to  tie  ap- 
pointed, etc. 


Payment  of 
damages. 


Enforcement  of 
proTlnions,  etc. 


of  the  city  council  of  the  city  of  Cambridge,  and  expressed 
upon  the  face  of  the  bonds.  The  provisions  of  sections 
ten  and  eleven  of  chapter  twenty-nine  of  the  Public  Stat- 
utes shall  so  far  as  applicable  apply  to  the  bonds,  notes 
and  scrip  issued  under  the  authority  of  this  act. 

Section  12.  An}-  person  entitled  by  law  to  any  dam- 
ages for  the  taking  of  or  injury  to  his  property  under 
authority  of  this  act  may  have  such  damages  determined 
by  a  jury  in, the  superior  court  for  the  county  of  Suftblk 
or  Middlesex  on  petition  therefor,  under  the  same  rules 
of  law  so  far  as  applicable  as  damages  are  determined  for 
the  taking  of  lands  for  highways  in  said  cities  of  Boston 
and  Cambridge,  respectively,  under  the  provisions  of  law 
authorizing  the  assessment  of  betterments. 

Section  13.  Betterments  may  be  assessed  for  the 
laying  out  and  construction  of  said  avenue  in  said  cities 
of  Bo.ston  and  Cambridge,  respectively,  under  the  general 
laws  authorizing  the  assessment  of  betterments,  with  like 
remedies  to  all  parties  interested. 

Section  14.  Said  bridge  and  draw,  and  all  other 
bridges  and  draws  between  said  two  cities,  shall  be 
policed  and  maintained  by  the  cities  of  Boston  and  Cam- 
bridge, and  a  board  of  two  commissioners,  one  appointed 
by  the  mayor  of  the  city  of  Boston  and  one  by  the  mayor 
of  the  city  of  Cambridge,  without  any  confirmation  thereof 
being  recjuired,  shall  support,  manage  and  keep  in  repair 
said  bridges,  and  exclusively  authorize  poles,  wires  and 
other  structures  to  be  placed  on  any  or  all  of  the  same, 
in  such  places  as  said  board  may  deem  proper ;  and  each 
city  shall  appropriate  one  half  the  amount  required  for 
such  maintenance,  policing,  support,  management  and  re- 
pairs as  determined  by  said  board  and  by  the  mayors  of 
said  cities ;  and  all  damages  recovered  in  any  action  at 
law  by  reason  of  any  defect  or  want  of  repair  in  any  such 
bridge  or  draw  shall  })e  paid  by  said  cities  equally. 

Section  15.  The  supreme  judicial  court,  or  any  jus- 
tice thereof,  sitting  in  equity  for  either  the  county  of 
Middlesex  or  the  county  of  Sufiblk,  shall  in  term  time  or 
vacation,  on  the  petition  of  any  city,  corporation,  person 
or  persons  interested,  or  of  the  attorney  of  any  such 
petitioner,  have  jurisdiction  in  equity  to  enforce  and  to 
prevent  any  violation  of  the  provisions  of  tliis  act. 

Section  16,     This  act  shall  take  eflcct  upon  its  passage. 

Approved  May  26,  1898, 


Acts,  1898.  — Chaps.  4:68,  J:69.  419 


An  Act  rklative  to  the  mount  hermon  boys'  school.         Char)  468 
Be  it  enacted,  etc.,  asfolloios: 

Section  1.     Section  one  of  chapter  three  hundred  and  amended/ ^' 
twenty-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-tive  is  hereby  amended  by  striking  out  all  after  the 
word  "  dollars",  in  the  fourth  line,  and  inserting  in  place 
thereof  the   following :  — provided^  that   no   real    estate 
acquired   by  said  corporation  after  the  dtite  of  the  pas- 
sage of  this  act  shall  be  exempt  from  taxation ;  and  for 
purposes  of  taxation   such  real  estate  shall  be   assessed 
proportionately  with  the  valuation  of  adjoining  farm  prop- 
erty ;  but  no  buildings  now  or  hereafter  erected  for  the 
purposes  for  which  the  school  was  incorporated  shall  be 
subject  to  taxation,  —  so  as  to  read  as  follows  :  —  Sec-  The  Mount 
tion  1.     The  ]Mount  Hermon  Boys'  School  is  hereby  au-  schMnnay'^* 
thorized  to  hold  real  and  personal  estate,  in  the  manner  pe'soifai' estate. 
and  for  the  purposes  set  forth  in  its  charter,  to  an  amount 
not  exceeding  two  million  dollars  :  j)rovided,  that  no  real  P''<>''^°' 
estate  acquired  by  said  corporation  after  the  date  of  the 
]iassage  of  this  act  shall  be  exempt  from  taxation ;  and  for 
purposes  of  taxation   such  real  estate   shall  be  assessed 
j)roportionatcly  with  the  valuation  of  adjoining  farm  prop- 
erty ;  but  no  buildings  now  or  hereaiter  erected  for  the 
purposes  for  which  the  school  was  incorporated  shall  be 
subject  to  taxation. 

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

Approved  May  26,  1898. 


ChapAm 


An  Act  to  provide  for  the  improvement  of  green  harbor 
in  the  town  of  marshfield. 

Be  it  enacted,  etc.,  as  foUov:s: 

The  board  of  harbor  and  land  commissioners  is  hereby  impiovMiment  of 
authorized  and  directed  to  improve  Green  Harbor  in  the 
town  of  Marshtield  by  dredging  an  anchorage  basin  within 
the  harbor  and  a  channel  through  said  harbor  to  the  sea, 
and  by  constructing  such  jetties,  training  walls  or  other 
works  as  may  be  deemed  necessary  to  maintain  the  said 
basin  and  the  said  channel,  substantially  in  accordance 
with  tlio  report  of  the  joint  board  established  by  chapter 
four  iumdred  and  ninety-five  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-six.  A  sum  not  exceeding  sixty- 
seven  thousand  dollars  may  be  expended  by  said  board  in 


420 


Acts,  1898.  —  Chap.  470. 


doing  the  Avork  aforesaid,  provided  that  not  more  than 
thirty  thousand  dollars  of  such  sum  shall  be  expended 
during  the  current  financial  yesir.  All  contracts  made 
under  the  authority  of  this  act  shall  be  subject  to  the  ap- 
proval of  the  governor  and  council. 

Approved  May  26,  1898. 


GlldD  470  ^^   ^^^  '^^   PROVIDE   FOR   THE   COMPLETION   OF    THE   JAIL   AT    FA  LI 

KIVEK. 


County  com- 
missioners of 
BriMtol  county 
may  issue  notes 
or  bonds. 


1897,  297,  §  4, 
amended. 


Plans,  etc.,  to 
be  approved. 


1897,  297,  §  8, 
amended. 


Receivintc  of 
certain  liiils  to 
be  authority  to 
borrow  money, 
etc. 


Be  il  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  mentioned  in  chapter 
two  hundred  and  ninety-seven  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-seven,  and  in  addition  to  the 
sums  authorized  by  said  chapter  to  be  borrowed,  the 
county  commissioners  of  the  county  of  Bristol  are  hereby 
authorized  to  borrow  on  the  credit  of  said  county  the  sum 
of  ten  thousand  dollars,  and  to  issue  the  notes  or  bonds 
of  said  county  therefor. 

Section  2.  Section  four  of  said  chapter  is  hereby 
amended  by  striking  out  the  Avord  "thirty",  in  the  last 
line,  and  inserting  in  place  thereof  the  word  :  — forty,  — 
so  as  to  read  as  follows  :  —  Section  4.  No  contract  shall 
be  made  for  the  construction  of  said  building  until  plans, 
together  with  detailed  estimates  of  cost  from  reliable  parties 
who  are  willing  and  prepared  to  furnish  bonds  Avith  satis- 
factory sureties  for  the  actual  performance  of  the  Avork  and 
the  furnishing  of  materials  for  the  amount  specified  in  said 
estimates,  haA'^e  been  submitted  to  and  approved  by  the 
board  designated  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  build- 
ing, together  Avith  the  cost  of  land,  Avill  not  exceed  the 
amount  of  one  hundred  and  forty  thousand  dollars. 

Sectiox  8.  Section  eight  of  said  chapter  is  hereby 
amended  l)y  striking  out  the  Avord  "thirty",  in  the  sixth 
line,  and  inserting  in  place  thereof  the  Avord  :  —  forty,  — 
so  as  to  read  as  follows  :  —  /Section  8.  The  receiving  by 
the  county  commissioners  of  bids  from  res])onsible  parties 
for  the  complete  construction  of  the  building  authorized 
under  this  act  Avithin  a  sum  Avhich,  Avith  the  cost  of  the 
land  purchased  or  taken  under  this  act,  shall  not  exceed 
the  sum  of  one  hundred  and  forty  thousand  dollars,  shall 
be  a  condition  precedent  to  the  authority  of  said  commis- 


Acts,  1898.  —  Chaps.  471,  47^.  421 

sioners  to  borrow  money  under  this  act,  except  for  pro- 
curing plans  and  specitications  and  for  the  cost  of  the  land 
taken  or  purchased  as  provided  in  this  act. 

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

Apj^roved  May  26,  1898. 


ChapAll 


Ax  Act  uelative  to  loans  of  the  city  of  boston. 
Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  city  treasurer  of  the  city  of  Boston  cuy  treasurer 
from  time  to  time  on  the  request  of  the  mayor  of  said  city  usue^bJirds^etc. 
that  he  will  issue  notes,  bonds  or  scrip  of  said  city  for 
any  purpose  for  which  said  treasurer  has  heretofore  been 
authorized  to  issue  certificates  of  indebtedness,  or  notes, 
bonds  or  scrip  of  said  city,  or  for  any  purpose  for  which 
said  treasurer  shall  hereafter  by  act  of  the  legislature  or 
by  vote  of  the  city  council  be  authorized  to  issue  certifi- 
cates of  indebtedness,  or  notes,  bonds  or  scrip  of  said  city, 
shall  issue  to  the  amount  stated  in  the  request,  registered 
or  coupon  bonds  or  certificates  of  said  city,  not  exceeding 
in  all,  for  any  purpose,  the  amount  which  said  city  is  or 
shall  be  authorized  to  borrow  for  that  purpose. 

Section  2.     All  bonds  or  certificates  of  said  city  here-  Terms  and 
after  issued  by  said  treasurer  shall  be  for  such  terms,  not  '""^®''^*  • 
exceeding  forty  years,  and  bear  such  rates  of  interest,  not 
exceeding  four  per  cent,  per  annum,  and  the  interest  shall 
be  jmyable  at  such  times,  as  said  treasurer  and   mayor 
shall  determine,  anything  in  any  general  or  special  act  to 
the  contrary  notwithstanding.     Any  premiums  coming  to  Premiums  to 
the  city  in  the  negotiation  or  sale  of  any  bonds  or  certifi-  srnLTug  f'lmds. 
cates  hereafter  issued  shall  be  paid  into  the  sinking  funds 
for  the  redemption  thereof:  jirovided,  that  nothing  in  this  Proviso. 
act  shall    be   construed  to  authorize  said  treasurer  and 
mayor  to  issue  any  bonds  or  certificates  of  said  city  for 
any  longer  terms  than  are  or  may  be  authorized  by  an}' 
general  or  special  act. 

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

Approved  May  26,  1898. 


An  Act  relative  to  con\'entions  and  caucuses. 
Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     Section  seventy-five  of  chapter  four  hun-  1893, 4i7,  §  75. 
dred  and  seventeen  of  the  acts  of  the  year  eighteen  hun- 
ilred  and  ninety-three  is  hereby  amended  by  striking  out 


ChapA72 


amended. 


422 


Acts,  1898.  — Chap.  472. 


Nominations 
by  caucus  or 
convention. 


Secretary  of 
convention  to 
lile  certificate. 


1S95,  507,  §  20, 
amended. 


Balloting  in  cer- 
tain caucUHcs. 


Proviso. 


1895,  489,  §  8, 
amended. 


Certain  can- 
cuees  to  be  held 
on  one  of  two 
consecutive 
days,  etc. 


the  whole  of  said  section  and  inserting  in  place  thereof 
the  following  :  —  Section  75.  A  convention  of  delegates 
or  a  caucus  held  in  accordance  with  the  provisions  of  this 
act  may  for  the  Commonwealth,  or  a  district,  county, 
city,  town  or  ward,  make  one  nomination  for  each  office 
to  he  filled  at  an  election  therein,  and  shall  be  entitled  to 
have  the  names  of  its  candidates  placed  upon  the  official 
ballot  upon  filing  a  certificate  of  nomination.  It  shall  be 
the  duty  of  tlie  secretary  of  the  convention  or  caucus,  as 
the  case  may  be,  to  file,  within  the  seventy-two  hours 
succeeding  five  o'clock  of  the  date  upon  which  such  con- 
vention or  caucus  was  held,  such  certificate  of  nominations 
in  the  office  of  the  secretary  of  the  Commonwealth,  or  in 
the  office  of  the  city  or  town  clerk,  or  in  the  city  of  Boston 
in  the  office  of  the  board  of  election  commissioners,  as 
provided  by  law. 

Section  2.  Paragraph  (2)  of  section  twenty  of  chap- 
ter five  hundred  and  seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five  is  hereby  amended  by  adding  at 
the  end  of  said  paragraph  the  following  words  :  — pro- 
vided, that  the  polls  shall  not  be  closed  until  every  voter 
waiting  in  line  at  the  hour  fixed  for  closing  the  polls  has 
had  an  opportunity  to  vote,  —  so  as  to  read  as  follows  :  — 
(2)  Thereafter  balloting  shall  be  allowed  to  proceed  un- 
interruptedly until  half-past  eight  o'clock  in  the  evening, 
when  the  polls  shall  be  closed  unless  the  caucus  shall  vote 
to  keep  them  open  until  a  later  hour :  provided,  that  the 
polls  shall  not  be  closed  until  every  voter  waiting  in  line 
at  the  hour  fixed  for  closing  the  polls  has  had  an  oppor- 
tunity to  vote. 

Section  3.  Section  eight  of  chapter  four  hundred  and 
eighty-nine  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  fol- 
lowing :  —  Section  8.  All  caucuses  of  political  parties 
(except  for  special  elections)  for  choice  of  delegates  to 
political  conventions  Avhich  nominate  candidates  to  be 
voted  for  at  the  annual  state  election,  and  for  the  nomina- 
tion of  candidates  to  be  voted  for  at  such  election,  shall 
be  held  throughout  the  Commonwealth  on  one  of  two  con- 
secutive days,  designated  by  the  state  committee  of  the 
political  i)arty  for  which  said  caucuses  are  held ;  and  all 
of  said  delegates  shall  be  elected  and  all  of  said  candidates 
shall  be  nominated  at  one  caucus,  except  that  caucuses 


Acts,  1898.  — Chap.  473.  423 

held   for  clioico   of  deleijatos  to  a  representative  district  Caucuses  for 

,  .  '       .  ,  \,  -,  ,  choice  ot  dele- 

convention,  or  tor  nomination  ot  candidates  tor  the  gen-  gates  to  repre- 
eral  court,  ma}'  be  called  and  held  as  hereinafter  provided,  trict convention, 
Such  caucuses  shall  be  held  at  the  call  of  the  state  com-  ^*°' 
mittee  of  the  political  party  whose  caucuses  are  to  be  held, 
and  the  chairman  and  secretary  of  the  state  committee  of 
each  political  party  shall  at  least  twenty-one  days  before 
the  date  on  which  the  caucuses  are  to  be  held  forward  a 
copy  of  the  call,  with  designations  of  dates,  to  the  chair- 
man antl  secretary  of  each  city  and  town  committee  of 
their  party,  and  the}'  shall  at  the  same  time  designate  two 
other  consecutive  days,  which  shall  be  at  least  seven  days 
later  than  the  designation  above-provided,  as  dates  on 
which  caucuses  may  be  held  for  choice  of  delegates  to  a 
representative  district  convention,  or  for  nomination  of 
candidates  for  the  general  court.  Each  city  or  town  com- 
mittee shall  determine  on  which  one  of  said  two  dates 
such  representative  caucuses  shall  be  held  in  their  city  or 
town.  Xo  representative  conventions  shall  be  held  at  a 
date  earlier  than  fifteen  days  after  the  latest  date  desig- 
nated by  the  state  committee  for  holding  caucuses  for  the 
choice  of  delegates  to  the  state  convention. 

Approved  May  26,  1898. 


GhapAlS 


Ax    Act    relative    to    betterment    taxes    asses^d    by    the 

METROPOLITAN   PARK:   COMMISSION. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1 .     In  every  case  where  a  betterment  tax  has  xreasarer  and 
been  or  may  hereafter  l)e  assessed  upon  real  estate  by  the  may  mlimafu"^ 
metropolitan  park  commission  under  the  provisions  of  law  tracttn^hiTown 
authorizino-    said  commission   to   assess    betterments    the  ""^e '"  «=ertaiu 

1  •  1       /»      1        /"(  11  cases,  etc. 

treasurer  and  receiver  general  ot  the  Commonwealth  may 
maintain  an  action  of  contract  in  his  own  name  against 
the  owner  of  said  real  estate  at  the  date  of  the  taking  by 
reason  of  which  said  betterment  accrued,  for  the  amount 
of  said  tax,  and  the  expenses  of  prosecuting  any  such 
action  shall  be  paid  out  of  the  funds  provided  by  law  for 
meeting  the  expenses  of  said  commission. 

Sectiox  2.     All  sums  of  money  hereafter  collected  or  Disposition  of 
received  by  the  treasurer  and  receiver  general  in  payment  iecteZe°J. 
of  betterment  taxes  assessed   by  the   metropolitan  park 
commission  shall  be  placed  by  him  to  the  credit  of  and 
added  to  the  funds  provided  by  law  for  meeting  the  ex- 


424 


Acts,  1898.  — Chap.  474. 


penses  of  said  commission,  and  may  be  expended  b}^  said 
commission  in  addition  to  any  loans  or  appropriations 
authorized  for  park  purposes. 

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

Approved  May  26,  1898. 


GhapAl^ 


Fraternal  bene- 
ficiary corpora. 
tioDB  may  be 
formed. 

Agreement  of 
a880ciatiou. 


Name. 


First  meeting. 


Organization. 


By-laws  may 
prescribe  man- 
ner in  which 


An  Act  relative  to  fraternal  beneficiary  organizations. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.  Seven  or  more  persons,  residents  of  this 
Commonwealth,  may  form  a  fraternal  beneficiary  corpora- 
tion for  the  purposes  hereinafter  provided. 

Section  2.  The  agreement  shall  state  that  the  sub- 
scribers thereto  associate  themselves  with  the  intention  of 
forming  a  corporation,  the  name  of  the  corporation,  the 
purpose  for  which  it  is  formed,  and  the  town  or  cit}', 
which  shall  be  in  this  Commonwealth,  in  which  it  is 
located.  The  name  shall  be  one  not  in  use  by  an  existing 
corporation,  nor  so  similar  as  to  be  liable  to  be  mistaken 
therefor,  and  shall  indicate  that  it  is  a  corporation. 

Section  3.  The  first  meeting  of  the  associates  shall 
be  called  by  a  notice  signed  by  one  or  more  of  the  sub- 
scribers to  such  agreement,  stating  the  time,  place  and 
purpose  of  the  meeting ;  a  copy  of  which  notice  shall, 
seven  days  at  least  before  the  day  appointed  for  the  meet- 
ing, be  given  to  each  subscriber,  or  left  at  his  usual  place 
of  business  or  place  of  residence,  or  deposited  in  the  post 
office,  post  paid,  addressed  to  him  at  his  usual  place  of 
business  or  residence.  Whoever  gives  such  notice  shall 
make  affidavit  of  his  doings,  which  shall  be  recorded  in 
the  records  of  the  corporation. 

Section  4.  At  such  first  meeting,  including  any  neces- 
sary or  reasonable  adjournment,  an  organization  shall  be 
effected  by  the  choice  by  ballot  of  a  temporary  clerk,  who 
shall  be  sworn,  and  by  the  adoption  of  by-laws  and  the 
election  of  directors,  president,  treasurer  and  clerk,  or 
other  officers  corresponding  thereto,  by  ballot,  and  such 
other  officers  as  the  by-laws  may  jirovide  ;  but  at  such 
meeting  no  person  shall  l)e  eligible  as  a  director  or  other 
officer  who  has  not  subscribed  the  agreeniont  of  associa- 
tion. The  temporary  clerk  shall  make  and  attest  a  record 
of  the  proceedings  until  the  clerk  has  been  chosen  and 
sworn,  including  a  record  of  such  choice  and  (|ualifioatlon. 

Section  5.  The  C()rporati(Mi  may  prescribe  by  its  by- 
laws the  manner  in  which  and  the  officers  and  agents  by 


Acts,  1898.  — Chap.  474  425 

■whom  the  purposes  of  its  incorporation  may  be  carried  C"  cardecTotit 
out,  and,  instead  of  the  directors  and  other  otiBcers  named  «tc. 
in   section   four,  it  may  have  trustees  or  managers  and 
tinancial  and  recording  officers,  with  similar  powers  and 
duties. 

Section  6.  Officers  chosen  as  required  in  section  four  Tenure  of 
shall  hold  office  until  the  next  succeedino;  meetino^  of  the  "^''^' 
corporation  for  the  election  of  officers,  the  date  of  which, 
within  two  years  of  the  time  of  organization,  shall  be  pre- 
scril)ed  by  the  by-laws,  at  which,  and  thereafter  at  least 
biennially,  the  before  mentioned  officers  shall  be  chosen, 
and  shall  hold  office  until  their  successors  are  elected  and 
qualified :  provided,  hoivever,  that  standing  committees  or  Provisos. 
boards  having  prescrilied  duties  under  the  by-laws,  includ- 
ing those  who  are  by  such  by-laws  made  directors  or  other 
officers  corresponding  thereto,  may  be  constituted  by  the 
election  of  one  member  thereof  annually  to  serve  for  a 
period  not  exceeding  three  years  under  any  one  election  ; 
i\\\A  provided,  further,  that  no  person  shall  be  elected  or 
appointed  to  a  legislative  or  administrative  position  for 
more  than  three  years  at  any  one  election  or  appointment. 

Section  7.     The    presidius;   officer,    treasurer,    and   a  certificate  and 

../..IT,  ^,1  yn  T  rccorda  to  bc 

majority  oi  the  directors,  or  other  oifacers  corresponding  submitted  to 
thereto,  shall  forthwith  make,  sign  and  swear  to  a  certifi-  mi^gsioner.'^"™' 
cate  setting  forth  a  true  copy  of  the  agreement  and  decla- 
ration of  purpose  of  the  association,  with  the  names  of 
the  subscribers  thereto,  the  date  of  the  first  meeting,  and 
the  successive  adjournments  thereof,  if  any,  and  shall  sub- 
mit such  certificate  and  the  records  of  the  corporation  to 
the  insurance  commissioner,  who  shall  make  such  examina- 
tion  and   require  such  evidence  as  he  deems  necessary ; 
and  if  it  appears  that  the  purposes  and  proceedings  of  the  certificate  to  be 
corporation  conform  to  law  he  shall  so  certify,  and  the  omce'ofti^e 
certificate  shall  then  be  filed  by  said  officers  in  the  office  ^^TmonV/aut 
of  the  secretary  of  the  Commonwealth,  who,  upon  payment  ^'^• 
of  a  fee  of  five  dollars,  shall  cause  the  same,  with  the  in- 
dorsements, to  be  recorded,  and  shall  thereupon  issue  a 
certificate  in  the  foUowins;  form  : 


commonwealth     of     MASSACHUSETTS. 

Be  it  known  that  whereas  [here  the  names  of  the  sub-  Formofcer. 
scribers  to  the  agreement  of  association  shall  be  inserted]  iLued'by  secre- 
have  associated  themselves  with  the  intention  of  forming  l^onweLuh^"""* 
a  corporation  under  the  name  of  [here  the  name  of  the 


426 


Acts,  1898.  — Chap.  474. 


Certificate  to  be 
evidence  of  the 
existence  of 
corporation. 


Not  to  do 
busiuesH  until 
certificate  from 
insurance  coin- 
iniflsioner  is 
received,  etc. 


Proviso. 


Names  of  cer- 
tain corpora- 
tions may  be 
changed. 


corporation  shall  be  inserted],  for  the  purpose  [here  the 
purpose  declared  in  the  aorecment  of  association  shall  be 
inserted],  and  have  com})lied  with  the  provisions  of  the 
statutes  of  the  Commonwealth  in  such  case  made  and 
provided,  as  appears  from  the  certiticate  of  the  officers  of 
said  corporation,  duly  coititied  by  the  insurance  commis- 
sioner and  recorded  in  this  office ;  now,  therefore,  I  [here 
the  name  of  the  secretary  shall  be  inserted],  secretary  of 
the  Commonwealth  of  Massachusetts,  do  hereby  certify 
that  said  [here  the  names  of  the  subscribers  to  the  agree- 
ment of  association  shall  be  inserted],  their  associates  and 
successors,  are  legally  organized  and  established  as,  and 
are  hereby  made  an  existing  corporation,  under  the  name 
of  [here  the  name  of  the  corporation  shall  be  inserted], 
with  the  powers,  rights  and  privileges,  and  subject  to  the 
limitations,  duties  and  restrictions  which  by  law  appertain 
thereto.  Witness  my  official  signature  hereunto  sub- 
scribed, and  the  seal  of  the  Commonwealth  of  Massachu- 
setts hereunto  affixed,  this  day  of  in  the 
year  .  [In  these  blanks  the  day,  month  and  year 
of  the  execution  of  the  certiticate  shall  be  inserted.] 

The  secretary  shall  sign  the  same  and  cause  the  seal  of 
the  Commonwealth  to  be  thereto  affixed,  and  such  certiti- 
cate shall  be  conclusiv^e  evidence  of  the  existence  of  such 
corporation  at  the  date  of  such  certificate.  He  shall  also 
cause  a  record  of  such  certificate  to  be  made,  and  a  certified 
copy  of  such  record  may  be  given  in  evidence,  with  like 
effect  as  the  original  certificate. 

Section  8.  No  corporation  organized  as  aforesaid 
shall  commence  to  do  l)usiness  or  issue  any  certificate 
until  it  has  presented  satisfactory  evidence  to  the  insur- 
ance commissioner  and  received  his  certification  that  it 
has  obtained  not  less  than  five  hundred  bona  fide  applica- 
tions for  membership,  nor  until  it  has  deposited  as  a  part 
of  its  emergency  fund  with  the  treasurer  of  the  Common- 
wealth at  least  one  thousand  dollars  in  securities  authorized 
by  section  eleven  of  this  act :  provided^  however^  that  this 
requirement  shall  not  apply  to  any  fraternal  beneficiary 
corporation  which  confines  its  membership  to  the  em- 
ployees of  towns,  cities,  or  of  the  Commonwealth,  or  of 
a  designated  firm,  business  house  or  corporation,  or  to  the 
residents  of  any  one  town  or  city. 

Section  9.  Any  domestic  corporation  subject  to  the 
provisions  of  this  act  may,  with  the  consent  of  the  insur- 
ance commissioner,  upon  application  to  the  commissioner 


i 


AoTS,  1898.  —  Chap.  474.  427 

of  corporations,  chanjio  its  name  under  the  conditions  and 
in  the  manner  prescribed  in  chapter  three  hundred  and 
sixty  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one. 

Section  10.     Any  domestic  corporation  subject  to  the  May  how  meet- 
provisions  of  this  act  may  hold  its  annual  meetings  in  any  Cff,^on wealth. 
state,  in  the  District  of  Columbia,  or  in  any  province  in 
the  Dominion  of  Canada,  wherein  it  has  one  or  more  local 
branches ;    and  its  acts  at  such  meetings  shall  have  the 
same  eflect  as  if  done  within  this  Commonwealth. 

Section  11.  Any  corporation  duly  organized  and  ^ft^^n^.najPp^y 
transacting  business  under  this  act,  which  conducts  its  s'ck  or  death 
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  make  provision  for  the  payment 
of  benefits  in  case  of  death,  or  may  make  provision  for 
the  payment  of  benefits  in  case  of  sickness  or  disability, 
or  both  death  benefits  and  sick  or  disability  benefits.  The 
funds  from  which  the  payments  of  such  benefits  shall  be 
made  shall  l)e  derived  from  assessments  collected  from  the 
members.  Such  provision,  funds,  assessments  and  pay- 
ments shall  bo  as  required  and  provided  for  in  its  by-laws. 
Such  death  benefit  shall  be  only  payable  to  the  husband,  ^e^nrfluThafrbe 
wife,  affianced  husband,  affianced  wife,  child  by  legal  payable. 
adoption,  parent  by  legal  adoption,  relatives  of,  or  persons 
dependent  upon  the  member  named  in  the  benefit  certifi- 
cate :  i^rovided^  however,  that  in  any  instance  where  a  Proviso. 
benefit  certificate  has  been  issued  in  accordance  with  the 
above  provisions  and  the  husband,  wife,  affianced  husband, 
affianced  wife,  child,  child  by  legal  adoption,  parent, 
jtarent  by  legal  adoption,  or  persons  dependent  upon 
the  member  named  in  the  benefit  certificate  have  all  died, 
tiie  mcml)er  with  the  consent  of  the  officers  of  the  corpora- 
tion, and  under  such  rules  as  they  may  prescribe,  may 
have  tlie  certificate  transferred  to  any  other  person. 

Any  such  corporation  may  hold  as  a  death  fund  belong-  ^«>'^?'''«*" 

"^      ■,         ..  '■^    .  .*^..  ,-,  1  I  death  fuud  au 

ing  to  the  beneficiaries  oi  anticipated  deceased  members  amount  not 
an  amount  not  exceeding  three  assessments  from  a  general  assessments, 
or  unlimited  membership,  or  an  amount  not  exceeding  in  ^^'^' 
tlie  aggregate  three  assessments  from  each  limited  class  or 
division   of  its  members ;    and  in  addition  thereto  may 
create,  collect,  maintain,  disburse  and  apply  an  emergency 
fund  in  accordance  with  its  by-laws,  not  however  at  any 


428 


Acts,  1808.  —  Chap.  4^4. 


Death  fund  to 
be  invested 
in  certain  se- 
curitieH. 


Securities  to  be 
deposited  in 
trust  witli  the 
treasurer  of 
the  Coinnion- 
wealth,  etc. 


Funds  to  be 
used  only  for 
prescribed  pur- 
poses, etc. 


Proviso. 


Certain  con- 
ditional con- 
tracts not  valid, 
etc. 


Death  and  disa- 
bility assess- 
ments may  be 
called  together. 
Proviso. 


time  exceedinor  in  amount  collected  from  its  members 
three  per  cent,  of  the  aggregate  face  value  of  all  its  then 
outstanding  benefit  certificates.  If  any  part  of  such  fund 
payable  by  a  member  under  such  by-laws  shall  remain 
unpaid  at  his  decease  the  same  may  be  deducted  from  the 
amount  payable  to  his  beneficiary  or  beneficiaries ;  and 
provided^  farther,  that  any  decrease  in  such  face  value 
shall  not  require  a  corresponding  diminution  of  such  emer- 
gency fund.  Such  death  fund  while  held  in  trust  shall  be 
invested  in  securities  in  which  insurance  companies  are 
allowed  by  law  to  invest  their  capital,  or  deposited  in  safe 
banking  institutions  subject  to  sight  drafts,  for  distribu- 
tion to  the  beneficiaries  aforesaid.  Such  emergency  fund 
shall  be  invested  in  securities  in  which  insurance  com- 
panies are  allowed  by  law  to  invest  their  capital,  or  not 
exceeding  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  Common- 
wealth, but  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  with- 
drawn except  upon  a  requisition  signed  by  three  fourths 
of  the  directors  or  executive  committee,  or  other  officers 
corresponding  thereto,  and  endorsed  by  the  insurance 
commissioner,  setting  forth  that  the  same  is  to  be  used 
for  the  purposes  of  the  trust. 

No  portion  of  the  funds  herein  provided  shall  be  used 
for  any  other  purposes  than  as  heretofore  specifically  pre- 
scribed, and  no  assessment  for  the  disability  fund  shall  be 
called  while  there  remains  on  hand  of  such  fund  an  amount 
equal  to  that  received  from  one  assessment,  provided, 
however,  that  payments  for  total  permanent  disability 
may  be  made  from  the  death  fund. 

No  contract  under  this  section  shall  l)e  valid  or  legal 
which  shall  be  conditional  upon  an  agreement  or  under- 
standing that  the  beneficiary  shall  pay  the  dues  and 
assessments,  or  either  of  them.  Death  and  disability 
assessments  may  be  called  together,  j)rovided,  that  the 
proportion  to  l)e  used  for  cither  purpose  shall  be  dis- 
tinctly stated  and  the  amount  received  for  each  fund  shall 
be  held  and  used  only  in  the  manner  heretofore  provided. 
The  fund  from  which  the  expenses  shall  be  defra^^d  may 


Acts,  1898.  — Chap.  474.  429 

be  derived  from  a  per  capita  tax,  dues  or  expense  assess- 
ments. 

Section  12.     Any  corf)oration  orojanized  under  or  con-  Certain  corpo- 
ductinij^  its  business  in  accordance  with  the  prov^isions  of  niVke'tijree 
this  act,  and  which  has  no  per  capita  tax,  may  make  not  pe^ye^rTr 
exceedinj::  three  assessments  j)er  year  to  meet  its  reason-  expenses. 
ably  necessary  expenses.     The  purpose  of  such    assess- 
ments shall   be  clearly  stated  in   calls  therefor,  and  no 
expense  assessment  shall  be  called  while  the  amount  of 
one  assessment  remains  on  hand. 

Any  corporation  organized  as  aforesaid  which  limits  its  Not  subject  to 
membership  to  the  permanent  employees  of  towns,  cities,  tk^nsl'etc?'*''" 
or  the  Conmionwealth,  and  which  pays  only  annuities  or 
gratuities  contingent  upon  disability  or  long  service,  shall 
not  be  subject  to  the  foregoing  limitation  as  to  the  amount 
of  funds  to  be  held  for  the  purposes  of  its  organization, 
and  may  accept  and  hold  gifts,  legacies  or  other  contribu- 
tions therefor. 

Any  existing  fraternal  beneficiary  corporation  or  asso-  certain  existing 

•    .  •    *  1  •    J.'  I  1         'i    1  I  •    J  •  corporations, 

ciation,  and  any  existnig  purely  charitable  association  or  etc.,  may  con- 
corporation  ,  either  of  which  pays  a  death  or  funeral  benefit  etc?*^  business, 
not  exceeding  one  hundred  and  twenty-five  dollars,  and 
disability  benefits  not  exceeding  five  dollars  per  week,  is 
hereby  authorized  to  continue  in  this  Commonwealth  such 
business  without  otherwise  conforming  to  the  provisions 
of  this  act. 

Xo   corporation    shall    re-insure    with    or   transfer    its  Reinsurance 

>!•  j^-r'j.  /»ij  •       !•  ,    with  or  transfer 

memoership,  certincates  or  tunds  to  any  organization  not  of  membership, 
authorized    to  do   business   in    this   Commonwealth,   and  orguni*zation8" 
members  of  such  corporations  shall  not  vote  by  proxy.        prohibited,  etc. 

Section  13.     Fraternal  beneficiary  corporations  organ-  Conditions 
ized  under  the  laws  of  another  state  and  paying  only  dis-  certain\Jeign 
ability  and  death  benefits,  and   now  transacting  in  this  HclaTy'cor^poTa- 
Commonwealth  the  business  defined  in  this  act,  may  con-  b"";;™'^}^'* 
tinue  such  business  upon  complying  with  the  provisions  this  common. 

r.     ...  ,  ,  ^  IX-  J.  J     •  wealth,  etc. 

ot  this  act ;  and  any  such  corporation  not  now  doing 
business  in  this  Commonwealth  may  be  admitted  to  do 
such  business  when  it  shall  have  filed  with  the  insurance 
commissioner  a  duly  certified  copy  of  its  charter  and 
articles  of  association,  and  a  copy  of  its  constitution  or 
laws  certified  to  by  its  secretary  or  corresponding  officer, 
together  with  the  appointment  of  such  commissioner  as 
the  person  uj)on  whom  process  shall  be  served  as  herein- 
after provided,  and  a  statement  under  oath  of  the  president 


430 


Acts,  1898.  — Chap.  474. 


Annual  report 
to  be  made 
to  insurance 
commiusioncr. 


and  secretary  in  the  form  required  by  such  commissioner 
of  its  business  for  the  preceding  year,  and  provided  that 
such  corporation  shall  be  shown  to  be  authorized  or  per- 
mitted to  do  business  in  the  state  in  which  it  is  incorpo- 
rated or  organized,  and  provided  that  similar  corporations 
organized  under  the  laws  of  this  Commonwealth  are  author- 
ized to  do  business  in  such  state.  When  any  other  state 
shall  impose  any  obligations  in  excess  of  those  imposed 
by  this  act  upon  any  such  cor})oration  of  the  Conmion- 
wealth  the  like  obligation  shall  be  imposed  on  similar 
corporations  of  such  state  doing  business  in  this  Common- 
wealth. The  transaction  of  the  business  defined  in  this 
act  by  any  corporation,  association,  partnership  or  indi- 
viduals, unless  organized,  continuing  or  admitted  as  pro- 
vided herein,  is  forbidden. 

Section  14.  Every  corporation  doing  business  under 
the  foregoing  provisions  shall  annually,  on  or  l)efore  the 
first  day  of  February  in  each  year,  report  to  the  insurance 
commissioner  the  location  of  its  princi})al  office  in  this 
Commonwealth,  and  the  names  and  addresses  of  its  pres- 
ident, secretary  and  treasurer,  or  other  ofiicers  answering 
thereto ;  and  shall  make  under  oath  such  statements  of  its 
membershi})  and  financial  transactions  for  the  3'ear  ending 
on  the  preceding  thirty-first  day  of  December,  with  other 
information  relating  thereto,  as  said  commissioner  may 
deem  necessary  to  a  proper  exhibit  of  its  business  and 
standing ;  and  the  commissioner  may  at  other  times  re- 
quire any  further  sworn  statement  which  he  may  deem 
necessary,  relating  to  any  such  corporation.  For  good 
cause  shown  the  commissioner  may  extend  the  time  within 
which  any  annual  statement  may  be  filed,  but  not  to  a 
date  later  than  the  first  da}'  of  ]March.  It  shall  be  the 
duty  of  the  president,  secretary  and  treasurer,  or  other 
officers  having  similar  duties,  to  make  out  and  transmit 
the  above-named  statements,  and  said  officers  shall  be 
severally  liable  for  neglect  thereof. 

Section  15.     Every  foreign  coqioration   shall   l)efore 
point  insurance  doiug  busiucss  lu  this  Commouwcalth  appoint  in  writing 

commissioner         ,        .'-  ,       .  ,  .  •  ^r>  i 

its  attorney,  the  insuraucc  commissioner  or  his  successor  in  office  to  be 
its  true  and  lawful  attorney,  upon  whom  all  lawful  proc- 
esses in  any  action  or  proceeding  against  it  shall  be 
served;  and  in  such  writing  shall  agree  that  any  lawful 
process  against  it  which  is  served  on  .said  attorney  shall 
be  of  the  same  legal  force  and  validity  as  if  served  on  the 
corporation,  and  that  the  authority  shall  continue  in  force 


Foreign  corpo- 
ration to  ap 


Acts,  1898.  — Chap.  474  431 

so  long  as  any  liability  remains  outstanding  against  the 
corporation  in  this  Commonwealth,  A  copy  of  the  writing, 
duly  certified  and  authenticated,  shall  be  filed  in  the  office 
of  the  commissioner,  and  copies  certified  by  him  shall  be 
deemed  sufficient  evidence  thereof.  Service  upon  such 
attorney  shall  be  made  by  leaving  the  same  in  his  hands 
or  office,  and  shall  be  deemed  sufficient  service  upon  the 
principal.  When  legal  process  against  any  such  corpora-  corporation  to 
tion  is  served  upon  the  commissioner  he  shall  immediately  commislToil'e^ 
notify  the  corporation  of  such  service  by  letter,  prepaid  h^il^beerBeTved, 
and  directed  to  its  secretary ;  and  shall,  within  two  days  «'*=• 
after  such  service,  forward  in  the  same  manner  a  copy  of 
the  process  served  on  him  to  such  secretary,  or  to  any 
person  previously  designated  by  the  corporation  in  writing. 
The  plaintift'  in  each  process  so  served  shall  pay  to  the 
commissioner  at  the  time  of  such  service  a  fee  of  two 
dollars,  which  shall  be  recovered  by  him  as  part  of  the 
taxable  costs  if  he  prevails  in  the  suit.  The  commissioner 
shall  keep  a  record  of  all  processes  served  upon  him, 
which  record  shall  show  the  day  and  hour  when  such  ser- 
vice was  made.  Every  corporation  organized  or  trans- 
acting business  under  or  as  defined  in  this  act  shall  within 
three  months  after  the  adoption  by  it  of  an  amendment  to 
its  l)y-laws  file  with  the  insurance  commissioner  a  copy 
thereof. 

Section  1G.     No  corporation  organized  or  transacting  corporations 
business  under  this  act  shall  employ  paid  agents  in  solicit-  paid  ag^e^fJ^in 
ing  or  }-)rocuring  business,  except  that  corporations  trans-  neastexfept,"' 
acting  business  as  fraternal  societies  on  the  lodge  system,  «'"=• 
or  which  limits  its  certificate  holders  to  a  particular  order 
or  fraternity,  may  employ  organizers  in  the  preliminary 
organization  of  local  branches,  and  members,  as  officers 
or  deputies,  to  assist  members  of  weak  and  inactive  local 
branches  to  increase  their  membership,  provided  that  their 
compensation  does  not  depend  upon  and  is  not  aftected  by 
such  increase.     Any  person  wdio  shall  solicit  membership  Penalty  for 

1"   ..        „  ■„  •    J.  •  •  L  1  •        •         policitinK  mem- 

lor,  or  m  any  manner  assist  m  procuring  membership  in,  bersiup  in 
or  aid  in  the  transaction  of  business  for,  any  corporation  """poJ-^tioM'! 
or  organization  not  authorized  to  do  business  in  this  Com-  <^*'=- 
monwealth,  shall  bo  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  l)c  punished  as  provided  in  section 
twenty-one  of  this  act. 

Section  17.     The  monev  or  other  benefit  to  l)e  paid  Beneflt funds 

,.'  ^  I       ,       not  liable  to 

i)V  any  corporation  authorized  to  do  business  under  this  attaohmenu 
net  shall  uot  be  liable  to  attachment  by  trustee  or  other 


432 


Acts,  1898.  — Chap.  474. 


Penalty  for 
making  false 
statement,  etc. 


Injunction  may 
isBue  in  certain 
caues. 


process,  and  shall  not  be  seized,  taken,  appropriated  or 
applied  by  any  legal  or  equitable  process,  or  by  operation 
of  law,  to  pay  any  debt  or  liability  of  a  certificate  holder, 
or  any  beneficiary  named  therein. 

Section  18.  Any  solicitor,  agent  or  examining  physi- 
cian who  shall  knowingly  or  wilfully  make  any  false  or 
fraudulent  statement  or  representation  in  or  with  reference 
to  any  application  for  membership,  or  who  shall  make 
such  false  or  fraudulent  statement  or  representation  for 
the  purpose  of  obtaining  any  money  or  benefit  in  any 
corporation  transacting  business  under  this  act,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  fine  of  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars,  or  imprisonment  in  the  county 
jail  for  not  less  than  thirty  days  nor  more  than  one  year, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court ;  and  any  person  who  shall  wilfully  make  a 
false  statement  of  any  material  fact  or  thing  in  a  sworn 
statement  as  to  the  death  or  disability  of  a  certificate 
holder  in  any  such  corporation,  for  the  purpose  of  pro- 
curing payment  of  a  benefit  named  in  the  certificate  of 
such  holder,  shall  be  guilty  of  perjury  and  shall  be  pro- 
ceeded against  and  punished  as  provided  by  the  laws  of 
this  Commonwealth  in  relation  to  the  crime  of  perjury. 

Section  19.  When  the  insurance  commissioner  on 
investigation  is  satisfied  that  any  corporation  organized 
or  conducting  business  under  this  act  has  exceeded  its 
powers,  or  has  failed  to  comply  with  any  provisions  of 
law,  or  has  conducted  business  fraudulently,  or  that  its 
condition  is  such  as  to  render  its  further  proceedings 
hazardous  to  the  public  or  to  its  certificate  holders,  or  in 
case  any  such  corporation  shall  vote  to  discontinue  its 
business,  he  shall  report  the  facts  to  the  attorney-general, 
who  may  thereupon  apply  to  a  justice  of  the  supreme 
judicial  or  superior  court  for  an  injunction  restraining 
such  corporation  in  whole  or  in  part  from  the  further 
prosecution  of  business.  Such  justice  may  in  his  discre- 
tion issue  an  injunction  forthwith,  or  upon  notice  and 
hearing  thereon  may  issue  such  injunction  or  decree  for 
the  removal  of  any  ofiScer  of  said  corporation,  and  substi- 
tute a  suitable  person  to  serve  in  his  stead  until  a  succes- 
sor is  chosen,  and  after  a  full  hearing  on  the  matter  may 
dissolve  or  modify  such  injunction  or  make  it  perpetual, 
and  make  such  further  orders  and  decrees  as  the  interests 


Acts,  1898.  — Chap.  174.  433 

of  the  corporation,  the  certificate  holders  and  the  public 
may  require  ;  and  may  appoint  a  receiver  to  take  posses-  Receiver  may 
sion  of  the  property  and  effects  of  the  corporation  and  to  |^'j«|.^ppoi°^«=''> 
settle  its  affairs,  subject  to  such  rules  and  orders  as  the 
court  may  from  time  to  time  prescribe  according  to  the 
course  of  proceedings  in  equity.  No  such  injunction  shall 
issue,  and  no  order,  judgment  or  decree  appointing  a 
temi)orary  or  permanent  receiver  shall  be  made  or  granted, 
otherwise  than  upon  the  application  of  the  attorney-gen- 
eral, on  his  own  motion,  or  at  the  relation  of  said  insurance 
commissioner,  whether  the  state  or  a  member,  or  other 
party  seeks  relief. 

Section    20.      Any   fraternal   beneficiary   corporation  Existing  cor- 
existing  under  the  laws  of  this  Commonwealth,  and  now  re°iucoi"p*o"te, 
engaged   in  transacting  business  as  herein  defined,  may  '^"^' 
re-incorporate  under  the  provisions  of  this  act :  provided.  Proviso. 
that  nothing  in  this  act  shall  be  construed  as  requiring  or 
making  it  obligatory  upon  any  such  corporation  to  re- 
incorporate ;   and  any  such  corporation  may  continue  to 
exercise  all  rights,   powers  and  privileges  conferred  by 
this  act  or  its  articles  of  incorporation  not  inconsistent 
herewith,   and  shall  be  subject  to  the  requirements  and 
penalties  of  this  act  the  same  as  if  re-incorporated  here- 
under.    No  charter  granted  under  the  provisions  of  this 
act  shall  continue  valid  after  one  year  from  the  date  of 
such  charter  unless  the  organization  has  been  completed 
and  business  begun  thereunder.     The  charter  of  any  cor- 
poration subject  to  the  provisions  of  this  act,  and  any 
charter   hereafter  granted  under   this  act,   shall    become 
invalid  and  of  no  force  if  no  business  thereunder  is  trans- 
acted for  a  period  of  twelve  months. 

Skction  21.  Any  such  corporation,  association  or  Penalty  for 
society  transacting  business  in  this  Conunonwealth,  and  vi8ions°"et°c.'"  ' 
any  agent  or  officer  of  such  corporation,  association  or 
society  neglecting  to  comply  with  or  violating  any  pro- 
vision of  this  act,  shall  be  punished  by  fine  of  not  less 
than  fifty  nor  more  than  two  hundred  dollars,  or  by  im- 
prisonment in  a  jail  or  bouse  of  correction  for  not  less 
than  three  montiis  nor  more  than  two  years,  or  by  l)oth 
such  tine  and  imprisonment,  in  the  dist»'etion  of  the 
court. 

Section  22.     The  provisions  of  chapter  five  hundred  i«94  522,notto 
and  twenty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  shall  not  apply  to  corporations  organized 


434 


Acts,  1898.— Chap.  475. 


Provisions  the 
same  as  of  exist- 
ing laws  to  be 
constnied  as  a 
continuaiiou, 
etc. 


Repeal. 


or  admitted  under  and  transacting  business  in  conformity 
to  this  act. 

Section  23.  The  provisions  of  this  act  so  far  as  they 
are  the  same  as  those  of  existing  laws  shall  be  construed 
as  a  continuation  of  such  laws  and  not  as  new  enactments  ; 
and  the  repeal  by  this  act  of  any  provision  of  law  shall  not 
affect  any  act  done,  liability  incurred,  or  any  right  accrued 
and  established,  or  any  suit  or  prosecution,  civil  or  crimi- 
nal, pending  or  to  be  instituted,  to  enforce  any  right  or 
penalty  or  punish  any  offence  under  the  authority  of  the 
repealed  laws ;  and  any  person  who  at  the  time  when  said 
repeal  takes  effect  holds  office  under  any  of  the  laws  re- 
pealed shall  continue  to  hold  such  office  according  to  the 
tenure  thereof,  unless  such  office  is  abolished  or  a  differ- 
ent provision  is  herein  made. 

Section  24.  Chapter  two  hundred  and  eighty-one  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-five  and 
all  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed.  Approved  May  27^  1898. 


njia7).4:75    ^^    ^^"^   RELATIVE   TO   THE    COMPLETION    OF   THE    PUBLIC    LIBRARY 

BUILDING  IN   THE   CITY   OF   BOSTON. 


Certain  sum 
may  be  ex- 
pended on  Cen- 
tral Public 
Library  build- 
ing, etc. 


City  treasurer 
of  Boston  to 
issue  bonds, 
etc. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  Trustees  of  the  Public  Library  of  the 
City  of  Boston  may  expend  not  exceeding  one  hundred 
thousand  dollars  upon  the  Central  Public  Library  build- 
ing of  said  city  on  Copley  square,  and  upon  the  fittings 
thereof. 

Section  2.  The  city  treasurer  of  said  city  shall  from 
time  to  time,  on  the  request  of  the  mayor,  issue  bonds  of 
said  city  to  an  amount  not  exceeding  one  hundred  thou- 
sand dollars,  outside  of  the  limit  of  indebtedness  fixed  by 
law  for  said  city.  Said  bonds  shall  be  registered  or  with 
interest  coupons  attached,  and  shall  be  issued  for  such 
terms,  not  exceeding  twenty  years,  and  bear  such  rate  of 
interest,  not  exceeding  four  per  cent.  [)er  annum,  as  said 
treasurer  and  mayor  shall  determine  ;  and  said  treasurer 
shall  sell  said  l)onds  as  so  requested,  deposit  the  proceeds 
thereof  in  the  treasury  of  said  city,  and  pay  therefrom  the 
expenses  incurred  by  said  trustees  for  the  purposes  afore- 
said. 

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

Appiroved  May  27,  1898. 


Acts,  1898.  — Chaps.  476,  477,  478.  435 


An  Act  relative  to  state  highways.  ChavA'JQ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  four  hundred  and  amended.^  ^* 
ninety-seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereby  amended  by  striking  out  all  after 
the  word  "  commission  ",  in  the  seventh  and  eighth  lines, 
and  inserting  in  place  thereof  the  words :  —  requesting 
that  said  road  may  be  taken  charge  of  by  the  Common- 
wealth, —  so  as  to  read  as  follows  :  —  Section  1.     When-  Petition  for  the 

,,  .  .       .  ^  ,  ^,  takiUK  of  certain 

ever  the  county  commissioners  ot  a  county,  or  the  mayor  roads  as  state 
and  aldermen  of  a  city,  or  the  selectmen  of  a  town,  ad-  '^'s'^'^^y*- 
judge  that  the  public  necessity  and  convenience  require 
that  the  Commonwealth  take  charge  of  a  new  or  an  exist- 
ing road  as  a  highway,  in  whole  or  in  part,  in  that  county, 
city  or  town,  they  may  apply  by  a  petition  in  writing  to 
the  Massachusetts  highway  commission,  requesting  that 
said  road  may  be  taken  charge  of  by  the  Commonwealth. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  27,  1898. 


ChapAll 


An  Act  to  authorize  the  appointment  of  a  third  deputy 
by  the  controller  of  county  accounts. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.     The  controller  of  county  accounts  may  TMrd  deputy 
appoint,  with  the  approval  of  the  governor  and  council,  pointed  by  con. 
and  subject  to  removal  with  their  consent,  to  assist  him  accounti.""'^"*^ 
in  the  discharge  of  the  duties  of  his  office,  a  third  deputy, 
with  an  annual  salary  of  one  thousand  dollars  ;  and  said 
controller  shall  also  be  allowed  the  actual  expenses  of  said 
de})uty  incurred  in  travelling  in  the  discharge  of  his  official 
duties.     Said  deputy  shall  have  the  same  powers  as  other 
deputies  of  the  controller. 

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

Approved  May  27,  1898. 


ChapAlS 


An  Act  to  establish  the  district  court  of  northern  Nor- 
folk. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  towns  of  Dedham,  Hyde  Park,  Dover,  District  court  of 
Norwood,  Westwood,  Medtield,  Needham  and  Wellesley  foikettab-""^ 
shall  constitute  a  judicial  district  under  the  jurisdiction  ot  ''^''''''' 


436  Acts,  1898.  — Chap.  479. 

a  court  to  be  called  the  district  court  of  northern  Norfolk. 
Said  court  shall  be  held  in  the  town  of  Dedham. 

juetices, etc.  SECTION  2.      There  shall  be  one  justice,  two  special 

justices  and  a  clerk  of  said  court.  The  justice  shall  receive 
an  annual  salary  of  fifteen  hundred  dollars,  and  the  clerk 
an  annual  salary  of  eight  hundred  dollars,  to  be  paid  by 
the  county  of  Norfolk.  All  the  provisions  of  law  appli- 
cable to  district  courts  shall  apply  to  said  court. 

5"'*''^"°°'  Section  3.  The  first  session  of  said  court  shall  be 
held  on  the  second  day  of  July  in  the  year  eighteen  hun- 
dred and  ninety-eight,  but  nothing  in  this  act  shall  afiect 
any  suit  or  other  proceedings  begun  prior  to  said  second 
day  of  July. 

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

Ap2)roved  May  27,  1898. 

ChavAlQ  An  Act  relative  to  the  promotion  ok  anatomical  science. 
Be  it  enacted,  etc.,  as  follows: 

tl?nper8oSr'         Section  1.     Upou  the  written  application  of  the  dean 
may  be  used  for  or  othcr  officcr  of  aiiv  mcdical  school  established  by  law 

the  advance-  •         t  •      r^  iii  /»i  /•• 

raentofana-  in  this  Commonwealtli  the  overseers  oi  the  poor  oi  a  city 
■  or  town,  the  trustees  for  children  of  the  city  of  Boston, 
the  pauper  institution  trustees  of  said  city,  the  insane 
hospital  trustees  of  said  city,  the  penal  institution  com- 
missioner of  said  city,  the  trustees  and  superintendent 
of  the  state  almshouse,  state  farm,  or  other  public  in- 
stitution supported  in  whole  or  in  part  at  the  pu])lic 
expense,  except  the  soldiers'  home  in  Chelsea,  shall  in 
accordance  with  the  provisions  of  this  act  give  such  dean 
or  other  officer  permission  to  take  the  bodies  of  such  ])er- 
sons  dying  in  such  town,  city,  city  institution,  state  alms- 
house, state  farm  or  public  institution,  as  are  required  to 
be  buried  at  the  public  expense,  within  three  days  of  their 
death,  to  be  used  within  the  state  for  the  advancement  of 

Proviso.  anatomical  science  :  2:)rovid€d,  that  such  i)erniission  shall 

not  be  given  to  take  the  body  of  any  soldier  or  sailor, 
known  to  be  such,  who  has  served  in  the  w^ar  of  the 
rebellion  or  in  the  war  between  the  United  States  and 
Spain.  In  giving  such  permission  regard  shall  be  had 
to  preserving  as  far  as  practicable  a  fair  proportion  be- 
tween the  number  of  students  in  attendance  at  such  in- 
stitutions and  the  number  of  such  bodies  delivered  to 
them  respectively. 


Acts,  1898.  —  Chap.  480.  437 

Section  2.  Such  dean  or  other  officer  before  receiving  officer  receiving 
any  such  dead  body  shall  give  to  the  board  or  officer  sur-  uoud,  etc/^ 
rendering  the  same  to  him  a  sufficient  bond  that  such  body 
thus  received  by  him  shall  be  used  only  for  the  promotion 
of  anatomical  science  within  this  Commonwealth,  and  in 
such  maimer  as  in  no  event  to  outrage  the  public  feeling, 
and  that,  after  having  been  so  used,  the  remains  shall  be 
decently  l)uricd,  and  further  that  it  shall  not  be  so  used 
until  the  expiration  of  fourteen  daj^s  from  the  date  of  the 
death  of  such  deceased  person,  and  further  that  such  body 
shall  during  said  fourteen  days  be  kept  in  such  condition 
and  in  such  a  place  that  it  may  be  viewed  by  any  person, 
at  all  reasonable  times,  for  the  purpose  of  identification. 

Section   3.     If  the   deceased  person  during  his  last  fo^bel^urfed'*"* 
sickness,  of  his  own  accord  requests   to    be    buried  or  e'^.'^'^V^^'^'"*'" 

1  iriGiiu   etc, 

requests  that  his  body  be  delivered  up  to  any  friend,  or 
if  within  fourteen  days  after  the  death  of  such  deceased 
person  any  person  claiming  to  be  and  satisfying  the  au- 
thorities that  he  is  a  friend  or  is  of  kindred  to  the  de- 
ceased, asks  to  have  the  body  buried  or  surrendered  to 
himself,  or  if  such  deceased  person  was  a  stranger  or 
traveller  who  suddenly  died,  the  body  shall  not  be  given 
up  as  aforesaid  to  such  dean  or  other  officer,  but  shall  in 
conformity  with  such  request  be  either  buried  or  delivered 
to  such  friend  or  kindred. 

Skctiox  4.  So  much  of  chapter  eighty-one  of  the  Repeal. 
Public  Statutes,  chapter  three  hundred  and  ten  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-seven,  and 
chapter  one  hundred  and  eighty-five  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-one,  as  is  inconsistent 
with  this  act  is  hereby  repealed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  27,  1898. 

An   Act   to   authorize  the    erection    and    maintenance    of  niinxt  480 

DAMS  across  streams  NOT  NAVIGABLE,  FOR  MAKING  AND  MAIN-  ^  * 

TAINING   ICE   PONDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Any  owner  or  lessee  of  land  used  for  an  Dams  may  be 
ico  i)ond  may  erect  and,  l)etween  the  first  day  of  Novem-  certai'n  Btre"am8 
l>cr  and  the  first  day  of  March,  maintain  a  dam  upon  and  n°aiirtai'nmg''i^e 
across  a  stream  not  navigable,  for  the  purpose  of  flowing  ponds. 
adjoining  land  and  making  an  ice  pond,  upon  the  terras 


438  AcTR,  1898.  — CiTAP.  481. 

and  conditions  and  siil)ject  to  the  regulations  contained  in 
cliiipter  one  hundred  and  ninety  of  the  Public  Statutes, 
so  far  as  the  same  are  properly  applicable  in  such  cases, 
and  also  subject  to  the  condition  that  the  party  maintain- 
ing such  dam  shall  annually  pay  to  the  owner  of  any  land 
which  may  be  overflowed  or  injured  by  such  dam  the 
amount  of  the  tax  which  may  be  from  time  to  time  as- 
Proviso.  sessed  on  such  land  :  jjrovided,  that  such  a  dam  shall  not 

be  erected  w:ithout  the  permission  of  all  of  the  owners 
of  the  land  which  would  be  flowed  by  the  dam,  unless 
the  person  or  corporation  proposing  to  erect  the  dam 
shall  furnish  to  the  owners  of  said  land  who  do  not  con- 
sent to  the  erection  of  the  dam,  security  satisfactory  to 
them  or  approved  by  the  judge  of  any  court  of  record 
or  by  any  officer  authorized  to  approve  bonds  for  the 
dissolution  of  attachments  of  real  estate,  for  the  payment 
of  any  damages  which  may  be  caused  by  flowing  the  lands 
of  such  owners. 

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

A2iproved  May  28,  1898. 

ChClV-4:8\    -^^    ^^^    '^*^     EXTEND   THE    OPEUATrOX   OF   THE    LAAV     KELATIVE     TO 

THE   AVEEKLY   PAYMENT   OF   AV^AGES. 

Be  it  enacted,  etc. ,  as  folloivs : 

etc^'amended.        Section  1.     Scctiou  ouc  of  chapter  four  hundred  and 
thirty-eight  of  the   acts   of  the  year  eighteen  hundred 
and  ninety-five,  as   amended  by  chapter  three   hundred 
and   thirty-four  of  the  acts  of  the  year  eighteen  hun- 
dred  and   ninety-six,    is    hereby    amended    by    striking 
out  the  words  "and  having  more  than  twenty-five  em- 
ployees", in  the  seventh  and  eighth  lines,  so  as  to  read 
Law  relative  to  as  follows  :  —  Sectioii  1.     Scctious  fifty-onc  to  fifty-four, 
mentof'wages    iuclusive,  of  chaptcr  fivc  hundred  and  eight  of  the  acts 
tractml! etc?°°'  of  the  yoar  eighteen  hundred  and  ninety-four,  relative 
to  the  weekly  payment  of  Avages  by  corporations,   shall 
apply  to  all   contractors  and  to   any  {person   or  partner- 
ship engaged  in  this  Commonwealth  in  any  manufacturing 
Son'-'deftned.  busluess.    Aud  tlic  word  "  corporation",  as  used  in  said 
sections,    shall    include    such    contractors,    persons    and 
partnerships. 

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

jipproued  June  1,  1898. 


Acts,  1898.  — Chap.  482.  439 


An  Act  to  ai:tii()kizk  the  city  ok  holyokk  to  supply  water  (JJiajyA^^ 

OUTSIDE    OV  THE   LIMITS   OK   SAIU   CITY. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     The   town    of  West   Sprins^field,  by   its  TownofWeat 

,  .       .  !•         J  u  r  '  1     •  'J-      Spriugfield  may 

water  commissioners,  tor  the  purpose  oi  supplying  its  contract  with 
inhtibitants  with  water  for  fire,  domestic  or  other  pur- Ho,y^^°|or.i 
poses,  in  addition  to  the  })owers  already  conferred  upon  supply  of  water, 
it  by  chapter  one  hundred  and  thirty-eight  of  the  acts 
of  the  year  eiglitcen  hundred  and  seventy-five  and  chapter 
two  hundred  and  six  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-three,  may  contract  with  the  city  of  Hol- 
yoke  for  a  supply  of  water  for  the  purposes  hereinbefore 
named,  u})on  such  terms  and  for  such  periods  of  time  as 
may  be  agreed  ujion  by  the  water  commissioners  of  said 
town  and  the  water  commissioners  of  said  city.  Said 
town  may  tap  the  pipe  line  of  said  city  at  any  point 
within  the  limits  of  said  town  which  the  water  commis- 
sioners of  said  town  may  select,  and  draw  therefrom 
such  su])ply  of  water  as  shall  be  agreed  upon  between 
the  water  commissioners  of  said  town  and  the  water 
commissioners  of  said  city. 

Section  2.     Said  city  may  take  water  from  the  sources  city  may  take 
mentioned  in  chapter  four  hundred  and  nineteen  of  the  tain  sources  for 
acts  of  the  year  eighteen  hundred  and  ninety-six,  for  the  townl^ofVest 
additional  purpose  of  enabling  said  city  to  supply  said  ^^estfleidfe^c.'* 
town  of  "West  Springfield,  and  the   inhabitants    of  the 
town  of  Westfield  as  hereinafter  })rovided,  with  water 
in  accordance  with  the  provisions  of  this  act ;  and  said 
city  may  sell  to  the  town    of  West  Springfield  and  to 
the  inhabitants  of  the  town  of  Westfield  such  a  supply 
of  water  as  shall  be  agreed  upon  by  the  water  commis- 
sioners of  said  towns  and  the  water  commissioners  of  said 
city. 

Section  3.     The  town  of  West  Springfield  may  take  Town  of  west 
and  hold,  by  ])urchase  or  otherwise,  all  lands,  rights  of  talcVclrtain™*^ 
way  and  easements  necessary  for  conveying  the  said  sup-  ^ayl'elcf ''*  °^ 
))ly  of  water  to  any  and  all  yiari^  of  said  town  ;  and  may 
make  excavations  and  jirovido  such  means  and  appliances 
as  may  be  necessary  for  the  purposes  hereinljefore  set 
foi-th  :  and  may  construct  and  lay  down  conduits,  pipes  M«y 'ay  con- 

'  '  •  -  '^    '^  dints,  pipes,  etc. 

and  other  works,  under  or  over  any  lands,  water  courses, 
railroads  or  ])ul)lic  or  private  ways,  and  along  any  such 
ways  in  such  manner  as  not  unnecessarily  to  ol)struct  the 


440 


Acts,  1898.  — Chap.  482. 


May  dig  up 
landB,  ways,  etc 


Description  of 
lauds,  etc.,  to 
be  recorded. 


Damages. 


same ;  and  for  the  purpose  of  constructing,  maintaining; 
and  repairing  the  same,  and  for  all  proper  purposes  of 
this  act,  said  town  may  dig  up  any  lands,  and,  under  the 
direction  of  the  board  of  selectmen  of  said  town,  may 
enter  upon  and  dig  up  any  such  ways,  in  such  manner 
as  to  cause  the  least  hindrance  to  }iublic  travel  on  suc^h 
ways. 

Section  4.  The  town  of  West  Springfield  shall, 
within  sixty  days  after  the  taking  of  any  such  lands, 
rights  of  wjly  or  easements  as  aforesaid,  otherwise  than 
by  purchase,  file  and  cause  to  he  recorded  in  the  registry 
of  deeds  for  the  county  of  Hampden  a  description  of  said 
lands,  rights  of  way  and  easements,  sufficiently  accurate 
for  identification,  with  a  statement  of  the  purpose  for 
which  the  same  were  taken,  signed  by  the  water  com- 
missioners of  said  town. 

Section  5.  The  town  of  West  Springfield  shall  ])e 
liable  to  pay  all  damages  sustained  by  persons  or  cor- 
porations in  their  property  by  the  taking  of  any  lands, 
rights  of  way  or  easements,  or  by  the  construction  of 
pipes,  conduits  or  other  works,  or  by  the  doing  of  any 
other  thing  necessary  to  carry  out  the  provisions  of  this 
act,  so  far  as  the  same  relate  to  said  town.  Any  person 
or  corporation  sustaining  damages  as  aforesaid,  who  can- 
not agree  with  said  town  upon  the  amount  of  such  dam- 
ages, may  have  the  same  assessed  and  determined  in  the 
manner  provided  in  section  four  of  chapter  two  hundred 
and  six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety -three. 

Section  (5.  The  city  of  Holyoke,  by  its  water  commis- 
water  to  "certain  sionci's ,  may  also  supply  water  from  the  sources  aforesaid 

perwons,  etc.,         i'^t'ii 

tor  nre,  domestic  and  other  purposes,  to  persons  and 
corporations  owning  or  occupying  lands  in  the  town  of 
Westfield  within  twelve  hundred  feet  of  the  pipe  line 
conducting  said  water  supply ;  such  water  to  be  so  sup- 
plied in  such  quantities  and  for  sucli  })eriods  of  time  as 
shall  be  agreed  upon  by  the  water  commissioners  of  said 
town  and  the  water  commissioners  of  said  city. 

Section  7.  The  provisions  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-six  shall  apply  to  this  act  so  far  as  the  same 
are  not  inconsistent  herewith. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  2,  2898, 


City  of  Holyoke 
may  supply 


in  Westlield. 


1S96,  419,  to 
apply. 


Acts,  1898.  —  Chaps.  483,  484.  441 


An  Act  to  dkkine  the  powers  of  a  special  district  police  (JJi(i^j,4.Q^ 

OFFICER. 

Bo  it  omcted,  efc.^  as  follows: 

Section  1.  Section  two  of  chapter  three  hundred  and  1895,310  §2, 
ten  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
five  is  hereby  amended  by  striking  out  all  of  said  section 
after  the  word  "  chapter",  in  the  fourth  line,  and  insert- 
ing in  place  thereof  the  words: — two  hundred  and 
seventy  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-two,  chapter  three  hundred  and  nine  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-nine  and  chapter 
three  lunidred  and  eighteen  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-two,  and  of  acts  in  amendment 
thereof;  and  shall  under  the  direction  of  said  board 
enforce  the  provisions  of  said  acts  for  the  protection 
of  infants,  —  so  as  to  read  as  follows  :  —  Section  2.     Such  Powers  of 

•     \       ^•    J     •    1  T  rd  Till  1  •         special  district 

sjiecial  district  police  omcer  snail  nave  and  exercise  police  officer. 
throughout  the  Commonwealth  all  the  powers  of  a  dis- 
trict police  officer  in  all  cases  arising  under  the  provi- 
sions of  chapter  two  hundred  and  seventy  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-two,  chapter 
throe  hundred  and  nine  of  the  acts  of  the  year  eighteen 
liundred  and  eighty-nine  and  chapter  three  hundred  and 
eighteen  of  the  acts  of  the  year  eighteen  hundred  and 
niii(>ty-two,  and  of  acts  in  amendment  thereof;  and  shall 
under  the  direction  of  said  board  enforce  the  provisions 
of  said  acts  for  the  protection  of  infants. 

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

Approved  June  2,  1898. 

An  Act  to  autuorize  the  holyhood  cemetery  association  to  Qjinqj  484 

HOLT)  and  convey  CERTAIN  KEAL  ESTATE. 

Bp  it  enacted,  etc.,  as  folloics : 

The  deed  of  land  to  the  Holyhood  Cemetery  Associa-  Hoiyhood 
tion,  from  Eneas  Smith,  dated  the  first  day  of  April  in  ciauonmay 
the  year  eighteen  hundred  and  seventy -two,  and  recorded  Jertah?  re^li"^*'^ 
with  Norfolk  registry  of  deeds  in  Ijook  four  hundred  and  ''^^'''''• 
twenty-one,  folio  two  liundred  and  thirty-eight ;  and  also 
the  deed  of  land  to  Holyhood  Cemetery  Association  from 
Joseph  ^I.  Finotti,  dated  the  first  day  of  March  in  the 
yeiir  eighteen   hundred   and   seventy-two,   and   recorded 
with  Norfolk  registry  of  deeds  in  book  four  hundred  and 


442 


Acts,  1898.  — Chaps.  485,  48(3. 


twenty-one,  folio  fifty-three,  shall  not  be  deemed  invalid 
because  the  corporate  powers  of  said  Holyhood  Ceme- 
tery Association  did  not  authorize  it  to  receive  or  hold 
said  land.  And  the  corporate  powers  of  said  Holyhood 
Cemetery  Association  are  hereby  so  far  enlarged  as  to 
authorize  it  to  hold  and  convey  said  land. 

Apjyroved  June  2,  1898. 


ChapA85 


p.  S.  75,  §  6, 
amended. 


Limited  part- 
nership, copy 
of  certificate  to 
be  published. 


AflBdavit  to  be 
Hied  with  sec- 
retary of  the 
Commonwealth. 


An  Act  relative  to  limited  partnerships. 
Be  it  enacted,  etc.,  as  foUoios : 

Section  six  of  chapter  seventy-five  of  the  Public  Stat- 
utes is  hereby  amended  by  adding  at  the  end  thereof  the 
words  :  — Within  sixty  da3^s  after  the  filing  of  said  cer- 
tificate an  afiidavit  of  one  of  said  partners  setting  forth 
the  newspaper  in  which  and  the  dates  upon  which  the 
copy  of  said  certificate  was  published  shall  be  filed  in  the 
office  of  the  secretary  of  the  Commonwealth  and  recorded 
as  provided  in  the  preceding  section,  —  so  as  to  read  as 
follows:  —  Section  6.  A  copy  of  such  certificate  shall, 
immediately  after  such  filing,  be  published  once  a  week 
for  six  successive  weeks  in  a  newspaper  published  in  the 
county  where  the  principal  place  of  business  of  the  part- 
nership is  situated,  or,  if  no  such  paper  is  there  pub- 
lished, then  in  a  newspaper  published  in  the  city  of 
Boston.  Within  sixty  days  after  the  filing  of  said  cer- 
tificate an  affidavit  of  one  of  said  partners  setting  forth 
the  newspaper  in  which  and  the  dates  upon  which  the 
copy  of  said  certificate  was  published  shall  be  filed  in  the 
office  of  the  secretary  of  the  Commonwealth  and  recorded 
as  provided  in  the  preceding  section. 

Approved  June  2,  1898. 


ChapAm 


p.  S.103,  f  7, 
amended. 


Licensing  of 
private  detec- 
tives. 


An  Act  relative  to  the  licensing  of  private  detectives. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  one  hundred  and 
three  of  the  Public  Statutes  is  hereby  amended  by  strik- 
ing out  the  words  "  police  commissioners  of",  in  the  first 
lino,  and  inserting  in  place  thereof  the  words:  —  board 
of  police  for,  —  and  by  striking  out  the  word  "  twenty  ", 
in  the  second  line,  and  inserting  in  place  thereof  the  word  : 
—  twelve,  —  so  a(*  to  read  as  follows  :  —  Section  7.  The 
board  of  police  for  the  city  of  Boston,  and  the  mayor  and 


I 


Acts,  1898.  —  Chaps.  487,  488.  443 

aldermen  of  a  city  of  twelve  thousand  inhabitants  or  up- 
wards, may  license  any  citizen  of  their  respective  cities 
to  act  as  a  private  detective,  for  the  detection,  preven- 
tion, and  punishment  of  crime,  for  the  term  of  one  year, 
unless  his  license  is  sooner  revoked  for  cause.  The  fee 
for  such  license  shall  be  ten  dollars,  to  be  paid  into  the 
city  treasury ;  and  each  person  so  licensed  shall  give  to 
the  city  treasurer  a  bond  with  two  sureties,  approved  by 
the  board  o-ivinir  such  license,  in  the  sum  of  three  thou- 
sand dollars,  with  condition  for  the  proper  discharge  of 
the  services  which  he  may  perform  by  virtue  of  such 
license  ;  but  nothing  herein  contained  shall  be  construed 
to  confer  on  a  person  so  licensed  any  of  the  power  or 
authority  of  constables  or  police  officers. 

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

Approved  June  5,  1898. 

An  Act  kelative  to  libels  for  divorce.  GhdV  487 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  ten  of  chapter  one  hundred  and  Ttc^^m'^ndld. 
forty-six  of  the  Public  Statutes,  as  amended  by  chapter 
three  hundred  and  seventy  of  the  acts  of  the  year  eight- 
een hundred  and  ninety,  is  hereby  amended  by  striking 
out  the  words  ' '  and  where  the  adverse  party  does  not 
appear,  oris  defaulted",  in  the  sixth  and  seventh  lines, 
and  l\y  striking  out  the  words  "in  the  discretion  of  the 
court  be  allowed  to  ",  in  the  eighth  and  ninth  lines,  so  as 
to  read  as  follows:  —  Section  10.  When  the  adverse  Libeis for 
party  does  not  appear,  and  the  notice  of  the  pendency  '^°'''^®- 
of  the  libel  is  considered  by  the  court  to  be  defective  or 
insufficient,  it  may  order  such  further  notice  as  it  may 
consider  proper.  In  all  libels  for  divorce  where  the 
cause  alleged  is  adultery,  the  person  alleged  to  be  par- 
tice]is  criminis  with  the  libellee  may  appear  and  contest 
the  libel. 

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

Approved  June  2,  1898. 

An  Act  relative  to  practice  in  municipal,  police  and  dis-  (J],nj)  4gg 

TRICT  COURTS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Section  one  of  chapter  four  hundred  and  ^^^eij^^d^^  ^' 
thirty-one  of  the  acts  of  the  year  eighteen  hundred  and 


444  Acts,  1898.  — Chap.  489. 

ninety-seven  is  hereby  amended  by  striking  out  the 
words  "but  no  such  business  shall  be  transacted  on 
Sunday,  except  only  such  business  as  shall,  in  the 
opinion  of  tlie  justice  of  the  court  to  whom  applica- 
tion may  be  made,  be  of  pressing  necessity ",  and  by 
inserting  in  place  thereof  the  words  :  —  except  as  pro- 
vided by  section  four  of  chapter  one  hundred  and  sixty 
of  the  Public  Statutes  and  by  acts  in  amendment  thereof 
and  in  addition  thereto,  —  and  by  adding  at  the  end 
thereof  the  words  :  —  except  when  a  legal  holiday  oc- 
curs on  Friday,  and  then  at  ten  o'clock  in  the  forenoon 
of  the  previous  day,  and  except  as  hereinafter  specially 
provided,  to  wit :  —  Said  courts  may,  in  proceedings 
brought  under  chapter  one  hundred  and  seventy-five  of 
the  Public  Statutes,  establish  by  rule  the  time  for  the 
entry  of  judgments,  when  said  proceedings  are  ripe 
therefor,  and  said  courts  may  at  any  time  in  any  case 
ripe  for  judgment,  upon  notice  and  motion,  order  judg- 
Traneaction of  mcut  to  be  entered,  —  so  as  to  read  as  follows: — 8ec- 
cLrt'aiu'co"uru,'°  twii  1.  The  municipal,  police  and  district  courts  of  the 
^^^-  Commonwealth  shall  always  be  open  for  the  transaction 

of  civil  business,  except  as  provided  by  section  four  of 
chapter  one  hundred  and  sixty  of  the  Public  Statutes  and 
by  acts  in  amendment  thereof  and  in  addition  thereto. 
The  time  for  the  entry  of  judgment  in  all  civil  actions 
and  proceedings  ripe  for  judgment  in  said  courts  respec- 
tively shall  be  ten  o'clock  in  the  forenoon  on  Friday  of 
each  week,  except  when  a  legal  holiday  occurs  on  Friday, 
and  then  at  ten  o'clock  in  the  forenoon  of  the  previous 
day,  and  except  as  hereinafter  specially  provided,  to  wit : 
—  Said  courts  may,  in  proceedings  brought  under  chapter 
one  hundred  and  seventy-five  of  the  Pul)lic  Statutes,  es- 
tablish by  rule  the  time  for  the  entry  of  judgments,  when 
said  proceedings  are  ripe  therefor,  and  said  courts  may 
at  any  time  in  any  case  ripe  for  judgment,  upon  notice 
and  motion,  order  judgment  to  be  entered. 

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

Approved  June  2,  1S98. 

ChClT)  489  ^^     "^^^    RELATIVE     TO     THE     ISSUING     OF     EXECUTIONS     IN     SUITS 
FOUNDED    ON    A    JUDGMENT    PREVIOUSLY    RENDERED. 

Be  it  enacted^  etc.,  asfolloivs: 

tafn'ex^cuuons.  Whcu  a  judgment  from  which  no  appeal  has  been 
taken  has  been  rendered  for  the  jilaintiff  by  the  supreme 
judicial  court,  the  superior  court  or  by  any  municipal, 


Acts,  1898.  — Chaps.  490,  491.  445 

police  or  district  court  or  trial  justice  in  this  Common- 
wealth, in  a  suit  founded  on  a  judgment  previously  ren- 
dered by  any  of  the  aforesaid  courts  or  by  a  trial  justice,  ' 
execution  shall  issue  for  the  plaintiff  in  the  manner  now 
provided  by  law  in  civil  actions,  upon  his  filing  with  the 
clerk  of  the  court  or  the  trial  justice  rendering  the  judg- 
ment in  the  latter  suit,  a  transcript  of  the  record  of  the 
judgment  in  the  former  suit,  under  the  seal  of  the  court 
or  juvStice  rendering  the  same,  attested  by  the  clerk  of 
such  court  or  by  such  justice  :  provided,  that  this  section 
shall  not  apply  to  cases  where  both  judgments  were  ren- 
dered by  the  same  court  or  justice. 

Approved  June  2,  1898. 


ChapA90 


An  Act  relative  to  the  abuse  of  corporate  powers. 
Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     Section  one  hundred  and  twenty-nine  of  p-s.st  §129, 

,  _,  •       1  1        amended. 

chapter  twenty-seven  01  the  i^ublic  statutes  is  hereby 
amended  by  striking  out  the  whole  of  said  section  and 
inserting  in  place  thereof  the  following  :  —  /Section  129.  ^''"f^  "^  ^°''- 

O    ,       i  ,  o  porate  powers 

When  a  city  or  town  or  any  of  its  officers  or  agents  are  '^y  "ties  and 

■  towns. 

about  to  raise  or  expend  money  or  incur  obligations  pur- 
porting to  bind  said  city  or  town  for  any  purpose  or  ob- 
ject or  in  any  manner  other  than  those  for  and  in  which 
such  city  or  town  has  the  legal  and  constitutional  right 
and  power  to  raise  or  expend  money  or  incur  obligations 
the  supreme  judicial  court  or  the  superior  court  may, 
upon  the  suit  or  petition  of  not  less  than  ten  taxable 
inha))itants  thereof,  briefly  setting  forth  the  cause  of 
complaint,  hear  and  determine  the  same  in  equity.  Any 
justice  of  either  of  said  courts  may  in  term  time  or  vaca- 
tion issue  injunctions  and  make  such  orders  and  decrees 
as  may  l)e  necessary  or  proper  to  restrain  or  prevent  a 
violation  or  alnise  of  such  legal  right  and  power  of  such 
city  or  town,  before  the  final  determination  of  the  cause 
by  said  court. 

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

Approved  June  2,  1898. 

An  Act  relative  to  the  stations  of  the  new  England  rail-  (^jjfjy.  AC)-\ 

ROAD   COMPANY   IN   THE   TOWN   OF    NORWOOD.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  eleven  of  the  1891,211,  re- 
acts of  the  year  eighteen  hundred  and  ninety-one,  being  p®^®  •*'^- 


446 


Acts,  1808.  —  Chaps.  492,  493. 


"  An  Act  in  relation  to  certain  stations  of  the  New  York 
and  New  England  Railroad  in  Norwood  ",  is  hereby  re- 
pealed, and  all  orders  of  the  board  of  railroad  commis- 
sioners thereunder  are  hereby  annulled. 

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

Approved  June  2, 1898. 


C/i«7?.492  ^^  ^^"^  MAKING  AN  APPROPRIATION  FOR  CURRENT  EXPENSES  AT 
THE  MASSACHUSETTS  HOSPITAL  FOR  CONSUMPTIVES  AND  TUBER- 
CULAR PATIENTS. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  A  sum  not  exceeding  twenty  thousand 
dollars  is  hereby  appropriated,  to  be  paid  out  of  the 
treasury  of  the  Commonwealth  from  the  ordinary  reve- 
nue, for  the  purpose  of  meeting  the  current  expenses  at 
the  Massachusetts  hospital  for  consumptives  and  tuber- 
cular patients  during  the  year  ending  on  the  thirty-first 
day  of  December  in  the  year  eighteen  hundred  and 
ninety-eight. 

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

xipproved  June  2,  1898, 


Massachusetts 
hospital  for 
consuinptives 
and  tubercular 
patients. 


Certain  free 
state  scholar- 
ships may  be 
divided,  etc. 


ChCipAQS  ^^  ^^^  RELATIVE  TO  AWARDING  STATE  SCHOLARSHIPS  IN  THE  MAS- 
SACHUSETTS INSTITUTE  OF  TECHNOLOGY  AND  IN  THE  WORCESTER 
POLYTECHNIC   INSTITUTE. 

Be  it  enacted,  etc,  as  folloivs : 

Section  1.  The  state  board  of  education  may  in  its 
discretion  award  that  any  free  scholarship  which  either 
the  IMassachusetts  Institute  of  Technology  or  the  Worces- 
ter Polytechnic  Institute  is  required  to  maintain  under 
the  provisions,  respectiveh^  of  chapters  three  hundred 
and  ten  and  four  hundred  and  seven  of  the  acts  of  tlie 
year  eighteen  hundred  and  ninety-six,  shall  be  divided 
between  two  pupils.  The  scholarships  so  divided  shall 
be  called  half  scholarships ;  and  neither  of  said  institu- 
tions shall  require  from  any  pupil  to  whom  a  half  scholar- 
ship has  been  awarded  payment  of  more  than  one  half 
of  the  regular  charge  or  fee  for  tuition  paid  by  pupils 
not  holding  scholarsliips. 

Section  2.     This  act  shall  take  c fleet  upon  its  passage. 

Approced  June  2,  1898. 


Acts,  1898,  — Chai>.  i9i.  447 

An  Act  to  regulate  the  employment  of  labor.  Ohnn  494 

Be  it  enacted^  etc.,  asfollotos: 

Section  1.    No  child  under  fourteen  years  of  age  shall  ^/X^Ir'^n"' 
be  employed  in  any  factory,  workshop  or  mercantile  es-  under  fourteen 
tablishment.     No  such  child  shall  be  employed  in  any  regulated. 
work  performed   for   wages  or  other  compensation,   to 
whomsoever  payable,  during  the  hours  when  the  public 
schools  of  the  town  or  city  in  which  he  resides  are  in 
session,  nor  be  employed  at  any  work  before  the  hour 
of  six  o'clock  in  the  morning  or  after  the  hour  of  seven 
o'clock  in  the  evening. 


Section  2.     No  child  under  sixteen  years  of  age  shall  Employment 

-,    .  „  ,      ,  ^  ~  .,  children  und< 


of 


nder 


be  employed  in  any  factory,  workshop  or  mercantile  es-  sixteen  years  of 
tablishment  unless  the  person  or  corporation  employing  ^^'^  ^^^^ 
him  procures  and  keeps  on  file  and  accessible  to  the 
truant  officers  of  the  town  or  city,  and  to  the  district 
police  and  inspectors  of  factories,  an  age  and  schooling 
certificate  as  hereinafter  prescribed,  and  keeps  two  com- 
plete lists  of  all  such  children  employed  therein,  one  on 
file  and  one  conspicuously  posted  near  the  principal  en- 
trance of  the  building  in  which  such  children  are  em- 
ployed, and  also  keeps  on  file  a  complete  list,  and  sends 
to  the  superintendent  of  schools,  or,  where  there  is  no 
superintendent,  to  the  school  committee,  the  names  of 
all  minors  employed  therein  who  cannot  read  at  sight  and 
write  legibly  simple  sentences  in  the  English  language. 

Section  3.  An  age  and  schooling  certificate  shall  be  Approval  of 
approved  only  by  the  superintendent  of  schools  or  by  a  fn| certificate.' 
person  authorized  by  him  in  writing,  or,  where  there  is 
no  superintendent  of  schools,  by  a  person  authorized  by 
the  school  committee  :  provided,  that  no  member  of  a 
school  committee  or  other  person  authorized  as  aforesaid 
shall  have  authority  to  approve  such  certificate  for  any 
chikl  then  in  or  about  to  enter  his  own  employment,  or 
the  emj^loyment  of  a  firm  or  corporation  of  which  he  is  a 
member,  officer  or  employee.  The  person  approving  the 
certificate  shall  have  authority  to  administer  the  oath 
})rovided  for  therein,  but  no  fee  shall  be  charged  therefor. 

Sfxtion  4.     An  age  and  schooling  certificate  shall  not  jp,^'^ "o^^^e  fur- 
be  approved  unless  satisfactory  evidence  is  furnished  by  nished  before 
the  last  school  census,  the  certificate  of  birth  or  ])aptism  approved. 
of  such  child,  the  register  of  birth  of  such  child  with  a 


448  Acts,  1898.  — Chap.  494. 

town  or  city  clerk,  or  in  some  other  manner,  that  such 
child  is  of  the  age  stated  in  the  certificate. 
StMobe^  Section  5.      The  age  and  schooling  certificate  of  a 

filled  out,  etc.     child  Under  sixteen  years  of  as^e  shall  not  l)e  approved 

before  age  and  ,.  ijmi  i  ^         -        i 

schooling  certi-  and  Signed  until  he  presents  to  the  person  authorized  to 

flcate  can  be  I'^i  i  jj-ij  i 

approved.  approvc  and  Sign  the  same  an  employment  ticket  as  here- 

inafter prescribed,  duly  filled  out  and  signed.  A  duj)li- 
cate  of  each  age  and  schoolino;  certificate  shall  be  filled 
out  and  shall  be  kept  on  file  by  the  school  committee. 
Any  explanatory  matter  may  be  printed  with  such  certifi- 
cate in  the  discretion  of  the  school  committee  or  super- 
intendent of  schools.  The  employment  ticket  and  the 
age  and  schooling  certificate  shall  be  separately  printed, 
and  shall  be  filled  out,  signed,  and  held  or  surrendered, 
as  indicated  in  the  following  forms  :  — 

Employment  Ticket,  Laws  op  1898. 

Form  of  era-  When  [name  of  child]  ,  height  [feet  and  inches]  ,  com- 

p  oymen   ic  e  .  p^g^j^^j    [fair  or  dark] ,  hair  [color]  ,  presents   an  age  and 

schooling  certificate  duly  signed,  I  intend  to  emi^loy  [him  or  her] . 

(Signature  of  intending  employer  or  agent.) 
(Town  or  city  and  date.) 

Age  and  Schooling  Certificate,  Laws  of  1898. 

^°H™  h^  '^P  "^^^^  certifies  that  I  am  the  [father,  mother,  guardian  or  custodian] 

certificate.'"^      of  [name  of  child]  ,  and  that  [he  or  she]  Avas  born  at  [name  ot 

town  or  city]  ,  in  the  county  of  [name  of  county,  if  known] 

,  and  state  [or  country]   of  ,  on  the  [day  and  year  of 

birth]  ,  and  is  now  [number  of  years  and  months]  old. 

(Signature  of  father,  mother,  guardian  or  custodian.) 
(Town  or  city  and  date.) 

Then  personally  appeared  before  me  the  above-named  [name  of 
person  signing]  ,  and  made  oath  that  tlie  foregoing  certificate 

by  [him  or  her]  signed  is  true  to  the  best  of  [liis  or  her]  knowledge 
and  belief.  I  hereby  approve  the  foregoing  certificate  of  [name  of 
child]  ,  height   [feet  and  inches]  ,  complexion   [fair  or 

dark],  hair  [color]  ,  having  no  sufficient  reason  to  doubt  that 

[he  or  she]  is  of  tne  age  therein  certified.  1  hereby  certiiy  tliat  [he 
or  she]  [can  or  cannot]  read  at  sight  and  [can  or  cannot]  write 
legibly  simi)le  sentences  in  the  English  language. 

This  certificate  belongs  to  [name  of  child  in  whose  behalf  it  is 
drawn]  ,  and  is  to  be  surrendered  to  [liim  or  her]  whenever 

[he  or  she]  leaves  the  service  of  the  corporation  or  employer  hold- 
ing the  same  ;  but  if  not  claimed  by  said  child  within  thirty  days  from 
such  time  it  shall  be  returned  to  the  superintendent  of  schools,  or, 
where  there  is  no  superintendent  of  schools,  to  the  school  committee. 

(Signature  of  person  authorized  to  approve  and  sign,  with  official 
character  or  authority.) 

(Town  or  city  and  date.) 


Acts,  1S98.  — Chap.  494.  449 

In  the  case  of  a  child  who  cannot  read  at  sight  and  write  legibly 
simple  sentences  in  the  English  langnage  the  certiticate  shall  con- 
tinue as  follows,  after  the  word  "  language"  :  — 

I  hereby  certify  that  [he  or  she]  is  regularly  attending  the  [name] 
public  evening  school.  This  certiticate  shall  continue  in  force 
only  so  long  as  the  regular  attendance  of  said  child  at  the  evening 
school  is  endorsed  weekly  by  a  teacher  thereof 

Sectiox  G.  Whoever  employs  a  child  under  sixteen  renaiues. 
years  of  age,  and  whoever  having  under  his  control  a  child 
under  such  age  permits  such  child  to  be  employed,  in 
violation  of  section  one  or  two  of  this  act,  shall  for  such 
offence  be  lined  not  more  than  hfty  dollars  ;  and  whoever 
continues  to  employ  any  child  in  violation  of  either  of 
said  sections  of  this  act  after  being  notified  by  a  truant 
officer  or  an  inspector  of  factories  thereof,  shall  for  every 
day  thereafter  that  such  employment  continues  be  fined 
not  less  than  five  nor  more  than  twenty  dollars.  A  failure 
to  produce  to  a  truant  officer  or  inspector  of  factories  any 
age  and  schooling  certificate  or  list  required  by  this  act 
sliall  l)e  prima  facie  evidence  of  the  illegal  employment 
of  anv  i)erson  whose  a<;e  and  schoolinij  certificate  is  not 
jiroduced  or  whose  name  is  not  so  listed.  Any  corpora- 
tion or  employer  retaining  any  age  and  schooling  certifi- 
cate in  violation  of  section  five  of  this  act  shall  be  fined 
ten  dollars.  Every  person  authorized  to  sign  the  certifi- 
cate prescribed  l)y  section  five  of  this  act  who  knowingly 
certifies  to  any  materially  false  statement  therein  shall  be 
fined  not  more  than  fifty  dollars. 

Sectiox  7.     Xo  person  shall  employ  anv  minor  over  Employment!  of 

i  :  V'  i         certain  minors 

fourteen  years  of  age,  and  no  i)arent,  guardian  or  custo-  regulated. 
dian  shall  permit  to  be  employed  any  such  minor  under 
ills  control,  who  cannot  read  at  sight  and  write  legibly 
simple  sentences  in  the  English  language,  while  a  public 
evening  school  is  maintained  in  the  town  or  city  in  Avhich 
such  minor  resides,  unless  such  minor  is  a  regular  attend- 
ant at  such  evening  school  or  at  a  day  school :  provided.  Proviso. 
that  upon  presentation  by  such  minor  of  a  certificate 
signed  by  a  regular  practising  physician,  and  satisfactory 
to  the  superintendent  of  schools,  or,  where  there  is  no 
sui)orintendcnt  of  schools,  the  school  committee,  show- 
ing that  the  physical  condition  of  such  minor  would 
render  such  attendance  in  addition  to  daily  labor  preju- 
dicial to  his  health,  said  superintendent  of  schools  or 
school  committee  shall  issue  a  permit  authorizing  the 
emjiioyiiu'iit  of  such  minor  for  such  ])eriod  as  said  super- 
intendent of  schools  or  school  committee  may  determine. 


4:50  Acts,  1898.  —  Chap.  495. 

Said  superintendent  of  schools  or  school  committee,  or 
teachers  acting  under  authority  thereof,  may  excuse  any 
absence  from  such  eveninir  school  arisino;  from  justifiable 

Penalties.  causc.  Any  persou  who  employs  a  minor  in  violation 
of  the  provisions  of  this  section  shall  forfeit  for  each 
oftence  not  more  than  one  hundred  dollars  for  the  use 
of  the  evening  schools  of  such  town  or  city.  Any  parent, 
guardian  or  custodian  who  permits  to  be  employed  any 
minor  under  his  control  in  violation  of  the  })rovisions  of 
this  section  shall  forfeit  not  more  than  twenty  dollars  for 
the  use  of  the  evening  schools  of  such  town  or  city. 

Truant  officers        Section  8.     Truaut  ofiicers  may  visit  the  factories, 

may  visit  iti  •         ^      '  i 

factories, etc.;    workshops  and  mercantile  establishments  in  their  several 

enipioymeurof  towus  and  citics  and  ascertain  whether  any  minors  are 

minors.  employed  therein  contrary  to  the  provisions  of  this  act, 

and  they  shall  report  any  cases  of  such  illegal  emi)loy- 

ment  to  the  school  committee  and  to  the  chief  of  the 

district  police,  or  to  the  inspector  of  factories  for  the 

tr°nrnt  oTceJ's'^    district.     luspcctors  of  factorics  and  truant  officers  may 

may  i-equiro  the  i-equii'e  that  the  affe  and  schoolins:  certificates  and  lists 

production  of  •ii/.-.i-  j.  i?  -  i  j     '  u 

schooling  ter-    providcd  lor  111  this  act,  or   minors  employed  in  such 
1  caes,  ec.      factories,  woi'kshops  or  mercantile  establishments,  shall 
be  produced  for  their  inspection.     Complaints  for  oftences 
under  this  act  shall  be  brought  by  inspectors  of  facto- 
ries. 
Repeal.  Section    9.     Scctioiis   thii'tceu,    fourteen,    sixteen   to 

twenty-five  inclusive,  sixty-seven,  sixty-nine  and  sev- 
enty of  cha])ter  five  hundred  and  eight  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four,  and  all  other 
acts  and  parts  of  acts  inconsistent  herewith,  are  hereby 
repealed. 
septembefi?  Section  10.  This  act  shall  take  effect  on  the  first  day 
18^^  of  September  in  the  year  eighteen  hundred  and  ninety- 

eight.  Approved  June  2, 1898. 

ChaV.4Q5  ^^  ^^"^  "^^  authorize  the  cities  of  EVERETT  AND  MALDEN  TO 
MAKE  CERTAIN  CONTRACTS  RELATIVE  TO  SEWAGE  DISPOSAL  AND 
WATER  SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 
^ater^Buppiy^       SECTION  1.     The  city  of  Evcrctt  and  the  city  of  Mal- 
sewage  in  cities  den  ai'c  lid'ebv  autliorized  and  empowered  to  enter  into 

of  Everett  and  a  i  '.t  i  .1  ^      .  i 

Maiden.  coutracts  With  cticli  othcr,  upon  such  terms  as  may  ne 

mutually  agreed  upon,  for  the  disposal  of  the  sewage 


Acts,  1898.  — C^iap.  496.  451 

of  the  respective  cities  and  for  the  supplying  of  water 
to  their  inhabitants. 

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

Appi-oved  June  2,  1898. 


ChapA96 


An  Act  relative  to  school  attendance  and  truancy. 
Be  it  enacted^  etc.,  as  follows: 

Section  1.  Every  town  and  city  shall  maintain  for  lusimction 
at  least  thirty-two  weeks  in  the  year  a  sufficient  number  'schools."'"^ 
of  schools  for  the  instruction  of  all  the  children  who 
may  legally  attend  a  public  school  therein.  Such  schools 
shall  be  taught  by  teachers  of  competent  ability  and  good 
morals,  and  shall  give  instruction  in  orthography,  read- 
ing, writing,  the  English  language  and  grammar,  geog- 
raphy, arithmetic,  drawing,  the  history  of  the  United 
States,  physiology  and  hygiene,  including  special  in- 
struction as  to  the  effect  of  alcoholic  drinks  and  of 
stimuhints  and  narcotics  on  the  human  system,  and  good 
behavior.  Bookkeeping,  algebra,  geometry,  one  or  more 
foreign  languages,  the  elements  of  the  natural  sciences, 
kindergarten  training,  manual  training,  agriculture,  sew- 
ing, cooking,  vocal  nnisic,  physical  training,  civil  gov- 
ernment, ethics  and  such  other  subjects  as  the  school 
committee  deem  expedient,  may  be  taught  in  the  public 
schools. 

Skction  2.  Every  city  and  every  town  of  five  hundred  ^^gjf/ehook  "by 
families  or  householders  according  to  the  latest  public  c't'es aud 
census  taken  by  the  authority  either  of  the  Common- 
wealth or  of  the  United  States  shall,  and  any  other 
town  may,  maintain  a  high  school,  adequately  equipped, 
to  be  kept  by  a  })rincipal  and  such  assistants  as  may  be 
needed,  of  competent  ability  and  good  morals,  who  shall 
give  instruction  in  such  subjects  designated  in  section  one 
as  it  may  l)e  deemed  expedient  to  teach  in  the  high  school, 
and  in  such  additional  su))jects  as  may  be  required  for  the 
general  })urpose  of  training  and  culture,  as  well  as  for 
the  special  })uq)ose  of  i)reparing  jnipils  for  admission  to 
state  normal  schools,  technical  schools  and  colleges.  Such 
high  school  shall  maintain  one  or  more  courses  of  study, 
at  least  four  years  in  length,  and  shall  be  kept  for  the 
benefit  of  all  the  inhal)itants  of  the  town  or  city,  forty 
weeks  at  least,  exclusive  of  vacations,  in  each  year.  A 
town  may  if  it  chooses  meet  only  a  portion  of  the  fore- 


452 


Acts,  1898.  — Chap.  49G. 


Tuition  of  chil- 
dren residing  in 
towns  having 
no  high  school, 
etc. 


Proviso.  going  requirements  in  its  own  high    school :   provided, 

that  it  shall  make  adequate  provisions  for  meeting  the 
rest  of  said  requirements  in  the  high  school  of  another 
town  or  any  city. 

Section  3.  Any  town  of  less  than  five  hundred 
families  or  householders  in  which  a  public  high  school 
or  a  school  of  corresponding  grade  is  not  maintained 
shall  pay  for  .the  tuition  of  any  child  who  resides  in  said 
town  and  who  attends  the  high  school  of  another  town 
or  city,  provided  tlie  approval  of  such  attendance  by  the 
school  committee  of  the  town  in  which  the  child  resides 
is  first  obtained.  If  any  town  in  which  a  public  high 
school  or  a  school  of  corresponding  grade  is  not  main- 
tained neglects  or  refuses  to  pay  for  tuition  as  provided 
in  this  section  such  town  shall  l)e  liable  therefor  to  the 
parent  or  guardian  of  the  cliild  furnished  with  such  tui- 
tion, if  the  parent  or  guardian  has  paid  for  the  same, 
and  otherwise  to  the  town  or  city  furnishing  the  same, 
in  an  action  of  contract.  No  member  of  the  school  com- 
mittee of  a  town  in  which  a  public  high  school  or  a  school 
of  corresponding  o:rade  is  not  maintained  shall  refuse  to 
approve  the  attendance  of  any  child  residing  in  such  town 
in  the  high  school  of  some  otJier  town  or  city  if  such  child 
has  completed  the  course  of  instruction  provided  by  the 
former  town,  and,  in  the  opinion  of  the  superintend- 
ent of  schools  or  the  school  committee  of  said  former 
town,  is  properly  qualified  to  enter  such  high  school. 
If  the  school  committee  of  such  town  refuses  to  grant 
such  approval  such  town  shall  be  liable  for  the  tuition 
of  such  child,  in  the  same  manner  and  to  the  same  ex- 
tent as  if  the  parent  or  guardian  of  such  child  had  ob- 
Transportaiion  taincd  the  approval  of  the  school  committee.  Any  town 
not  maintaining  a  pul)lic  high  school  or  a  school  of  cor- 
responding grade,  but  affording  high  school  instruction 
by  sending  pupils  to  other  towns,  may  pay  the  necessary 
Certain  towns  transportation  expenses  of  such  ])upils.  Any  town  the 
burned  from  the  valuatiou  of  wliich  docs  not  exceed  five  hundred  tiiousand 
Common-"^**'''  dollars  shall  be  entitled  to  receive  from  the  treasury  of 
wealth.  ^i^g  Commonwealth  all  necessary  sums  which  have  i)een 

actually  expended  for  high  school  tuition  under  the  pro- 
visions of  this  section,  provided  such  expenditure  shall 
be  certified  under  oath  to  the  state  board  of  education 
by  the  school  committee  of  such  town  within  thirty  days 
from  the  date  of  such  expenditure,  and  provided  such 


Acts,  1898.  — Chap.  49G.  453 

high  school  shall  have  been  approved  by  the  stato  board 
of  education. 

Section  4.     Every  town  and  city  of  twenty  thousand  Mammi  tniining 

.     II'  in  •  •  />!!•         to  be  taught  lu 

or  more  nihabitants   shall  manitain  as  part  ot  both  its  certain  cities 
elenient:ir\-  and  its  hiixh  school  system  the  teaching  of 
manual  traininir. 

Section  5.  Any  town  or  city  may,  and  every  town  and  ;^venh?r«"'iK^^^^ 
city  of  ten  thousand  or  more  inhabitants  shall,  maintain  by  cities  and 
annually  evening  schools  tor  the  instruction  or  persons 
over  fourteen  years  of  age,  in  orthography,  reading, 
writing,  the  English  language  and  grammar,  geography, 
arithmetic,  industrial  drawing,  both  free-hand  and  me- 
chanical, the  history  of  the  United  States,  physiology 
and  hygiene  and  good  behavior.  Such  other  subjects 
may  be  taught  in  such  schools  as  the  school  committee 
deem  expedient. 

Section  G.     Every  city  of  fifty  thousand  or  more  in-  Eveniughigh 
habitants  shall  maintain  annually  an  evening  high  school,  maintained  by 
in  which  shall  be  taught  such  subjects  as  the  school  com-  '=«"-t»'" "f**^"- 
mittee  thereof  deem  expedient,  whenever  fifty  or  more 
residents  fourteen  years  of  age  or  over  who  are  compe- 
tent in  the  opinion  of  the  school  committee  to  pursue 
high  school  studies  shall  petition  in  writing  for  an  even- 
ing high  school,  and  certify  that  they  desire  to  attend 
such  school.     The  committee  shall  determine  the  number 
of  weeks  in  each  year  and  the  hours  of  the  evening  during 
which  such  schools  shall  be  kept. 

Section  7.  Every  child  shall  have  the  right  to  attend  ^/fi'lolttend 
the  public  schools  in  the  town  or  city  in  which  his  parent  p"^^"*^  schools. 
or  guardian  has  a  legal  residence,  or  in  which  the  child 
himself  actually  resides,  subject  to  such  reasonaljle  regu- 
lations as  to  the  numbers  and  qualifications  of  pupils  to 
be  admitted  to  the  respective  schools,  and  as  to  other 
school  matters,  as  the  school  committee  shall  from  time 
to  time  prescribe.  No  child  shall  l)e  excluded  from  a 
public  school  of  any  town  or  city  on  account  of  race, 
color  or  religion. 

Section  8.  AMien  a  child  for  the  sole  purpose  of  fj'ifi'"„oV°'^ 
attending:  school  there  resides  in  a  town  or  city  other  renaiuchii- 
than  tliat  of  the  legal  residence  of  his  parent  or  guardian, 
the  j)arent  or  guardian  of  such  child  shall  be  liable  to 
pay  said  town  or  city  for  the  tuition  of  such  child  while 
attending  school  in  said  town  or  city  a  sum  equal  to  the 
average  expense  of  such  school  per  pupil  during  the  year 


454  Acts,  1898.  — CrtAP.  496. 

PaymeDtfor  uext  preceding,  for  a  period  equal  to  the  time  during 
tain  chiidi^em'  wliicli  the  child  so  attends,  unless  the  town  or  city  where 
the  parent  or  guardian  resides  is  required  by  section  three 
of  this  act  to  pay  for  said  tuition.  For  the  tuition  in  the 
public  schools  in  any  town  or  city  of  any  child  between 
the  ages  of  five  and  fifteen  years  who  shall  be  placed  else- 
Avherc  than  in  his  own  home  by  the  state  board  of  lunacy 
and  charity,  or  ])y  the  trustees  of  the  Lyman  and  indus- 
trial schools,  or  kept  under  the  control  of  either  of  said 
boards  in  said  town  or  city,  the  Commonwealth  shall  pay 
to  said  town  or  city,  and  for  such  tuition  of  any  such 
child  so  placed  l)y  the  trustees  for  children  of  the  city 
of  Boston,  or  so  kept  under  the  control  of  said  trustees, 
the  city  of  Boston  from  its  appropriation  for  school  pur- 
poses shall  pay  to  said  town  or  city  the  sum  of  fifty 
cents  for  each  week  of  five  days,  or  major  part  thereof, 
of  attendance  of  every  such  child  in  the  pul)lic  schools. 
For  the  transportation  to  and  from  a  public  school  of 
any  child  whose  tuition  is  paj^able  by  the  Commonwealth 
or  by  the  city  of  Boston  under  the  provisions  of  this  sec- 
tion the  Connnonwealth  or  the  city  of  Boston,  as  the  case 
may  be,  shall  ])ay  to  the  town  or  city  furnishing  such 
transportation,  for  each  week  of  five  days  or  major  part 
thereof,  a  sum  equal  to  the  average  amount  per  child  paid 
by  said  town  or  city  per  week  for  the  transportation  of 
children  to  and  from  school  over  the  route  by  which  such 
child  is  conveyed.  Settlements  of  the  accounts  of  the 
several  towns  and  cities  with  the  Commonwealth  and 
with  the  city  of  Boston  under  this  act  shall  be  made 
annually  on  the  first  day  of  April,  and  the  amounts 
found  due  shall  ])e  j)aid  within  three  months  thereafter. 
The  money  received  by  said  towns  and  cities  under  the 
provisions  of  this  section  shall  be  applied  to  the  support 
of  schools.  For  the  tuition  in  the  pu])lic  schools  in  any 
town  of  less  than  ten  thousand  inhal>itants  of  any  child 
between  the  ages  of  five  and  fifteen  years  not  theretofore 
resident  in  such  town,  who  is  an  inmate  of  an  institution 
containing  more  than  six  inmates,  said  town  may  recover 
from  said  institution  the  extra  school  expense  incurred, 
as  may  be  determined  jointly  by  the  school  committee 
of  said  town  and  the  trustees  or  managers  of  said  insti- 
tution, or,  in  case  of  disagreement  between  said  school 
committee  and  said  trustees  or  managers,  as  may  be 
proviHo.  decreed  by  the  probate  court :  j)rovided,  that  no  demand 


Acts,  1898.  — Chap.  496.  455 

shall  be  made  upon  said  trustees  or  managers  without  a 
special  vote  of  the  town  instructinjT;:  the  school  committee 
to  that  ollcct. 

Skction  it.  The  ])arcnt,  ijuardiavi  or  custodian  of  any  Exclusion  of 
child  who  is  refused  admission  to  or  excluded  from  the  schooTJ! 
))ul)lic  schools  shall  on  application  therefor  be  furnished 
by  the  school  committee  with  a  statement  in  writing  of 
the  grounds  and  reasons  for  the  exclusion  ;  and  after  a 
statement  has  been  so  furnished  a  child  thus  refused  ad- 
mission to  or  excluded  from  said  schools  may,  by  his 
guardian  or  next  friend,  bring  an  action  of  tort  and  re- 
cover damages  for  any  unlawful  exclusion,  against  said 
town  or  city,  and  may  by  interrogatories  filed  in  the  case 
examine  any  mem])er  of  the  school  committee  or  any 
other  otiicer  of  the  defendant  town  or  city,  as  if  he  were 
a  party  to  the  suit. 

Section  10.    Anv  child,  with  the  consent  first  obtained  Attendance  in 

!>     1  1  1  •  »     1  •         •  1   •    1  town  or  city 

of  the  school  committee  ot  the  town  or  city  in  which  such  other  than  that 
child  resides,  may  attend,  at  the  expense  of  said  town  or 
city,  the  public  schools  of  another  town  or  city,  upon 
such  terms  as  may  be  satisfactory  to  the  school  com- 
mittees of  the  towns  or  cities  in  interest. 

Section   11.     No   child  who  has  not  been  duly  vac- certain  chu- 
cinated  shall  be  admitted  to  a  public  school  except  upon  adnrntedtopuh. 
presentation  of  a  certificate  signed  by  a  regular  practis-  vacdmTJd.""''' 
ing  ])hysician  that  such  child  is  an  unfit  subject  for  vac- 
cination.    No  child  who  is  a  member  of  a  household  in  Attendance  of 
which  a  person  is  sick  with  smallpox,  diphtheria,  scarlet  posed^To  conta- 
fever  or  measles,  or  of  a  household  exposed  to  contagion  feguiated?**^ 
from  a  household  as  aforesaid,  shall  attend  any  public 
school  during  such  sickness  or  until  the  teacher  of  the 
school   has    been    furnished   with   a  certificate    from    the 
board  of  health  of  the  town  or  city,  or  from  the  attend- 
ing physician  of  such  sick  person,  stating  in  a  case  of 
smallpox,  diphtheria  or  scarlet  fev^er,  that  a  period  of 
at  least  two  weeks,  and  in  a  case  of  measles  a  period 
of  at  least  three  days,  has  ela])sed  since  the  recovery, 
removal  or  death  of  such  person,  and  that  danger  of  the 
conveying  of  such  disease  by  such  child  has  passed. 

Section  \'2.     Every  child  between  seven  and  fourteen  cenain children 
years  of  age  shall  attend  some  public  day  school  in  the  attend'schooi. 
town  or  city  in  which  he  resides  during  the  entire  time 
the  ])ublic  day  schools  are  in  session,  subject  to  such  ex- 
ceptions as  to  children,  i)laces  of  attendance  and  schools 


45G 


Acts,  1898.  — Chap.  49G. 


ProvlsoB. 


as  are  provided  for  in  sections  three,  seven,  ten  and 
eleven  of  this  act  :  provided,  that  the  superintendent  of 
schools  or,  where  there  is  no  superintendent  of  schools, 
the  school  committee,  or  teachers  acting  under  authority 
of  said  superintendent  of  schools  or  school  committee, 
may  excuse  cases  of  necessary  a])sence  :  and  provided, 
farther,  that  the  attendance  of  a  child  ui)on  a  i)ul)lic  day 
school  shall  not  be  retjuired  if  such  child  has  attended 
for  a  like  period  of  time  a  private  day  school  approved 
by  the  school  committee  of  such  town  or  city  in  accord- 
ance with  section  two  of  chapter  four  hundred  and  ninety- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four,  or  if  such  child  has  been  otherwise  instructed  for 
a  like  period  of  time  in  the  branches  of  learning  retpiired 
by  law  to  be  taught  in  the  public  schools,  or  has  already 
acquired  the  branches  of  learning  required  by  law  to  be 
taught  in  the  public  schools,  or  if  his  physical  or  mental 
condition  is  such  as  to  render  such  attendance  inexpedient 
or  impracticable.  Every  person  having  under  his  con- 
trol a  child  as  described  in  this  section  shall  cause  such 
child  to  attend  school  as  required  l)y  this  section. 

Section  18.     The  state  board  of  education  shall  pre- 
scribe the  form  of  census  required  by  section  sixteen  of 
this  act,  of  registers  to  be  kept  in  the  public  schools,  and 
of  returns  to  be  made  by  school  committees  ;  shall  annu- 
ally on  or  before  the  third  Wednesday  in  January  lay 
before  the  legislature  a  rej)ort  containing  a  printed  ab- 
stract of  said  returns  and  a  detailed  report  of  the  doings 
of  the  board,  with  such  observations  upon  the  condition 
and  efficiency  of  the  system  of  popular  education  and 
such  suggestions  in  regard  to  the  most  practical)le  means 
of  improving  and  extending  it,  as  the  board  may  sec  lit 
to  make. 
beTent'tose'c-"       SECTION  14.     The  Secretary  of  the  state  board  of  edu- 
retary  of  school  catlou  sliall  scud  forms  for  the  census,  the  school  reg- 
each  city  and      istcrs   for  public   scliools,  fomis   for  the   returns  to   be 
own.et.  made   ])y  school   committees,  the  annual  re})()rt    of  the 

board,  and  his  own  annual  re])ort,  as  soon  as  may  be 
after  they  are  ready  for  distribution,  to  the  secretary 
of  the  school  committee  of  each  town  and  city,  and  it 
shall  l)e  the  duty  of  such  secretary  on  recei[)t  thereof  to 
deliver  the  same  to  the  several  persons  charged  with  the 
duties  in  connection  therewith,  and  to  send  to  the  secre- 
tary of  the  state  Ijoard  of  education  a  list  of  the  private 


State  board  of 
educatiou  to 
pieocribe  cer- 
tain forma;  to 
report  to  legis- 
Uturc. 


Acts,  1898. —  Chap.  496.  457 

schools  in  the  town  or  city,  together  with  the  names  of 
the  principals  of  such  schools. 

Skction  15.     The  secretary  of  every  school  committee  in  case  of  faii- 
who  fails  to  rocoivo,  on  or  before  the  fifth  day  of  April,  iiran^k/a^eci-r 
Mank  forms  of  in(]uiry  for  school  returns  shall  forthwith  iToardofeduca- 
notify   the    secretary    of  the    state    board    of  education  "^j|g°j"-' 
thereof,  who    shall   thereu})on    transmit    such    forms   to 
the  secretary  aforesaid. 

Skctiox  K).     The  school  committees  of  all  towns  and  ^s'^'J*',"*  °f  , 

...  .  children  to  lie 

Cities  shall  annually  asccrtiiin  and  record  the  names,  ages  taken  annually. 
and  such  other  information  as  may  be  designateti  by  the 
state  board  of  education,  of  all  persons  between  five  and 
fifteen  years  of  age,  and  of  all  minors  over  fourteen  years 
of  age  Avho  cannot  read  at  sight  and  write  legibly  simple 
sentences  in  the  English  language,  residing  in  their  re- 
spective towns  and  cities  on  the  first  day  of  September, 
and  such  record  shall  be  completed  on  or  before  the  first 
day  of  Oct()])er.     The  first  census  under  the  provisions 
of  this  section  shall  be  taken  in  the  3'ear  eighteen  hun- 
dred and  ninety-nine.     Whoever  has  under  his  control  ^^^^}^^JP^ 
a  minor  over  five  years  of  age  and  withholds  information  information, 
in  his  })ossession  sought  by  a  school  committee  or  its  '"^' 
agents  relating  to  the  items  required  to  be  ascertained 
by  this  section,  or  falsifies  in  regard  to  the  same,  shall 
forfeit  and  pay  a  fine  of  not  more  than  fifty  dollars. 

Section  17.     The  chairman  and  the  secretary  of  each  certificate  of 
school  committee  shall  annually  on  or  before  the  last  day  "hijdren  of 
of  Ai^ril  transmit  to  the  secretary  of  the  state  board  of  each°cit7tnd 
education  a  certificate  filled  out,  sisfned  and  sworn  to  bv  !°"'° '*?.!'^ . 

^.~  ''    transmitteu  to 

them  as  follows  :  —  AVe,  the  chairman  and  the  secretary  secretary  of 
of  the  school  committee  of  hereby  certify  that  education. 

on  the  first  day  of  next  preceding  the  date  of 

this  certificate,  there   were    residing   in    said   town   (or 
city)  the  number  of  persons    l)etween  the  ages 

of  five  and  fifteen  years,  and   the   number   of 
persons  between  the  ages  of  seven  and  fourteen  years. 

We  further  certify  that  said  town  (or  city)  raised  the  Amount  raised 
sum  of  dollars  for  the  support  of  the  public  schools  nubu^c^s^hoois 

for  the  preceding  year,  including  only  the  wages  and  iugyear'','Itc!'^' 
board  of  teachers,  the  transportation  of  children,  fuel 
for  said  schools,  and  the  care  of  fires  and  schoolrooms ; 
and  maintained  during  said  year  each  of  the  schools  re- 
(juircd  to  be  kept  by  section  one  of  the  act  relative  to 
school  attendance  and  truancy  for  a  period  of  not  less 


m 


Acts,  1898.  — Chap.  496. 


School  regis- 
ters. 


Return  of  diiilj' 
attendance  to 
be  niadi!  to  the 
school  commit- 
tee, etc. 


than  thirty-two  weeks ;  and  we  further  certify  that  said 
town  (or  city)  maintained  during  said  year  school 

recjuired  by  section  two  of  said  act,  for  a  period  of 
months  and  days. 

Chairman, 
Secretary, 
of  the  school  committee. 

On  this  day  of  personally  appeared  the 

chairman  and  the  secretary  (above-named)  of  the  school 
committee  of  ,  and  made  oath  that  the  above  cer- 

tificate by  them  subscribed  is  true. 
Before  me, 

J^istice  of  the  Peace. 

Section  18.  School  committees  shall  cause  the  school 
reo:isters  to  be  faithfully  kept  in  all  the  public  schools  of 
their  respective  towns  and  cities,  and  shall  annually,  on 
or  before  the  last  day  of  April,  make  returns  on  the  afore- 
said forms  of  inquiry  to  the  secretary  of  the  state  board 
of  education  ;  and  school  committees  of  towns  shall  specify 
in  said  returns  the  purposes  to  which  the  money  received 
by  their  respective  towns  from  the  income  of  the  school 
fund  has  l)een  appropriated  ;  in  such  returns  twenty  days 
or  forty  half  days  of  actual  session  shall  be  counted  as 
one  month. 

Section  19.  The  several  school  teachers  shall  faith- 
fully keep  the  registers  of  attendance  daily,  and  make 
due  return  thereof  to  the  school  committee  or  to  such 
person  as  such  committee  may  designate.  No  teacher  of 
a  public  school  shall  receive  payment  for  services  for  the 
two  wxeks  preceding  the  close  of  any  single  term  until 
the  register,  properly  tilled  up  and  completed,  is  so  re- 
turned. All  registers  shall  be  kept  at  the  schools,  and 
at  all  times  during  the  school  hours  shtdl  be  open  to  the 
inspection  of  the  school  committee,  the  superintendent 
of  schools,  the  truant  officers,  and  the  secretary  and 
agents  of  the  state  board  of  education.  In  reckoning 
the  average  nieml)or8hip  and  the  percentage  of  attendance 
in  the  schools  no  pupil's  name  shall  be  omitted  in  count- 
ing the  number  of  persons  belonging  to  the  school  and 
the  numl)er  of  absences  of  such  persons,  until  it  is  known 
that  such  ])upil  has  wilhdrawn  from  the  school  without 
intention  of  returning,  or,  in  the  absence  of  such  knowl- 
edire,  until  ten  consecutive  davs  of  absence  have  been 


Acts,  1898.  — Chap.  496.  459 

recorded ;  but  nothing  in  this  provision  for  computing 
the  average  memliership  and  the  percentage  of  attendance 
shall  1)0  construed  to  invalidate  procedure  against  habitual, 
truants,  absentees  or  school  offenders,  or  other  persons, 
as  provided  in  sections  twenty-four  to  twenty-six  inclu- 
sive and  section  thirty-one  of  this  act.  A  pupil  who 
is  not  present  during  at  least  half  of  a  session  shall  be 
marked  and  counted  as  absent  for  that  session. 

Section  20.     If  a  return  is  found  to  be  irregular  or  incorrect 
incorrect  the   secretary  of  the  state  board  of  education  '■^*"''°*' 
shall  forthwith  return  the  same  with  a  statement  of  all 
deficiencies  therein  to  the  school  committee  for  correc- 
tion, and  said  conmiittee  shall  promptly  correct  and  re- 
turn the  same. 

Section  21.     A  town  the  report  or  returns  of  which  Penalty  in  case 
do  not  reach  the  office  of  the  secretary  of  the  state  board  received  on  a 
of  education  on  or  before  the  fifteenth  day  of  May  shall  H^]^''^ ''^'^^ 
forfeit  ten  per  cent,  of  the  income  of  the  school  fund  to 
which  such  town  would  otherwise  have  been  entitled  ;  if 
such  report  or  returns  fail  to  reach  said  office  before  the 
first  day  of  June  then  the  town's  share  of  said  income 
shall  be  retained  by  the  treasurer  of  the  Commonwealth  ; 
and  any  amount  so  retained  shall  be  added  to  the  prin- 
cipal of  the  school  fund.     Any  towm  not  entitled  to  a 
portion  of  the  school  fund,  and  any  city,  the  report  or 
returns  of  which  fail  to  reach  said  office  on  or  before  the 
first  day  of  June,  shall  forfeit  to  the  school  fund  two  hun- 
dred dollars. 

Section  22.    The  county  commissioners  of  each  county.  Maintenance  of 

1  •  /•  Ti  1  1  T»       1      1   •  F-k     1  r^  ^   tr"'^"'  schools, 

the  counties  ot  Barnstable,  Berkshire,  Dukes  County  and  etc. 
Nantucket  excepted,  shall  establish  and  maintain  either 
separately  or  conjointly  with  the  commissioners  of  other 
counties  as  hereinafter  provided,  in  a  suitable  place,  not 
at  or  near  a  penal  institution,  a  truant  school  for  the  in- 
struction and  training  of  persons  committed  thereto  as 
habitual  truants,  al)sentees  or  school  ofl'enders.  The 
county  commissioners  of  two  or  more  counties  may  at 
the  expense  of  said  counties  establish  and  maintain  a 
union  truant  school,  to  be  organized  and  controlled  by 
the  chairmen  of  the  county  commissioners  of  said  coun- 
ties. The  county  commissioners  of  each  of  the  counties 
exce|)t('(l  as  aforesaid  shall  assign  a  truant  school  estab- 
lished by  law  as  the  })lace  for  the  instruction  and  training 
of  persons  committed  within  their  respective  counties  as 


460  Acts,  1898.  — Chap.  496. 

habitual  truants,  absentees  or  school  offenders,  and  shall 
pay  for  their  su})j)()rt  in  said  school  such  reasonabh'  sum 
as  the  county  eonnnissioners  having  control  of  said  school 
may  determine.  For  the  purposes  of  this  act  the  parental 
school  of  the  city  of  Boston,  established  under  chapter 
two  hundred  and  eighty-two  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-six  and  acts  in  amendment 
thereof  and  in  addition  1  hereto,  shall  be  deemed  the 
county  truant  school  of  the  county  of  Suffolk,  and  the 
towns  of  lievere  and  Winthrop  and  the  city  of  Chelsea 
shall  for  this  purpose  be  considered  as  located  within 
the  county  of  Middlesex.  When  an  habitual  truant, 
al)sentee  or  school  offender  is  committed  under  this  act 
to  a  county  truant  school  the  town  or  city  from  which 
such  child  is  committed  shall  pay  to  the  count}'^  within 
which  such  town  or  city  is  located  one  dollar  a  week 
Proviso.  towards  his  support  in  said  school :  jyrovided,  that  the 

towns  of  Revere  and  Winthrop  and  the  city  of  Chelsea 
shall  pay  to  the  county  of  Middlesex  for  the  support  of 
each  child  committed  to  the  truant  school  of  said  county 
two  dollars  and  fifty  cents  })er  week,  and  such  additional 
sums  for  each  child  as   shall   cover  the   actual   cost   of 
maintenance. 
STooVslubjelt       Section  23.     County  truant  schools  shall  be  subject 
to  visitation       to  visitatiou  by  the  state  board  of  education  and  b}'  the 
state  board  of  lunacy  and  charity ;  and  said  boards  shall 
report  thereon  annually  to  tlie  legislature. 
hawtuai""'"'  °^      Section   24.     Every   habituar  truant,  that   is,  every 
truants.  child  bctwecn  seven  and  fourteen  years  of  age  who  wil- 

fully and  habitually  absents  himself  from  school  contrary 
to  the  provisions  of  section  twelve  of  this  act,  upon  com- 
plaint by  a  truant  officer,  and  conviction  thereof,  may  be 
committed,  if  a  boy,  to  a  county  truant  school  for  a 
period  not  exceeding  two  years,  and  if  a  girl,  to  the 
state  industrial  school  for  girls,  unless  such  child  is 
placed  on  probation  as  provided  in  section  twenty-eight 
of  this  act. 
hSai"^"'  °^  Section  25.  Every  habitual  absentee,  that  is,  every 
absentees.  child  bctwecn  scvcu  and  sixteen  ^xars  of  age  who  may 
be  found  wandering  about  in  the  streets  or  public  places 
of  any  town  or  city  of  the  Commonwealth,  having  no 
lawful  occupation,  habitually  not  attending  school,  and 
growing  up  in  idleness  and  ignorance,  upon  complaint 
by  a  truant  officer  or  any  other  person,  and  conviction 


Acts,  1808.  — Chap.  496.  461 

thereof,  may  be  committed,  if  a  boy,  at  the  discretion 
of  the  court,  to  a  county  truant  school  for  a  period  not 
exceeding  two  years,  or  to  the  Lyman  school  for  boys, 
and,  if  a  girl,  to  tlic  state  industrial  school  for  girls, 
unless  such  child  is  })laced  on  probation  as  provided  in 
section  twenty-eight  of  this  act. 

Section  26.  Every  habitual  school  offender,  that  i^' fo""^™',*™®"* 
every  chikl  under  fourteen  years  of  age  who  persistently  of  school  reg- 
violatcs  the  reasonable  regulations  of  the  school  which 
he  attends,  or  otherwise  persistently  misbehaves  therein, 
so  as  to  render  himself  a  fit  subject  for  exclusion  there- 
from, upon  complaint  by  a  truant  officer,  and  conviction 
thereof,  may  l)e  committed,  if  a  boy,  at  the  discretion 
of  the  court,  to  a  county  truant  school  for  a  period  not 
exceeding  two  years,  or  to  the  Lyman  school  for  boys, 
and,  if  a  girl,  to  the  state  industrial  school  for  girls, 
unless  such  child  is  placed  on  probation  as  provided  in 
section  twenty-eight  of  this  act. 

Section  27.     Any  court   or  magistrate   by  whom   a  support  of 
child  is  committed  to  a  county  truant  school  may  make  miued  to 
such  order  as  said  court  or  magistrate  deems  expedient  echooL."^"''"* 
concerning  the  payment  by  the  parents  of  such  child  to 
the  county,  of  the  cost  of  the  support  of  any  such  child 
while  in  said  school,  and  may  from  time  to  time  revise 
and  alter  such  order,  or  make  a  new  order,  as  the  cir- 
cumstances of  the  parents  may  justify. 

Section    2S.     Any  court   or   magistrate  by  whom   a  chud  convicted 
child  has    been   convicted  of  an   offence  under  this  act  mayUepTiced 
may  in  his  discretion  place  such  child  on  probation  under  »«  probation, 
the  oversight  of  a  truant  officer  of  the  town  or  city  in 
which  the  child  resides,  or  of  a  probation  officer  of  said 
court,  for  such  period  and  upon  such  conditions  as  said 
court  or  magistrate  may  deem  best ;    and  within    such 
period,  if  the  child  violates  the  conditions  of  his  prol)a- 
tion,  such  truant  officer  or  probation  officer  may  without 
warrant  or  other  process  take  the  child  before  the  court, 
and  the  court  may  thereupon  proceed  to  sentence  or  may 
make  any  other  lawful  disposition  of  the  case. 

Section   29.     County  commissioners,  whenever  they  county  com- 
thmk  it  Will  be  for  the  Ijest  interest  of  any  child  com-  certain  caBce, 
mittcd  to  a  county  truant  school  under  their  control,  and  cii'luiren  in 
after  due  notice  and  an  opportunity  to    l)c  heard  have  BchooisVo'b"* 
been  given  to  the  sujierintendent  of  schools,  or,  where  at  liberty,  etc. 
there  is  no  superintendent,  to  the  school  committee  of 


462 


Acts,  1898.  — Chap.  496. 


County  com- 
missioners, in 
certain  cases, 
may  permit 
children  in 
county  truant 
Bcbools  to  be 
at  liberty,  etc. 


Commitment  of 
inmates  of 
county  truant 
Bchools  for 
violation  of 
regulatioue,  etc. 


the  town  or  city  from  which  such  child  was  committed 
to  said  school,  may  permit  such  child  to  be  at  liberty, 
upon  such  conditions  as  said  commissioners  may  deem 
best ;  or,  with  the  approval  of  a  justice  of  the  court 
which  imposed  the  sentence,  they  may  discharge  such 
child  from  said  school ;  and  in  case  of  such  parole  or 
discharge  the  trustees  shall  make  an  entry  upon  their 
records  of  the  name  of  such  child,  the  date  of  such 
parole  or  discharge,  and  the  reason  therefor,  and  a  copy 
of  such  record  shall  be  transmitted  to  the  court  or  mag- 
istrate by  whom  such  child  was  committed,  and  to  the 
school  committee  of  the  town  or  city  from  which  such 
child  was  committed.  If  any  child  who  is  permitted  to 
be  at  liberty,  as  provided  by  this  section,  violates,  in 
the  opinion  of  said  commissioners,  the  conditions  of  his 
parole  at  any  time  previous  to  the  expiration  of  the  term 
for  which  such  child  was  committed  to  said  school,  they 
ma}^  revoke  such  parole.  Upon  evidence  from  a  super- 
intendent of  schools  or  a  school  committee,  satisfactory 
to  said  commissioners,  of  the  violation  by  a  child  of  the 
conditions  of  his  parole,  it  shall  l)e  the  duty  of  said  com- 
missioners to  revoke  such  parole.  Said  commissioners 
may  issue  an  order  directed  to  the  truant  or  police  officers 
of  any  town  or  city  to  arrest  such  child  wherever  found 
and  return  him  to  said  school ;  and  any  such  officer  hold- 
ing such  order  shall  arrest  such  child  and  return  him  to 
said  school,  which  may  thereupon  hold  him,  subject  to 
the  provisions  of  this  act,  for  the  unexpired  portion  of 
the  term  of  the  original  sentence.  Said  commissioners 
shall  meet  the  expense  attending  such  arrest  and  return, 
so  far  as  approved  by  them,  at  the  cost  of  the  county  or 
counties  maintaining  said  school.  But  releases  from  the 
parental  school  of  the  city  of  Boston  shall  l)e  governed 
by  the  provisions  of  chapter  five  hundred  and  fourteen 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-six. 
Section  30.  Any  inmate  of  a  county  truant  school 
who  persistently  violates  the  reasonable  regulations  of 
said  school,  or  is  guilty  of  indecent  or  inuuoral  conduct, 
or  otherwise  grossly  misbehaves,  so  as  to  render  himself 
an  unfit  subject  for  retention  therein,  upon  complaint  by 
the  county  commissioners  in  control  of  said  school,  and 
conviction  thereof,  may  be  committed  by  the  court,  if 
a  boy  under  fifteen  years  of  age,  to  the  Lyman  school 
for  boys ;  if  a  boy  over  fifteen  years  of  age,  to  the  Mas- 


Acts,  1898.  — Chap.  496.  463 

sachusetts  reformatory  at  Concord.  The  period  of  com- 
mitment to  said  institiition.s  shall  be  determined  by  the 
laws  and  regulations  governing  commitments  thereto. 

Section'  31.     Any  person  having  under  his  control  a  Penalty  for 
child  between  seven  and  fourteen  years  of  age  who  fails  lons'having'^' 
for  five  day  sessions  or  ten  half  day  sessions  within  any  uiu'chu'd,  60*^10 
iieriod  of  six  months  while  under  such  control,  to  cause  t^ause  ihem  to 

ii'iij  11         11         1  •!!  ,•  1         attend  school. 

sucli  cnutl  to  attend  scJiool  as  required  l)y  section  twelve 
of  this  act,  the  physical  or  mental  condition  of  such  child 
not  being  such  as  to  render  his  attendance  at  school  harm- 
ful or  impracticable,  upon  complaint  by  a  truant  officer, 
and  conviction  thereof,  shall  forfeit  and  pay  a  fine  of  not 
more  than  twenty  dollars.  Any  person  who  induces  or 
attempts  to  induce  any  child  to  absent  himself  unlaw- 
fully from  school,  or  employs  or  harbors  while  school 
is  in  session  any  child  absent  unlawfully  from  school, 
shall  forfeit  and  pay  a  fine  of  not  more  than  fifty  dollars. 

Section  32.  Police,  municipal  and  district  courts,  certain  courts, 
trial  justices,  and  judges  of  probate  courts,  shall  have  JurisdicS 
jurisdiction  of  all  cases  arising  under  this  act  relating  to  ^^'^' 
persons  residing  in  their  respective  jurisdictions.  Upon 
a  complaint  for  an  offence  under  this  act  a  summons  shall 
issue  instead  of  a  Avarrant  for  arrest,  unless  in  the  judg- 
ment of  the  court  or  magistrate  receiving  the  complaint 
there  is  reason  to  believe  that  the  accused  will  not  ap- 
pear upon  a  summons.  A  warrant  may  issue  at  any  time 
after  the  issue  of  such  summons,  if  occasion  arises, 
whether  or  not  the  summons  has  been  served.  Such 
summons  or  warrant  may  be  served,  at  the  discretion 
of  the  court  or  magistrate,  by  a  truant  officer  or  by  any 
officer  empowered  to  serve  criminal  process.  Upon  com- 
l)laint  against  a  child  under  this  act  the  parents,  guardian 
or  custodian  of  the  child  shall  be  notified  as  is  required 
by  law  in  the  case  of  a  juvenile  offender.  No  child  under 
seventeen  years  of  age  shall  be  committed  under  this  act, 
except  to  a  county  truant  school,  and  no  child  against 
whom  complaint  as  an  ha])itual  absentee  is  brought  under 
section  twenty-five  of  this  act  by  any  other  person  than 
a  truant  officer  shall  be  committed  under  this  act,  unless 
due  notice  and  an  opjiortunity  to  be  heard  have  been 
given  to  the  state  board  of  lunacy  and  charity. 

Section  33.     The  school  committee  of  every  town  and  Appointment 

.  .  .  .         *^     /,  "DO  compenBa- 

City  shall  ap})oint  and  fix  the  compensation  of  one   or  lion  of  truant 
more  persons  to  be  designated  as  truant  officers,  and  " 


464:  Acts,  1898.  —  Chap.  49(3. 

shall  make  rules  and  regulations  governing  said  officers. 
Truant  officers  shall  not  receive  fees  for  their  services. 
The  school  committees  of  two  or  more  towns  or  cities 
may  employ  the  same  truant  officer  or  officers. 

^fficerV^  *'^"''°'  Section  34.  The  truant  officers  of  towns  and  cities 
shall  inquire  into  all  cases  arising  under  sections  eleven, 
twelve,  twenty-four  to  twenty-six  inchisive  and  thirty- 
one  of  this  act,  and  may  make  complaints,  serve  legal 
processes,  and  carry  into  execution  judgments  there- 
under. They  shall  perform  the  duties  of  oversight  of 
children  placed  on  pro])ation  as  may  be  required  of  them 
under  section  twenty-eight  of  this  act.  A  truant  officer 
of  any  town  or  city  may  apprehend  and  take  to  school, 
Avithout  warrant,  any  truant  or  absentee  found  wander- 
ing about  in  the  streets  or  public  places  thereof. 

1882, 181,  §3,  Section  35.     Section  three  of  chapter   one  hundred 

*  ''  ^  ■  and  eighty -one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-two,  as  amended  by  section  four  of  chapter 
one  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-six,  b}^  section  one  of  chapter  three 
hundred  and  thirty  of  the  acts  of  the  same  year,  and  l\y 
section  one  of  chapter  two  hundred  and  forty-eight  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  following :  — 

commitraftnt  of  Sectioii  3.     Wlicncver  it  shall  be  made  to  ai^iiear  to  any 

certain  chililren  ,  n  ^  -i     •  •  i^         ^         ^ 

to  the  custody  court  or  magistrate  after  due  complamt  setting  forth  the 
board  oMunacy  facts  Tclicd  upoii,  aiid  a  hearing  thereon,  that  within  the 
and  chanty,  etc.  jm.is(ji(.tion  of  sucli  court  or  magistrate  any  child  under 
sixteen  years  of  age,  by  reason  of  orphanage,  or  of  the 
neglect,  crime,  drunkenness  or  other  vice  of  his  parents, 
is  growing  up  without  education  or  salutary  control,  and 
in  circumstances  exposing  him  to  lead  an  idle  and  dis- 
solute life,  or  is  dependent  upon  ])ublic  charity,  such 
court  or  magistrate  shall,  after  notice  to  the  state  board 
of  lunacy  and  charity,  commit  such  child,  if  he  has  no 
known  settlement  in  this  Commonwealth,  to  the  custody 
of  said  board,  and  if  he  has  a  known  settlement  then 
to  the  overseers  of  the  poor  of  the  city  or  town  in  which 
he  has  such  settlement,  except  in  the  city  of  Boston,  and 
if  he  has  a  settlement  in  said  city,  then  to  the  directors 
of  public  institutions  of  said  city,  until  he  arrives  at 
the  age  of  twenty-one  years,  or  for  any  less  time  ;  and 
the  said  board,  overseers  and  directors  are  authorized  to 


Acts,  181)8.  — Chap.  496.  i65 

make  all  needful  ari'an2;ements  for  tlic  care  and  mainte- 
nance of  cliildiHMi  so  committed,  in  some  state,  municipal 
or  town  institution,  or  in  some  respectable  family,  and 
to  discharire  such  children  from  their  custody  whenever 
the  object  of  their  commitment  has  ])een  accomplished  : 
pvoi'idedy  however^  that  when  it  shall  l)e  made  to  a})pe;ir  I'roviBo. 
that  the  place  of  legal  settlement  of  any  of  such  chil- 
dren has  not  within  its  control  any  institution  in  which 
they  may  be  lawfully  maintained  sucli  court  or  maijistrate 
may  connnit  such  cliildren  to  the  custody  of  the  state 
board  of  lunacy  and  charity,  and  the  authority  vested  in 
overseers  of  the  i)oor  under  this  section  relative  to  chil- 
dren who  have  a  known  settlement  may  be  exercised  by 
said  state  board,  in  the  same  manner  and  to  the  same 
extent  as  it  might  have  been  exercised  by  said  overseers 
had  such  children  been  committed  to  them. 

Section  o().  Sections  three  and  seven  of  chapter  Repeal. 
forty-one,  sections  one,  two,  seven,  twelve,  thirteen 
and  sixteen  of  chapter  forty-four,  sections  one  to  seven 
inclusive,  ten  to  thirteen  inclusive  and  section  fifteen  of 
chapter  forty-six,  section  ten  of  chapter  forty-eight  and 
section  nineteen  of  chapter  two  hundred  and  twenty,  of 
the  Public  Statutes  ;  chapter  one  hundred  and  seventy- 
four  of  the  acts  of  the  vear  eighteen  hundred  and  eighty- 
three  ;  chapter  two  hundred  and  thirty-six  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-six ;  chapter 
ninety-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one ;  chapter  two  hundred  and  thirty-one, 
sections  one  to  four  inclusive  of  chapter  four  hundred 
and  thirty-six,  chapter  four  hundred  and  seventy-one, 
and  sections  one,  and  three  to  twenty-nine  inclusive, 
of  chapter  four  hundred  and  ninety-eight  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four ;  chapters 
two  hundred  and  twelve  and  two  hundred  and  sixteen 
of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
tive  ;  chapters  three  hundred  and  sixty  and  three  hun- 
dred and  eighty-two  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six,  and  all  other  acts  and  parts  of 
acts  inconsistent  herewith,  are  hereby  repealed. 

Section  37.     This  act  shall  take  elfect  on  the  first  day  when  to  take 
of  September  in  the  year  eighteen  hundred  and  ninety- 
eight.  Approved  June  i?,  1898. 


466 


Acts,  1898.  —  Chaps.  497,  498. 


ChapA^l 


District  court 
of  western 
Norfolk  estab- 
lished. 


SessioDB,  etc. 


Justices,  etc. 


First  session, 
etc. 


An  Act  to  establish  the  district  court  of  western  Norfolk. 
Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  towns  of  Bellingham,  Foxborough, 
Franklin,  Medway,  Millis,  Norfolk,  Walpole  and  Wren- 
tham  in  the  county  of  Norfolk,  shall  constitute  a  judicial 
district  under  the  jurisdiction  of  a  court  to  bo  called  the 
district  court-  of  western  Norfolk.  Said  court  shall  be 
held  in  the  towns  of  Franklin  and  Wal})ole. 

Section  2.  Said  court  shall  be  open  daily  for  the 
transaction  of  business,  except  on  Sundays  and  legal  holi- 
days. Sessions  of  said  court  for  criminal  business  shall 
be  held  at  Walpole  on  Monday,  Wednesday  and  Friday, 
and  at  Franklin  on  Tuesday,  Thursday  and  Saturday  of 
each  week.  Sessions  of  said  court  for  the  trial  of  civil 
actions  shall  be  held  at  Walpole  on  Wednesday,  and  at 
Franklin  on  Saturday  of  each  week,  and  the  return  day 
for  writs  and  other  processes  in  civil  action,  shall  be  at 
Franklin  on  Saturday  of  each  week.  Actions  for  trial 
at  the  session  of  said  court  held  at  Walpole  shall  be  so 
designated  on  or  before  the  expiration  of  the  time  for 
filing  the  answer.  Said  court  may  transfer  an  action 
from  one  of  said  sessions  to  the  other,  or  may  adjourn 
from  one  of  said  towns  to  the  other,  whenever  the  public 
convenience  may  seem  to  the  justice  })residing  therein  to 
render  such  action  expedient. 

Section  3.  There  shall  be  one  justice,  two  special 
justices  and  a  clerk  of  said  court.  The  justice  shall 
receive  an  annual  salary  of  one  thousand  dollars,  and 
the  clerk  an  annual  salary  of  five  hundred  dollars,  to  be 
paid  by  the  county  of  Norfolk.  All  the  provisions  of 
law  applicable  to  district  courts  shall  apply  to  said  court. 

Section  4.  The  first  session  of  said  court  shall  be 
held  at  Franklin  on  the  second  day  of  July  in  the  year 
eighteen  hundred  and  ninety-eight,  but  nothing  in  this 
act  shall  afi'ect  any  suit  or  other  proceedings  begun  prior 
to  said  second  day  of  July. 

Section  5.     This  act  shall  take  efi'ect  ui)on  its  passage. 

Approved  June  5,  1898. 


ChapA9S  ^^^  -'^CT  to  authorize  the  construction  of  booms  across  the 

CONNECTICUT   RIVER. 

Be  it  enacted,  etc. ,  as  folloios : 

boomlacVoH^s"^       Section  1.     lu  addition  to  the  powers  and  duties  con- 
the  conaeciicut  fgrred  upou  tlic  boui'd  of  hai'bor  and  land  commissioners 

river.  ^ 


Acts,  1808.  —  Chap.  499.  467 

by  chapter  three  hundred  and  forty-four  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-five  said  board  is 
licrcl)y  authorized  to  license  the  construction  and  main- 
tenance of  booms  in  and  across  the  Connecticut  river, 
for  periods  not  exceeding  five  years,  in  such  locations 
and  upon  such  terms  and  conditions  as  it  may  prescribe. 
All  licenses  issued  under  the  provisions  of  this  act  and  ^j[;^ecftoc'e''r.' 
all  structures  erected  under  the  authority  thereby  given  tain  provisions 
shall  be  subject  to  the  terms  and  provisions  of  chapter 
three  hundred  and  forty-four  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-five,  and  of  chapter  two 
hundred  and  sixty-six  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one,  so  far  as  the  same  shall  be 
apjilicable. 

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

Approved  June  3,  1898. 

An  Act  to  establish  the  salaries  of  the  board  of  gas  and  (^Jjfjj^  499 

ELECTRIC   LIGHT   COMMISSIONERS.  "' 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     Section   four   of  chapter  three   hundred  a^endld.^^' 
and  fourteen  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five  is  hereby  amended   by  striking  out  the 
word  "three",  in  the  second  line,  and  inserting  in  place 
thereof  the  word:  —  four, — by  striking  out  the  word 
"two",  in  the  third  line,  and  inserting  in  place  thereof 
the  word:  —  three, — and   by  inserting   after  the  word 
"Commonwealth",    in   the    fourth    line,   the    words:  — 
The  members  and  clerk  of  said  board  shall  not  engage 
in  any  other  business, — so  as   to    read    as  follows:  — 
Section  4.     The   annual  salary  of  the  chairman  of  the  Salaries  of 
board  shall  be  four  thousand  dollars,  and    that    of  the  and  eicctnc 
other  commissioners  three  thousand  five  hundred  dollars  JionerB."^™'^" 
each,  to  be  paid  monthly  from  the  treasury  of  the  Com- 
monwealth.    The  members  and  clerk  of  said  board  shall 
not  engage  in  any  other  business.     The  commissioners 
sliall  be  provided  with  an  office  in  the  state  house  or  in 
some  other  suitable  })lace  in  the  city  of  Boston,  in  which 
their  records  shall  be  kept. 

Section  2.     Chapter  five   hundred   and   three   of  the  Repeal, 
acts    of  the   year   eighteen    hundred  and  ninety-four  is 
hereby  repealed. 

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

Approved  June  5,  1898. 


4:68 


Acts,  1898.  —  Chaps.  500,  501. 


p. S.  203, §  102, 
amended. 


Penalty  for 
defacing  nat- 
ural scenery, 
»'tc.,  without 
consent  of 
owners. 


Ch(ip.bi)0  Ax  Act  relath^e  to  the   disfigurement  ok  ou.jects   by-  the 

POSTING   OF  ADVERTISEMENTS   OR   OTHERWISE. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.  Section  one  hundred  and  two  of  chapter 
two  hundred  and  three  of  the  Public  Statutes  is  hereby 
amended  by  strikino^  out  the  whole  of  said  section  and 
inserting  in  place  thereof  the  following:  —  Section  102. 
Whoever  paints,  or  puts  upon,  or  in  any  manner  affixes 
to  any  fence,  structure,  pole,  rock  or  other  object,  the 
property  of  another,  whether  within  or  without  the  limits 
of  the  highway,  any  words,  device,  trade-mark,  adver- 
tisement, or  notice,  not  required  by  law  to  be  posted 
thereon,  without  first  obtaining  the  written  consent  of 
the  owner  or  tenant  of  such  property  shall,  on  complaint 
of  such  owner,  or  his  tenant,  or  any  municipal  or  public 
officer,  be  punished  by  fine  not  exceeding  ten  dollars. 

Section  2.  Any  word,  device,  trade-mark,  advertise- 
ment or  notice,  painted,  put  up  or  affixed  within  the 
limits  of  a  highway  in  violation  of  the  provisions  of  the 
preceding  section  of  this  act  shall  be  deemed  to  be  a 
public  nuisance  ;  and  may  l)e  forthwith  removed  or  ob- 
literated, and  abated  by  any  person. 

Section  3.  This  act  shall  take  effect  on  the  first  day 
of  July  in  the  year  eighteen  hundred  and  ninety-eight. 

Apjjroved  June  6,  1S98. 


Advertisemcnls 
or  notices,  etc., 
within  the 
limits  of  a 
highway  to  be 
deemed  a  pnb- 
lic  nuisance. 


When  to  take 
effect. 


Chan.501  ^^  ^^^  relative  to  a  boulevard  from  the  POINT  OF  PINES 
TO  LYNN  WOODS,  AND  FROM  LYNN  WOODS  TO  THE  MIDDLESEX 
FELLS. 


Metropolitan 
park  commis- 
sion to  investi- 
gate the 
question  of  a 
boulevard  from 
the  Point  of 
Pines  to  Lynn 
Woode,  etc. 


Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  metropolitan  park  commission  is 
hereliy  authorized  and  instructed  to  make  an  investiga- 
tion as  to  the  advisability  of  constructing  a  boulevard 
from  the  Point  of  Pines  to  Lynn  Woods,  and  from  the 
Lynn  Woods  to  Middlesex  Fells.  Said  commission  shall 
consider  the  various  practicable  routes  and  the  cost  of 
construction,  and  shall  report  the  result  of  its  investiga- 
tion, together  with  its  recommendations,  to  the  next  gen- 
eral court.  Any  expense  incurred  under  this  act  shall 
be  deducted  from  the  unexpended  l)alance  of  the  general 
appropriation  for  metropolitan  boulevards. 

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

Approved  June  6,  1898. 


Acts,  1898.  — Chaps.  502,  503.  469 

An    Act    to     authorize    certain    corporations    to    surrender  f^Tfr/'n  1^0^ 
THEIR  CERTIFICATES  OF  INCORPORATION.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section   1 .      Any   corporation   organized   under  the  certain  corpo- 
general  laws,  excepting  such  as  have  been  created  for  aurVTnci^rYheir 
the  purpose  of  business  or  profit  with  a  capital    stock  j'ncorpor^^^^ 
divided  into  shares,  and  excepting  also  those  corpora- 
tions which  are  under  the  jurisdiction  of  the  insurance 
commissioner,  may  surrender  its  certificate  of  incorpora- 
tion and  be  dissolved  in  the  manner  hereinafter  provided. 

Section  2.  A  majority  of  the  surviving  members  of  Jfjoc^jj^ure. 
the  corporation  desiring  to  surrender  its  certificate  of  in- 
corporation shall  make,  sign  and  swear  to  a  statement 
which,  together  with  said  certificate,  shall  be  filed  in  the 
office  of  the  secretary  of  the  Commonwealth,  setting 
forth  that  they  desire  to  surrender  said  certificate  and  to 
have  said  corporation  dissolved,  and  giving  the  reasons 
therefor.     When  the  statement  and  certificate  of  incor-  secretary  of  the 

.•1  1  r•^      ^  i  •  •  t     t   ii  ±  Commonwealth 

poration  have  been  filed  as  herem  provided  the  secretary  to  cause  notice 
of  the  Commonwealth,  if  he  deems  the  reasons  set  forth  by^thepeuucm. 
in  said  statement  to  be  well  grounded,  shall  thereupon  e^s,  etc. 
cause  a  notice  to  be  published  by  the  petitioners  for  dis- 
solution in  one  or  more  newspapers  in  the  county  where 
the  corporation  is  located,  to  the  effect  that  for  reasons 
which  appear  to  said  secretary  to  be  good  and  sufficient 
the  incorporation  of  the  organization  therein  named  is 
annulled.  Upon  receipt  by  the  secretary  of  the  Com- 
monwealth of  a  copy  of  the  newspaper  or  newspapers 
wherein  the  notice  of  dissolution  was  ordered  to  be  pub- 
lished the  corporation  shall  then  cease  to  exist,  and  shall 
thereafter  be  dissolved,  subject  however  to  the  provisions 
of  sections  forty-one,  forty-two,  forty-three  and  forty- 
four  of  chapter  one  hundred  and  five  of  the  Public 
Statutes. 

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

Approved  June  6,  1898. 


";;;  Chap.m^ 


Ax  Act  to  require  approval  hy  the  commissioner  of  cok- 

I'OUATIONS     of     certificates     OF     CHANGE     OF     PAR    VALUE 
SITARES   ANI>   OF   ADDITION  TO   OK  CHANGE   OF    BUSINESS    BV    CER- 
TAIN  COIJl'OUATIONS. 

Be  it  enacted,  etc.,  as  foUoics  : 

Section  1.     Section  fifty-nine  of  chapter  one  hundred  ps.  loe,  §59, 
and  six  of  tlic  Public  Statutes  is  hereby  amended  by  in- 


470 


Acts,  1898.— Chap.  503. 


for  examitia 
tlon,  etc 


serting  after  the  word  "  sections",  iu  the  second  line,  the 
word:  —  thirty-one,  —  and  by  inserting  after  the  word 
"  forty-six",  in  the  same  line,  the  word  :  —  fifty-one, — 
Certain  certifi-  SO  as  to  read  as  follows  :  —  Section  59.  Every  certificate 
bubmittecTtothe  rcquircd  to  be  filed  ])y  the  provisions  of  sections  thirty- 
o?'co"pora«0DB  o»^.  forty-six,  fifty-one,  fifty-four,  fifty-six,  fifty-seven, 
and  fifty-eight,  shall,  before  filing,  be  submitted  to  the 
commissioner  of  corporations,  who  shall  examine  the 
same  ;  and  if  it  appears  to  him  to  be  a  sufficient  com- 
pliance in  form  with  the  requirements  of  this  chapter, 
he  shall  certify  his  ap})roval  thereof  by  indorsement 
upon  the  same  ;  but  upon  the  copies  of  votes  of  cor- 
porations, or  the  authorizations  of  municipal  authorities 
required  l)y  the  preceding  section,  he  shall  indorse  only 
the  date  and  fact  of  submission  to  his  inspection ;  and 
upon  paying  the  fee  hereinafter  provided,  the  same  may 
be  filed  in  the  office  of  the  secretary  of  the  Common- 
wealth, who  shall  receive  and  record  the  same  in  books 
to  be  kept  for  the  purpose,  and  u[)on  such  filing  the  cor- 
poration and  its  officers  shall  be  conclusively  held  to 
have  complied  with  the  requirements  of  this  chapter  in 
respect  to  the  filing  of  such  certificate,  except  that  it 
may  be  shown  by  competent  evidence  in  any  court  that 
the  statements  made  in  such  return  were  false,  and  >vere 
known  to  be  so  by  any  officer  or  officers  signing  or  mak- 
ing oath  to  the  same. 

Section  2.  Chai)ter  five  hundred  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four  is  hereby  amended 
Ijy  inserting  after  the  word  "and",  in  the  twelfth  line, 
the  words  :  —  having  been  ap})roved  as  to  its  form  l\y  the 
commissioner  of  corporations,  —  so  as  to  read  as  follows  : 
—  The  par  value  of  shares  iu  the  capital  stock  of  any 
corporation  organized  for  any  of  the  ])ur])oses  mentioned 
or  referred  to  in  sections  seven,  eight,  thirteen  and  tbur- 
teen  of  chapter  one  hundred  and  six  of  the  Public  Stat- 
utes may  be  one  hundred  dollars,  or  any  smaller  sum, 
not  less  than  twenty-five  dollars,  fixed  in  its  articles  of 
association ;  and  any  such  corporation,  at  a  meeting  of 
its  stockholders  called  for  the  purpose,  may  change  the 
par  value  of  its  shares  :  provided,  that  a  certificate  of 
such  change  shall,  within  ten  days  thereafter,  be  made, 
signed  and  sworn  to  hy  its  president,  treasurer  and  a 
majority  of  its  directors  ;  and,  having  been  approved  as 


1894,  600, 
ainended, 


Certain  corpo- 
rsitione  may 
change  par 
value  of  shares 


Proviso. 


.  Acts,  1898.  — Chaps.  504,  505.  471 

to  its  form  hy  the  commissioner  of  corporations,  be  filed 
in  the  office  of  the  secretary  of  the  Commonwealth. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Apjyroved  June  6,  1898. 

An  Act  to  authorize  certain  corporations  to  add  to  or  (Jhnj)  5Q4 

CHANGE  THEIR   PURPOSE   OF  INCORPORATION.  "' 

Be  it  enacted,  etc.,  asfolloivs: 

Any  corporation  organized    under  the    provisions  of  fa*tionrma7add 
chapter  one  hundred  and  fifteen  of  the  Public  Statutes  to  or  change 
may,  upon  the  vote  of  all  its  mem1)ers  at  a  meeting  duly  incorporation. 
called  for  the  purpose,  add  to  or  change  the  purpose  for 
which  it  was   incorporated  :  provided,  that  such  a  cor-  Proviso. 
])oration  shall  not  adopt  nor  engage  in  the  pursuit  of  any 
pur]K)so  which  is  not  authorized  by  the  provisions  of  said 
cha[)ter.     I'he  presiding,  financial  and  recording  officers 
and  a  majority  of  its  other  officers  having  the  powers  of 
directors  shall  forthwith  make,  sign  and  swear  to  a  cer- 
tificate setting  forth  such  addition  to  or  change  of  pur- 
pose.    Such    certificate    having   been    submitted   to    the 
commissioner   of    corporations    for    his    approval    shall 
thereupon  be  filed  and  recorded  in  the  office  of  the  sec- 
retary of  the  Commonwealth.       Approved  Juve  6,  1898. 

An  Act  to  prohibit  deductions  in  the  wages  of  women  and  (^j/ff^  ^0^ 

MINORS  EMPLOYED  IN   MANUFACTURING   AND   MECHANICAL   ESTAB-  ^  * 

LISHMENTS. 

Be  it  enacted,  etc.,  as  foUo^vs : 

Section  1.     Xo  deductions  shall  be  made  in  the  wages  Deductions  in 
of  women  and  minors  who  are  paid  by  the  day  or  hour,  woraen"and 
employed  in  manufacturing  or  mechanical  establishments,  t'^in^eTtabMrh 
for  time  during  which  the  machinery  is  stop})ed,  if  said  '"orbited 
women  and  minors  were  refused  the  privilege  of  leaving 
the  mill  while  the  damage  to  said  machinery  was  being 
repaired  ;  and  none  of  the  employees  referred  to  in  this 
section  shall  be  comjielled  to  make  up  time  lost  through 
the  breaking  down  of  machinery  unless  said  employees 
are  conqjcnsated  at  their  regular  rates  of  wages  :  pro-  Provieo. 
ruled,  that  said    employees  have    been    detained   within 
their  workrooms  during  the  time  of  such  In-eakdown. 

SEfTiox  2.     Any  person,  corporation,  officer  or  agent  i'e"aity. 
who  violates  the  pi-ovisions  of  this  act  shall  be  punished 
by  fine  not  exceeding  twenty  dollars  for  each  otlence. 

Approved  June  6,  1898. 


472  Acts,  1898.  —  Chaps,  rm,  507. 


ChapSOQ  "^^  "^CT     TO    AUTHORIZE   THE   SALE    OP    CERTAIN    REAL    ESTATE    IN 
THE   TOAAT^'   OF   WASHINGTON   IN  THE   COUNTY   OK    UERKSHIRE. 

Be  it  enacted,  etc.,  as  follows. • 
Sale  of  certain        SECTION  1.     Edwiii  H.  Eames,  Addison  K.  Beach  and 

real  CHtate  in  ' 

the  town  of        Royal  J.  Beacli,  as  survivino:  heirs  of  former  nieml)crs 

Washington  /•  "  i  r^  •  i      t<        •     i  /»     -iir       i   •  •  i 

authorized.  01  the  Conjjreirational  Society  oi  Washington  in  the 
county  of  Berkshire,  are  hereby  authorized  to  sell  and 
convey  any  and  all  right,  title  and  interest  now  vested 
in  them,  in  the  Commonwealth  of  Massachusetts,  in  the 
ancient  proprietors  of  the  town  of  Washington,  and  in 
said  society,  in  and  to  that  certain  parcel  of  real  estate 
in  said  town  formerly  occupied  l)y  said  society  as  a 
church  site,  and  to  devote  the  proceeds  to  the  mainte- 
nance of  the  gospel  ministry  in  said  town. 

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

Apjyroved  June  6,  1898. 


Chaj).501   "'^^    ^^"^    '^^    I'ROVIDE     FOR     UNIFORMITY     IN     THE     ASSESSMENT    OF 

TAXES. 

Be  it  enacted,  etc.,  as  follows: 

t'^^bropento^'^  Section  1.  The  lists  required  to  be  brought  in  to  the 
inspection.  asscssors  ill  accordaucc  with  the  provisions  of  section 
thirty-eight  of  chapter  eleven  of  the  Public  Statutes 
shall  be  open  to  the  inspection  of  the  assessors  and 
their  assistants  and  clerks,  the  tax  commissioner  and  his 
deputy,  and  to  no  other  jiersons,  except  by  order  of  a 
court,  for  that  i)art  thereof  that  shows  the  detail  of  the 
personal  estate  of  the  persons  filing  the  same  ;  and  all 
such  lists  shall  be  carefully  preserved  hy  the  assessors 
until  they  are  destroyed  by  order  of  the  tax  commissioner. 
ABsessors'  SECTION  2.     The  boolv  of  tlic  asscssoi's  which  by  the 

DOCKS,  etc.  ...  f      1  • 

terms  of  section  fifty  of  chapter  eleven  of  the  Public 
Statutes  must  be  open  to  ])ublic  inspection  shall  show  in 
separate  columns  the  valuation  of  each  person's  stock  in 
trade  and  of  macliinery  used  in  manufacturing  establish- 
ments, and  the  number  and  value  of  live  stock.  The 
aggregate  valuation  of  all  other  personal  estate  shall  be 
placed  as  one  item  in  a  column  marked  "  All  other  rat- 
able personal  estate",  and  the  total  amount  of  each  per- 
son's taxal)le  personal  projierty  shall  )>o  shown,  without 
other  detail  or  specilication  than  that  herein  })rovided. 


Acts,  1898.  — Chaps.  .W8,  509.  473 

Section    3.     The    tax   commissioner  shall  appoint   a  Deputy  tax 

1  .  1111  •  1'  1^         \  '  commissiouer 

deputy,  who  sluill  receive  as  compensation  tor  his  ser- to  be  appointed, 
vices  the  sum  of  twenty-five  hundred  dollars  annually.  ^"'' 
He  may  himself  or  by  his  deputy  visit  any  city  or  town 
and  inspect  the  work  of  its  assessors,  and  give  to  said 
officers  such  information  and  require  of  them  such  action 
as  will  tend  to  produce  uniformity  in  valuation  and  as- 
sessments throuirhout  the  Connnonwealth  ;  and  for  any 
violation  of  the  laws  relating  to  the  assessment  of  taxes 
by  any  assessor,  for  which  a  penalty  is  provided  by  law, 
may  cause  the  offending  officer  to  be  indicted,  either  in 
the  county  in  which  said  officer  resides  or  in  an  adjoining 
county.  lie  may  also  by  himself  or  by  his  deputy  ap- 
})ear  at  any  hearing  before  the  superior  court  or  any 
board  of  county  commissioners  sitting  for  the  abate- 
ment of  taxes.  In  addition  to  his  fixed  compensation 
the  commissioner  or  his  deputy  shall  be  allowed  his 
reasonal)le  travelling  expenses. 

Section  4.     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  December  in  the  year  eighteen  hundred  and  ninety-  ^ 
eight.  A2:>proved  June  6,  1898. 


Chap.508 


Ax  Act  to  authorize  the  toavn  of  Windsor  to  appropriate 

MONEY  FOR  IJUILDING   A   TELEPHONE   LINE   FROM   DALTON  TO  EAST 
WINDSOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Windsor  may,  by  majority  Townofwind- 
vote  of  the  legal  voters  thereof  at  a  meeting  called  for  prLt^'^money" 
tlie  purpose,  appropriate   not  exceeding  seven  hundred  leiepbone'iine. 
and  fifty  dollars  to  meet  the  expense  of  building  a  tele- 
l)li()nc  line  from  Dalton  to  East  Windsor. 

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

Approved  June  7,  1898. 

An  Act  to  authorize  the  proprietors  op  the  fox  cemetery  f^hnji  'lOQ 

IN   the  town   of    BERKLEY    TO    TAKE,   HOLD,   SELL    AND    CONVEY 
CERTAIN   LANDS. 

Be  it  eiinctrd,  etc.,  as  follows  : 

Skction  1.     The  deed  of  land  to  the   Proprietors  of  pr^oceedings 
(ho   Fox  ("cmotcry,  a  corporation  organized    under   the  '■ou'i"n«d 
)>rovisioiis  of  chapter  two  hundred  and  two  of  the  acts 
of  the  year  eiirhteen  hundred  and  eiirlitx-five,  from  George 


474  Acts,  1898.  — Chaps.  510,  511. 

R.  Babbitt,  dated  the  fifteenth  day  of  August  in  the  year 
eighteen  hundred  and  ninety-four,  and  recorded  in  the 
registry  of  deeds  for  the  northern  district  of  the  county 
of  Bristol,  book  five  hundred  and  twenty,  page  one  hun- 
dred and  three,  shall  not  be  deemed  invalid  because  said 
corporation  was  not  legally  authorized  to  receive  and 
hold  said  land ;  and  the  powers  of  said  corporation  are 
hereby  so  far  enlarged  as  to  authorize  it  to  hold  and 
convey  said  land. 
Certain  Btrip  SECTION  2.     Said  corporatiou  is  hereby  authorized  to 

of  land  may  be  /•  t-»      i  i  •  /•     i        i         i 

conveyed  for      couvcy  to  tlic  towu  of  Berkley  a  strip  of  the  land  so  con- 

highway.  veyed  to  it  by  said  Babbitt,  bordering  on  the  highway,  for 

the  purpose  of  widening  and  straightening  said  highway. 

Section  3.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  June  7, 1898. 

QJlClJ),5\0  -^^  ^^^  '^^  PROVIDE  A  PENALTY  FOR  THE  VIOLATION  OF  THE  LAW 
RELATIVE  TO  THE  USE  OF  STANDARD  RECORD  INKS  FOR  PUBLIC 
RECORDS. 

Be  it  enacted,  etc.,  as  foUoios: 
1894, 378,  §1,  Section  one  of  chapter  three    hundred   and    seventy- 

eight    of  the    acts    of   the    year   eighteen    hundred   and 
ninety-four  is    hereby  amended    by  adding   at   the   end 
thereof  the  words:  —  Any  person  violating  the    provi- 
sions of  this  section  shall  be  punished  by  fine  not  ex- 
ceeding  fifty    dollars,  —  so    as   to    read    as    follows  :  — 
u8hig*other        Sectioii  1.     No    pcrsoii    having   the  care  or  custody  of 
rec'ordinkH'for   ^^^  book  of  I'ccord  or  rcgistiy  in    any  of  the  dejiart- 
pubiic  records,  mcuts  or  ofiiccs  of  thc  Commoiiwealtli,  or  of  any  county, 
city  or  town  therein,  shall  use  or  allow  to  be  used  upon 
.such  books  any  ink  excepting  such  as  is  furnished  by  the 
secretary  of  the  Commonwealth.     Any  person  violating 
the  provisions  of  this  section  shall  be  punished  by  fine 
not  exceeding  fifty  dollars.  Approved  June  8,  1898. 

Chcin  511   ^^  ^^'^  "^^  PROVIDE  FOR  THE  APPOINTMENT  OF  PKOI'.ATION  OFFICERS 

IN  THE   SUPERIOR  COURT. 

Be  it  enacted,  etc.,  as  foUoivs : 

pr'?.bat"o"^°*  °^  .Section  1.  The  superior  court  ma}'  appoint  probation 
offlceiH  ill  the  officcrs,  who  sliall  have  the  same  powers  and  perform  the 
etc.  '   same  duties  in  any  part  of  the  Commonwealth  for  the 

.superior  coui-t  as  the  ]ir()bation  officers  now  have  or  per- 
form  when   api)()iiited  under  the  provisions   of  chapter 


Acts,  1898.  — Chap.  512.  475 

three  hundred  and  fifty-six  of  the  acts  of  the  year  eight- 
een luHuh-ed  and  ninety-one ;  and  the  superior  court 
may  place  upon  probation,  under  any  of  said  probation 
officers,  any  person  charged  with  a  criminal  otience  be- 
fore it,  and  it  may  direct  them  to  act  in  any  part  of  the 
Commonwealth,  and  to  report  to  the  court ;  and  said 
court  may  remove  said  probation  officers  at  any  time. 

Section  2.  The  salary  of  each  probation  officer  ap-  Salaries. 
pointed  under  this  act  shall  be  determined  by  the  supe- 
rior court,  and  shall  be  apportioned  by  the  court  from 
time  to  time  between  the  counties  wherein  said  officer 
performs  his  services.  The  reasonable  expenses  incurred  Expenses. 
by  each  such  officer  in  the  performance  of  his  duties  shall 
be  ajiproved  and  apportioned  by  the  superior  court,  and 
when  so  approved  shall  be  paid  by  the  county  to  which 
they  are  thus  apportioned. 

Sectiox  3.     The  clerks  of  the  superior  court  for  the  commissionerB 
several  counties  shall  notify  the  commissioners  of  prisons  be  notm^d'of 
of  all  appointments  and  removals  made  under  this  act.       and°rem"vai*8. 

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

Approved  June  8,  1898. 


Chap.512 


An  Act  to  approve  the  purchase  by  the  united  states  ok 
TWO  tracts  of  land  in  the  town  of  hull,  and  to  cede 

.lUKISDICTION   OVER  THE   SAME   TO   THR   NATIONAL   GOVERNMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     The  consent  of  the    Commonwealth   of  certain  tracts 

,  .  of  land  in  the 

Massachusetts  is    hereby  o-ranted   to   the  United  States  town  of  iiuii 

...  .         J  1  ,   ^         ,  ,  /.I         T     •        ,^         i  ™ay  be  pur- 

ot  America  to  purcliase  two  tracts  ot  land  in  the  town  chased  for 
of  Hull,  coverinu'  parts   of  the  heii2:hts   known  as  Tele-  nationar° 
grai)h  or  Xantaskct  Hill,  and  dishing  Hill,  the  same  to  ^'^^'^"'^''• 
be  used  for  national  defense. 

Section  2.     Jurisdiction  over  the  area  so  purchased  •Turi^diction 

.  -,    ^  granted  to  the 

IS  hereby  granted  and  ceded  to  the  United  States  :  pro-  united  states. 
vidf^d,  (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  land  so  piircliased,  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  crimes  committed  without  the 
said  tracts  of  land  may  be  executed  therein  in  the  same 
manner  a-t  thouirh  this  cession  had  not  been  granted. 


476 


Acts,  1898.  — Chaps.  513,  514. 


Certain  flats 
msiy  be  lilled 
and  occupied. 


To  be  void 
unless  certain 
contlitioris  are 
complied  with. 


Section  3.  The  United  States  government  is  hereby 
authorized,  upon  such  terms  and  conditions  as  shall  be 
prescribed  by  the  harbor  and  land  commissioners,  to 
occupy  and  fill  such  flats  belonging  to  the  Common- 
wealth, and  to  place  such  structures  in  or  over  the  tide 
water  adjacent  to  the  area  herein  authorized  to  be  pur- 
chased as  may  be  necessary  for  the  purposes  for  which 
said  area  is  to  be  used. 

Section  4.  This  act  shall  be  void  unless  a  suitable 
plan  or  plans  of  the  premises  purchased  by  the  United 
States  under  the  provisions  of  this  act  shall  be  deposited 
in  the  office  of  the  secretary  of  the  Commonwealth  within 
one  year  fi'om  the  passage  of  this  act. 

Section  5.     This  act  shall  take  efl'ect  upon  its  passage. 

Ajyproved  June  S,  1898. 


Chap.5\3  An  Act  to  authorize  the  city  of  brockton  to  light  its  cen- 
tral POLICE  STATION  FROM  THE  ELECTRIC  LIGHTING  PLANT  IN 
THE   CITY   HALL. 

Be  it  enacted.,  etc.,  as  follows  : 

Section  1 .  The  city  of  Brockton  is  hereby  authorized 
to  extend  electric  wires  across,  under  or  over  its  puljlic 
way  known  as  City  Hall  Square,  from  its  electric  lighting 
plant  in  the  city  hall  building  to  the  central  police  station 
on  said  way,  for  the  electric  lighting  of  said  police  station. 

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

Approved  June  9,  1898. 


City  of  Brock- 
ton may 
extend  electric 
wires  across  a 
certain  public 
way. 


Chap.ryU^''   Act 


RELATIVE    TO    ENTRIES    FOR     BREACH    OF    CONDITIONS    IN 
DEEDS. 


In  caBPS  of 
breach  of  con- 
ditions in  a 
deed  conveying 
real  estate  an 
entry  may  be 
made  to  revest 
the  title  in  the 
grautor,  etc. 


Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Whenever  real  estate  has  been  conveyed 
by  deed  on  a  condition,  other  than  by  mortgage,  therein 
set  forth,  and  there  has  been  a  breach  of  such  condition, 
an  entry  may  be  made  by  the  grantor,  his  heirs  or  de- 
visees on  the  conveyed  premises,  in  order  to  revest  the 
title  in  the  grantor,  his  heirs  or  devisees,  and  a  certificate 
of  such  entry,  made  and  sworn  to  before  a  justice  of  the 
peace  by  two  competent  witnesses,  and  recorded  within 
thirty  days  of  such  entry  in  the  registry  of  deeds  for  the 
county  or  district  where  the  land  lies,  or  a  dnly  cerlifled 
copy  of  the  record  of  such  certificate  shall,  after  the  ex- 


Acts,  1898.  — Chaps.  515,  516.  477 

piratioii  of  tliroe  years  from  such  entry,  be  admitted  as 
prima  facie  evidence  of  the  fact  of  such  breach  and  entry. 

Section  2.     Whenever  the  grantor  named  in  such  a  when  entry  hae 
deed  of  real  estate  or  tlu;  heirs  or  devisees  of  such  grantor  ,eve8i"titie  in 
have  heretofore  made  an  entry  for  breacli  of  the  condi-  suchentry'etc, 
tions  thereof,  on  the  premises  conveyed,  in  order  to  re-  «iiaii be  prima 

.,'.  J-  I'l-  •  facie  evidence 

vest  the  title  in  such  grantor,  his  heirs  or  devisees,  and  after  expiration 
a  certificate  of  such  entry  has  been  made  and  sworn  to  °  ''^e  years. 
before  a  justice  of  the  })eace  by  two  competent  witnesses, 
and  such  certiticate  has  heretofore  in  I'act  l)een  recorded 
within  thirty  days  of  such  entry  in  the  registry  of  deeds 
for  the  county  or  district  where  the  land  lies,  such  certifi- 
cate or  a  duly  certified  copy  of  the  record  thereof  shall, 
after  the  exjiiration  of  three  years  from  such  entry,  be 
admitted  as  prima  facie  evidence  of  the  fact  of  such 
breach  and  entry. 

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

xipproved  June  9,  1898. 


Chaj).515 


An  Act  to  authorize  the  district  police  to  examine  pawn- 
brokers' BOOKS. 
Be  it  enacted,  etc. ,  as  folloics  : 

Section  six  of  chapter  four  hundred  and  ninety-seven  1895,497,  §6, 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-five  ''™®°''*"^- 
is  hereby  amended  by  inserting  after  the  word  "  police", 
in  the  fourth   line,  the  words  :  —  or  any  member  of  the 
district  police, — so  as  to  read  as  follows:  —  Section  6.  Book  to  be  open 

L'     •  1    1         1        1      11  11  11         •  to  inspection 

Said  book  shall  at  all  reasonable  times  be  open  to  the  in-  by  certain 
spection  of  the  mayor,  the  members  of  the  lioard  of  police,  ^^'^ 
the  superintendent  of  ])olice  and  deputy  superintendents, 
the  chief  inspector  of  police,  or  any  member  of  the  dis- 
trict police,  or  any  person  who  shall  be  duly  authorized 
in  writing  for  that  jiurpose  by  any  or  either  of  them,  and 
who  shall  exhibit  such  written  authority  to  such  pawn- 
broker. Approved  June  9,  1898. 

An    Act    making    appropriations    for    expenses    authorized  (77iar).516 

IHRING  the   present   VEAR,  AND   FOR   CERTAIN   OTHER   EXPENSES 
AUTHORIZED    BY   LAW. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     The  sums  hereinafter  mentioned  are   ap- Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  except  as  herein 


4:78 


Acts,  1898.  — Chap.  516. 


Fuel  and  lights, 
etc.,  at  the  stale 
bouse. 


Employment  of 
liriKoners. 


Corai)en8ation 
of  otticers  and 
men  of  the 
militia. 


Marking 
tiouudary  line 
between  Gay 
Head  and 
Cbilmark. 


Judgment 
against  the 
Commonwealth 
in  favor  of 
Martin  O. 
Bounsville. 


Bradford 
History  of  the 
Plymouth 
I'lantation, 


Investigation  of 
Bunday  labor. 


Boundary  line 
between  Bourne 
and  Warehain. 


otherwise  provided,  for  the  purposes  specified  in  certain 
acts  and  resolves  of  the  present  year,  and  for  certain 
other  expenditures  authorized  by  law,  to  wit :  — 

For  fuel  and  liij^hts  at  the  state  house,  includins:  coal, 
water,  gas,  and  the  removal  of  ashes,  a  sum  not  exceed- 
ing five  thousand  dollars,  the  same  to  be  in  addition  to 
the  twenty-five  thousand  dollars  appropriated  by  chapter 
sixty-two  of  the  acts  of  the  present  year. 

To  carry  out  the  purposes  of  the  act  to  provide  for  the 
employment  of  prisoners  in  making  goods  for  the  use 
of  the  prisons  and  other  public  institutions,  as  provided 
for  by  chapter  three  hundred  and  thirty-four  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  twenty  thousand 
dollars. 

For  compensation  of  officers  and  men  of  the  volunteer 
militia,  to  carry  out  the  provisions  of  chapter  three  hun- 
dred and  forty-eight  of  the  acts  of  the  present  year,  a 
sum  not  exceeding  thirty-seven  thousand  eight  hundred 
dollars,  the  same  to  be  in  addition  to  the  amount  appro- 
priated by  chapter  seventy-two  of  the  acts  of  the  present 
year. 

For  expenses  in  connection  with  marking  the  boundary 
line  between  the  towns  of  Gay  Head  and  Chilmark,  as 
authorized  by  chapter  three  hundred  and  fifty-seven  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  two  thou- 
sand dollars. 

For  the  payment  of  a  judgment  entered  in  the  superior 
court  against  the  Commonwealth  in  favor  of  Martin  O. 
Rounsville,  under  the  provisions  of  section  four  of  chapter 
one  hundred  and  ninety-five  of  the  Public  Statutes,  the  sum 
of  one  hundred  forty-two  dollars  and  twenty-seven  cents. 

So  much  of  the  receipts  from  the  sales  of  the  Bradford 
History  of  the  Plymouth  Plantation  as  may  be  necessary 
is  hereby  appropriated  for  the  payment  of  such  additional 
copies  as  may  be  printed  for  sale,  as  authorized  by  chapter 
sixty-eight  of  the  resolves  of  the  present  year. 

For  expenses  in  connection  with  an  investigation  of 
Sunday  labor,  as  provided  for  by  chapter  four  hundred 
and  two  of  the  acts  of  the  present  year,  a  sum  not  ex- 
ceeding three  thousand  dollars. 

For  expenses  incurred  in  establishing  the  boundary  line 
between  the  towns  of  Bourne  and  Wareham,  as  author- 
ized by  chapter  seventy-three  of  the  resolves  of  the  present 
year,  the  sum  of  seventeen  hundred  dollars. 


Acts,  1898.  — Chap.  516,  479 

For  repairs   and   additions   to  the  United  States  ship  Repairs  to  the 
Minnesota,  as  authorized  by  chapter  seventy-four  of  the     '°°°*°  "' 
resolves  of  the  })resent  year,  a  sum  not  exceeding  twenty- 
five  hundred  doUars. 

For  expenses  in  connection  with  investigatinji:  the  sub-  investigation  of 

..   ,   \  ,  ...  J I         •        1   1         subject  of  labor 

ject  ot  labor  and  co-operative  insurance,  as  authorized  by  aud cooperative 
chapter  seventy-eight  of  the  resolves  of  the  present  year,  ""'"'"""='^- 
a  sum  not  exceeding  one  thousand  dollars. 

For  certain  repairs  and  improvements  at  the  Northamp-  Northampton 

.  i,-i  'J.    ^  j.1'11  li  J         lunatic  hospital. 

ton  lunatic  hospital,  as  authorized  by  chapter  seventy- 
nine  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  forty-live  thousand  dollars. 

For  William  T.  Eaton,  as  authorized  by  chapter  eighty  wmiamT. 
of  the  resolves  of  the  present  year,  the  sum  of  thirteen 
hundred  and  seventy-four  dollars,  to  be  paid  out  of  the 
Mctroi)olitan  Parks  Loan  Fund. 

For  additional  shop  room  at  the  state  prison,  as  author-  Additional 
ized  b}'  chapter  eighty-one  of  the  resolves  of  the  present  the stLteprfson. 
year,  a  sum  not  exceeding  five  thousand  dollars. 

For  certain  improvements  at  the  state  farm,  as  author-  improvements 
ized  by  chapter  eighty-two  of  the  resolves  of  the  present  Lrm! 
year,  a  sum  not  exceeding  twenty-three  thousand  dollars. 

For  the    collection    of  portraits  of  presidents    of  the  Portraits  of 
senate,  as  authorized  by  chapter  eighty-four  of  the  re-  thrsenate." 
solves  of  the  present  year,  a  sum  not  exceeding  five  hun- 
dred dollars. 

For  the  purchase  of  apparatus  to  be  used  at  polling  Apparatus  for 
places  in  the  canvass  and  count  of  votes,  as  authorized  by  count  of  votes. 
chapter  eighty-five  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  five  thousand  dollars. 

For  a  sewerasie  plant  for  the  Danvers  lunatic  hospital,  panyers  lunatic 

I'll!  •     1  •  <•      1  1  •      I        hospital. 

as  authorized  by  chapter  eighty-six  of  the  resolves  ot  the 
l)resont  year,  a  sum  not  exceeding  five  thousand  dollars. 

For  furnishing  the  new  building  at  the  Westborough  westborough 
insane    hosj)ital,  as    authorized    by  chapter   eighty-seven  """*°®   °*^**^ 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
nine  thousand  five  hundred  dollars. 

For  the  purcha.se  of  field  guns  and  equipments  for  the  Field  guns  and 
use  of  the  volunteer  militia,  as  authorized  by  chapter  themuuLf 
eighty-eight  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  fifty-two  thousand  dollars,  to  be  paid  out 
of  the  appropriation  of  five  hundred  thousand  dollars  for 
war  ]mrposes  should  the  said  sum  be  sufficient,  otherwise 
from  the  treasury  of  the  Commonwealth. 


480 


Acts,  1898.  — CJuap.  517. 


Annie  M. 
Brooks. 


Town  of  Plain- 
field. 


International 
exposition  at 
Paris. 


For  Annie  ]M.  lirook^,  us  uuthorizcd  ])y  chapk'i  eighty- 
nine  of  the  resolves  of  the  present  year,  the  sum  of  two 
lliousand  dollars. 

For  the  town  of  Phiinfield,  as  authorized  by  chapter 
ninety  of  the  resolves  of  the  present  year,  the  sum  of 
three  hundred  and  thirty  dollars. 

For  expenses  in  connection  with  the  i)articipation  of  Ihe 
Commonwealth  in  the  international  exposition  at  Paris,  as 
authorized  by  chapter  ninety-one  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  ten  thousand  dollars. 

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

Apjjroved  June  9, 1S9S. 


Chan.>jl7  ^^  -^^'^  relative   to   the   WORCESTER  HIBERNIAN  BUILDING  ASSO- 
CIATION IN  THE   CITY  OF   AVORCESTER. 


1898,  152,  §  2, 
amended. 


Worcester 

Hibernian 

Building 

AsBociation, 

incorporated. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  one  hundred  and 
fifty-two  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-eight  is  hereby  amended  by  adding  at  the  end 
thereof  the  following  words :  — provided,  nevertheless, 
that  if  any  vacancy  in  the  membership  of  said  corpora- 
tion shall  occur  at  any  time  by  reason  of  death,  disability 
or  resignation,  the  vacancy  may  be  filled  by  the  division 
of  said  Ancient  Order  of  Hibernians  whose  representation 
in  said  corporation  is  thus  made  incomplete,  —  so  as  to 
read  as  follows  :  —  Section  2.  The  above-named  persons 
shall  continue  members  of  the  corporation  during  the 
term  of  three  years  from  and  after  the  passage  of  this 
act  and  until  their  successors  shall  l)e  chosen,  as  follows  : 
—  At  the  third  annual  meeting  after  the  passage  of  this 
act  held  by  divisions  one,  three  and  twenty-four  of  the 
Ancient  Order  of  Hil)ernians  of  America  of  AA'orcester, 
each  organization  may  elect  three  members  of  the  cor- 
poration, one  for  one  year,  one  for  two  years  and  one 
for  three  years ;  and  such  organization  may  at  each  an- 
nual meeting  thereafter  elect  one  member  for  the  term 
of  three  years ;  any  other  division  of  the  Ancient  Order 
of  Hibernians  of  America  in  said  Worcester,  now  or 
hereafter  organized  and  recognized  by  the  Massachusetts 
State  Board  of  the  Ancient  Order  of  Hibernians  of 
America,  shall  l)e  likewise  entitled  to  elect  members  of 
the  corporation  in  the  manner  above  described,  upon 
payment  of  such  sum  of  money  to  said  corporation  for 


Acts,  1898.  —  Chaps.  o18,  519,  520.  481 

the  purposes  above  mentioned  in  this  act,  as  said  cor- 
poration shall  by  vote  dotennine :  2)rovidedf  nevertheless^  Proviso, 
that  if  any  vacancy  in  the  membership  of  said  corpora- 
tion shall  occur  at  any  time  by  reason  of  death,  disability 
or  resignation,  the  vacancy  may  be  filled  by  the  division 
of  said  Ancient  Order  of  Hibernians  whose  representation 
in  said  corporation  is  thus  made  incomplete. 

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

Approved  June  9,  1898. 


ChapmS 


An  Act  to  establish  the  salary  of  the  assistant  clekk  ok 
courts  for  the  county  of  norfolk. 

Be  it  enacted,  etc.,  as  folloios : 

Section'  1 .    The  assistant  clerk  of  courts  for  the  county  ABsistant  cierk 
of  Norfolk  shall,  from  and  after  the  first  day  of  January  county  oi  Nor- 
in  the  year  eighteen  hundred  and  ninety-eight,  receive  an  eBtabrishe'd 
annual  salary  of  eighteen  hundred  dollars,  payable  in  the 
manner  now  provided  by  law. 

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

Approved  June  14,  1898. 

An  Act  relative  to  the  seal  and  coat-of-arms  of  the  com-  nj^fjrr.  fijIQ 

MONWEALTH.  ^  ' 

Be  it  enacted,  etc.,  as  folloios: 

Section  1 .    The  coat-of-arms  as  drawn  and  emblazoned  seai  and  coat- 
under  the  direction  of  the  present  secretary  of  the  Com-  Common. 
monwealth,  and  now  deposited  in  the  office  of  said  sec-  ^^^'^^^^' 
retary,  is  hereby  ado})ted  and  declared  to  be  the  official 
representation  of  the  coat-of-arms  of  the  Commonwealth 
of  Massachusetts,  and  all  designs  of  said  coat-of-arms  for 
official  use  shall  conform  strictly  to  said  representation. 

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

Approved  June  14, 1898. 

An  Act  rklative  to  the  compensation  of  the  assistant  reg-  ^1^         r-ctn 

ISTER   OK   PROBATE   AND   INSOLVENCY   FOR  THE    COUNTY    OF    MID-  -^ 

MLF.SEX. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     There  shall  be  paid  to  the  assistant  reg-  compensation 
ister  of  probate  and    insolvency  for  the  county  of  Mid-  regl^tcrof pio- 
dlosex,  in  addition  to  the  salary  already  estab'lished,  the  vencP'onnTy" 
sum  of  live  hundred  dollars  a  year,  to  be  so  allowed  from  of  Middlesex. 


482  Acts,  1898.  — Chaps.  521,  522. 

the  first  day  of  March  in  the  year  eii;hteen  hundred  and 
ninety-eight  until  the  first  day  of  March  in  the  year  nine- 
teen hundred. 

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

Approved  June  14,  1898. 

ChCtn  521   ^^   ^^^^    ^^    PROVIDE   FOR   ADDITIONAL   ASSISTANCE   IN   THE   OFFICE 
OF  THE   AUDITOR   OF   THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  folloivs : 
MeBoengerand        Section  1.     The  auditor  of  the    Common  wealth  may 
anc(' in  office      expcud  for  a  mcsscnger  and  for  such  clerical  assistance 

of  tho  auditor.       •       i   ■  /t»  i  i?         j.i  i  j.    i 

in  his  otnce  as  may  be  necessary  tor  the  proper  despatch 
of  public  business,  a  sum  not  exceeding  five  hundred  dol- 
lars a  year,  in  addition  to  the  amounts  now  authorized  by 
law. 

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

Approved  June  14,  1898. 

(JJiap.52^  An  Act  to  authorize  the  trustees  of  the  medfield  insane 

ASYLUM    TO    ABANDON    AND    SELL    LANDS,   RIGHTS    OF    WAY    AND 
easements  in   LAND   TAKEN   OR   ACQUIRED    liY   THEM. 

Be  it  enacted,  etc.,  as  folloivs: 
TruBtecB  of  the       SECTION  1 .     The  trustces  of  the  Medfield  insane  asv- 

Medtield  insane    ,  iii  j^ii  111  i  i^i 

asylum  may       luiH  may   by  dccd  executed,  acknowledged  and  recorded 

abandon  certain  i.  j.      ii         1  c  ^\        /-i  '  lii  •      i 

lands,  etc.  accordiug  to  thc  laws  ot  the  Lommonwealth,  accompanied 
by  plan  or  survey,  also  to  be  recorded,  abandon  any  i)or- 
tion  of  any  land,  rights  of  way  or  easements  in  land  taken 
or  acquired  by  them,  and  said  al)andonment  shall  revest 
the  title  thereof,  as  if  never  taken,  in  the  persons,  their 
heirs  and  assigns,  in  Avhom  it  was  vested  at  the  time  of 
taking.  Said  abandonment  may  be  pleaded  in  reduction 
of  damages  in  any  suit  therefor  on  account  of  such  taking. 
Said  trustees  may  at  any  time  sell  at  i)iiblic  or  private 
sale  any  ])ortion  of  any  lands,  rights  of  way  or  easements 
in  land,  the  title  to  which  has  been  taken  or  received  or 
ac(]uired  and  paid  for  by  them,  and  may  execute  and  ac- 
knowledge a  deed  thereof,  with  or  without  covenants  of 
title  and  warranty,  all  in  the  name  and  behalf  of  the  Com- 
monwealth, to  the  purchaser,  his  heirs  and  assigns,  and 
upon  the  receipt  of  the  consideration  named  and  upon 
the  terms  agreed  in  said  deed  shall  deliver  the  same  to 
the  said  purchaser.     AH  sums  of  money  received  by  said 


Acts,  1898.  —  Chaps.  523,  524.  483 

trustees  from  such  sale  shall  be  paid  to  the  treasurer  and 
receiver  general  of  the  Commonwealth. 

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

Approved  June  14,  1898. 

An    Act    to    authorize    tiik    county    coMMrssiONERS    of    the  njjfjry^  a^OQ 

COUNTT   OF   BARNSTABLE   TO   VAX  A   SUM   OF   MONEY   TO    SOLOMON  ^  * 

B.   RICH. 

Be  it  enacted,  etc.,  asfolloivs: 

The  county  commissioners  of  the  county  of  Barnstable  soiomon  b. 
are  hereby  authorized  to  pay  to  Solomon  B.  Rich  the  sum 
of  seventy-three  dollars  and  thirty-two  cents,  for  services 
rendered  by  him  as  acting  sheriff  for  said  county  from  the 
fifth  day  of  October  to  the  eighth  day  of  November  in 
the  year  eighteen  hundred  and  ninety-seven. 

Approved  June  14,  1898. 


Rich. 


An  Act  to  authorize  the  town  of  Rutland  to  incur  indebt- 
edness FOR  school  and  OTHER  PURPOSES,  BEYOND  THE  LIMIT 
FIXED  BY   LAW. 


C7iap.524: 


Be  it  enacted,  etc. ,  as  folloios : 

Section  1.     The  town  of  Rutland  may  incur  indebted-  S""!""/ 

.        ''  Kutland  may 

ness  to  an  amount  not  exceeding  twelve  thousand  dollars  acquire  land 
for   the  purpose   of  purchasing   or   acquiring    additional  theieon'^a 
land  for  the  location  of  a  new  public   building   and  for  schooi"piu-'^ 
erecting  on  such  land  and  on  adjoining  land  now  owned  i"^^^^'  '^*'=- 
by  the  town  a  building  for  the  use   of  said  town  which 
shall  contain  school  rooms  capable  of  accommodating  not 
less  than  two  hundred  pupils,  a  town  hall,  a  public  library, 
and  other  suitable  offices  and  conveniences  connected  there- 
with, and  for  grading  the  grounds  around  the  building. 

Section  2.     Said  town  is  hereby  authorized  to  issue.  May  issue nego. 
for  the  indebtedness  incurred  under  this  act,  the  negotiable  "a^ie  notes. 
notes  of  the  town,  payable  in  such  annual   payments  as 
the    selectmen  and   town    treasurer   may  determine,  and 
which  shall  extinguish  said  indebtedness  in  twenty  years 
from  the  date  of  the  passage  of  this  act. 

Section  3.     The  indebtedness  incurred  under  this  act  indebtedness 
shall  not  be  considered   or  reckoned  in  determining  the  connidered  in 
authorized  limit  of  indel)tedness  of  the  town  of  Rutland  debuTmlu^ 
under  the  provisions  of  section  four  of  chapter  twenty- 
nine  of  the  Public   Statutes  and  of  acts  in  amendment 
thereof. 


484  Acts,  1898.  — Chap.  525. 

!^oD8ofuwto        Section  4.     Except  as  herein  otherwise  provided  the 
apply-  provisions  of  chapter  twenty-nine  of  the  Public  Statutes 

and  of  acts  in  amendment  thereof  shall  apply  to  the  issue 
of  said  notes.  Approved  June  14, 1898. 

Chap.525  ^^  ^^^  '^^  PROVIDE  FOR  THE  PAYMENT  OF  BOUNTIES  TO  MASSA- 
CHUSETTS SOLDIERS  FROM  THE  TREASURY  OF  THE  COMMON- 
AVEALTH   IN   CERTAIN   CASES. 

Be  it  enacted,  etc.,  as  follows: 

commisBion  to  Section  1.  The  auditor,  the  secretary  of  the  (^om- 
for  unpaid  mouwcalth,  and  the  adjutant  general,  shall  constitute  a 
commission  to  act  upon  claims  for  unpaid  bounties  pre- 
sented by  honorably  discharged  veterans  of  the  late  war 
for  the  suppression  of  the  rei>ellion,  who  were  at  the  time 
of  their  enlistment  and  muster  into  the  United  States 
service  residents  of  Massachusetts,  or  presented  by  the 
widows  or  minor  orphan  children,  or,  in  case  there  be 
no  such  widow  or  minor  orphan  children,  by  the  depend- 
ent mother  or  father  of  such  veterans.  In  cases  where 
said  commission  find,  upon  evidence  satisfactory  to  them, 
which  evidence  must  in  all  cases  be  furnished  by  the 
claimant  or  claimants  themselves,  that  the  veteran  in 
whose  name  the  claim  is  presented  was  promised  a  bounty 
for  military  or  naval  service  by  vote  of  any  city  or  town 
in  this  Commonwealth  prior  to  the  ninth  day  of  April  in 
the  year  eighteen  hundred  and  sixty-five,  that  said  veteran 
duly  complied  with  the  conditions  under  which  said  bounty 
was  to  be  paid  and  that  said  bounty  has  not  lieen  paid, 
they  ma}'"  certify  that  the  bounty  should  l)e  ])aid  from  the 
treasury  of  the  Commonwealth  to  said  veteran  or  to  his 
widow  or  minor  orphan  children;  or,  in  case  there  be  no 
widow  or  minor  orphan  children,  to  the  dependent  mother 
or  father  of  such  veteran,  and  thereupon  said  claim  shall 
be  allowed  and  paid  in  the  same  manner  as  other  claims 
against  the  C/ommonwealth  ;  the  intent  of  this  act  being 
to  fulfil  all  such  ])romises  of  bounty  by  cities  and  towns 
in  accordance  with  the  terms  thereof,  except  as  herein- 
after ])rovided,  whether  such  promises  were  at  the  time 
Proviso.  valid  in   law  or  not :  provided,  however,  that  no  bounty 

shall  be  allowed  or  paid  to  or  on  account  of  any  veteran 
who  Avas  not  a  resident  of  Massachusetts  at  the  time  of 
his  enlistment  and  muster  into  the  service  of  the  United 
States,  and  who  was  not  credited  to  the  quota  of  the  city 


Acts,  1898.  — Chap.  525.  485 

or  town  under  whose  promise  the  bounty  is  claimed,  ex- 
cept veterans  who  enlisted  from  a  city  or  town  promising 
a  l)ounty  but  were  assigned  to  the  quota  of  a  city  or  town 
by  which  no  bounty  was  jironiised  or  paid ;  and  provided^  Proviso. 
further^  that  no  bounty  shall  be  allowed  or  paid  to  or  on 
account  of  any  conscript  or  substitute,  and  that  in  no 
case  shall  there  be  allowed  and  paid  under  this  act  an 
amount  greater  than  one  hundred  and  twenty-tive  dollars 
to  any  claimant. 

Section  2.     The  findings  of  said  commission  shall  be  Findings. 
final. 

Section  3.     City  and  town  clerks,  and  city  and  town  city  and  town 
treasurers  shall,  upon  the  request  of  the  claimant  or  said  finnisii''certui'n 
commission,  furnish  the  commission  with  a  copy  of  the  "Jfoimution. 
vote  of  the  city  or  town  whereby  the  bounty  was  voted 
under  which  a  claim  is  made,  with  lists  of  all  persons  to 
whom  bounties  have  been  paid  by  their  respective  cities 
and  towns,  together  with  the  amount  paid  to  each  person. 

Section  4.     The  amounts  allowed  under  this  act  shall  amoums  °^ 
be  paid  only  to  the  person  named  in  the  certificate  of  allowed. 
allowance  or  to  his  executor  or  administrator. 

Section  5.     No  claims  shall  be  allowed  under  this  act  Time  for  pres- 

1  •  I  /»  1  /•   TV-'  1  •       eiitation  ot 

unless  presented  prior  to  the  first  day  ot  ^November  in  claims  limited. 
the  year  eighteen  hundred  and  ninety-eight ;  but  claims 
already  filed  under  the  provisions  of  chapter  one  hundred 
and  seventy-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven  shall  be  construed  as  filed  under  this  act. 

Section  6.     Said  commission  may  expend  for  clerical  pj^.'"g'j^Qgg 
assistance  and  for  such  expenses  as  may  be  necessary  in 
carrying  out  the  provisions  of  this  act  a  sum  not  exceed- 
ing one  thousand  dollars. 

Section  7.     The  fee  for  the  prosecution  of  a  claim  for  Feeforproae- 
a  bounty  under  this  act  shall  not  exceed  the  sum  of  five  •="""^<=^'"'- 
dollars  ;  and  the  fee  agreed  upon  between  the  parties,  not 
exceeding  said  amount,  shall  be  paid  to  the  attorney  or 
other  person  entitled  thereto,  out  of  the  bounty  allowed, 
on  the  certificate  of  the  commission  allowing  said  claim. 
Any  attorney  or  other  person  Avho  demands  or  receives  Penalty. 
for  his  services  any  greater  compensation  than  the  sum 
above  specified  shall   be  guilty  of  a  misdemeanor,  and 
shall,    for  every   such   oftence,   be  punished   by  fine   not 
exceeding  one  hundred   dollars   or  by  imprisonment   at 
hard   labor  not  exceeding  six   months,  or  by  both  such 
tine  and  imprisonment. 


^86 


Acts,  1898.  — Chaps.  526,  527. 


Repeal. 


Section  8.  Chapters  one  hundred  and  seventy-nine 
and  three  hundred  and  ninety-nine  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-seven  are  hereby  repealed. 

Approved  June  14,  1898. 


Cha7).52iQ  ^^  ^"^"^   '^'^   authorize  cities   anu   towns   to    make    certain 

TEMPORARY   LOANS. 


Cities  and 
towns  may 
inakc  tempo- 
rary loans  in 
anticipation  of 
receipts  from 
sale  of  bonds, 
etc. 


Proviso. 


Be  it  enacted,  etc.,  asfolloios: 

Section  1.  Whenever  any  city  or  town  has  voted 
to  issue  any  bonds,  notes,  scrip  or  other  certificates  of 
indebtedness,  in  accordance  with  the  laws  relating  to 
municipal  indebtedness,  the  proper  officer  or  officers  au- 
thorized to  negotiate  such  bonds,  notes,  scrip  or  other 
certificates  of  indebtedness  may,  in  the  name  of  such 
city  or  town,  make  a  temporary  loan  for  a  term  not  ex- 
ceeding one  year,  in  anticipation  of  the  moneys  to  be  de- 
rived from  the  sale  of  such  bonds,  notes,  scrip  or  other  cer- 
tificates of  indebtedness  :  provided,  however,  that  the  time 
within  which  said  bonds,  notes,  scrip  or  other  certificates 
of  indebtedness  shall  become  due  and  payable  shall  not 
be  extended  by  reason  of  the  making  of  such  temporary 
loan,  beyond  the  time  fixed  in  the  vote  authorizing  the 
issue  of  such  bonds,  notes,  scrip  or  other  certificates  of 
indebtedness. 

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

Approved  June  14,  1898. 


Chan  527  -^^  -^^^  "^^  provide  for  the  appointment  of  CONSERVATORS 
OP  THE  PROPERTY  OF  AGEI>  PERSONS  WHO  ARE  UNABLE  TO 
CARE  THEREFOR. 


Conservators 
of  property  of 
atjed  persons 
in  certain  cases. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  When  a  person  becomes  incapacitated  by 
reason  of  advanced  age  to  properly  care  for  his  property 
the  probate  court  of  the  county  in  which  he  resides  may, 
on  the  petition  of  such  person  or  of  one  or  more  of  his 
friends,  appoint  a  conservator  of  his  property.  Upon  the 
filing  of  such  petition  the  court  shall  appoint  a  time  and 
place  of  hearing,  and  shall  cause  at  loa.st  fourteen  days' 
notice  thereof  to  be  given  to  the  })crson  for  whom  a  con- 
servator is  to  be  appointed,  if  he  is  not  the  petitioner. 
If  at  said  hearing  it  appears  that  such  person  is  incapable 
of  properly  caring  for  his  property  a  conservator  shall  be 


Acts,  1898. —Chaps.  528,  529.  487 

appointed,  who  shall  have  the  change  and  management  of 
said  property,  subject  to  the  direction  of  said  court. 

Section  2.     Such  conservator  shall  give  a  bond  as  re-  Bond  to  be 
quired  in  the  case  of  guardians  of  insane  persons,  and  all  ^'^^"* 
provisions  of  law  relating   to  the  management,  sale    or 
mortgage  of  the  property  of  insane  persons  shall  apply 
to  such  conservators. 

Section  3.     This  act  shall  take  eft'ect  upon  its  passage. 

A2)proved  June  14^  1898. 

An  Act  relative  to  state  highways.  Ohnn  ^^28 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  four  hundred  and  ^^^^11^^^'^^' 
seventy-six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  hereby  amended  by  striking  out  all  after 
the  word  "  removal",  in  the  fourteenth  line,  and  inserting 
in  place  thereof  the  following: — They  shall  each  receive,  compenaation 
in  full  compensation  for  their  services,  an  annual  salary  way^com^nisi 
of  two  thousand  dollars,  payable  in  equal  monthly  instal-  "onera.etc, 
ments,  and  also  their  travelling  expenses,  and  they  may 
expend  annually  for  clerk  hire,  engineers,  and  for  defraying 
expenses  incidental  and  necessary  for  the  performance  of 
their  duties,  exclusive  of  office  rent,  such  sum  as  the  legis- 
lature shall  from  time  to  time  appropriate.     All  of  these 
sums  shall  be  paid  from  the  treasury  of  the  Commonwealth. 
They  shall  be  provided  with  an  office  in  the  state  house  or 
some  other  suitable  place  in  the  city  of  Boston,  in  which 
the  records  of  their  office  shall  be  kept.    They  may  establish 
rules  and  regulations  for  the  conduct  of  business  and  for 
carrying  out  the  provisions  of  the  difterent  acts  governing 
the  state  highway  commission. 

Section  2.     All  acts  and  parts  of  acts  inconsistent  with  Repeal, 
this  act  are  hereby  repealed. 

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

Approved  June  14 ^  1898. 

An    Act    to   legalize    ai'Propriations   heretofore   made    by  (JJiart.^^'d 

CITIES   AND   TOWNS   FOR   THE    BENEFIT   OF    SOLDIERS   AND    SAILORS 
IN   THE   PRESENT   WAR   WITH    SPAIN. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     Anv  appropriation  alreadv  made  bv  any  certain  appro- 

.  ,■        ,  1      ■  1  ,.,       /•  ,     "•  ii  'I'i,      *     priations  by 

citv  or  town  for  the  boueht  of  persons  entermg  the  mibtarv  cities  ana 
and  naval  service  of  the  United  States  or  of  this  Common-  '"^^"^ '«s''"'-«'J- 


488  Acts,  1808.  — Chaps.  5.%,  531. 

wealth,  in  the  present  war  with  Spain,  or  for  the  benefit 
of  the  families  of  such  persons,  is  hereby  legalized  and 
confirmed. 

Section  2.     This  act  shall  take  effect  u})on  its  passage. 

Approved  June  14,  1898. 

Ch(ip.530  An  Act  to  increase  the  amount  of  money  to   be  placed  at 

THE     DISPOSAL    OF    THE     METROPOLITAN     I'AKK     COMMISSION    FOR 
GENERAL  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

p&Tk"JholT  Section  1.     Tlie  metropolitan  park  commission,  created 

by  chapter  four  hundred  and  seven  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three,  for  the  purpose  of 
carrying  out  the  provisions  of  said  act  and  of  all  acts  in 
amendment  thereof  or  in  addition  thereto,  including  chap- 
ters four  hundred  and  eighty-three  and  five  hundred  and 
nine  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four,  and  chapter  four  hundred  and  fifty  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five,  may  expend  tlie 
further  sum  of  one  million  dollars  in  addition  to  all  sums 
heretofore  authorized  to  be  expended  by  it ;  and  to  meet 
expenditures  incurred  under  authority  of  this  act  the 
treasurer  and  receiver  general  shall  issue  a  corresponding 
amomit  of  scrip  or  certificates  of  indebtedness  as  an  addi- 
tion to  the  Metr()|)o]itan  Parks  Loan,  and  shall  add  to  the 
existing  sinking  fund  heretofore  authorized  to  provide  for 
the  payment  of  the  same.  Said  scrip  or  certificates  of 
indebtedness  shall  be  issued  and  additions  to  said  sinking 
fund  so  established  shall  be  assessed  and  collected  in  ac- 
cordance 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.     This  act  shall  take  efiect  upon  its  passage. 

Approved  June  14,  1898. 

(7Att7?.531   ^^  ^^^  ^^   AUTHORIZE  THE   CONSTRUCTION  OF   A    DAM   ACROSS  THE 
CHARLES  RrVER,  BETWEEN  THE  CITIES  OF  BOSTON  AND  CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follotcs  : 
Motropoiitan  Section  1.     Thc  boai'd  of  metropolitan  ijark  commis- 

8ioner«may       sioncrs,  coustitutcd  uiidcr  the  authority  of  chapter  four 


I 


Acts,  1898.  — Char  5P>1.  489 

hundred  and  seven  of  the  acts  of  the  year  eighteen  hun-  construct  a 
(Ired  and  ninety-three,  is  hereby  authorized  and  directed  ouaHesriver. 
lo  construct  and  maintain  a  dam,  with  a  suitable  loclv  or 
locks,  across  the  CharU^s  river,  from  a  point  at  or  about 
the  intersection  of  Saint  Mary's  street  extended  in  tlie  city 
of  Boston  with  said  river,  and  a  point  in  Cambridge  nearly 
opposite  Saint  Mary's  street  extended,  and  for  tin's  purpose 
may  exercise,  in  addition  to  the  powers  herein  conferred, 
all  the  powers  conferred  upon  said  board  by  said  cha})ter 
four  luindred  and  seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three  and  all  acts  in  amendment  thereof 
and  in  addition  thereto.  Said  board  is  authorized  to  apply 
for  and  take  all  necessary  steps  to  obtain  the  approval  of 
the  secretary  of  war  or  other  proper  authority  of  the  United 
States  for  carrying  out  the  purposes  of  this  act.  Each 
member  of  said  board  shall  be  paid  his  actual  travelling 
exi)enses  and  all  such  other  expenses  as  may  be  incurred 
by  him  in  the  performance  of  his  duties  under  this  act, 
and  also  any  such  compensation  for  services  when  absent 
from  the  Commonwealth  as  shall  be  allowed  by  the  gov- 
ernor and  council. 

Section  2.  To  meet  the  expenses  incurred  under  the  chariea  River 
provisions  of  this  act  the  treasurer  and  receiver  general  Loiui?^*^™^"' 
shall,  with  the  approval  of  the  governor  and  council,  issue, 
scrip  or  certificates  of  debt  in  the  name  and  behalf  of 
the  Commonwealth  and  under  its  seal,  to  an  amount  not 
exceeding  five  hundred  thousand  dollars,  for  a  term  not 
exceeding  forty  years,  such  scrip  or  certificates  of  debt  to 
l>e  issued  at  such  times,  within  one  year  after  the  approval 
by  the  United  States  government  of  the  building  of  said 
dam,  as  the  treasurer  and  receiver  general  shall  determine. 
S:ii(l  scri])  or  certificates  of  debt  shall  be  issued  as  regis- 
tered bonds  or  with  interest  coupons  attached,  shall  bear 
interest  at  a  rate  not  exceeding  four  per  cent,  per  annum, 
payable  semi-annually  on  the  first  days  of  January  and 
July  in  each  year,  shall  be  designated  on  their  face  as  the 
Charles  River  Improvement  Loan,  shall  be  countersigned 
by  the  governor  and  shall  be  deemed  a  pledge  of  the  faith 
and  credit  of  the  Commonwealth ;  and  the  principal  and 
interest  shall  l)e  paid  at  the  time  specified  therein  in  gold 
coin  of  the  United  States  ;  and  said  scrip  or  certificates  of 
debt  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  rate  above-specified,  as  the  governor  and  council  shall 


490  Acts,  1898.  —  Chap.  531. 

deem  best.  The  treasurer  and  receiver  general  shall  on 
issuing  any  of  said  scrip  or  certificates  of  debt  establish  a 
sinking  fund  and  apportion  an  amount  to  be  paid  thereto 
each  year  sufficient  with  its  accumulations  to  extinguish 
the  debt  at  maturity.  Any  premium  realized  on  the  sale 
of  said  scrip  or  certificates  of  debt  shall  be  applied  to  the 
payment  of  the  interest  on  said  loan  as  it  accrues. 
coramiBBioners  SECTION  3,  The  suppcmc  ludicial  court  sitting  in  equity 
proportion  of  shall,  ou  the  application  of  said  board  and  after  notice  to 
boruebV  each  the  citlcs  of  Bostoii,  Cambridge,  Newton,  and  the  town 
rnterestedu^"  of  Watcrtown,  ap])oint  three  commissioners,  who  shall  not 
be  residents  of  said  cities  or  town,  who  shall  after  due 
notice  and  hearing  and  in  such  manner  as  they  shall  deem 
best  and  equitable  determine  the  proportion  in  which  said 
cities  and  town,  respectively,  shall  annually  pay  money 
into  the  treasury  of  the  Commonwealth  for  the  term  of 
five  years  next  following  the  year  of  the  first  issue  of 
said  scrip  or  certificates  of  debt,  to  meet  the  interest 
and  sinking  fund  requirements  for  each  of  said  years  as 
estimated  by  the  treasurer  of  the  Commonwealth,  and  to 
meet  the  expenses  of  maintenance  of  said  dam  as  estimated 
by  said  board  and  certified  by  said  treasurer,  and  any  de- 
ficiency in  the  amount  previously  paid  in  as  found  by  said 
treasurer,  and  shall  return  their  award  into  said  court; 
and  when  said  award  shall  have  been  accepted  by  said 
court  the  same  shall  be  a  final  and  conclusive  adjudication 
of  all  matters  herein  referred  to  said  commissioners,  and 
shall  be  binding  on  all  parties.  Before  the  expiration  of 
said  term  of  five  years,  and  every  five  years  thereafter, 
three  such  commissioners  shall  again  be  appointed  as 
aforesaid,  with  the  same  duties  and  powers  with  reference 
to  the  next  succeeding  term  of  five  years. 
Treasurer  and        SECTION  4.     The  amouiit  of  mouey  required  cach  vcar 

receiver  general    .  ,,  _,  ,  •!/»  i.  /ji 

to  estimate  froiu  cach  City  and  town  fierein before  named  to  meet  the 
reqX'ed  each  iutercst  aiid  siiikiiig  fund  requirements  and  expenses  afore- 
cuy'^/ndtowul'  ^^^id  for  eacli  year,  and  deficiency,  if  any,  shall  be  estimated 
by  the  treasurer  of  the  Commonwealth  in  accordance  with 
the  proportion  determined  as  aforesaid,  and  shall  be  in- 
cluded in  and  made  a  part  of  the  sum  charged  to  such 
city  or  town,  and  be  assessed  upon  it  in  the  apportionment 
and  assessment  of  its  annual  state  tax  ;  and  said  treasurer 
shall  in  each  year  notify  each  city  and  town  of  the  amount 
of  such  assessment,  and  the  same  shall  be  paid  by  the  city 
or  town  into  the  treasury  of  the  Commonwealth  at  the 


Acts,  1898.  — Chap.  532.  491 

time  required  for  the  payment  and  as  a  part  of  its  state 
tax. 

Section  5.      The  supreme  judicial    court   shall    have  supreme  judi- 

•        •     T    ,•  •  •!_      A  i>  J.I  •    •  L' A.\  •  j_      clal  court  to 

jurisdiction  in  equity  to  entorce  the  provisions  ot  this  act,  enforce  provi- 
and  shall  tix  and  determine  the  compensation  of  all  com-  ac^"**  "^ '*"* 
missioners  appointed  by  said  court  under  the  provisions 
hereof. 

Section  G.     No  action  shall   be  taken  relative  to  the  pianstobe 
construction  and  maintenance  of  said  dam,  under  the  pro-  thi'hT'rbo.^and 
visions  of  this  act,  until  all  plans  therefor  have  been  duly  ilonersr'"" 
submitted  to  the  board  of  harbor  and  land  commissioners 
and  received  the  approval  of  said  board. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jane  14,  1898. 

An  Act  to  authorize  the  dissolution  of  the  first  congre-  /^7,^^  /^JQO 

GATIONAL    SOCIETY    IN    FAIRHAVEN,    AND    A    CONVEYANCE    OF    ITS  ^' 

property     to     the     first    congregational    church     of     FAIR- 
HAVEN,   MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The  First  Congregational  Society  in  Fair-  May  convey  its 
haven  is  hereby  authorized  to  convey  to  the  First  Con-  ng^hts',  etc. 
gregational  Church  of  Fairhaven,  Massachusetts,  all  the 
property,  rights,  privileges  and  franchises  of  said  society, 
by  deed  of  conveyance  to  be  authorized  by  a  vote  of  said 
society  at  a  meeting  called  for  the  purpose,  and  also  ac- 
cepted by  said  church   in  writing,  under  authority  of  a 
vote  of  said  church  at  a  meeting  called  for  the  purpose, 
and  acknowledged  and  recorded  in  the  registry  of  deeds 
for  the  southern  district  of  the  county  of  Bristol.     Upon  upon  execution 
the  execution  and  record  of  such  conveyance  said  First  soc'ietJ^oTe^ 
Congregational    Society   in    Fairhaven    shall   be   thereby  dissolved. 
dissolved  and  discontinued  as  a  separate  corporation,  and 
all  the   rights,  powers,  privileges  and  property  of  said 
First  Congregational  Society  in  Fairhaven  shall  be  vested 
in  said  First  Congregational  Church  of  Fairhaven,  Mas- 
sachusetts, subject  to  the  same  uses  and  trusts  as  when 
held  by  said  society  ;  and  said  church  shall  thereby  assume 
all  the  liabilities  and  obligations  of  said  society. 

Section'  2.     Any  person  claiming  to  be  aggrieved  by  Persons ag- 
the   ])rovisions   of  this  act  may  at  any  time   within   six  fppr/fo"dam- 
montlis  after  such  conveyance  is  duly  recorded  apply  by  »^'e«.etc- 
petition  to  the  superior  court  for  the  county  of  Bristol, 


492 


Acts,  1898.  — Chap.  r>33. 


and  the  damages,  if  any,  shall  be  assessed  and  determined 
by  and  under  the  direction  of  said  court,  and  shall  be  paid 
to  said  claimant  by  said  First  Congregational  Church  of 
Fairhaven,  Massachusetts . 

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

Approved  June  14,  1898. 

Ghar)  533  ^^  ^^^  relative  to  negotiable  instruments. 

Be  it  enacted,  etc.,  as  foUoics : 

Negotiable  Instruments  in  General. 


Negotial)le 
inBtniments, 
form,  etc. 


Sum  payable. 


Order  or  prom- 
ise to  pay. 


FORM    AND    INTERPRETATION. 

Section  1.  An  instrument  to  be  negotiable  must  con- 
form to  the  following  requirements  :  — 

1.  It  must  be  in  writing  and  signed  by  the  maker  or 
di'awer ; 

2.  Must  contain  an  unconditional  promise  or  order  to 
pay  a  sum  certain  in  money ; 

8.  Must  be  payable  on  demand  or  at  a  fixed  or  deter- 
minable future  time ; 

4.  Must  be  payable  to  order  or  to  bearer ;  and 

5.  Where  the  instrument  is  addressed  to  a  drawee  he 
must  be  named  or  otherwise  indicated  therein  with  reason- 
able Certainty. 

Section  2.  The  sura  payable  is  a  sum  certain  within 
the  meaning  of  this  act,  although  it  is  to  l)e  paid: 

1 .  With  interest ;  or 

2.  B}'  stated  instalments  ;  or 

3.  By  stated  instalments,  with  a  provision  that,  upon 
default  in  payment  of  any  instahnent  or  of  interest,  the 
whole  shall  become  due  ;  or 

4.  AVith  exchange,  whether  at  a  fixed  rate  or  at  a  cur- 
rent rate  ;    or 

5.  With  costs  of  collection  or  an  attorney's  fee,  in 
case  payment  shall  not  be  made  at  maturity. 

Section  3.  An  untjualified  order  or  promise  to  pay 
is  unconditional  within  the  meaning  of  this  act,  though 
coupled  with : 

1.  An  indication  of  a  particular  fund  out  of  which 
reimbursement  is  to  be  made,  or  a  particular  account  to 
1)e  debited  with  the  amount ;  or 

2.  A  statement  of  the  transaction  which  gives  rise  to 
the  instrument. 


Acts,  1898.  —  Chap.  533.  493 

But  an  order  or  promise  to  pay  only  out  of  a  particular 
fund  is  not  unconditional. 

Section  4.     An  instrument  is  payable  at  a  determin-  Timcofimy- 
able  future  time,  Avithin  the  meaning  of  this  act,  which  is 
expressed  to  be  payal)Ie  : 

1.  At  a  tixed  period  after  date  or  sight ;  or 

2.  On  or  before  a  tixed  or  determinable  future  time 
specified  therein ;  or 

8.  On  or  at  a  fixed  period  after  the  occurrence  of  a 
specified  event,  which  is  certain  to  happen,  though  the 
time  of  happening  is  uncertain. 

An  instrument  payable  upon  a  contingency  is  not  ne- 
gotiable, and  the  happening  of  the  event  does  not  cure 
the  defect. 

Section  5.     An  instrument  which  contains   an  order  Negotiable 
or  promise  to  do  any  act  in  addition  to  the  payment  of  hiXumMt  not 
money  is  not  negotiable.     But  the  negotiable  character  tairlfrovisions. 
of  an  instrument  otherwise  negotiable  is  not  aiFected  by  a 
provision  which  : 

1.  Authorizes  the  sale  of  collateral  securities  in  case 
the  instrument  is  not  paid  at  maturity  ;  or 

2.  Authorizes  a  confession  of  judgment  if  the  instru- 
ment is  not  paid  at  maturity  ;  or 

3.  Waives  the  benefit  of  any  law  intended  for  the  ad- 
vantage or  protection  of  the  obligor ;  or 

4.  Gives  the  holder  an  election  to  require  something 
to  be  done  in  lieu  of  pa3'ment  of  mone3\ 

But  nothing  in  this  section  shall  validate  any  provision 
or  stipulation  otherwise  illegal. 

Section  (i.     The  validity  and  negotiable  character  of  same  subject. 
an  instrument  are  not  afl'ected  by  the  fact  that : 

1.  It  is  not  dated  ;  or 

2.  Does  not  specify  the  value  given,  or  that  any  value 
has  been  given  therefor  ;  or 

3.  Does  not  specify  the  place  where  it  is  drawn  or 
the  place  where  it  is  payable  ;  or 

4.  Bears  a  seal ;  or 

5.  Designates  a  particular  kind  of  current  money  in 
which  payment  is  to  be  made. 

But  nothing  in  this  section  shall  alter  or  repeal  any 
statute  requiring  in  certain  cases  the  nature  of  the  consid- 
eration to  l)e  stated  in  tiie  instrument. 

Section  7.     An  instrument  is  pavable  on  demand  :         inRtmment 

-iiri  •      .  till  1  1  payable  OQ 

1.      >V  here  it  is  expres.sed  to  be  payal)ie  on  demand,  or  demand. 
at  sight,  or  on  presentation  ;  or 


494 


Acts,  1898.  — Chap.  533. 


Payable  to 
order. 


Payable  to 
bearer. 


Terme  which 
indiciite  inten- 
tion to  conform 
to  law  suffi- 
cient. 


Date  of  making, 
drawing,  etc. 


Not  invalid  if 
ante-dated,  etc. 


Holder  of  cer- 
tain instru- 
ments may 
Insert  date,  etc. 


2.     In  which  no  time  for  payment  is  expressed. 

Where  an  instrument  is  issued,  accepted  or  indorsed, 
when  overdue,  it  is,  as  regards  the  person  so  issuing, 
accepting,  or  indorsing  it,  payable  on  demand. 

Section  8.  The  instrument  is  payable  to  order  where 
it  is  drawn  payable  to  the  order  of  a  specified  person  or 
to  him  or  his  order.  It  may  be  drawn  paya])le  to  the 
order  of: 

1.  A  payee  who  is  not  maker,  drawer,  or  drawee;  or 

2.  The  drawer  or  maker ;  or 

3.  The  drawee  ;  or 

4.  Two  or  more  payees  jointly  ;  or 

5.  One  or  some  of  several  payees  ;  or 

G.     The  holder  of  an  office  for  the  time  being. 

Where  the  instrument  is  payable  to  order  the  payee 
must  be  named  or  otherwise  indicated  therein  with  reason- 
able certainty. 

Section  9.     The  instrument  is  payable  to  l)earer : 

1.  When  it  is  expressed  to  be  so  payable  ;  or 

2.  When  it  is  payable  to  a  person  named  therein  or 
bearer ;  or 

3.  When  it  is  payable  to  the  order  of  a  fictitious  or 
non-existing  person,  and  such  fact  was  known  to  the  per- 
son making  it  so  payable  ;  or 

4.  When  the  name  of  the  payee  does  not  purport  to 
be  the  name  of  any  person  ;  or 

5.  When  the  only  or  last  indorsement  is  an  indorse- 
ment in  blank. 

Section  10.  The  instrument  need  not  follow  the  lan- 
guage of  this  act,  but  any  terms  are  sufficient  which 
clearly  indicate  an  intention  to  conform  to  the  require- 
ments hereof. 

Section  11.  Where  the  instrument  or  an  acceptance 
or  any  indorsement  thereon  is  dated  such  date  is  deemed 
prima  facie  to  be  the  true  date  of  the  making,  drawing, 
acceptance,  or  indorsement,  as  the  case  may  be. 

Section  12.  The  instrument  is  not  invalid  for  the 
reason  only  that  it  is  ante-dated  or  post-dated,  provided 
this  is  not  done  for  an  illegal  or  fraudulent  ]Hirpose.  The 
person  to  whom  an  instrument  so  dated  is  delivered  ac- 
quires the  title  thereto  as  of  the  date  of  delivery. 

Section  13.  AVhere  an  instrument  expressed  to  be 
payable  at  a  fixed  period  after  date  is  issued  undated,  or 


Acts,  1898.  — Chap.  538.  495 

where  the  acceptance  of  an  instrument  payable  at  a  fixed 
period  after  sight  is  undated,  any  holder  may  insert 
therein  the  true  date  of  issue  or  acceptance,  and  the  in- 
strument shall  be  payable  accordingly.  The  insertion  of 
a  wrong  date  does  not  avoid  the  instrument  in  the  hands 
of  a  suJ)se(iuent  holder  in  due  course ;  but  as  to  him  the 
date  so  inserted  is  to  be  regarded  as  the  true  date. 

Section    14.      Where   the   instrument   is    wanting   in  incomplete 
any  material  particular  the  person  in  possession  thereof  may  becom- 
has  a  prima  facie  authority  to  complete  it  by  tilling  up  the  J^in'tn  posset 
blanks  therein.     And  a  sis^nature  or  a  blank  paper  de-  *"«"  >°  certain 
livered  by  the  person  making  the  signature,  in  order  that 
the  paper  may  be  converted  into  a  negotiable  instrument, 
operates  as  a  prima  facie  authority  to  till  it  up  as  such  for 
any  amount.     In  order    however   that  any   such   instru- 
ment when  completed  may  be  enforced  against  any  person 
who   became  a  party  thereto  prior  to  its  completion,  it 
nuist  be  filled  up  strictly  in  accordance  with  the  authority 
given,  and   within  a  reasonable  time.     But  if  any  such 
instrument,  after  completion,  is  negotiated  to  a  holder  in 
due  course,  it  is  valid  and  effectual  for  all  purposes  in  his 
hands,  and  he  may  enforce  it  as  if  it  had  been  filled  up 
strictly  in  accordance  with  the  authorit}'  given,  and  within 
a  reasonable  time. 

Section  15,     Where  an  incomplete  instrument  has  not  incomplete 
lieen  delivered  it  will  not,  if  completed  and  negotiated  delivered  not  a' 
without  authority,  be  a  valid  contract  in  the  hands  of  any  in  certarn'^ases. 
holder,  as  against  any  person  whose  signature  was  placed 
thereon  before  delivery. 

Section   16.     Every  contract  on  a  negotiable  instru- contract  on  a 
ment  is   incom])lete  and  revocable  until  delivery  of  the  "t'lum'entln" 
instrument  for  the  pur|)Ose  of  giving  effect  thereto.     As  deUve'rytetc!'^ 
between  immediate  }xirties,  and  as  regards  a  remote  party 
other  than  a  holder  in  due  course,  the  delivery,  in  order 
to  be  effectual,  must  be  made  either  by  or  under  the  au- 
thority of  the  party  making,  drawing,  accepting  or  indors- 
ing, as  the  case  may  be  ;  and  in  such  case  the  delivery 
may  be  shown  to   have  been  conditional,  or  for  a  S[)ecial 
purpose  only,  and  not  for  the  purj^ose  of  transferring  the 
])ropcrty  in  the  instrument.     But  where  the  instrument  is 
in  tho  hands  of  a  holder  in  due  course  a  valid  delivery 
thereof  by  all   partios   |)iior  to  him  so  as  to  make  them 
liable  to  him   is  conclusively  presumed.     Where  the  in- 


i9G 


Acts,  1898.  — Chap.  533. 


Rules  to  apply 
where  language 
is  anibiguouB, 
etc. 


Liability  of 
certain  person s 
on  iDBtrument. 


Signature  may 
be  made  by 
ftgcnt. 


Person  signing 
as  agent,  etc., 
not  liable. 


strumont  is  no  longer  in  the  possession  of  a  party  whose 
signature  appears  thereon  a  valid  and  intentional  delivery 
by  him  is  presumed  until  the  contrary  is  proved. 

Section  17.  Where  the  language  of  the  instrument  is 
ambiguous,  or  there  are  omissions  therein,  the  following 
rules  of  construction  apply  : 

1.  Where  the  sum  payable  is  expressed  in  words  and 
also  in  figures  and  there  is  a  discrepancy  between  the  two 
the  sum  denoted  by  the  words  is  the  sum  payable ;  but  if 
the  words  are  ambiguous  or  uncertain  reference  may  be 
had  to  the  figures  to  fix  the  amount ; 

2.  Where  the  instrument  provides  for  the  payment  of 
interest,  without  specifying  the  date  from  which  interest 
is  to  run,  the  interest  runs  from  the  date  of  the  instru- 
ment, and  if  the  instrument  is  undated,  from  the  issue 
thereof ; 

3.  Where  the  instrument  is  not  dated  it  wdll  be  con- 
sidered to  be  dated  as  of  the  time  it  was  issued ; 

4.  Where  there  is  a  conflict  between  the  written  and 
printed  provisions  of  the  instrument  the  written  provi- 
sions prevail ; 

5.  Where  the  instrument  is  so  ambiguous  that  there  is 
doubt  whether  it  is  a  bill  or  note  the  holder  may  treat  it 
as  either  at  his  election  ; 

6.  Where  a  signature  is  so  placed  upon  the  instrument 
that  it  is  not  clear  in  what  capacity  the  person  making  the 
same  intended  to  sign  he  is  to  be  deemed  an  indorser; 

7.  Where  an  instrument  containing  the  words  '•  I 
promise  to  pay  "  is  signed  by  two  or  more  persons  they 
are  deemed  to  be  jointly  and  severally  lia])le  thereon. 

Section  18.  No  person  is  liable  on  the  instrument 
whose  signature  does  not  appear  thereon,  except  as  heroin 
otherwise  expressly  provided.  But  one  Avho  signs  in  a 
trade  or  assumed  name  will  be  liable  to  the  same  extent 
as  if  he  had  signed  in  his  own  name. 

Section  19.  The  signature  of  any  ]>arty  may  be  made 
by  a  duly  authorized  agent.  No  })urticular  form  of  ap- 
pointment is  necessary  fortius  purpose  :  and  the  authority 
of  the  agent  may  be  establislied  as  in  other  cases  of 
agency. 

Section  20.  Where  the  instrument  contains,  or  a  per- 
son adds  to  his  signature,  words  indicating  that  he  signs 
for  or  on  l)ehalf  of  a  principal,  or  in  a  representative  ca- 
pacity, he  is  not  liable  on  the  instrument  if  he  was  duly 


A.CTS,  1898.  — Chap.  533.  497 


anthorizotl ;  but  the  mere  addition  of  words  describing 
him  as  an  agent,  or  as  filling  a  representative  character, 
without  disclosing  his  principal,  docs  not  exempt  him 
from  personal  liability. 

Section  21.     A  signature  by  ' '  procuration  "'  operates  signature  by  ^^ 
as  notice  that  the  agent  has  biit  a  limited  authority  to  sign,    p'°''"''*  '""• 
and  the   principal  is  bound  only  in  case  the  agent  in  so 
signing  acted  within  the  actual  limits  of  his  authority. 

Section  22.     The  indorsement  or  assignment  of  the  indorsement  or 
instrument   by  a  corporation  or  by  an  infant  passes  the  rcofporationy 
property  therein,  notwithstanding  that  from  want  of  ca-  ^^^- 
pacity   the   corporation   or  infant   may  incur    no   liability 
thereon. 

Section  28.  Where  a  signature  is  forged  or  made  Forged  signa- 
without  the  authority  of  the  person  whose  signature  it  tive,  etc. 
purports  to  be  it  is  wholly  inoperative,  and  no  right  to 
retain  the  instrument,  or  to  give  a  discharge  therefor,  or 
to  enforce  payment  thereof  against  any  party  thereto,  can 
be  acquired  through  or  under  such  signature,  unless  the 
party  against  whom  it  is  sought  to  enforce  such  right  is 
precluded  from  setting  ud  the  forgery  or  want  of  author- 

CONSIDERATION. 

Section  24.     ICvery  negotiable  instrument  is  deemed  ^^n-^g^anTn- 
prima  facie  to  have  been  issued  for  a  valuable  considera-  strument 

'•  ,  1  •  ,  l^  deemed  a  party 

tion,  and  every  person  whose  signature  appears  thereon  thereto. 
to  have  become  a  party  thereto  for  value. 

Section  25.     Value  is  any  consideration  sufficient  to  vaiue, etc. 
support  a  simple  contract.     An  antecedent  or  pre-existing 
debt  constitutes  value,  and  is  deemed  such  whether  the 
instrument  is  payable  on  demand  or  at  a  future  time. 

Section  2(3.     Where  value  has  at  any  time  been  given  Holder  for 
for  the  instrument  the  holder  is  deemed  a  holder  for  value 
in  respect  to  all  parties  who  became  such  prior  to  that  time. 

Section  27,     Where  the  holder  has  a  lien  on  the  in- Holder  having 

.    .  1  i»  1         •  !•       i-  lien  deemed  a 

strument,  ansmg  either  from  contract  or  by  miplication  holder  to  extent 
of  law,  he  is  deemed  a  holder  for  value  to  the  extent  of 
his  lien. 

Section  28.     Absence   or  failure    of   consideration  is  Absence  of  con. 
matter  of  defence  as  against  any  person  not  a  holder  in  be  matter  of 
due  course ;  and  partial  failure  of  consideration  is  a  de-  'defence. 
fence  prc^tanto,  whether  the  failure  is  an  ascertained  and 
liquidated  amount  or  otherwise. 


498 


Acts,  1898.  — Chap.  533. 


Accommoda- 
tion party,  etc. 


Section  29.  An  accommodation  party  is  one  who  has 
signed  the  instrument  as  maker,  drawer,  acceptor,  or  in- 
dorser,  without  receiving  vahie  therefor,  and  for  the  pur- 
pose of  lending  his  name  to  some  other  person.  Such  a 
person  is  liable  on  the  instrument  to  a  holder  for  value, 
notwithstanding:  such  holder  at  the  time  of  takino:  the 
instrument  knew  him  to  be  only  an  accommodation  party. 


Negotiation  of 
inetruraents. 


Indorsement. 


Mnet  be  of 
entire  instru- 
ment, etc 


May  be  special 
or  in  blank. 


Special  indorse- 
ment. 


Indorsement  in 
blanli. 


Holder  may 
convert  indorse 
ment  from 
blank  to 
special. 


When  indorse- 
ment is  restric- 
tive. 


NEGOTIATION. 

Section  30.  An  in.strument  is  negotiated  when  it  is 
transferred  from  one  person  to  another  in  such  manner  as 
to  constitute  the  transferee  the  holder  thereof.  If  pay- 
able to  bearer  it  is  negotiated  l^y  delivery  ;  if  payable  to 
order  it  is  negotiated  by  the  indorsement  of  the  holder 
completed  by  delivery. 

Section  31.  The  indorsement  must  be  written  on  the 
instrument  itself  or  upon  a  paper  attached  thereto.  The 
signature  of  the  indorser,  without  additional  words,  is  a 
sufficient  indorsement. 

S PACTION  32.  The  indorsement  must  be  an  indorsement 
of  the  entire  instrument.  An  indorsement  which  pur- 
ports to  transfer  to  the  indorsee  a  part  only  of  the  amount 
payable,  or  which  purports  to  transfer  the  instrument  to 
two  or  more  indorsees  severally,  does  not  operate  as  a 
nejjotiation  of  the  instrument.  But  where  the  instrument 
has  been  paid  in  part  it  may  be  indorsed  as  to  the  residue. 

Section  33.  An  indorsement  may  ])e  either  special  or 
in  blank  ;  and  it  may  also  ])e  either  restrictive,  or  qualified, 
or  conditional. 

Section  34.  A  special  indorsement  specifies  the  per- 
son to  whom,  or  to  whose  order,  the  instrument  is  to  be 
paya])le  ;  and  the  indorsement  of  such  indorsee  is  neces- 
sary to  the  further  negotiation  of  the  instrument.  An 
indorsement  in  blank  does  not  specify  any  indorsee,  and 
an  instrument  so  indorsed  is  payable  to  bearer  and  may 
be  negotiated  by  delivery. 

Section  35.  The  holder  may  convert  a  blank  indorse- 
ment into  a  special  indorsement  by  writing  over  the  sig- 
nature of  the  iudor.ser  in  blank  any  contract  consistent 
with  the  character  of  the  indorsement. 

Section  36.  An  indorsement  is  restrictive,  which 
either : 

1 .  Prohibits  the  further  negotiation  of  the  instrument ; 
or 


Acts,  1898.  — Chai>.  533.  499 

2.  Constitutes  the  indorsee  the  agent  of  the  indorser; 
or 

3.  Vests  the  title  in  the  indorsee  in  trust  for  or  to  the 
use  of  some  other  person. 

But  the   mere   absence    of  words   implying   power  to 
negotiate  does  not  make  an  indorsement  restrictive. 

Section  37.     A  restrictive  indorsement  confers   upon  Rights  of  in- 
the  indorsee  the  right :  of  r'tdctwr' 

1.  To  receive  payment  of  the  instrument ;  indorsement. 

2.  To    bring   any   action  thereon    that   the    indorser 
could  bring ; 

3.  To  transfer  his  rights  as  such  indorsee,  where  the 
form  of  the  indorsement  authorizes  him  to  do  so. 

But  all  subsequent  indorsees  acquire  only  the  title  of 
the  first  indorsee  under  the  restrictive  indorsement. 

Section  38.     A  qualified  indorsement  constitutes  the  Qualified  in- 
indorser  a  mere  assignor  of  the  title  to  the  instrument.    °'^^®'"®"  • 
It  may  be  made  by  adding  to  the  indorser's  signature  the 
words  "without  recourse",  or  any  words  of  similar  im- 
port.    Such  an  indorsement  does  not  impair  the  negotiable 
character  of  the  instrument. 

Section  39.     Where  an  indorsement  is  conditional  a  conditional 

,  'ij  ii         •       1  1  T  ij.1        indorsement. 

party  required  to  pa^'  the  instrument  may  disregard  the 
condition  and  make  payment  to  the  indorsee  or  his  trans- 
feree, whether  the  condition  has  been  fulfilled  or  not. 
But  any  person  to  whom  an  instrument  so  indorsed  is 
negotiated  will  hold  the  same,  or  the  proceeds  thereof, 
subject  to  the  rights  of  the  person  indorsing  conditionally. 

Section  40.     Where  an  instrument  payable  to  bearer  insirtiment  in- 
is  indorsed  specially  it  may  nevertheless  be  further  nego-  n°ay  beTifrthe/ 
tiated  by  delivery ;  but  the  person  indorsing  specially  is  n«g°tiated. 
liable  as  indorser  only  to  such  holders  as  make  title  through 
his  indorsement. 

Section  41.     Where  an  instrument  is  payable  to  the  Payees  or  in- 

1  n   ,  •      1  1  J.    dorsees,  not 

order  oi  two  or  more  payees  or  indorsees  who  are  not  partners,  must 
partners,  all  must  indorse,  unless  the  one  indorsing  has  "nie^s^etc! 
authority  to  indorse  for  the  others. 

Section  42.     Where  an  instrument  is    drawn   or  in-  instrument  pay. 

J  1,  ,,!•«  A^  n         ^        in  able  to  an  oflicer 

dorsed  to  a  person  as  "cashier   ,  or  other  iiscal  oincer  of  a  bank,  etc., 

of  a  bank  or  corporation,  it  is  deemed  prima  facie  to  be  guchbau^ac? 

payable  to  the  bank  or  corporation  of  which  he  is  such 

ofiicer,  and  may  be  negotiated  either  by  tiic  indorsement 

of  the  bank  or  corporation,  or  l)y  the  indorsement  of  the 

officer. 


500 


Acts,  1898.  —  Chap.  533. 


When  name  of 
payee,  etc.,  is 
miespelled,  etc. 


Indorser  in  a 

representative 

capacity. 


Where  indorse- 
ment bears 
date  after 
maturity,  etc. 


Place  of 
indorsement. 


Negotiability  of 
instrument  not 
to  cease  until, 
etc. 

Holder  may 
strike  out 
indorsement. 


Transfer  of 
instrument,  etc. 


Reissue  of  in- 
strument in 
certain  cases. 


Section  43.  Whcro  the  name  of  a  payee  or  indorsee 
is  wrongly  designated  or  misspelled  he  may  indorse  the 
instrument  as  therein  described,  adding,  if  he  thinks  fit, 
his  proper  signature. 

Section  44.  Where  any  person  is  under  obligation  to 
indorse  in  a  representative  capacity  he  may  indorse  in 
such  terms  as  to  negative  personal  liability. 

Section  45.  .Except  where  an  indorsement  bears  date 
after  the  maturity  of  the  instrument  every  negotiation  is 
deemed  prima  facie  to  have  been  effected  before  the  in- 
strument was  overdue. 

Section  46.  Except  where  the  contrary  appears  every 
indorsement  is  presumed  prima  facie  to  have  been  made 
at  the  place  where  the  instrument  is  dated. 

Section  47.  An  instrument  negotiable  in  its  origin 
continues  to  be  negotiable  until  it  has  been  restrictively 
indorsed  or  discharged  b}"  payment  or  otherwise. 

Section  48.  The  holder  may  at  any  time  strike  out 
any  indorsement  which  is  not  necessary  to  his  title.  The 
indorser  whose  indorsement  is  struck  out  and  all  indorsers 
subsequent  to  him  are  thereby  relieved  from  liability  on 
the  instrument. 

Section  49.  Where  the  holder  of  an  instrument  pay- 
able to  his  order  transfers  it  for  value  without  indorsing 
it  the  transfer  vests  in  the  transferee  such  title  as  the 
transferer  had  therein,  and  the  transferee  acquires,  in  ad- 
dition, the  right  to  have  the  indorsement  of  the  trans- 
ferer. But  for  the  purpose  of  determining  whether  the 
transferee  is  a  holder  in  due  course  the  negotiation  takes 
effect  as  of  the  time  when  the  indorsement  is  actually  made. 

Section  50.  Where  an  instrument  is  negotiated  back 
to  a  prior  party,  such  party  may,  subject  to  the  provisions 
of  this  act,  reissue  and  further  negotiate  the  same.  But 
he  is  not  entitled  to  enforce  payment  thereof  against  any 
intervening  party  to  whom  he  was  personally  liable. 


Rights  of 
holder. 


Holder  in  due 
course. 


RIGHTS    OF    THE    HOLDER. 

Section  51.  The  holder  of  a  negotial)le  instrument 
may  sue  thereon  in  his  own  name,  and  payment  to  him 
in  due  course  discharges  the  instrument. 

Section  52.  A  holder  in  due  course  is  a  holder  who 
has  taken  the  instrument  under  the  following  conditions ; 

1.     That  it  is  complete  and  regular  upon  its  face  ; 


Acts,  1898.  — Chap.  533.  501 

2.  That  he  became  the  holder  of  it  before  it  was  over- 
due, and  without  notice  that  it  had  been  previously  dis- 
honored, if  such  was  the  fact ; 

3.  That  he  took  it  in  good  faith  and  for  value  ; 

4.  That  at  the  time  it  was  negotiated  to  him  he  had 
no  notice  of  any  intirmity  in  the  instrument  or  defect  in 
the  title  of  the  person  negotiating  it. 

Section  53.     Where  an  instrument  payable  on  demand  Negotiation  of 

■I        1^     .  ...  instrument 

IS  negotiated  an  unreasonable  length  oi  time  alter  its  issue  payable  on 
the  holder  is  not  deemed  a  holder  in  due  course.  ^™^"  ''"'' 

Section  54.     Where  the  transferee  receives  notice  of  ^"^•■T'*^»°.'i 

.     ,,..,.  T    n  •  ^  •   T  !•    defect  in  title. 

any  innrmity  in  the  instrument  or  detect  in  the  title  ot 
the  person  negotiating  the  same  before  he  has  paid  the 
full  amount  agreed  to  be  paid  therefor  he  will  be  deemed 
a  holder  in  due  course  only  to  the  extent  of  the  amount 
theretofore  paid  by  him. 

Section  55.  The  title  of  a  person  who  negotiates  an  Defective 
instrument  is  defective  within  the  meaning  of  this  act  e°c''""*"^  *' 
when  he  obtained  the  instrument,  or  any  signature  thereto, 
by  fraud,  duress,  or  force  and  fear,  or  other  unlawful  means, 
or  for  an  illegal  consideration,  or  when  he  negotiates  it  in 
breach  of  faith,  or  under  such  circumstances  as  amount 
to  a  fraud. 

Section  56.    To  constitute  notice  of  an  infirmity  in  the  Notice  of 
instrument  or  defect  in  the  title  of  the  person  negotiating  instrament. 
the  same  the  person  to  whom  it  is  negotiated  must  have 
had  actual  knowledge  of  the  infirmity  or  defect,  or  knowl- 
edge of  such  facts  that  his  action  in  taking  the  instrument 
amounted  to  bad  faith. 

Section  57.     A  holder  in  due  course  holds  the  instru-  Holder  in  due 
ment  free  from  any  defect  of  title  of  prior  parties,  and  free  riTbi^for 
from  defences  availal)le  to  prior  parties  among  themselves,  defect,  etc. 
and  may  enforce  payment  of  the  instrument  for  the  full 
amount  thereof  against  all  parties  liable  thereon. 

Section  58.     In  the  hands  of  any  holder  other  than  Rights  of  holder 
a  holder  in  due  course  a  negotiable  instrument  is  subject  hoidMin°due 
to  the  same  defences  as  if  it  were  non-negotiable.      But  ''°""«- 
a  holder  who  derives  his  title  through  a  holder  in  due 
course,  and  who  is  not  himself  a  party  to  any  fraud  or 
illegality  affecting  the  instrument,  has  all  the  rights  of 
such  former  holder  in   respect  of  all   parties  jrrior  to  the 
latter. 

Section  59.     Every  holder  is  deemed  prima  facie  to  be  Holder  to  prove 
a  holder  in  due  course;  but  when  it  is  shown  that  the  "*^" 


502 


Acts,  1898.  — Chap. 


533. 


title  of  any  person  who  has  negotiated  the  instrument 
was  defective  the  burden  is  on  the  holder  to  prove  that  he 
or  some  person  under  whom  he  claims  acquired  the  title 
as  holder  in  due  course.'  But  the  last  mentioned  rule  does 
not  apply  in  favor  of  a  party  who  became  bound  on  the 
instrument  prior  to  the  acquisition  of  such  defective  title. 


Liability  of 
uialier. 


Liability  of 
drawer. 


Liability  of 
acceptor. 


When  a  person 
is  deemed  uu 
indorser. 


Liability  of  the 
indorser. 


LIABILITIES    OF    PARTIES. 

Section  60.  The  maker  of  a  negotiable  instrument  by 
making  it  engages  that  he  will  pay  it  according  to  its 
tenor;  and  admits  the  existence  of  the  payee  and  his  then 
capacity  to  indorse. 

Section  61.  The  drawer,  by  drawing  the  instrument, 
admits  the  existence  of  the  payee  and  his  then  capacity  to 
indorse ;  and  engages  that  on  due  presentment  the  in- 
strument will  be  accepted  or  paid,  or  both,  according  to 
its  tenor,  and  that  if  it  is  dishonored,  and  the  necessary 
proceedings  on  dishonor  are  duly  taken,  he  will  pay  the 
amount  thereof  to  the  holder,  or  to  any  subsequent  in- 
dorser who  may  be  comjoelled  to  pay  it.  But  the  drawer 
may  insert  in  the  instrument  an  express  stipulation  nega- 
tiving or  limiting  his  own  liability  to  the  holder. 

Section  62.  The  acceptor  l)y  accepting  the  instru- 
ment engages  that  he  will  pay  it  according  to  the  tenor  of 
his  acceptance  ;  and  admits  : 

1.  The  existence  of  the  drawer,  the  genuineness  of  his 
signature,  and  his  capacity  and  authority  to  draw  the  in- 
strument ;  and 

2.  The  existence  of  the  payee  and  his  then  capacity  to 
indorse. 

Section  63.  A  person  placing  his  signature  upon  an 
instrument  otherwise  than  as  maker,  drawer  or  acceptor 
is  deemed  to  be  an  indorser,  unless  he  clearly  indicates 
by  appropriate  words  his  intention  to  be  bound  in  some 
other  capacity. 

Section  64.  AVhere  a  person,  not  otherwise  a  party 
to  an  instrument,  ])laces  thereon  his  signature  in  blank 
before  delivery,  he  is  liable  as  indorser  in  accordance  with 
the  following  rules  : 

1.  If  the  instrument  is  payable  to  the  order  of  a  third 
person  he  is  liable  to  the  payee  and  to  all  subsequent 
parties ; 

2.  If  the  instrument   is  payable  to  the  order  of  the 


Acts,  1808.  — Chap.  533.  503 

maker  or  drawer,  or  is  payable  to  hearer,  he  is  liable  to 
all  parties  subsequent  to  the  maker  or  drawer ; 

3.  If  he  signs  for  the  accommodation  of  the  payee  he 
is  liable  to  all  parties  subsequent  to  the  payee. 

Section  G').     Every  person  negotiating  an  instrument  instrument 
by  delivery  or  by  qualified  indorsement  warrants  :  delivery  or 

1.  That  the  instrument  is  genuine  and  in  all  respects  hldorsemeot. 
what  it  purports  to  be  ; 

2.  That  he  has  a  good  title  to  it ; 

3.  That  all  prior  parties  had  capacity  to  contract ; 

4.  That  he  has  no  knowledge  of  any  fact  which  would 
impair  the  validity  of  the  instrument  or  render  it  valueless. 

But  when  the  negotiation  is  by  delivery  only  the  war-  instrument 
ranty  extends  in  favor  of  no  holder  other  than  the  imme-  deuvefy^oniy. 
diate  transferee. 

The  provisions  of  subdivision  three  of  this  section  do 
not  apply  to  persons  negotiating  public  or  corporate 
securities,  other  than  bills  and  notes. 

Section  Q6.    Every  indorser  who  indorses  without  quali-  indorser  with- 
tication  warrants  to  all  subsequent  holders  in  due  course  :  tion?""' 

1.  The  matters  and  things  mentioned  in  subdivisions 
one,  two  and  three  of  the  next  preceding  section  ;  and 

2.  That  the  instrument  is  at  the  time  of  his  indorse- 
ment valid  and  subsisting. 

And,  in  addition,  he  engages  that  on  due  presentment 
it  shall  be  accepted  or  paid,  or  both,  as  the  case  may  be, 
according  to  its  tenor,  and  that  if  it  is  dishonored,  and 
the  necessary  proceedings  on  dishonor  are  duly  taken,  he 
will  j)ay  the. amount  thereof  to  the  holder  or  to  any  sub- 
sequent indorser  who  may  be  compelled  to  pay  it. 

Section  67.     Where  a  person  places  his  indorsement  Li:ibiiiij  of  tho 
on  an  instrument  negotia])le  by  delivery  he  incurs  all  the 
liability  of  an  indorser. 

Section  G8.     As   respects  one  another  indorsers  are  indoiHci-^  unbio 
liable  prima  facie  in  the  order  in  which  they  indorse  ;  but  w\,uh  u.ey' '" 
evidence  is  admissible  to  show  that  as  between  or  amons:  '"*'°"^- 
themselves  they  have  agreed  otherwise.     Joint  payees  or 
joint  indorsees  who  indorse  are  deemed  to  indorse  jointly 
and  severally. 

Section  69.     Where  a  broker  or  other  agent  nejroti- L'''b'''iy  "f 

•      1  1         •  n       I        broker  or 

ates  an  mstrument  without  indorsement  he  incurs  all  the  agent. 
lial)ilities  ])rescribed  by  section  sixty-five  of  this  act,  un- 
less he  discloses  the  name  of  his  principal  and  the  fact  that 
he  is  acting  only  as  agent. 


504 


Acts,  1898.  — Chap.  533. 


PreBeutment 
for  payment. 


Time  of 
presentment. 


By  whom  pre- 
sentment must 
be  made. 


Place  of  pre- 
sentment. 


Instrument  to 
be  delivered  to 
party  paying. 


PRESENTMENT    FOR    PAYMENT. 

Section  70.  Presentment  for  payment  is  not  neces- 
sary in  order  to  charge  the  person  primarily  liable  on  the 
instrument ;  but  if  the  instrument  is  by  its  terms  payable 
at  a  special  place,  and  he  is  able  and  willing  to  pay  it 
there  at  maturity,  such  ability  and  willingness  are  equiva- 
lent to  a  tender  of  payment  upon  his  part.  But  except  as 
herein  otherwise  provided  presentment  for  payment  is  nec- 
essary in  order  to  charge  the  drawer  and  indorsers. 

Section  71.  Where  the  instrument  is  not  payable  on 
demand  presentment  must  be  made  on  the  day  it  falls  due. 
Where  it  is  payable  on  demand  presentment  must  be  made 
within  a  reasonable  time  after  its  issue,  except  that  in  the 
case  of  a  bill  of  exchange  presentment  for  payment  will  be 
sufEcient  if  made  within  a  reasonable  time  after  the  last 
negotiation  thereof. 

Section  72.  Presentment  for  payment,  to  be  suffi- 
cient, must  be  made : 

1.  By  the  holder,  or  by  some  person  authorized  to 
receive  payment  on  his  behalf; 

2.  At  a  reasonable  hour  on  a  business  day  ; 

3.  At  a  proper  place  as  herein  defined  ; 

4.  To  the  person  primarily  liable  on  the  instrument, 
or,  if  he  is  absent  or  inaccessible,  to  any  person  found  at 
the  place  where  the  presentment  is  made. 

Section  73.  Presentment  for  payment  is  made  at  the 
proper  place : 

1.  Where  a  place  of  payment  is  specified  in  the  in- 
strument and  it  is  there  ))resented ; 

2.  Where  no  place  of  payment  is  specified,  but  the 
address  of  the  person  to  make  payment  is  given  in  the 
instrument  and  it  is  there  presented  ; 

3.  Where  no  place  of  payment  is  specified  and  no  ad- 
dress is  given  and  the  instrument  is  presentetl  at  the  usual 
place  of  business  or  residence  of  the  person  to  make  |)ay- 
ment ; 

4.  In  any  other  case,  if  presented  to  the  i)erson  to 
make  ])ayment  wherever  he  can  be  found,  or  if  presented 
at  his  last  known  ])hu'e  of  business  or  residence. 

Section  74.  The  instrument  must  be  exhibited  to  the 
person  from  whom  paynient  is  demanded,  and  when  it  is 
paid  must  be  delivered  up  to  the  party  paying  it. 


Acts,  1898.  — Chap.  533.  505 

Section  75.     Where  the  instrument  is  payable  at  a  Presentment  at 

,1  ij.!"  1.  xiii-  bank  must  be 

hank    presentment    tor   payment    must    he    made    dunng  made  during 
hanking  hours,  unless  the  person  to  make  payment  has  no  uni'e^ss^^eti:"'"^''' 
funds  there  to  meet   it  at  any  time  during  the  day,  in 
which   case  presentment  at  any  hour  before  the  bank  is 
closed  on  that  day  is  sufficient. 

Section  76.     Where  the  person  primarily  liable  on  the  where  person 
instrument  is  dead,  and  no  place  of  payment  is  specified,  eTc.  ^'*  ^*  ' 
presentment  for  payment  must  be  made  to  his  personal 
rei)resentative,  if  there  is  any  such,  and  if,  with  the  exer- 
cise of  reasonable  diligence,  he  can  be  found. 

Section  77.     Where  the  persons  primarily  liable  on  where  persons 
the  instrument  are  liable  as  partners,  and  no  place  of  pay-  partners? et^c. 
ment  is  specified,  presentment  for  payment  maj"  be  made 
to  any  one  of  them,  even  though  there  has  been  a  dissolu- 
tion of  the  firm. 

Section  78.    Where  there  are  several  persons,  not  part-  where  there 

.  *^  ^  ,    are  several 

ners,  prmiariiy  liable  on  the  instrument,  and  no  place  ot  persons  not 
payment  is  specitied,  presentment  must  be  made  to  them  all.  ^'^'^  °^*^' 
Section  79.     Presentment  for  payment  is  not  required  Presentment 

Til  -1  ^'^^  required  in 

in  order  to  charge  the  drawer  where  he  has  no  rioht  to  certain  cases. 
expect  or  require  that  the  drawee  or  acceptor  will  pay  the 
instrument. 

Section  80.     Presentment  for  payment  is  not  required  ^'""^  subject. 
in  order  to  charge  an   indorser  where  the  instrument  was 
made  or  accepted   for  his  accommodation,  and  he  has  no 
reason  to  expect  that  the  insti*ument  will  be  paid  if  pre- 
sented. 

Section  81.     Delay  in  making  presentment  for  pay- peiay  in  mak 
ment  is  excused  when  the  delay  is  caused  by  circumstances  excused  in 
lieyond  the  control  of  the  holder,  and  not  imputal)le  to  his  *=®'' "'° '^^*^*- 
<i('fault,   misconduct  or  negligence.      When  the  cause  of 
delay  ceases  to  operate  presentment  must  be  made  with 
reasonable  diligence. 

Skctiox  82.     Presentment   for   ])ayment  is   dispensed  d^s*'peTiMl^°uh 

with  !  '"  certain  cases. 

1.  Where  after  the   exercise  of  reasonal)le   diligence 
presentment  as  required  by  this  act  cannot  be  made ; 

2.  Where  the  drawee  is  a  fictitious  person  ; 

3.  By  waiver  of  piesentmcut,  express  or  implied. 

Section  83.     The   inslrumciit   is  dishonored   hv  non-  whenauinstru- 

.        1  **  ment  is  dis- 

payment  when  :  honored. 

1.     It  is   duly  pr<'sent(Ml   for  payment  and  payment  is 
refused  or  cannot  be  obtained  ;  or 


506 


Acts,  1808.  — Chap.  533. 


in  ceiluiii  cases. 


Time  of  pay 
ment. 


I  .    JU.I30  ■ 


2.     Presentment  is  excused  and  the  instrument  is  over- 
due and  unpaid. 
Right  of  Section  84.     Subject  to  the    provisions   of  this   act, 

crues  to  iioicier  whcu  the  instrument  is  dishonored  by  non-payment,  an 
immediate  right  of  recourse  to  all  parties  secondarily 
liable  thereon  accrues  to  the  holder. 

Section  85.  Every  negotiable  instrument  is  payable 
at  the  time  fixed  therein  without  grace.  When  the  day  of 
maturity  falls  upon  Sunday  or  a  holiday  the  instrument  is 
payable  on  the  next  succeeding  business  day.  Instru- 
ments falling  due  on  Saturday  are  to  be  presented  for  pay- 
ment on  the  next  succeeding  l)usiness  day,  except  that  in- 
struments payable  on  demand  may,  at  the  option  of  the 
holder,  be  presented  for  payment  before  twelve  o'clock 
noon  on  Saturday,  when  that  entire  day  is  not  a  holi- 
day. 

Section  86.  Where  the  instrument  is  payable  at  a 
fixed  period  after  date,  after  sight,  or  after  the  happening 
of  a  specified  event,  the  time  of  payment  is  determined 
by  excluding  the  day  from  which  the  time  is  to  begin  to 
run,  and  by  including  the  date  of  payment. 

Section  87.  W' here  the  instrument  is  made  payable 
at  a  bank  it  is  etjuivalcnt  to  an  order  to  the  bank  to  pay 
the  same  for  the  account  of  the  principal  debtor  thereon. 

Section  88.  Payment  is  made  in  due  course  when  it 
is  made  at  or  after  the  maturity  of  the  instrument  to  the 
holder  thereof  in  good  faith  and  without  notice  that  his 
title  is  defective. 


Payable  at  a 
fixed  period 
after  date,  etc. 


If  payable  at  a 
bank,  etc. 


When  payment 
is  made  in  due 
course. 


Notice  of  dis- 
honor. 


How  given. 


By  whom 
given. 


notice  of  dishonor. 

Section  89.  Except  as  herein  otherwise  provided, 
when  a  negotiable  instrument  has  been  dishonored  by  non- 
acceptance  or  non-payment,  notice  of  dishonor  must  be 
given  to  the  drawer  and  to  each  indorser,  and  any  drawer 
or  indorser  to  whom  such  notice  is  not  given  is  discharged. 

Section  90.  The  notice  may  I)e  given  b}'  or  on  behalf 
of  flic  holder,  or  by  or  on  behalf  of  any  party  to  the  in- 
strument who  might  be  compelled  to  pay  it  to  the  holder, 
and  who,  upon  taking  it  up,  would  have  a  right  to  reim- 
bursement from  tile  party  to  whom  the  notice  is  given. 

Section  91.  Notice  of  dishonor  may  be  given  by  an 
agent  either  in  his  own  name  or  in  the  name  of  any  party 
entitled  to  give  notice,  whether  that  party  is  his  principal 
or  not. 


Acts,  1898.  — Chap.  533.  5()T 

Section  92.     AVhere  notice  is  given  by  or  on  behalf  of  ^e^atf  o^f"^*"  "^ 
the  holder  it  enures  for  the  benefit  of  all  subsequent  hold-  hoWer,  etc. 
ers  and  all  prior  parties   who  have  a  right  of  recourse 
against  the  party  to  whom  it  is  given. 

Sectiox  93.     Where  notice  is  given  by  or  on  behalf  of  a  Notice  giveo  on 
party  entitled  to  give  notice  it  enures  for  the  benefit  of  tlie  enuued  ufgive 
holder  and  all  parties  subsequent  to  the  party  to  whom  "»*><=«• 
notice  is  given. 

Section  94.     Where  the  instrument  has  been  dishon-  Towhom 
ored  in  the  hands  of  an  agent  he  may  either  himself  give  rhTtfiustru?" 
notice  to  the  parties  liable  thereon,  or  he  may  give  notice  Slahonored. 
to  his  principal.     If  he  gives  notice  to  his  principal  he 
must  do  so  within  the  same  time  as  if  he  were  the  holder, 
and  the  principal  upon  the  receipt  of  such  notice  has  him- 
self the  same  time  for  giving  notice  as  if  the  agent  had 
been  an  independent  holder. 

Section  95.     A  written  notice  need  not  be  signed  and  written  notice 

i^    .  .  .  ,  1  T  1   need  not  be 

an   msutncjent  written  notice  may  be  supplemented  and  signed,  etc. 
validated  by  verbal  communication.    A  misdescription  of 
the  instrument  does  not  vitiate  the  notice  unless  the  party 
to  whom  the  notice  is  given  is  in  fact  misled  thereby. 

Section  9B.     The  notice  may  be  in  writing  or  merely  Notice  may  be 
oral^  and  may  be  given  in  any  terms  which  suflSciently  o°aT,"Vc°.^  "'^ 
identify  the  instrument  and  indicate  that  it  has  been  dis- 
honored by  non-acceptance  or  non-payment.     It  may  in 
all  cases  be  given  })y  delivering  it  personally  or  through 
the  mails. 

Section  97.     Notice  of  dishonor  may  be  given  either  to  wiiom  notice 
to  the  party  himself  or  to  his  agent  in  that  behalf. 

Section  98.     When  any  pa'rty  is  dead,  and  his  death  ^?  p^ny'^^'lt^.'' 
is  known  to  the  party  orivinff  notice,  the  notice  must  be  must  be  given  to 

^  '^  P  .  .  .  /.    ,  1  .  1    •  ^    representative. 

given  to  a  personal  representative,  it  there  is  one,  and  it 
with  reasonable  diligence  he  can  be  found.  If  there  is 
no  personal  representative  notice  may  be  sent  to  the  last 
residence  or  last  place  of  business  of  the  deceased. 

Section    99.      Where   the  parties   to  be  notified   are  Notice  to  one 

J  x-  ,  J.  ••  x*         J      j^i        ji  member  of  a 

partners  notice  to  any  one  partner  is  notice  to  the  firm,  firm  sutscient. 
even  though  there  has  been  a  dissolution. 

Section    100.      Notice  to  joint   parties  who  are   not  ?'"''*'=?  *°. 
partners  must  be  gfiven  to  each  of  them,  unless  one  of  partners  most 

I  1  1         •  •  1  i  •         /*        J.1  J.1  ^^  tfiven  to 

them  has  authority  to  receive  such  notice  tor  the  others,      eacii. 

Section  101.      Where  a  party  has  been   adjudged  a  Notice  in  case 
bankrupt  or  an  insolvent,  or  has  made  an  assignment  for  ruptfeYc. 
the  boiK'Ht  of  creditors,  notice  may  be  given  either  to  the 
party  iiimself  or  to  his  trustee  or  assignee. 


508 


Acts,  1898.  — Chap.  533. 


Notice  may  be 
given  as  eoon 
as  instrument 
is  dishonored. 


Time  of  giving 
notice  in 
certain  cases. 


Same  subject. 


Notice  dejJOB- 
ited  in  poet 
ottice  is  deemed 
sufficient. 


Same  subject. 


Time  given  to 
party  receiving 
notice. 


Notice  must  be 
sent  to  special 
address,  etc. 


Section  102.  Notice  may  be  given  as  soon  as  the 
instrument  is  dishonored ;  and  unless  delay  is  excused  as 
hereinafter  provided  must  be  given  within  the  times  fixed 
by  this  act. 

Section  103.  Where  the  person  giving  and  the  person 
to  receive  notice  reside  in  the  same  place  notice  must  be 
given  within  the  following  times  : 

1.  If  given  at  the  place  of  business  of  the  person  to 
receive  notice  it  must  ])e  given  before  the  close  of  business 
hours  on  the  day  following ; 

2.  If  given  at  his  residence  it  must  be  given  before  the 
usual  hours  of  rest  on  the  day  following  ; 

3.  If  sent  by  mail  it  must  be  deposited  in  the  post 
office  in  time  to  reach  him  in  usual  course  on  the  day 
following. 

Section  104.  Where  the  person  giving  and  the  person 
to  receive  notice  reside  in  different  places  the  notice  must 
be  given  within  the  following  times  : 

1.  If  sent  by  mail  it  must  be  deposited  in  the  post 
office  in  time  to  go  by  mail  the  day  following  the  day  of 
dishonor,  or  if  there  is  no  mail  at  a  convenient  hour  on 
that  day,  by  the  next  mail  thereafter. 

2.  If  given  otherwise  than  through  the  post  office, 
then  within  the  time  that  notice  would  have  been  received 
in  due  course  of  mail  if  it  had  been  de])osited  in  the  post 
office  within  tlu^  time  specified  in  the  last  subdivision. 

Section  lOa.  Where  notice  of  dishonor  is  duly  ad- 
dressed and  deposited  in  the  post  office  the  sender  is 
deemed  to  have  given  due  notice,  notwithstanding  any 
miscarriage  in  the  mails. 

Section  lOG.  Notice  is  deemed  to  have  been  dej)osited 
in  the  post  office  when  deposited  in  an>'  branch  post  office 
or  in  any  letter  box  under  the  control  of  the  post  office 
department. 

Section  107.  Where  a  party  receives  notice  of  dis- 
honor he  has,  after  the  receipt  of  such  notice,  the  sauje 
time  for  giving  notice  to  antecedent  parties  that  the  holder 
has  after  the  dishonor. 

Section  lO.S.  Where  a  party  has  added  an  address 
to  his  signature  notice  of  dishonor  must  be  sent  to  that 
address ;  luit  if  he  has  not  given  such  address  then  the 
notice  must  be  sent  as  follows : 

1.  Either  to  the  post  office  nearest  to  his  place  of 
residence,  or  to  tiie  post  office  where  he  is  accustomed  to 
receive  his  letters;  or 


Acts,  1898.  — Chap.  533.  509 

2.  If  he  lives  in  one  place,  and  has  his  place  of  business 
in  another,  notice  may  he  sent  to  either  place ;  or 

3.  If  he  is  sojoiirnin<r  in  another  place  notice  may  be 
sent  to  the  place  where  he  is  so  sojoiirnino^. 

But  where  the  notice  is  actually  received  by  the  party 
within  the  time  specified  in  this  act  it  will  be  sufficient, 
though  not  sent  in  accordance  with  the  requirements  of 
this  section. 

Section    101).      Notice   of  dishonor   may  be   waived,  Notice  of  dis- 

.   ,  ,      ..  ,  .  ....  .         ,  ''  .         -,  ,.  houor  may  be 

either  before  the  tmie  ot  givnig  notice  has  arrived,  or  after  waived. 
the  omission  to  give  due  notice,  and  the  waiver  may  be 
express  or  implied. 

Section   110.     Where  the  waiver  is  embodied  in  the  PersonBupon 
instrument  itself  it  is  binding  upon  all  parties;  but  where  i^  binding.^^'^ 
it  is  written  above  the  signature  of  an  indorser  it  binds 
him  only. 

Section   111.      A  waiver  of  protest,   whether  in  the  waiver  of 
case  of  a  foreijrn  bill  of  exchano-e  or  other  neo-otiable  in-  p"^"*®*'' 
strumeut,  is  deemed  to  be  a  waiver  not  only  of  a  formal 
protest  but  also  of  presentment  and  notice  of  dishonor. 

Section   112.     Notice  of  dishonor  is  dispensed  with  ^o°nJf/d°iI-'^'^" 
when,  after  the  exercise  of  reasonable  diligence,  it  can-  peneedwith 
not  be  given  to  or  does  not  reach  the  parties  sought  to  be 
charged. 

Section   113.     Delay  in  giving  notice  of  dishonor  is  Delay  in  giving 

1,  Jill"  11  •  i  T  notice  excused 

excused  when  the  delay  is  caused  by  circumstances  ne- in  certaia  cases. 
yond  the  control  of  the  holder  and  not  imputable  to  his 
default,  misconduct  or  negligence.     When  the  cause  of 
delay  ceases  to  operate  notice  must  be  given  with  reason- 
able diligence. 

Section  114.     Notice  of  dishonor  is  not  required  to  be  Notice  of  dis- 
given  to  the  drawer  in  either  of  the  following  cases  :  re°q°uTre°d°in 

1 .  Where  the  drawer  and  drawee  are  the  same  person  ;  ''"^^*°  ''^'*** 

2.  Where  the  drawee  is  a  fictitious  person  or  a  person 
not  having  capacity  to  contract ; 

3.  Where  the  drawer  is  the  person  to  whom  the  in- 
strument is  presented  for  payment ; 

4.  Where  the  drawer  has  no  right  to  expect  or  require 
that  the  drawee  or  acceptor  will  honor  the  instrument ; 

5.  Where  the  drawer  has  countermanded  payment. 

Section  115.     Notice  of  dishonor  is  not  required  to  be  samc  subject. 
given  to  an  indorser  in  either  of  the  following  cases: 

1.  Where  the  drawee  is  a  fictitious  person  or  a  person 
not  having  capacity  to  contract,  and  the  indorser  was 
aware  of  the  fact  at  the  time  he  indorsed  the  instrument; 


510 


Acts,  1898.  — Chap.  583. 


Notice  of  dis- 
honor by  non- 
acceptance,  etc. 


Omipsion  to 
give  notice  not 
to  prejudice 
rights  of  holder 
in  due  course. 

Instninieiit  dis- 
honored may  be 
protented. 


2.  Where  the  indorscr  is  the  person  to  whom  the  in- 
strument is  presented  for  payment ; 

3.  Where  the  instrument  was  made  or  accepted  for 
his  acconmiodation. 

Section  11(5.  Where  due  notice  of  dishonor  by  non- 
acceptance  has  l)een  given  notice  of  a  subsequent  dishonor 
by  non-payment  is  not  necessary,  unless  in  the  meantime 
the  instrument  has  been  accepted. 

Section  117.  An  omission  to  give  notice  of  dishonor 
by  non-acceptance  does  not  prejudice  the  rights  of  a 
holder  in  due  course  subsequent  to  the  omission. 

Section  118.  Where  any  negotiable  instrument  has 
been  dishonored  it  may  be  protested  for  non-acceptance 
or  non-payment  as  the  case  may  be  ;  but  protest  is  not 
required,  except  in  the  case  of  foreign  bills  of  exchange. 


Discharge  of 

negotiable 

instruments. 


Discharge  of 
jierson  second- 
arily liable. 


DISCHARGE    OF    NEGOTIABLE    INSTRUMENTS. 

Section  119.     A  negotiable  instrument  is  discharged: 

1.  By  payment  in  due  course  by  or  on  behalf  of  the 
principal  debtor ; 

2.  By  payment  in  due  course  by  the  party  accommo- 
dated, where  the  instrument  is  made  or  accepted  for  ac- 
commodation ; 

3.  By  the  intentional  cancellation  thereof  by  the 
holder ; 

4.  By  any  other  act  which  will  discharge  a  simple 
contract  for  the  payment  of  money  ; 

5.  When  the  principal  debtor  becomes  the  holder  of 
the  instrument  at  or  after  maturity  in  his  own  right. 

Section  120.  A  person  secondarily  liable  on  the  in- 
strument is  discharged : 

1.  By  any  act  which  discharges  the  instrument; 

2.  By  the  intentional  cancellation  of  his  signature  by 
the  holder ; 

3.  By  the  discharge  of  a  prior  party  ; 

4.  By  a  valid  tender  of  payment  made  by  a  jn'ior 
party ; 

.5.  By  a  release  of  the  principal  debtor,  unless  the 
holder's  right  of  recourse  against  the  party  secondarily 
liable  is  expressly  reserved  ; 

6.  By  any  agreement  ])inding  upon  the  holder  to  ex- 
tend the  time  of  payment,  or  to  postpone  the  holder's 
right  to  enforce  the  instrument,   unless    made  with  the 


Acts,  1898.  — Chap.  533.  511 

assent  of  the  party  secondarily  liable,  or  unless  the  right 
of  recourse  against  such  party  is  expressly  reserved. 

Section  121.     Where  the  instrument  is  paid  by  a  party  instrument  not 
secondarily  liable  thereon  it  is   not  discharged ;  but  the  wheu^pafd  by 
party  so  paying  it  is  remitted  to  his  former  rights  as  re-  arif/iktwe"'^' 
gards  all  prior  parties,  and  he  may  strike  out  his  own  and 
all  subsequent  indorsements,  and  again  negotiate  the  in- 
strument, except : 

1.  Where  it  is  payable  to  the  order  of  a  third  person, 
and  has  been  paid  by  the  drawer ;  and 

2.  Where  it  was  made  or  accepted  for  accommodation, 
and  has  been  paid  by  the  party  accommodated. 

Section  122.  The  holder  may  expressly  renounce  his  Holder  may 
rights  against  any  party  to  the  instrument,  before,  at,  or  rfght"?''^ '"* 
after  its  maturity.  An  absolute  and  unconditional  renun- 
ciation of  his  rights  against  the  principal  debtor  made  at 
or  after  the  maturity  of  the  instrument  discharges  the  in- 
strument. But  a  renunciation  does  not  affect  the  rights 
of  a  holder  in  due  course  without  notice.  A  renunciation 
must  be  in  writing,  unless  the  instrument  is  delivered  up 
to  the  person  primarily  liable  thereon. 

Section  123.  A  cancellation  made  unintentionally,  or  umntgntionai 
under  a  mistake,  or  without  the  authority  of  the  holder,  opeiIti've°°  °° 
is  inoperative  ;  but  where  an  instrument  or  any  signature 
thereon  appears  to  have  been  cancelled  the  burden  of 
proof  lies  on  the  party  who  alleges  that  the  cancellation 
was  made  unintentionally,  or  under  a  mistake  or  without 
authority. 

Section  124.     Where  a  negotiable  instrument  is  ma- Alteration  of 
terially  altered    without   the    assent  of  all  parties  liable  withoiTa"sent 
thereon  it  is  avoided,  except  as  against  a  party  who  has  rMde?8''u  void, 
himself  made,   authorized  or  assented  to  the  alteration,  except,  etc. 
and  subsequent  indorsers. 

But  when  an  instrument  has  been  materialh' altered  and 
is  in  the  hands  of  a  holder  in  due  course,  not  a  party  to 
the  alteration,  he  may  enforce  jiayment  thereof  according 
to  its  original  tenor. 

Section  125.     Any  alteration  which  changes  :  Material  aitera- 

1 .  The  date  ; 

2.  The  sum  payable,  either  for  principal  or  interest; 

3.  The  time  or  place  of  payment; 

4.  The  number  or  the  relations  of  the  parties  ; 
.'».     The  medium  or  currency  in  which  payment  is  to 

be  made  ; 


tion  delined. 


512  Acts,  1898.  — Chal-.  533. 

Or  which  adds  a  place  of  payment  where  no  place  of 
payment  is  specified,  or  any  other  change  or  addition 
which  alters  the  effect  of  the  instrument  in  any  respect,  is 
a  material  alteration. 

Bills  of  Exchange, 
form  and  intekrretation. 
Bills  of  Section  12(i.     A  bill  of  exchange  is  an  unconditional 

exchange,  form,  ,  ..  "^ 

etc.  order   in    writmg  addressed   by  one  person  to  another, 

signed  by  the  person  giving  it,  requiring  the  person  to 
whom  it  is  addressed  to  pay  on  demand  or  at  a  fixed  or 
determinal  future  time  a  sum  certain  in  money  to  order 
or  to  bearer. 

Liability  of  Section  127.     A  bill  of  itself  does  not  operate  as  an 

drawee  '- 

assignment  of  the  funds  in  the  hands  of  the  drawee  avail- 
able for  the  payment  thereof  and  the  drawee  is  not  liable 
on  the  bill  unless  and  until  he  accepts  the  same. 
May  be  ad-  Section  128.     A  bill  mav  bc  addressed  to  two  or  more 

dressed  to  two  •     •       i  i        i  i 

or  more  drawccs  lointly  whether  thev  are  partners  or  not ;  but  not 

drawees  jointly.    .        .  *'  "^    -,  •      A  ti  a' 

to  two  or  more  drawees  m  the  alternative  or  in  succession. 

exchange!'"^  SECTION  129.  Au  inland  bill  of  exchange  is  a  bill 
which  is,  or  on  its  face  purports  to  be,  both  drawn  and 
payable  within  this  Commonwealth.  Any  other  bill  is  a 
foreign  bill.  Unless  the  contrary  appears  on  the  face  of 
the  bill  the  holder  may  treat  it  as  an  inland  bill. 

Where  drawer        SECTION  130.     Whcrc  in  a  bill  drawer  and  drawee  are 

and  drawee  are  i  i  i  .... 

same  person,  the  Same  pcrsou,  or  where  the  drawee  is  a  factitious  per- 
son, or  a  person  not  having  capacity  to  contract,  the 
holder  may  treat  the  instrument,  at  his  option,  either  as  a 
bill  of  exchange  or  a  promissory  note. 

Referee  in  case       Section  131.     The  di'awcr  of  a  bill  and  auv  iudoi'ser 

of  need.  .  „  "^ 

may  msert  thereon  the  name  oi  a  person  to  whom  the 
holder  may  resort  in  case  of  need,  that  is  to  say,  in  case 
the  bill  is  dishonored  by  non-acceptance  or  non-payment. 
Such  person  is  called  the  referee  in  case  of  need.  It  is 
in  the  option  of  the  holder  to  resort  to  the  referee  in  case 
of  need,  or  not,  as  he  may  see  fit. 

acceptance. 

Acceptance  of  SECTION  132.  The  acceptance  of  a  bill  is  the  signifi- 
cation by  the  drawee  of  his  assent  to  the  order  of  the 
drawer.     The  acceptance  must  be  in  writing  and  signed 


etc 


Acts,  1898.  — Chap.  538.  513 

by  the  drawee.  It  must  not  express  that  the  drawee  will 
perform  his  promise  by  any  other  means  than  the  payment 
of  money. 

Section  133.    The  holder  of  a  bill  presenting  the  same  Holder  may 
for  acceptance  may  require  the  acceptance  to  bo  written  ance'tobr*^^*' 
on  the  l)ill  and,  if  such  request  is  refused,  may  treat  the  ^^"^'*"  °°  ^'"• 
bill  as  dishonored. 

Section  134.     Whore  an  accci)tance   is  written  on  a  written  accept- 
paper  other  than  the  bill  itself  it  does  not  bind  the  ac-  acceptor,^"  '*'"'* 
coptor  except  in  favor  of  a  person  to  whom  it  is  shown  ^^''^p'-  '''^'^• 
and  wiio,  on  the  faith  thereof,  receives  the  bill  for  vahic. 

Section    135.     An   unconditional    promise  in  Avriting  uoconditioDai 
to  accept  a  bill  before  it  is  drawn  is  deemed  an  actual  a'^acceptanc"^'' 
acceptance  in  favor  of  every  person  who,  upon  the  faith 
thereof,  receives  the  bill  for  value. 

Section    136.      The    drawee    is    allowed    twenty-four  Time  allowed 
hours  after  presentment  in   which  to  decide  whether  or  plesen'tafiou. 
not  he  will  accept  the  bill ;   but  the  acceptance,  if  given, 
dates  as  of  the  day  of  presentation. 

Section  137.     Where  a  drawee  to  whom  a  bill  is  do-  Destruction ot 
livered  for  acceptance  destroys  the  same,  or  refuses  within  lo'reTun/"'*''^ 
twenty-four  hours  after  such  delivery,  or  within  such  other  fcc^tance. 
period  as  the  holder  may  allow,  to  return  the  bill  accepted 
or  non-accepted  to  the  holder,  he  will  be  deemed  to  have 
accepted  the  same. 

Section  138.  A  bill  may  be  accepted  before  it  has  incomplete wu 
been  signed  by  the  drawer,  or  while  otherwise  incomplete,  accepted. 
or  when  it  is  overdue,  or  after  it  has  been  dishonored  by  a 
previous  refusal  to  accept,  or  by  non-payment.  But  when 
a  bill  payable  after  sight  is  dishonored  by  non-acceptance 
and  the  drawee  sul)soquently  accepts  it,  the  holder,  in  the 
absence  of  any  difierent  agreement,  is  entitled  to  have  the 
bill  accepted  as  of  the  date  of  the  first  presentment. 

Section  139.     An  acceptance  is  either  general  or  qual-  ^^^^^^^^^^ '^ 
ifiod.     A  general  acceptance  assents  without  qualification  qualified. 
to  the  order  of  the   drawer.     A  (pialified   acceptance  in 
express  terms  varies  the  effect  of  the  bill  as  drawn. 

Section  140.     An   acceptance   to   pay   at  a  particular  General 
place  is  a  general  acceptance   unless  it  expressly  states  ^'^'^'^^^ 
that  the  l)ill  is  to  l)o  paid  there  only  and  not  elsewhere. 

Section  141.     An  acceptance  is  qualified,  which  is:        ;i,ceplance. 

1.  Conditional,  that  is  to  say,  which  makes  payment 
by  the  acco|)tor  dependent  on  the  fulfillment  of  a  condition 
therein  stated ; 


5U 


Acts,  1898.  — Chap.  533. 


Holder  may 
lef use  to  take 
ciualifled 
acceptance,  etc. 


2.  Partial,  that  is  to  say,  an  acceptance  to  pay  part 
only  of  the  amount  for  which  the  bill  is  drawn  ; 

3.  Local,  that  is  to  say,  an  acceptance  to  pay  only  at 
a  particular  place ; 

4.  Qualiiied  as  to  time  ; 

5.  The  acceptance  of  some  one  or  more  of  the  drawees, 
but  not  of  all. 

Section  142.  The  holder  may  refuse  to  take  a  qualified 
acceptance,  and,  if  he  does  not  obtain  an  untjualitied  ac- 
ceptance, he  may  treat  the  bill  as  dishonored  by  non- 
acceptance.  AVhere  a  (|ualilied  acceptance  is  taken  the 
drawer  and  indorsers  are  discharged  from  liability  on  the 
bill,  unless  they  have  expressly  or  impliedly  authorized 
the  holder  to  take  a  qualified  acceptance,  or  subsequently 
assent  thereto.  When  the  drawer  or  an  indorser  receives 
notice  of  a  qualified  acceptance  he  must  within  a  reason- 
able time  express  his  dissent  to  the  holder,  or  he  will  be 
deemed  to  have  assented  thereto. 


Presentment 
for  acceptance. 


Bill  miiBt  lie 
jiresented  for 
acceptance  or 
ncKotiated 
within  a  reason- 
able time. 


PreBcntment 
muKt  be  made 
at  a  reaoonable 
hour,  on  a 
b\i8iue8s  day, 
etc. 


PRESENTMENT    FOR    ACCEPTANCE. 

Section  143.  Presentment  for  acceptance  must  be 
made  : 

1.  Where  the  bill  is  payable  after  sight,  or  in  any 
other  case  where  presentment  for  acceptance  is  necessary 
in  order  to  fix  the  maturity  of  the  instrument ;  or 

2.  Where  the  bill  ex})ressly  stipulates  that  it  shall  be 
presented  for  acceptance  ;  or 

3.  Where  the  bill  is  drawn  payable  elsewhere  than  at 
the  residence  or  ])lace  of  business  of  the  drawee. 

In  no  other  case  is  presentment  for  acceptance  neces- 
sary in  order  to  render  any  party  to  the  bill  liable. 

Section  144.  Except  as  herein  otherwise  provided  the 
holder  of  a  bill  which  is  required  hy  the  next  preceding 
section  to  l)e  })rcsente(l  for  acceptance  must  cither  present 
it  lor  acceptance  or  negotiate  it  within  a  reasonable  time. 
li'  he  fails  to  do  so  the  drawer  and  all  indorsers  are  dis- 
charged. 

Section  145.  Presentment  for  acceptance  must  be 
made  l>y  or  on  behalf  of  (he  hokkr  at  a  reasonable  hour, 
on  a  business  day  and  before  the  bill  is  overdue,  to  the 
drawer  or  some  i)erson  authorized  to  accei)t  or  refuse  ac- 
ce})tance  on  his  ])ehalf ;  and  : 

1,     Where  a  bill  is  addressed  to  two  or  more  drawee^ 


Acts,  1898.  — Chai>.  533.  515 

who  are  not  partners  presentment  must  be  made  to  them 
all,  uules>s  one  has  authority  to  accept  or  refuse  acceptance 
for  all,  in  which  case  presentment  may  be  made  to  him  only  ; 

2.  Where  the  drawee  is  dead  presentment  may  be 
made  to  his  personal  representative  ; 

3.  Where  the  drawee  has  been  adjudged  a  bankrupt 
or  an  insolvent,  or  has  made  an  assignment  for  the  benefit 
of  creditors,  presentment  may  be  made  to  him  or  to  his 
trustee  or  assignee. 

Section  146.     A  bill  may  be  presented  for  acceptance  Biiimaybe 
on  any  day  on  which  negotiable  instruments  may  be  pre-  any'day  on°" 
sented  for  payment  under  the  provisions  of  sections  sev-  ^^we'inBtTu- 
cntv-two  and  eighty-five  of  this  act.     When  Saturday  is  luentscanbe 
not  otherwise  a  holiday  presentment  for  acceptance  may 
be  made  before  twelve  o'clock  noon  on  that  day. 

Section  147.  Where  the  holder  of  a  bill  drawn  pay-  Necessary  de- 
able  elsewhere  than  at  the  place  of  business  or  the  resi-  ^^^^'^^^^  • 
dence  of  the  drawee  has  not  time  with  the  exercise  of 
reasonable  diligence  to  present  the  bill  for  acceptance 
before  presenting  it  for  payment  on  the  day  that  it  falls 
due,  the  delay  caused  by  presenting  the  bill  for  accept- 
ance before  presenting  it  for  payment  is  excused  and  does 
not  discharge  the  drawers  and  indorsers. 

Section  148.     Presentment  for  acceptance  is  excused  whenpresent- 

1  raent  is 

and  a  bill  may  be  treated  as  dishonored  by  non-acceptance,  excused. 
in  either  of  the  folio  win  o^  cases  : 

1.  Where  the  drawee  is  dead,  or  has  absconded,  or  is 
a  fictitious  person  or  a  person  not  having  capacity  to  con- 
tract by  bill ; 

2.  Where,  after  the  exercise  of  reasonable  diligence, 
presentment  cannot  be  made  ; 

3.  Where,  although  presentment  has  been  irregular, 
acceptance  has  been  refused  on  some  other  ground. 

Section  149.     A  bill  is  dishonored  by  non-acceptance:  when  a  bin  is 

1.  When  it  is  duly  presented  for  acceptance  and  such  duhinored. 
an  acceptance  as  is  prescribed  by  this  act  is  refused  or 
cannot  be  obtained  ;  or 

2.  Vriien  presentment  for  acceptance  is  excused  and 
the  bill  is  not  accepted. 

Section  150.     Where  a  bill  is  duly  presented  for  ac-  when  person 
ceptance  and  is  not  accepted  within  the  ])rescribed  time  biTiTserfight 
the  person  presenting  it  must  treat  the  bill  as  dishonored  of ''^'^ou-'se- 
by  non-acceptance  or  he  loses  the  right  of  recourse  against 
the  drawer  aud  the  iudorsers. 


516 


Acts,  1898.  —  Chap.  538. 


bolder. 


Section  151.     When  a  bill   is  dishonored  h 


dfsho^nored*'  SECTION  IDI.      vv tten  {i   Dill   18  Qisnonored  uy  non-ac- 

rightof  ceptance   an    immediate   riofht    of    recourse    against    the 

recourse  i^^  .  ~  p 

accrues  to         drawers  and  indorsers  accrues  to  the  holder  and  no  pre- 
sentment for  payment  is  necessary. 


When  foreign 
bill  is  dlBhon- 
ored  by  non- 
acceptauce  it 
iimst  be 
protested,  etc. 


Protest  must  be 
annexed  to  the 
bill,  etc. 


Bj-  whom  pro- 
test may  be 
made. 


Protest  must  be 
made  on  daj-  of 
dishonor, 
unless,  etc. 


Protest  must  be 
made  at  the 
place  where  it 
is  dishonored, 
ezccpi,  etc. 


PROTEST. 

Section  152.  Where  a  foreign  bill  appearing  on  its 
face  to  be  such  is  dishonored  by  non-acceptance  it  must 
ho  duly  protested  for  non-acceptance,  and  where  such  a 
bill  which  has  not  previously  been  dishonored  by  non- 
acceptance  is  dishonored  by  non-payment  it  must  be  duly 
protested  for  non-payment.  If  it  is  not  so  protested  the 
drawer  and  indorsers  are  discharged.  Where  a  bill  does 
not  appear  on  its  face  to  be  a  foreign  bill  protest  thereof 
in  case  of  dishonor  is  unnecessary. 

Section  153.  The  protest  must  be  annexed  to  the 
bill,  or  must  contain  a  copy  thereof,  and  must  be  under 
the  hand  and  seal  of  the  notary  making  it,  and  must 
specify : 

1.  The  time  and  place  of  presentment ; 

2.  The  fact  that  presentment  was  made  and  the  manner 
thereof ; 

3.  The  cause  or  reason  for  protesting  the  l)ill ; 

4.  The  demand  made  and  the  answer  given,  if  any,  or 
the  fact  that  the  drawee  or  acceptor  could  not  be  found. 

Section  154.     Protest  may  be  made  by  : 

1.  A  notary  public ;  or 

2.  By  any  respectable  resident  of  the  place  where  th( 
])ill  is  dishonored,  in  the  presence  of  two  or  more  credible 
witnesses. 

Section  155.     When  a  bill  is  protested  such  protest 
must  be  made  on  the  day  of  its  dishonor,  unless  delay  is| 
excused  as  herein  provided.     When  a  bill  has  been  dulj 
noted  the  protest  may  be  subsequently  extended  as  of  the 
date  of  the  noting. 

Section   156.     A  bill  must  be  protested  at  the  place 
where  it  is  dishonored,  except  that  when  a  bill  drawn  pay- 
able at  the  place  of  business  or  residence  of  some  pcrson| 
other  than  the  drawee  has  been  dishonored  by  non-accept 
ance  it  must  be  protested  for  non-payment  at  the  place! 
where  it  is  expressed  to  be  payable,  and  no  further  pre-1 
sentment  for  payment  to,  or  demand  on,  the  drawee  iai 
necessary. 


Acts,  1898.  — Chap.  533.  517 

Section    157.      A  hill  which  has  been  protested  for  bhi  not ac 
non-acceptance  may  be  subsequently  protested  for  non-  protesteTfor" 

payment.  non-payment. 

Section  ir)8.     Where  the  acceptor  has  been  adjudged  plotZUd'ilr 
a  bankrui)t  or  an  insolvent,  or  has  nuulo  an  assignment  better  security 
for  the  benefit  of  creditors,  before  the  bill  matures,  the 
holder  may  cause  the  bill  to  be  protested  for  better  secur- 
ity against  the  drawer  and  indorsers. 

Section  159.     Protest  is  dispensed   with  by  any  cir-  whenproteetia 

,  1  •    1  ITT  'A.\  J.'  1.'    T    1*^  dispensed  with. 

cumstances  which  would  dispense  with  notice  oi  dishonor. 
Delay  in  noting  or  protesting  is  excused  when  delay  is 
caused  by  circumstances  beyond  the  control  of  the  holder 
and  not  imputable  to  his  default,  misconduct,  or  negligence. 
When  the  cause  of  delay  ceases  to  operate  the  bill  must  be 
noted  or  protested  with  reasonable  diligence. 

Section  IGO.     AVhere  a  l)ill  is  lost  or  destroyed  or  is  if  biiiisiostor 
wrongly  detained  from  the  person  entitled  to  hold  it  pro-  feTt'maylje'" 
test  may  be  made  on  a  copy  or  written  particulars  thereof,  "j^f*"  °°  ''^p^' 


acceptance  for  honor. 

Section  161.  Where  a  bill  of  exchange  has  been  pro-  Acceptance  for 
tested  for  dishonor  by  non-acceptance  or  protested  for  '^°°°'^' 
bettor  security  and  is  not  overdue,  any  person  not  being 
a  i^art}*  already  liable  thereon  may,  with  the  consent  of  the 
holder,  intervene  and  accept  the  bill  supra  protest  for  the 
honor  of  any  party  liable  thereon  or  for  the  honor  of 
the  person  for  whose  account  the  bill  is  drawn.  The 
acceptance  for  honor  may  be  for  part  only  of  the  sum  for 
which  the  bill  is  drawn ;  and  where  there  has  been  an 
ac-ceptance  for  honor  for  one  party  there  may  be  a  further 
acceptance  by  a  ditlereut  person  for  the  honor  of  another 
j)aity. 

Section  102.     An  acceptance  for  honor  supra  protest  Must  be  in 
must  be  in  writing  and  indicate  that  it  is  an  acceptance 
for  honor,  and  must  be  signed  by  the  acceptor  for  honor. 

Section    163.      Where  an  acceptance  for  honor  does  pTes's'ij^Mated 
not  expresslv  state  for  whoso  honor  it  is  made  it  is  deemed  !,' *''*''",'f 

I  '  deemed  for 

to  1)0  an  acceptance  for  the  honor  of  the  drawer.  honor  of 

Section  164.     The  acceptor  for  honor  is  liable  to  the  Liability  of  ac- 

holder  and  to  all  jiarties  to  the  l)ill  subsequent  to  the  party  ^000°/.^°"^ 

for  who.se  honor  he  has  accepted. 

Section   165.     The  acceptor  for  honor  by  such  accept-  Same  subject. 

auco  engages  that  ho  will  on  due  presentment  pay  the  bill 


518 


Acts,  1898.  — Chap.  533. 


Maturity  of  liill 
accepted  lor 
honor. 


When  (liBhon- 
ored  bill  is 
accepted  tor 
honor  it  munt 
be  protested, 
etc. 


Presentment 
for  payment. 


Certain  provi- 
sionB  to  apply. 


When  hill  Ib 
diwhonored  by 
accei)lor  for 
honor  it  mut<t  he 
proteBted. 


according  to  the  terms  of  his  acceptance,  provided  it  shall 
not  have  been  paid  by  the  drawee,  and  provided  also,  that 
it  shall  have  been  duly  presented  for  payment  and  pro- 
tested for  non-payment  and  notice  of  dishonor  given  to  him. 

Section  16G.  Where  a  bill  payable  after  sight  is  ac- 
cepted for  honor  its  maturity  is  calculated  from  the  date 
of  the  noting  for  non-acceptance  and  not  from  the  date  of 
the  acceptance  for  honor. 

Section  167.  Where  a  dishonored  bill  has  been  ac- 
cepted for  honor  supra  protest  or  contains  a  reference  in 
case  of  need  it  must  be  protested  for  non-payment  before 
it  is  presented  for  payment  to  the  acceptor  for  honor  or 
referee  in  case  of  need. 

Section  108.  Presentment  for  payment  to  the  acceptor 
for  honor  umst  be  made  as  follows  : 

1.  If  it  is  to  be  presented  in  the  place  where  the  pro- 
test for  non-payment  was  made  it  must  be  presented  not 
later  than  the  day  following  its  maturity  ; 

2,  If  it  is  to  be  presented  in  some  other  place  than  the 
place  where  it  was  protested  then  it  must  be  forwarded 
within  the  time  specified  in  section  one  hundred  and  four. 

Section  169.  The  provisions  of  section  eighty-one 
apply  where  there  is  delay  in  making  presentment  to  the 
acceptor  for  honor  or  referee  in  case  of  need. 

Section  170.  When  the  bill  is  dishonored  by  the  ac- 
ceptor for  honor  it  must  be  protested  for  non-payment  by 
him. 


Payment  for 
honor. 


Mn8t  be  at- 
ti-sted  by  nota- 
rial act  of 
honor. 


Notarial  act  of 
honor  must  be 
founded  on  dec- 
laration made 
by  the  payer. 


Pernon  who(*e 
jtayraent  will 
discliarge  raoHt 
parties  to  be 
given  pref- 
erence. 


PAYMENT    FOR    HONOR. 

Section  171.  Where  a  bill  has  been  protested  for 
non-payment  any  person  may  intervene  and  pay  it  supra 
protest  for  the  honor  of  any  person  liable  thereon  or  for 
the  honor  of  the  person  for  whose  account  it  was  drawn. 

Section  172.  The  payment  for  honor  supra  protest 
in  order  to  operate  as  such  and  not  as  a  mere  voluntary 
payment  must  be  attested  by  a  notarial  act  of  honor  which 
may  be  appended  to  the  protest  or  form  an  extension  to  it. 

Section  173.  The  notarial  act  of  honor  must  be 
founded  on  a  declaration  made  by  the  ])ayer  for  honor 
or  by  his  agent  in  that  behalf  declaring  his  intention  to 
pay  the  bill  for  honor  and  for  whose  honor  he  pays. 

Section  174.  AVhere  two  or  more  persons  offer  to 
pay  a  bill  for  the  honor  of  different  parties  the  person 
whoso  ]:>ayment  will  discharge  most  parties  to  the  bill  id 
to  be  given  the  preference. 


Acts,  1898.  — Chap.  533.  519 

Sectiox  175.     Where  a  bill  has  been  paid  for  honor  where  bin  has 
all  parties  subsequent  to  the  party  for  whose  honor  it  is  honor^certa?n 
paid  are  discharged,  but  the  payer  for  honor  is  subrogated  charged!'' 
for,   and   succeeds  to,  both  the  rights  and  duties  of  the 
holder  as  regards  the  party  for  whose  honor  he  pays  and 
all  parties  liable  to  the  latter. 

Section  17(5.  Where  the  holder  of  a  liill  refuses  to  where  holder 
receive  payment  supra  protest  he  loses  his  right  of  recourse  ceivrpa>°raent 
against  any  narty  who  would  have  l^een   discharg-ed  by  J^?  loses  right 

s?  J     I         J  C^Jof  recourse. 

such  payment. 

Section  177.     The  payer  for  honor,  on  paying  to  the  rayer  for  honor 
holder  the  amount  of  the  bill  and  the  notarial  expenses  mu "nd  protes't. 
incidental  to  its  dishonor,  is  entitled  to  receive  both  the 
bill  itself  and  the  protest. 


BILLS    IN    A    SET. 

Section  178.     Where  a  bill  is  drawn  in  a  set,  each  part  Buisinaset, 
of  the   set    being   numbered  and  containing  a  reference 
to  the  other  parts,  the  whole  of  the  parts  constitute  one 
bill. 

Section  179.  Where  two  or  more  parts  of  a  set  are  where  two  or 
negotiated  to  diti'erent  holders  in  due  course  the  holder  ITegmiated'to"' 
whose  title  first  accrues  is  as  between  such  holders  the  elTiMehMer 
true  owner  of  the  bill.     But  nothino- in  this  section  aftects  whose  tuie  first 

...  1.1  accrues  is  the 

the  rights  ot  a  person  who  m  due  course  accepts  or  pays  true  owner. 
the  part  first  presented  to  him. 

Section  180.     Where  the  holder  of  a  set  indorses  two  Liability  of 
or  more  parts  to  difl'erent  persons  he  is  liable  on  every 
such  part,  and  every  indorser  subsequent  to  him  is  liable 
on  the  i)art  he  has  himself  indorsed,  as  if  such  parts  were 
separate  lulls. 

Section  181.     The  acceptance  may  be  written  on  any  Acceptance. 
part  and  it  must  be  written  on  one  part  only.     If  the 
drawee  accepts  more  than  one  part,  and  such  accepted 
parts  are  negotiated  to  difierent  holders  in  due  course,  he 
is  liable  on  every  such  part  as  if  it  were  a  separate  bill. 

Section  182.     AVhen  the  acceptor  of  a  bill  drawn  in  a  Liability  of  the 
set  pays  it  without  requiring  the  part  bearing  his  accept-  "*"^^p"""- 
ance  to  ])e  delivered  up  to  him,  and  that  part  at  maturity 
is  outstanding  in  the  hands  of  a  holder  in  due  course,  he 
is  liable  to  the  holder  thereon. 

Section  183.     Except    as   herein    otherwise  provided  l^n7i^rtl°l 
where  any  one  part  of  a  bill  drawn  in  a  set  is  discharged  y^"  ,^',']^|'"^gf 
by  payment  or  otherwise  the  whole  bill  is  discharged.         except,  etc. 


;20 


Acts,  1898.  — Chap.  533. 


Promiesory 
notes  and 
checks. 


Presentation 
of  checkn. 


Certification  of 
check  equiva- 
lent to  accept- 
ance. 

Acceptance  of 
clieck  dis- 
charges 
Indoreers. 

Liability  of 
bauk'to  holder. 


Promissory  Notes  and  Checks. 

Section  184.  A  negotiable  promissory  note  -within 
the  meaning  of  this  act  is  an  unconditional  promise  in 
writing  made  by  one  person  to  another  signed  by  the 
maker,  engaging  to  jmy  on  demand,  or  at  a  fixed  or  deter- 
minable future  time,  a  sum  certain  in  money  to  order  or 
to  bearer.  Where  a  note  is  drawn  to  the  maker's  own 
order  it  is  not  complete  until  indorsed  by  him. 

Section  185.  A  check  is  a  bill  of  exchange  drawn  on 
a  bank  payable  on  demand.  Except  as  herein  otherwise 
provided  the  provisions  of  this  act  applicable  to  a  bill  of 
exchange  payable  on  demand  apply  to  a  check. 

Section  186.  A  check  must  be  presented  for  payment 
within  a  reasonable  time  after  its  issue  or  the  drawer  will 
be  discharged  from  lialiility  thereon  to  the  extent  of  the 
loss  caused  by  the  delay. 

Section  187.  Where  a  check  is  certified  by  the  bank 
on  which  it  is  drawn  the  certification  is  equivalent  to  an 
acceptance. 

Section  188.  Where  the  holder  of  a  check  procures 
it  to  be  accepted  or  certified  the  drawer  and  all  indorsers 
are  discharged  from  liability  thereon. 

Section  189.  A  check  of  itself  does  not  operate  as 
an  assignment  of  any  part  of  the  funds  to  the  credit  of 
the  drawer  with  the  bank,  and  the  bank  is  not  liable  to  the 
holder  unless  and  until  it  accepts  or  certifies  the  check. 


Negotiable 

Instruments 

Act. 

Ortain  terms 
defined. 


General  Provisions. 

Section  190.  This  act  shall  be  known  as  the  Nego- 
tiable Instruments  Act. 

Section  191.  In  this  act,  unless  the  context  otherwise 
requires : 

"  Acceptance  "  means  an  acceptance  completed  by  deliv- 
ery or  notification. 

"  Action  "  includes  counter-claim  and  set-oflf. 

**  Bank"  includes  any  person  or  association  of  persons 
carrying  on  the  business  of  banking,  whether  incorporated 
or  not. 

"Bearer"  means  the  person  in  possession  of  a  bill  <n* 
note  which  is  payable  to  l)earer. 

"  Bill  "  means  bill  of  exchange,  and  "  note  "  means  nego- 
tiable promissory  note. 


Acts,  1898.  — Chap.  534.  521 

"  Dolivciy  "  means  transfer  of  possession,  actual  or  con- 
structive, from  one  person  to  another. 

"  Holder"  means  the  pa^'eeor  indorsee  of  a  bill  or  note, 
who  is  in  possession  of  it,  or  the  bearer  thereof. 

"Indorsement"  means  an  indorsement  completed  by 
delivery. 

"Instrument"  means  negotiable  instrument. 

"Issue"   means  the  first  delivery   of  the   instrument, 
complete  in  form  to  a  person  who  takes  it  as  a  holder 

"Person"  includes  a  body  of  persons,  whether  incor- 
porated or  not. 

"  Value"  means  valuable  consideration. 

"Written"  includes  printed,  and   "writing"  includes 
print. 

Section  192.     The  person  "  primarily"  liable  on  an  Primary 
instrument  is  the  person  who  by  the  terms  of  the  instru-  >"***^ '*>'•  ®^'=- 
ment  is  absolutely  required  to  pay  the  same.     All  other 
parties  are  "  secondarily  "  liable. 

Section  193.     In  determining  what  is  a  "reasonable  Reasonable 
time"  or  an  "  unreasonable  time"  regard  is  to  be  had  to  defined.  ' 
the  nature  of  the  instrument,  the  usage  of  trade  or  busi- 
ness, if  any,  with   respect  to  such  instruments,  and  the 
facts  of  the  particular  case. 

Section  194.     AVhere  the  da}',   or  the    last  day,   for  inBtruments 
doing  any  act  herein  required  or  permitted  to  be  done  slindfy  or^'a" 
falls  on  Sunday  or  on  a  holiday,  the  act  may  l^e  done  on  ''°'*'*''>- 
the  next  succeeding  secular  or  business  day. 

Section  195.     The  provisions  of  this  act  do  not  apply  Not  to  apply  to 
to  negotiable  instruments  made  and  delivered  prior  to  the  menTs. ' 
passage  hereof. 

Section  19G.     In  anv  case  not  provided  for  in  this  act  Ruiesof law 

»•  i  merchant  to 

the  rules  of  the  law  merchant  shall  govern.  govern. 

Section  197,     All  acts  and  parts  of  acts  inconsistent  Repeal. 
with  the  provisions  of  this  act  are  hereby  repealed. 

Section  198.     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  January  in  the  year  eighteen  hundred  and  ninety-nine. 

Approved  June  15,  1898. 


Chap.5d4: 


An  Act  to  authorize  the  city  ok  boston  to  pay  a  sum  of  money 
TO  the  widow  ok  .iames  m.  kllis. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The  city  of  Boston  is  herebv  authorized  Y^'^^'^iS^vu- 

•J  -     ^  ,       Jameii  M.  EII18. 

to  pav  to  the  widow  of  James  M.  Ellis  late  a  foreman  in 


S22  Acts,  1898.  —  Chaps.  535,  536,  537. 

the  street  department  of  said  city,  the  balance  of  salary 
to  which  he  would  have  been  entitled  had  he  lived  and 
continued  to  hold  his  office  until  the  thirty-first  day  of 
January  in  the  year  eighteen  hundred  and  ninety-nine. 
Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  June  16^  1898. 

Chcip.535         ^^  -^CT   RELATIVE   TO   DECLARATIONS   OK   DECEASED   PERSONS. 

Be  it  enacted,  etc. ,  as  folloivs : 

*v^c^f^^oitflT       -^^  declaration  of  a  deceased  person  shall  be  excluded 
excluded  as        as  cvidencc  on  the  o-round  of  its  beino;  hearsay  if  it  ap- 

evidence*  *~  o  •/  1 

pears  to  the  satisfaction  of  the  judge  to  have  been  made 
in  good  faith  before  the  beginning  of  the  suit  and  ujion 
the  personal  knowledge  of  the  declarant. 

Approved  June  16,  1898. 

Chap.5^(j  '^^  Act  TO  AUTHORIZE  THE  COUNTY  COMMISSIONERS  OF.  THE 
COUNTY  OF  HAMPDEN  TO  PAY  A  SUM  OF  MONEY  TO  THE  WIDOW 
OF  THE   LATE   GEORGE   ROBINSON. 

Be  it  enacted,  etc.,  as  folloivs : 
Widow  of  Sectiox  1.     Tlie  county  commissioners  of  the  county 

George  Rob-  ,.   tt  i  iii-i  •  t 

ineou.  of  Hampden  are  hereby  authorized  to  pay  to  the  widow 

of  George  Robinson  late  justice  of  the  district  court  of 
eastern  Hampden,  who  died  on  the  fifth  day  of  May  in 
the  year  eighteen  hundred  and  ninety-eight,  the  balance 
of  salary  which  he  would  have  been  entitled  to  receive 
if  he  had  lived  and  continued  to  serve  as  such  justice 
until  the  end  of  said  year. 

Section  2.     This  act  shall  take  efiect  upon  its  })assage. 

Approved  June  16,  1898. 


Chap.^2^1 


An  Act  relative  to  reinsurance  contracts 
Be  it  enacted,  etc. ,  as  follows : 
Applicants  to         SECTION  1.     Whcncver  au  application  for  admisslou  to 

do  business  of  i    i      •  i       i  11. 

fireinsurance  tliis  Commonwcalth  IS  made  i)y  a  company,  whether  ot 
deciaratTou,  etc.  auothcr  statc  of  the  United  States  or  of  a  foreign  coun- 
try, for  the  transaction  of  the  business  of  fire  insurance 
herein,  such  company  shall,  as  one  of  the  prerequisites 
of  admission,  tile  a  sworn  declaration,  signed  l)y  its  presi- 
dent and  secretary,  or  officers  corresponding  thereto,  that 
it  will  not  reinsure  any  risk  or  part  thereof  taken  by  it 


Acts,  1898.  — CrtAP.  537.  523 

6n  any  property  located  in  Massachusetts  with  any  com- 
pany not  authorized  to  transact  the  business  of  tire  in- 
surance in  said  Commonwealth,  except  as  is  hereinafter 
provided.  Every  tire  insurance  company  now  or  here- Annual  return 
after  admitted,  shall  annually  and  at  such  other  times  as  lusirrill^ce'^^  ^'^ 
the  insurance  commissioner  may  require,  in  addition  to  commissioner, 
all  returns  now  by  hiw  required  of  it  or  its  agents  or 
managers,  make  a  return  to  the  insurance  conmiissioner 
in  such  form  and  detail  as  may  be  prescribed  by  him,  of 
all  reinsurance  contracted  for  or  ctfected  by  it,  directly  or 
indirectly,  upon  property  located  in  Massachusetts,  such 
return  to  be  certitied  In'  the  oath  of  its  president  and  sec- 
retary if  a  company  of  one  of  the  United  States,  and,  if 
a  company  of  a  foreign  country,  by  its  president  and  sec- 
retary, or  by  officers  corresponding  thereto,  as  to  reinsur- 
ance as  aforesaid  contracted  for  or  etiected  through  the 
foreign  office,  and  by  the  United  States  manager  as  to 
such  reinsurance  effected  by  the  United  States  branch ; 
and  if  any  company  shall  directly  or  indirectly  reinsure 
any  risk  taken  by  it  on  any  property  located  in  Massa- 
chusetts in  any  company  not  duly  authorized  to  transact 
business  herein,  or  if  it  shall  refuse  or  neglect  to  make 
the  returns  required  by  this  act,  the  insurance  commis- 
sioner may  revoke  its  authority  to  transact  business  in 
this  Commonwealth :  provided,  however,  that  any  com-  Proviso. 
pany  authorized  to  do  business  in  this  Commonwealth 
may  insure  and  have  full  authority  to  reinsure  in  unau- 
thorized companies  any  property  located  in  Massachusetts 
in  respect  to  which  an  affidavit  has  been  filed  within  the 
twelve  months  next  })receding  in  accordance  with  the  pro- 
visions of  section  eighty-three  of  chapter  five  hundred 
and  twenty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  in  which  case  the  restrictive  provision 
of  section  twenty  of  the  same  chapter  as  to  the  amount 
which  may  be  insured  in  a  single  hazard  shall  not  apply. 

Section  2.     Section  eighty-four  of  chapter  five  hun- i894, 522.  §  84, 
dred  and  twenty-two  of  the   acts    of  the  year   eighteen  ^'"*'° 
hundred  and  ninety-four  is  hereby  amended  by  striking 
out  in  the  ninth    line,  the   words    "  of  another  state  or 
government",  and  by  inserting  after  the  word  "therein", 
in  the  twelfth  line,  the  words: — except  as  may  be  here- 
after provided  by  law,  — so  as  to  read  as  follows  :  —  Sec-  Foreign  ineur- 
tion  84.     Foreign  companies  admitted  to  do  business  in  ^TdoXn^wlT 
the  Commonwealth  shall  make  contracts  of  insurance  upou  ?e8ident°ag^ent8. 


524 


Acts,  1898.  — Chap.  538. 


Tax  to  be  pa 
by  insuring 
company. 


Marine  risks  to 
be  reinsured  in 
certain  cases. 


lives,  property  or  interests  therein,  only  by  lawfully  con- 
stituted and  licensed  resident  agents.  No  policy  of  in- 
surance issued  to  a  citizen  of  the  Commonwealth  by  an 
authorized  company  organized  under  the  laws  of  a  foreign 
country  shall  be  invalidated  by  the  occurrence  of  hostilities 
between  such  foreign  country  and  the  United  States.  And 
no  company  shall  directly  or  indirectly  contract  for  or 
effect  reinsurance  of  any  risk  in  Massachusetts  with  any 
company  not  authorized  to  do  business  therein,  except  as 
may  be  hereafter  provided  by  law. 

Whenever  any  company  negotiating  insurance  effects  a 
reinsurance  of  any  part  thereof,  otherwise  than  through 
licensed  resident  agents,  the  entire  tax  thereon  shall  be 
paid  by  the  original  insuring  company  and  the  tax  com- 
missioner shall  make  no  deduction  on  account  of  such 
reinsurance. 

Section  3.  Any  insurance  company  authorized  to  do 
marine  business  in  this  Commonwealth  may  take  any  risk 
provided  it  reinsures  the  same,  if  necessary,  so  that  it 
does  not  retain  for  itself  of  the  risk  an  amount  exceed- 
ing ten  per  cent,  of  its  capital  and  sur})lus  wherever  they 
may  be,  and  also  provided  that  it  shall  place  such  reinsur- 
ance, if  possible,  at  the  time  and  at  not  over  the  original 
rate,  with  companies  authorized  to  do  marine  insurance 
in  Massachusetts ;  any  amount  in  excess  of  what  can  be 
so  placed  may  be  reinsured  with  other  companies,  if  the 
company  or  agent  procuring  said  risk  shall  tile  an  affida- 
vit to  that  effect  with  the  insurance  commissioner,  at  such 
time  and  in  such  form  as  may  be  prescribed  by  him. 

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

Approved  June  17,  1S98. 


1890,  428,  §  7, 
etc.,  amended. 


Chap.53S  ^'^  ^^"^  RELATIVE   TO   THE   ABOLITION  OP   GRADE   CROSSINGS. 

Be  it  enacted,  etc.,  asfoUoivs: 

Sectiox  1.  Section  seven  of  chapter  four  hundred 
and  twenty-eight  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety,  as  amended  by  chapter  two  hundred  and 
eighty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three,  and  by  chapter  five  hundred  and  forty- 
five  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four,  is  hereby  amended  Ijy  striking  out  the  whole  of  said 
section  and  inserting  in  place  thereof  the  following :  — 
wmpeMa'trou?'  Sectiou  7.     The  court  shall  appoint  an  auditor,  who  shall 

etc. 


Acts,  1898.  — Chap.  538.  525 

be  a  disinterested  person,  not  an  inhabitant  of  tho  city  or 
town  in  which  the  crossing  is  situated,  to  whom  shall 
from  time  to  time  be  submitted  all  accounts  of  expense, 
whether  incurred  by  the  railroads,  city,  town,  commission 
or  auditor,  who  shall  audit  the  same  and  make  report 
thereon  to  the  court ;  which  auditing  w^lien  accepted  by 
the  court  shall  be  final.  A  certified  copy  of  such  report 
and  the  decree  of  the  court  thereon  shall  in  all  cases  be 
filed  with  the  auditor  of  accounts.  The  compensation  of 
the  auditor  shall  be  determined  in  accordance  with  the 
provisions  of  law  relative  to  the  compensation  of  auditors 
appointed  })v  the  superior  court  in  civil  cases.     Said  court  Payment  of 

I      ,,     ,.  1-  J.      I-  '  -i.        1  V  i  expouses,  etc. 

sliall  from  tune  to  tune  issue  its  decrees  tor  payment  on 
the  part  of  the  railroad  corporation,  not  exceeding  the 
amounts  apportioned  to  it  by  said  auditor,  and  for  the  pay- 
ment on  the  part  of  the  Commonwealth,  not  exceeding  the 
amounts  apportioned  to  the  Commonw^ealth  and  to  the  city 
or  town  ;  and  such  city  or  town  shall  repay  to  the  Coumion- 
wealth  the  amount  apportioned  to  the  city  or  town  by  said 
auditor,  with  interest  thereon,  payable  annually  at  the 
rate  of  four  per  cent,  per  annum,  from  the  date  of  the 
acceptance  of  the  report  of  the  auditor.  Such  repayment 
of  the  principal  shall  ])c  made  annually  in  such  amounts 
as  the  auditor  of  the  Commonwealth  may  designate  ;  and 
the  amount  of  payment  designated  for  the  year,  with  the 
interest  due  on  the  outstanding  principal,  shall  be  included 
by  the  treasurer  and  receiver  general  in,  and  made  a  part 
of,  the  sum  charged  to  such  city  or  town,  and  be  assessed 
upon  it  in  the  apportionment  and  assessment  of  its  annual 
state  tax  ;  and  said  treasurer  shall  in  each  year  notify  such 
city  or  town  of  the  amount  of  such  assessment,  which 
amount  shall  1)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  :  provided,  however,  that  when  Proviso. 
the  last  and  final  assessment,  assessed  as  above,  on  cities 
and  towns,  becomes  due  and  is  paid,  the  treasurer  of  the 
Commonwealth  siiall  ])ay  to  said  cities  and  towns  so  pay- 
ing, as  an  ofl'set  to  and  a  reduction  of  such  last  payment, 
an  amount  equal  to  the  excess,  if  any,  of  the  amount  of 
interest  already  assessed  and  collected  from  cities  and 
towns  under  this  section,  above  the  actual  interest  cost  to 
the  Commonwealth  for  money  borrowed  for  the  abolition 
of  grade  crossings  previous  to  the  payment  of  said  last 
assessment  by  the  cities  and  towns  as  aforesaid ;  and  said 


526  Acts,  1898.  — Chap.  539. 

excess  of  interest,  if  any,  so  paid  shall  be  on  the  exact 
amounts  repaid  to  the  Commonwealth  by  cities  and  towns 
on  which  interest  has  been  collected  under  the  provisions 
of  this  act,  and  no  more. 

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

Approved  June  17^  1898. 

Chav.53^  An  Act  relative  to  the  constuuction  and  RErAiu  of  state 

HIGHWAYS. 

Be  it  enacted,  etc.,  as  follows: 
Construction  SECTION  1.     Thc    Massachusctts   hiijhwav  commission 

and  repair  of  i         •        i  i  i  •  x- 

Btate  highways,  jj.,  hereby  authorized  to  expend  a  sum  not  exceednig  lOur 
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  whole 
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  three  hundred  thousand  dollars. 

be°LmpioyTd. '^^  Section  2.  No  pcrsous  except  citizens  of  this  Com- 
monwealth shall  be  employed  on  the  work  authorized  by 
this  act. 

state  Highway  Sectiox  3.  For  thc  purposc  of  meeting  any  expenses 
which  may  be  incurred  under  the  provisions  of  this  act 
the  treasurer  and  receiver  general  is  hereby  authorized, 
with  the  approval  of  the  governor  and  council,  to  issue 
scrip  or  certificates  of  indebtedness  to  an  amount  not  ex- 
ceeclino;  four  hundred  thousand  dollars,  for  a  term  not 
exceeding  thirty  years.  Said  scrip  or  certificates  oi  in- 
debtedness shall  be  issued  as  registered  l)onds  or  with 
interest  coupons  attached,  and  shall  bear  interest  not 
exceeding  four  per  cent,  per  annum,  payable  semi-annu- 
ally on  the  first  day  of  April  and  of  October  in  each  year. 
Such  scrip  or  certificates  of  indebtedness  shall  be  desig- 
nated on  their  face  as  the  State  Highway  Loan,  shall  be 
countersigned  by  the  governor,  and  shall  be  deemed  a 
pledge  of  the  faith  and  credit  of  the  Commonwealth ; 
and  the  principal  and  interest  thereof  shall  be  paid  at  the 
times  specified  therein  in  gold  coin  of  the  United  States 
or  its  equivalent,  and  said  scrip  or  certificates  of  indebted- 
ness shall  be  sold  and  disposed  of  at  public  auction,  or 


Acts,  1898.— Chat.  5^0.  527 

in  such  other  manner,  at  such  times  and  prices,  in  such 
amounts  and  at  such  rates  of  interest,  not  exceeding  the 
rate  above  specitied,  as  shall  be  deemed  best.  The  sink-  sinking  fund. 
ing  fund  established  by  chapter  four  hundred  and  ninety- 
seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  shall  also  be  maintained  for  the  purpose  of 
providing  for  the  payment  of  the  bonds  issued  under  the 
authority  of  this  act,  and  the  treasurer  and  receiver  gen- 
eral shall  apportion  thereto  from  year  to  year  an  amount 
sufficient  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  eflect  upon  its  passage. 

Approved  June  17,  189S. 

An  An  relatfve  to  streets  and  lands  in  the  neighborhood  (JJinjy  540 

OF   PARKS,  PARKWAYS  AND  BOULEVARDS  IN  THE  CITY  OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board  of  park  commissioners  of  the  Public  ways  to 
city  of  Boston  may  authorize  connections  to  be  made  of  wuh"parkway« 
public  ways  with  any  boundary  road  of  any  public  park  ^"'^  boulevards. 
or  with  any  parkway  or  boulevard  now  or  hereafter  placed 
under  the  charge  of  said  board,  according  to  such  direc- 
tions, widths  and  grades,  and  with  such  curb  and  other 
surface  construction  for  the  parts  of  such  w^ays  situated 
within  the  distance  of  five  hundred   feet  from  a  park, 
parkway  or  Iwulevard  as  they  shall  prescribe,  whether 
any  such  directions,  widths  and  grades  are  shown  on  any 
l)lan,  or  whether  any  such  way  has  been  laid  out  or  con- 
structed  under  the  provisions  of  chapter  three  hundred 
and  twenty-three  of  the  acts  of  the  year  eighteen  hundred 
an<l  ninety-one  and  acts  in  amendment  thereof  or  in  addi- 
tion thereto,  or  otherwise. 

Section  2.  Said  board  of  park  commissioners  shall  ^acJ'BlatVr*'*' 
have  power  to  plant  trees,  place  seats,  standpipes,  drink-  etc. 
ing  fountains,  and  works  of  art  on  said  parts  of  ways,  and 
may  establish  reasonable  rules  and  regulations  relating  to 
the  displaying  of  advertisements  and  to  the  height  and  the 
character  of  fences  placed  upon  said  parts  of  ways,  as  they 
shall  deem  the  public  interests  require. 


528  Acts,  189S.  —  Chaps.  541,  542. 

Penalty.  SECTION   3.     Any  persoii  violating  any  sucii  rules  or 

regulations  shall  for  each  day  that  such  violation  continues 
forfeit  and  pay  a  fine  not  exceeding  twenty  dollars. 

Apjjroved  June  20,  189S. 

C'/ift7?.541  ^^  ^^^  ^^  EXEMPT  THE  TOWN  OF  BOXFOUD  FROM  MAINTAINING 
A  HIGH  SCHOOL  AND  FROM  PAYING  THE  TUITION  OF  PUPILS 
LIVING  IN  SAID  TOWN  AND  ATTENDING  A  HIGH  SCHOOL  IN 
ANOTHER   TOWN   OR   CITY. 

Be  it  enacted,  etc.,  as  follows: 
Town  of  Box-         Section  1.     8o  lonff  as  there  shall  be  provided  in  the 

ford  6X6ITipl  ^ 

from  maintaiu-  Barker  frcc  school,  a  school  maintained  in  the  town  of 
e°f.  '^  *'^  °°'  Boxford,  free  instruction  satisfactory  to  a  majority  of  the 
school  committee  of  said  town  in  all  the  branches  usually 
tausjht  in  a  hio;h  school  in  a  town  containintj:  less  than  four 
thousand  inhabitants,  for  all  pupils  living  in  said  town  of 
Boxford  who  may  wish  to  attend  said  school,  said  town 
shall  be  exempt  from  all  requirements  of  law  now  or  here- 
after in  force  requiring  it  to  maintain  a  high  school,  or  if 
it  is  not  required  by  law  to  maintain  a  high  school,  from 
such  requirements  of  law  now  or  hereafter  in  force  as  may 
require  it  to  pay  the  tuition  of  pupils  living  in  said  town 
Piovigos.  and  attending  a  high  school  in  another  town  or  city  :  pro- 

vided, that  nothing  in  this  act  shall  relieve  the  town  of 
Boxford  from  existing  laws  as  to  the  furnishing  of  free 
text- books ;  and  provided,  fiirtlier,  that  said  town  shall 
furnish  transportation,  free  of  charge,  for  all  pujjils  resid- 
ing in  said  town  who  may  wish  to  attend  said  school,  and 
whose  place  of  residence  in  said  town  is  more  than  two 
miles  distant  from  said  school. 

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

Approved  June  20,  1898. 

Chaj)S4:^  An  Act  relative  to  the  hoston  society  of  the  new  Jerusalem. 

Be  it  enacted,  etc. ,  as  follows  : 
May  take  aud         Section  1 .     The  Bostou  Societv  of  the  New  Jerusalem, 

hold  real  and        .,,..  .  .,  ^  .  /»• 

personal  estate  lu  addition  to  the  powcr  given  in  the  second  section  ot  its 
in  vaiue^  '"^'  charter  of  incorporation  and  in  acts  in  addition  thereto, 
$500,000.  ^^^,  ^^^^  ^j^^l  jj^^j^:^  ^^j.  religious,  charital)lc  and  educational 

purposes,  in  fee  simple  or  otherwise,  by  gift,  grant,  devise 

or  purchase,  any  real  or  personal  estate  to  an  amount  not 

exceeding  in  all  the  sum  of  five  hundred  thousand  dollars. 

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

Approved  June  20,  1898. 


Acts,  1898.  —  Chap.  543.  529 

An  Act  to  kstahlish  the  greylock  state  reservation  in  the  Hlinrx  543 

COUNTY   OK    BERKSIIIKE.  ^  * 

Be  it  enacted^  etc.,  as  folloios : 

Section  1.  Within  thirty  days  after  the  passage  of  ort^yiock 
this  act  tlie  governor,  with  the  advice  and  conseut  of  the  commission. 
council,  shall  appoint  a  commission  to  be  known  as  the 
Greylock  Keservation  Commission,  consisting  of  three 
persons,  all  of  whom  shall  be  residents  of  the  county  of 
Berkshire,  one  member  of  said  commission  to  be  appointed 
for  the  term  of  two  years,  one  for  the  term  of  four  years 
and  one  for  the  term  of  six  years ;  and  there  shall  be  one 
member  of  said  commission  appointed  in  like  manner  every 
two  years  thereafter,  to  serve  for  the  term  of  six  years 
from  the  date  of  appointment.  The  memliers  of  the  com- 
mission shall  serve  without  compensation. 

Section  2.     The  commission  is  hereby  authorized  and  J-yidmaybe 

1-  1  11  1  •>  I'll  taken  for  a 

directed  to  take,  by  purchase,  gift  or  otherwise,  land  not  state  reserva- 
to  exceed  ten  thousand  acres  in  extent,  situate  in  the 
Greylock  mountain  range  in  the  towns  of  Williamstown, 
New  Ashford,  Cheshire,  Adams  and  the  city  of  North 
Adams ;  and  the  land  acquired  under  the  provisions  of 
this  act  shall  be  known  as  the  Greylock  State  Reservation. 

Section  3.     To  carry  out  the  purposes  of  this  act  the  Appropriation. 
sum  of  twenty-rive  thousand  dollars  shall  be  allowed  and 
paid  out  of  the  treasury  of  the  Commonwealth. 

Section  4.  The  commission  shall  have  the  same  Powers  of  tiie 
powers  in  ac(|uiring  land  for  the  Greylock  state  reservation  <"'™'^'^"°°- 
which  are  given  to  the  metropolitan  park  commission, 
established  l)y  chapter  four  hundred  and  seven  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-three,  and 
shall  be  vested  with  full  power  and  authority  to  care  for, 
protect  and  maintain  the  same  on  behalf  of  the  Common- 
wealth. 

Section  5.      The  necessary  exiiense  for  the  care  and  Kxpetmesfor 
maintenance   of  the   Greylock   state  reservation   shall  be  maintenance  of 
annually  estimated  by  the  Greylock  reservation  cominis-  be  estimated 
sion,  and  if  approved  and  accepted  })y  the  county  coinmis-  ''°°"*  ^' 
sioners  of  the  county  of  Berkshire,  shall  be  eml)odied  in 
the  estimate  annually  sul)mitted  by  them  to  the  general 
court,  and  shall  be  assessed  upon  said  county  and  collected 
in  the  same  manner  as  county  taxes. 

Section  fi.     The  county  treasurer  of  said  county  shall  {^e^^'".';{\o^u'^'^ 
hold,    subject   to  the  order  of  the   Greylock   reservation  Fund. 


530 


Acts,  1898.  — Chap.  544. 


Appropriation 
not  available 
until  certain 
property  has 
been  acquired. 


commission,  all  sums  raised  by  taxation  in  the  manner 
provided  in  section  five  of  this  act,  and  all  other  sums 
that  may  be  donated  to  said  commission  for  the  purposes 
of  the  reservation,  as  the  Greylock  State  Reservation 
Fund. 

SECTION  7.  This  act  shall  take  effect  upon  its  passage, 
Ijut  the  sum  herein  allowed  from  the  treasury  of  the  Com- 
monwealth shall  not  be  available  for  the  acquirement  of 
the  lands  specified  in  this  act,  until  the  title  to  certain 
property  now  held  by  a  corporation  known  as  the  Grey- 
lock  Park  Association,  shall  have  been  transferred  to  the 
Commonwealth.  Approved  June  20,  1898. 


ChaV.54:4:  -^^   -^^"^   "^^   REQUIRE   THE   STATE   BOARD   OF   AGRICULTURE  TO  TAKE 
CHARGE    OF    THE    AVORK    OF    EXTERHONATING    THE    BROWN    TAIL 


State  board  of 
agriculture  to 
have  charge  of 
work  of  exter- 
mination of  the 
brown  tail 
moth. 


Penalty  for 
obstructing  the 
work  of  the 
board . 


Penalty  for 
bringing  the 
brown  tail 
moth,  etc.,  into 
thiw  Comtnou- 
wealth. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whenever  the  pest  known  as  the  brown 
tail  moth  is  discovered  in  any  city  or  town  of  this  Com- 
monwealth, it  shall  be  the  duty  of  the  state  board  of  agri- 
culture to  take  immediate  steps  to  prevent  its  spread ; 
and,  in  the  discharge  of  the  duty  imposed  upon  said  board 
by  this  act,  said  board  is  herel)y  vested  with  all  the 
powers  now  conferred  upon  it  by  law  in  exterminating 
the  gypsy  moth,  and  may  expend  of  the  money  heretofore 
appropriated  for  the  extermination  of  the  gypsy  moth  a 
sum  not  exceeding  ten  thousand  dollars. 

Section  2.  Any  person  who  purposely  resists  or 
obstructs  said  state  board  of  agriculture  or  any  person  or 
persons  in  its  employ,  while  engaged  in  the  execution  of 
the  purposes  of  this  act  shall  be  punished  by  a  fine  not 
exceeding  twenty-five  dollars  for  each  ofience. 

Section  3.  It  shall  be  unlawful  for  any  person  know- 
ingly to  bring  the  insect  known  as  the  brown  tail  moth, 
or  its  nests  or  eggs  into  this  Commonwealth,  or  for  any 
person  knowingly  to  transport  said  insect  or  its  nests  or 
eggs  from  any  town  or  city  to  another  town  or  city  within 
this  Commonwealth,  except  while  engaged  in  and  for  the 
purposes  of  destroying  them.  Any  person  who  violates 
the  provisions  of  this  section  shall  be  punished  by  a  fine 
not  exceeding  two  hundred  dollars  or  by  imprisonment  in 
the  hou.'=ie  of  correction  not  exceeding  sixty  days,  or  by 
both  said  fine  and  imprisonment. 


Acts,  1898.  — Chap.  545.  531 


Section  4.     Chapter  five  hundred  and  sixteen  of  the  Repeal. 
acts  of  the  year  eighteen  hundred   and  ninety-seven  is 
hereby  repealed.  Approved  Jane  20,  1S98. 

An  Act  relative  to  contracts  for  the  conditional  sale  oe  (Jhrtj)  545 

PERSONAL   FROPERTY.  "^ 

Be  it  enacted^  etc. ,  as  follows  : 

Section  two  of  chapter  three  hundred  and  thirteen  of  i«8^.  si^,  §  2 
the  acts  of  the  year  eighteen  hundred  and  eighty-four,  as 
amended  by  chapter  four  hundred  and  eleven  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-two,  is  hereby 
amended  by  striking  out  the  word  "  upon  ",  in  the  first 
line,  and  inserting  in  place  thereof  the  word  :  —  before,  — 
by  inserting  after  the  word  "  thereon  ",  in  the  sixth  line, 
the  words  :  —  and  shall  make  a  demand  in  writing  for  the 
balance  then  due,  at  least  thirty  days  before  taking  pos- 
session, —  and  by  inserting  after  the  word  "  furnished", 
in  the  eleventh  line,  the  words  :  —  and  such  demand  made, 
and  until  the  thirty  days  above-named  have  expired,  —  so 
as  to  read  as  follows  :  —  Section  2.     The  vendor  before  conditional 

ji"  .  c  IX'  -i.  /x>j.j»  sales  of  furni- 

taknig  possession  or    such   lurniture  or  eiiects  tor  non-  ture,  etc.; 
compliance  with  the  terms  of  such  contract  of  sale,  shall  Hfeurto^'be'***'' 
furnish  the  vendee  or  other  person  in  charge  of  such  flir-  furnished,  etc. 
niture  or  efiects  an  itemized   statement  of   the  account 
showing  the  amount  then  due  thereon,  and  shall  make  a 
demand  in  writing  for  the  balance  then  due,  at  least  thirty 
days  before  taking  possession ;  and  the  fifteen  days  pro-  . 
vided  by  section  thirteen   of  chapter  one  hundred  and 
ninety-two  of  the  Public  Statutes  during  which  the  vendee 
shall  have  the  right  to  redeem  the  furniture  or  household 
effects  so  taken  shall  not  begin  to  run  until  such  statement 
is  furnished  and  such  demand  made,  and  until  the  thirty 
days  above-named  have  expired,  provided  the  vendee  or 
other  person  in  charge  can  be  found  by  the  vendor  by  the 
exercise   of  reasonable  care  and   diligence.     And  in  all  sa^f""}" 'j  , 

~  advertised,  etc. 

cases  where  seventy-five  per  centum  or  more  has  been 
paid  upon  the  contract  price  by  the  vendee,  upon  default 
in  the  conditions  of  the  lease  by  the  vendee,  after  the  ex- 
])iration  of  the  fifteen  days  as  now  provided  by  law,  for 
the  vendee's  equity  of  redemption,  the  goods  so  forfeited 
shall  be  sold  by  the  vendor  at  public  auction  when  the 
vendee  or  his  legal  representative  shall  request  in  writing 
the  vendor  so  to  do,  and  the  sale  shall  be  duly  advertised 


532  Acts,  1898.  — Chap.  ;'546. 

in  one  of  fhe  principal  newspapers  published  in  the  city 
or  town  where  the  goods  are  situated,  or  if  there  is  no 
such  paper,  in  one  of  the  principal  newspapers  published 
in  such  county,  notice  to  be  published  at  least  tliree  days 
prior  to  the  time  of  the  sale,  and  the  balance  of  the  price 
of  said  sale,  after  deducting  the  balance  due  the  vendor 
on  the  contract  price  and  the  actual  expenses  of  the  auc- 
tion sale,  shall  be  paid  to  the  vendee  or  his  legal  represent- 
atives, and  in  case  the  vendor  refuses  or  neglects  to  sell 
as  provided  herein,  the  right  to  redeem  shall  not  be  deemed 
to  have  been  foreclosed.  Approved  June  21,  1898. 

ChaV.54:G  ^^  "^^^   ^^   APPORTION   AND  ASSESS   A    STATE   TAX  OF   ONE   MILLION 

FIVE   HUNDRED   THOUSAND   DOLLARS. 

Be  it  enacted,  etc.,  as  follows: 
state  tax  appor-      Section  1.     Each  city  and  towH  iu  this  Conimouwealth 

tioned  and  i      n   i  i  i  i  i  •    i         i   •    i       i 

assessed.  shall  bc  asscsscd  and  pay  the  several  sums  with  which  they 

stand  respectively  charged  in  the  following  schedule,  that 
is  to  say  :  — 

Abingtoii,  thirteen  hundred  and  thirty-five  dollars. 
Acton,  eight  hundred  and  seventy  dollars. 
Acushnet,  three  hundred  and  sixty  dollars. 
Adams,  tweuty-six  hundred  and  ten  dollars.  ' 

Agawam,  seven  hundred  and  sixty-five  dollars. 
Alford,  one  hundred  and  live  dollars. 
Amesbury,  three  thousand  and  fifteen  dollars. 
Amherst,  seventeen  hundred  and  fifty-five  dollars. 
Andover,  twenty-eight  hundred  and  twenty  dollars. 
Arlington,  forty-six  hundred  and  thirty-five  dollars. 
Ashburnham,  five  hundred  and  seventy  dollars. 
Ashby,  two  hundred  and  eighty-five  dollars. 
Ashfield,  two  hun(h-ed  and  eighty-five  dollars. 
Ashland,  six  hundred  and  forty-five  dollars. 
Athol,  twenty-two  hundred  and  ninety-five  dollars. 
Attleborough,  thirty-one  hundred  and  thirty-five  dollars. 
Auburn,  three  hundred  and  thirty  dollars. 
Avon,  four  hundred  and  sixty-five  dollars. 
Ayer,  seven  hundred  and  sixty-five  dollars. 
Barnstable,  twenty-two  hundred  and  thirty-five  dollars. 
Barre,  eight  hundred  and  twenty-five  dollars. 
Becket,  two  hundred  and  fifty-five  dollars. 
Bedford,  five  hundred  and  fifty-five  dollars. 
Belchertown,  five  hundred  and  ten  dollars. 


Acts,  1898.  — Chap.  546.  533 

Bellingham,  four  huiKlred  and  twenty  dollars.  state  tax  appor. 

Behnout,  twenty-four  hundred  and  forty-five  dollars.  aTsessed"'' 

Berkley,  two  hundred  and  fifty-five  dollars. 

Berlin,  two  hundred  and  seventy  dollars. 

Bernardston,  two  hundred  and  fifty-five  dollars. 

Beverly,  eighty-one  hundred  and  fifteen  dollars. 

Billerica,  eleven  hundred  and  seventy  dollars. 

Blackstone,  fourteen  hundred  and  eighty-five  dollars. 

Blandford,  two  hundred  and  fifty-five  dollars. 

Bolton,  two  hundred  and  seventy  dollars. 

Boston,  five  hundred  thirty-six    thousand   six  hundred  and 

seventy  dollars. 
Bourne,  eleven  hundred  and  fifty-five  dollars. 
Boxborough,  one  hundred  and  twenty  dollars. 
Boxford,  five  hundred  and  ten  dollars. 
Boylston,  three  hundred  dollars. 
Braintree,  twenty-six  hundred  and  ten  dollars. 
Brewster,  three  hundred  and  fifteen  dollars. 
Bridgewater,  fourteen  hundred  and  ten  dollars. 
Brimfield,  two  hundred  and  forty  dollars. 
Brockton,  fourteen  thousand  two  hundred  and  fifty  dollars. 
Brookfield,  eight  hundred  and  forty  dollars. 
Brookline,  thirty-six  thousand  three  hundred  and  sixty  dollars. 
Bucklaud,  three  hundred  and  forty-five  dollars. 
Burlington,  two  hundred  and  seventy  dollars. 
Cambridge,  forty-eight  thousand  one  hundred  and  ninety-five 

dollars. 
Canton,  twenty-four  hundred  and  thirty  dollars. 
Carlisle,  one  hundred  and  eighty  dollars. 
Carver,  four  hundred  and  eighty  dollars. 
Charlemont,  two  hundred  and  ten  dollars. 
Charlton,  five  hundred  and  forty  dollars. 
Chatham,  five  hundred  and  twenty-five  dollars. 
Chelmsford,  thirteen  hundred  and  five  dollars. 
Chelsea,  twelve  thousand  seven  hundred  and  sixtj'-five  dollars. 
Cheshire,  four  iumdred  and  five  dollars. 
Chester,  three  hundred  and  seventy-five  dollars. 
Chesterfield,  one  hundred  and  sixty-five  dollars. 
Chicopee,  fifty-three  hundred  and  seventy  dollars. 
Chilmark,  one  hundred  and  twenty  dollars. 
Clarksburg,  one  hundred  and  fifty  dollars. 
Clinton,  thirty-nine  hundred  and  seventy-five  dollars. 
Cohasset,  thirty-one  hundred  and  five  dollars. 
Colrain,  three  hundred  and  sixty  dollars. 
Concord,  twent^'-tlnce  hundred  and  eighty-five  dollars. 
Conway,  three  hundred  and  ninety  dollars. 
Cottage  City,  eight  hundred  and  forty  dollars. 


584  Acts,  1898.  — Chap.  546. 

fion^d^nd'^^"'^       Cummington,  one  hundred  and  sixty-five  dollars, 
aasessed.  Dalton,  sixteen  hundred  and  twenty  doUai's. 

Dana,  one  hundred  and  eighty  dollars. 

Danvers,  twenty-eight  hundred  and  twenty  dollars. 

Dartmouth,  fourteen  hundred  and  eighty-five  dollars. 

Dedham,  forty-four  hundred  and  fifty-five  dollars. 

Deerfield,  seven  hundred  and  thirty-five  dollars. 

Dennis,  seven  hundred  aud  fifty  dollars. 

Dightou,  four  hundred  and  eighty  dollars. 

Douglas,  six  huiidred  dollars. 

Dover,  five  hundred  and  fifty-five  doUai's. 

Dracut,  ten  hundred  and  eighty  dollars. 

Dudley,  six  hundred  aud  fifteen  dollars. 

Dunstable,  one  hundred  and  sixty-five  dollars. 

Duxbury,  nine  hundred  dollars. 

East  Bridgewater,  eight  hundred  aud  eighty-five  dollars. 

East  Longmeadow,  three  hundred  and  seventy-five  dollars. 

Eastham,  one  hundred  and  eighty  dollars. 

Easthampton,  sixteen  hundred  and  five  dollars. 

Easton,  twenty-seven  hundred  aud  thirty  dollars. 

Edgartown,  four  hundred  aud  five  dollars. 

Egremont,  two  hundred  and  fifty-five  dollars. 

Enfield,  four  hundred  and  fifty  dollars. 

Erving,  two  hundred  and  forty  dollars. 

Essex,  six  hundred  and  fifteen  dollars. 

Everett,  eighty-one  hundred  and  thirty  dollars. 

Fairhaven,  thirteen  hundred  and  thirty-five  dollars. 

Fall  River,   thirty-eight  tliousand  seven   huudred   aud  thirty 
dollars. 

Falmouth,  thirty-seven  hundred  aud  niuet^'-five  dollars. 

Fitehburg,  twelve  thousand  five  hundred  and  ten  dollars. 

Florida,  ninety  dollars. 

Foxborough,  ten  hundred  and  eighty  dollars. 

Framinghani,  fifty-one  hundred  and  thirty  dollars. 

Franklin,  seventeen  huudred  and  twentj'-five  dollars. 
■  Freetown,  four  hundred  and  ninety-five  dollars. 

Gardner,  twenty-eight  hundred  and  ninety-five  dollars. 

Gay  Head,  fifteen  dollars. 

Georgetown,  six  huudred  dollars. 

Gill,  two  hundred  and  seventy  dollars. 

Gloucester,  eighty-eight  hundred  and  ninety- five  dollars. 

Goshen,  seventy-five  dollars. 

Gosnold,  one  hundred  and  twenty  dollars. 

Grafton,  thirteen  liundred  and  ninety-five  dollars. 

Grauby,  two  hundred  and  fifty-five  dollars. 

Granville,  two  hundred  and  ten  dollars. 

Great  Barringtou,  two  thousand  and  eighty-five  dollars. 

Greenfield,  thirty-three  hundred  aud  ninety  dollars. 


Acts,  1808.  — Chap.  546.  535 

Grecuwich,  one  liundred  and  fifty  dollars.  state  tax  appor. 

Groton,  fifteen  hundred  and  ninety  dollars.  assessed! 

Grovelund,  live  hundred  and  seventy  dollars. 

Hadley,  live  hundred  and  lifty-five  dollars. 

Halifax,  one  hundred  and  (ifty  dollars. 

llaniiKon,  nine  hundred  and  seventy-live  dollars. 

Ihunpden,  two  hundred  and  twenty-five  dollars. 

Hancock,  one  hundred  and  eighty  dollars. 

Hanover,  seven  hundred  and  ninety-five  dollars. 

Hanson,  three  hundred  and  ninety  dollars. 

Hardwick,  eight  hundred  and  eighty-five  dollars. 

Harvard,  five  hundred  and  fifty-five  dollars. 

Harwich,  six  luindred  and  ninety  dollars. 

Hatfield,  five  hundred  and  eighty-five  dollars. 

Haverhill,  fourteen  thousand  and  eighty-five  dollars. 

Hawle}',  ninety  dollars. 

Heath,  ninety  dollars. 

Hingham,  twenty-four  hundred  and  sixty  dollars. 

Hinsdale,  three  hundred  and  ninety  dollars. 

Holbrook,  seven  hundred  and  eighty  dollars. 

Holden,  six  hundred  and  seventy-five  dollars. 

Holland,  fort3'-five  dollars. 

Holliston,  nine  hundred  and  fifteen  dollars. 

Holyoke,  eighteen  thousand  tw^o  hundred  and  eighty-five  dol- 

' lars. 
Hopedale,  nineteen  hundred  and  sixty-five  dollars. 
Hopkintou,  ten  hundred  and  fifty  dollars. 
Hul^bardston,  three  hundred  and  seventy-five  dollars. 
Hudson,  seventeen  hundred  and  eighty -five  dollars. 
Hull,  eighteen  hundred  and  sixty  dollars. 
Huntington,  two  hundred  and  eighty-five  dollars. 
Hyde  Park,  fifty-one  hundred  and  thirty  dollars. 
Ipswich,  seventeen  hundred  and  twenty-five  dollars. 
Kingston,  nine  hundred  dolhirs. 
Lakeville,  three  hundred  dollars. 
Lancaster,  sixteen  hundred  and  eighty  dollars. 
Lauesliorough,  two  hundred  and  fifty-five  dollars. 
Lawrence,  twenty  thousand  two  hundred  and  five  dollars. 
Lee,  ten  hundred  and  twenty  dollars. 
Leicester,  thirteen  hundred  and  sixty-five  dollars. 
Lenox,  nineteen  hundred  and  twenty  dollars. 
Leominster,  thirty-seven  hundred  and  five  dollars. 
Leverett,  one  hundred  and  sixty-five  dollars. 
Lexington,  twenty-five  hundred  and  ninety-five  dollars. 
Leyden,  one  hundred  and  sixty-five  dollars. 
Lincoln,  ten  hundred  and  twenty  dollars. 
Littleton,  four  hundred  and  ninety-five  dollars. 
Lougmeadow,  four  hundred  and  twentv  dollars. 


rm  Acts,  1898.  — Chap.  540. 

State  tax  uppor.       Lowell,  tbirtv-uiue  tlioiisaml  seven  liiHidred  iiiid  twenty  tlol- 

tioned  ami  i 

asBessed.  lai'S. 

Ludlow,  seven  hundred  and  twenty  dollars. 
Lunenburg,  four  hundred  and  twenty  dollars. 
Lynn,  twenty-eight  thousand  and  ninety-five  dollars. 
Lynnfield,  three  hundred  and  forty-five  dollars. 
Maiden,  fifteen  thousand  six  hundred  and  ninety  dollars. 
Manchester,  forty-two  hundred  and  sixty  dollars. 
Mansfield,  ten  hundred  and  sixty-five  dollars. 
Marblehead,  thirty-one  hundred  and  ninety-five  dollars. 
Marion,  live  hundred  and  forty  dollars. 
Marlborough,  fifty-one  hundred  dollars. 
Marslifield,  seven  hundred  and  eighty  dollars. 
Mashpee,  one  hundred  and  five  dollars. 
Mattapoisett,  eight  hundred  and  seventy  dollars. 
Mayuard,  twelve  hundred  dollars. 
Medfield,  seven  hundred  and  ninety-five  dollars. 
Medford,  ten  tiiousand  and  twenty  dollars. 
Medway,  seven  hundred  and  ninety-five  dollai's. 
Melrose,  sixty-six   hundred  and  forty-five  dollars. 
Mendou,  three  hundred  and  fifteen  dollars. 
Merrimac,  seven  hundred  and  thirty-five  dollars. 
Methuen,  twenty-one  hundred  and  ninety  dollars. 
Middleborough,   twentj'-three  hundred  and  ten  dollai's. 
Middlefield,  one  hundred  and  thirty-five  dollars. 
Middletou,  three  hundred  dollars. 
Milford,  thirty-one   hundred  and  sixty-five  dollars. 
Millbury,  twelve  hinidred  and  ninety  dollars. 
Millis,  three  hundred  and  ninety  dollars. 
Milton,  ten  thousand  eight  hundred  and  ninety  dollars. 
Monroe,  ninety  dollars. 

Monson,  ten  hundred  and  ninety-five  dollars. 
Montague,  twenty-one  hundred  dollars. 
Monterey,  one  hundred  and  thirty-five  dollars. 
Montgomery,   seventy-five  dollars. 
Mount  Washington,   forty-five  dollars. 
Nahaut,  thirty-one  hundred  and  eighty  dollars. 
Nantucket,  seventeen  hundred  and  fifty-live  dollars. 
Natick,  thirty-three  hundred  and  thirty  dollars. 
Needham,  seventeen  hundred  and  eighty-live  dollars. 
New  Ashford,  thirty  dollars. 

New  Bedford,  thirty-one  thousand  nine  hundred  and  five  dol- 
lars. 
New  Braintree,  two  hundred  and  twenty-five  dollars. 
New  Marlborough,  three  hundred  dollars. 
New  Salem,  one  hundred  and  sixty-five  dollars. 
Newbury,  six  hundred  dollars. 
''  Newburyport,  fifty-seven  hundred  and  sixty  dollars. 


Acts,  1898.  — Cftap.  r>46.  587 

Newton,   twenty-iiino  lliousuiid   seven  hundred  and  sevenlv-  state  tax  appor- 

,.  1     II       '  "      tioned  and 

live  (lollars,  assessed. 

Norfolk,  two  hundred  and  eighty-live  dollars. 

North  Adams,  fifty-two  hundred  and  five  dollars. 

North  Andover,  nineteen  hundred  and  twenty  dollars. 

North  Attleborough,  twenty-two  hundred  and  five  dollars. 

North  Hrookfield,  eleven  hundred  and  seventy  dollars. 

North  Reading,  two  hundred  and  eighty-five  dollars. 

Northampton,  sixty-four  hundred  and  ninety-five  dollars. 

Northborough,  seven  hundred  and  twenty  dollars. 

Northbridge,  twenty-two  hundred  and  fifty  dollars. 

Northfield,  five  hundred  and  seventy  dollars. 

Norton,  four  hundred  and  eighty  dollars. 

Norwell,  five  hundred  and  seventy  dollars. 

Norwood,  twenty  hundred  and  forty  dollars. 

Oakham,  one  hundred  and  eighty  dollars. 

Orange,  nineteen  hundred  and  sixty-five  dollars. 

Orleans,  three  hundred  and  seventy-five  dollars. 

Otis,  one  hundred  and  twenty  dollars. 

Oxford,  seven  hundred  and  eighty  dollars. 

Palmer,  sixteen  hundred  and  twenty  dollars. 

Paxton,  one  hundred  and  sixty-five  dollars. 

Peabody,  forty-three  hundred  and  eighty  dollars. 

Pelham,  one  hundred  and  five  dollars. 

Pembroke,  three  hundred  and  sixty  dollars. 

Pepperell,  twelve  hundred  dollars. 

Peru,  sixty  dollars. 

Petersham,  three  hundred  and  sixty  dollars. 

Phillipston,  one  hundred  and  fifty  dollars. 

Pittsfield,  eighty-four  hundred  and  fifteen  dollars. 

Plainfield,  ninety  dollars. 

Plymouth,  thirty-nine  hundred  and  forty-five  dollars. 

l^lyinpton,  one  hundred  and  eighty  dollars. 

I'rescott,  nint't}'  dollars. 

Princeton,  four  hundred  and  eight}^  dollars. 

Provincetown,  eleven  hundred  and  forty  dollars. 

Quinoy,  ten  thousand  and  five  dollars. 

Kaudolph,  twelve  hundred  and  sixty  dollars. 

Raynham,  four  hundred  and  eighty  dollars. 

Reading,  twenty-two  hundred  and  eighty  dollars. 

Rehoboth,  four  huiKb-ed  and  five  dollars. 

Revere,  forty-nine  hundred  and  thirty-five  dollars. 

Richmond,  one  hundred  and  eighty  dollars. 

Rochester,  two  hundred  and  eighty-five  dollars. 

Rockland,  seventeen  hundred  and  twenty-five  dollars. 

Rockport,  fifteen  hundred  and  forty-five  dollars. 

Rowe,  one  lunxlred  and  twenty  dollars. 

Rowley,  three  hundred  and  ninety  dollars. 


538  Acts,  1898.  — Chap.  546. 

state  tax  appov-       Rovalston,  three  hundred  dollars. 

tionGCi  unci  *' 

aeeeseed.  Russell,  two  hundred  and  fifty-five  dollars.  i 

Rutland,  three  hundred  and  fifteen  dollars. 
Salem,  sixteen  thousand  and  five  dollars. 
Salisbury,  three  hundred  and  seventy-five  dollars. 
Sandisfield,  one  hundred  and  ninety-five  dollars. 
Sandwich,  five  hundred  and  forty  dollars. 
Saugus,  eighteen  hundred  and  thirty  dollars. 
Savoy,  ninety  dollars. 

Scituate,  thirteen  hundred  and  five  dollars. 
Seekouk,  four  hundred  and  ninety-five  dollars. 
Sharon,  ten  hundred  and  five  dollars. 
Sheffield,  four  hundred  and  ninety-five  dollars. 
Shelburne,  five  hundred  and  ten  dollars. 
Sherborn,  four  hundred  and  thirty-five  dollars. 
Shirley,  four  hundred  and  thirty-five  dollars. 
Shrewsbury,  five  hundred  and  eighty-five  dollars. 
Shutesbury,  ninety  dollars. 
Somerset,  six  hundred  and  fifteen  dollars. 
Somerville,  twenty-seven  thousand  and  seventy-five  dollars. 
South  Hadley,  thirteen  hundred  and  twenty  dollars. 
Southampton,  two  hundred  and  seventy  dollars. 
Southborough,  nine  hundred  and  ninety  dollars. 
Southbridge,  twentj'-three  huixlred  and  eighty-five  dollars. 
Southwick,  three  hundred  dollars. 

Spencer,  twenty-three  hundred  and  twenty-five  dollars. 
Springlield,  thirty-seven  thousand  and  sixty-five  dollars. 
Sterling,  four  hundred  and  eighty  dollars. 
Stockbridge,  eighteen  hundred  and  thirty  dollars. 
Stoneham,  twenty-six  hundred  and  seventy  dollars. 
Stoughtou,  seventeen  hundred  and  ten  dollars. 
Stow,  three  hundred  and  seventy-five  dollars. 
Sturbridge,  five  iiundred  and  ten  dollars. 
Sudbury,  six  hundred  and  thirty  dollars. 
Sunderland,  two  hundred  and  fort}'  dollars. 
Sutton,  seven  hundred  and  thirty-five  dollars. 
Swampscott,  thirty-one  hundred  and  eighty  dollars. 
Swanzey,  five  hundred  and  fifty-five  dollars. 
Taunton,  eleven  thousand  seven  hundred  and  forty-five  dol- 
lars. 
Templeton,  eight  hundred  and  ten  dollars. 
Tewksbury,  eight  hundred  and  eighty-five  dollars. 
Tisbury,  five  hundred  and  ten  dollars. 
Tolland,  seventy-five  dollars. 
Topsfield,  four  hundred  and  thirty-five  dollars. 
Townsend,  six  hundred  and  forty-five  dollars. 
Truro,  one  hundred  and  ninety-five  dollars. 
Tyngsborough,  two  hundred  and  twenty-five  dollars. 
Tyringham,  one  hundred  and  twenty  dollars. 


Acts,  1898.  — Chap.  546.  ^39 

ITpton.  six.  limulred  dollars.  State  tax  appor. 

Uxbriclge,  twelve  hundred  and  seventy-five  dollars.  a8*seteedl 

Wakefield,  thirty-nine  hundred  and  sixty  dollars. 

Wales,  one  hundred  and  sixty-five  dollars. 

Walpole,  thirteen  hundred  and  five  dollars. 

Waltham,  ten  thousand  three  hundred  and  twenty  dollars. 

Ware,  twenty-four  hundred  and  thirty  dollars. 

Wareham,  twelve  hundred  and  forty-five  dollars. 

Warren,  thirteen  hundred  and  eighty  dollars. 

Warwick,  one  hundred  and  ninety-five  dollars. 

Washington,  one  hundred  and  twenty  dollars. 

Watertown,  fifty-two  hundred  and  ninety-five  dollars. 

Wayland,  nine  hundred  dollars. 

Webster,  twenty-two  hundred  and  thirty-five  dollars. 

Wellesley,  four  thousand  and  ninety-five  dollars. 

Wellrteet,  four  hundred  and  twenty  dollars. 

Wendell,  one  hundred  and  thirty-five  dollars. 

Wonhani,  four  hundred  and  thirty-five  dollars. 

West  Boylston,  seven  hundred  and  five  dollars. 

West  Bridgewater,  five  hundred  and  seventy  dollars. 

West  Brookfield,  four  hundred  and  fifty  dollars. 

West  Newbury,  five  hundred  and  ten  dollars. 

\Vest  Springfield,  twenty-six  hundred  and  fifty-five  dollars. 

West  Stockbndge,  two  hundred  and  seventy  dollars. 

West  Tisbury,  tw^o  hundred  and  twenty-five  dollars. 

Westborough,  sixteen  hundred  and  sixty-five  dollars. 

AVestfield,  forty-five  hundred  and  ninety  dollars. 

Weetford,  seven  hundred  and  ninety-five  dollars. 

Westhampton,  one  hundred  and  thirty- five  dollars. 

Westminster,  four  hundred  and  five  dollars. 

Weston,  twenty-one  hundred  and  sixty  dollars. 

Westport,  nine  iiundred  and  fifteen  dollars. 

Westwood,  live  hundred  and  seventy  dollars. 

Weymouth,  thirty-nine  hundred  and  fifteen  dollars. 

Whately,  two  hundred  and  sevent}'  dollars. 

Whitman,  two  thousand  and  sevent}^  dollars. 

Will)rahani,  four  hundred  and  fifty  dollars. 

AViliiamsburg,  five  hundred  and  ten  dollars. 

Williamstown,  fifteen  hundred  and  thirty  dollars. 

\Viliiiington,  five  hundred  and  fifty-five  dollars. 

Winehendon,  thirteen  hundred  and  ninety-five  dollars. 

Winchester,  four  tliousand  and  ninety-five  dollars. 

Windsor,  one  hundred  and  five  dollars. 

Wintlnop,  thirty-one  hundred  and  thirty-five  dollars. 

Woburn,  fifty-seven  hundred  dollars. 

NVorcester,  fifty-six  thousand  five  hundred  and  five  dollars. 

Worthington,  one  hundred  and  eighty  dollars. 

Wrentham,  eight  Iiundred  and  forty  dollars. 

Yarmouth,  nine  hundred  and  sixty  dollars. 


540 


Acts,  1898.  — Cttap.  540. 


Treasurer  to 
issue  warrant 


Payment  of 
aascsBments 


Section  2.  The  treasurer  of  the  Commonwealth  shall 
forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  or  town  taxed  as  aforesaid,  requir- 
ing them  respectively  to  assess  the  sum  so  charged,  ac- 
cording to  the  provisions  of  chapter  eleven  of  the  Pul)lic 
Statutes,  and  to  add  the  amount  of  such  tax  to  the  amount 
of  town  antl  county  taxes  to  be  assessed  T)y  them  respec- 
tively on  each  city  and  town. 

Section  5.  The  treasurer  of  the  Conmionwealth  in  his 
warrant  shall  require  the  said  selectmen  or  assessors  to 
pay,  or  issue  severally  their  warrant  or  warrants  requir- 
ing the  treasurers  of  their  several  cities  or  towns  to  pay, 
to  the  treasurer  of  the  Commonwealth,  on  or  before  the 
tenth  day  of  December  in  the  year  eighteen  hundred  and 
ninety-eight,  the  sums  set  against  said  cities  and  towns  in 
the  schedule  aforesaid ;  and  the  selectmen  or  assessors  re- 
si)ectively  shall  return  a  certilicate  of  the  names  of  the 
treasurers  of  their  several  cities  and  towns,  with  the  sum 
which  each  may  be  required  to  collect,  to  the  treasurer 
of  the  Commonwealth  at  some  time  before  the  first  day 
of  October  in  the  year  eighteen  hundred  and  ninety- 
eight. 
Notice  to  treas-       Section  4.     If  the  amouut  due  from  auv  city  or  town, 

iirerB  of  deliu-  .,,.,.  .  .,  ,'  "  fi 

quent  cities  and  as  providcd  m  this  act,  IS  uot  paid  to  the  treasurer  oi  the 
Commonwealth  within  the  time  specified,  then  the  said 
treasurer  shall  notify  the  treasurer  of  such  delin(|uent  city 
or  town,  who  shall  pay  into  the  treasury  of  the  Common- 
wealth, in  addition  to  the  tax,  such  further  sum  as  would 
be  equal  to  one  per  cent,  per  month  during  such  delin- 
quency from  and  after  the  tenth  day  of  l)eceml)er  in  the 
year  eighteen  hundred  and  ninety-eight ;  and  if  the  same 
remains  unpaid  after  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-nine,  an  information  may  be 
filed  by  the  treasurer  of  the  Commonwealth  in  the  suprem«' 
judicial  court,  or  l^efore  any  justice  thereof,  against  such 
delinquent  city  or  town  ;  and  upon  notice  to  such  city  or 
town,  and  a  sunnnary  hearing  thereon,  a  \varrant  of  dis- 
tress may  issue  against  such  city  or  town  to  enforce  the 
payment  of  said  taxes  under  such  penalties  as  said  coui-t 
or  the  justice  thereof  before  whom  the  hearing  is  had  shall 
order. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  21,  189S. 


Acts,  1898.  —  Chaps.  547,548.  541 


An  Act  to  autiiorizk  the  metropolitan  park  commission  to  Q}inv)  547 

CONSTRUCT   A    BRIDGE   ACROSS   THE   SAUGUS    RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  metropolitan  park  commission,  created  Metropolitan 

1  J"  1  111  ft  /•     1  park  comraiB- 

hy  chapter  tour  huncired  and  seven  01  tlie  acts  ot  the  year  swu  to  con- 
eightoon  luuuh-od  and  ninety-three,  is  hereby  authorized  oveMiie  tjaugus 
to  construct  a  hridi2:e  over  the  Saugus  river  from  the  Point  "^^'^' 
of  Pines,  so-called,  in  lievere  on  the  south,  to  the  Lynn 
shore  on  the  north,  with  suitable  connections  with  the 
Revere  Beach  Reservation,  as  laid  out  by  the  said  metro- 
politan })ark  c(Mnmission,  and  also  with  existing  thorough- 
tares  on  the  Lynn  shore.     Said  conunission  is  authorized  p,frb8^Loan° 
to  expend  for  said  purpose  the  sum  of  one  hundred  thou-  Series  Two. 
sand  dollars  ;  and  to  meet  any  expenditure  under  the  au- 
thority 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  the  Metropoli- 
tan Parks  Loan,  Series  Two.     The  sinking  fund  already  siukingfuud. 
established  by  law  shall  also  be  maintained  for  the  pur- 
pose 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  said  sinking  fund  assessed  and  collected 
in  accordance  with  the  provisions  of  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. 

Skctidx  2.     Xo  ])ersons  except  citizens  of  this  Comnum-  oniy  citizens  of 
wealth  shall  be  employed  on  the  work  authorized  by  this  act.  wcaitMoTe 

Section  3.     This  act  shall  take  effect  upon  its  passage.  «^'°pi°y'''^- 

Approved  June  21,  1898. 

An  Act  to  revise  ani>  codify  the  laavs  relative  to  elections.  Qfinqj  548 
Be  it  enacted,  etc. ,  as  folloios  : 

Title    I. 

1.       (iHNKHAL    I'ROVISIONS. 

SEmON   1.      Tei'ins    used    in    this   act  and   in   statutes  Certain  terms 
relating  to  elections  shall,  unless  other  meaning  is  clearly 
ai)parcnt  from  the  language  or  context,  or  indess  they  are 


6i2  Acts,  1898.  — Chap.  548, 

Certain  terms     inconsistent  witli  tho  manifest  intent  of  the  letjislature,  he 

dehned.  &  ' 

construed  as  follows  : 

*'  Assessors  "  shall  mean  the  assessors  of  taxes  of  a  city 
or  town. 

"Caucus"  shall  apply  to  any  public  meeting  of  the 
voters  of  a  ward  of  a  city,  or  of  a  town,  or  of  a  represent- 
ative district  held  under  this  act  for  the  nomination  of 
a  candidate  ,  for  election,  for  the  selection  of  delegates  to 
a  political  convention,  or  for  the  appointment  of  a  politi- 
cal committee. 

"Caucus  officers"  shall  apply  to  chairmen,  wardens, 
secretaries,  clerks  and  inspectors,  and,  when  on  duty, 
to  additional  officers  specially  elected,  or  elected  to  till  a 
vacancy,  and  taking  part  in  the  conduct  of  caucuses. 

"City  election"  shall  apply  to  any  election  held  in  a 
city  for  the  choice  of  a  city  officer  by  the  voters  whether 
for  a  full  term  or  for  the  filling  of  a  vacancy. 

' '  City  officer  "  shall  apply  to  any  person  to  be  chosen  by 
the  voters  at  a  city  election. 

"Election"  shall  apply  to  the  taking  of  a  vote  upon 
a  proposed  amendment  to  the  constitution ;  upon  the 
question  of  granting  licenses  for  the  sale  of  intoxicating 
liquors ;  and  upon  any  other  question  by  law  submitted 
to  the  voters. 

"Election  officer"  shall  apply  to  wardens,  clerks,  in- 
spectors and  ballot  clerks,  and  to  their  deputies  when  on 
duty,  and  also  to  selectmen,  town  clerks,  moderators  and 
tellers  when  taking  part  in  the  conduct  of  elections. 

"  Elective  office  "  shall  apply  to  any  office  to  be  filled  by 
the  voters  at  any  state,  city  or  town  election. 

"  Official  ballot"  shall  mean  a  l)allot  prepared  for  any 
election  or  caucus  by  public  authority  and  at  public  ex- 
pense. 

"  Political  committee  "  shall  apply  only  to  a  committee 
elected  in  pursuance  of  this  act. 

"  Political  convention"  shall  apply  only  to  such  a  con- 
vention called  and  held  in  pursuance  of  this  act. 

"Political  party"  shall  apply  to  a  party  which  at  the 
preceding  annual  state  election  polled  for  governor  at 
least  three  per  cent,  of  the  entire  vote  cast  in  the  Com- 
monwealth for  that  office. 

' '  Polling  place  "  shall  apply  to  a  room  or  place  provided 
by  a  city  or  town  for  an  election  or  caucus. 

"  Presiding  officer"  shall  apply  to  the  warden  or  chair- 


Acts,  1898.  —  Ciiap.  5^8.  543 

man  at  a  caucus,  to  the  warden,  chairman  of  the  select-  cemin  terms 
men,  moderator  or  town  clerk  in  charge  of  a  polling  place 
at  an  election,  or  to  a  justice  of  the  peace  acting  as  mod- 
erator at  a  town  meeting ;  or,  in  the  absence  of  any  such 
officer,  k)  the  deputy  warden  or  the  clerk  or  senior  in- 
spector or  senior  selectman  present  who  shall  have  charge 
of  a  polling  place. 

"  Registrars  "  shall  mean  the  board  of  registrars  of  voters 
of  a  city  or  town  or  the  board  of  election  commissioners 
of  the  city  of  Boston  when  applicable. 

' '  State  election  "  shall  apply  to  any  election  held  for  the 
choice  of  a  national,  state,  district  or  county  officer  by  the 
voters  whether  for  a  fidl  term,  or  for  the  tilling  of  a  va- 
cancy. 

' '  State  officer  "  shall  apply  to  any  person  to  be  chosen 
at  a  state  election. 

'*ToAvn  election"  shall  apply  to  any  meeting  held  for 
the  election  of  town  officers  by  the  voters,  whether  for  a 
full  term  or  for  the  tilling  of  a  vacancy. 

' '  Town  elections  or  meetings  at  which  official  ballots 
are  used "  shall  be  construed  to  mean  town  elections  or 
meetings  in  towns  to  which  section  three  hundred  and 
sixty  applies. 

' '  Town  officer  "  shall  apply  to  any  person  to  be  chosen 
at  a  town  meeting. 

"  Two  leading  political  parties  "  shall  apply  to  the  politi- 
cal parties  which  cast  the  highest  and  next  highest  number 
of  votes  for  governor  at  the  preceding  annual  state  election. 

Section  2.     In   all    elections  of  civil  officers   by  the  Persons  re- 
people,  the  person  receiving  the  highest  number  of  votes  htglJee^t number 
for  an  office  shall  be  deemed  and  declared  to  be  elected  to  be Iieemed 
such  office  ;  and  if  two  or  more  persons  are  to  be  elected  elected,  etc. 
to  the  same  office,  the  several  persons,  to  the  number  to 
l>c  chosen   to  such  office,   receiving  the  highest  number 
of  votes,   shall  be  deemed  and  declared  to  be   elected; 
but    persons    receiving   the  same  lumiber  of  votes  shall 
not  l)e  deemed  to  be  elected  if  thereby  a  greater  number 
would  be  elected  than  are  by  law  to  be  chosen. 

Section  3.     All    elections  in  cities  which  by  charter  Elections  in 
or  statute  are  to  l)e  held  on  a  Monday,  shall  be  held  on  on  Tuesdays! 
the  Tuesday  next  succeeding  such  Monday.  *^*'^" 

Section   4.     In   computing  the    period    of  time    pre-  computing 
scribed  in  any  statute  relating  to  elections,  Sundays  and  fneiectioniaws. 
holida\s  shall  irouerullv  be  included ;  but  when  the  last 


5M 


Acts,  1898.  — Chap.  548. 


Time  to  be  al- 
lowed for  voting 
of  employees. 


Sale,  etc.,  of 
intoxicating 
liquors  on 
election  days. 


Places  for 
posting  lists 
and  notices. 


Ballot  boxes 
and  apparatus, 
regulations  as 
to  use. 


Certain  powers 
and  duties 
vested  in  the 
board  of  elec- 
tion conamis- 
sioners  of  the 
city  of  Boston. 


day  of  such  period  falls  on  a  Sundaj*  or  on  a  holiday  the 
succeeding  day  shall  be  considered  the  final  day  of  such 
period  ;  and  when  the  first  day  of  such  period  falls  on 
a  Sunday  or  on  a  holiday,  the  day  precedini>;  shall  l)o 
considered  the  first  day  of  the  period. 

Section  5.  No  person  entitled  to  vote  at  a  state 
election  shall,  upon  the  day  of  any  such  election,  be  em- 
ployed in  any  manufacturiiiii',  niechanical  or  mercantile 
establishment,  except  such  as  may  lawfully  conduct  its 
business  on  Sundaj^  during  the  period  of  two  hours  after 
the  opening  of  the  polls  in  the  voting  precinct  or  town  in 
which  he  is  entitled  to  vote,  if  he  shall  make  apiilication 
for  leave  of  absence  during  such  period. 

Section  6.  No  common  victualler  having  a  license  of 
the  first,  second  or  third  class  mentioned  in  section  ten 
of  chai)ter  one  hundred  of  the  Public  Statutes,  for  the 
sale  of  intoxicating  li(|Uors  under  the  provisions  of  said 
chapter,  and  no  person,  other  than  a  wholesale  druggist, 
having  a  license  therefor  of  the  fourth  or  fifth  class  men- 
tioned in  said  section  ten,  shall  sell,  give  away  or  deliver 
on  the  licensed  premises  any  such  liquors  on  the  day  on 
which  a  state,  city  or  annual  town  election  is  held  in  the 
city  or  town  in  which  such  premises  are  situated  ;  and  no 
innkeeper  having  a  license  for  the  sale  of  intoxicating 
liquors  as  aforesaid  shall,  on  the  day  of  any  such  election, 
sell,  give  away  or  deliver  in  his  inn  any  such  li((uors  to 
other  than  guests  duly  registered  therein  ;  exeept  that 
this  section  shall  not  apply,  in  case  of  an  election  held  in 
a  city  on  a  day  other  than  that  of  the  annual  city  election 
therein,  to  wards  in  which  no  election  is  held. 

Section  7.  All  lists,  notices  and  c<)])ies  of  laws  re- 
lating to  elections,  re(|uire<l  l)y  law  to  be  j)()sted,  shall  be 
posted  at  the  i)laces  in  which  the  voting  lists  are  re- 
(juired  l)y  law  to  be  posted  ;  or  as  near  as  may  be  thereto. 

Section  8.  The  board  of  aldermen  of  a  city  or  the 
selectmen  of  a  town  may  make  regulations  not  incon- 
sistent with  the  provisions  of  this  act  relative  to  the 
use  of  ballot  l)()xes  and  seals,  counting  and  other  a])- 
])aratus,  the  receiving  of  ])allots,  and  the  counting  and 
returning  of  votes. 

Section  9.  All  the  powers  and  duties  relating  to  elec- 
tions by  law  vested  in  and  imposed  upon  the  mayor  and 
aldermen,  the  city  clerk  or  the  board  of  registrars  of  voters 
in  cities,  excepting  the  i)owcr  and  duty  of  giving  notice  of 


Acts,  1898.  — Chap.  548.  545 

elections,  and  fixing  tho  days  and  hours  of  holding  the 
.same,  shall,  in  the  city  of  Boston,  be  vested  in  and  per- 
formed by  the  board  of  election  commissioners  of  said 
city,  who  shall  be  subject  to  all  penalties  prescribed  for 
tailure  to  })erform  the  said  duties. 

Section  10.     In  any  criminal  prosecution  for  the  vio-  Registration, 
lation  of  any  law  relating  to  the  registration,  qualification  dl'e'med'^r^eguiar 
or  assessment  of  voters,  or  relating  to  voting  lists  or  ])al-  prosecutions. 
lots,   if  the    defendant  relies  upon  the  invalidity,   infor- 
mality or  irregularity  of  such  registration,  qualification  or 
assessment,  or  of  such  voting  lists  or  l)allots,  or  matters 
or   things    pei-taining   thereto,    he   shall  prove    such    in- 
validity, irregularity  or  informality  ;  and  until  such  proof 
the  presumption  shall  be  that  such  registration,  qualifica- 
tion or  assessment,  or  voting  lists  or  ballots,  are  valid 
and  regular,  and  in  accordance  with  law  ;  but  the  validity, 
regularity  or  formality  of  such  registration,  qualification 
or  assessment  of  voters,  or  of  such  voting  lists  or  ballots, 
or    matters  or    things  pertaining  thereto,   may  also    be 
proved  in  any  other  legal  manner. 

Section  11.     In  any  criminal  prosecution  for  the  viola-  Caucus  or 

.•  ,•  1  ij''^j_  ^      1  •  '  r   ji        election  to  be 

tion  oi  any  law  relating  to  caucuses  or  elections,  it  the  deemed  regular 
defendant  relies  upon  the  invalidity,  irregularity  or  infor-  p'^roTecuUons. 
mality  of  any  caucus  or  election,  or  upon  the  failure  or 
neglect  of  any  officer  or  person  to  do  or  perform  any 
act  or  thing  whatsoever  in  relation  to  any  caucus  or  elec- 
tion, or  matters  or  things  pertaining  thereto,  he  shall 
prove  such  invalidity,  irregularit}',  informality,  failure  or 
neglect :  and  until  such  proof  the  jiresumption  shall  be 
that  such  caucus  or  election  was  valid  and  regular,  and 
that  such  oflicer  or  person  acted  as  prescribed  by  law ; 
and  the  testimony  of  the  clerk  of  the  city  or  town, 
wherein  it  is  alleged  that  such  election  was  held,  or  of 
the  presiding  ofticer,  secretary  or  clerk  of  such  caucus,  that 
such  election  or  caucus  was  actualh'  held,  shall  be  prima 
facie  evidence  that  the  same  was  regularly  and  duh'  held  ; 
but  the  validity  or  regularity  of  such  caucus  or  election 
may  also  be  proved  in  any  other  legal  manner. 

Sectiov  12.      The   provisions    of  this    act,   so   far   as  How  act  is  to 
they  are  the  same  as  those  of  existing  statutes,  shall  be    *  '^°^^  "*^  ' 
construed  as  a  continuation  of  such  statutes,  and  not  as 
new  enactments  :   and  the  repeal  b}^  this  act  of  any  pro-  Repeal  not  to 
vision  of  law  shall  not  affect  any  act  done,   liability  in-*  ^°>^  ' 
curred,  or  any  right  accrued  and  (istablished,  or  any  suit  or 


5^0  Acts,  1898.  — Chap.  548. 

prosecution,  civil  or  criuiinal,  pending  or  to  be  instituted 
to  enforce  any  right  or  penalty  or  punish  any  offence 
under  the  authority  of  the  repealed  statutes. 


Title   n. 

1.       QUALIFICATIONS    OF    VOTERS. 

Qualifications  of  SECTION  13.  Eveiy  male  citi2;en  of  twenty-one  j^ears 
of  age  or  upwards,  not  being  a  pauper  or  person  under 
guardianship,  who  is  able  to  read  the  constitution  of  the 
Commonwealth  in  the  English  language  and  to  write  his 
name,  and  who  has  resided  within  the  Commonwealth  one 
year  and  within  the  city  or  town  in  which  he  claims  a 
right  to  vote,  six  calendar  months  next  preceding  a  state, 
city  or  town  election,  may  have  his  name  entered  upon 
the  list  of  voters  in  such  cify  or  town,  and  shall  have 
the  right  to  vote  therein  in  any  such  election,  or  in  any 
meeting  held  for  the  transaction  of  town  affairs,  upon 
complying  with  the  requirements  hereinafter  set  forth ; 
and,  except  as  al)ove  provided,  no  male  person  shall  have 
his  name  entered  upon  the  list  of  voters,  or  have  the 
right  to  vote,  except  that  no  person  who  is  prevented 
from  reading  or  writing  as  aforesaid  by  a  physical  dis- 
ability, or  who  had  the  right  to  vote  on  the  tirst  day  of 
May  in  the  year  eighteen  hundred  and  fifty-seven,  shall, 
if  otherwise  qualitied,  be  dei)rived  of  the  right  to  vote 

Soldiers,  etc.,     w  peason  of  not  beinoj  able  so  to  read  or  write  ;  and  no 

not  to  be  di8.  -J  ,  i     •         i  c     i       xt    •       t 

qualified  on ac-  persoii  haviug  sci'vcd  lu  the  army  or  navy  oi  the  Lnited 
ingaid.  States  in  the  time   of  war,  and  having  ))een  honorably 

discharged  from   such   service,   if  otherwise  (lualitied   to 
vote,  shall  be  disqualihed  therefor  on  account  of  receiv- 
^^ange  o^f^reei-   •^^„  q^  haviiig  received  aid  from  any  city  or  town ;  and 
disqualify  in      further,  uo  pcrson,  otherwise  qualified  to  vote  for  national 
or  state  officers  shall,  by  reason  of  a  change  of  residence 
within  the  Commonwealth,  be  disqualified  from  voting  for 
such  officers  in  the  city  or  town  from  which  he  has  re- 
moved his  residence,  until  the  expiration  of  six  calendar 
months  from  the  time  of  such  removal, 
af^femafe^"'^^         SECTION  14.     Eveiy  female  citizen  having   the  quali- 
votere,  etc.        ficatious  of  a  male  voter  required  by  the  ]ireceding  section 
may  have  her  name  entered  upon  the  li.st  of  voters  for 
school  committee,  and  shall  have  the  riiiht  to  ^'ote  for 


Acts,  1898.  — Chap.  548.  547 

members  of  the  school  committee,  upon  complying  with 
the  requirements  hereinafter  set  forth. 

Section  15.  A  person  qualitied  to  vote  in  a  city  or  piace  of  regis- 
town  divided  into  wards  or  voting  precincts,  shall  be  voting.^" 
registered  and  be  entitled  to  vote  in  the  ward  or  voting 
precinct  in  which  he  resided  on  the  first  day  of  May  pre- 
ceding the  election,  or,  if  he  became  an  inhabitant  of 
such  city  or  town  after  such  first  day  of  May,  in  the  ward 
or  voting  precinct  in  which  he  first  became  a  resident. 


2.    ASSESSMENT     OF     POLL     TAXES     AND     LISTS    OF     PEKSONS 

ASSESSED. 

Section  16.     The  assessors,  assistant  assessors,  or  one  Assessors  to 
or  more  of  them,  shall  annually,  in  the  month  of  May  or  Salespersons 
June,  visit  every  building  in  their  respective  cities  and  pouta^.'' 
towns,  and,  after  diligent  inquiry,  shall  make  true  lists 
containing,  as    nearly  as  they    can  ascertain,  the   name, 
age,  occupation  and  residence,  on  the  first  day  of  May  in 
the  current  year,  and  the  residence  on  the  first  day  of  May 
in  the  preceding  year,  of  every  male  person  twenty  years 
of  age  or  upwards,  residing  in  their  respective  cities  and 
towns,  lial)le  to  be  assessed  for  a  poll  tax  ;  and  shall  in-  TomateUsts 
quire  at  the  residences  of  the  women  voters  wdiose  names  voters. 
are  contained  in  the  list  transmitted  to  them  by  the  reg- 
istrars under  section  forty-five  of  this  act  whether  such 
women  voters  are  resident  thereat,  and  shall  thereupon 
make  true  lists  of  the  women  voters  found  by  them. 

The  assessors  shall,  upon  the  personal  application  of  an  Assessors  to 
assessed  person  for  the  correction  of  any  error  in  their  ''°"®*^  ^"°^ ' 
original  lists,  and  whenever  informed  of  any  such  error, 
make  due  investigation,  and,  upon  proof  thereof,  correct 
the  same  on  their  books.     Thev  shall  cause  all  applica-  To  preserve 

T        rr<  1        •  -iij^i  1         papers  for 

tions,  certificates  and  aindavits  received   b}^  them  under  two  years. 
this  section  to  be  presented  for  two  years. 

Section  17.     The  assessors  shall  from  time  to  time,  To  transmit  to 

11      /•  J^        nn  in  {•    T    1       •  1  j.  registrars  and 

and  l)eiore  tlie  fifteenth  day  oi  July  in  each  year,  trans-  collectors usts, 
mit  to  the  registrars  of  voters  the  lists  made  as  provided  °°  ^*^®*' 
in  the  preceding  section,  or  certified  copies  thereof,  and 
shall  promptly  transmit  to  the  registrars  and  to  the  col- 
lector of  taxes  notice  of  every  addition  to  and  correction 
in  the  lists  made  by  them  ;  and  every  assessor,  assistant 
assessor  and  collector  of  taxes  shall  furnish  all  informa- 


548 


Acts,  1898.  —  CiiAr.  i^^S. 


ABBCseors  of 
cities  and  cer- 
tain towns  to 
prepare  street 
lietB,  etc. 


Aeseeeore  of 
certain  towns 
to  post  lists  of 
assessed  polls. 


Form  and 
contents  of 
street  lists. 


ABsesement  of 
a  person  not 
previously  as- 
sessed. 


A  person  be- 
coming a  rest- 
dent  after 
May  1,  and 
desirini;  to  be 
registered,  to 
present  a  state^ 


tion  in  his  possession  necessary  to  aid  the  registrars  in 
the  performance  of  their  duties. 

Section  18.  The  assessors  of  cities  shall,  on  or  before 
the  tifteenth  day  of  July  in  each  year,  and  the  assessors 
of  to\vns  haying  oyer  iiye  thousand  inhalntants  according 
to  the  latest  census,  state  or  national,  shall,  on  or  before 
the  tirst  day  of  August  in  each  year,  prepare  street  lists 
containing  the  names  of  all  persons  assessed  by  them  for 
poll  taxes  for  the  current  year,  which  lists  shall,  for  cities 
and  for  towns  diyided  into  yoting  precincts,  be  arranged 
})y  yoting  precincts.  They  shall  print  such  lists  in 
pamphlet  form,  shall  deliyer  to  the  registrars  as  many 
copies  thereof  as  they  may  require,  and  liold  the  remain- 
ing copies  for  pul)lic  distril^ution.  In  all  other  towns  the 
assessors  shall,  on  or  before  the  tirst  day  of  August  in 
each  year,  cause  lists  of  all  persons  assessed  therein  for 
poll  taxes  to  be  prepared  and  conspicuousl}^  posted  in 
two  or  more  public  places  in  eyery  such  town. 

Section  19.  The  assessors  shall  name  or  designate  in 
such  street  lists  all  buildings  used  as  residences,  in  their 
order  on  the  street  where  they  are  located,  by  giying  the 
number  or  other  detinite  description  of  each  building,  so 
that  it  can  be  readily  identitied,  and  shall  place  opi)osite  to 
or  under  each  number  or  other  description  of  a  building, 
the  name,  age  and  occupation  of  eyery  person  residing 
therein  on  the  tirst  day  of  jNIay  of  the  current  year  and 
assessed  for  a  poll  tax,  and  his  residence  on  the  tirst  day 
of  ^lay  of  the  preceding  year. 

Section  20.  If  a  male  person  resident  in  a  city  or 
town  on  the  first  day  of  May  was  not  assessed  for  a  poll 
tax,  he  shall,  in  order  to  estal)lish  his  right  to  assess- 
ment, present  to  the  assessors  a  statement,  under  oath, 
that  he  was  on  said  day  a  resident  of  such  city  or  town 
and  liable  to  ymy  a  poll  tax  therein,  and  also  a  list  under 
oath  of  his  polls  and  estate,  and  shall  also  produce  l)o- 
fore  the  assessors  two  Avitnesses,  Avho  shall  tcstity,  under 
oath,  that  they  are  registered  yoters  of  the  ward  or  touii 
in  which  such  person  desires  to  be  registered,  and  tliat 
the  statement  of  the  applicant  is  true. 

Any  male  }:)erson  becoming  a  resident  of  a  city  or  town 
after  the  first  day  of  May  and  desiring  to  be  registered 
as  a  yoter,  shall  ]^resent  to  the  assessors  a  statement, 
under  oath,  that  he  has  been  a  resident  of  such  city  or 


Acts,  1898.  —  Cii.u>.  518.  549 

town  for  six  months  immediately  preceding  the  election  ment  to  as- 
at  which  he  claims  the  riolit  to  vote,  and  shall  also    pro-  ^^''*°'^^' **"• 
duce  before  the  assessors  two  witnesses,  who  shall  testify, 
under  oath,  that  they  are  registered  voters  of  the  ward  or 
town  in  which  such  pei'son  desires  to  be  registered,  and 
that  the  statement  of  the  applicant  is  true. 

If  the  assessors  are  satistied  that  such  statements  are  Applicant  to  be 
true,  they  shall,  in  the  tirst  case,  assess  such  applicant  for  *^"®^'''^'^' *^**'- 
his  polls  and  estate  and  give  him  a  certificate  of  assess- 
ment, and  in  the  second,  give  him  a  certificate  that  he 
has  l)een  a  resident  in  such  city  or  town  the  six  months 
l)receding  such  election :  provided,  however,  that  in  Bos-  Proviso, 
ton  no  person  shall  be  assessed  as  above  provided  later 
than  the  first  day  of  October. 

Section  21.     The  assessors  shall  enter  the  name  and  Records  to  be 

•  1  1  •  >     1       •  Kept. 

residence  ot  each  person  thus  assessed  or  certified,  in  a 
book  provided  for  that  purpose,  and  opposite  to  each 
name  the  names,  occupations  and  residences  of  the  per- 
sons who  have  testified  as  al)ove  provided. 

In  every  place  where  voters  are  registered,  the  regis- copies  of  sec- 
trars,  and  in  every  place   where  oaths  are  administered  ing  penalties  to 
as  required    l)y  this  act,  the    assessors,   shall    post  in  a  '^^p*^^*^^- 
conspicuous  place  a  copy  of  sections  three  hundred  and 
eighty-five  and  tlirce  hundred  and  eighty-six  of  this  act, 
printed  on  white  paper  with  black  ink,  in  type  not  less 
than  one  quarter  of  an  inch  wide. 

Section  ^^.     The  assessors  shall  hold  such  day  and  sessions  of 

•J  assessors. 

such  evening  sessions  as  shall  be  necessary  to  carry  out 
the  provisions  of  the  two  preceding  sections. 

Section    23.     All    assessments    made    in    accordance  Assessments  to 
Avith  section  twenty  of  tliis  act  shall  be  subject  to  the  pro-  p!s!'iir§73, 
visions  of  section  seventy-three  of  chapter  eleven  of  the  ^**^* 
Pul)lic  Statutes,  and  shall  l)e  entered  in  the  tax  list  of  the 
collector  of  taxes  and  l)e  collected  by  him  according  to  law. 

Section  24.     The   city  or  town  clerk  or  registrar  of  f/^^f^^'p^^t^^- °*3 
deaths  in  each  city  or  town  shall,  on  the  first  day  of  every  deceased  to  be 

TIT  1      /•  1         •  i  -J.  ^e°*  '■'^  regis- 

montli,  and  also  two  days  Ijeiore  every  election,  transmit  trars. 
lo  the  registrars  of  voters  a  list  of  the  names  of  all  resi- 
dents of  such  city  or  town  of  twenty-one  years  of  age  or 
upwards,  who  died  in  the  preceding  month,  or  since  the 
•  laleofthe  list  previously  transmitted,  with  a  statement 
of  the  ward,  street  and  number  therein,  if  any,  where  such 
person  resided  at  his  death. 


550 


Acts,  1898.  — Chap.  518. 


Reg'iBtrars  in 
certain  cities, 
appointment. 


Term  of  office. 


City  clerk  to 
cease  to  be  a 
member. 


Clerk  to  bo 
elected. 


Registrars  in 
certain  cities 
and  towns, 
appointment. 


Terms  of  office. 


3.       REGISTRARS    OF    VOTERS. 

Section  25.  In  every  city  which,  by  vote  of  the  city 
council  approved  by  the  mayor,  accepts  the  provisions  of 
this  section,  or  wliich  has  accepted  the  correspondina-  \n'o- 
visions  of  earlier  laws,  or  which  is  now  subject  to  similar 
provisions  of  law,  there  shall  be  a  board  of  registrars  of 
voters,  consisting  of  four  persons,  who  shall  l)e  appointed 
by  the  mayor  with  the  approval  of  the  board  of  aldermen. 
When  a  board  of  registrars  is  first  appointed  after  the 
acceptance  of  the  provisions  aforesaid,  two  registrars  shall 
be  appointed  in  the  month  of  March  or  April  next  suc- 
ceeding such  acceptance,  for  terms  respectively  of  three 
and  four  years,  beginning  with  the  first  day  of  May  next 
ensuing.  The  city  clerk  of  such  city  shall  cease  to  be 
a  member  of  the  Ijoard  of  registrars  on  such  first  day  of 
May,  but  the  remaining  two  members  of  the  existing 
board  of  registrars  of  such  city  whose  terms  do  not  then 
expire  shall  continue  to  hold  office  for  their  respective 
terms  of  one  and  two  years.  In  every  year  succeeding 
such  first  appointments  the  mayor  shall,  in  the  month  of 
March  or  April,  sul)ject  to  the  approval  of  the  l>oard  of 
aldermen,  appoint  one  person  to  ])e  a  registrar  of  voters 
for  the  term  of  four  years,  beginning  Avith  the  first  day 
of  May  next  ensuing.  The  board  of  registrars  so  con- 
stituted shall,  in  the  month  of  jMay  in  each  year,  l)efore 
transacting  any  other  business,  elect  one  of  its  members  as 
clerk,  who  shall  perform  all  the  duties  required  1)V  law  of 
a  city  clerk  when  acting  as  clerk  of  the  board  of  registrars. 

Section  2().  In  every  city,  except  Boston  and  cities 
to  which  the  provisions  of  the  preceding  section  apply, 
and  in  every  town  having  three  hundred  registered  vot- 
ers, as  })rovided  in  the  following  section,  there  shall  1)6  a 
board  of  registrars  of  voters,  consisting  of  the  city  or  town 
clerk,  and,  in  addition,  three  persons  who  shall,  in  a  city, 
be  appointed  by  the  mayor,  with  the  approval  of  the 
aldermen,  and,  in  a  town,  by  a  writing  signed  by  the 
selectmen,  and  filed  with  the  town  clerk.  When  a  board 
of  registrars  is  first  a})pointed,  the  registrars  shall  be 
appointed  in  the  month  of  ISIarch  or  April,  for  terms 
respectively  of  one,  two  and  three  years,  beginning  with 
the  first  day  of  May  next  ensuing.  In  the  month  of 
March  or  April   in  every  year  succeeding  the   original 


Acts,  1898.  — Chap.  548.  551 

a})p()intnieiit,  as  aforesaid,  one  registrar  shall  l)e  appointed 
for  the  term  of  three  years,  beginning  >vith  the  lirst  day 
of  ]May  next  ensuing. 

Section  '21.  In  every  town  having  less  than  three  Registrars  in 
hundred  registered  voters,  as  herein  ])r()vidcd,  the  select-  ^"^^  °^'^^' 
men  and  the  town  clerk  shall  constitute  a  board  of  regis- 
trars of  voters ;  but  Mdien  three  hundred  voters  shall  be 
registered  therein  for  the  annual  state  election,  a  board  of 
registrars  shall,  in  the  succeeding  year,  be  appointed,  as 
provided  in  the  preceding  section,  which  shall  continue 
to  perform  the  duties  of  registration  therein,  until  for 
three  successive  years  the  number  of  registered  voters 
shall  be  less  than  three  hundred,  whereupon,  on  the  first 
day  of  ^lay  following  the  annual  state  election  in  such 
third  year,  such  board  shall  cease  to  exist  and  thereafter 
the  selectmen  and  town  clerk  shall  constitute  a  board  of 
registrars  of  voters. 

Sectiox  28.  In  the  original  and  in  each  succeeding  Registrars, 
appointment  and  in  the  tilling  of  vacancies,  registrars  of  ^entaxton.^^^^ 
^'oters  shall  be  so  appointed  that  the  memljers  of  the 
board  shall,  as  equally  as  may  l)e,  represent  the  two  lead- 
ing ])olitical  parties  at  the  preceding  state  election,  and 
in  no  case  shall  an  appointment  be  so  made  as  to  cause  a 
l)oard  to  consist  of  more  than  two  members,  including  the 
city  or  town  clerk,  of  the  same  political  party. 

Section  29.  Whenever,  upon  written  complaint  to  Equal  repre- 
the  mayor  or  to  the  selectmen,  it  shall  appear,  after  notice  be'presTrved. 
and  hearing,  that  the  city  or  town  clerk,  when  a  member 
of  the  board  of  registrars,  and  two  registrars  are  of  the 
same  political  party,  the  mayor  or  selectmen,  as  the  case 
may  he,  shall  remove  fi'om  office  the  one  of  such  two 
registrars  having  the  shoi-ter  term.  A^  henever,  upon  like 
proceedings,  it  shall  appear,  after  notice  and  hearing,  that 
a  registrar  of  voters,  other  than  the  city  or  town  clerk, 
has  ceased  to  act  with  the  political  party  which  he  waa 
ajijiointpd  to  represent,  the  mayor  or  selectmen,  as  the 
case  may  l)e,  shall  remove  him  from  office. 

Section  .30.  "Whenever  a  member  of  the  l)oard  of  reg-  Temporary 
istrars  shall  be  disabled  by  sickness  or  other  cause  from  board?'^^ 
performing  the  duties  of  his  office,  or  shall,  at  the  time  of 
any  meeting  of  said  board,  be  absent  from  the  city  or 
town,  the  mayor  or  the  selectmen  may,  upon  the  request 
in  MM-iting  of  a  majority  of  the  remaining  members  of  the 
board,  ;qipoint  in  writing  some  pertiou  to  fill  such  tempo- 


552 


Acts,  1898.  — Chap.  5^S. 


Registrars, 
oath  of  office, 
compensation. 


Office  room, 
etc.,  to  be  pro- 
vided. 


Registrars, 
term  of  office. 


Assistant  regis- 
trars in  cities 
except  Boston, 
appointment, 
etc. 


Powers  and 
duties,  etc. 


Registrars  to 
make  regula- 
tions, etc. 


raiy  vacancy,  who  shall  he  of  the  same  political  party  as 
the  member  whose  position  he  is  appointed  to  till.  Such 
temporary  registrar  shall  perform  the  dnties  and  ])e  sub- 
ject to  the  requirements  and  penalties  provided  ])y  law  for 
a  registrar  of  voters. 

Section  31.  The  registrars  and  assistant  registrars 
hereinafter  jirovided  for  shall,  before  entering  upon  their 
official  duties,  each  take  and  sul)scri])e  an  oath  faithfully 
to  perform  the  same,  and  shall  receive  such  compensation 
for  their  services  as  the  city  council  or  selectmen  may 
determine ;  but  such  compensation  shall  not  be  regulated 
by  the  number  of  names  registered  by  them,  and  a  re- 
duction of  compensation  shall  ap})ly  only  to  registrars 
appointed  thereafter.  The  city  council  or  selectmen  shall 
provide  office  room  for  the  registrars,  and  such  aid  as 
they  may  need.  The  city  or  town  clerk,  when  a  member 
of  a  board  of  registrars,  shall  act  as  clerk  thereof,  shall 
keep  a  full  and  accurate  record  of  its  proceedings,  and 
shall  cause  such  notices  as  the  registrars  may  require  to 
be  properly  served  or  posted. 

Section  32.  Each  registrar  shall,  unless  sooner  re- 
moved, hold  his  office  for  the  term  f(n'  which  he  is  appointed 
and  until  his  successor  is  appointed  and  qualified. 

Section  33.  A  city  council,  except  in  the  city  of  Bos- 
ton, may  authorize  the  registrars  to  appoint  assistant  reg- 
istrars for  the  term  of  one  year,  l)eginning  with  the  first 
day  of  October,  iniless  sooner  removed  by  the  registrars, 
and  they  shall,  as  nearly  as  may  be,  equally  represent  the 
dift'erent  political  ])arties. 

Section  34.  The  registrars  in  a  city  authorizing  the 
appointment  of  assistant  registrars  may  cause  the  duties 
devolving  upon  a  single  registrar  to  be  performed  by  one 
or  two  assistant  registrars,  and  they  may  designate  two 
assistant  registrars,  so  far  as  practicable,  of  drfferent  polit- 
ical parties,  for  the  sessions  required  by  law  to  lie  held 
outside  of  their  ])rincipal  office.  The  registrars  shall 
make  suital)le  regulations  for  the  government  of  the  as- 
sistant registrars,  whose  doings  shall  be  subject  to  their 
revision  and  acce})tance.  Assistant  registrars  shall  be 
subject  to  the  same  ol)ligations  and  penalties  as  registrars. 
Registrars  may  remove  an  assistant  registrar,  and  may 
fill  any  vacancy  in  the  number  of  assistant  registrars  for 
the  remainder  of  a  term. 


Acts,  1898.  — Chap.  548.  553 

Section  35.     No  person  shall  be  appointed  a  reo^istrar  Registrars  and 

...  .    ,  ,         .  .  ,  1'   J-^  -1  assistant  regis- 

01"  assi.-^tant  registrar  who  is  not  a  voter  ot  tlie  city  ortrarsnotto 
town  for  which  lie  is  appointed,  or  who  holds  an  office  office°etc!^ 
l)y  election  or  appointment  under  the  government  of  the 
United  States  or  of  the  Commonwealth,  except  as  a  jus- 
tice of  the  peace,  notary  public,  or  an  officer  of  the  state 
militia,  or  who  holds  an  office  in  the  city  or  town  for 
which  he  is  ai)pointed  either  by  election  or  by  direct  ap- 
pointment of  the  mayor  or  of  the  selectmen.  The  accept- 
ance by  a  registrar  or  assistant  registrar  of  an  office  w^hich 
he  is  iirohibited  from  holding,  shall  vacate  his  office  as 
registrar  or  assistant  registrar. 

4.       REGISTRATION    OF    VOTERS. 

Section  36.     Every  city  and  town  shall  provide  the  Registration 
registrars  of  voters  with  suitable  rooms  in  which  to  hold  'i^*''^®"- 
their  official  sessions. 

Section  37.     The  registrars  shall  hold  such  day  and  sessions  of 
such  evening  sessions  as  the  town  by  a  by-law  or  the  city 
by  an  ordinance  shall  prescribe,  and  such  other  sessions 
as  they  deem  nece^saiy. 

They  shall  hold  at  least  one  session  at  some  suitable  session  to  be 
and  convenient  place  in  every  city  or  tow^n  on  or  before  first caucuT.^etc. 
the  Saturday  last  preceding  the  first  caucus  preceding  the 
annual  state  election,  to  give  an  opportunity  to  qualified 
voters  to  register. 

In  cities  they   shall    hold    a    continuous  session   from  sessions  in 
twelve  o'clock  noon  until  ten  o'clock  in  the  evening  on 
the  twentieth  day   preceding   the    annual  state  election, 
and  a  like  continuous  session  on  the  twentieth  day  pre- 
ceding the  annual  city  election. 

In  towns  they  shall  hold  a  continuous  session  from  sessions  in 
twelve  o'clock  noon  until  ten  o'clock  in  the  evening  on 
the  Saturday  last  but  one  preceding  the  annual  state  elec- 
tion, and  a  like  continuous  session  on  the  Saturday  last 
but  one  preceding  the  annual  town  meeting.  In  towns 
divided  into  voting  precincts  they  shall,  not  more  than 
twenty  days  before  the  annual  state  election  and  also  not 
more  than  twenty  days  before  the  annual  town  meeting, 
but  ill  e;ich  case  on  or  before  the  last  day  fixed  for  regis- 
tration, hold  at  least  one  session  at  some  suital)le  place 
within  the  limits  of  each  voting  in-cciiict.     In  towns  not 


554 


Acts,  1898.  — CiiAr.  518. 


Sessions  to  be 
held  in  certain 
villages  or 
localities  upon 
petition. 


When  regis- 
tration shall 
cease. 


Registration  for 
special  elec- 
tions. 


Registration 
when  final  day 
falls  on  Sunday 
or  holiday. 


Any  registrar 
may  examine 
api)licant8,  etc. 


Entering  names 
on  registers 
after  close  of 
registration, 
etc. 


divided  into  voting  precincts  they  shall,  not  more  than 
twenty  days  before  the  annual  state  election  and  also  not 
more  than  twenty  days  ])etbre  the  annual  town  meeting, 
Ijut  in  each  case  on  or  ])efore  the  last  day  fixed  for  regis- 
tration, hold  sessions  in  two  or  more  suitable  places. 

K  in  any  such  town  ten  or  more  voters  residing  in  or 
near  a  village  or  locality  distant  two  or  more  miles  from 
the  usual  place  of  registration  shall,  not  less  than  eight- 
een days  before  the  annual  state  election  or  the  annual 
town  meeting,  file  a  petition  with  the  town  clerk  stat- 
ing that  in  such  village  or  locality  there  are  at  least  ten 
citizens  who  are  entitled  and  desire  to  l^e  registered,  the 
registrars  shall  hold  a  session  at  some  suitable  place  in 
such  village  or  locality  before  the  last  day  fixed  for  regis- 
tration. The  time  and  place  of  registration  shall  be  the 
same  for  male  and  female  applicants. 

Section  38.  In  every  city  registration  shall  cease  at 
ten  o'clock  in  the  evening  on  the  twentieth  da}^  preceding 
the  annual  state  election,  and  at  ten  o'clock  in  the  even- 
ing on  the  twentieth  day  preceding  the  annual  city  elec- 
tion. In  every  town  registration  shall  cease  at  ten  o'clock 
in  the  evening  on  the  Saturday  last  but  one  preceding  the 
annual  state  election,  and  at  ten  o'clock  in  the  evening 
on  the  Saturday  last  but  one  preceding  the  annual  town 
meeting. 

Section  39.  The  registrars  shall,  in  some  suital)le 
place,  hold  a  continuous  session  from  twelve  o'clock  noon 
until  ten  o'clock  in  the  evening  on  the  fourth  day,  or  in 
Boston  on  the  seventh  day,  preceding  a  special  election. 
Registration  shall  cease  at  ten  o'clock  in  the  evening  of 
the  day  on  which  such  session  is  held. 

Section  40.  When  the  final  day  for  registration  of 
voters  falls  on  Sunday  or  on  a  holiday,  the  day  preceding 
such  Sunday  or  holiday  shall  be  the  final  day  for  such 
registration. 

Section  41.  Any  registrar  may,  at  a  place  appointed 
for  registration,  on  the  days  and  during  the  hours  desig- 
nated for  the  purpose,  receive  api)lications  for  registra- 
tion and  examine  applicants  and  witnesses  under  oath, 
l^ut  all  doings  of  one  registrar  shall  be  su])ject  to  the 
revision  and  acceptance  of  the  board. 

Section  42.  The  registrars  shall  not,  after  ten  o'clock 
in  the  evening  of  a  day  on  which  registration  is  to  cease, 
register  any  person  as  a  voter  until  after  the  next  election, 


Acts,  1898.  — Chap.  5^8. 


555 


but  thoy  mtay  enter  or  coiTCct  upon  the  registers  the  names 
of  persons  whose  qualifications  as  voters  have  been  ex- 
amined between  the  preceding  thirtietli  day  of  April  and 
the  close  of  registration.  They  shall,  in  every  case,  re- 
ciuire  tlie  vote  ])y  virtue  of  which  such  entry  or  correc- 
tion is  made  to  be  attested  by  their  clerk. 

Sectiox  43.  They  shall  post  or  publish  notices,  stat-  Notices  of  bbb- 
ing  the  places  and  hours  for  holding  all  sessions,  the  final  tra°ion°et'c!^^ 
sessions  })receding  any  election,  and  that  after  ten  o'clock 
in  the  evening  of  the  last  day  fixed  for  registration  they 
will  not,  until  after  the  next  election,  add  any  name  to 
the  registers  except  the  names  of  voters  examined  as  to 
their  (lualifications  ])etween  the  preceding  thirtieth  day 
of  A})ril  and  the  close  of  registration. 

Sectiox  44.  They  shall  keep  in  general  registers  Records  to  be 
records  of  all  persons,  male  and  female,  registered  as  re^sterr"^"^^^ 
qualified  to  vote  in  the  city  or  town.  They  shall  enter 
therein  the  name  of  every  such  voter  written  in  full,  or 
instead  thereof  the  surname  and  first  Christian  name  or 
that  name  b}^  which  he  is  generally  known,  written  in 
full,  and  the  initial  of  every  other  name  which  he  may 
have,  and  also  his  age,  place  of  l)irtli,  residence  on  the 
preceding  first  day  of  ]NIay,  or  at  the  time  of  becoming 
an  inhal)itant  of  the  city  or  town  after  said  day,  the  date 
of  his  registration  and  his  residence  at  such  date,  his  oc- 
cuiiation  and  the  place  thereof,  the  name  and  location  of 
the  court  which  has  issued  to  him  letters  of  naturalization 
and  the  date  thereof,  if  he  is  a  naturalized  citizen,  and 
any  other  particulars  necessary  fully  to  identify  him. 

Tiie  o-eneral  regfisters  shall  have  uniform  headino-s   in  Blank  books  to 
sul)staiitially  the  following  form,  and  blank  l)ooks  suit- 
able for  the  purpose  shall  be  provided  b}^  the  secretary 
of  the  Commonwealth  at  cost  to  registrars  applying  for 
them. 


be  furnished. 


Form. 


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a. 

r--S 

cS 

i|£t^ 

^P 

si 

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5 

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c-B 

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''■7. 

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*=  §   s- 

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Minutes 
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Issuiiij; 
and  Da 
uraliza 

■2 

s 

556 


Acts,  1898. 


Chap.  548. 


Annual  regis- 
ter, entries,  ar- 
rangement,  etc. 


Proviso. 


Registrars  to 
make  inquiries, 
investigations, 
etc. 


To  transmit  to 
assesBors  lists 
of  women 
voters,  etc. 


ItegiBtration, 
personal  appli- 
cation necessary 
in  certain  cases. 


Male  applicant 
to  present  tax 
bill  or  certifi- 
cate, etc. 


Section  45.  The  rciiistrars  .shall,  after  the  tirst  day 
of  May,  prepare  an  annual  register  containing  the  names 
of  all  qualified  voters  in  such  city  or  town  for  the  current 
year,  beginning  with  such  first  day  of  May.  Such  names 
shall  be  arranged  in  alphabetical  order,  and,  opposite  to 
the  name  of  each  voter,  his  residence  on  the  first  day  of 
May  preceding,  or  on  any  subsequent  day  when  he  be- 
came an  inha])itant  of  the  city  or  town.  The  registrars 
shall  enter  in  the  annual  register  every  name  contained 
in  the  lists  of  persons  assessed  for  a  poll  tax  for  the  cur- 
rent year,  as  transmitted  to  them  by  the  assessors,  giving 
as  his  residence  on  the  tirst  day  of  May  the  place  at  which 
he  Avas  assessed  a  poll  tax ;  and  likewise  the  name  and 
residence,  as  aforesaid,  of  ever}^  woman  voter  whose  name 
is  contained  in  the  list  of  women  voters  transmitted  to 
them,  as  provided  in  section  seventeen  of  this  act :  pro- 
vided, that  in  every  case  they  are  al^le  to  identify  the  name 
so  transmitted  to  them  as  that  of  a  man  or  Avoman  whose 
name  was  borne  on  the  voting  list  of  such  city  or  town  at 
the  last  preceding  election  or  town  meeting.  They  shall 
make  all  in(|uiries  and  investigations  necessary  to  identify 
such  person,  and  they  shall  not  enter  in  the  annual  register 
the  name  of  a  person  ol)jected  to  by  any  registrar  until  such 
person  has  been  duly  notified  and  given  an  opportunity 
to  be  heard  l)y  them.  They  shall  also  forthwith  enter  in 
the  annual  register  the  name  of  every  person,  whose 
qualifications  as  a  voter  have  been  determined  In'  them 
in  the  current  year,  and  whose  name  has  accordingly 
been  entered  in  the  general  register.  They  shall  jilso 
annually,  before  the  first  da}'^  of  ^Nlay,  transmit  to  the 
assessors  a  list  of  the  women  whose  names  are  contained 
iq3on  the  register  of  voters,  with  their  residences,  as  they 
appear  on  the  register  of  the  preceding  year. 

Section  46.  Every  person,  male  or  female,  whose 
name  has  not  been  entered  in  the  annual  register  in  ac- 
cordance Avith  the  preceding  section  must,  in  order  to  be 
registered  as  a  voter,  apply  in  person  for  registration  and 
prove  that  he  is  qualified  to  register. 

Section  47.  Every  male  applicant  for  registration 
shall  present  a  tax  bill  or  nf)tice  from  the  collector  of 
taxes,  or  a  certificate  from  the  assessors  showing  that  he 
was  assessed  as  a  resident  of  the  city  or  town  on  the  pre- 
ceding first  day  of  jVIay,  or  a  certificate  that  he  liecame  a 
resident  therein  at  least  six  months  preceding  the  next 


Acts,  1898.  — Chap.  5^8.  557 

election,  and  the  same  shall  be  accepted  by  the  registrars 
as  prima  facie  evidence  of  his  residence. 

Section  48.     If  the  qualiti cations  of  an  ap]")licant  have  Examination 
not    been  determined  l)y  the    registrars  within  the   fonr  tion^XapVu- 
years  preceding  his  a})plication,    the   registrar  shall   ex-  been^d^'tei""* 
amine  him  under  oath  relative  thereto,  and  shall,  unless  ^u/yglrs^'" 
he  is  prevented  by  physical  disability,  or  unless  he  had 
the  right  to  vote  on  the  first  day  of  May  in  the  year 
eighteen  hundred  and  tifty-seven,  require   him  to   write 
his  name  in  the  general  register  and  to  read  in  such  man- 
ner as  to  show  that  he  is  neither  prompted  nor  reciting 
from  memory.     Registrars  shall  l)e  provided  Ijy  the  score-  Registrars  to  te 
tary  of  the  Commonwealth  with  a  copy  of  the  constitution  conFtuutiou^ 
of  the  Commonwealth  printed  on  uniform  pasteboard  slips,  °°  ®^'p^- 
each  containing  five  lines  of  said  constitution  printed  in 
double  small  pica  type.     The  registrars  shall  place  said 
slips  in  the  box  provided  by  the  secretary  of  the  Com- 
monwealth, which  shall  be  so  constructed  as  to  conceal 
them  from  view.     Each  applicant   shall    be    required   to  Applicant  to 
draw  one  of  said  slips  from  the  box  and  read  aloud  the  drawn  f^m'^ 
live  lines  printed  thereon,  in  full  view  and  hearing  of  the  ^°^' 
registrars.     Each  slip  shall  l)e  returned  to  the  box  imme- 
diately after  the  test  is  finished,  and  the  contents  of  the 
box    shall    be    shaken   up  by  a  registrar  before  another 
drawing  is  made.     No  person  failing  to  read  the  consti- No  person  to 
tution  as  printed  on  the  slip  thus  drawn  shall  l^e  regis- who  fails  to 
tered  as  a  voter.     The  registrars  shall  keep  said  slips  in  ^^^'^  ''^'^'  ^*'^" 
said  box  at  all   times.     The  secretary  of  the   Common- 
wealth shall  upon  request  provide  new  slips    to  replace 
those  worn  out  or  lost. 

Section  49.  If  an  applicant  for  registration  is  a  Registration 
naturalized  citizen,  the  registrars  shall  require  him  to  citrzeus. 
|)r()duce  for  inspection  his  papers  of  naturalization,  and  to 
make  oath  that  he  is  the  identical  person  named  therein, 
and  shall,  if  satisfied  that  the  a})plicant  has  l)een  legally 
naturalized,  make  upon  his  ])apers  a  memorandum  of  the 
date  of  such  inspection.  AVhen  papers  of  naturalization 
have  once  been  examined  and  record  thereof  made  in 
the  general  register,  the  registrars  need  not  again  require 
their  i)r()duc'ti(m. 

Section  50.     If,  upon  examination,  the  registrars  are  Registration 
satisfied  that  an  applicant  for  registration  has  all  the  quali- 
tications  of  a  voter,  excejit  that  of  age,  and  that  he  will 
<»n  or  before  the  duN-  of  the  next  election  or  town  meet- 


55S 


Acts,  1898.  — Chap.  548. 


Applicant  to  be 
notified  of  re- 
jection, etc. 


Revision  and 
correction  of 
registers. 


Illegal  or  in- 
correct regis- 
tration. 


Service  of 
EummonB,  etc. 


ing,  attain  full  age,  they  .shall  place  his  name  upon  the 
registers. 

Section  51.  If  the  registrars  decline  to  register  the 
name  of  any  person  examined  for  registration,  and  re- 
ported to  them  therefor  by  any  registrar,  they  shall  notify 
such  person  of  their  refusal,  and  give  him  a  reasona])le 
opportunity  to  be  heard  by  them  upon  his  application. 
They  shall .  upon  the  rejection  of  an  applicant  forthwith 
inform  him  of  such  rejection. 

Section  52.  The  registrars  shall,  from  time  to  time, 
revise  and  correct  the  general  register  and  the  current 
annual  register  in  accordance  with  any  facts  which  may 
be  presented  to  them.  They  shall  strike  therefrom  the 
name  of  every  deceased  person  which  has  l)een  trans- 
mitted to  them  by  the  city  or  town  clerk  or  the  registrar 
of  deaths  in  accordance  with  section  twenty-four  of  this 
act ;  but  after  the  name  of  a  voter  has  been  placed  upon 
the  current  annual  register,  they  shall  not  strike  it  there- 
from unless  the  voter  has  deceased,  nor  change  the  place 
of  residence  as  given  thereon  until  they  have  sent  to  him 
a  notice  of  their  intention  so  to  do  and  given  him  an  o})- 
portunity  to  l)e  heard. 

Sectiox  58.  If  a  complaint  in  Avriting  under  oath 
shall  be  made  in  a  city  fourteen  days  at  least,  or  in  a 
town  four  days  at  least,  before  an  election  or  town  meet- 
ing, to  the  registrars  by  a  registered  voter,  stating  that 
the  complainant  has  reason  to  believe  and  does  believe 
that  a  certain  person  by  him  therein  named  has  been  ille- 
gally or  incorrectly  registered,  and  setting  forth  the  rea- 
sons for  such  belief,  the  registrars  shall  examine  into  such 
complaint,  and  if  satistied  that  there  is  sufficient  ground 
therefor  they  shall  summon  the  person  complained  of  to 
appear  before  them  at  a  certain  place  and  time  before 
the  next  election  or  town  meeting,  to  answer  to  the 
matters  set  forth  in  the  complaint,  and  the  sulistaiice  of 
the  complaint  and  a  coi)y  of  this  and  the  following  section 
shall  be  set  forth  in  the  summons.  Service  of  the  sum- 
mons shall  be  made  by  an  officer  qualified  to  serve  civil  or 
criminal  process,  not  more  than  fourteen  days  nor  less 
than  forty-eight  hours  before  the  day  named  for  a}')pear- 
ance,  by  the  delivery  in  hand  of  a  copy  of  the  summons 
to  the  person  therein  summoned,  or  by  leaving  it  at  the 
place  of  alleged  illegal  or  incorrect  registration,  if  the 
officer  finds  that  such  person  resides  there,  or  if  he  Avas 


Acts,  1898.— Chap.  548.  559 

formerly  there  and  has  changed  his  residence  then  the 
8iiunnc)n.s  shall  be  served  by  leaving  it  at  the  place  to 
uliieh  he  has  moved,  if  it  is  within  the  officer's  juris- 
diction and  can  be  ascertained  by  inquiry  of  the  landlord 
t)r  of  his  agent  at  said  place  of  tillcged  illegal  or  incorrect 
ri'gistration  ;  but  if  the  othcer  cannot  make  personal  ser- 
vice, and  cannot  ascertain  the  whereabouts  of  the  person 
comi)lained  of,  the  copv  of  the  sunnnons  shall  bo  left  at 
such  person's  last  and  usual  place  of  abode  known  to  the 
officer ;  and  the  officer  shall  return  the  summons  to  the 
registrars  before  the  day  named  for  appearance,  Avith  the 
certiHcate  of  his  doings  endorsed  thereon. 

Section  54.  When  a  person  summoned  before  the  Examination  of 
registrars  of  voters  to  answer  a  complaint  made  in  accord-  In  regi8ter°o7 
ance  with  the  preceding  section  appears  before  them  they  ^^l^  °^ 
shall  examine  him  under  oath,  and  shall  receive  other  evi- 
dence which  may  be  offered  in  regard  to  the  matters  set 
forth  in  the  complaint,  and  if  satisfied  that  the  person  is 
])roi)erly  registered  as  a  qualified  voter  they  shall  enter 
in  the  register  a  statement  of  their  determination  upon 
the  facts  required  for  registration.  If  however  the  reg- 
istrars are  satisfied  that  the  person  so  appearing  is  not  a 
qualified  voter  in  the  city  or  town  they  shall  strike  his 
name  from  the  register.  If  a  person  duly  summoned  as 
aforesaid  does  not  appear  as  directed  in  the  summons  the 
complainant  shall  produce  sufficient  testimony  to  make  out 
a  pruna  facie  case,  and  if  this  is  done  the  name  of  the 
person  complained  of  shall  be  stricken  from  the  register ; 
but  if  such  person  appears  before  the  registrars  before  the 
election  or  town  UK^eting  next  ensuing  and  shows  sufficient 
cause  for  his  previous  non-appearance  the  hearing  shall 
be  reopened  and  the  matter  decided  on  its  merits,  as 
determined  from  the  evidence  presented  on  both  sides. 
The  conqilainant  and  the  person  complained  of  may  be 
represented  by  counsel,  and  all  Avitnesses  may  be  cross- 
examined. 

Section  5.5.     The  registrars  shall  promptly  transmit  Notice  of  error 
to  the  assessors  of  the  city  or  town  notice  of  every  erroi"  mined  to  as- 
which  they  shall  discover  in  the  name  or  residence  of  a  ^®**°"- 
person  assessed  therein. 

Section  5().     The  registrars  shall  perform  their  duties  Registrars. 
in  open  session,  and  not  secretly.     They  shall  distinctly  recordTop^n to 
announce    the    name   of  every    applicant  for  registration  P"^^'''^*°- 
before  euterins"  hid  name  on  the  general  reirister.     Their 


560  Acts,  1898.  —  Chap.  548. 

records  shall  at  suitable  tiuies  be  open  to  public  inspec- 
tion. 

documents  for         Section  57.     All  Written  complanits    and  certificates 

two  years.  received  by  the  registrars,  and  all  otlier  documents  in  their 
custody  relatiuij  to  registration,  shall  be  preserved  by 
them  for  two  years  after  the  respective  dates  thereof. 

^rder^elc.*^^  Section  58.  A  registrar  shall  have  authority  to  en- 
force regularity  in  all  proceedings  before  him,  and  to 
maintain  order  in  and  al)out  the  place  where  a  session  is 
held,  or  applications  for  registration  are  received,  and  to 
keep  the  access  thereto  open  and  unobstructed. 

Tt'meetiSs^"  SECTION  59.  The  board  of  police  or  officer  in  charge 
of  the  police  force  of  a  city  or  town  shall,  when  requested 
by  the  registrars,  detail  a  sufficient  numl)er  of  police 
officers  to  attend  any  meeting  held  by  a  registrar  in  the 
performance  of  his  duties,  and  to  preserve  order  and  en- 
force his  directions. 

Supervisors  of        SECTION  60.     The  o'overnor,  with  the  advice  and  con- 

registration,  ap-  P  ' 

pointment,  etc.  sent  of  the  couucil,  sliall,  on  the  petition  of  not  less  than 
ten  qualified  voters  of  a  city  or  town,  appoint  for  a  term 
of  one  year  two  supervisors  of  registration,  for  each  place 
of  registration  therein,  one  from  each  of  the  two  leading 
political  parties.  The}^  shall  attend  all  sessions  or  meet- 
ings for  registration  held  at  the  places  for  which  they 
are  appointed,  and  either  of  them  may  attach  to  any  book 
or  papers  there  used  for  purposes  of  registration  any 
statement  touching  the  truth  or  fairness  of  the  proceed- 
ings which  he  may  deem  proper,  and  may  add  thereto 
his  signature  or  other  marks  for  the  purpose  of  identifi- 
cation. 

5.       VOTING    LISTS. 

Voting  lists,  Section    61.     The    registrars    shall,  from    the    names 

contents,  ar-  i     •  i  i  •  p 

rangement,  etc.  entered  lu  tlic  auuual  register  of  voters,  prepare  votmg 
lists  for  use  at  the  several  elections  to  lie  held  therein. 
In  such  voting  lists  they  shall  ])lace  the  names  of  all 
voters  entered  on  the  annual  register,  and  no  others, 
and  opposite  to  the  name  of  each  his  residence  on  the 
preceding  first  day  of  May,  or  at  the  time  of  his  becom- 
ing an  inhal)itant  of  such  place  after  said  day,  and  in 
Boston  the  age  of  each  male  voter  therein  ;  and  they 
shall  enter  the  names  of  women  voters  in  separate  columns 
or  lists.  In  cities  they  shall  prepare  such  voting  lists 
by  wards,  and  if  a  ward  or  a  town  is  divided  into  voting 


Acts,  1898.  — Chap.  5^S.  561 

])reoinct>5,  they  shall  prepare  the  same  by  precincts,  in 
ulj)habetical  order,  excei)t  that  in  Boston  the  voting  lists 
sliall  be  prepared  by  streets. 

Section  (j2.     They  shall  place  at  the  end  of  the  vot-  ^f^^^^^^^^f^^' 
inii-  lists  of  each  Avard,  votinu'  in-ecinct  or  town  to  be  used  be  placed  at  the 

^  .  1  '  1  T  .  1  X"  e"d  of  list. 

at  a  state  ekx-tion,  under  a  i)roper  lieadnig,  the  names  oi 
all  persons  who,  by  changes  in  city  or  town  boundaries, 
or  by  removal  from  the  city  or  town,  are  not  entitled  to 
vote  for  the  whole  numl)er  of  officers  to  be  chosen. 

Section  (Jo.     The  reaistrars  shall,  at  least  twenty  davs  Lists  to  be 

,,,  ,  ,.~  ,.  ,.  1  posted. 

betore  the  annual  city  or  town  election,  and  in  everyplace 
except  Boston  at  least  thirty  days  before  the  annual  state 
election,  and  in  Boston,  except  in  the  years  designated 
for  prej)aring  new  general  registers,  twenty-four  days  at 
least  before  the  annual  state  election,  cause  copies  of  the 
voting  lists  prepared  in  accordance  with  the  two  pre- 
ceding sections  to  be  posted  in  their  principal  office  and 
in  one  or  more  other  pu]:)lic  places  in  the  city  or  town, 
and  in  each  j)rccinct  therein. 

Section  154.  After  the  voting  lists  have  been  posted,  name^s'to'be 
the  registrars  shall,  Avithin  forty-eight  hours  after  a  new  fig^g^^'^ "'' p^^" 
name  has  been  added  to  the  annual  register,  cause  it  to 
be  added  to  the  lists  posted  in  their  principal  office.  If 
a  city  or  town  shall  authorize  the  registrars  to  publish 
the  names  added  to  the  register,  they  may,  instead  of 
l)osting  them,  cause  all  additional  names  to  be  printed 
in  a  newspaper  pulilished  in  the  city  or  town,  if  any, 
otherwise  in  a  newspai)er  published  in  the  county  in 
which  such  city  or  town  is  situated.  In  the  years 
designated  for  preparing  new  general  registers  in  Bos- 
ton, the  election  commissioners  shall  as  often  as  once  in 
each  week  during  the  period  of  such  general  registration 
cause  to  l)e  printed  in  some  newspaper  jmblished  in  said 
city  such  names,  as  near  as  may  be,  as  shall  have  been 
placed  upon  the  general  registers  during  the  six  days  last 
preceding  the  date  of  such  publication. 

Section  65.     The  reiristrars  shall,  on  the    dav  of  an  voting  nets, 

1       . .  .         ,  •   '^  -I  1  1  i'         1  certificate  in 

election,  give  to  a  registered  voter  whose  name  has  been  case  of  omission 

omitted  from  the  voting  list,  or  in  whose  name  or  resi- °'"®'''"°''' 

dence,  as  placed  on  tiie  voting  list,  a  clerical   error  has 

l)een  made,    a  certificate  of  his  name  and   residence,  as 

stated  on  the  annual  register,   signed  by  the  registrars, 

or  a  majority  of  them.     On  i)resentation  thereof  to  the  Proceedings 

presiding    election    officer  of  the  ward,   voting   precinct  ^^^'° 


562 


Acts,  1898.  — Chap.  548. 


Voting  liBts  for 
u§e  at  pollij. 


Returns  of  ag- 
eeseed  polls, 
registered 
voters,  etc. 


In  cities  where 
city  clerk  is  not 
a  member  of 
board  of  regis- 
trars. 


Voting  list  for 
use  at  caucus. 


List  of  voters, 
new  di\ision  of 
city  into  wards, 
etc. 


or  town,  in  Tvhich  the  voter  was  reg-istered,  he  shall  l)e 
allowed  to  vote,  and  his  name  shall  be  checked  on  the  cer- 
tificate, which  shall  be  attached  to  and  considered  a  part 
of  the  votins:  list  and  returned  and  preserved  therewith. 

Section  ()6.  They  shall,  before  every  election  and 
meeting  in  a  city  or  town  at  which  voting  lists  may  l)e 
required  to  be  used,  prepare  voting  lists  for  each  ward, 
voting  precinct,  or  town,  in  which  such  election  or  meet- 
ing is  to  be  held,  containing  the  names  of  all  persons 
qualitied  to  vote  therein,  with  the  residence  of  each 
such  voter,  as  the  same  appears  upon  the  annual  register, 
and  they  shall  seasonably  transmit  the  same  to  the  elec- 
tion officers  in  every  such  precinct,  ward  or  town.  Such 
voting  lists  shall  be  in  duplicate  for  all  elections  and 
meetings  at  which  duplicate  lists  are  recjuired  to  be  used. 

Section  67.  They  shall  forthwith,  after  the  final  day 
for  registration  before  an  annual  state,  city  or  town  elec- 
tion, certify  to  the  secretary  of  the  Commonwealth  the 
num1)er  of  assessed  polls  and  the  numlier  of  registered 
male  and  female  voters  in  the  city  or  town,  and  in  each 
ward  and  precinct  therein ;  and  the  number  of  persons 
who  by  law  are  entitled  to  vote  for  a  part  only  of  the 
whole  numlier  of  officers  to  be  chosen  at  a  state  election 
in  such  city  or  town  and  in  each  ward  and  precinct 
therein,  with  the  titles  of  the  officers  for  whom  such  per- 
sons are  entitled  to  vote. 

In  cities  in  which  the  city  clerk  is  not  a  member  of  the 
board  of  registrars,  the  registrars  shall  likewise,  after  the 
last  day  for  registration  for  a  city  election,  certify  to  the 
city  clerk  the  numljer  of  registered  male  and  female  voters 
in  the  city,  and  in  each  ward  and  voting  precinct  therein. 

Section  68.  The  registrars  whenever  a  caucus  is 
called  shall,  on  request  of  the  person  designated  to  call 
the  caucus  to  order,  furnish  him  for  use  in  the  caucus  a 
certified  copy  of  the  voting  list  of  the  town,  or  of  the 
ward  of  the  city  for  which  the  caucus  is  to  be  held,  as 
last  published,  adding  thereto  the  names  of  voters  reg- 
istered since  such  i)ublication. 

Section  69.  The  registrars  in  every  city,  immediately 
after  the  annual  city  election  in  the  year  nineteen  hundred 
and  four,  and  in  every  tenth  year  thereafter,  shall,  for 
the  purpose  of  furnishing  to  the  city  council  and  the 
board  of  aldermen  the  information  necessary  for  a  new 


Acts,  1898.  — Chap.  548.  563 

division  of  the  city  into  Avards  and  voting  precincts,  de- 
liver to  the  city  clerk  before  the  tenth  day  of  February 
then  next  ensuing  a  list  of  all  the  male  voters  therein  who 
were  registered  for  such  city  election,  whic-h  shall  be  so 
arranged  as  to  show  the  nuniljer  of  such  registered  voters 
residing  in  each  lot  or  block  surrounded  by  streets  within 
the  limits  of  such  city  or  within  any  other  subdivision 
thereof,  which  the  city  council  or  board  of  aldermen  may, 
before  the  lirst  day  of  February,  designate.  The  regis- 
trars shall  likewise  in  any  other  year,  upon  request  of  the 
board  of  aldermen,  furnish  fov  the  purpose  of  dividing 
the  ward  into  voting  precincts  a  list  of  the  male  voters  of 
any  ward  in  the  city,  arranged  as  aforesaid. 

0.       REGI8TRATIOX    OF    VOTERS    AND    VOTING    LISTS    IN 
BOSTON. 

Section  70.     The  election  department  of  Boston  shall  ^Igg-on^rs""" 
be  under  the  chari^e  of  a  l)oard  of  four  election  commis-  Boston,  ap- 

,    .  -  ^-        .      .  1      n   1  •    •  1  pointment,  etc. 

sioners.  baid  commissioners  shall  be  citizens  and  voters 
of  Boston  and  shall  ])e  appointed  by  the  mayor  without 
confirmation  by  the  lioard  of  aldermen  ;  and  chapter  two 
hundred  and  sixty-six  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-tive,  and  all  other  acts  relating  to 
dci)artments  of  Boston  or  the  officers  and  employees 
thereof,  not  inconsistent  herewith,  shall  l)e  applicable  to 
said  department  and  the  officers  and  employees  thereof. 

Section  71.  Said  Ijoard  shall  l)e  so  selected  that  two  Political  repre- 
meml)ers  shall  always  belong  to  each  of  the  two  leading  pensyi°o'n,'etc! 
political  parties  ;  and  one  member  shall  annually  be  ap- 
))()inted  for  the  term  of  four  years,  beginning  with  the 
first  day  of  May  in  the  year  of  his  appointment.  The 
mayor  shall,  on  or  before  the  first  day  of  May  in  each 
year,  designate  one  as  chairman  for  the  year  beginning 
with  sai<l  day,  and  may,  after  notice  and  hearing,  remove 
any  member  for  cause.  The  chairman  of  said  l)oard  shall 
receive  an  annual  salary  of  four  thousand  dollars,  and 
each  of  the  other  commissioners  three  thousand  five  hun- 
dred dollars,  or  such  other  salary  as  the  city  council  may 
by  ordinance  prescribe. 

Section  72.     Said  l)oard  shall,  between  the  first  day  of  JjJ.*f^°j'°*  . 
May  and  the   Hi'st  day  of  October  in  each  year,  ajjpoint 'rara  of  voters, 
assistant  reu^istnirs  of  voters,  not  exceeding  four  for  each 


564: 


Acts,  1898.  — Ch.\i\  548. 


To  constitute 
the  I)oi-ton  Bal- 
lot Law  C'om- 
mieeioD,  etc. 


To  make  a  new 
general  register 
of  voters  in  cer- 
tain years,  etc. 


Additional  as- 
Bistant  regis- 
trarc  may  be 
appointed. 


IJoard  to  pre- 
pare books  for 
the  registration 
of  voters,  etc. 


ward,  who  shall  liold  office  for  the  torin  of  ono  year  begin- 
ning with  the  tirst  day  of  Oetober,  unless  sooner  removed 
by  the  election  coininissioners,  and  who  shall  so  far  as 
l)ossible  represent  the  ditterent  political  parties. 

Section  73.  Said  })oard  shall  constitute  the  Boston 
Ballot  Law  Commission,  and  shall  in  all  matters  relating  to 
objections  and  (questions  arising  in  the  case  of  nominations 
of  candidates  for  city  offices  have  the  powers  and  perform 
the  duties  prescribed  for  the  ballot  law  commission  of  the 
Commonwealth;  and  when  sitting  as  such,  the  chief  jus- 
tice of  the  munici})al  court  of  the  city  of  Boston,  or  in  case 
of  his  disal)ility  the  senior  justice  of  said  court  who  is 
not  disabled  shall  ])e  a  member  of  said  board  and  shall 
preside,  but  shall  not  vote  unless  the  other  commissioners 
are  equally  divided  ;  and  in  every  other  matter  in  which 
the  commissioners  are  equally  divided  said  chief  justice 
shall  act  with  them  and  shall  cast  the  decidino;  vote. 

Section  74.  Said  board  shall,  between  the  fifteenth 
day  of  June  and  the  first  day  of  October  in  the  year  nine- 
teen hundred  and  six,  and  in  every  tenth  year  thereafter, 
make  a  new  general  register  of  the  qualified  male  voters, 
which  shall  be  prepared  in  the  manner  ])rovided  by  law 
for  preparing  general  registers.  Changes  may  be  made 
therein  on  account  of  illegal  registration,  and  after  the  year 
in  which  it  is  made  all  laws  relating  to  general  registers  of 
voters  shall  be  ap])licable  thereto,  and  the  annual  registers 
and  voting  lists  of  said  city  shall  be  prepared  therefrom, 
in  the  manner  provided  by  law  for  prejiaring  annual  reg- 
isters and  voting  lists  in  cities.  IJntil  the  first  day  of 
September  of  the  years  designated  for  i)re})aring  new 
general  registers  voters  may  be  registered  at  the  central 
registration  office  :  and  during  the  month  of  September 
said  board  shall  keej)  oi)en  one  or  more  ])laces  for  registra- 
tion in  each  ward,  as  it  shall  deem  sufficient,  where,  with 
the  central  registration  office,  registration  shall  be  made 
daily  from  eight  o'clock  in  the  forenoon  to  ten  o'clock  in 
the  afternoon,  exce])t  Sunday.  In  such  years  of  general 
registration  said  board  may  apj^oint,  so  as  equally  to  rep- 
resent the  two  leading  political  jiarties,  such  additional 
assistant  registrars  as  in  its  judgment  may  l)e  necessary. 

Section  75.  Said  board  shall  ]n-epare  books  for  the 
registration  of  the  male  A'oters  and  the  general  register  of 
voters,  and  the  booka  so  i^rcpared  shall  constitute  the  gen- 


Acts,  1898.  — Chap.  548. 


565 


eral  roiristor  of  voters  in  said  city  ;  and  said  l)ooks  shall 
bo  in  the  followina"  form  : 


-Street. 


12. 


Form. 


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Description. 

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i 

Under  the  several  headings,  there  shall  Ije  entered  as 
follows  : 

One.  The  day,  month  and  year  when  the  applicant  is 
adjudged  a  qualified  voter. 

Two.  The  name  of  the  applicant  and  the  number  on 
the  street,  place  or  other  location  of  his  dwelling  on  that 
day,  or  if  there  is  no  numlier,  such  clear  and  definite 
description  of  the  place  of  said  dwelling  that  it  can  be 
readily  ascertained  ;  if  there  is  more  than  one  family  resid- 
ing  in  said  dwelling,  the  floor  on  which  he  resides  ;  and  if 
there  is  more  than  one  house  at  the  number  given  by 
the  applicant,  in  which  one  of  them  he  resides. 

Three.  The  full  surname  and  the  Christian  name  of  the 
applicant,  or  the  name  by  which  he  is  generally  known, 
and  the  initial  of  every  other  name  Avhich  he  may  have. 

Four.  The  applicant  shall  write  his  name  on  a  line 
with  the  statements  herein  set  forth. 

Five.  The  number  of  months  or  years  which  the  appli- 
cant states  that  he  has  lived  in  said  city. 

Six.     A  full  statement  of  his  occui)ation. 

Seven.     The  })lace  of  his  occupation. 

Eight.  The  name  of  the  city  or  town,  county  and  state, 
country,  kingdom,  empire  or  dominion,  where  he  was 
born. 

Nine.  The  designation  of  the  court  where  the  appli- 
cant, if  he  was  an  alien,  was  naturalized. 

Ten.     The  date  of  such  naturalization. 

Eleven.  The  age,  ajjproximate  height  and  weight  of 
the  ai^plicant, 


566 


Acts,  1898.  — Chap.  548. 


Sessions  of 
board  of  elec- 
tion commis- 
eioners. 


Applicants  for 
registration  to 
be  examined 
under  oath,  etc. 


Twelve.  The  residence  of  the  applicant  at  the  date  of 
registration. 

The  names  of  all  voters  residing^  in  the  same  dwelling 
shall  be  placed  together. 

Section  7G.  The  board  of  election  commissioners 
shall  hold  such  day  sessions  as  the  city  may  by  ordinance 
prescribe,  and  such  additional  sessions  as  they  shall  deem 
necessary ;  and  they  shall,  in  any  event,  hold  in  or  near 
each  ward  in  said  city  not  less  than  ten  evening  sessions, 
each  of  at  least  three  hours'  duration,  between  the  first 
da}'  of  September  and  the  close  of  registration  l^efore  the 
annual  state  election,  and  the  same  nuni])er  of  like  ses- 
sions between  the  annual  state  election  and  the  close  of 
registration  before  the  annual  city  election,  and  they  shall 
hold  at  their  principal  office  a  continuous  session  from 
nine  o'clock  in  the  morning  until  ten  o'clock  in  the  even- 
ing on  the  twentieth  day  preceding  the  annual  state  elec- 
tion, and  a  like  continuous  session  on  the  twentieth  day 
preceding  the  annual  city  election. 

Section  77.  An  election  commissioner  or  assistant 
registrar  of  voters  shall,  at  the  times  and  places  fixed 
for  registering  voters,  examine  under  oath  each  applicant 
for  registration  as  to  his  qualifications  as  a  voter,  and,  if 
satisfied  that  the  ap])licant  is  a  (lualified  voter,  shall  im- 
mediately, in  the  presence  of  the  applicant,  enter  in  the 
proper  columns  of  said  register  the  information  required 
by  section  seventy-five  of  this  act,  according  to  the  state- 
ments of  the  applicant ;  and  if  at  any  time  prior  to  an  elec- 
tion the  board  shall  l)e  of  opinion  that  there  is  an  error 
in  such  information,  after  giving  notice  to  the  person  by 
mail,  by  special  delivery,  that  he  may  be  heard  on  a  certain 
day  named  therein,  it  may  on  said  day  re-examine  said 
information  and  correct  such  error,  if  any.  No  person 
shall,  except  as  provided  in  section  forty-five  of  this  act, 
have  his  name  entered  upon  such  register  unless  he  per- 
sonally a])pears  before  said  board  or  one  meml^er  thereof, 
or  an  assistant  registrar,  and  is  found  qualified  to  be  reg- 
istered 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  inspection,  and 
make  oath  that  he  is  the  ])ers()n  named  therein.  But  if 
there  is  a  record  in  the  office  of  said  l)oard  made  in  the 
year  eighteen  hundred  and  ninety-six,  or  sul)se(iuent 
thereto,   that  the  naturalization  papers   of  the  applicant 


Acts,  1898.  — Chap.  548. 


567 


have  once  been  produced  and  examined,  they  need  not  be 
again  })r()duoed. 

Section  78.     Said  ])oard  shall  each  year  after  the  close  street usts of 
of  registration  and  before  the  annual  state  election  make,  voflrs^'obe 
by  precincts,  from  the  annual  register,  street  lists  of  the  ™*'^®' 
registered  voters  to  be  used  as  the  voting  lists  at  elec- 
tions.    Each  list  shall  contain  not  less  than  two  hundred 
names,  and  names  sliall  be  added  to  or  taken  therefrom 
as  persons  are  found  qualified  or  not  qualified  to  vote. 
Said  lists  shall  be  iu  the  following  form : 


-Street. 


Form  of  lists. 


Xame 
OF  Voter. 

Residence,  Number, 

or  other  Desig'- 

nation,  May  1,  of  the 

Year  of  Election. 

Length 

of  Residence 

in  City. 

Personal 
Description. 

SB 

< 

"3 

1 

1 

Sectiox  79.     Said  board  shall,  prior  to  the  annual  state  copies  of  voting 
election  and  prior  to  the  annual  city  election,  prepare  pared  in%^am'- 
in  pamphlet^  form,  not  less  than  fifty  copies  of  each  vot-  g!;\1^but"n.''' 
ing  list,  omitting  therefrom  ever^ihing  except  the  name 
and  residence  of  the    voters,  and    shall    distriljute    said 
coj)ies  as  they  may  deem  best. 

Section  80.  Every  person  apon  applying  to  vote  voter  to  write 
shall,  M'hen  requested  by  any  election  officer,  write  his  requesT.'^ "^°° 
name  in  a  book  prepared  for  the  purpose,  unless  the  voter 
declares  under  oath  to  the  presiding  officer  that  he  was  a 
voter  before  the  first  day  of  ]May  in  the  }'ear  eighteen  hun- 
dred and  fifty-seven  and  cannot  write,  or  that  by  reason  of 
blindness  or  other  physical  disability  he  is  unable  to  write. 


Title  HI. 

1.       POLITICAL    COAENIITTEES. 

Section  81.  Each  jjolitical  party  shall  annually  elect  state  commit- 
a  state  committeo,  the  members  of  which  shall  hold  office  term, etc. 
for  one  vear  from  the  first  dav  of  rlanuarv  next  followinnr 
their  election  and  until  their  successors  shall  have  organ- 
ized. Said  committee  shall  consist  of  at  least  one  member 
from  eacli  senatorial  district,  who  shall  l)e  elected  at  the 
con\ciiti()ii    held   for  the   nomination   of  a  candidate  for 


568  Acts,  1898.  — Chap.  548. 

senator  to  he  voted  for  in  said  district  at  the  annnal  state 
election. 
Organization.  rpj^^  members  of  the  state  committee  shall,  in  the  month 

of  January,  meet  and  organize  by  the  choice  of  a  chair- 
man, a  secretary  and  a  treasurer,  and  such  other  otficers 
as  they  may  decide  to  elect. 
bCTs^nd'offi^ers      The  Secretary  of  the  state  committee  shall ,  within  ten  days 
to  be  filed.         Qf  J^^(.J^  organization,  tile  with  the  secretary  of  the  Com- 
monwealth, and  send  to  each  city  and  town  committee,  a 
list  of  the  members  of  the  committee  and  of  its  officers. 
Vacancies.  j^  vacaucv  in  the  office  of  chairman,  secretary  or  treas- 

urer of  the  committee  or  in  the  meml)crship  thereof  shall  be 
filled  by  the  committee,  and  a  statement  of  any  such  change 
shall  be  hied  as  in  the  case  of  the  officers  first  chosen, 
^mmittees"^       Section  82.     Each  political  party  shall,  in  every  ward 
election,  term,    ^ud  towu,  annually  elect  a  committee  to  be  called  a  ward 
or  a  town  committee,  to  consist  of  not  less  than  three  per- 
sons, who  shall  hold  office  for  one  year  from  the  first  day 
of  January  next  following  their  election  and  until  their 
successors  shall  have  organized,  except  that,  whenever  a 
ward  committee  shall    l)e  elected    between  the  first  day 
of  January  and  the  first  day  of  June,  the  members  thereof 
shall  hold  office  for  one  year  from  the  first  day  of  June 
next  following  their  election  and  until  their  successors 
shall  have  organized. 
City  committee.       ^lie  members  of  the  several  ward  committees  of  a  po- 
litical party  in  a  city  shall  constitute  a  committee  to  be 
called  a  city  committee. 
committel*i7°         Each   towu  cominittce  shall  annually,  between  the  first 
organization,      ^jg^y  gf  January  and  the  first  day  of  March,  and  each  city 
committee  shall,  Avithin  thirty  days  from  the  beginning 
of  their  term  of  office,  meet  and  organize  by  the  choice  of 
a  chairman,  a  secretary  and  a  treasurer,  and  such  other 
officers  as  they  may  decide  to  elect. 
mdmem°b^?8"       The  Secretary  of  each  city  and  town  conmiittee  shall, 
to  be  filed.         within  ten  days  after  their  organization,  file  with  the  sec- 
retary of  the  Commonwealth,  with  the  city  or  town  clerk, 
and  with  the    secretary   of  the    state    committee   of  the 
political  party  which  they  represent,  a  list  of  the  officers 
and  meml)ers  of  the  committee. 
Vacancies.  ^  vacaucy  in  the  office  of  chairman,  secretary  or  treas- 

urer of  a  city,  ward,  or  town  committee  shall  ])e  filled  by 
the  committee,  and  a  vacancy  in  the  membership  of  a  town 


Acts,  1898.  —  Chap.  5^8.  569 

or  ward  conimittoo  shall  be  filled  b}'  such  committee,  and 
ii  statement  of  any  such  change  shall  be  filed  as  in  the  case 
of  the  ofiicers  first  chosen. 

Skction  88.      In   case  of  a  re-division  of  a  city  into  ward  commit, 
wards   any  political  party  may  in  the  next  succeedino-  re^divlstonV/a* 
calendar  year  elect  its  ward  committees,  to  serve  for  such  "ty i°to  ^v"<i8. 
terms,  not  exceedin<>:  the  length  of  the  terms  for  which 
the  former  connnittoes  were  chosen,  as  the  city  connnittee 
existing  at  the  time  of  calling  the  caucuses  may  deter- 
mine, and  thereafter  shall  elect  such  committees  at  the 
times  and  for  the  terms  prescribed  by  law. 

The  caucuses  for  the  choice  of  such  ward  committees  calling  of  cau- 
shall  be  called   by  the  city  committee   in   existence  at  the  of  wardcom°"'* 
time,  and  shall   be  subject  to  such  reasonable  notice  as  ™^"*^''*- 
said  city  committee  shall  determine. 

Sectiox  84.      Committees  of  any  party  existing  at  the  certain  com- 
time   when  such  party  at  an   annual   state   election   first  JTeemed  o°rgan- 
polls  for  governor  three  per  cent,  of  the  entire  vote  cast  pro'li"g°onJ.*^^^^ 
in  the  Commonwealth  for  that  office  shall  be  deemed  to 
l)e  organized  under  these  provisions. 

Section  85.  A  state,  city  or  town  committee  may  May  make  rules 
make  rules  and  regulations,  not  inconsistent  with  law,  for  ^°  "^^^^ 
its  proceedings  and  relative  to  caucuses  called  by  it. 
F^ach  town  or  city  committee  may  make  reasonaljle  regu- 
lations, not  inconsistent  with  law,  to  determine  member- 
ship in  the  ])ai'ty,  and  to  restrain  those  not  entitled  to 
\ ote  at  caucuses  from  attendance  thereat  or  taking  part 
therein.  But  no  political  committee  shall  prevent  any 
voter  from  ])articipating  in  a  caucus  of  its  party  for  the 
reason  that  the  voter  has  supported  an  independent  can- 
didate for  political  office. 


"2.       PROVISIONS    APPLYING   TO    ALL    CAUCUSES    OF    POLITICAL 

PARTIES. 

Section  8(i.     Except  as  provided  in  this  act  no  caucus  Caucuses  en. 
or  meeting  shall  be  entitled  to  nominate  a  candidate  for  nate,  ere""™*' 
public  office  whose  name  shall  be  placed  on  the  official 
l)allot,  or  to  elect  delegates  to  a  political  convention  for 
the  nomination  of  such  candidate  or  to  choose  a  })olitical 
committee. 

Except  nominations  for  the  office  of  rejiresentative  in  cenain  nomina- 
thc  general  court,  no  nomination   of  a   candidate   to   be  madebyM" 


570  Acts,  1898.  — Chap.  548. 

voted  for  in  an  electoral  district  or  division  containing 

more  than  one  town  or  more  than  one  ward  of  a  city  shall 

be  made  by  a  caucus. 

cue'ls'to'^be'heid      Section  87.     All  caucusBS  of  political  parties  (except 

on  one  of  two     for  sDccial  elcctious)  for  choice  of  delegates  to  i)olitical 

consecutive  '■        ,  i-i.  ti  i  li- 

days,  etc.  convcutions  wliicli  nominate  candidates  to  ))e  voted  lor 

at  the  annual  state  election,  and  for  the  nomination  of 
candidates  to  be  voted  for  at  such  election,  shall  be  held 
throujrhout  the  Commonwealth  on  one  of  two  consecutive 
days,  designated  by  the  state  committee  of  the  political 
party  for  which  said  caucuses  are  held  ;  and  all  of  said 
deleo-ates  shall  be  elected  and  all  of  said  candidates  shall 
be  nominated  at  one  caucus,  except  that  caucuses  held 
for  choice  of  delegates  to  a  representative  district  con- 
vention, or  for  nomination  of  candidates  for  the  general 
court,  may  be  called  and   held  as  hereinafter  provided. 

Designations  of  guch  caucuscs  shall  be  held  at  the  call  of  the  state  corn- 
dates  to  be  for-         .  /«      i  i  •  •      i 

warded,  etc.  mittec  ot  tlic  political  party  whose  caucuses  are  to  be 
held,  and  the  chairman  and  secretary  of  the  state  com- 
mittee of  each  political  party  shall  at  least  twenty-one 
days  before  the  date  on  which  the  caucuses  are  to  be  held 
forward  a  copy  of  the  call,  with  designations  of  dates  to 
the  chairman  and  secretary  of  each  city  and  town  com- 
mittee of  their  party,  and  they  shall  at  the  same  time 
designate  two  other  consecutive  days,  which  shall  be  at 
least  seven  days  \Atvv  than  the  designation  above  pro- 
vided, as  dates  on  Avhich  caucuses  n^&y  be  held  for  choice 
of  delegates  to  a  representative  district  convention,  or 
for  nomination  of  candidates  for  the  general  court.  Each 
city  or  town  committee  shall  determine  on  which  one  of 
said  two  dates  such  representative  caucuses  shall  be  held 
in  their  city  or  town. 

Representative       j^q  representative  conventions  shall  be  held  at  a  date 

conventions,  i  i  i       •  i 

date  of  holding,  cai'licr  than  fifteen  days  after  the  latest  date  designated 
by  the  state  committee  for  holding  auicuses  for  the  choice 
of  delegates  to  the  state  convention. 

Party  first  filing       SECTION  88.     Xo  two  political  ])arties  sluiU  hold  such 

copy  of  call  en-  i  rm  i.        il      i.    £1-  -^U 

titled  to  pre-      caucusBs  ou  thc  saiiie    day.      ihe  party  first  filing  with 
the  secretary  of  the  Commonwealth  the  copy  of  the  call 
as  al)ove  provided  shall  be  entitled  to  precedence  on  the 
days  named. 
tivrto^peclLt         Section    89.     Caucuses  relative   to  a  special  election 
elections.  .shall  be  held  at  such  time  and  place  and  subject  to  such 

reasonable  notice  as  the  i)olitical  committee  whose  duty  it 


Acts,  1898.  — Chap.  548.  571 

is  to  provide  for  holding  the  same  may  determine.     All 

calls  for  the  same  shall  l)e  issued  by  the  ehairman  and 

secretary  of  said  ])()litical  committee. 

Section  JK).      Every  caucus  of  a  political  party  shall  ^alTedby'r^^ 

l)e    called    by    a    written    or  printed  notice.     No  caucus '^'?"<^°  ""^  . 

of  a  political  party  not  so  called  shall  be  recognized  as 

valid  under  this  title. 

Skction  91.     Notices  for  caucuses   shall  apply  to  all  Notices  to  apply 
1  i-  J.I  ^•A•     1  If        1  1  only  to  mem- 

members  ot  the  [)olitical  party  calling  them  and  to  them  bersofpany 

1  -v^  1         •  J.    'i    •      J 1     ""  /«  I  • .      whose  caucuses 

only.     No  person  having  voted  in  the  caucus  or  one  polit-  are  to  be  held, 
ical  jiarty  shall  l)e   entitled  to  vote  or  take  part  in  the  ***'■ 
caucus  of  another  political  party  within  the  ensuing  twelve 
months.     No  registered  voter  shall   be    prevented  from  voter  may 
voting   or  participating    in  any  caucus   if  he  takes   the  **^^  *'^''^' 
following  oath  which  shall  be  administered  to  him  by  the 
})residing  officer  of  the  caucus  : 

You  do  solemnly  swear  (or  affirm)  that  3'ou  are  a  registered  Form  of  oath, 
voter  ill  this  ward  (or  town)  and  have  the  legal  right  to  vote  in  this 
caucus ;  that  you  are  a  member  of  the  jjolitical  partj'  holding  the 
same,  and  intend  to  vote  for  its  candidates  at  the  polls  at  the  elec- 
tion next  ensuing ;  and  that  you  have  not  taken  part  or  voted  in.  the 
caucus  of  any  other  political  partj^  for  twelve  months  last  past. 

Such  voter  may  be  cnallenged  like  any  other  voter.  Person  whose 
Any  person  whose  right  to  vote   is  challenged  for  any  challenged  to 
cause  recognized  bylaw  shall  not  be  permitted  to  vote  *  ®°^   '^''' 
until  he  has  taken  the  foregoing  oath  ;  and  the  clerk  or 
secrettiry  of  the  caucus  shall  make  a  record  of  the  admin- 
istration of  said  oath  to  every  person  who  takes  the  same, 
which  record  shall  state  whether  or  not  said  person  voted. 
Said  record  shall  be  returned  with  the  proceedings  of  said 
caucus  and  shall  be  i)rima  facie  evidence  in  any  court  that 
such  })erson  took  said  oath  and  voted  in  said  caucus. 

Sectiox  92.     In  l)allotiiii»-,  the  votiuii;  lists    furnished  Voting  lists  to 

.    .  .  .  .  .     ,  »      1  •  "^  used. 

under  tiie   })rovisioiis    ot    section   sixty-eight   ot  this   act 
shall  be  used  as  check  lists. 

No  person  shall  be  entitled  to  A^ote  or  to  take  part  in  a  certain  persons 

hi  ,  •  1    1  •   J.  not  entitled  to 

ose  name  does  not  appear  uj)on  said  lists.  take  part  in 


Skctiox  93.     The  ])ers()ns  receiving  the  highest  nuni))er 


caucuB. 
Persons  deemed 


of  votes  in  a  caucus  shall  be  declared  elected  or  nomi- to  be  elected, 
nated.     If  there  is  a  tie  vote  for  deleoates  to  a  conven-  Delegates  to  a 

,  .  .~  convention,  tie 

tioii,  or  a  ])lace   unhlled  in   a  delegation,   or  a  vacancy  vote, etc. 
occasioned   l)y   inability  or  neglect  of  a  delegate  elected 
to  attend  a  convention,  such  vacancies  shall  be  tilled  only 


572 


Acts,  1898.  — Chap.  548. 


Tie  vote  for 
caiicuH  officers, 
etc. 


Proceedings  in 
case  of  failure 
to  elect. 


Certificates  of 
election,  etc. 


])V  vote  of  the  remainino;  members  of  the  deleiration  at  a 
meeting  called  for  the  purpose.  Such  meeting  shall  choose 
a  chairman  and  secretary,  and  the  secretary  shall  notify 
the  secretary  of  the  convention  of  the  action  taken  rela- 
tive to  such  vacancy. 

If  there  is  a  tie  vote  for  members  of  a  town  or  ward 
committee,  or  for  caucus  officers,  the  meml)ers  or  caucus 
officers  elected  shall  fill  the  vacancy. 

If  a  majority  of  a  delegation,  of  a  ward  or  town  com- 
mittee, or  of  caucus  officers  is  not  elected,  or  there  is  a  tie 
vote  for  candidates  for  an  elective  office,  the  caucus  shall 
at  once  proceed  to  another  ballot,  unless  some  one  present 
entitled  to  vote  objects  ;  in  which  case  the  caucus  shall 
adjourn  to  any  subsequent  day.  The  hour  and  place 
shall,  if  practicable,  be  the  same  as  that  named  in  the 
call. 

Section  t)4.  The  presiding  officer  and  secretary  or 
clerk  of  each  caucus  shall  within  three  week  days  after  its 
final  adjournment  deliver  or  send  to  each  delegate  to  a 
political  convention,  to  each  member  of  a  political  com- 
mittee, and  to  each  caucus  officer  a  certificate  of  his  elec- 
tion, and  to  each  candidate  for  an  elective  office  a  notice 
of  his  nomination. 


Polling  places 
to  be  provided. 


Notices  of 
caucuses. 


.i.  PROVISIONS  APPLYING  TO  CAUCUSES  OF  POLITICAL 
PARTIES  EXCEPT  IN  BOSTON  AND  IN  CERTAIN 
CITIES    AND    TOWNS. 

Section  95.  At  least  two  weeks  prior  to  the  date 
on  which  caucuses  are  to  be  held,  the  chairman  or  secre- 
tary of  the  city  or  town  committee  shall  notify  the  alder- 
men or  the  selectmen  res]iectively  of  such  date,  and  said 
aldermen  or  selectmen  shall,  at  the  expense  of  the  city  or 
town,  provide  polling  places  for  said  caucuses,  in  case 
of  a  city  not  less  than  one  for  each  ward  ;  and  shall, 
at  least  ten  days  prior  to  the  date  of  said  caucus,  give 
said  chairman  or  secretary  notice  of  the  places  so  \)vo- 
vided. 

Section  96.  Notices  of  caucuses,  signed  by  the  chair- 
man and  secretary,  shall  be  issued  by  each  city  and  town 
committee  not  less  than  seven  days  prior  to  the  day  on 
which  they  are  to  l)e  held.  The  notices  shall  state  the 
place  where,  and  the  day  and  hour  when,  the  several 
caucuses  are  to  be    held.     They  shall   he  conspicuously 


Acts,  1898.  — Chap.  548.  573 

j)ostccl  in  at  least  tive  places  on  the  highways  or  streets, 
and,  if  {nacticable,  in  every  post  office  in  the  city  or  town, 
or  sh:ill  ho  pul)lislied  at  least  twice  in  one  or  more  local 
newspapers,  if  there  are  any.  The  hour  fixed  for  call-  ^u^^g""" 
inir  the  caucus  to  order  shall  not  be  later  than  eight 
o'clock  in  the  evening. 

The  notice  shall  designate  ])y  name  or  office  the  })erson  Notice  to  desig. 
who  shall  call  such  caucus  to  order;  and  he  shall  preside  whoshaiicaii 
until  a  chairman  is  cliosen.     If  he  is  al)sent  at  the  time  '^^^'^^''  °°^  *^'' 
appointed,  any  member  of  the  ward  or  town  committee 
present  shall  call  the  caucus  to  order  and  preside  until  a 
eliairnian  is  chosen. 

The    tirst    l)usiness   in   order  shall  l)e  the  choice  of  a  First  business. 
ehairman,  a  secretary,  and  such  other  officers  as  the  meet- 
iuiT  niav  determine. 

"Section  97.     A  ballot  shall  l)e  taken  for  the  choice  of  S^etJ!^ 
any   candidate,  delegate  or  memljer   of  a  political  com- 
mittee, to  be  selected  by  such  caucus,  and  the  polls  shall 
be  kept  open  at  least  thirty  minutes. 

Sectiox  98.     The  secretary  of  each  caucus  shall  pre-  Ballots  and 
serve  for  ten  days  all  Imllots  cast  and  all  ^'oting  lists  used  be  preserved, 
at  the  caucus.     If  during  said  time  ten  voters  entitled  to  ^  ^' 
vote  in  said  caucus  shall  tile  with  him  a  written  request  so 
to  do,  he  shall  preserve  said  ballots  and  voting  lists  for 
three  months,  and  shall  produce  the  same,  if  required  by 
any  eourt  of  justice  or  convention  having  jurisdiction  or 
authority  over  the  same. 

If  within  thi'ee  Aveek  days  after  any  caucus  a  person  Notice  of  inten 
who  has  received  votes  thereat  for  nomination  or  election  etc. 
to  any  office,  delegation  or  political  conmiittee  shall  tile 
a  statement  in  writing  with  the  secretary  of  said  caucus 
claiming  an  election  or  nomination,  or  declaring  an  inten- 
tion to  contest  the  election  or  nomination  of  any  other 
])erson,  the  secretary  shall  ])reserve  the  ballots  for  such 
nomination  or  office  until  the  claim  or  contest  is  finally 
determined. 

The  secretarv  shall  iinmediatelv  uive  notice  in  writino-  Recount  of 

,,  "     ,,.  1      ,•     •  \-'  •^^  •       J.  J.      i:      ^'    ballots,  etc. 

to  the  jiersons  atlected,  fixing  a  time  within  twenty-tour 
hours  thereafter  and  a  i)lace  at  which  said  l)allots  will  be 
recounted,  and  the  chairman  and  secretarv  of  the  caucus 
shall,  at  said  time  and  place,  recount  said  ballots  and 
determine  the  (|uestions  raised.  Each  candidate  affected 
may  l)e  |)resent  during  such  recount,  or  may  be  repre- 
sented by  an  agent  a])|)oiiited  by  him  in  writing. 


574: 


Acts,  1898.  — Chap.  548. 


Calling,  etc.,  of 
caucuses  in 
Boston  and  cer- 
tain cities  and 
towns. 


Calling  of  cau- 
cuses for  pur- 
pose of  voting 
on  qiiestion  of 
adoption. 


Acceptance 
may  be  re- 
voked, etc. 


Notice  of  action 
to  be  filed. 


Certain  cau- 
cuecB  relating 
to  city  or  town 


4.        PROVISIONS    APPLYING    TO  CAUCUSES  OF  POLITICAL  PAR- 
TIES   IN    BOSTON    AND    CERTAIN    CITIES    AND    TOWNS. 

Section  99.  All  caucuses  of  a  })olitical  party  in  the  city 
of  Boston  for  the  choice  of  caucus  officers,  of  delei>:ates  to 
any  political  convention,  or  of  a  political  committee,  or 
of  candidates  for  any  state  or  city  election,  and  all  such 
caucuses  in  aiiy  city  or  town  held  by  a  political  party 
which  has  therein  adopted  this  and  the  following  thirty- 
two  sections,  or  the  corresponding  provisions  of  earlier 
laws,  shall  be  called  and  held  as  hereinafter  provided. 

Section  100.  Any  city  or  town  committee  shall,  at 
the  written  request  of  fifty  voters,  memljers  of  its  party, 
call  caucuses  of  said  party  to  determine  by  ballot 
whether  the  special  provisions  of  this  act  applying  to 
caucuses  of  political  parties  in  Boston  and  certain  cities 
and  towns  shall  be  adopted  l)y  said  political  party  in  the 
city  or  town.  The  notice  of  said  caucus  shall  state 
the  purpose  for  which  it  is  called,  the  place,  the  day  and 
the  hour,  not  earlier  than  six  o'clock  and  not  later  than 
half-past  seven  o'clock  in  the  evening,  of  holding  said 
caucus.  It  shall  be  issued  at  least  seven  days  prior  to  the 
day  named  therefor,  and  shall  be  published  at  least  twice 
in  one  or  more  local  newspapers,  if  there  are  any,  and 
shall  be  posted  in  at  least  five  pul)lic  places  in  each  ward 
or  town.  The  })olls  shall  be  kept  open  at  least  one  hour. 
If  said  caucuses  shall  vote  to  adopt  said  provisions,  all 
caucuses  of  said  political  party  in  said  city  or  town  shall 
thereafter  be  called  and  conducted  accordingly. 

Section  101.  A  i)olitical  party  in  a  city  or  town 
which  has  accepted  said  special  ))rovisions  may,  not 
less  than  one  year  after  the  date  of  the  caucus  wherein 
such  provisions  were  adopted,  revoke  such  action  at  a 
caucus  called  and  held  in  the  manner  provided  in  the  pre- 
ceding section.  Upon  the  adoption  of  said  provisions 
or  upon  the  revocation  of  such  adoption,  the  secretary  of 
the  city  or  town  committee  of  such  political  party  shall, 
within  ten  days  thereafter,  file  with  the  secretary  of  the 
Commonwealth  and  with  the  clerk  of  the  city  or  town 
and  the  secretary  of  the  state  committee  of  the  ])olitical 
party  so  voting,  a  notii'e  thereof. 

Section  102.  All  such  caucuses  of  a  political  party 
for  the  choice  of  candidates  for  a  city  or  town  election, 


Acts,  1898.  — CnAr.  5i8.  575 

and  for  the  choice  of  delegates  to  a  convention  to  noni-  elections  to  be 
inate  candidates  for  such  election,  exoe])t  caucuses  relat-  day. 
ing  to  a  special  election,  shall  be  held  on  the  same  day  in 
each  city  and  town ;  but  caucuses  for  the  choice  of  dele- 
gates to  a  convention  to  nominate  candidates  to  l)e  voted 
for  by  the  city  or  town  at    large  may  be  held  upon  a 
dirterent  day  from  the  other  caucuses.     All  caucuses  for 
the  choice  of  a  political  committee  shall  be  held  on  the 
same    day,   or    such    connnittee    may   be    chosen   at    the 
caucuses  held  for  the  choice  of  candidates  to  be  voted  for 
at  a  city  or  town  election.     The  city  or  town  committee  city  or  town 
shall  iix  the  days  for  holding  all  caucuses  mentioned  in  fix'dTy"^'^  *^ 
this  section,  and  all  calls  for  the  same  shall  be  issued  by 
its  chairman  and  secretary. 

Xo  two  political  parties  shall  hold  their  caucuses  on  the  Party  first  filing 
same  day.     The  party  tirst  tiling  a  copy  of  the  call  for  ?Xd'tc  p^"-^°' 
a  caucus  with  the  city  or  town  clerk,  or  in  Boston  with  •=®^*^°<'^- 
the  board  of  election  commissioners,  shall  be  entitled  to 
precedence  as  to  the  day  so  fixed. 

Section  103.     In  Boston  no  caucus  for  the  choice  of  p?^^i°8  °^ '=®''-. 

tain  caucuses  in 

candidates  or  of  delegates  to  a  convention  to  nominate  Boston  relative 

f  1  />  .         *-,         .  ,      .  to  city  election. 

candidates  tor  a  city  election,  except  caucuses  relating  to 
special  elections,  shall  l)e  called  for  a  date  earlier  than 
seven  days  after  the  annual  state  election. 

Section  104.     Notices   of  caucuses   in  said  cities  or  Notices  of  cau- 
towns  shall  state  the  jilace  where,  and  the  day  and  hour  and^towns!^^* 
prior   to  which,   nomination    papers   shall    be   filed,   and 
the  day  on  which  the  several  caucuses  will  l)e  held,  and 
shall  be  issued  not  less  than  eighteen  days  prior  thereto. 

Section  105.  At  least  two  weeks  prior  to  the  day  Pouing  places, 
named  for  a  caucus  the  chairman  or  secretary  of  the  city  ^ded?  ^^  ^^'^' 
or  town  committee  shall  give  notice  of  such  date  to  the 
aldermen  or  to  the  selectmen,  or  in  Boston  to  the  election 
commissioners,  who  shall,  at  least  ten  days  prior  to  such 
date,  notify  the  city  or  town  committee  of  the  places 
selected  for  holding  the  caucuses,  and  shall,  at  the  ex- 
pense of  the  city  or  town,  provide  polling  places,  in  a 
city  not  less  than  one  for  each  ward,  and  furnish  them 
with  booths,  registering  ballot  boxes,  guard  rails  and  the 
like,  as  they  are  arranged  for  state  elections. 

When  twent\-tive  voters  of  a  Avard  or  of  a  town  shall  votingmay 

-  proceed  in  two 

re<|uest  in  writing  at  least  twelve  days  before  any  caucus  or  more  unes  la 
of  the  political  party  to  which  they  l)elong,  the  aldermen 
or  selectmen  shall  so  arrange  the  jiolling  pla^e  of  such 


576 


Acts,  1898.  — Chap.  548. 


Seven  days' 
notice  to  be 
given  by  city 
and  town  com- 
mittees. 


Blank  nomina- 
tion papers  to  be 
provided,  etc. 


Nominations  to 
be  made  by 
nomination 
papers. 


Signatures, etc. 


Number  of 
names  limited. 


Acceptance 
to  be  tiled  with 
nomination 
paper. 

Acceptance  of 
candidate  to  fill 
vacancy  to  be 
filed. 


Certain  infor- 
mation may  be 
given  concern- 
ing candidates 


ward  or  town  as  to  allow  voting  to  proceed  in  two  or 
more  lines  at  the  caucus. 

Sectiox  106.  At  least  seven  days  prior  to  the  day 
named  for  a  caucus,  the  city  or  town  committee  shall 
issue  a  notice  that  such  caucus  will  be  held,  statino-  the 
place,  the  day  and  the  hour  of  holding  the  same.  The 
hour  shall  not  be  earlier  than  two  o'clock  in  the  afternoon, 
nor  later  than  half-past  seven  o'clock  in  the  evening. 
Notices  relative  to  the  tiling  of  nomination  papers  or  for 
caucuses  shall  be  pul)lislied  at  least  tAvice  in  one  or  more 
local  newspapers  if  there  are  any. 

Section  107.  The  city  or  town  shall  provide,  and  the 
city  or  town  clerk  or  election  commissioners  shall  season- 
ably prepare,  for  each  political  party,  blank  nomination 
papers  for  use  in  the  different  wards  of  the  city  or  in  the 
town.  Such  papers  shall  state  the  place  where,  and  the 
day  and  hour  prior  to  which,  signed  nomination  papers 
shall  be  filed.  On  the  back  of  each,  sections  one  hun- 
dred and  eight  to  one  hundred  and  fourteen  inclusive,  of 
this  act,  shall  be  printed.  They  shall  be  delivered  to  the 
chairman  or  secretary  of  the  political  committee  for  whose 
use  they  have  been  prepared,  and  to  no  other  person. 

Section  108.  Nominations  of  candidates  for  elective 
offices,  for  delegates  to  a  convention,  for  caucus  officers, 
and  for  a  ward  or  town  committee  to  be  voted  for  at  a 
caucus,  shall  be  made  by  nomination  papers,  as  hereinafter 
provided. 

Such  papers  shall  be  signed  in  person  l)y  at  least  live 
legal  voters  of  the  ward  or  town  in  which  the  caucus  is 
to  be  held,  who  shall  be  members  of  the  political  party 
holding  the  caucus,  and  Avho  shall  add  to  their  signatures 
the  street  and  nuinber,  if  any,  of  their  residences. 

Nomination  papers  shall  not  contain  a  larger  numl)er  of 
names  of  candidates  than  there  are  persons  to  be  elected. 

No  nomination  paper  offered  for  filing  shall  be  received 
or  be  valid  unless  the  written  acceptance  of  every  candidate 
thereby  nominated  shall  be  filed  therewith. 

No  vacancy  caused  by  the  death,  Avithdrawal  or  ineligi- 
bility of  any  of  the  above  candidates  shall  be  filled  in  the 
manner  now  provided  by  law,  unless  the  person  entitled 
to  till  such  vacancy  shall  file  the  written  acceptance  of  the 
candidate  who  is  nominated  to  till  the  vacancy. 

Section  109.  The  nomination  jiaper  for  an  elective 
office  shall  irivc  the  name  of  the  candidate,  the  street  and 


Acts,  1898.  — Chap.  'AS.  r^Tl 

mmiber,  if  any,  of  his  residence,  and  may,   in  not  more  for  elective 
than   riijrht   words,  state  his  occupation,  the  })ul»lic  offices 
he  has  held,  or  any  otiier  information  whereby  his  identity 
may  be  established,  and  his  qualitications  for  the  office  to 
be  tilled,  or  his  position  on  any  })ublic  measure. 

The  nomination  })aper  of  a  candichite  for  a  caucus  office  Candidates  for 
or  for  a  ward  or  town  committee  shall  state  the  street  and  ete.*'""*"  '^'^''' 
number,  if  any,  of  his  residence. 

There  mav  be  added  to  the  name  of  a  ])erson  proposed  Delegates  to 

•  .  .  ,  conveutions. 

as  a  delegate  to  a  convention,  a  statement  ot  not  more  than 
eight  words  that  he  is  favoral)le  to,  or  is  i)ledged  to  su})- 
port,  or  to  oppose,  any  person  for  an  office  to  be  tilled,  or 
is  favoral)le  to,  or  opposed  to,  any  pul)lic  measure,  or  is 
uncommitted. 

Section  1 1<).     All  nomination  i)ai)ers  shall  l)e  sealed  up  To  be  sealed 

-.,-.,  ^,  /■!  •  and  hied  ten 

and  hied  m  the  office  ot  the  secretary  ot  the  city  or  town  days  before 
committee  not  less  than  ten  week  days  previous  to  the  day 
on  which  the  caucus  is  to  be  held  for  which  the  nomina- 
tions are  made,  and  the  secretary  shall  endorse  upon  them 
the  time  at  which  they  are  received  by  him.  They  shall 
not  be  opened  until  the  time  for  their  tiling  has  expired, 
when  the  secretary,  at  his  office,  shall  publicly  open  them 
anil  publicly  announce  the  nominations  therein  made. 

Skctiox  111.  The  secretary  of  the  city  or  town  com-  correction  of 
mittee  sjiall  immediately  give  notice  to  the  person  tiling 
the  nomination  paper  of  any  error,  irregularity  or  infor- 
mality a[)p('aring  therein,  and  such  person  may,  within  two 
week  days  of  the  time  when  the  nomination  papers  were 
opened,  correct  the  same,  or  said  secretary  may  make 
such  correction. 

Section  112.     If,  in  a  city,  nomination  papers  placing  Proceedings 
persons  in  nomination  for  all  the  offices  to  be  tilled  at  a  paper.- are  not 
caucus,  in  any  ward,  are  not  tiled,  the  secretary  of  the  city  ^''^'^' 
connnittee  shall  forthwith  notify  the  chairman  or  secretary 
of  the  committee  of  such  ward,  who  shall  forthwith  call  tYe^'mayTom*-' 
a  meeting  of  said  committee   which  may  nominate  candi-  uate. 
dates  tor  all  offices  for  which  nomination  })a))ers  have  not 
been  tiled,  and  shall  immediately  tile  with  the  secretary  of 
the  city  committee   nomination  ])apers  signed  by  all  the 
members  of  the  committee  who  agree  to  the  nominations 
thei'ein  made.     In  case  of  disairreement  two  sets  of  such  Two  sets  of 

,,.11  ~f ,.        ,     .,  ■       ,.  /•  papers  may  be 

nomination  papers  may  be  hied.  It,  at  the  ex))irati()n  ot  tiied in cas^e of 
two  week  days  after  the  time  at  which  nomination  papers  ^^'^-'si'-cement, 
were  opened,    projier   nomination  ]»apers   have  not  been 


578  Acts,  1898.  — Chap.  548. 

filed  for  all  the  offices  to  lie  filled,  or  upon  any  vacancy 
caused  by  death  or  otherwise,  except  a  witlidrawal,  the 
chairman  and  secretary  of  the  city  committee  may  file 
nomination  papers  for  such  offices  or  vacancies. 
townf^'bln"*  Section  113.  If,  in  a  town,  nomination  papers  placing 
papers  are  not    persons  in  nomination  for  all  the  offices  to  be  filled  at  a 

tiled   6tc 

caucus  are  not  filed,  or  upon  a  vacancy  by  death  or  other- 
wise, except  a  w^ithdrawal,  the  chairman  or  secretary  of  the 
town  committee  shall  forthwith  call  a  meeting  of  said 
committee,  Avhich  shall  have  all  the  powers  relatiAC  to  the 
nomination  of  candidates  conferred  in  the  preceding  sec- 
tion upon  a  ward  committee  and  the  chairman  and  secre- 
tary of  a  city  committee. 
Vacancy  caused      SECTION  114.     A  pcrsou  nominated  bv  a  nomination 

by  withdrawal,  .       ,  1  _         • 

how  tilled.         paper  may,  within  two  week  days  of  the  announcement 
thereof,  file  a  written  withdrawal   with  the  secretary  of 
the  city  or  town  committee,  who  shall  immediately  give 
notice  of  such  withdrawal  and  of  the  provisions  of  this 
section  to  the  person  who  filed  said  nomination  paper,  and 
he  ma}^,  within  twenty-four  hours  thereafter,  ])resent   a 
new  name  on  a  nomination  paper  signed  by  himself ;  other- 
wise the  chairman  and  secretary  of  the  city  or  town  com- 
mittee may  file  nomination  papers  for  such  vacancy. 
dluvere*dto%ity       SECTION  115.     Not  Icss    than  scvcu  wcck  days  before 
or  town  clerk,     fj^g  day  upoii  wliicli  the  caucuses  are  to  l)e  held  and  before 
five  o'clock  in  the  afternoon  of  the  last  day,  the  secretary 
of  each  city  or  town  committee  shall  deliver  to  the  city 
or  town  clerk,  or  in  Boston  to  the  election  commission- 
ers, the  nomination  })apers  filed  with  him, 
beTo^r'ected ***        SECTION  116.     If  au  crror  or  informality  is  found  in 
before  a  certain  aiiv    nomination  iiapcr  it  shall  1)6  fortiiwith  returned  to 

time  6tc.  " 

the  secretary  of  the  committee  by  whom  it  was  filed,  for 
correction  ;  and  if  it  is  not  corrected  and  again  filed  before 
five  o'clock  in  the  afternoon  of  the  day  following  its  re- 
turn to  said  secretary,  it  shall  be  void. 
towns  to  pro-  SECTION  117.     The  citv  or  town  shall  provide  and  the 

vide  ballots,  etc.  ^.j^y  ^j,  towu  clcrk,  or  iu  Boston  the  election  commis- 
sioners, shall  prepare  baHots  to  l)e  used  in  caucuses,  in 
accordance  with  the  provisions  of  this  act,  and  no  other 
ballots  shall  be  received  or  counted.  No  ballots  as  herein 
provided  shall  be  printed  in  any  printing  establislimcnt 
owned  or  managed  by  the  city  of  Boston. 
ban™t^s!'iiow  '^'^G  chairman  and  secretary  of  the  city  or  town  coni- 

determined.       mittcc  may  determine  the  number  of  ballots  to  be  pro- 


Acts,  1898.  —  Cii.u>.  b4S.  579 

vidcd  lor  each  ward  or  town,  not  exceeding  one  for  each 

registered  voter  therein.     It"  they  fail  so  to  do,  the  city 

or  town  clerk,  or  in  Boston  the  election  commissioners, 

shall  determine  the  number.      At  least  six  facsimile  copies  specimen bai- 

of  the  l)allot,  i)rinted  on  colored  paper,  shall  be  provided 

for  each  polling  place  as  specimen  ballots. 

Section    118.      At  the  top   of   each   ballot   shall   be  Form  of  official 
l)rinted  the  woi-ds  "The  official  ballot  of  (here  shall  follow 
the  pai"ty  name) ."     On  the  back  and  outside  of  each  ballot 
when  folded  shall  he    printed  the  words  "  Official  ballot 
of  the  (here  shall  be  inserted  the  party  name)",  followed 
by  the  number  of  the  ward  or  the  name  of  the  town  for 
which  the  l)all()t  is  prepared,  the  date  of  the  caucus  and  a 
facsimile  of  the  signature  of  the  secretary  of  the  political 
committee.     Names  of  candidates  for  each  elective  office  Arrangement 
shall  l)e  arranged  al[)habetically  according  to  their  sur-  °  °^™^^- 
names. 

Names  of  candidates  for  caucus  officers,  for  ward  or  May  be  grouped 
town  comiuittees,  and  for  delegates  to  conventions  may  be  ing,  etc. 
arranged  in  groups  in  the  order  in  which  they  are  filed, 
l)ut  shall  l)e  arranged  alphabetically  according  to  their 
surnames  whenever  written  recpiest  therefor  is  made  to 
the  secretary  of  the  city  or  town  committee  by  any  ward 
or  town  committee,  or  whenever  the  city  or  town  commit- 
tee so  votes. 

Against  the  name  of  a  candidate  for  a  caucus  office,  for  street  and  nnm- 
an  elective  office,  or  for  award  or  town  committee,  shall  be  to  be  primed. 
printed  the  street  and  number,  if  any,  of  his  residence. 

Anainst  the  name  of  a  candidate  for  an  elective  office  certain  state- 

,.'  ,..,  .  1111  'jiji  jj         ment  to  be 

or  tor  a  political  convention  shall  be  printed  the  state-  printed. 
mcnt  contained  in  the  nomination  paper  placing  him  in 
nomination. 

Xo  names  shall  be  printed  on  a  ballot  other  than  those  Names  to  be 

-1  -j'  T  Tj-11'11'  printed  on  bal- 

])resented  on  nomination  ])apers.     Jmmediatelv  lollowino:  fot,  blank  spaces 
the  names  of  candidates,  blank  spaces  equal  to  the  number '°  "' p'"'*^""''- 
of  persons  to  be  chosen  shall  be  jn-ovided  for  the  inser- 
tion of  other  names. 

Tlie  number  of  iicrsons  to  be  voted  for  for  the  different  Number  to  be 

m  1111  1  1        1      1 1    i  voted  for  to  be 

otiices  shall  be  stated  on  the  l)anot.  stated  on  baiiot. 

A  star  (*)  against  a  name  shall  indicate  that  a  person  Astartoindu 
is  a  candidate  for  re-election.     The  form  of  ballots  and  for^eeifctlon,^ 
the  arrangement  of  ]n'inted  matter  thereon  shall  be  in  gen-  ^**^" 
eral  the  same  as  that  of  the  ofKcial  state  ballots,  except 
as  herein  otherwise  provided. 


580 


Acts,  1898.  — Chap.  548. 


A  cross  con- 
stitutes a  vote, 
etc. 


Delivery  of 
ballotn,  etc.,  at 
polliflg  places. 


Specimen 
ballots  to  be 
posted,  etc. 


Certain  pro- 
visious  of  law 
to  apply. 


Order  of  busi- 
ness. 


Challenging  of 
votes,  etc. 


Section  119.  A  cross  [x]  marked  against  a  name 
.shall  constitute  a  vote  for  the  person  so  designated.  A 
cross  in  the  circle  at  the  head  of  an  entire  group  of  can- 
didates for  delegates  to  a  convention  shall  count  as  a  vote 
for  each  candidate  therein.  A  voter  may  vote  for  one 
or  more  candidates  in  any  such  group  by  marking  a  cross 
against  the  name  of  each  such  candidate,  or  he  may  insert 
another  name  and  mark  a  cross  against  it.  If  he  votes 
for  more  candidates  than  the  number  to  be  elected,  his 
vote  shall  not  be  counted. 

Section  120.  The  city  or  town  clerk,  or  in  Boston 
the  election  commissioners,  before  the  opening  of  the 
polls  on  the  day  of  the  caucus,  shall,  at  the  e.vpense  of 
the  city  or  town,  prepare  and  deliver  at  the  })olling 
place  to  the  warden  or,  if  he  is  not  present,  to  the  clerk, 
or,  if  both  are  absent,  then  to  any  inspector,  ballot 
boxes',  the  l)allots,  s})ecimen  ballots,  voting  lists,  suitable 
blank  forms,  and  aj)paratus  for  canvassing  and  count- 
ing the  ballots  and  making  the  returns,  a  seal  of  suitable 
device,  and  a  record  book  for  each  polling  place.  The 
l)residing  officer  at  each  polling  place  shall,  l)of<)re  the 
opening  of  the  caucus,  conspicuously  post  in  such  })olling 
place  at  least  six  specimen  ballots,  to  Ije  kept  so  posted 
until  the  polls  arc  closed. 

Section  121.  Caucuses,  except  as  herein  otherwise 
provided,  shall  be  held  in  general  accordance  with  the 
[)rovisions  of  law  for  the  conduct  of  elections  and  the 
manner  of  voting  thereat. 

Section  122.  The  order  of  lousiness  shall  be  as  fol- 
lows : 

First.     Any  necessary  preliminary  business. 

Second.  Balloting  until  half  })ast  eight  o'clock  in  the 
evening,  when  the  polls  shall  be  closed  unless  the  caucus 
shall  vote  to  keep  them  o})en  until  a  later  hour ;  but 
every  voter  waiting  in  line  at  the  hour  fixed  for  closing 
the  polls  shall  be  allowed  to  vote. 

Third.     After  the  })olls  are  closed,  any  other  Inisiuess 
properly  before  the  caucus. 

Section  123.  If  the  right  of  a  person  ottering  to 
vote  is  challenged  for  any  legal  cause,  the  presiding 
officer  shall  recjuire  him,  or  some  one  in  his  behalf,  to 
write  his  name  and  residence  on  the  outside  of  the  l)al- 
lot  offered,  and  l)efore  it  is  received  the  presiding  officer 
shall  add  thereto  the  name  of  the  person  challenging  and 


Acts,  1898.  — Chap.  548.  581 

the  cause  alleged  for  the  challenge  ;  })ut  no  caiicu.?  officer 
shall  receive  any  ballot  which  by  law  he  is  required  to 
refuse.  Xo  officer,  or  other  person,  shall  give  any  in- 
formation in  regard  to  a  ballot  cast  l)y  a  challenged  voter 
unless  required  l)y  law  so  to  do. 

Section  124.     Immediately  after  the  polls  are  declared  counting  of 
closed,   but  not  before,  the  ballots   shall  be   counted  in 
full  view  of  the  voters  and  within  three  feet  of  the  rail. 
AVhen  they  have  been  counted  and  the  result  has  been 
ascertained,  the  presiding  officer  shall  make  public  an- 
nouncement thereof  in  open  meeting,  and  the  clerk  shall, 
in  open  meeting,  enter  in  words  at  leng-th  in  the  record 
book  the  total  number  of  names  checked  on  the  voting 
list,  the  total  number  of  Ijallots  cast,  the  names  of  all 
persons  voted  for,  the  number  of  votes  for  each  person, 
and  the  title  of  the  delegation   or  office  for  which  he 
was  a  candidate.     The  clerk  shall  forthwith  make  a  copy  cierktomake 
of  said  record,  certify  and  seal  the  same,  and  transmit  seafup bauots,' 
it  to  the  city  or  town  clerk,  or  in  Boston  to  the  elec-  ^*°' 
tion  commissioners.     He  shall  then,  before  the  adjourn- 
ment of  the  caucus,  and  in  the  presence  of  those  who 
counted  the  same,  seal  up  all  l)allots  cast,  with  the  voting 
lists  used,  and  a  statement  of  any  challenge  which  may 
have  been  made. 

The  warden  and  clerk  shall  endorse  upon  such  package  package  to  be 
the  name  of  the  political    party  holding  the  caucus,   its  transmuted  to 
date,  its  purpose,  and,  if  in  a  city,  for  what  ward  the  bal-  cie^k^VtcT" 
lots  were  cast.     The  warden  shall  forthwith  transmit,  by 
the  officer  detailed  to  attend  the  caucus,  to  the  city  or 
town  clerk,  or  in  Boston  to  the  election  commissioners, 
the  ballots  cast,  the  voting  lists,   the  l)allot  boxes,   the 
ballot  box  seals,  the  counting  apparatus,  the  copy  of  the 
records,  and  the  record  book. 

The  city  or  town  clerk  or  election  commissioners  sealed  packages 
shall  safely  keep  such  sealed  packages  for  ten  days.  If  °  ^  ^P'®^- 
within  said  time  ten  voters  entitled  to  vote  in  said 
caucus  tile  with  them  a  w^ritten  request  so  to  do,  they 
shall  preserve  said  ballots  and  voting  lists  for  three 
months  and  shall  ])i-()du('e  them  if  re(|uired  by  any  court 
or  convention  having  jurisdiction  or  authority  over  the 
same . 

Section  12.').     In  Boston  the  board  of  election  com- in  BoRton  certi- 
missioners,  upon  written  application,   signed   by  at  least  votin^'iiet as 
ten  voters  of  a  ward,  for  a  copy  of  the  list  as  checked,  furnuhed™""  ^'^ 


582 


Acts,  1898.  — Chap.  548. 


Recount  of 
ballots,  etc. 


Caucus  officers, 
election,  etc. 


Certain  persons 
not  eligible,  etc. 


Term  of  office, 
etc. 


may  open  the  envelope  containin<y  the  voting  list  used 
at  any  caucus  in  such  ward  and  shall  furnish  to  them  a 
certilied  copy  thereof  as  checked. 

Section  120.  If  before  live  o'clock  in  the  afternoon 
of  the  second  day  next  succeeding  the  day  of  any  caucus 
ten  or  more  qualified  voters  of  any  town  or  ward  shall 
sign,  adding  thereto  their  respective  residences  on  the 
first  day  of  May  t)f  that  year,  and  file  with  the  city  or 
town  clerk,  or  in  Boston  with  the  election  commissioners, 
a  statement  under  oath  that  the  records  and  returns  made 
by  the  caucus  officers  of  such  town  or  ward  are  erroneous, 
specifying  the  error,  or  that  challenged  votes  were  cast  by 
persons  not  entitled  to  vote  therein,  said  city  or  town 
clerk  shall  forthwith  transmit  such  statement  to  the  regis- 
trars of  voters  with  the  sealed  packages  containing  the 
ballots  and  voting  lists,  and  said  registrars  or  election 
commissioners  shall  give  notice  in  writing  to  the  })erson 
affected,  fixing  a  place  and  time,  as  early  as  may  be,  at 
which  said  ])allots  will  be  recounted  and  at  such  i:)lace 
and  time  shall  open  the  packages  containing  the  ballots 
and  voting  lists  and  recount  said  l)allots  and  determine 
the  questions  raised,  and  shall  reject  any  challenged  vote 
cast  by  a  person  found  not  to  have  been  entitled  to  vote  ; 
and  such  recount  shall  stand  as  the  true  result  of  the  vote 
cast  in  such  caucus.  Each  candidate  affected  may  be 
present  during  such  recount,  or  may  be  represented  l)y  an 
agent  appointed  by  him  in  writing. 

Section  127.  At  the  caucus  held  for  the  choice  of 
delesrates  to  the  state  convention  there  shall  l)e  chosen 
annually  a  warden,  a  clerk,  and  at  least  five  inspectors, 
and,  in  wards  having  more  than  five  i)recincts,  such  ad- 
ditional inspectors  as  the  city  committee  of  the  political 
party  whose  caucuses  are  to  be  held  may  determine. 
They  shall  be  voters  of  the  ward  or  town  in  whicli  they 
are  elected  and  members  of  the  political  party  whose 
caucus  is  to  be  held.  No  person  shall  be  eligible  to  the 
position  of  warden  or  clerk  or  ins})ector  who  is  a  state, 
county  or  city  omployee,  or  who  is  a  member  of  a  ward 
or  town  committee,  and  no  person  shall  serve  as  a  caucus 
officer  at  any  caucus  wherein  he  is  a  candidate  for  an  elec- 
tive office  or  for  a  nomination  to  an  elective  office,  or  can- 
didate for  ward  or  town  committee.  Every  caucus  officer 
shall  hold  office  fur  one  year,  beginning  with  the  first  day 


Acts,  1898.  — Chap.  548.  583 

of  October  sucoeediug  his  election,  aiul  until  his  successor 
is  elected.  He  shall,  before  entering  uj)on  the  perform- 
ance of  his  duties,  be  sworn  to  the  faithful  performance 
thereof  by  the  warden,  clerk,  or  a  justice  of  the  peace, 
and  a  record  of  such  oath  shall  be  made  u})on  the  record 
hook  of  such  caucus. 

The    respective   duties    of  caucus   otficers   shall   l)e   in  Duties. 
general  the  same  as  are  recjuired  of  election  otficers  at 
elections. 

Section  128.  If  prior  to  the  third  day  preceding  a  Additional 
caucus  of  a  political  party  in  the  city  of  Boston  fifty 
voters  entitled  to  ])articipate  therein  petition  the  board 
of  election  commissioners  of  Boston  for  additional  caucus 
otficers,  said  board  shall  provide  additional  officers  for 
said  caucus  in  the  following  manner :  Every  elective 
candidate  and  every  })erson  filing  a  nomination  paper  for 
a  delegation  may  present  to  said  l)oard  the  names  of  not 
exceeding  four  persons.  From  these  names  said  board 
shall,  in  the  presence  of  those  presenting  said  names, 
draw  the  names  of  five  persons  who  shall  l)e  admitted 
behind  the  guard  rail  during  the  caucus,  shall  l)e  author- 
ized to  supervise  the  checking  of  names  and  the  conduct  of 
the  caucus  in  general,  and  may  witness  the  count  at  the 
close  of  the  caucus. 

Section  12'J.  At  a  caucus  a  majority  of  the  caucus  vacancies. 
officers  present  may  fill  temporary  vacancies  and  elect 
additional  officers  to  serve  in  that  caucus  only.  Such 
temporary  officers  shall  be  duly  sworn.  Permanent  va- 
cancies shall  be  filled  by  a  majority  vote  of  all  the  caucus 
officers. 

Section  130.  A  city  or  town  committee  of  a  political  officerft^serv"/ 
party  adopting  the  special  provisions  of  this  act  applying  at  tiiBt  caucus. 
to  caucuses  of  ))()litical  parties  in  Boston  and  certain  cities 
and  towns  shall,  at  least  ten  days  l)ef()re  holding  any 
caucus  thereunder,  appoint  caucus  officers  in  each  ward 
or  town  to  serve  at  the  first  caucus  to  l)e  held  there- 
after. 

Section   131.     In  a  ncwlv  incorporated  citv,  oi'  ui)on  a  luancwiy 

, .     .    .  .     .  1  ,.         '• .        ,  I   •    1     xi  '  •    •  V  incorporated 

re-division  nito  wards  oi  a  city  to  winch  the  })rovisions  ot  city  or  a  re- 
said  sections  apply,  the  caucus  officers  to  serve   in  the  waJd8°.°'°*° 
caucuses  held   in  the  next   succeeding  year  shall  be  a])- 
pointed  by  the  city  committee  :   and  at  such  caucuses  the 
regular  caucus  officers  shall  be  chosen. 


5S4: 


Acts,  1898.  — Chap.  ^^S. 


At  least  twenty 
five  voters  to 
pnrticipate  in 
certain  cau- 
cuses. 


Entitled  to 
nominate,  etc. 


Notice  of 
caucus,  etc. 


First  business, 
etc. 


To  vote  by  bal- 
lot \ipon  writ- 
ten request,  etc, 


5.       CAUCUSES    OTIIEU    THAN    THOSE    OF    POLITICAL 
PARTIES. 

Section  132.  A  caucus  of  the  qualified  voters,  or  of  a 
specified  portion  thereof  in  a  ward  of  a  city,  or  in  a  town, 
may  be  called  and  held  for  the  nomination  of  candidates 
to  be  voted  for  at  any  city  election,  or  at  any  election  of 
town  officers  for  which  official  ballots  arc  used,  or  for  the 
selection  of  delegates  to  a  convention,  or  for  the  ap})oint- 
ment  of  a  committee.  A  like  caucus  in  any  representa- 
tive district  may  l)e  held  for  the  nomination  of  a  candidate 
for  representative  in  the  ireneral  court ;  but  otherwise  no 
nomination  of  a  candidate  to  be  voted  for  in  an  electoral 
district  or  division  containing  more  than  one  town  or  more 
than  one  ward  of  a  city  shall  be  made  by  a  caucus.  The 
proceedings  of  such  caucuses  shall  be  invalid  unless  at 
least  twenty-five  voters  partici})ato  and  vote  therein. 
Except  as  provided  in  this  section,  no  caucus  or  meeting 
other  than  those  of  political  parties  shall  be  entitled  to 
nominate  a  candidate  whose  name  shall  be  placed  on  the 
official  ballot,  or  to  select  delegates  to  a  political  conven- 
tion for  the  nomination  of  a  candidate  Avliose  name  shall 
))e  placed  on  such  ballot. 

Section  133.  The  notice  for  a  caucus  under  the  pre- 
ceding section  shall  l)e  written  or  })rinted,  shall  state  the 
place  where  and  the  day  and  hour  when  the  said  caucus 
is  to  be  held,  shall  be  issued  at  least  seven  days  prior 
thereto,  and  shall  be  conspicuously  posted  in  at  least  five 
places  on  lines  of  public  travel,  and,  if  practical )lc,  in  every 
post  office  within  the  city  or  town,  or  shall  be  published 
at  least  twice  in  one  or  more  local  newspapers.  Said 
notice  shall  be  signed  by  one  or  more  qualified  voters  of 
the  ward,  toAvn  or  district  for  which  the  caucus  is  called, 
and  shall  designate  by  name  or  office  the  person  avIio  shall 
call  such  caucus  to  order,  and  he  shall  preside  until  a 
chairman  is  chosen.  In  his  absence  the  caucus  may 
choose  a  temporary  chairman.  The  first  business  in  order 
shall  be  the  organization  of  the  caucus  by  the  choice  of  a 
chairman,  a  secretary,  and  such  other  officers  as  the  meet- 
ing may  require.  The  caucus  may  adopt  regulations  not 
inconsistent  Avith  this  act. 

Section  134.  Upon  the  written  request  of  ten  or 
more  persons  present  at  a  caucus  and  entitled  to  vote 
therein,  presented  by  motion  or  otherwise  to  the  presid- 


Acts,  1898.  — Chap.  548.  585 

ing  officer  for  the  time  heing  at  any  time  helbre  the  choice 
of  the  officer  to  which  it  relates,  any  candidate,  delegate 
or  member  of  a  political  committee,  and  unless  the  caucus 
votes  otherwise,  the  chairman  of  the  caucus,  shall  be 
elected  l»y  ballot. 

In  balloting,  the  voting  lists  furnished    under  section 
sixty-eight  shall  be  used  as  check  lists. 

Section  185.  The  secretary  of  a  caucus  held  under  Preservation 
the  preceding  three  sections  of  this  a(;t  shall,  at  the  re-  voungustsr 
quest  in  writing  of  ten  voters  entitled  to  vote  in  the  cau- 
cus, preserve  all  ballots  cast  and  voting  lists  used  therein 
for  three  months,  and  shall  produce  the  same  if  required 
by  any  court,  board,  convention  or  other  tribunal  having 
jurisdiction  thereof. 

(i.       XOMIXATTON    OF    CAXDIDATES. 

Section  13().  A  convention  of  delegates,  or  a  caucus,  Nominations 
held  in  accordance  with  this  act,  may  for  the  Common-  conventiou!" 
wealth,  or  for  a  district,  county,  city,  town  or  ward, 
make  one  nomination  for  each  office  to  be  filled  at  an  elec- 
tion therein,  and  shall  l)e  entitled  to  have  the  names  of  its 
candidates  placed  upon  the  official  ballot  upon  filing  a 
certificate  of  nomination  as  hereinafter  j^rovided. 

A  party  may  make  a  nomination  for  an  office  to  be  Nominations  by 
filled  ))y  election  in  the  Connnonwealth,  or  in  any  jj^_  ^'^'^"^  p'^'"*'^'^- 
trict,  county,  city,  town  or  ward,  when  at  the  five  pre- 
ceding annual  elections  it  polled  in  the  Commonwealth, 
or  in  such  district,  county,  city,  town  or  ward  respec- 
tively, a  number  of  votes  for  governor  equal  to  the  votea 
recjuired  to  nominate  by  nomination  papers  a  candidate 
tor  the  office  so  to  be  filled. 

Section  137.     Xo  convention  to  nominate  candidates  caiungof 
for  any  state  or  citv  office  shall  be  called  for  a  date  earlier  •=°"''«''*'°°*- 
than  four  days  after  the  holding  of  the  caucuses  for  the 
choice  of  delegates  thereto. 

Section  138.     At  a  political  convention  not  held  for  Nomination 
the  nomination  of  state  officers  to  be  voted  for  at  large,  "y  roircTn  a^t 
by  vote  of  one  fourth  of  the  delegates  present  the  nomina-  E!"'""''^"" 
tion  of  any  candidate   shall  be  made   by  roll  call   in  the 
following  manner  :  The  secretary  of  the  convention  shall 
call  the  roll  of  the  towns  and  cities  in  alphabetical  order 
or  of  wards  in  a  city  in  numerical  order,  and  each  delegate 
shall,  as  his  name  is  called,  state  in  the  hearing  of  the  con- 


586 


Acts,  1898.  —  Chap.  548. 


Certificate  of 
nomination,  sig- 
nature and  oath 
of  officers. 


To  be  filed  by 
secretary. 


Nomination 
papers,  number 
of  signatures. 


Nomination 
I)apers,  voters 
to  wign  in  per- 
son, residence, 
number  of  nom- 
inations. 


vention  the  name  of  the  candidate  for  whom  he  desires  to 
vote,  and  the  person  receiving  a  majority  of  votes  on  such 
roll  call  shall  l)e  the  candidate  of  the  convention. 

Section  189.  Every  certificate  of  nomination  shall 
state  such  facts  as  are  required  by  section  one  hundred 
and  forty-three  of  this  act,  shall  he  signed  l)v  the  \n'e- 
siding  otlicer  and  l)y  the  secretary  of  the  convention  or 
caucus,  Avho  shall  add  to  their  signatures  their  places  of 
residence,  and  shall  make  oath  to  the  truth  thereof.  The 
secretary  of  the  convention  or  caucus  shall  within  the 
seventy-two  hours  siu-ceeding  five  o'clock  in  the  afternoon 
of  the  day  ii})on  which  the  convention  or  caucus  was  held 
and  within  the  time  specified  in  section  one  hundred  and 
forty-five  of  this  act,  file  such  certificate  as  hereinafter 
provided. 

Section  140.  Nominations  of  candidates  for  any 
offices  to  l)e  filled  l)y  all  the  voters  of  the  Commonwealth 
may  be  made  by  nomination  papers,  stating  the  facts  re- 
quired by  section  one  hundred  and  forty-three  of  this  act, 
and  signed  in  the  aggregate  by  not  less  than  one  thousand 
qualified  voters  for  each  candidate.  Nf)nunations  of  all 
other  candidates  for  offices  to  be  filled  at  a  state  election, 
and  of  all  candidates  for  offices  to  be  filled  at  a  city  elec- 
tion, may  l)e  made  l\v  like  nomination  papers,  signed  in 
the  aggregate  for  each  candidate  ))y  one  (jualified  voter  for 
every  one  hundred  votes  for  governor  cast  at  the  preceding 
annual  state  election  in  the  electoral  district  or  division 
for  which  the  officers  are  to  be  elected,  but  in  no  case  less 
than  fifty.  Nominations  of  candidates  for  offices  to  be 
filled  at  a  town  election  may  be  made  l)y  nomination 
])apers  signed  by  at  least  one  qualified  voter  for  every 
fifty  votes  polled  for  governor  at  the  preceding  annual 
state  election  in  such  town,  but  in  no  case  by  less  than 
twenty  qualified  voters.  At  a  first  election  to  be  held  in 
a  newly  established  ward  of  a  city,  the  mnnl)er  of  voters 
upon  a  nomination  paper  of  a  candidate  who  is  to  be  voted 
for  only  in  such  ward  need  not  exceed  fifty  ;  and  at  a  first 
election  in  a  town  the  number  for  the  nomination  of  a 
candidate  who  is  to  1)e  voted  for  only  in  such  town  need 
not  exceed  twenty. 

Section  141.  Every  voter  signing  a  nomination  paper 
shall  sign  the  same  in  ])erson,  and  shall  add  to  his  signa- 
ture hii  i^Iucc  of  reiidciicc,  with  the  street  and  number 


Acts,  1898.  — Chap.  548.  587 

thereof,  if  any :  but  any  voter  who  is  prevented  ])y  a 
j)hysioal  (lisahility  from  writing  or  who  had  the  right  to 
\()te  on  the  tirst  day  of  May  in  the  year  eighteen  hundred 
and  fifty-seven,  may  authorize  some  })erson  to  write  his 
name  and  residence  in  his  presence  ;  and  every  voter  may 
sign  as  many  nomination  papers  for  each  office  to  l)e 
filled  as  there  are  persons  to  l)e  elected  thereto,  and  no 
more.  Women  ((ualitied  to  vote  may  sign  nomination  women  may 
pai)ers  for  candidates  for  the  school  committee.  Every  Tobe^si^bmitted 
nomination  j^aper  shall,  before  being  filed,  be  seasonably  to^registrars, 
submitted  to  the  registrars  of  the  city  or  town  in  which 
the  signers  ap})ear  to  be  qualified  voters,  and  in  Boston 
to  the  election  commissioners,  who  shall  forthwith  certify 
thereon  the  number  of  signatures  which  are  names  of 
(J ualitied  voters  both  in  the  city  or  town  and  in  the  dis- 
trict or  division  for  which  the  nomination  is  made.  They 
need  not  certify  a  greater  num])er  of  names  than  are 
I'etjuired  to  make  a  nomination,  with  one  fifth  of  such 
number  added  thereto.  Names  not  certified  in  the  first 
instance  shall  not  thereafter  l>e  certified  on  the  same  nom- 
ination jiapers.  The  secretary  of  the  Commonwealth  shall 
not  l)e  re(]uired  in  any  case  to  file  nomination  papers 
for  a  candichite  after  filing  such  papers  containing  a  suffi- 
cient number  of  certified  names  to  make  a  nomination, 
with  one  fifth  of  such  nunil)er  added  thereto.  One  of  the  one  of  the 
signers  to  each  nomination  paper  shall  make  oath  to  the  o5ht"tc.  " 
truth  of  the  statements  therein,  and  the  certification  of 
such  oath  and  the  post  office  address  of  the  signer  shall  ])e 
annexed  to  such  paper. 

Sf:cTiox  142.     A  notary  public,  justice  of  the  peace  Magistrates  to 
or  other  magistrate,  when  taking  the  oath  of  a  signer  of  a  selves^ as  t™ 
nomination  pajjcr,  shall  satisfy  himself  that  the  person  to  8on"*mak/nr'^ 
whom  the  oath  is  administered  is  the  i)erson  signing  such  °**^- 
nomination  pa})er,  and  shall  so  state  in  his  attestation  of 
said  oath. 

Section  143.     All  certificates  of  nomination  and  nom-  contents  of 

,      ,,      .  IT,"  J        ji  l'  1*      certificates  and 

niation  ])a])ers  shall,  in  addition  to  tlie  names  of  canai-  papers, 
dates,  specify  as  to  each  :  (1)  his  residence  with  street 
and  inimbcr  thereof,  if  any  ;  (2)  the  office  fi)r  which  he 
is  nominated;  and  (3),  except  as  hereinafter  provided, 
the  party  or  political  ])rinciple  which  he  represents,  ex- 
pressed in  not  more  than  three  words.  Certificates  of 
nomination  ^hall  also  state  what  })rovision,  if  any,  was 


588  Acts,  1898.  — Chap.  548. 

made  by  the  caucus  or  convention  for  fillino;  vacancies 
caused  by  the  death,  withdrawal  or  ineligil)iKty  of  candi- 
dates. The  names  of  the  candidates  for  president  and 
vice  president  of  tlie  United  States  may  be  added  to  the 
party  or  poUtical  designation  of  the  candidates  for  presi- 
dential electors.  To  the  name  of  each  candidate  for  the 
office  of  alderman  at  large  shall  be  added  the  number  of 
the  ward  in  which  he  resides. 

Designation  jf  ^  candidate  is  nominated  otherwise  than  l)v  a  i-jolit- 

ical  party,  the  name  of  a  political  party  shall  not  l)e  used 
in  his  political  designation,  except  as  describing  and  pre- 
ceding some  other  name  or  term,  wdiich  shall  not  ]:»e  the 
name  of  any  party  which  cast  at  the  last  preceding  elec- 
tion more  than  three  thousand  votes  for  governor ;  and 
if  so  used  in  case  of  a  candidate  nominated  Ijy  a  nomina- 
tion paper  the  political  designation  shall  consist  of  not 
more  than  two  words,  shall  not  be  changed  after  having 
been  placed  upon  the  paper,  and  to  it  shall  be  added  the 
words  "nomination  paper",  or,  as  al)l)reviated,  "  nom. 
paper  ".  Certificates  of  nomination  and  nomination  papers 
for  town  offices  may  or  may  not  include  a  designation  of 
the  party  or  principle  wdiich  the  candidate  represents. 

b^e°fiildfetr*°  Section  144.  Certificates  of  nomination  and  nomina- 
tion papers  for  state  offices  shall  be  filed  Avith  the  secre- 
tary of  the  Commonwealth  ;  and  for  city  and  town  offices 
with  the  city  or  town  clerk ;  and  in  Boston  with  the 
election  commissioners.  Every  nomination  paper  shall 
be  filed  by  a  responsil)le  person,  who  shall  with  his  own 
hand  sign  such  paper  and  add  to  his  signature  his  j)lace 
of  residence,  giving  street  and  number,  if  any  ;  and  the 
secretary  of  the  Commonwealth  or  the  city  or  town  clerk 
shall  require  a  satisfactory  identification  of  such  person. 

4*'med"wuh°     ^^  nomination  paper  shall  be  received  or  be  valid  unless 

nomination        f  i^g  ^i-itteu  acceiitance  of  the  candidate  therel)y  nominated 

paper.  *•  .  ^ 

shall  be  filed  therewith, 
mlng^with^'*'^  Section  145.     Certificates  of  nomination  for  offices  to 

secretary  of  the  ])e  filled  bv  the  votei's  of  tlic  Comiuonwealth  shall  be  filed 

Commonwealth.  •'  .  /.  i     ^  r        i 

on  or  i)etore  the  fifth  3Ionday,  and  nomination  papers  on 
or  before  the  fourth  iSIonday  preceding  the  day  of  the 
election.  For  all  other  state  offices,  certificates  of  nom- 
ination shall  be  filed  on  or  before  the  third  Thursday, 
and  nomination  papers  on  or  before  the  third  Friday 
preceding  the  day  of  the  election  :  l)ut  when  there  is  a 
special  election  to  fill  any  state  office,  certificates  of  iiom- 


Acts,  1898.  — Cmap.  548.  589 

ination  shall  he  filed  on  or  before  the  twelfth  day,  and 
nonihuition  })ai)er.s  on  or  before  the  eleventh  day  preced- 
ing the  day  of  such  election. 

In  cities,  except  Boston,  certificates  of  nomination  for  in  cities,  except 
city  offices  shall  be  filed  on  or  before  the  second  AVednes-  ^°*'°"- 
day;    and    nomination    i)apers   on  or    before    the  second 
Friday  precedinii,-  the  day  of  the  election. 

In    Boston   certificates   of   nomination    for  city   offices  in  Boston. 
shall  be  filed  on  or  l)ef()re  the  third  Friday  ;   and  nomi- 
nation })apers  on  or  before  the  third  Saturday  preceding 
the  day  of  the  election. 

In  toAA'ns  certificates  of  nomination  for  town  offices  Last  days  for 
shall  1)6  filed  on  or  before  the  second  Saturday,  and  ^"°^'"'°''°''- 
nomination  pajiers  on  or  before  the  Monday  })receding 
the  day  of  the  election ;  provided  that ,  whenever  such 
Saturday  falls  on  a  legal  holiday,  said  certificates  of 
nomination  shall  be  filed  on  or  before  the  preceding  day, 
and  wiienever  such  ^Monday  falls  on  a  legal  holiday  said 
nomination  papers  shall  be  filed  on  or  before  the  suc- 
ceeding day  ;  ]>ut  when  a  town  election  is  held  on  a  day 
of  the  week  other  than  ^Monday,  such  certificates  of  nom- 
ination and  nomination  pa})ers  shall  be  filed  respectively 
on  or  before  the  ninth  and  seventh  days  preceding  the 
day  of  the  election. 

Certificates  of  nomination  and  nomination  papers  shall  Last  hour  for 
be  filed  l)efore  five  o'clock  in  the  afternoon  of  the  last 
day  fixed  for  the  filing  thereof. 

Section  14(>.     When   certificates    of   nomination  and  i^'ominatious 

^  ,  valid  unless  ob- 

nomination  papers  have  been  filed,  and  are  in  apparent  jected  to,  etc. 
conformity  with  law,  they  shall  be  valid  unless  objections 
thereto  are  made  in  writing.  Such  oljjections  to  nomina- 
tions of  candidates  for  state  offices  and  city  offices  shall 
])e  filed  with  the  secretary  of  the  Commonwealth  or  the 
city  clerk,  or  in  Boston  the  election  commissioners,  re- 
spectively, within  the  seventy-two  hours  succeeding  five 
o'clock  of  the  last  day  fixed  for  the  filing  of  nomination 
pa})ers  for  such  office.  Such  objections  to  nominations 
of  candidates  for  town  offices  shall  be  filed  with  the  town 
clerk  within  the  twenty-four  hours  succeeding  five  o'clock 
of  the  last  day  fixed  for  the  filing  of  nomination  papers 
for  such  ofiice. 

Section  147.     Objections  to  certificates  of  nomination  consideration 

-  •  •  '        '  ,.  .    J  ,«•  1        11        ii  of  objections. 

and  nomination  papers  for  state  offices,  and  all  other 
queatiuna  relating   thereto,    ahall   be  considered    by   the 


590 


Acts,  1898.  — Chap.  548. 


Witnesses  may 
l)e  summoned, 
etc. 


Notice  to  can- 
didates and 
committees. 


Determination 
when  i^everal 
candidates  have 
same  designa- 
tion. 


Withdrawal 
of  names  of 
candidates . 


domination 
in  case  of  death, 
wiihdxawal,  etc. 


state  ballot  law  commission  hereinafter  jirovidcd  for ;  to 
nominations  for  city  otiices,  except  in  Boston,  by  the 
board  of  registrars,  the  city  clerk  and  the  city  solicitor ; 
in  Boston,  by  the  ballot  law  commission  of  said  city  :  and 
to  nominations  for  town  offices,  l)y  the  board  of  registrars. 

The  boards  constituted  in  cities  and  towns  may,  at 
hearings  on  such  objections  and  questions,  summon  wit- 
nesses, administer  oaths,  and  require  the  production  of 
books  and  papers.  Such  witnesses  shall  be  summoned 
in  the  same  manner,  be  paid  the  same  fees,  and  be  sub- 
ject to  the  same  penalties  for  default,  as  witnesses  before 
the  superior  court.  A  summons  may  be  signed  and  an 
oath  may  be  administered  by  any  member  of  such  board, 
and  the  decision  of  a  majority  of  the  memljers  thereof 
shall  be  tinal. 

AV'lien  such  objection  is  filed,  notice  thereof  shall  be 
forthwith  mailed  by  the  secretary  of  the  Commonwealth, 
or  by  the  city  or  town  clerk,  or  election  commissioners,  re- 
spectively, to  the  candidates  affected  thereby,  addressed 
to  their  residences  as  given  in  the  certificates  of  nomina- 
tion or  nomination  papers,  and  to  any  party  committee 
interested  in  the  nomination  to  which  objection  is  made. 

When  more  candidates  bearing  the  same  political  or 
other  designation  are  nominated  for  an  office  than  are  to 
be  elected  thereto,  such  boards  shall  determine  the  can- 
didates, if  any,  entitled  to  such  designation. 

Section  148.  A  person  nominated  as  a  candidate  for 
any  state  or  city  office  may  withdraw  his  name  from  nom- 
ination by  a  recjue.st  in  writing  signed  l)y  him  and  ac- 
knowledged before  a  justice  of  the  peace,  and  filed  with 
the  officer  with  whom  the  nomination  was  filed  within  the 
seventy-two  hours  succeeding  five  o'clock  of  the  last  day 
fixed  for  the  filing  of  nomination  papers  for  such  office. 
A  person  nominated  for  a  town  office  may  withdraw  his 
name  from  nomination  l)y  a  like  request  filed  with  the 
town  clerk  within  the  twenty-four  hours  succeeding  five 
o'clock  of  the  last  day  fixed  for  the  filing  of  nomination 
papers  for  such  office. 

Section  149.  If  a  candidate  nominated  for  a  state, 
city  or  town  office  dies  before  the  day  of  election,  or 
withdraws  his  name  from  nomination,  or  is  found  in- 
eligihle,  the  vacancy  may  l>o  filled  1)V  the  same  politi- 
cal party  or  jjcrbuns  who  made  the  original  nomination, 


Acts,  1808.  — Chap.  548.  591 

and  in  the  same  manner ;  or,  if  the  time  is  insufficient 
therefor,  the  vaeanev  may  he  tilled,  if  the  nomination 
was  made  by  a  convention  or  caucus,  in  such  manner  as 
the  convention  or  caucus  may  have  prescribed,  or,  if  no 
such  provision  has  jjeen  made,  by  a  regularly  elected  sen- 
eral  or  executive  conmiittee  re})resenting  the  political 
jiarty  or  persons  who  held  such  convention  or  caucus. 
W  a  vacancy  is  caused  by  withdraAval,  certiticates  of 
nomination  made  otherwise  than  in  the  original  manner 
shall  be  tiled  within  seventy-two  hours  succeeding  five 
o'clock  of  the  la.st  day  fixed  for  filing  withdrawals.  They 
shall  be  open  to  objection  in  the  same  manner,  as  far 
as  practical )le,  as  other  certificates  of  nomination.  No 
vacancy  caused  by  withdrawal  shall  be  filled  before  the 
withdrawal  has  been  filed. 

Section  150.     When  a    nomination  is  made  to  fill  a  certificate  in 
vacancy  caused  by  the  death,  wdthdrawal  or  ineligibility  tuTnt^tiu '"""'" 
of  a  candidate,  the  certificate  of  nomination  shall,   in  ad-  ^'^<"*°'=5- 
dition  to  the  other  facts  re<|uired,  state  the  name  of  the 
original  nominee,  the  fact  of  his  death,  withdrawal  or  inel- 
igibility, and  the  proceedings  had  for  tilling  the  vacancy  ; 
and  the  presiding  officer  and  secretary  of  the  convention 
or  caucus,  or  the  chairman  and  secretary  of  an  authorized 
committee,  shall  sign  and  make  oath  to  the  truth  of  the 
certificate,  and  it  shall  l)e  accompanied  by  the  wa-itten  ac- 
ceptance of  the  candidate  nominated. 

Section  151.     Certificates  of  nomination,  nomination  certificates, 
papers,   ol)jections  thereto  and  withdrawals,  when    filed,  sp^'ect^on/prTs'- 
shall,  under  proper  regulations,   be  open   to    public    in- '''■^''''°"' ®^'=- 
spection,  and  the  secretary  of  the  Commonwealth  and  the 
several  city  and  town  clerks,  and  in  Boston  the  board  of 
election  commissioners,   shall  preserve  the  same  in  their 
respective  offices  for  one  year. 

Section  152.  The  secretary  of  the  Commonwealth  J,^^^^i^J;;™g  ^"^'^ 
shall,  upon  application,  provide  blank  forms  for  the  nom- 
ination of  candidates  for  all  state  offices  ;  and  he  shall 
send  l»lank  forms  for  certificates  of  nomination  for  the 
office  of  representative  in  the  general  court  to  the  clerk 
of  each  city  and  town  for  the  use  of  any  caucus  or  conven- 
tion held  therein  for  the  nomination  of  candidates  for 
that  office.  He  shall  likewise  jirovide  the  clerks  of 
towns,  wherein  official  ballots  are  used,  with  blank  forms 
for  the  nominal  ion  of  candidatesj  for  town  offices}. 


592 


Acts,  1898.  — CiiAr.  5^S. 


state  ballot  law 
coiiiiiiinsion, 
apijoiiitinent, 
term,  etc. 


Not  to  hold  cer- 
tain other  public 
ollice,  etc. 


May  summon 
witnesHes,  arl- 
minifiter  oathn, 
etc. 


DeciBion  to  be 
tinal. 


CompenBation. 


7.       STATF.    r.ALLOT    LAW    COMMISSION. 

Section  153.  There  .sh:ill  be  a  state  ballot  law  com- 
mi.ssioii  consisting  of  three  i)ersons,  one  ot"  whom  shall 
annually  in  June  or  July  be  ap})ointed  by  the  <>overnor 
with  the  advice  and  consent  of  the  council,  who  shall  hold 
his  office  for  three  years  from  the  succeeding  first  day 
of  August.  The  governor  with  the  advice  and  consent  of 
the  council  may  remove  any  member  of  the  commission, 
or  fill  any  vacancy  therein  for  the  remainder  of  the  un- 
expired term.  There  shall  always  1)e  on  said  commission 
a  mem))er  of  each  of  the  two  leading  ])olitical  parties. 

Section  154.  No  member  of  said  commission  shall 
hold  any  pul^lic  office  except  that  of  justice  of  the  })eace 
or  notary  public,  or  be  a  candidate  foi"  ])ublic  office,  or 
meml)er  or  employee  of  any  political  committee.  If  any 
member  of  the  commission  shall  1)e  nominated  as  a  can- 
didate for  public  office  and  shall  not  in  Avriting  decline 
said  nomination  within  three  days,  he  shall  be  deemed  to 
have  vacated  his  office  as  a  member  of  said  commission. 

Section  155.  The  state  ballot  law  commission  may 
summon  witnesses,  and  administer  to  them  oaths,  and  may 
require  the  production  of  books  and  papers  at  a  hear- 
ing before  it  upon  any  matter  within  its  jurisdiction. 
^^^itnesses  shall  l)c  summoned  in  the  same  manner,  be  paid 
tlie  same  fees,  and  hv  subjt^ct  to  the  same  ])enalties  as  wit- 
nesses summoned  before  the  general  court.  A  summons 
may  be  signed  and  an  oath  may  be  administered  by  any 
member  of  said  commission. 

Section  15(5.  The  decision  of  a  majority  of  the  mem- 
bers of  the  commission  u])()n  any  matter  within  its  juris- 
diction shall  be  final. 

Section  157.  The  members  of  the  state  ballot  law 
commission  shall  each  l)e  paid  such  compensation  for  their 
services,  not  exceeding  five  hundred  dollars  animally,  as 
the  governor  and  council  may  determine  ;  and  the  total 
expenditures  by  and  on  account  of  said  commission  shall 
not  exceed  the  sum  of  two  thousand  dollars  in  any  one  year. 


Wards,  new 
division  of  citieB 
into. 


Titlk  IY. 

1.       WARDS    AND    VOTING    rilECINCTS. 

Section  158.     A  city  may,  in  the  year  nineteen  hun- 
dred and  Wvc,  and  in  every  tenth  year  thereafter,  before 


Acts,  1898.  — Chap.  548.  593 

the  first  day  of  ^lay,  by  vote  of  its  city  council,  make  a 

new  division  of  its  territory  into  such  nuni])er  of  wards  as 

may  l)e  tixed   by  law.      The   boundaries  of   such    wards 

shall    be  so  arranged   that   the   wards    shall   contain,    as 

nearly  as  can  be  ascertained  and  as    may  be  consistent 

with    well-defined    limits   to  each  ward,    equal    numbers 

of  voters.     The  city  clerk  shall  forthwith  give  notice  in  secretary  of  the 

writing  to  the  secretary  of  the  Commonwealth  of  the  num-  to°bl'^otmed. 

ber  and  designations  of  the  wards  so  established. 

Section  159.     Each  city  shall  be  divided  into  conven- voting  pre. 
lent  voting  precincts,   designated   by  numljers  or  letters,  tion.^e'tc.^'^'^"'* 
and    containing   not   more  than  one  thousand  registered 
male  voters. 

Every  ward  containins:,  accordino;  to  the  reo-istration  of  ^^^'«i°°°^ 

^  "^  ,.~,.  ~,  ,    wards  into  vot- 

voters  at  the  preceding  annual  city  election,  one  thousand  ing  precincts, 
or  less  registered  male  voters,  shall  constitute  a  voting  daries,  etc 
precinct.  If  a  ward  contains,  according  to  such  regis- 
tration, more  than  five  hundred  voters,  the  aldermen  may, 
and  if  it  contains  more  than  one  thousand  voters  shall, 
on  or  before  the  first  Monday  of  July  divide  it  into  two 
or  more  voting  precincts.  If  a  voting  precinct  shall  in 
any  year,  according  to  such  registration,  contain  more 
than  one  thousand  male  voters,  the  aldermen  shall  in  like 
manner  either  divide  such  precinct  into  two  or  more  vot- 
ing precincts  or  shall  make  a  new  division  of  the  ward 
into  voting  precincts,  so  that  no  precinct  shall  contain 
more  than  one  thousand  registered  male  voters.  Such 
precincts  shall  be  so  established  as  to  contain,  as  nearly  as 
may  be,  an  equal  numljer  of  voters,  shall  consist  of  com- 
pact and  contiguous  territory  entirely  within  one  ward, 
and  be  bounded,  so  far  as  possible,  by  the  centre  line  of 
known  streets  or  ways,  or  by  other  well-defined  limits. 

Section   KK).     On  or  before  the  first  Monday  of  July  voting  pre- 
in  the  year  of  a  redivision  of  a  city  into  wards,  the  alder-  new  division  of 
men  shall  divide  such  cit\'  into  voting  precincts,  conform-  '^'"■'^*- 
ably  to  the  provisions  of  the  preceding  section. 

Section  161.     For   all  elections  in  the  year  of  a  re- wards »« ex. 
division  of  a  city  into  wards,  for  a  special  election  held  io Ii'ew^dh7°ion 
prior  to  the  annual  state  election  in  the  next  succeeding  certaln'pur-^"'^ 
year,  and  for  the  assessment  of  taxes,  the  wards  as  existing  po^es. 
previous  to  such  redivision  shall  continue,  and  for  such 
purposes  the  election  officers  shall  l)e  a))pointed  and  hold 
office,    and   voting  lists  shall  be   prepared,  and  all  other 
things  required  by  law  shall  be  done  as  if  no  such  redivi- 
sion had  boon  made. 


594 


Acts,  1898.  — Chap.  548. 


New  division, 
when  to  take 
effect  for  other 
purposes. 
Map  or  descrip- 
tion to  he  pub- 
lished, etc. 


Voting  pre- 
cincts in  towns, 
duty  of  select- 
men. 


Report  to  be 
prcRented  by 
town  clerk  at 
town  meeting, 
etc. 


Changes  may  be 
made  in  voting 
precincts. 


Map  or  deecrlp. 
tion  to  be 
posted,  etc. 


For  all  other  purposes  the  new  division  shall  take 
effect  on  the  first  day  of  May  of  the  year  when  it  is  made. 

Section  162.  When  a  ward  has  been  divided  into  new 
\'oting  precincts,  or  the  voting  precincts  thereof  have  been 
changed,  the  aldermen  shall  forthwith  cause  a  map  or 
description  of  the  division  to  l)e  pul)lished,  in  which  the 
new  precincts  shall  he  designated  ]jy  numbers  or  letters 
and  shall  be  defined  clearly  and,  so  far  as  possil)le,  by 
known  boundaries ;  and  they  shall  cause  such  map  or 
description  to  be  posted  in  at  least  ten  public  places  in 
each  precinct  of  a  ward  so  divided,  and  copies  thereof 
furnished  to  the  registrars  of  voters  and  the  assessors, 
and  to  the  election  officers  of  each  precinct  so  established. 

Section  163.  A  town  may  direct  its  selectmen  to  pre- 
pare a  division  of  the  town  into  convenient  voting  pre- 
cincts. The  selectmen  shall,  so  far  as  possible,  make  the 
centre  line  of  streets  or  ways,  or  other  well-defined  limits, 
the  boundaries  of  the  proposed  precincts,  and  shall  desig- 
nate them  l)y  numbers  or  letters.  They  shall,  within 
sixty  days,  file  a  re])ort  of  their  doings  with  the  town  clerk, 
with  a  map  or  description  of  the  proposed  precincts,  and 
with  a  statement  of  the  number  of  male  voters  registered 
in  each  for  the  preceding  annual  election.  The  report 
shall  be  presented  by  the  town  clerk  at  the  next  succeed- 
ing town  meeting,  but  it  shall  not  be  acted  upon  except 
at  a  meeting  called  for  the  purpose,  and  held  at  least  seven 
days  after  the  report  has  been  filed.  The  division  so 
reported  may  be  amended  at  such  meeting,  and  shall 
take  effect  when  ado])ted.  Elections  of  state  officers  lield 
in  such  town  more  than  sixty  days  after  such  action  shall 
be  held  in  the  precincts  so  established.  If  such  report 
shall  be  rejected  the  town  may  at  any  time  direct  the 
selectmen  to  prepare  a  new  division. 

Section  1(54.  A  town  may  make  any  change  in  its 
voting  precincts  which  the  selectmen  shall  have  recom- 
mended in  a  statement  giving  the  boundaries,  the  desig- 
nations of  the  proposed  ]>recincts  and  the  miml)er  of  male 
voters  in  each,  registered  for  the  })rcceding  annual  state  or 
town  election,  filed  with  the  town  clerk  at  least  seven  days 
before  a  town  meeting  called  for  the  purpose  ;  but  no 
changes  other  than  those  so  proposed  by  the  selectmen 
shall  1)6  made  at  such  meeting. 

Section  IG.t.  When  a  town  has  been  divided  into  vot- 
ing precincts  or  the   voting  precincts  thereof  have  been 


Acts,  1898.  — Chap.  548.  595 

changed,  the  selectmen  shall  post,  in  the  oflSce  of  the  town 
clerk  and  hi  at  least  three  public  })laces  in  each  new  pre- 
cinct, a  map  or  descri[)tion  in  which  the  new  precincts 
shall  be  designated  by  numbers  or  letters,  and  defined 
clearly  and,  so  far  as  possible,  by  known  Ijoundaries  ;  and 
they  shall  also  furnish  copies  thereof  to  the  registrars  of 
voters  and  the  assessors  of  such  town,  and  to  the  election 
officers  of  each  precinct  so  established. 

Section  166.     Any  town  may,  at  a  meeting  called  for  voting pre- 

,1  T  J  '"  '.  J  •  .,  11       ciiicts  may  be 

the  purpose,  discontinue  its  voting  precincts  ;    and  sub-  discontinued, 
se([uent   elections  therein  shall  l)e  held  as  if  no  such  divi-  *^^''" 
sion  had  lieen  made.     But  it  may,  in  any  subsequent  year, 
establish  voting  precincts  as  hereinbefore  provided. 

Section  167.    When  wards  of  a  city  have  been  changed  S?.i'rt^°«^!?v» 
or  Avhen  votino;  precincts  in  a  city  or  town  have    been  taryoftheCom- 

1   I  •    1       T  11  1  •  -1         1  •  monwealth. 

established,  changed  or  discontinued,  the  city  or  town 
clerk  shall  forthwith  give  a  notice  thereof  in  writing  to 
the  secretary  of  the  Commonwealth,  stating  the  number 
and  designation  of  such  wards  or  such  voting  precincts 
and  in  a  city  the  wards  in  which  they  are  situated. 


'1.       ELECTION    OFFICERS. 

Section  168.     The  mayor  of  every  city  shall  annually  Election  offi- 
in  Septemljer,  or  as  soon  thereafter  as  possible,  with  the  appointment*' 
approval  of  the  aldermen,  appoint  as  election  officers  for  ^^°" 
each  voting  precinct,  one  warden,  one  deputy  warden,  one 
clerk,  one  deputy  clerk,  four  inspectors  and  four  deputy 
inspectors,  who  shall  be  qualified  voters  in  the  ward  of 
which  such  precinct  forms  a  part.     He  may,  in  like  man- 
ner, appoint  two  inspectors  and  two  deputy  inspectors  in 
addition.     Every  such  nomination  shall  be  acted  upon  by 
the  aldermen  not  less  than  three  nor  more  than  ten  days 
after  it  has  been  made. 

Section  161).     The  selectmen  of  every  town  divided  ^^/etThrtowlifs 


into  voting  precincts  shall  annually,  between  the  first  appointment, 
and  fifteenth  day  of  Octol)er,  appoint  as  election  officers 
for  each  voting  precinct,  one  warden,  one  deputy  warden, 
one  clerk,  one  deputy  clerk,  two  inspectors  and  two 
deputy  inspectors,  who  shall  be  qualified  voters  of  the 
precinct.  They  may,  in  like  inatmer,  appoint  two  in- 
spectors and  two  deputy  inspectors  in  addition. 

Section   170.      Such  election   officers   shall   l)e  so  a})- Election  offl- 
pointed  as  equally  to  represent  the  two  leading  political  repre8ent"the 


596  Acts,  1898.  — Chap.  548. 

two  leading  po-  partics,  cxcept  that,  without  disturbing  the  equal  repre- 

etc?^  par  les,  ,^gj^|jj^|^JQi^  of  s^jch  pai'ties,  Hot  uiore  than  two  of  such 
election  officers  not  representing  either  of  them  may  be 
appointed.  The  warden  shall  be  of  a  different  political 
party  from  the  clerk,  and  not  more  than  one  half  of  the 
inspectors  shall  be  of  the  same  i)olitical  party.  In  each 
case  the  principal  officer  and  his  deputy  shall  be  of  the 

Term  of  office,  .same  political  party.  Every  election  officer  shall  hold 
office  for  the  term  of  one  year,  l)eginning  with  the  first  day 
of  November  succeeding  his  appointment,  and  until  his  suc- 
cessor is  appointed  and  qualified,  or  until  his  removal. 

moved^"^^  ^1^  election  officer  may  he  removed  by  the  mayor  with 

the  approval  of  the  aldermen,  or  by  the  selectmen  after 
a  hearing,  upon  written  charges  of  incompetence  or  official 
misconduct,  i)referred  by  the  city  or  town  clerk  or  by  not 
less  than  six  (jualifiecl  voters  of  the  ward,  or,  in  a  town, 
of  the  voting  precinct  in  which  the  officer  is  appointed 
to  act. 

Removal  of  eiec-       Section  171.     In  Bostou,  the  clectiou  commissioners 

tion  omcerH  m  '         , 

uoetononthe     may  upou  the  day  of  any  election  therein  forthwith  re- 

tion.  move  any  election  officer  found  to  be  incompetent  or  so 

conducting  liimself  as  to  i^rejudice  the  public  interest,  and 

ai^point  some  other  person  of  the  same  political  party 

in  his  place  ;   and  the  officer  so  removed  shall  receive  no 

compensation  for    services    rendered   on    such   day,    and 

shall  be  disqualified  for  appointment  as  an  election  officer 

for  one  year  thereafter. 

cie.s'hft°he''numl       Section  172.     If  a  vacaucy  in  the  number  of  the  elec- 

berofeiecuon    tlou  officcrs  occurs  l)efbre  the  first  dav  of  Xovemher  in 

omcerB.  ... 

any  year,  or,  m  a  city,  after  the  annual  state  election  and 
one  week  at  least  before  the  annual  city  election,  or  if 
an  election  officer  declines  his  a})pointment  and  gives  no- 
tice thereof  to  the  city  or  town  clerk  before  the  fii-st  day 
of  X()veml)er,  or,  if  at  a  s])ecial  election  the  office  of  an 
election  officer  is  vacant,  the  inaj'or,  with  the  approval  of 
the  aldermen,  or  the  selectmen,  shall  fill  the  vacancy,  and 
the  a])pointment  shall  l)e  so  made  as  to  preserve  tlie  equal 
representation  of  the  two  leading  political  parties. 
engiMe''toact°a8  Section  178.  Xo  jjcrsou  shall  at  a  state,  city  or  town 
election  officers,  elcctiou  bc  eligible  or  act  as  an  election  officer  in  a  vot- 
ing precinct  in  which  he  is  a  candidate  for  election,  and 
if  a  person  a})pointed  an  election  officer  becomes  such 
a  candidate,  and  does  not  forthwith  resign  his  office,  the 
mayor  or  selectmen  shall,   if  he  is  a  candidate  at  a  state 


Acts,  1898.  — Chap.  548.  597 


election,  remove  him  from  office  before  the  first  day  of 
November,  or,  if  he  is  a  candidate  at  a  city  election, 
the  mayor  shall  so  remove  him  at  least  eight  days  before 
the  day  of  the  election,  or  if  he  is  a  candidate  at  a  town 
election,  the  selectmen  shall  remove  him  before  the  elec- 
tion. 

Section  174.  If  a  warden,  clerk  or  inspector  is  ab-  Deputy  to  act 
sent  at  the  opening  of  the  polls  or  subsequently  on  the  p^^cipai,  etc. 
day  of  election,  or  if  the  office  is  vacant,  the  deputy  of 
such  officer  shall  act  for  that  election  in  his  })lace.  If 
the  warden  and  de])uty  warden,  clerk  and  deputy  clerk, 
oi"  an  inspector  and  his  de})uty,  shall  l)e  absent,  the 
voters  of  the  precinct  on  nomination  and  by  hand  vote 
shall  fill  the  vacancy  and  the  officer  so  elected  shall  act 
during  the  remainder  of  the  election  ;  Ijut  otherwise  no 
deputy  officer  shall  act  in  an  official  capacity  or  be  ad- 
mitted to  the  space  reserved  for  election  officers  while 
the  polls  are  open  or  during  the  counting  of  the  votes. 

Section  175.     At  state  elections  in  cities  and  in  towns  Baiiot  clerks  of 
divided  into  voting  precincts,  and  in  city  elections,  the  taurdut^e'^.'' 
presiding  election  officer  of  each  voting  place  or  precinct 
shall  detail   two  inspectors  of  dififerent  political  parties, 
to  act  as  ballot  clerks,  who  shall  have  charge  of  the  bal- 
lots and  shall  furnish  them  to  voters. 

Section  176.     The    selectmen   in   towns    not  divided  ^e^ln'tow^' 
into  voting  precincts  shall,  at  meetings  for  the  election  ^ot  dmded,  etc. 
of  state  officers,  have  the  powers  of  wardens  in  cities  or 
moderators  in  towns,  and  shall  act  by  their  chairman  or 
senior  member  present,  who  shall  be  regarded  as  the  pre- 
siding election  officer. 

Section   177.     At  state  elections  in  towns  not  divided  BaUot cierks m 

certain  towns, 

mto  votino-  nrecincts,  and  at  town  elections  in  towns  in  appointment, 
which  official  ballots  are  used,  the  selectmen  shall,  before 
the  opening  of  the  polls,  appoint  two  qualified  voters 
as  ])alIot  clerks,  who  shall  have  charge  of  the  ballots  and 
shall  furnish  them  to  voters.  The  selectmen  or  the 
moderator  presiding  at  such  election  may  sul)sequently 
appoint  additional  ballot  clerks,  not  exceeding  one  for 
every  four  hundred  registered  voters  and  majority  fraction 
thereof,  and  nla^-  likewise  fill  anv  vacancv  after  the  open- 
ing of  the  polls."  Such  ballot  clei-ks  shall  l)e  so  appointed  ^^eSoL!'"^"'*" 
as  to  represent  the  two  leading  ))olitical  parties  as  equally 
as  may  be,  except  that  such  additional  ballot  clerks  may 
be  appointed  from  voters  not  representing  either  of  them. 


598 


Acts,  1898.  — Chap.  548. 


Oath  of  office  of 
election  officers. 


Tellers,  ap- 
pointment, 
duties,  etc. 


Political  repre- 
BentatioD. 


Election  offi- 
ce i-s,  compensa- 
tion. 


City  or  town 
clerk  pro  tem- 
pore. 


Supervisors  of 
elections,  up- 
pointment, 
political  repre- 
sentation. 


Section  178.  Every  election  officer  before  entering 
upon  the  })erfbrmauce  of  his  official  duties  shall  he  sworn 
before  tlie  city  or  town  clerk,  a  justice  of  the  peace,  or 
the  presiding-  officer  or  clerk  at  the  polls,  and  a  record 
thereof  shall  be  made.  In  Boston  the  oath,  except  in 
case  of  vacancies  tilled  at  the  polls,  shall  be  taken  before 
an  election  commissioner  and  record  thereof  made. 

Section  179..  Selectmen  of  towns  not  divided  into 
voting  precincts  shall,  at  least  five  days  before  a  state 
or  town  election,  appoint  voters  as  tellers,  to  assist  at  the 
ballot  box  and  in  checking  the  names  of  voters  upon  the 
voting  lists,  and  in  canvassing  and  counting  the  votes. 
Presiding  officers  in  such  towns,  at  state  and  town  elec- 
tions, may  appoint  voters  as  additional  tellers,  and  they 
shall  do  so  when  requested  in  writing  by  ten  voters  of  the 
town.  Tellers  ap])ointed  at  elections  at  which  official  bal- 
lots are  used  shall  be  so  appointed  that  the  election  officers 
making  and  assisting  in  the  canvass  and  count  of  votes 
shall  equally  represent  the  two  leading  political  parties. 

Section  LSO.  Election  officers  shall  receive  such 
compensation  for  each  days  actual  service  as  the  city 
council  or  the  selectmen  respectively  may  determine,  but 
no  deputy  officer  shall  receive  compensation,  except  for 
attendance  at  the  o])ening  of  the  polls  or  for  services  in 
place  of  an  absent  officer. 

Section  181.  If  the  office  of  city  clerk  shall  be  vacant, 
or  if  a  city  clerk  shall  be  unable  to  perform  the  duties  re- 
quired by  this  act,  the  mayor  shall  appoint  a  clerk  pro 
tempore  to  perforin  the  duties  required  hereunder.  If  the 
office  of  town  clerk  shall  be  vacant,  or  a  town  clerk  shall 
be  unable  to  })ei*form  the  duties  required  hereunder,  the 
selectmen  shall  in  writing  under  their  hands  appoint  a 
clerk  pro  tempore.  Such  clerk  pro  tempore  shall  be 
sworn  to  the  faithful  discharge  of  his  duties. 

Section  1'S2.  The  governor,  with  the  advice  and  con- 
sent of  the  council,  shall,  upon  the  petition  in  writing 
of  ten  qualified  voters  of  a  ward  or  of  a  town,  presented 
to  him  at  least  twenty-one  days  l^efore  a  state  or  city 
election  therein,  appoint  for  such  ward  or  town  or  for 
each  of  such  voting  precincts  as  may  be  named  in  the 
petition,  two  voters  of  the  city  or  town,  who  shall  not  be 
signers  of  the  jietition  or  members  of  any  political  com- 
mittee or  candidates  for  any  office,  to  act  as  su])ervisors 
at  such  election.     One  super\is()r  shall  be  appointed  from 


Acts,  1898.  — Ch.vp.  548.  599 

each  of  the  two  leading  political  parties.  They  shall  be  Tobeswom, 
sworn  to  the  faithful  })erformance  of  their  duties  by  the  duties* w"mpen. 
city  or  town  clerk  or  by  a  justice  of  the  peace.  The  su-  ®^*'°°" 
pervisors  shall  attend  the  })olling  })Iaces'  for  which  they 
are  appointed,  may  challenge  persons  oftering  to  vote, 
and  shall  witness  the  conduct  of  the  election  and  the 
counting  of  votes,  but  they  shall  not  make  any  state- 
ment tending  to  reveal  the  state  of  the  polls  before  the 
pul)lic  declaration  of  the  vote;  and  they  shall  remain 
where  the  ballot  boxes  are  kept  after  the  polls  are  open 
and  until  the  ballots  are  sealed  for  transmission  to  the 
officers  entitled  to  receive  them.  Each  supervisor  may 
affix  his  signature,  for  the  purpose  of  identification,  to 
the  copy  of  the  record  of  votes  cast,  or  attach  thereto  any 
statement  touching  the  truth  or  fairness  or  conduct  of  the 
election.  Supervisors  shall  receive  such  compensation  for 
each  day's  actual  service  as  the  city  council  or  the  select- 
men mav  determine. 


o.       VOTING    PLACES. 

Section  183.  The  aldermen  in  cities  and  the  select-  Pomng places, 
men  of  every  town  divided  into  voting  precincts  shall,  preparation', etc. 
thirty  days  at  least  before  the  annual  state  or  city  elec- 
tion and  ten  days  at  least  before  any  special  election 
of  a  state  or  city  officer  therein,  designate  the  polling 
place  for  each  voting  precinct  and  shall  cause  it  to  be 
suitably  fitted  up  and  prepared  therefor.     It  shall  be  in  To  be  conven- 

,,'.  -,      -,  T  •       J  J  '  ^ji  -J.      iently  situated, 

a  pui)lic,  orderly  and  convenient  portion  ot  the  precinct ;  etc. 
but   when    no   such  polling  place  can  l)e  had  within  the 
precinct,  they  may  designate  a  polling  ])lace  in  an  ad- 
joining precinct.     No  building  or  })ortion  of  a  building  certain  buiid- 
shall  be  designated,  or  used  as  a  ])olling  place,  in  which  u"ed.°" 
intoxicating  liquor  has  been  sold  within  the  thirty  days 
preceding   the  day  of  the   election.       When  the  polling  Notice  to  be 
places  have    been  designated,  the  aldermen  shall,   in  at^"*^°'^*'' 
least  ten  ])ublic  places  in  each  precinct  of  the  city,  and 
the    selectmen,    in   at    least  three  public  places   in  each 
])recinct  of  the  town,  forthwith  jiost  a  jirinted  descrip- 
tion of  the  ])olling  places  designated,  and  may  give  fur- 
ther notice  thereof. 

Section  1<s4.     The  board  of  aldermen  and  the  select-  Marking  shelves 

I      ii  1  ,,.  I  •        aI      •  i-'  and  guard  ruiU 

men    sliall    cause    each   ])olniig  ])lace  in  their  respective  to  be  provided, 
cities   and  towns  to   be  provided  with  a  sufficient  nuiii-  '^^'^' 


600 


Acts,  1898.  — Chap.  548. 


STipplies,  etc., 
for  marking 
ballots. 


ber  of  suitable  marking  shelves  or  compartments,  where 
voters  may  conveniently  and  secretly  mark  their  ballots ; 
and  they  shall  cause  a  guard  rail  to  be  so  place<l  that  only 
persons  who  are  inside  thereof  can  approach  within  six 
feet  of  the  ballot  boxes  or  of  the  marking  shelves  or  com- 
partments. The  ballot  l)Oxes  and  the  marking  shelves  or 
compai-tments  shall  be  in  open  view  of  persons  in  the 
polling  place  outside  the  guard  rail.  The  numl)er  of 
marking  shelves  or  com})artments  shall  be  not  less  than 
one  for  every  seventy-live  registered  voters  at  such  poll- 
ing place,  and  not  less  than  five  in  any  voting  precinct 
of  a  city,  and  not  less  than  three  in  any  town  or  voting 
precinct  thereof.  Each  marking  shelf  or  compartment 
shall  at  all  times  be  provided  with  proper  su})plie8  and 
conveniences  for  marking  the  ballots. 


State  ballot 
boxes. 


4.       ELECTION    APPARATUS    AXD    BLANKS. 

Section  185.  The  secretary  of  the  Commonwealth 
shall,  at  the  expense  of  the  Commonwealth,  provide  every 
city  and  town  with  a  state  ballot  box  for  use  at  eveiy 
polling  place  therein.  Such  l)allot  Ijoxes  shall  l)e  ap- 
proved l)y  the  secretary,  the  treasurer  and  receiver  gen- 
eral, and  the  auditor  of  accounts,  or  by  a  majority  of 
them,  shall  have  sufficient  locks  and  keys  or  seal  fasten- 
ings, and  shall  contain  mechanical  devices  for  receiv- 
ine:,  reffisterinsr  and  cancelliuir  everv  ballot  deposited 
therein  ;  l)ut  no  such  l)ox  shall  record  any  distinguish- 
ing number  or  mark  upon  a  ballot.  The}^  shall  l)e  })ur- 
chased  by  the  secretary  at  a  price  not  exceeding  fifty 
dollars  each.  He  shall  likewise  provide  every  city  and 
town  with  suitaljle  blank  forms  and  apj^aratus,  approved 
as  aforesaid,  for  use  at  each  polling  place  by  the  elec- 
tion officers  in  the  canvass  and  count  of  votes. 
eilveUfpeelor  Section  186.     The    Secretary   of  the    Commonwealth 

returus  of  votes,  shall  provide  every  city  and  town  with  suital)le  blank 
forms  and  envelopes  for  all  certificates,  copies  of  records 
and  returns  required  to  be  made  to  his  office,  with  such 
printed  directions  thereon  as  he  may  deem  necessary  ;  and 
such  other  blank  forms  and  suggestions  and  instructions 
as  will  assist  the  election  officers  in  the  ])erforniance  of 
their  duties.  The  clerk  of  the  courts  of  the  several  coun- 
ties shall  in  like  manner  provide  cities  and  towns  with 


Blanks  and 
apparatus  for 
canvass  of 
votes. 


Acts,  1898.  — Chap.  548.  601 

suitable  blank  forms  and  envelopes  for  all  certificates, 
copies  of  records  and  returns  required  to  be  made  to  the 
county  counnissioners  and  boards  of  examiners. 

Sb:cTioN   187.     The    clerk  of  each    city  or  town  shall  Baiiot  boxes 

•  1.1  .  ,  /•        ,1  ,.1  .  /.,,,,        and  apparatus, 

provide  therein  a  i)lace  tor  the  sate  keeping-  of  the  ballot  care, repair, etc. 
boxes  and  counting  a})paratus  furnished  b}-^  the  Common- 
wealth, shall  have  the  care  and  custody  thereof,  and  shall 
see  that  they  are  kept  in  good  order  and  repair.  The 
custody,  care  and  repair  of  all  such  ballot  boxes  and  ap- 
l^aratus  shall  be  at  the  expense  of  the  city  or  town,  but 
shall  be  subject  to  the  supervision  and  control  of  the  sec- 
retary of  the  Commonwealth,  who  may,  at  the  expense 
of  the  Commonwealth,  subject  to  approval  as  aforesaid, 
cause  necessary  improvements  to  be  made  in  any  of  such 
l)allot  boxes  or  apparatus. 

Section  188.     When  a  state  ballot  box  becomes  de- Defective  baiiot 
fective  or  is  lost  or  destroyed,  the  secretary  of  the  Com-  repitceT^^^ 
monwealth  shall,  upon  application  by  the  clerk   of  the  city 
or  town  in  which  such  box  is  used,  provide  another  bal- 
lot box  at  the  expense  of  such  city  or  town. 

Sectiox  189.     When  state  ballot  boxes  are  approved  Persons  of 
and  purchased,  the  persons  of  whom  such  ballot  boxes  are  purchased  to' 
purchased  shall  give  to  the  secretary  of  the  Commonwealth  ^'^^  °°  ' '"'' 
a  bond,  with  good  and  sufficient  sureties,  to  keep  such  boxes 
in  good  working  order  for  two  years,  at  their  own  expense. 

Section  1 90.  The  clerk  of  every  city  and  of  every  town  Precinct  seal, 
divided  into  voting  precincts  shall  furnish  to  the  clerk  of  etc!'*^"**"  ^' 
each  voting  precinct  a  seal  of  suitable  device,  with  a  desig- 
nation thereon  of  such  precinct ;  and  such  seal  shall  l)e  used 
in  sealing  all  envelopes  required  by  law  to  l)e  used  at  the 
elections.  The  clerk  of  the  precinct  shall  retain  the  cus- 
tody of  the  seal,  and  shall,  at  the  end  of  his  term  of  office, 
deliver  the  same,  with  the  records  of  the  precinct  and  other 
official  documents  in  his  custody,  to  the  city  or  town 
clerk. 

Section  191.     Every  city  and  town  clerk  shall  send  to  Baiiot  bos, 
the  election  officers  at  each  polling  ])lace,  before  the  open-  to  be  sent  to    ' 
ing  of  the  polls  on  the  day  of  an  election  or  meeting  at  p°"i°s  !'''»«=«• 
which  the  same  are  recjuired  to  be   used,  the  ballot  l)()x, 
l)lank  forms,  and  counting  and  other  ap])aratus  ;  and  shall 
send  therewith  such  ballot  boxes,  ballot  box  seals,  blank 
forms  and  ai)])aratus  as  may  l)e  required  Ijy  the  board  of 
aldermen  or  by  the  selectmen. 


602 


Acts,  1898.  — Chap.  548. 


IJallots,  prepa- 
ration and  fur- 
nishing. 


Not  to  be 
printed  in 
certain  estab- 
lishmenta. 

General  ballots. 


Residence  to  be 
added  to  name 
of  candidate. 


Political  desig- 
nation, etc. 


Candidates  with 
same  desig- 
nation. 


Designation  of 
certain  candi- 
dates nominated 
by  nomination 
papers. 


Arrangement 
of  names. 


r>.       PREPAIiATIOX    AND    FORM    OF    BALLOTS. 

Section  192.  All  ballots  for  use  in  elections  of  state 
officers  shall  be  prepared  and  furnished  by  the  secretary 
of  the  Commonwealth  ;  all  ballots  for  use  in  elections  of 
city  officers  ])y  the  city  clerk ;  and  all  l)allots  for  use  in 
elections  of  town  officers,  in  a  town  which  has  voted  to 
use  official  ballots,  by  the  town  clerk. 

No  ballots  as  herein  provided  shall  be  printed  in  any 
printing  establishment  o\vaied  or  managed  by  the  city  of 
Boston . 

Section  193.  General  ballots,  for  the  use  of  male 
voters  in  a  voting  precinct  or  town,  shall  contain  the 
names  of  all  candidates  dul}^  nominated  for  election 
therein,  and  such  ballots  shall,  except  as  provided  in 
section  one  hundred  and  ninety-five  of  this  act,  contain 
the  name  of  no  other  person. 

To  the  name  of  each  candidate  for  a  state  office  shall  be 
added  the  name  of  the  city  or  town  in  which  the  candi- 
date resides.  To  the  name  of  each  candidate  for  a  city 
office  shall  be  added  the  name  of  the  street  on  which  he 
resides,  with  his  street  number,  if  any ;  and  to  the  name 
of  each  candidate  for  the  office  of  alderman-at-large  shall 
also  ])G  added  the  number  of  the  ward  in  which  he  re- 
sides. 

To  the  name  of  each  candidate  for  a  state  or  city 
office  shall  be  added  his  party  or  political  designation, 
expressed  in  accordance  with  section  one  hundred  and 
fortA^-three  of  this  act.  To  the  name  of  each  candidate 
for  a  town  office  upon  an  official  Ixillot  shall  be  added 
the  designation  of  the  party  or  princi})le  which  he  repre- 
sents, contained  in  the  certificate  of  nomination  or  nomi- 
nation papers.  No  greater  nunil)er  of  candidates  for  any 
office,  bearing  the  same  political  designation,  shall  l)e 
placed  upon  the  official  ballot  than  are  to  be  elected. 

If  the  name  of  a  political  party  is  used  in  connection 
with  some  other  name  or  term  as  the  designation  of  a 
candidate  nominated  for  a  state  or  city  office  by  a  nomi- 
nation pajjer,  the  words  "  nomination  pa})er  ",  or  ''  nom. 
paper  ",  shall  be  added  to  such  y)olitical  designation. 

Section  194.  The  names  of  candidates  for  every  state, 
city  and  town  office,  except  the  names  of  candidates  for 
]:)residential  electors,  shall  be  arranged  under  the  desig- 
nation of  the  office,    in  alphal)etieal   order  according  to 


Acts,  1898.  — Chap.  518.  603 

the  surnames  ;   ))ut  the  names  of  candidates  for  the  same 
oftiee   ])iit  for  different  terms  of  service  therein  shall  be 
arranged  in  groui)s  according-  to  the  leng-th  of  their  re- 
spective terms.     Blank  spaces  shall  l)e  left  at  the  end  of  Blank  spaces  to 
the  list  of  candidates  for  each  ditterent  office,   equal  to 
the  number  to  be  elected  thereto,  in  which  the  voter  may 
insert  the  name  of  any  i)erson  not  printed  on  the  ballot 
for  whom  he  desires  to  vote  for  such  office.     When  the  Qv«'*tion8  sub- 
approval    of  a   constitutional    amendment    or   any    other  ™'*  ^  *° ^°*^"' 
question  is  submitted  to  the  voters,  it  shall  be  printed  on 
the  I)all()t  after  the  names  of  the  candidates. 

Special  l)all()ts  containing  only  the  names  of  candidates  special  baiiots. 
for  school  committee  shall  also  l^e  prepared  in  like  man- 
ner and  printed  for  the  use  of  women  qualitied  Ijy  law  to 
vote  for  school  committee. 

Ballots  shall  l)e  so  printed  as  to  give  to  each  voter  an  Squares  and 
opportunity  to  designate  by  a  cross  [  X  ] ,  or  by  the  stamp  making."  "^ 
provided  for  that  purpose,  in  a  square  at  the  right  of  the 
name  and  designation  of  each  candidate,  and  at  the  right 
of  each  question,  his  choice  of  candidates  and  his  answer 
to  such  question ;  and  upon  the  ballots  may  be  printed 
such  directions  as  will  aid  the  voter  :  for  example,  "  vote 
for  one",  "vote  for  two",  "yes",  "no",  and  the  like. 
On  the  back  and  outside  of  each  ballot  when  folded  shall  officiaien- 
l)e  })rinted  the  words,  "  Official  Ballot  for",  followed  by 
the  designation  of  the  voting  precinct  or  town  for  which 
the  ballot  is  prepared,  the  date  of  election,  and  a  fac- 
simile of  the  signature  of  the  secretary  of  the  Common- 
wealth, or  city  or  town  clerk  who  has  caused  the  ballot  to 
be  prepared.  Special  l>allots  shall  have  the  additional 
endorsement,  "  For  School  Committee  only." 

Sectiox  105.     The  names  of  candidates  for  presiden-  Pivsidentiai 
tial  electors  shall   l)e   arranged  in   groups,    as   presented  rangementof 
in   the   several   certiticatcs  of  nomination  or  nomination  datesTetcf'""^^' 
papers  ;  and  the  groups  shall  be  arranged  in  the  al})habet- 
ical  order  of  the  surnames  of  the  candidates  for  president, 
and  the  names  of  the  candidates  in  each  grouj)  shall  be 
])rinted  upon  the  ballots  in  two  colunms  of  equal  width. 
If  candidates  are  nominated  at  large  and  for  the  several 
congressional  districts,  the  name  and  place  of  residence 
of  one  of  the  candidates  at  large  shall  l)e  put  at  the  head 
of  each   column,  and   the   names   of  the   other  candidates 
with  their  ))laces  of  residence  and  the  numbers  of  their 
conirressional  districts  shall  follow  in  the  numerical  order 


604  Acts,  1898.  — Chap.  548. 

of  the  districts.  The  surnames  of  the  candidates  of  each 
political  party  for  the  t)tiices  of  president  and  vice  presi- 
dent, with  the  political  designation  thereof  at  the  rii^ht  of 
the  surnames,  shall  be  placed  in  one  line  above  the  grou}) 
of  candidates  of  such  party  for  electors.  A  sufficient 
square  in  which  each  voter  may  designate  by  a  cross 
[X],  or  l)y  a  stamp  provided  for  that  purpose,  his  choice 
for  electors  shall  be  left  at  the  right  of  each  })olitical  des- 
ignation ;  and  no  other  space  or  margin  shall  l)e  left  in 
any  such  group  of  candidates. 
^•^"°J^-P=*P«'''        Section  liXi.     The  official  ballots  shall,  excei)t  as  other- 

Size,  lorm,  '  i 

type,  etc.  wisc  Specially  provided  herein,  be  of  ordinary  white  print- 

ing paper,  of  two  or  more  pages,  and  shall,  })efore  distri- 
bution, be  so  folded  as  to  measure  not  less  than  four  and 
one  half  inches  nor  more  than  live  inches  in  width,  and 
not  less  than  six  inches  nor  more  than  thirteen  and  one 
half  inches  in  length.  The  names  of  all  candidates  shall 
be  printed  in  black  ink  in  lines  at  a  right  angle  wnth  the 
length  of  the  ballot.  The  names  of  all  candidates,  other 
than  candidates  for  presidential  electors  and  for  jiresident 
and  vice  president,  and  the  initial  letters  of  all  names  of 
candidates  for  presidential  electors,  shall  l)e  in  capital  let- 
ters not  less  than  one  eighth  of  an  inch  nor  more  than  one 
quarter  of  an  inch  in  heiglit.  The  surnames  and  ])olitical 
designations  of  the  candidates  for  president  and  vice 
president  shall  be  in  capital  letters  not  less  than  three 
sixteenths  of  an  inch  in  height. 
fj'be  pHnted^on  ^^^  Special  l)allots  shall  be  printed  on  colored  paper, 
colored  paper,  of  a  different  color  from  that  of  specimen  ballots. 
rml'city elect  Sectiox  197.     Two  scts    of  l)allots,  each  of  not  less 

tione,  number  to  than  sixtv  ballots  for  every  fifty  and  fraction  of  tiftv  res;- 

DC  provicled  *'  •.'«.'  t  r^ 

istered  male  voters,  shall  be  provided  for  each  polling  ])lace 
at  which  an  election  for  state  or  city  officers  is  to  l)e  held, 
and  two  sets  of  special  ballots,  each  of  not  less  than  sixty 
ballots  for  every  fifty  and  fraction  of  fifty  women  regis- 
tered to  vote  for  school  committee. 
Town  elections,       When  ballots  are  prepared  by  the  town  clerk,  one  set 

numbertobe  .  c  i  i  • 

provided.  ()t  general  l)allots  of  not  less  than  sixty  ballots  for  every 

fifty  and  fraction  of  fifty  registered  male  voters  shall  be 
provided,  and  one  set  of  special  ballots  of  not  less  than 
sixty  ballots  for  every  fifty  and  fraction  of  fifty  women 
registered  to  vote  for  school  committee. 

Partial  ballots,         Sufficient  partial  l)allots  in  state  elections  shall  l)e  pre- 

tor  use  in  cer-  i     /.  •   i      i  .•  - 

taincaBeB.  pai'cd  for  votcrs  who  may  be  entitled  to  vote   tor  a  })art 


Acts,  1898.  — Chap.  548.  605 

only  of  the  officer.s  to  be  voted  for  in  a  city  or  town.  A 
statement  shall  be  printed  on  the  back  of  such  ballots,  in 
addition  to  the  othcial  endorsement,  indicatinji^  the  class 
of  voters  for  Avhose  use  the  l)allots  are  furnished,  and 
such  ballots  only  shall  be  furnished  to  such  voters. 

Skction  198.     Ballots,  in  convenient  numbers,  shall  be  Ballots  to  be 
arranged  in  packages.     A  record  of  the  number  of  ballots  packagljB.'etc. 
])rinted  and  delivered  to  eai-h  })olling  })lace  shall  be  kept 
by  the  secretary  of  the  Commonwealth,  or  the  city  or  town 
clerk,  for  one  year. 

Section  199,     If  a  vacancy  occurs   or  is  declared  in  Printing  of 
the  list  of  nominations   the   name  of  the  candidate  nomi-  vacancy  occurs, 
nated  to  till  such  vacancy  shall,  if  the  l)allots  have  not 
lieen  printed,  be  placed  on  them,  or,  if  the  ballots  have 
l)een  jirinted,  ballots  containing  the  new  nomination  shall, 
Avhen  practicable,  be  substituted. 

6.       INFORMATION    TO    VOTERS. 

Section  200.     The  secretary  of  the  Commonwealth  in  cards  of  in. 
state   elections,  city  clerks   in  city  elections,  and    town  ' 

clerks  in  town  elections  at  which  official  ballots  are  used, 
shall,  for  every  such  election,  prepare  and  cause  to  be 
printed  in  large  clear  type  cards  containing  full  instruc- 
tions to  A'oters  for  obtaining  ballots,  marking  them,  ob- 
taining assistance  and  new  liallots  in  place  of  those 
accidentally  spoiled  ;  and  on  separate  cards  such  abstracts 
of  the  laws  imposing  penalties  upon  voters  as  they  shall 
deem  proper.  They  shall  also  provide  for  each  polling  specimen 
])lace  ten  or  more  s])ecimen  ballots  which  shall  l)e  facsim- 
iles of  the  ballots  provided  for  voting,  but  printed  with- 
out the  endorsements  and  on  colored  paper.  The  secretary 
of  the  Commonwealth  shall  provide  copies  of  any  proposed 
amendment  to  the  constitution  submitted  to  the  people, 
Avith  a  heading  in  large  type.  Proposed  Amendment  to 
the  Constitution. 

Section  201.     The    secretary   of  the    Coimnon wealth  Lists  of  candi- 
shall,  at  least  five  days  before  state  elections,  transmit  to  erecTioit'to  ^ *^ 
the  registrars  printoA  lists  of  the  names,  residences  and  reg".Ti«for° 
desiirnations  of  candidates  to  be  voted  for  at  each  poll-  posting. 
ing  place,  substantially  in  the  form  of  the  official  ballot, 
and  also  ])rinted  copies  of  any  proposed  amendment  to 
the  constitution.     The  registrars  shall,  ii|)on  the  receipt 
thereof,  conspicuously  post  in  one  or  more  public  places 


606 


Acts,  1898.  — Chap.  548. 


City  election, 
posting,  publi- 
cation. 


Town  election, 
posting. 


Lists  of  candi- 
dates, etc.,  state 
and  city  elec- 
tions, to  be 
published. 


in  each  voting  precinct  or  town  the  lists  and  copies  afore- 
said for  such  precinct  or  town. 

Section  202.  City  clerks  shall,  at  least  four  days 
before  a  city  election,  cause  to  be  posted  in  every  voting 
precinct  the  names,  residences  and  designations  of  all  can- 
didates duly  nominated  and  to  be  voted  for  in  such  city, 
substantialh^  in  the  form  of  the  official  ballot,  and  cause 
the  same  to  be  .published  in  at  least  two  newspapers,  if 
there  are  so  many  published  in  said  city,  representing  so 
far  as  practicable  the  two  leading  political  parties. 

Sectiox  203.  Town  clerks  in  towns  using  official  bal- 
lots shall,  at  least  four  days  before  an  election  therein, 
cause  to  be  posted  in  one  or  more  public  places  the  names, 
residences  and  designations  of  all  candidates  duly  nomi- 
nated and  to  be  voted  for  in  such  town,  substantially  in  the 
form  of  the  official  ballot. 

Section  204.  The  secretary  of  the  Commonwealth 
))efore  state  elections  shall  cause  to  be  published  a  list 
of  all  candidates  to  be  voted  for  in  the  county  and  the 
question  on  the  approval  and  ratification  of  any  proposed 
amendment  to  the  constitution,  and  the  city  clerks  before 
city  elections,  a  list  of  all  candidates  to  be  voted  for  in 
their  respective  cities.  Such  lists  and  (juestions  shall  be  in 
the  form,  as  near  as  may  be,  in  which  they  are  to  appear 
upon  the  official  ballot,  and  said  publication  shall  be  made 
for  state  elections  in  at  least  two  newspapers  in  the  county 
and  for  city  elections  in  at  least  t\vo  newspapers  in  the  city, 
if  there  are  so  many  in  the  county  or  city,  representing  so 
far  as  practicable  the  two  leading  political  parties. 


Ballots,  etc., 
state  elections, 
paclting. 


Delivery, 
record,  etc. 


7.       DELIVERY    OF    BALLOTS,    ETC. 

Section  205.  Each  set  of  ballots  for  state  elections 
shall  be  enclosed  in  one  package  by  the  secretary  of  the 
Connnon wealth,  sealed  and  marked  with  the  number  of 
ballots  of  each  kind  therein,  and  specimen  ballots,  cards 
of  instruction,  and  co}nes  of  any  pro})osed  amendment 
to  the  constitution  shall  l)e  enclosed  in  another  package, 
and  the  whole  shall  be  further  enclosed  in  a  single  pack- 
age with  marks  on  the  outside  indicating  its  contents  and 
the  polling  place  for  which  it  is  intended. 

He  shall  transmit  to  the  city  or  town  clerks  at  ditierent 
times  or  by  different  means  two  sets  of  ballots,  cards 
of  instruction  and  copies  of  i)roposed  amendments  to  the 


Acts,  1898.  —  Chap.  54S.  607 

constitution,  so  that  both  sets  shall  be  received  at  least 
twelve  hours  before  the  date  of  election,  and  the  clerks 
shall  return  receipts  therefor  to  the  secretary.  He  shall 
kec})  a  record  of  the  time  when  and  the  manner  in  which 
the  several  })ackages  are  transmitted,  and  shall  preserve 
for  one  year  the  receipts  tlierefor. 

The  clerk  of  each  city  and  the  clerk  of  each  town  using  city  and  town 
official  ballots  shall  enclose  the  ballots,  specimen   ballots  ^  ^'^  ^°°^' 
and  cards  of  instruction  for  city  or  town  elections  in  the 
same  manner. 

Section   206.     The   city  or  town  clerk  shall,  on  the  Delivery  at 
day  of  every  state  or  city  election,  before  the  opening  of  city'eiecuone". 
the  polls,  transmit  to  the  election  officers  of  each  poll- 
ing place  therein  one  set  of  ballots  with  accompanying 
specimen  ballots,  cards  of  instruction  and  copies  of  pro- 
loosed  amendments  to  the  constitution,  which  have  l)een 
])rovi(le(l  for  such  polling  place  ;  and  the  presiding  elec- Receipt,  record, 
tion  oflicer  at  the  polling  place  shall  receipt  therefor  to 
the  clerk,  and  such  receipt,  with  a  record  of  the  numl)er 
of  ballots  transmitted,  shall  be  kept  in  the  clerk's  office 
for  one  year.     The  second  set  of  ballots  shall  be  retained  Second  set. 
by  the  clerk  until  the  receipt  by  him  of  a  requisition  in 
wi-iting  of  the  presiding  election  ofiicer  of  any  polling 
]ilace,  when  it  shall  l)e  transmitted  to  such  polling  place 
in  the  manner  above  provided  as  to  the  first  set.       At  Attowneiec 
town  elections,  the  town  clerk  shall  deliver  all  such  l)al- 
lots,  the  specimen  ballots  and  cards  of  instruction  at  the 
]iolling  place  on  the  day  of  the  election  before  the  open- 
ing of  the  polls. 

Si:cTiON  207.  If  the  Iwdlots  provided  for  any  polling  Baiiots,  snbsti- 
])lace  are  not  delivered,  or  if  after  delivery  they  are  de-  ratfon.^etc^^ 
stroyed  or  stolen,  the  city  or  town  clerk  shall  cause  simi- 
lar ballots  to  be  prepared  ;  and  upon  receipt  of  such  new 
b;ill()ts,  accompanied  by  a  statement  1)y  the  clerk  under 
oath  that  they  have  been  so  prepared  and  transmitted  l)y 
him,  and  that  the  original  ballots  have  not  been  delivered 
or  have  been  so  destroyed  or  stolen,  the  ballots  so  substi- 
tuted shall  be  used. 

Title  V. 

1.       CALLING    OF    ELECTIONS. 

Section  20H.     The  annual  state  election  for  the  choice  Annual  state 
of  governor,   lieutenant  governor,  councillors,   secretary,  officeMto be^' 
treasurer  and  receiver  general,   attornev-ofeneral,  auditor  ''^°''"'- 


608 


Acts,  1898.  — Chap.  548. 


Calls  for  elec- 
tioue  in  cities. 


In  towns. 


Seven  days' 
notice  to  be 
giveu. 


Warrants,  etc., 
to  specify  offl- 
cers,  etc. 


Time  for  open- 
ing ami  clos- 
ing polls,  etc. 


In  cities,  time 
of  opening  and 
closing  polls. 


In  towns,  time 
of  opening  and 
closing  polls. 


of  accounts,  and  senators  and  representatives  in  the  gen- 
eral court,  shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  in  Xovember.  There  shall  also  be  chosen 
at  the  annual  state  election,  when  required  by  law, 
presidential  electors,  and,  in  their  respective  districts  or 
counties,  representatives  in  congress,  district  attorneys, 
clerks  of  courts,  registers  of  prol)ate  and  insolvency,  reg- 
isters of  deeds,  county  commissioners,  special  commis- 
sioners, sheriffs,  and  county  treasurers. 

Section  209.  Meetings  of  the  voters  of  each  city  for 
the  election  of  state  officers  and  city  officers,  shall  Ije 
called  by  the  aldermen,  and  the  city  clerk  shall,  under 
their  direction,  cause  notice  of  such  meetings  to  l)e  })rinted 
in  one  or  more  newspapers  published  in  such  city,  and 
to  be  conspicuously  posted  in  the  office  of  the  city  clerk  ; 
and  in  Boston  in  at  least  four  daily  newspapers  pub- 
lished therein.  Such  notices  shall  be  in  lieu  of  the  notices 
or  warrants  for  election  required  in  any  city  by  special 
statutes.  Meetings  of  the  voters  of  each  town  for  the 
election  of  state  officers  and  town  officers  shall  be  called 
as  provided  in  section  three  hundred  and  twenty-five  of 
this  act.  Meetings  for  the  annual  state,  city  and  town 
elections  shall  be  called  at  least  seven  days  before  the  day 
prescribed  for  the  holding  thereof. 

Section  210.  Notices  or  warrants  for  meetings  for 
state  and  city  elections,  and  for  the  election  of  town  offi- 
cers in  towns  where  official  l)allots  are  used,  shall  specify 
by  name  all  the  offices  to  be  voted  for  and  state  in  full 
any  proposed  amendment  to  the  constitution  or  other  ques- 
tion suljmitted  to  the  people.  They  shall  specify  the  time 
when  the  polls  will  ])e  opened,  and  in  cities  when  the  i)olls 
will  be  closed,  and  in  towns  Avhen  they  may  be  closed. 

In  cities,  the  polls  may  be  opened  as  early  as  six  o'clock 
in  the  forenoon  and  shall  be  opened  as  early  as  ten  o'clock 
in  the  forenoon  and  shall  l)e  kept  open  at  least  six  hours, . 
but  in  no  case  after  the  hour  of  sunset. 

In  towns,  at  the  election  of  state  and  town  officers,  the 
polls  may  be  opened  as  earh'^  as  six  o'clock  in  the  fore- 
noon and  shall  be  opened  as  early  as  twelve  o'clock,  noon, 
and  shall  be  kept  open  at  least  four  hours,  and  until  the 
time  specified  in  the  warrant  when  they  may  be  closed  ; 
and  they  may  be  kept  oi)en  for  such  longer  time  as  tlie 
meeting  shall  direct,  but  they  shall  not  be  kept  open  after 
tlie  hoiir  of  sunset.      After   an  announcement    has  been 


Acts,  1898. —  Chap.  548.  609 

made  by  the  presiding  officer  of  a  time  so  fixed  for  closing 
the  polls  they  shall  not  be  closed  at  an  earlier  horn*. 


I.       CONDUCT    OF    ELECTIONS. 

Section  211.  At  an  election  of  state  or  city  officers,  state  and  city 
the  presiding  election  officer  at  each  polling  place  in  a  fig''ofTnBt?uc^ 
city  or  town  shall,  before  the  opening  of  the  polls,  post  *^°"^' ***• 
at  least  three  cards  of  instruction,  three  copies  of  pro- 
posed constitutional  amendments,  if  any,  and  at  least  five 
specimen  ballots  within  the  polling  place  outside  the 
guard  rail,  and  the  cards  of  instruction  and  a  copy  of 
any  proposed  amendment  in  each  marking  compartment ; 
and  no  other  poster,  card,  handbill,  placard,  picture  or 
circular,  intended  to  influence  the  action  of  the  voter, 
except  a  paster  to  be  placed  upon  the  official  ballot,  shall 
be  posted,  circulated  or  distributed  in  the  polling  place, 
in  the  building  in  which  the  polling  place  is  located,  or  on 
the  walls  thereof,  on  the  premises  on  which  the  build- 
ing stands,  or  on  the  sidewalk  adjoining  the  premises 
where  such  election  is  being  held.     Pasters  to  be  placed  Pasters  to  be 

1  /v    •    1    1      11  1      n    1  1  •  •      •  placed  on  ofli- 

on  the  otncial  ballot  shall  be  subject  to  all  the  restrictions  ciai  baiiot,  to  be 
im})osed    by  sections  one  hundred  and  ninety-three  and  tain  reetric-^'^" 
one  hundred  and  ninety-six  of  this  act  as  to  names,  res-  *^°°*' 
idences  and  political  designations  of  candidates  and  the 
size  of  type  in  Avhich  the  names  shall  be  printed.     The  Delivery  of 
presiding  election  officer  shall  at  the  opening  of  the  polls  cfirkl!  *°  ^*"°* 
publicly  open  the  packages  containing  the  ballots  and  de- 
liver them  to  the  ballot  clerks. 

The  town  clerk  shall,  on  the  day  of  the  election,  before  Delivery  of 
the  opening  of  the  })olls,  deliver  the  ballots  to  the  ballot  cferkl*  rece?pt°' 
clerks,  who  shall  receipt  therefor,  and  their  receipt  shall  ®**'' 
be  preserved  in  the  office  of  the  clerk  for  the  period  of 
one  year.      Where  a  moderator  presides  at  such  election 
no  such  ballots  shall  be  delivered  to  voters  until  he  has 
been  chosen. 

Section  212.     The  state  ballot   boxes    shall  be    used  ^***«^""°* 
for  receiving  the  ballots  in  state  and  city  elections,  and  ^ised,  etc. 
in   town  elections   where  official   ballots  are  used.     The  At  opening  of 
election  officers  at  each  polling  place  shall,   at  the  open-  rhown*tobe 
ing    of  the  polls  and    ])efore    any    ballots    are    received,  ^™P*y- 
pul)lioly  (^pen   the   ballot   box,  and  ascertain  by  personal 
examination,  and  publicly  show  that  the  same  is  empty, 
and   shall  immediatelv  thereafter  lock  or  fasten  the  l)ox. 


610  Acts,  1898.  — Chap.  548. 

Record,  custody  xhe  clei'k  of  the  precinct  or  town  shall  make  a  record  of 
the  condition  of  the  box  register,  and,  if  a  key  is  used, 
it  .shall  be  retained  l)y  the  police  officer  or  constable  at 

to^beremm'Ld     ^^^^  polUng  placc.     Tlic  ballot  box  shall  not,  after  it  is 

from  public  sliown  to  1)6  cuipty,  Ijc  rcuioved  from  public  view  until 
all  ballots  have  been  removed  therefrom  and  the  box  has 

Opening  of  box,  ]^qq^^  relockcd  or  sealed.     The   ballot  box  shall    not    be 

removal  of  bal- 
lots, etc.  opened  nor  any  ballot  removed  therefrom  until  the  polls  are 

closed,  except-  as  provided  in  section  two  hundred  and 
thirty-four  of  this  act ;  but  in  order  to  make  room  for  bal- 
lots, the  presiding  officer  may,  in  the  presence  of  all  the 
election  officers,  open  the  box  and  pack  and  press  down 
the  ballots  therein. 
toTivrcharge^'      The  presiding  officer  of  each  polling  place  shall  have 
of  ballot  box,      charge  of  the  ballot  box  and  l)allot  box  seal,  and  shall, 
at  the  close  of  each  election,  return  the  same,  either  per- 
sonally or  by  a  police  officer  or  constable  in  attendance 
at  the  polling  place,  to  the  city  or  town  clerk. 
box*ee!'proceed-       If  ^^  bccomcs  impossible  to  use  the  state  ballot   box, 
ingewhenim-    ^)jg  voting  shall  i:)roceed  in  such  manner  as  the  i)residino; 

possible  to  use.  &         _        l  ^  i  » 

officer  shall  direct,  and  in  such  case  the  clerk  shall  record 
the  reason  why  such  ballot  box  is  not  used,  and  shall  en- 
close   an   attested  copy  of  such  record    in  the  envelope 
Provisions  to      ^.j^h  the  ballots  cast.     The  provisions  as  to  the  use  and 

apply  to  BUD-  '■ 

Btitute.  custody  of  the  state  ))allot  box  shall,  so  far  as  applicable, 

apply  to  the  ballot  box  substituted  therefor. 
IeS"and  Section  213.     One  voting  list  shall  be  delivered    to 

"^^-  the  ballot  clerks  and  another  to  the  officers  in  charge  of 

the  l)allot  l)ox.      AVlion  a  ballot  is  delivered  to  a  voter  his 
name  shall  be  checked  on  the  first  list,  and  when  he  deposits 
representation    ^i*^  ballot  it  shall  bc  cliccked  on  the  second.     The  officer 
at  box  and  list,    ji^  chargc  of  tlic  ballot  box  and  the  officer  in  charge  of  the 

voting  list  shall  l)e  of  different  political  parties, 
fo^bfmldeprior       Skction  214.      No    clcction    officer    shall,   before    the 
to  declaration     pul)lic  declaration  of  the  vote,  make  any  statement  of  the 

of  vote.  i  ^     *  .  , 

number  of  ballots  cast,  the  number  of  votes  given  for  any 
person,  the  name  of  any  person  who  has  voted,  or  whose 
name  has  not  been  checked,  or  of  any  other  fact  tending 
to  show  the  state  of  the  polls. 
mme°d°t?tMn  SECTION  215.  No  pcrsous  cxccpt  the  election  officers, 
guardrail.  supcrvisors,  and  voters  admitted  for  the  purpose  of  vot- 
ing, shall,  during  the  progress  of  an  election  and  until 
the  public  declaration  of  the  vote,  be  permitted  within 


Acts,  1898.  — Chap.  548.  611 

the  piard  rail,  unless  authorized  by  the  election  officers 
for  the  |)vir])()se  of  keepinjj;  order  and  enforcing  the  law. 

Sectiox  2U).     No  more  than  four  voters,  besides  elec-  Voter*  allowed 
tion  officers  and  supervisors,  in  excess  of  the  number  of  JIii!"°  ^^^^'^ 
markinu;;  compartments  })rovided,  shall  l)e  allowed  at  one 
time  within  the  guard  rail,  and  except  the  election  officers 
and  supervisors  no  voters  shall  be  admitted  therein  after 
the  time  tixed  for  closing  the  polls,  but  voters  previously  Time  for  de- 
admitted  shall  be  allowed  five  minutes  after  the  time  so  at^cio^e  of^poiTs. 
fixed  to  deposit  their  ballots. 

Section  217.     The    })residing   officer  at  each   polling  Presiding oa. 
place    shall    enforce  the  performance  of  their  duties  by  powefe^and* 
election  officers.      He    shall    have  authority  to  maintain  *^"*'®*- 
order  and  to  enforce  obedience  to  his  lawful  commands, 
during  an  election  and  the  counting  of  the  ballots  after 
the  close  of  the  polls,  in  and  about  the  polling  place  and 
to  keep  the  access  thereto  open  and  unobstructed,  and  he 
may  reciuire  any  police  officer,  constable  or  other  person 
to  connnunicate  his   orders  and  directions  and  assist  in 
their  enforcement. 

Section  218.  The  board  or  officer  in  charge  of  the  Police  officers, 
police  force  of  each  city  and  town  shall  detail  a  sufficient  order^etc?*^"^* 
number  of  police  officers  or  constables  for  each  polling 
place  at  every  election  therein,  to  preserve  order  and  to 
protect  the  election  officers  and  supervisors  from  any 
interference  with  their  duties  and  to  aid  in  enforcins:  the 
l)rovisions  of  this  act. 

Section  210.     Any  person  who,  during  an  election  or  Person  smoking 
town  meeting,  shall,  in  a  })olling  place  or  place  of  such  etc^,''S°be^V^o"°'^' 
meeting,  smoke  or  have  in  his  possession  a  lighted  pipe,  ™°^«<*- 
cigar  or  cigarette,  or  carry  into  any  such  place  or  keep 
therein  any  intoxicating  liquor,  shall  be  deemed  guilty  of 
disorderly  conduct  ;  and  the  presiding  officer  shall  order 
him  to  remove  such  pipe,  cigar,  cigarette,  or  li(juor,  or  to 
withdiaw  from  such  place,  and  for  disobedience  of  such 
order  shall  cause  him  to   be   removed  from  such  polling 
place  or  meeting. 

Section  220.     If  ;i  ])erson   at  an   election   refuses  to  offendenobe 
obey  the  lawful  commands  of  the  presiding  officer  or  by  butno^tmo^' 
disorderly  conduct  interrupts  or  disturbs  the  proceedings  viti^     °* 
of  an  election   officer,  the  jiresiding  officer  may  require 
any  })olice  officer,  constable  or  other  person,  to  take  him 
into  custody  and  detain  him  until  alter  the  election;  but 


612 


Acts,  1898.  — Chap.  548. 


Duties  of  offi- 
cers when  law 
is  violated. 


the  presiding  officer  may,  at  any  time,  order  his  release. 
Such  order  of  detention  shall  not  be  so  enforced  as  to 
prevent  such  person,  if  a  voter  at  that  pollinir  place,  from 


voting. 


Section  221.  Every  election  officer  shall  forthwith 
report  any  violation  of  the  provisions  of  this  title  to  the 
police  officer  or  constable  in  attendance  at  the  polling 
place,  and  such  police  officer  or  constal)le  shall  cause  the 
offender  to  be  prosecuted. 


Voting,  giving 
of  name,  de- 
livery of  ballot, 
etc. 


In  Boeton,  per- 
son may  be  re- 
quired to  writ* 
hiB  name,  etc. 


Stamps  for 
marking  ballots 
may  be  pro- 
vided, etc. 


Custody,  etc., 
of  Htampc 


d.       3IANXER    OF    VOTING. 

Section  222.  Eiich  voter  desiring  to  vote  at  a  polling 
place  where  official  Ijallots  are  used  shall  give  his  name, 
and,  if  requested,  his  residence  to  one  of  the  ballot  clerks, 
who  shall  thereupon  distinctly  announce  the  same  ;  and 
if  such  name  is  found  upon  the  voting  list  by  the  ballot 
clerk,  he  shall  check  and  repeat  the  name  and  give  one 
ballot  to  such  voter,  who  shall  then  be  admitted  within 
the  guard  rail.  If  not  entitled  to  vote  for  all  the  offices 
upon  the  ballot,  he  shall  receive  a  partial  l)allot.  The 
voter,  if  a  woman,  shall  receive  a  si)ecia]  ballot  contain- 
ing the  names  of  candidates  for  school  committee  only. 

In  Boston,  a  })erson  a])plying  to  vote  shall,  upon  the 
request  of  an  election  officer,  be  required  to  write  his 
name  in  the  blank  space  op})f)site  his  name  as  it  appears 
on  the  voting  list.  If  he  refuses,  he  shall  obtain  from 
the  election  commissioners  a  certificate  of  his  right  to 
vote ;  but  this  shall  not  apply  to  any  person  not  rei^uired 
by  law  to  write  as  a  condition  of  registration. 

Section  228.  City  and  town  clerks  may  provide, 
for  use  at  caucuses  and  elections,  as  many  stamps  as  there 
are  marking  compartments  at  each  polling  place.  The 
design  of  the  stamps  for  caucuses  shall  be  the  nunil)er  of 
the  ward,  Avith  a  cross,  thus  X  7,  and  for  elections  the 
number  of  the  ward  and  precinct,  witii  cross,  thus,  X  T/9. 
At  caucuses  and  elections  for  which  such  stamps  are  ])!•()- 
\'ided,  they  shall  be  used  l)y  all  voters  in  marking  their 
Imllots,  and  l)allots  not  so  marked  shall  not  ])e  counted, 
but  ballots  from  Avhich  the  stamp  mark  has  been  erased 
with  pencil  or  other  device  shall  be  counted  as  though 
no  erasure  had  been  made.  The  caucus  or  precinct  clerk 
shall  have  custody  of  such  stamps,  and  shall  before  the 
opening  of  the  caucus  or  polls,  in   the  presence  of  the 


Acts,  1898.  — Chap.  ry^S.  613 

voters  and  caucus  or  precinct  officers,  cause  such  stamps 
to  be  ciiained  to  each  marking  compartment ;  and  lie  shall 
immediately  after  the  polls  are  closed,  ])ef()re  the  ballots 
are  removed  from  the  l)allot  box,  and  in  the  presence  of 
the  voters  and  caucus  or  precinct  officers  place  said  stamps 
in  a  l)ox,  which  shall  be  locked  and  sealed,  and  by  him 
returned  to  the  city  or  town  clerk.  In  Boston  the  police 
officer  in  attendance  at  each  caucus  or  voting  precinct 
shall  have  the  custody  of  the  stamps  and  perform  the 
duties  connected  therewith  imposed  on  the  precinct  clerks 
in  other  cities. 

Section  224.     The  voter  on  receiving  his  ballot,  shall,  Marking  of 

,.,  ,,  .^,  ballots. 

Without  Icavmg  the  enclosed  space,  retire  alone  to  one  of 
the  marking  compartments,  and  shall,  except  in  the  case 
of  voting  for  presidential  electors,  prepare  his  ballot  by 
making  a  cross  [  X  ]  in  the  square  at  the  right  of  the 
name  of  each  candidate  for  whom  he  intends  to  vote  or 
by  inserting  the  name  of  such  candidate  in  the  space  pro- 
vided therefor,  and  making  a  cross  in  the  square  at  the 
right ;  and,  upon  a  question  submitted  to  the  vote  of  the 
])eople,  ])y  making  a  cross  in  the  square  at  the  right  of 
the  answer  which  he  intends  to  give. 

Section  225.  A  voter  may  vote  for  an  entire  group  voting  for 
of  candidates  for  presidential  electors  by  making  a  cross  efectorT*'* 
[  X  ]  in  the  square  at  the  right  of  the  party  or  political 
designation  immediately  above  such  group.  If  a  voter 
does  not  intend  to  vote  for  any  one  candidate  in  the 
group  he  may  erase  his  name  and  the  cross  shall  count  as 
a  vote  for  each  of  the  other  candidates  in  such  group. 
^Vhen,  in  place  of  a  candidate  whose  name  he  has  erased, 
a  voter  desires  to  vote  for  another  person,  he  may  insert 
his  name  in  one  of  the  blank  spaces  and  make  a  cross  in 
the  scjuare  at  the  right  thereof.  A  voter  who  does  not 
mark  for  any  group  of  candidates  may  vote  for  candidates 
for  electors,  up  to  the  number  to  be  elected,  by  insert- 
ing names  in  the  blank  spaces  at  the  end  of  the  grou])s  of 
electors,  and  making  a  cross  in  the  square  at  the  right  of 
each  name  so  inserted. 

Section  22i].     A    voter  who  declares  on  oath   to  the  Assistance  in 
presiding  officer,  that  he  was  a  voter  l)efore  the  tirst  day  '""'^  '°^ 
of  May  in  the  year  eighteen    hundred  and    fifty-seven 
and  cannot  read,  or  that  from  blindness  or  other  physical 
disa>)ility  he  is   unable  to    prepare   his   l)all()t,    shall    be 
assisted   in   the   marking  thereof  by    one  or  two   of  the 


614 


Acts,  1898.  — Chap.  548. 


Certain  marke 
upon  ballot 
prohibited. 


Voter  spoiling 
ballot  may 
obtain  others, 
etc. 


Ballot  to  be 
folded,  etc. 


Time  allowed 
in  eticloeed 
space,  etc. 


Depositing 
ballot,  giving' 
name,  etc. 


None  but  official 

ballots  allowed, 

etc. 

Voter's  name  to 

be  checked,  etc. 


Ballots  not  to 
be  removed,  etc. 


election  officers,  who  shall  be  of  such  political  party,  rep- 
resented among  the  election  officers,  as  the  voter  may 
request ;  and  they  shall  certify,  on  the  outside  of  the 
ballot,  that  it  was  marked  with  their  assistance,  and  shall 
thereafter  give  no  information  regarding  the  same. 

Section  227.  Except  as  authorized  by  this  title,  no 
voter,  election  officer  or  other  person  shall  jilace  any 
mark  upon  a  ballot  by  which  it  may  be  identitied  ;  nor 
shall  any  person  place  a  mark  against  any  name  upon  a 
ballot  not  cast  by  himself. 

Section  228.  If  a  voter  spoils  a  ballot  he  may  obtain 
two  others,  one  at  a  time,  upon  returning  each  spoiled 
one,  and  all  ballots  so  returned  shall  immediately  be  can- 
celled by  the  election  officers. 

Section  229.  Before  leaving  the  marking  compart- 
ment the  voter  shall  fold  his  l)allot,  without  displaying 
the  marks  thereon,  as  it  was  folded  when  received  by 
him,  and  he  shall  keep  it  so  folded  until  he  has  voted. 
A  voter  shall  mark  and  deposit  his  ballot  without  undue 
delay  and  shall  leave  the  space  enclosed  by  the  guard  rail 
as  soon  as  he  has  voted.  No  voter  shall  occupy  a  mark- 
ing compartment  occupied  by  another,  nor  remain  witliin 
the  guard  rail  more  than  ten  minutes,  nor  occupy  a 
voting  comjjartment  more  than  live  minutes  if  all  the 
marking  compartments  are  in  use  and  other  voters  are 
waiting  to  occupy  the  same. 

Section  230.  A  voter  after  marking  his  ])allot  shall 
give  his  name  and,  if  recjuested,  his  residence,  to  the  pre- 
siding officer,  who  shall  distinctly  announce  the  same.  If 
the  name  is  found  upon  the  voting  list  by  the  election  offi- 
cer he  shall  distinctly  repeat  the  name  and  check  it  upon 
the  voting  list ;  and  the  voter  may  then  deposit  his  ballot 
in  the  ballot  box  with  the  official  endorsement  uppermost 
and  in  sij^ht.  No  ballot  without  the  official  endorsement, 
except  as  provided  in  section  two  hundred  and  seven  of 
this  act,  shall  be  deposited  in  the  ballot  box.  No  person 
shall  vote  if  his  name  is  not  on  the  voting  list,  nor  until 
the  election  officer  shall  check  his  name  thereon,  unless  he 
presents  a  certiticate  from  the  registrars  of  voters  as  pro- 
vided by  section  sixty-five  of  tliis  act. 

Section  281.  No  person  shall  remove  any  ballot  from 
the  space  enclosed  by  the  guard  rail,  before  the  po\U  are 
closed.  No  voter,  whose  name  has  been  checked  on  the 
voting  list  in  charire  of  the  Ijallot  clerk,   other  than  an 


Acts,  1898.  — Chap.  548.  615 

election  officer  or  supervisor,  shall  again  enter  such  en- 
closed 8])ace  (luring  the  election. 

Section  232.     If  in  any  state,  city  or  town  election  Proceedings 
at  wMch  official  ballots  are  used,  the  right  of  a  person  ^haironged!' 
offering  to  vote  is  challenged  for  any  legal  cause,  the  pre- 
sidiuir:  officer  shall  administer  to  him  the  followino-  oath  • 

You  do  solemnly  swear  [or  atlirm]  that  you  are  the  identical  jDer- 
son  whom  you  represent  yourself  to  be,  tliat  you  are  registered  in 
this  ])reeinct  [or  town]  and  that  you  have  not  voted  at  this  election. 

lie  shall  also  be  re(|uired  to  write  his  name  and  resi- 
dence on  the  outside  of  the  ballot  offered,  and  the  presid- 
ing officer  shall  add  thereto  the  name  of  the  person 
challenging  and  the  cause  assigned  therefor,  whereupon 
such  ballot  shall  be  received ;  and  no  person  shall  make 
any  statement  or  give  any  information  in  regard  thereto, 
exce])t  as  required  by  law.  The  clerk  shall  record  the 
name  and  residence  of  every  person  who  has  been  chal- 
lenged and  has  voted. 

4.       COUNTING    OF    VOTES. 

Section  233.     The  blank  forms    and    apparatus    pro-  state  blanks 
vided  by  the  secretary  of  the  Commonwealth  shall  be  used  tobeusedfet^. 
in  ascertaining  the  result  of  the  election  or  vote  in  state 
elections  in  cities  and  towns,  in  city  elections,  in  elections 
of  town  officers  in  towns  in  which    official    ballots    are 
used,   and  also  in    taking   the    vote  upon  any  proposed 
amendment  to  the  constitution,  upon  the  ((uestion  of  grant- 
ing licenses  for  the  sale  of  intoxicating  liquors,  and  upon 
any  f)ther  (juestion  submitted  by  statute  to  the  voters  of 
the  Commonwealth,  or  of  any  city  or  town,  in  which  offi- 
cial ballots  are  used.     If  it  is    impossible    to    use   such  Proceedings 
)>lank  forms  or  apparatus,  the  canvass  of  the  votes  shall  eibie^tlfuse! 
be  made  as  the  presiding  officer  shall  direct ;  and  the  clerk 
shall  record  the  facts  relating  to  the  failure  to  use  such 
blank   forms  or  apparatus,  and  shall  enclose  an  attested 
copy  of  such  record  in  the  envelope  with  the  ballots  cast. 

Section  234.     When  the  state  ballot  box  is  used,  the  Proceedings  at 
clerk  shall,  as  soon  as  the  i^lls  are  closed,  record  the  bal-  <=i°«« "^ p''"^- 
lot  box  register.     The  election  officers  shall  then,  publicly 
and  in  the  presence  of  the  other  election  officers,  count, 
audibly  and  distinctly,  the  number  of  names  checked  on 
each  list  and  announce  the  same.     The  ballot  box  shall 


616 


Acts,  1898.  — Chap.  548. 


(Canvass  of 
ballots,  etc. 


In  towns  not 
divided  into 
ing  precincts 


Announcement, 
record,  etc. 


Ballots,  pro- 
ceedings, etc., 
to  be  kept  In 
open  \iew,  etc 


Removal  of 
ballots  from 
ballot  box 
before  voting, 
has  ceased, 
counting,  etc. 


then  be  opened  by  the  presiding  officer  and  the  ballots 
taken  therefrom  and  audibly  counted,  one  by  one,  and 
the  whole  number  of  ballots  cast  shall  be  publicly  an- 
nounced by  him.  The  ballots  may  be  divided  into  con- 
venient packages,  and,  except  as  hereinafter  provided, 
each  block  or  package  shall  be  canvassed  and  counted  by 
two  election  officers  representing  the  two  leading  political 
parties,  detailed  by  the  presiding  officer ;  each  election 
officer,  in  so  canvassing  and  counting  votes,  shall  be 
under  the  inspection  of  an  election  officer  of  a  difierent 
political  party.  The  result  of  the  canvass  and  count 
shall  be  reported  to  the  presiding  officer,  who  shall  cause 
it  to  be  correctly  recorded  on  the  blank  forms  provided 
vot.  for  the  purpose.  At  state  elections  in  towns  not  divided 
into  voting  precincts,  the  canvass  and  count  of  votes  shall 
be  made  by  the  selectmen  and  town  clerk,  who  may  be 
assisted  by  the  tellers. 

The  clerk  in^  open  meeting  shall  publicly  announce 
the  result  of  the  vote,  and  enter  in  his  records,  in  words 
at  length,  the  total  number  of  names  of  male  and  female 
voters  checked  on  the  voting  lists,  the  total  number  of 
ballots  cast,  the  names  of  all  persons  voted  for,  the  num- 
ber of  votes  for  each  person  and  the  title  of  the  office 
for  which  he  was  a  candidate,  the  number  of  blank  ballots 
for  each  office,  and  the  number  of  affirmative  and  negative 
votes  in  answer  to  any  (juestion  su])mitted  to  the  voters, 
and  shall  forthwith  make  a  copy  of  such  record,  certify 
and  seal  up  the  same,  and  deliver  it  to  the  city  or  town 
clerk,  who  shall  forthwith  enter  it  in  his  records. 

The  voting  lists,  and  all  l)allots  removed  from  the  ballot 
box,  shall  be  kept  in  open  view  of  the  voters  present  until 
enclosed  and  sealed  up,  and  all  proceedings  in  the  canvass 
and  counting  of  votes  shall  be  public  and  in  open  view  of 
the  voters,  and  there  shall  be  no  adjournment  or  post- 
ponement until  the  canvass  and  counting  are  completed, 
and  the  voting  lists  and  l)allots  are  enclosed  and  sealed 
up. 

In  towns,  and  cities  of  less  than  one  hundred  thousand 
inhabitants  according  to  the  last  national  or  state  census, 
the  ballot  ])ox  at  any  polling  place  may  be  opened  and 
ballots  taken  therefrom  for  counting  when  all  the  select- 
men and  the  town  clerk,  or  both  the  moderator  and  the 
town  clerk,  as  the  case  may  be,  or  all  the  election  officers 
at  the  voting  precinct  shall  so  order.     "WTien  the  ballots 


Acts,  1898.  —  Chap.  548.  617 

have  been  thus  removed,  the  presiding  officer  shall  select 
from  the  election  officers  an  equal  number  from  each  of 
the  two  leading  political  parties,  who  shall  canvass  such 
ballots  in  accordance  with  this  section ;  but  no  announce-  No  announce. 
ment  of  the  result  of  such  canvass  shall  be  made  by  any  made,  etc, 
election  officer  until  the  total  residt  of  the  canvass  of  bal- 
lots has  been  ascertained. 

Section  235.  AV^here  the  use  of  a  state  l)allot  box  is  certain  bauots 
required  no  ballot  shall  be  counted  unless  it  has  been  ?ounted^ 
deposited  in  and  cancelled  by  such  ballot  box,  or  has 
been  otherwise  deposited  according  to  the  provisions  of 
section  two  hundred  and  twelve  of  this  act ;  and  no  ballot 
shall  be  counted  in  any  election  for  which  official  ballots 
are  provided  except  such  ballots.  If  a  voter  marks  more 
names  than  there  are  persons  to  be  elected  to  an  office,  or 
if  his  choice  cannot  be  determined,  his  ballot  shall  not 
be  counted  for  such  office.     Ballots  cast  but  not  counted  pefective 

ballots. 

shall  be  marked  '.'defective",  on  the  outside  thereof,  and 
shall  be  preserved  like  other  ballots. 

Section  236.     The  presidino^  officer  at  every  pollino- Baiiots  cast  to 

T  ~.  T  <J      I  "be  sealed  up 

place,  at  elections  of  state  and  city  officers  and  of  town  endorsed,  etc. 

officers  in  towns  in  which  official  ballots  are  used,  shall, 

after  the  record  of  the  counting  has  been  made,  cause  all 

ballots  cast  to  be  publicly  enclosed  in  an  envelope  and 

sealed  up  with  the  seal  provided  for  the  purpose  and 

also  with  the  private  seal  of  any  election  officer  who  may 

desire  to  affix  the  same ;  and  a  majority  of  the  election 

officers  of  the  voting  precinct  or  town  shall  endorse  upon 

such  envelope  the  polling  place,  the  election  and  the  date, 

and  also  a  certificate  that  all  the  ballots  cast  by  the  voters 

of  such  precinct  or  town,  and  none  other,  are  contained 

therein.     He  shall  cause  all  ballots  not  cast  to   be   en- unused  baUots 

closed  in  an  envelope  and  sealed  up  as  aforesaid,  and  shall  and^certiifeli"^ 

certify  on  the  envelope  the  contents  thereof. 

Such  presiding  officer  shall  cause  the  voting  lists  to  be  voting  usts 
enclosed  in  an  envelope  and  sealed  up  as  aforesaid,  and  a  and  certified."^ 
majority  of  the  election  officers  shall  certify  thereon  to 
the  identity  of  the  voting  lists  enclosed. 

lie  shall  forthwith   personally  deliver  to   the   city   or  Ballots,  voting 
town  clerk,  or  in  Boston  to  the  election  commissioners,  or  deiu'ered'to" 
transmit  to  him  or  them  by  the  police  officer  or  constable  cierk%tcr° 
in  attendance  at  the  election,  all  the  ])allots  cast,  and  not 
cast,  the  voting  lists,  the  ballot  box,  ballot  box  seals,  and 
counting  apparatus. 


618 


Acts,  1898.  —  Chap.  548. 


Copies  of  voting 
lists  ae  checked 
may  be  fur- 
nished. 


Voting  lists  to 
be  again  sealed 
and  certified. 


Ballots  cast, 
custody,  de- 
struction, etc. 


Voting  lists  and 
unused  ballots, 
custody,  dis- 
poeition . 


Section  237.  Upon  written  application,  signed  by  at 
least  ten  voters  in  the  town  or  ward  of  which  the  i)re- 
cinct  forms  a  part,  the  city  or  town  clerk,  and  in  Boston 
the  election  commissioners,  may  open  the  envelope  con- 
taining such  voting  list  and  may  make  a  copy  of  the  list 
as  checked.  In  Boston  such  copies  shall  contain  only  the 
name  and  residence  of  the  voter.  After  any  such  vot- 
ing list  has  been  so  copied,  said  clerk  or  board  shall  at 
once  enclose  the  list  in  an  envelope  and  seal  up  the  same 
and  certify  thereon  to  the  identity  of  such  lists. 

Section  238.  City  and  town  clerks  shall  retain  in 
their  custody  the  envelope  containing  the  ballots  cast, 
w^ithout  examining  them  or  permitting  them  to  be  exam- 
ined by  any  person  except  as  required  by  law,  and,  upon 
the  expiration  of  the  i)eriod  fixed  for  their  preservation, 
shall  cause  such  ballots  to  be  destroyed. 

City  and  town  clerks  shall  retain  in  their  custody  the 
voting  lists  and  ballots  not  cast  as  long  as  they  retain 
the  ballots  cast.  They  shall  then  transmit  such  voting 
lists  to  the  registrars  of  voters  for  future  reference,  and 
shall  destroy  the  cancelled  ballots. 


Record  not  to 
be  rejected 
when  votes  can 
be  ascertained. 

Examination  of 
precinct  rec- 
ords, correc- 
tion, etc. 


Examination  of 
precinct  rec- 
ords, certifica- 


0.       RECORDS    AND    CERTIFICATES    OF    ELECTION. 

Section  239.  No  record  of  votes  cast  or  copy  thereof 
shall  be  rejected  if  the  number  of  votes  given  for  each 
candidate  for  an  office  can  be  ascertained  therefrom. 

Section  240.  The  aldermen  and  city  clerk,  in  Boston 
the  election  commissioners,  and  the  selectmen  and  town 
clerk  in  towns  divided  into  voting  precincts,  shall  forth- 
with after  a  state  or  city  election,  examine  the  copies 
of  the  records  of  the  election  officers,  and  if  any  error 
appears  therein  they  shall  forthwith  give  notice  thereof 
to  the  officers  by  whom  the  error  was  made,  wdio  shall 
forthwith  make  an  additional  record  under  oath  in  con- 
formity with  the  facts,  and  deliver  a  copy  thereof  to  the 
city  or  town  clerk  or  1)oard  ;  and  such  copy  of  the  records 
made,  with  or  without  notice  as  aforesaid,  shall  l)e  received 
by  the  city  or  town  clerks  or  board  at  any  time  before  the 
last  day  fixed  for  the  transmission  of  copies  of  records  of 
the  votes  cast  in  the  city  or  town,  or  on  which  the  results 
of  the  election  are  recjuired  to  be  declared. 

The  aldermen  and  city  clerk,  the  election  commission- 
ers, and  the  selectmen  and  town  clerk,  shall  examine  all 


Acts,  1898.  —  Chap.  548.  619 

oriirinal  and  all  additional  copies  of  the  records  and  make  tion  o£  copies, 

''  •  etc 

them  p:ut  of  the  records  of  such  election,  and  shall  cer- 
tify and  attest  copies  of  the  records  of  votes  for  the  several 
candidates. 

Section  241.     The  clerk  of  each  city  and  town  within  Returns  of  votes 
ten  days,  and  in  Boston  the  election  commissioners  within  the  t"mmou'? 
tittcen  days,  from  the    day   of   any  election  therein   for  ^«*'''*- 
representative  in  congress,  governor,  lieutenant  governor, 
councillor,  secretary,  treasurer  and  receiver  general,  au- 
ditor of  accounts,  attorney-general,  clerk  of  courts,  reg- 
ister of  probate  and  insolvency,  sheritf,  district  attorney, 
or  senator,  or  for  presidential  electors,  shall  transmit  to 
the  secretary  of  the  Commonwealth  copies  of  the  records 
of  votes  for  such  officers,   certitied   by  the    aldermen  or 
the  selectmen,   or  by  the  board  of  election  commission- 
ers,  and   attested  and    sealed  by  the  clerk   or    by    said 
board.     The  citv  or    town  clerk    shall,  within  ten   daA'S  Returns  of 

r,.  1       i  •        *!•  J       .  •    .  i?    1        1        votes  to  county 

alter  an  election  tor  county  treasurer  or  register  ot  deeds,  commiBsioners 

transmit   to   the   county  commissioners,  and  within   ten  ^ur^^""  * " 

days  alter  an  election  therein  for  county  commissioners  or 

special  I'ommissioners,  transmit  to  the  clerk  of  the  courts 

the  records  of  votes  for  such  officers,  certitied,  attested 

and  scaled  as  aforesaid.     In  the  city  of  Boston  the  rec- For  register  of 

ords  of  the  votes  cast  for  register  of  deeds  shall  be  trans-  ton. 

mitted  by  the  election   commissioners    to  the  aldermen, 

and  the  records  of  the  votes  cast  in  the  towns  of  Revere  Forcountycoro- 

and  Winthrop  for  county  commissioner  and  special  com-  iS'ue?erI'and'' 

missioners  shall  be  transmitted  to  the  clerk  of  the  courts  '^^''"*1"'°p- 

for  the  county  of  ^Middlesex. 

Such  copies  shall  be    transmitted    in  envelopes,   upon  To  be  trans, 
which  shall  be  stated  the  offices  for  which  and  the  dis-  I^pesVroperiy 
tricts  in  which  the  votes  were  cast.  endorsed. 

Section  242.  If  any  such  copy  transmitted  to  the  sec-  Proceedings 
retary  of  the  Commonwealth  is  not  sealed  as  required  by  unsls^ed?"^'' 
law,  he  shall  forthwith  give  notice  thereof  to  the  officers 
who  transmitted  the  same  ;  and  thereupon  another  copy 
shall  be  made,  attested,  certitied,  sealed,  and  transmitted 
to  the  secretary.  If  the  second  copy  is  received  by  him  be- 
fore determination  of  the  persons  appearing  to  be  elected, 
and  the  original  appears  to  be  in  substantial  conformity 
therewith,  the  original  copy  shall  not  be  rejected. 

Section  243.     The    secretarv    of  the    Commonwealth  on  receipt, 
shall  cause  the  date  of  the  receipt  of  each  copy  of  the  tTbTZu."" 
records  of  votes  to  be  endorsed  on  the  envelope  contain- 


620 


Acts,  1898.  — Ciiai\  548. 


Examination  of 
returns  of  votes. 


Abstract  to  be 
furnished  to 
newspapers. 

Certificate  of 
examination. 


Summons  to 
be  issued. 

Certificates  of 
election  to  be 
issued. 


Returns,  etc.,  to 
be  delivered  to 
tlie  eecretarv. 


To  be  laid  be- 
fore legislature, 


To  be  filed  in 
office  of  secre- 
tary. 


Presidential 
electors,  exami- 
nation of  re- 
turns of  votes. 


Proclamation. 


Certificates  of 
election  to  be 
Issued  unless 
contested. 


ing  it ;  and  if  received  unsealed,  a  memorandum  thereof 
shall  be  made  on  the  copy. 

Section  244.  The  secretaiy  of  the  Commonwealth 
shall  lay  Ijefore  the  governor  and  council  the  copies  of  the 
records  of  votes  cast  with  their  seals  un])roken.  The  gov- 
ernor with  live  councillors,  at  least,  shall,  as  soon  as  may 
be,  open  and  examine  all  such  copies  and  determine  who 
are  elected  to  the  several  offices.  Upon  such  determina- 
tion the  secretary,  upon  application,  shall  furnish  to  news- 
papers an  al)stract  of  the  records  of  the  votes  examined. 

Section  245.  The  governor  shall,  in  the  presence  of 
at  least  five  councillors,  certify  to  the  results  of  the 
examination  of  the  co|>ies  of  the  records  of  the  votes  for 
Efovernor  and  lieutenant  orovernor,  for  councillors,  for 
secretary,  treasurer  and  receiver  general,  auditor  of  ac- 
counts, and  attorney-general,  and  for  senators,  and  shall 
issue  his  summons  to  such  persons  as  appear  to  be  chosen 
to  the  said  offices.  The  governor  shall  issue  certificates  of 
election  to  such  persons  as  appear  to  be  chosen  to  the  offices 
of  representative  in  congress,  clerk  of  the  courts,  register  of 
probate  and  insolvency,  sheriff,  and  district  attorney,  which 
shall  he  countersigned  and  transmitted  by  the  secretary. 

Section  246.  After  such  certification,  such  copies 
shall  l)e  replaced  in  their  respective  envelopes  and  deliv- 
ered with  the  certificate  of  examination  to  the  secretary, 
Avho  shall  on  the  Krst  Wednesday  in  January  lay  the  same, 
with  schedules  showing  the  number  of  ])allots  cast  for 
each  jierson  voted  for,  ])efore  the  senate  and  house  of 
representatives . 

Except  for  the  above  purposes,  all  such  copies,  both 
original  and  corrected,  transmitted  to  the  secretary,  shall 
remain  on  file  in  his  office  and  be  there  open  to  the  in- 
spection of  any  interested  party. 

Section  247.  The  copies  of  the  records  of  votes  for 
presidential  electors  shall,  in  any  event,  within  ten  days 
after  they  have  been  transmitted  to  the  secretary  of  the 
(\)minonwealth  ])e  opened  and  examined  by  the  governor 
and  council,  who  shall  thereafter  declare,  by  proclama- 
tion printed  in  at  least  one  newspaper  in  each  county, 
the  names  of  the  persons  Avho  have  received  at  least  one 
fifth  of  the  entii'c  number  of  votes  cast  for  electors,  and 
the  number  of  votes  received  by  each  such  person. 

The  several  persons,  to  the  number  of  electors  required 
to  be  chosen,  who  have  i-eceived  the  highest  number  of 
votes  so  ascertained,  unless  notice  of  a  contest  has  l)een 


Acts,  1898.  — Chap.  548.  621 

received  by  the  governor,  shall,  at  the  expiration  of  four- 
teen days  from  the  date  of  such  i)roclaniation,  be  deemed 
to  be  elected  ;  and  the  governor  shall  thereupon  issue  a 
certificate  of  election  to  every  such  person. 

Section  248.     Any  person  who  appears,  by  the  proc-  certain  persons 
laniation  of  the  governor,  to  have  received  not  less  than  f^r^adeciara- 
one  tifth  of  the  entire  number  of  votes  cast  for  electors,  ti"'^ °f  «i«°"°"- 
may,  Avlien  the  election  is  contested,  apply  by  petition  to 
the  supreme  judicial  court  for  the  county  of  Suflblk  for 
a  declaration  of  his  election  as  an  elector.      Such  petition 
shall  set  forth  the  name  of  every  person  whose  election 
is  contested  and  the  ground  for  the  contest,  shall  be  tiled 
within  seven  days  from  the  date  of  such  proclamation  and 
shall  not  thereafter  be  amended.     Before  any  proceedings 
thereon,  the  petitioner  shall   recognize  to  the  Common- 
wealth, in  such  sum  and  with  such  sureties  as  the  court 
shall  order,  to  pay  all  costs  incurred  in  the  prosecution 
of  his  jietition,  if  he  shall  not  prevail.     K  the  petitioner 
})revails,  the  costs  shall  be  paid  by  the  Commonwealth. 
The  court  shall  tix  a  day  for  a  hearing  by  the  full  court,  Day  to  be  fixed 
which  shall  be  not  less  than  three  nor  more  than  seven  notice^tcf' 
days  from  the  date  of  the  filing  of  the  petition,  and  shall 
order  notice  of  the  hearing  to  be  given,  with  a  statement 
of  the  substance  of  the  petition  in  such  manner  as  it  may 
direct,  to  the  governor  and  to  every  person  whose  elec- 
tion is  contested.     The  court  shall  also  order  such  notice 
to  be  published  in  at  least  one  newspaper  designated  by 
it  in  each  county. 

Section  249.     The  petitioner  and  the  contestant  may  petitioner  and 
appear  and  produce  evidence  at  the  hearing,  and  no  per-  appe^ar  and^ro- 
son  other  than  the  petitioner  or  a  contestant  shall  be  made  g^"*;®  evidence, 
a  party  to  the  })roceedings  on  such  petition,  or  be  heard 
thereon.      If  more  than  one  petition  is  pending,   or  the 
election  of  more  than  one  person  is  contested,  the  court 
may,  in  its  discretion,  order  the  cases  to  be  heard  together 
and    shall  apportion  the  costs    between  them,  and  shall 
finally  determine  all  questions  of  law  and  fact.    No  person  witneBses,  not 
shall  be  excused  from  testifying  or  producing  papers  or  notiiabieto 
documents  therein  on  the  ground  that  his  testimony  or  P™«e«"tion, 
the  production  of  the  papers  or  documents  will  tend  to 
criminate  him  ;   but  no  ])erson  so  testifying  shall  be  liable 
to  any  suit  or  prosecution,  civil  or  criminal,  for  any  mat- 
ter or  cause  in  respect  of  which  he  shall  be  so  examined 
or  to  which  his  testimony  shall  relate,  except  to  a  prose- 
cution for  perjury  committed  in  such  testimony, 


622 


Acts,  1898.  — Chap.  548. 


Court  to  certify 
its  decieion  to 
governor,  etc. 


Returns  of 
votes,  county 
commissionerB 
to  examine,  etc. 


Notice  to  secre- 
tary of  the 
Commonwealth. 


In  county  of 
Suffolk,  pro- 
ceedings of 
election  com- 
miseioners  of 
Boston. 


Board  of  exam- 
iners to  examine 
in  certain 
counties. 


Notice  to  secre- 
tary of  the 
Commonwealth. 


When  incom- 
plete, etc.,  new 
returns  to  he 
made,  etc. 


The  court  shall  forthwith  certily  its  decision  to  the  g:ov- 
ernor,  who  shall  thereupon  issue  certihcates  of  election 
in  accordance  therewith.  If  the  petitioner  does  not  pros- 
ecute his  petition  it  shall  be  dismissed  and  notice  thereof 
given  to  the  governor,  who  shall  issue  certificates  of  elec- 
tion to  the  persons  entitled  thereto. 

Section  250.  The  county  commissioners  to  whom  the 
copies  of  the  records  of  votes  for  county  treasurer  and 
register  of  deeds  have  been  transmitted  shall,  on  the  lirst 
Wednesday  of  the  month  following  the  election,  examine 
such  copies,  determine  what  persons  appear  to  be  elected, 
issue  certificates  of  election  to  them  and  give  notice  to 
the  secretary  of  the  Commonwealth  of  the  name,  residence 
and  term  of  office  of  every  person  elected. 

In  the  county  of  Suffolk  the  election  commissioners 
of  Boston,  shall,  within  ten  days  after  the  election  of  reg- 
ister of  deeds,  in  like  manner  examine  the  copies  of  the 
records  of  votes,  determine  who  api)ears  to  be  elected, 
issue  a  certificate  and  give  notice  as  above  provided. 

Section  251.  In  each  county  except  Suffolk  and  Nan- 
tucket, fhe  judge  and  register  of  the  probate  court  and 
the  clerk  of  the  courts  shall  be  a  board  of  examiners  ;  and 
if  two  of  said  offices  are  held  by  the  same  person  in  any 
county,  the  sherift*  shall  be  a  memljer  of  the  board.  The 
mem])ers  of  said  board  shall  each  be  paid  at  the  rate  of 
three  dollars  a  day  for  every  day  employed  in  the  per- 
formance of  their  duties,  and  ten  cents  a  mile  for  travel 
to  and  from  the  place  of  their  meeting  ;  and  their  accounts 
shall  be  audited  and  settled  by  the  county  treasurer. 
Said  l)oard  shall  meet  on  the  first  Wednesday  of  the 
month  following  an  election  for  county  commissioner  or 
special  commissioners  and  shall  examine  such  copies, 
determine  what  persons  appear  to  be  elected,  issue  cer- 
tificates of  election  to  them,  and  give  notice  to  the  sec- 
retary of  the  Commonwealth  of  the  name,  residence  and 
term  of  office  of  every  person  so  elected,  and  shall  within 
three  days  thereafter  deposit  said  copies  in  the  office  of 
the  clerk  of  the  courts. 

Section  252.  If  it  shall  appear  to  the  governor  and 
council,  to  the  board  of  examiners,  or  to  the  county  com- 
missioners, that  any  such  copy  is  incomplete  or  erroneous, 
they  may  order  a  new  copy  of  the  records  to  be  made  and 
transmitted  to  them.  Such  new  copy  shall  be  transmitted 
by  the  city  or  town  clerk  within  seven  days  thereafter, 


Acts,  1898.  — Chap.  548.  623 

and  if  found  to  be  correct,  and  in  conformity  to  the  re- 
(liiirements  of  law,  shall  have  the  same  force  as  a  tirst  copy. 

Section  253.     If  a  district  for  the  election  of  repre-  Representative 
sentatives  in  the  general  court  is  composed  of  one  city  cuy"r'town, 
or  town,  or  one  or  more  wards  of  a  city,  the  board  of  tj^^^' ^ec^d  *' 
aldermen  or  the  selectmen   shall  forthwith  examine  the 
records  of  the  votes  and  determine  who   appear  to   be 
elected.     The  city  or  town  clerk  shall  record  the  names 
of  all   persons  for  whom  votes  for  representative  were 
cast,  and  the  number  of  votes  for  each. 

Section  254.      In    other   representative   districts  the  in  other  dis- 
election  officers  in  every  voting  precinct  and  the  select-  rec*^o?d*'to be^ 
men  and  town  clerk  of  each  town  therein  not  divided  cuy'^rtown 
into  voting  precincts,  shall,  as  soon  as  the  vote  for  repre-  *'^^''''- 
sentatives  has  been  recorded,   cause  a  complete  copy  of 
such  record  to  be  made,  and  shall  certify,  seal  and  deliver 
it  to  the  city  or  town  clerk. 

The  city  and  town  clerks  in  such  districts  shall  meet  at  cierks  to  meet 
the  place  designated,  at  noon  on  the  tenth  day  following  eL'^tton^etc?'' 
the  day  of  the  election,  but  on  the  fourth  day  following 
the  day  of  an  election  to  fill  a  vacancy.  They  shall  ex- 
amine the  copies  of  the  records  of  votes  of  every  such 
voting  })recinct  and  town,  and  determine  who  appear  to 
l)e  elected  to  the  office  of  representative.  They  shall 
make  in  words  at  length  and  certify  a  schedule  of  the 
names  of  all  persons  for  w^hom  votes  for  representative 
were  cast  in  the  district,  and  the  numljer  of  votes  for 
each,  and  the  clerk  of  each  city  and  town  shall,  within  four 
days  after  the  day  of  the  meeting,  record  such  schedule. 

Section  255.     If  a  representative  district  is  included  ^i°ce^f^°e°etk.g 
within  the  provisions  of  the  preceding  section,  the  officers  of  clerks. 
autliorized  to  divide  the  county  into  re})resentative  districts 
shall,  in  making  such  division,  designate  a  place  in  each 
such  district  or  adjacent  thereto,  at  which  the  clerks  shall 
meet  to  determine  the  result  of  the  election.     Such  place  piacemaybe 
of  meeting  may  be  changed  on  petition  of  two  of  such  *=^*°^^- 
(.'lerks  after  a  hearing ;  l)ut  not  oftener  than  once  in  two 
years.     Notice  of  such  designation  and  of  every  change  Notice  to  be 
thereof  shall  be  given  by  the  said  officers  having  such  ^^'^°' 
authority  to  the  secretary  of  the  Commonwealth,  and  to 
every  city  and  town  clerk  in  the  district. 

Section  25<).     If  any  error  appears  in  the  coines  of  t'0"ect'on  of 

•  ...  ,   errors  in  records 

the  records  of  votes  for  a  representative,  the  city  and  of  votes  for 
town   clerks   shall  forthwith   irive   notice  thereof  to  ^|^g '^p'^*'''^"  "  *^®^- 


624 


Acts,  1898.  — Chap.  548. 


election  officers,  who  shall  thereupon  make  an  additional 
record  under  oath,  and  transmit  a  co})v  thereof  to  said 
clerks.      Such  additional  copy  shall  be  examined  by  them 
if  received  within  two  days  from  the  time  appointed  for 
their  meeting ;  and  for  such  purpose  their  meeting  may 
be  adjourned  for  not  more  than  two  days. 
dSn^toV/         Section  257.     The  board  of  aldermen,  or   the  select- 
iseued  in  dupu-  men,  or  the  city  or  town  clerks,  acting  in  a  representa- 
tive district,  shall  make  duplicate  certificates  of  election 
of  the  persons  ajjpearing   to   be  elected,  and  shall,  within 
Tranemieeion,    tiftecu  days    after  the   day  of  the  election,  transmit  one 
certiticate   to  the    secretary   of  the  Commonwealth,    and 
shall,   l>y  a  constable  or  other  officer,  transmit  the  other 
certiticate  to  the  person  elected.     Such  certificates  of  elec- 


tion 


diall  1)6  in  the  following  form 


Form  of 
certificate. 


Commonwoaltli  of  ISIassachusetts,  county  of 
At  a  meeting  of  the  qualitied  voters  of  Representative  District  ?s  um- 
ber ,  held  on  the  day  of  November  instant, 
for  the  choice  of  Representatives  in  the  General  Court  to  be 
holden  on  the  first  "Wednesday  of  .January  next  ,  were 
elected  to  said  office. 

Dated  at  the  day  of  in  the  year  one 

thousand  eiirlit  hmidred  and 


Officer  trane- 
mitting  to  make 
return,  etc. 


Returns  of  votes 
to  secretary 
of  the  Common- 
wealth. 


Whole  number 
of  ballotB  to  be 
stated  in  rec- 
ords, etc. 


Violation  of 
certain  require- 
ments not  to 
affect,  etc. 


There  shall  be  printed  on  every  such  form,  the  first 
four  sections  of  chapter  two  of  the  Public  Statutes,  and 
this  section  and  section  two  hundred  and  seventy-three 
of  this  act.  The  officer  transmitting  the  certiticate  shall 
make  a  return  of  his  doings. 

Section  258.  City  and  town  clerks  shall,  within  fif- 
teen days  after  an  election  for  representative  in  the  gen- 
eral court,  transmit  to  the  secretary  of  the  Conmion wealth 
an  attested  copy  of  the  record  of  votes  cast  for  all  can- 
didates for  said  office  in  each  voting  precinct  and  in  each 
town  not  divided  into  voting  precincts. 

Section  259.  The  whole  numl>er  of  l)allots  cast  at 
elections  shall  be  stated  in  words  at  length  in  the  records 
of  votes  and  in  all  copies  thereof,  l)ut  if  not  so  stated  the 
record  or  copy  shall  not  be  invalid  if  the  true  result  can 
l)e  ascertained  therefrom. 

Section  260.  A  violation  of  law  ])v  a  })ublic  officer 
or  election  officer  relative  to  })roviding  ballot  boxes, 
blank  forms  and  other  apparatus,  and  the  care  and  jn-es- 
ervation  thereof,  or  to  the  manner  of  canvassing  and 
counting  votes,  shall  not  invalidate  any  record  or  copy  of 


Acts,  1898.  — Chap.  548.  625 

a  record  or  certiticate  made  by  a  city,  precinct  or  town 
clerk,  or  at!ect  the  title  of  a  person  declared  to  be  elected 
to  otlice. 

Section  2(31.     The    city    or  town  clerk  shall,  within  Number  of 
fifteen  days  after  an  election  of  state,  city  or  town  offi-  "o  be  certified'^ 
cers,   certify  to  the   secretary  of  the  Conunonwealth  the  l^e common"* 
total    number    of    names    of  male   and    of  female    voters  ^^''i^ii- 
checked  on  the  voting  list  at  such  election  in  each  voting 
precinct  or  town. 

Section  2(i2.     The    secretary    of  the    Commonwealth  Report  of  num- 
shall,  before  the  first  day  of  February,  report  t(j  the  gen-  Joii^reSr^ 
eral  court  the   nunil)er  of  assessed  polls,  the  number  of  ^°*®"'  '^*''- 
registered  male  and  female  voters  at  the  date  of  the  pre- 
ceding annual   state  election  and  city  or  town  election, 
and  the  total  number  of  persons,  both  male  and  female, 
who  voted  at  each  such  election  in  every  city  and  town 
and  in  every  voting  precinct  therein,  and  the  number  of 
votes  received  by  each  candidate  for  a  state  ofiice,  arranged 
by  cities,  towns  and  districts,  and  a  concise  statement  of 
other  matters  relating  to  elections,  with  such  suggestions 
as  he  may  deem  advisal^le. 

(i.       RECOUNTS    OF    VOTES. 

Section  2G3.  If  a  person  who  has  received  votes  for  contested  ciec- 
any  office  at  an  election,  within  thirty  days  thereafter  re'tain^'baiioto. 
shall,  l)v  himself  or  In'  his  agent,  serve  upon  a  city  or 
town  clei'k  a  written  claim  to  such  office  or  a  declaration 
of  an  intention  to  contest  the  election  of  any  other  per- 
son, the  clerk  shall  retain  the  envelopes  containing  the 
l)allots  for  such  office  until  such  claim  is  withdrawn  or 
the  contest  is  determined.  The  envelopes  and  ))allots 
shall  be  subject  to  the  order  of  the  body  to  which  such 
person  claims  to  ])e  elected,  or  of  the  officers  required  by 
law  finally  to  examine  the  records  and  to  issue  certifi- 
cates of  election  to  such  office,  or  of  any  court  having 
jurisdiction  thereof.  Such  body  or  officers  may  reiiuire  Recountof 
the  clerk  to  ])roduce  such  envelopes  and  ballots,  and  may 
recount  the  ballots  and  amend  any  record  or  copy  thereof 
in  relation  to  such  office. 

Section   2(54.      If,  on  or  before  five  o'clock  on  the  third  ord°"f 'eVcTion 
day  next  succeedinfj  the  day  of  any  election   in  any  ward  oiBcera, state- 

.'  .  .  ~  ■  I  •  '     1        '  r  lucnt,  etc. 

ot  a  city  or  in  any  town,  ten  or  more  qualihed  voters  ot 
such  ward  or  town  shall  siirn,  adding  thereto  their  respec- 


626 


Acts,  189S.  — Chap.  54:8. 


Statement,  etc., 
to  be  trans- 
mitted to  regis- 
trars of  voters. 

Determination 
of  questions 
raised. 

Proviso. 


Candidates  and 
person K  repre- 
sentinc  peti- 
tioners to  be 
notified. 


Persons  who 
may  be  present 
and  witiiesB 
recount. 


tive  residences  on  the  first  daj"  of  Maj'  of  that  year, 
swear  to  and  file  with  the  city  or  town  clerk,  or  in  Boston 
with  the  board  of  election  connnissioners,  a  statement  that 
they  have  reason  to  ))elieve,  and  do  believe,  that  the  rec- 
ords, or  copies  of  records,  made  by  the  election  officers 
of  certain  precincts  in  such  ward  or  town,  or  in  case  of 
a  town  not  voting  by  precincts  by  the  election  officers  of 
such  town,  are  erroneous,  specifying  wherein  they  deem 
them  to  be  in  error  and  that  they  believe  a  recount  of  the 
ballots  cast  in  such  precincts  or  town  Avill  afl^ect  the  elec- 
tion of  one  or  more  candidates  voted  for  at  such  election 
(specifying  the  candidates),  or  will  affect  the  decision  of 
a  question  voted  upon  at  such  election  (specifying  the 
question),  the  city  or  town  clerk  shall  forthwith  transmit 
such  statement  to  the  board  of  registrars  of  voters,  to- 
gether with  the  envelopes  containing  the  ballots,  sealed  ; 
and  the  board  of  registrars  of  voters  shall,  without  un- 
necessary delay,  open  the  envelopes,  recount  the  Ijallots 
and  determine  the  questions  raised  :  provided,  hoicever, 
that  in  case  of  a  recount  of  votes  for  town  officers  in 
a  town  where  the  selectmen  are  members  of  the  board 
of  registrars  of  voters  said  recount  shall  be  made  ])\  the 
moderator,  who  shall  have  all  the  i)owers  and  perform  all 
the  duties  conferred  or  imposed  by  this  section  upon  r(\<r- 
istrars  of  voters. 

The  board  of  registrars  of  voters,  or  in  Boston  the 
board  of  election  commis.sioners,  shall,  before  j)roceeding 
to  recount  the  ballots,  give  notice  in  writing  to  the  several 
candidates  interested  in  such  recount  and  liable  to  be  af- 
fected thereby,  or  to  such  person  as  shall  be  d(\signated  by 
the  petitioners  for  a  recount  of  ballots  cast  upon  questions 
submitted  to  the  voters,  of  the  time  and  place  of  making 
the  recount,  and  each  such  candidate  or  person  represent- 
ing petitioners  may  appear  and  be  present  during  such  re- 
count, either  in  person  or  by  an  agent  ap])()inted  by  him  in 
Avriti ng.  In  the  city  of  Boston,  the  chaii-man  of  the  city 
connnittee  representing  the  largest  political  party  and  the 
chairman  of  the  city  committee  representing  the  second 
largest  political  ])ai-tv  may  in  writing  designate  two  per- 
sons, or  such  furthei-  number  as  the  board  of  election  com- 
missioners may  allow,  to  be  present  and  witness  the  count, 
and  said  board  shall  allow  each  candidate  whose  election  is 
in  (question,  or  his  representative,  to  be  prcbcnt,  and  said 


Acts,  1898.  — Chap.  548.  627 

lioard  may  allow  representatives  of  other  political  parties 
and  other  persons  to  be  present  and  witness  the  recount. 

All  recounts  shall  be  upon  the  questions  designated  in  Recounts  to  be 
the  statements  tiled,  and  no  other  count  shall  be  made,  dSalefin"' 
or  allowed   to  be  made,  or  other  information  taken,  or  ^^'^^^'^^'i'^- 
allowed  to  be  taken,  from  the  ballots  on  such  re-count. 

The  ])()ard  of  registrars  of  voters  shall,  when  the  recount  Envelopes  to  be 
is  complete,  enclose  all  the  ballots  in  their  proper  enve-  dorsed,  etc. 
lopes,  seal  each  envelope  with  a  seal  provided  for  the 
})urpose,  and  certify  ui)on  each  enveloi)e  that  the  same  has 
l)een  opened  and  again  sealed  in  conformity  to  law;  and 
shall  likewise  make  and  sign  a  statement  of  their  deter- 
mination of  the  questions  raised.     The  envelopes,  with  To  be  returned 
such  statement,   shall  be  returned  to  the   city  or  town  derkfe'ic.**"'''' 
clerk,  and  he  shall  alter  and  amend  such  records  as  have 
been  found  to  l)e  erroneous  in  accordance  with  such  deter- 
mination ;  and  the  records  so  amended  shall  stand  as  the 
true  records  of  the  election.     Such  amended  records  of  Amended rec- 
^■{)tes  cast  at  a  state  election  shall  be  made  and  transmitted  of  election. 
as  required  by  law  in  the  case  of  copies  of  original  rec- 
ords.    If,  in  case  of  a  recount  of  votes  for  town  officers, 
it  shall  appear  that  a  person  was  elected  other  than  the 
person  declared  to  have  been  elected,  the  board  of  regis- 
trars of  voters  shall  forthwith  make  and  sign  a  certificate 
of  such  fact,   stating  therein  the  number  of  votes   cast, 
as  determined  l)y  the  recount,  for  each  candidate  for  the 
office  the  election  to  which  is  disputed,  and  shall  file  the 
same  with  the  town  clerk.     The  town  clerk  shall  record 
the  certificate  and  shall,  Avithin  twenty-four  hours  after 
such  filing,  cause  a  copy  of  such  certificate,  attested  by 
him,  to  be  delivered  to  or  left  at  the  residence  of  the  per- 
son so  declared  to  have  been  elected,  and  to  the  person 
who  by  such  certificate  ap|)ears  to  be  elected. 

Boards  of  registrars  of  voters  are  hereby  authorized  clerical  assiet- 
and  empowered  to  employ  such  clerical  assistance  as  they 
may  deem  necessary  to  enable  them  to  carry  out  the  pro- 
visions of  this  act  in  relation  to  recounts. 

Section  'JiMS.     Xo  officer  recounting  ballots  shall,  ex- information  not 
ce])t  as  required  by  law,  make  any  statement  or  give  any  gard^ing^ciiVh 
information  in  reufard  to  a  l)allot  cast  by  a  challenofed  voter.  ^^^^^^  ^■°*®'"- 

Sectiox  2(>().     The  board  of  aldermen  shall  not  declare  Result  of  eiec- 
the  result  of  an  election  for  state  or  city  officers,  or  of  a  not°to be de^" 
vote  u\Hm  any  (juestion  submitted  to  the  voters,  until  the  certabi"time? 


628 


Acts,  1898.  — Chap.  548. 


time  for  filinsf  a  petition  for  a  recount  of  l)allots  ha>  ex- 
pired, or,  if  such  petition  has  l)een  filed,  until  the  ballots 
have  l)een  recounted  and  the  returns  amended,  notwith- 
standino-  any  special  act  relating  to  such  city.  After 
the  ballots  have  been  recounted  and  the  records  amended, 
said  board  shall  forthwith  declare  the  result  of  the  elec- 
tion, and  the  city  clerk  shall  thereupon  issue  certificates  of 
Persons  elected  their  clcction  to  the  persons  elected.  No  })erson  elected 
certiticates  are  to  a  city  oflfice  sliall  act  iu  au  official  ca})acity  l)y  virtue 
of  such  election  before  such  certificate  has  ])een  issued. 


Secretary, 
treasurer  and 
auditor  to  ex- 
amine voting 
and  counting 
machines. 


To  approve  cer- 
tain machines. 


Only  approved 
machines  to  be 
used. 


Cities  and  towns 
may  purchase 
approved  voting 
and  counting 
machines. 


Use  of  ma- 
chines. 


Title  VI. 

1.   VOTING  MACHINES  AND  APPARATUS. 

Section  267.  The  secretary  of  the  Commonwealth,  the 
treasurer  and  receiver  general  and  the  auditor  of  accounts 
shall  at  such  times,  under  such  conditions,  and  after  such 
pul)lic  notice  as  they  shall  determine,  examine  voting  and 
counting  machines  and  apparatus  ;  and  they  shall  certify 
their  approval  of  such  machines  as,  in  their  judgment, 
furnish  convenient,  simple  and  satisfactory  means  of 
votiuir  and  of  ascertainino:  the  true  result  thereof  with 
facility  and  accuracy,  special  regard  being  had  to  the 
preventing  and  detecting  of  double  voting ;  but  no 
machine  shall  be  approved  which  does  not  secure  to  the 
voter  a  degree  of  secrecy  in  voting  equal  to  that  afforded 
by  the  use  of  the  official  ballot  as  provided  by  law.  No 
machine  except  such  as  is  approved  in  accordance  with 
the  provisions  of  this  section  shall  be  used  at  anv  election 
or  caucus  in  this  Commonwealth ;  nor  shall  any  such 
machines  be  used  except  in  accordance  with  this  and  the 
three  following  sections. 

Section  268.  A  city  or  town  may,  at  a  meeting  held 
not  less  than  ten  days  before  the  annual  city  election  in  a 
city  and  the  annual  town  meeting  in  a  town,  determine 
upon,  purchase  and  order  the  use  of  one  or  more  voting 
and  counting  machines,  approved  as  i)rovided  in  the  pre- 
ceding section,  at  elections  of  state,  city  or  town  officers 
in  said  city  or  town,  and  thereafter  at  all  elections  of 
state,  cit}''  or  town  officers  in  said  city  or  town,  until 
otJicrwise  ordered  by  the  aldermen  in  a  city  and  the 
selectmen  in  a  town,  said  machines  shall  be  used  for  the 
purpose  of  voting  for  the  officers  to  be  elected  at  such 
elections  and  for  taking  the  vote  u])on  the  (jucstion  of 


Acts,  1898.  — Chap.  5^8.  629 

grantino-  licenses  for  the  sale  of  intoxicating  liquors,  and 
shall  also  bo  used  at  caucuses  whenever  in  a  town  or  a 
ward  of  a  city  fifty  voters,  members  of  the  political  party 
whose  caucus  is  to  be  held,  shall  sign  and'  file  such 
reijuest  with  the  city  or  town  clerk,  or  in  Boston  with  the 
board  of  election  connnissioners  :  provided^  hoioever,  that  Proviso, 
in  Boston  the  power  to  determine  upon  voting  and  count- 
ing machines  shall  be  vested  in  the  board  of  election 
connnissioners,  and  the  power  to  purchase  and  order  such 
machines  shall  be  vested  in  the  board  of  aldermen. 

Section  2(39.     When    voting  and    counting  machines  Persone  of 

hTT  i,j  /•!  1     whom  macbinee 

ased  and  approved   the  persons  ot  whom  such  are  purchaBed 

machines  are  purchased  shall  give  to  the  secretarj^  of  the  *o^&i^'«  ^o'^'^- 

C'ounnonwealth  a  bond,  with  sutficient  securities,  to  keep 

such  machines  in  good  working  order  for  two  3^ears  at 

their  own  expense. 

Section  270.     The  secretary  of  the   Commonwealth,  Regulations  to 

1  t       1  T  .be  made  and 

the   treasurer  and   receiver  general,  and   the   auditor  ot  instmctione 
accounts  shall  make  regulations  for  the  use  of  the  machines 
ajiproved  by  them,  and  prepare  and  furnish  suitable  in- 
structions for  the  voters  in  cities  or  in  towns  Avhere  such 
machines  are  used. 

Title  Vn. 

1.       PROCEEDINGS     IN     CASES     OF     FAILURE    TO     ELECT     AND 
VACANCIES    IN    STATE    OFFICES. 

Section  271.     If  upon  examination  of 'the  copies  of  P'^esidentiai 

(T  •I'll  •  ek-ctore,  failure 

the  records  of  votes  for  presidential  electors  it  appears  to  elect  a 
that  a  majority  of  the  whole  number  of  electors  has  not  ™^-'°"^" 
been  chosen,  the  governor  shall  forthwith,  by  proclama- 
tion, call  together  the  general  court  ;    and  the  senators 
and  representatives  assembled  in  joint  convention  shall 
by  ballot  choose  electors  to  complete  the  full  number. 

If  the  whole  number  of  electors  has  not  been  chosen  vacancy  or  ab- 
when    the   electors  meet  on  the   second  Wednesday    in  meeTing.  ""^  ° 
January,  or  if  an  elector  has  died   or  is  then  absent, 
the  electors  present  shall  forthwith  choose  from  the  citi- 
zens of  the  Commonwealth  electors  to  com})lete  the  full 
nunit)er. 

Section  272.     Upon  a  failure  to  choose  a  representa-  RepreBentative 

,.  .  ■  •  1         /c  il.      in  congreee, 

tive   in  congress  or  upon  a  vacancy  in  said   omce,  the  failure  to  elect 
governor  shall  cause  precepts  to  be  issued  to  the  alder-  «"■  ^■'*'=^'=y- 
men  in  every  city  and  the  selectmen  in  every  town  in  the 
district,  directing  them  to  call  meetings  of  the  voters,  on 


630 


Acts,  1898.  — Chap.  54.S. 


Representative 
in  general  court, 
failure  to  elect 
or  vacancy. 


District  attor- 
ney and  county 
officers,  failure 
to  elect. 


Vacancy,  elec- 
tion. 


Vacancy,  ap- 
pointment. 


Vacancy,  clerk 
of  superior 
court,  Suffolk 
county. 


County  treas- 
urer, register  of 
deeds,  failure  to 
elect. 


the  day  appointed  therein,  for  the  election  of  sucli  repre- 
sentative. 

Section  273.  Upon  a  faihire  to  choose  a  representa- 
tive in  the  general  couit,  a  certificate  thereof  shall  l)e 
forthwith  transmitted  to  the  secretary  of  the  Connnon- 
wealth  l)y  the  officers  recjuired  to  transmit  certificates  of 
election,  and  shall  be  by  him  laid  before  the  speaker 
of  the  house-  of  representatives.  Upon  such  failure  to 
elect  and  also  upon  a  vacancy  in  the  office,  the  speaker 
shall  issue  precepts  to  the  board  of  aldermen  of  each 
city  and  the  selectmen  of  each  town  comprising  such 
district  or  any  part  thereof,  appointing  such  time  as  the 
house  of  representatives  may  order,  for  an  election  to 
choose  a  representative.  Upon  the  receipt  of  such  })re- 
cepts,  the  aldermen  and  the  selectmen  shall  call  meetings 
of  the  qualified  voters  in  such  district,  to  be  held  in 
accordance  with  the  precepts. 

Section  274.  Upon  a  failure  to  choose  a  district  attor- 
ney, clerk  of  the  courts,  register  of  })ro])ate  and  insol- 
vency, or  sheriti',  the  governor  shall  cause  precepts  to  be 
issued  to  the  proper  officers,  directing  them  to  call  meet- 
ings of  the  A'oters,  on  the  day  appointed  therein,  for  the 
election  of  such  officer. 

Upon  a  vacancy  by  removal  or  other\rise  in  any  of  the 
above-named  offices,  he  shall  in  like  manner  cause  pre- 
cepts to  be  issued  for  an  election  to  fill  such  vacancy  at 
the  next  annual  state  election  for  which  precepts  can  be 
seasonal)ly  issued. 

Upon  a  vacancy  in  the  office  of  district  attorney,  regis- 
ter of  probate  and  insolvency  or  sherift',  the  governor 
with  the  advice  and  consent  of  the  council  may  a})p()int 
some  i)erson  thereto  until  a  district  attorney,  register  of 
probate  and  insolvency  or  sheriff  is  elected  and  qualified. 
Upon  a  vacancy  in  the  office  of  clerk  of  the  courts  in  any 
county,  or  of  the  clerk  of  the  supreme  judicial  court  in 
the  county  of  Suffolk,  the  justices  of  said  court  may  ap- 
point a  clerk  who  shall  hold  the  office  until  a  clerk  is 
elected  and  qualified. 

Upon  a  vacancy  in  the  office  of  a  clerk  of  the  superior 
court  in  the  county  of  Suffolk  the  justices  of  said  court 
may  aj)})oint  a  clerk. 

Section  275.  Upon  a  failure  to  choose  a  county  treas- 
urer or  a  register  of  deeds  for  any  county  or  district, 
except  the  counties  of  Suttblk  and  Xantucket,  the  county 


Acts,  1898.  — Chap.  548.  631 


commissioners  shall  forthwith  issue  precepts  to  the  l)oai-d 
of  aldonnen  of  each  city  and  the  selectmen  of  each  town 
in  such  county  or  district,  directing  them  to  call  meetings 
of  the  voters  for  the  election  of  such  officer  on  a  day 
appointed  therein. 

Upon  a  vacancy  l)y  removal  or  otherwise  in  the  office  vacancy,  eiec 
of  county  trea.-^urer  or  of  register  of  deeds  in  any  county  ***"^' 
or  district,  except  the  counties  of  Suilblk  and  Nantucket, 
the  county  commissioners  shall  in  like  manner  issue  pre- 
cepts for  an  election  to  till  such  vacancy  at  the  next  annual 
state  election  for  which  precepts  can  be  seasonaljly  issued, 
and  may  appoint  some  person  to  fill  such  office  until  a 
person  is  elected  thereto  and  qualified. 

Upon  a  failure  to  cht)ose    a  register    of  deeds  in  the  Register  of 
county  of  Suffolk,  or  upon  a  vacancy  in  that  office,  the  M^uretoeiea', 
board  of  aldermen  of  the  city  of  Boston  shall  call  meet-  vacancy. 
ings  to  elect  a  register  of  deeds  or  to  fill  such  vacancy, 
as  is  above  provided  for  an  election  in  other  counties  ; 
and,  upon  a  vacancy  in  that  office  in  said  county  of  Suftblk, 
the  superior  court  shall  appoint  some  person  to  the  office 
until  a  person  is  elected  thereto  and  qualified. 

Upon  a  failure  to  choose  a  register  of  deeds  in  the  Nantucket, 
county  of  Nantucket,  or  upon  a  vacancy  in  that  office,  the  vacancy?  ^'^*'*' 
selectmen  of  the  town  of  Nantucket  shall  call  a  meeting: 
to  elect  a  register  of  deeds  as  is  above  provided  for  an 
election  in  other  counties,  and  may  appoint  some  person 
to  the  office  until  a  person  is  elected  thereto  and  quali- 
fied. 

Section  27B.     Upon  a  failure  to  choose  a  county  com-  county  or 
missioner  or  special  commissioner,  the  board  of  examiners  bPo'd"?!  faX?^'*' 
shall  forthwith  issue  precepts  to  the  board  of  aldermen  of  to  elect. 
each  city  and  to  the  selectmen  of  each  town  in  such  county, 
directing  them  to  call    meetings    of  the  voters  to  elect 
such  officer,  on  a  day  appointed  therein.     In  the  county  of 
Middlesex,  such  precept  shall  also  be  issued  to  the  l)oard 
of  aldermen  of  the  city  of  Cholsea  and  the  selectmen  of 
the  towns  of  Revere  and  Winthrop. 

Upon  a  vacancy  by  removal  or  otherwise  in  the  office  vacancy, 
of  county  commissioner  or  special  commissioner,  the  ^'®''^*''°- 
board  of  examiners  shall  in  like  manner  issue  precepts 
tor  an  election  to  fill  such  vacancy  at  the  next  annual 
state  election  for  which  precepts  can  be  seasonably  issued, 
except  that  no  such  election  shall  be  held  unless  the  tenn 
of  office  of  the  commissioner  whose  office    is  so  vacant 


632 


Acts,  1898.  — Chap.  548. 


Vacancy, 
appointment. 


District  attor- 
ney or  county 
officers,  va- 
cancy. 


Secretary  of  the 
Commonwealth 
to  be  notified. 


Copy  of  pre- 
cepts to  secre- 
tary. 

Elections  to  fill 
vacancies,  pro- 
ceedings. 


extends  bej^ond  the  first  AVednesday  of  January  next  suc- 
ceeding the  day  of  such  election. 

Upon  a  vacancy  in  said  offices,  the  county  connnis- 
sioners  or  the  two  remaining  county  commissioners,  as 
the  case  may  l)e,  and  the  clerk  of  the  courts  for  the 
county,  or  a  majority  of  them,  may  appoint  some  person 
to  fill  such  office  until  a  person  is  duly  elected  to  the 
office  and  fjualified. 

Section  277.  If  there  is  a  vacancy  in  the  office  of  dis- 
trict attorney,  clerk  of  the  courts,  register  of  probate  and 
insolvency,  sheriff,  county  treasurer,  register  of  deeds, 
county  commissioner  or  special  commissioner,  the  term  of 
which  expires  on  the  first  ^Vednesday  of  January  follow- 
ing the  next  annual  state  election  for  which  precejits  can 
be  seasonably  issued,  no  precepts  shall  be  issued  or  elec- 
tion held  to  fill  such  vacancy. 

Section  278.  The  county  conmiissioners  in  each 
county  sliall  forthwith  notify  the  secretary  of  the  Com- 
monwealth of  any  vacancy  in  the  office  of  county  treasurer 
or  of  register  of  deeds  ;  and  the  board  of  examiners  shall 
give  like  notice  to  the  secretary  of  any  vacancy  in  the 
office  of  county  connnissioner  or  special  conunissioner, 
and  in  each  case  they  shall  send  to  him  a  copy  of  the  pre- 
cepts issued  by  them  for  an  election. 

Section  279.  At  elections  held  because  of  a  failure 
to  elect  or  to  fill  vacancies,  the  proceedings  shall  he  the 
same,  so  far  as  applicable,  as  in  elections  to  the  same 
office  at  the  annual  state  election. 


Presidential 
electors,  meet- 
ing, organiza- 
tion. 


Proceedings. 


Title  VIII. 
1.     proceedings  of  presidential  electors. 

Section  280.  The  persons  chosen  presidential  electors 
shall  meet  at  the  state  house  on  the  Saturday  preceding 
the  second  Monday  in  January  succeeding  their  election, 
at  three  o'clock  in  the  afternoon,  and  organize  by  the 
choice  of  a  presiding  officer  and  secretary.  The  secretary 
of  the  Commonwealth  shall  call  the  meeting  to  order,  call 
the  roll  of  electors,  and  preside  until  a  presiding  officer 
shall  be  chosen. 

If,  on  the  second  ^ronday  in  January,  the  whole  num- 
ber of  electors  has  not  been  cliosen  or  if  any  electors  have 
died  or  are  then  absent,  the  electors  present  shall  forth- 
with   choose   from    the   citizens    of   this    Commonwealth 


Acts,  1808.  — Chap.  548.  633 

electors  to  complete  the  fall  nunil)cr.  Thoy  shall  there- 
upon voto  by  ballot  for  president  and  vice  president  of  the 
United  States,  one  oH  whom  at  least  shall  not  be  an  in- 
habitant of  this  Commonwealth.  'I'hey  shall  name  in  their 
ballots  the  person  voted  for  as  president,  and  in  distinct 
ballots  the  i>erson  voted  for  as  vice  president ;  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  presi- 
dent and  of  all  persons  voted  for  as  Aace  president,  and 
of  the  number  of  votes  for  each,  which  lists  they  shall 
sio'u  and  certity,  and  transmit,  sealed,  to  the  seat  of  <i'ov- 
ernment  of  the  United  States,  directed  to  the  president 
of  the  senate  ;  and  they  shall  in  all  res})ects  proceed  con- 
formably to  the  constitution  and  laws  of  the  United  States. 
The  secretarv  of  the  electoral  coUeiie  shall  keep  a  iournal  Journal  to  be 
of  its  proceedinos  and  deposit  the  same  in  the  othce  of  the 
secretary  of  the  Commonwealth,  where  it  shall  be  recorded 
and  tiled. 

Section  281.     Each  elector  shall  receive  from  the  treas-  compensation, 
ury  ofthe  Conunonwealth  three  dollars  for  each  day  of 
attendance  and  one  dollar  for  every  five  miles  of  travel 
from  his  place  of  residence  to  the  place  of  meeting. 

Title  IX. 

1.       CORRUPT    PRACTICES. 

Section  2S2.     Xo  person  shall,  in  order  to  aid  or  pro-  candidate  for 
mote  his  own  nomination  as  a  candidate  for  public  office,  payment of^' 
by  caucus,   convention  or  nomination  pa})ei",  directly  or  '°°"'^>  >  ®^*=- 
indirectly,  by  himself  or  through  another  })erson,  or  by 
a  political  committee,  give,  pay,  expend  or  contribute,  or 
proiuise  to  give,  pay,  expend  or  contribute,  any  money 
or  other  valuable  thing,  except  for  personal  expenses  as 
hereinafter  provided. 

Section  283.  Xo  person  shall,  in  order  to  aid  or  pro-  PromiBeofap. 
mote  his  own  nomination  or  election  to  a  public  office,  di-  p°'°  ™^°*' ®**=' 
rectly  or  indirectly.  In'  himself  or  through  another  person, 
promise  to  api)oint,  or  pi-oniise  to  secure  or  assist  in  secur- 
ing the  appointment,  nomination  or  election  of  another 
person  to  a  public  jjosition  or  employment  or  to  a  position 
of  honor,  trust  or  emolument,  except  that  he  may  announce 
or  detine  what  is  his  choice  or  purpose  in  relation  to  an 
election  in  which  he  may  l)e  called  to  take  })art,  if  elected. 

Section  284.     Xo  person  shall,  in  order  to  aid  or  pro-  payment,  etc., 
mote  his  own  election  to  a  public  office,  directly  or  indi-  ut^°etc/^^" 


634 


Acts,  1898.  — CuAr.  rj^S. 


Personal  ex- 
penees. 


Need  not  be  in- 
cluded in  state- 
ment. 

Voluntary  pay- 
ment to  com- 
mittee. 


Political  com- 
mittee. 


TreaHurer,  ac- 
counts. 


Receipt  or  dis- 
burgement  of 
money  prohib- 
ited until  treas. 
urer  is  chosen. 


rectly,  by  himself  or  through  another  person,  give,  pay, 
expend  or  contribute,  or  promise  to  give,  pay,  expend  or 
contril)ute,  any  money  or  other  vahial)le  thing,  except  for 
personal  expenses  or  to  a  political  committee  as  herein- 
after provided. 

Section  285.  A  candidate  for  nomination  or  for  elec- 
tion to  a  public  office,  and  any  other  person,  may  incur 
and  pay,  in  connection  with  such  nomination  or  election, 
his  own  personal  ex})enses  for  travelling  and  for  pur- 
poses properly  incidental  to  travelling  ;  for  writing,  print- 
ing and  preparing  for  transmission  any  letter,  circular  or 
other  pul)lication  not  issued  at  regular  intervals,  whereliv 
he  may  state  his  position  or  views  upon  ])ublic  or  other 
questions ;  for  stationery  and  postage,  for  telegraph,  tele- 
phone and  other  public  messenger  service,  and  for  other 
petty  personal  purj^oses,  but  all  such  expenses  shall  be 
limited  to  those  which  are  directly  incurred  and  paid  by 
him.  Such  pers(jnal  ex])enses  need  not  be  included  in  any 
statement  required  of  him. 

Section  286.  A  person  nominated  as  a  candidate  or 
voted  for  with  his  assent  for  ])ul)lic  office,  may  make  a 
voluntary  payment  of  money  or  a  voluntary  and  uncon- 
ditional promise  of  payment  of  money  to  a  political 
committee  for  the  promotion  of  the  principles  of  the  party 
which  it  represents,  and  for  its  general  purposes. 

Section  287.  The  term  "political  committee"  under 
the  provisions  of  this  act  relating  to  corrupt  practices 
shall  apply  to  every  committee  or  coml)ination  of  three 
or  more  persons  who  shall  aid  or  promote  the  success  or 
defeat  of  a  political  party  or  principle  in  a  })u])lic  election 
or  shall  aid  or  take  i)art  in  the  nomination,  election  or 
defeat  of  a  candidate  for  public  office.  Every  political 
committee  shall  have  a  treasurer,  who  is  a  voter  of  the 
Commonwealth,  and  shall  cause  him  to  keep  detailed 
accounts  of  all  money,  or  its  ecjuivalent,  received  l)y  or 
promised  to  the  committee,  or  l)y  or  to  any  person  acting 
under  its  authority  or  in  its  liehalf,  and  of  all  expendi- 
tures, disbursements  and  promises  of  i)ayment  or  dis- 
l)ursement  made  by  the  committee  or  by  any  person  acting 
under  its  authority  or  in  its  behalf.  Xo  person  acting 
under  its  authority  or  l^ehalf  shall  receive  any  money  or 
its  equivalent,  or  exi^end  or  disl^urse  the  same,  until  the 
committee  has  chosen  a  treasurer. 


Acts,  1898.  — Chap.  548.  635 

Section  288.  AVhoGver,  acting  under  the  authority  or  Agent  to  ac 
in  belialf  of  a  political  connnittee  receives  any  money  urer,\*rc.*'^*"^ 
or  its  e(|uivaleut,  or  promise  of"  the  same,  or  ex})ends  or 
incurs  any  liability  to  })ay  the  same,  shall,  on  demand, 
and  in  any  event  within  fourteen  days  after  such  re- 
ceipt, expenditure,  promise  or  liability,  o;ive  to  the  treas- 
urer a  detailed  account  of  the  same,  Avith  all  vouchers 
re(iuired  by  this  act,  which  shall  be  a  part  of  the  accounts 
and  tiles  of  such  treasurer. 

Section  289.  The  treasurer  of  every  political  com-  Treasurer  to 
mittee  which  receives,  expends  or  dislnirses  any  money  ®  *'***■"*''• 
or  its  e(iuivalent,  or  incurs  any  lia])ility  to  pay  money 
in  connection  with  any  nomination  or  election  to  an 
amount  exceeding  twenty  dollars,  shall,  Avithin  thirty  days 
after  such  election,  tile  a  statement  setting  forth  all  the 
receipts,  expenditures,  disbursements  and  liabilities  of  the 
committee,  and  of  every  officer  and  other  person  acting 
under  its  authority  or  in  its  behalf.  It  shall  include  the  f  ontents  of 
amount  in  each  case  received,  the  name  of  the  person  or  b^^™«°*- 
committee  from  whom  received,  the  date  of  its  receipt, 
the  amount  of  every  expenditure  or  disbursement,  the 
name  of  the  person  or  committee  to  whom  it  was  made, 
and  the  date  thereof;  and,  except  where  such  expendi- 
ture or  disbursement  was  made  to  another  political  com- 
mittee, shall  clearly  state  the  purpose  of  such  expenditure 
or  disl)ursement ;  also  the  date  and  amount  of  every  exist- 
ing promise  or  liability,  both  to  and  from  such  commit- 
tee, remainino;  unfulfilled  and  in  force  when  the  statement 
is  made,  the  name  of  the  person  or  conmiittee  to  or  trom 
whom  the  unfulfilled  i)romise  or  lial)ility  exists,  and  a 
clear  statement  of  the  purpose  for  Avhich  the  promise  or 
liability  was  made  or  incurred. 

Section  290,  Whoever,  acting  otherwise  than  under  certain  persons 
the  authority  or  in  behalf  of  a  political  connnittee  having  ment^etc!*' 
a  treasurer,  receives  money  or  its  equivalent,  or  expends 
or  disburses,  or  promises  to  expend  or  disburse  money 
or  its  equivalent,  to  an  amount  exceeding  twenty  dol- 
lars, to  aid  or  promote  the  success  or  defeat  of  a  politi- 
cal party  or  ])riii('ipU'  in  any  election,  or  to  aid  or 
infiuence  the  nomination,  election  or  defeat  of  a  candidate 
for  office,  shall  file  in  the  city  or  town  where  he  is  a 
voter,  the  statement  required  by  the  ])receding  section, 
and  shall  be  subject  to  all  the  dutica  rciiuired  by  this  act 


636 


Acts,  1898.  — Chap.  548. 


Persons  not 
voters,  receipts, 
expenditures, 
etc. 


Payments,  etc., 
name  of  payer, 
etc. 


Soliciting,  etc., 
money  from 
candidate  pro- 
hibited, etc. 


Candidate  not 
to  pay  money 
when  solicited, 
etc. 


Naturalization 
fees,  payment 
of,  etc. 


Treasurer's 
statement,  fil- 
ing, etc. 


Certain  state- 
ment to  be  filed 
in  duplicate,  etc. 


Oath. 


of  a  political  committee  or  the  treasurer  thereof ;  but  no 
person  except  a  voter  of  the  Commonwealth  .shall  receive, 
expend  ov  disburse  any  money  or  its  equivalent  or  promise 
to  expend  or  disl)urse  any  money  or  its  equivalent,  for 
either  of  the  purposes  above-named,  except  for  personal 
expenses  as  is  herein  provided,  or  under  the  authority  or 
in  ))ehalf  of  a  political  committee. 

Section  291.,  No  person  shall,  directly  or  indirectly, 
by  himself  or  through  another  person,  make  a  payment  or 
promise  of  payment  to  a  political  committee  or  to  any 
person  acting  under  its  authority  or  in  its  behalf,  in  any 
name  except  his  own  ;  nor  shall  such  committee  or  i)er- 
son  knowingly  receive  a  payment  or  promise  of  payment, 
or  enter  or  cause  the  same  to  be  entered  in  the  accounts 
or  records  of  such  committee,  in  any  other  name  than  that 
of  the  person  l)y  whom  it  is  made. 

Section  292.  Xo  political  ('(mnnittee,  and  no  })erson 
acting  under  its  authority  or  in  its  behalf,  shall  demand, 
solicit,  ask  or  invite  a  payment  of  money  or  promise  of 
payment  of  money  to  be  used  in  an  election,  from  a  per- 
son who  has  been  nominated  as  a  candidate  for  office  in 
such  election  ;  and  no  such  candidate  shall  make  any  such 
payment  to  a  political  committee  or  to  any  person  acting 
under  its  authority  or  in  its  behalf,  if  such  committee 
or  person  has  demanded,  solicited,  asked  or  invited  from 
him  any  such  payment  or  promise  of  ])ayment. 

Section  298.  No  political  committee  and  no  person 
who  is  required  to  file  a  statement  under  the  eleven  pre- 
ceding sections,  shall  make  any  ])ayment  or  promise  of 
})ayment  of  money  to  or  in  l)ehalf  of  any  person,  for  nat- 
uralization fees  or  for  services  as  counsel  or  otherwise  in 
assisting  any  one  to  obtain  naturalization. 

Section  294.  The  statement  required  by  section  tAvo 
hundred  and  oight\-nine  of  this  act  shall  l)e  filed  with  the 
clerk  of  the  city  or  town  where  the  treasurer  is  a  voter,  or, 
it'  the  political  committee  has  headquarters,  with  the  clerk 
of  the  city  or  town  where  such  headciuarters  are  maintained 
at  the  time  of  the  election  to  which  the  statement  relates. 
A  statement  relating  to  any  other  than  a  city  or  town  elec- 
tion, or  an  election  l)y  a  city  council  or  by  either  l)ranch 
thereof,  shall  be  filed  in  duplicate,  and  one  copy  shall  be 
forthwith  forwarded  by  the  city  or  town  clerk  to  the  sec- 
retary of  the  Commonwealth.     Every  person  making  a 


Acts,  1898.  —  Chap.  54S.  637 

j^tatement  required  In*  the  provisions  of  this  act  shall 
make  oath  that  the  same  is  in  all  respects  correct  and  true 
to  the  l)est  of  his  knowledge  and  belief. 

Sectiox  21)5.      The   secretary   of  the   Commonwealth  secretary  of 

1      11    •  11  /•!      1*"      •   1      1   •  11  the  Common- 

shall  inspect  all  statements  tiled  with  him  under  the  pre-  wealth  to  in- 
ceding  section,  Avithin  sixty  days  after  the  same  are  tiled,  meuts! 
and  u])()n  discoverv  that  any  such  statement  does  not  con-  Delinquent  per- 
form to  law,  or  upon  complaint  in  Avriting  of  five  regis-  so^b  to  be noti- 
tered  voters  that  such  statement  does  not  conform  to  law 
or  to  the  truth,  or  that  any  person  has  failed  to  tile  a 
statement  reciuired  bylaw,  said  secretary  shall,  in  writing, 
notify  the  delincjuent  person. 

Such  complaint  shall  state  in  detail  the  grounds  of  ob-  complaint  to  be 
Jection,  be  sworn  to  by  one  of  the  subscribers  and  be  tiled  tary.^^ 
with  said  secretary  within  sixty  days  after  the  election  in 
(juestion  or  within  thirty  days  after  the  tiling  of  a  state- 
ment or  amended  statement. 

Section  296.     Upon  the  failure  to  tile  a  statement  or  District  attor- 
amended  statement  within  ten  days  after  receiving  notice  proceedings. 
under  the  preceding  section  the  secretary  shall  notify  the 
])ro})er  district  attorney,  who  shall,  within  two  months, 
begin  civil  or  criminal  proceedings    in   the  name  of  the 
Commonwealth . 

Section  297.     In  the  case  of  any  statement  relating  statements  re- 
to  city  or  town  elections,  or  to  an  election  on  the  part  of  to\i^^eiecuon9.'^ 
a  city  council,  or  of  either  branch  thereof,  the  provisions 
of  the  preceding  sections  shall  apply  to  the  respective  city 
or  town  clerks  instead  of  to  the  secretary  of  the  Common- 
Avealth. 

Section  298.     The  supreme  iudicial  court  or  the  su- courts  may 

i'^  •  1  /?   M      J.        £1  compel  the  filing 

perior  court  may  compel  any  person  wiio  tails  to  tile  a  of  statements, 
.statement  as  above  re(|uired,  or  who  tiles  a  statement  ^  *^" 
which  does  not  conform  thereto  in  resjiect  to  its  truth, 
sutiiciency  in  detail,  or  otherwise,  to  tile  a  sufficient  state- 
ment, upon  the  application  of  the  district  attorney  or 
])etition  of  any  candidate  voted  for,  or  of  any  five  per- 
sons qualified  to  vote  at  the  election  on  account  of  which 
the  expenditures,  or  any  part  thereof,  wcic  made  or  are 
alleged  to  have  l)een  made.  Such  petition  shall  be  brought 
within  sixty  days  after  such  election,  if  the  statement 
was  filed  within  the  thirty  days  re(|uired,  1)ut  a  petition 
may  be  filed  within  thirty  days  of  any  payment  not 
included    in  the    statement  so  filed.     Proceedinjjs  under 


G38 


Acts,  1898.  — Chap.  548. 


Witness  not 
liable,  except, 
etc. 


Statements  to  be 
preserved,  etc. 


Voiichere, 
accounts,  etc., 
preservation. 


Blank  forms  to 
be  provided. 


Nominations 
and  elections  to 
which  provi- 
sions shall 
apply. 


§§  282,  284,  291 
not  to  apply  to 
certain  pub- 
lishers. 


this  section  shall  he  advanced  upon  the  request  of  either 
paily  for  speedy  trial.  No  petition  iH'ought  under  this  act 
shall  l)e  discontinued  without  the  consent  of  the  attorney- 
general. 

Section  299.  Xo  person  called  to  testify  in  any  pro- 
ceedings under  the  preceding  section  shall  })e  lial)le  to 
criminal  prosecution  under  this  act  or  otherwise,  for  any 
matters  or  causes  in  respect  of  which  he  shall  be  examined, 
or  to  which  his  testimony  shall  relate,  except  to  prosecu- 
tion for  perjury  committed  in  such  testimony. 

Section  300.  All  statements  shall  be  preserved  for 
fifteen  months  after  the  election  to  which  they  relate, 
and  shall,  under  reasonable  regulations,  be  open  to  pu])lic 
inspection. 

Section  301.  Every  payment  required  to  be  accounted 
for  shall,  unless  the  total  expense  payable  to  any  one  per- 
son is  less  than  five  dollars,  be  vouched  for  by  a  recei|)ted 
l)ill  stating  the  particulars  of  expense,  and  every  voucher, 
receipt  or  account  herel)y  required  shall  l)e  preserved  for 
six  months  after  the  election  to  wdiich  it  relates. 

Section  302.  The  secretary  of  the  Commonwealth 
shall  provide  every  city  and  town,  at  the  expense  of  the 
Commonwealth,  with  ])lank  forms,  ap})roved  by  the  sec- 
retaiy  of  the  CV)mmonwealth,  the  treasurer  and  receiver 
general,  and  the  auditor  of  accounts,  suitable  for  the  state- 
jnents  a1)ove  required. 

Section  303.  The  provisions  of  this  act  relative  to 
corrupt  })ractices  shall  apply  to  all  ])iil)lic  elections,  except 
of  town  officers,  and  to  elections  by  the  general  court  and 
by  city  councils,  and  by  either  branch  thereof,  to  the 
nomination  by  caucuses  and  conventions  and  nomination 
pai)ers  of  candidates  to  be  voted  for  at  such  elections. 
Sections  two  hundred  and  eighty-two,  two  hundred  and 
eighty-four  and  two  hundred  and  ninety-one  of  this  act 
shall  not  apply  to  the  proprietors  and  ])ublishers  of  pub- 
lications issued  at  regular  intervals,  in  respect  to  the 
ordinary  conduct  of  their  business. 


2.     inquests  in  election  cases. 

certaff  cashes  of        Section  304.     Upou  a  comi)laint  su])S('ribed  and  sworn 
aiiesed violation  to  by  any  i)erson  before  a  municinal,  police  or  district 

of  certain  laws  -^  "^     '■   .    ,     .  ,  n-  i 

relating  to  eiec-  couii:,  or  a  trial  lustice,  alleiiing  that  reasonable  grounds 


Acts,  1898.  — Chap.  548.  639 

exist  for  believing  that  any  law  relating  to  the  registra- 
tion, qualitication  or  assessment  of  voters,  or  to  voting 
lists  or  l)allots,  or  to  caucuses,  conventions  and  elections, 
or  to  any  matters  pertaining  thereto,  has  l)een  violated, 
such  court  or  justice  may  at  once  hold  an  inquest  to 
incjuire  into  such  alleged  violation  of  the  law. 

Section  305.     The  court  or  trial  justice  may  exclude  inquests  may 
all  persons  whose  presence  is  not    necessary  at   such  j,^_  *»epnvate,  etc. 
quest ;  and  may  also  direct  the  witnesses  to  be  kept  so 
separated  that  they  cannot  converse  with  each  other,  until 
they    have    l)een    examined.      The    attorney-general,  the  Examination  of 
district  attorney,  or  some  person   designated  by  either,  ^*  "^'**®''- 
shall  attend  the  inquest  and  examine  the  witnesses. 

Section  306.     Such  court,  justice  or  attorney  may  issue  witnesses,  at- 
subpoenas  for  witnesses,  who  shall  l)e  allowed  the  same  fees,  ^c.'^^"*'^'  *^^^' 
whose  attendance  may  l)e  enforced  in  the  same  manner, 
and  who  shall  be  sul)ject  to  the  same  penalties,  as  if  served 
with  a  subpoena  in  behalf  of  the  Connnonwealth  in  a  crimi- 
nal prosecution  before  such  court  or  trial  justice. 

Section  307.     Such  court  or  trial  justice  may  employ  stenographer 

I  T      1  ji  T  T  1      i       may  be  em- 

a    stenographer,   and    nave    the  proceedings    reduced    to  ployed,  etc. 
writing ;  and  if  he  finds  that  the  law  has  been  violated, 
shall  report  to  the  superior  court  all  the  material  facts 
and  the  names  of  any  persons  guilty  of  any  such  viola- 
tion. 

Section  308.     The  court  or  trial  justice  may  bind  over,  witnesses  may 
as  in  criminal  prosecutions,  such  witnesses  as  are  necessary,  to  appe°ar,°etc^ 
or  as  said  attorney  may  designate,  to  appear  and  testify 
at  the  court  in  which  an  indictment  for  such  offence  may 
be  presented. 

Section  309.     If  a  person  charged  by  the  report  with  certain  persons 
the  commission  of  an  offence  is  not  in  custody  the  court  hended.*^^"^^ 
or  trial  justice  shall  forthwith  issue  process  for  his  appre- 
hension ;   but  such  process  may  issue  l)efore  the  filing  of 
said  report,  if  otherwise  lawful. 

Section  310.     No  person  shall  be  excused  from  testi-  witness  not 

/,    .  T        .  .  T  1         liable,  except, 

fying  or  producing  any  papers  in  any  proceedings  under  etc. 
the  precediug  section  on  the  ground  tiiat  his  testimony 
may  tend  to  criminate  him  or  subject  him  to  a  penalty 
or  forfeiture,  but  he  shall  not  be  prosecuted  or  be  sub- 
jected to  a  penalty  or  forfeiture  for  or  on  account  of  any 
action,  matter,  or  thing  concerning  which  he  may  so 
testily,  excc}jl  tor  jjerjury  committed  in  such  testimony. 


640 


Acts,  1898.  — Chap.  518. 


State  officers 
elected  an- 
nually. 


Presidential 
electors. 


Representatives 
in  congress; 


District  attor- 
neys. 


Clerks  of 
courts. 


Registers  of 
probate  and  in- 
eolvenc}'. 


Registers  of 
deeds. 


Title  X. 

1.       OFFICERS    TO    BE    ELECTED    AT    STATE    ELECTIONS. 

Section  311.  At  the  annual  state  election  there  shall 
be  chosen  by  the  voters  of  the  Commonwealth,  as  pre- 
scriJjed  by  the  constitution,  a  governor,  lieutenant  i>ov- 
ernor,  secretary,  treasurer  and  receiver  general,  auditor, 
and  attorney-general ;  by  the  voters  in  each  councillor 
district,  one  councillor ;  by  the  voters  in  each  senatorial 
district,  one  senator ;  and  by  the  voters  in  each  repre- 
sentative district,  such  number  of  representatives  as  the 
district  is  entitled  to  elect. 

Section  312.  At  the  annual  state  election  in  each 
year  in  which  presidential  electors  are  required  to  be 
appointed,  a  number  of  electors  equal  to  the  whole  num- 
ber of  senators  and  representatives  in  congress  to  which 
the  Commonwealth  is  entitled  shall  be  chosen  by  the 
voters  of  the  Commonwealth. 

Section  313.  At  the  annual  state  election  in  every 
even  numbered  year  a  representative  in  congress  shall  be 
chosen  by  the  voters  in  each  congressional  district. 

Section  314.  At  the  annual  state  election  in  the  year 
eighteen  hundred  and  ninety-eight,  and  in  every  third  3'ear 
thereafter,  a  district  attorney  shall  be  chosen  by  the 
voters  in  each  of  the  districts  into  which  the  Common- 
wealth is  divided  for  the  administration  of  the  criminal 
law. 

Section  315.  At  the  annual  state  election  in  the  year 
nineteen  hundred  and  one,  and  in  every  fifth  year  there- 
after, a  clerk  of  the  supreme  judicial  court  for  the  county 
of  Suffolk,  and  two  clerks  of  the  superior  court,  one  for 
civil  and  one  for  criminal  l)usiness,  shall  be  chosen  by 
the  voters  in  said  county ;  and  a  clerk  of  the  courts  Avho 
shall  act  as  clerk  of  the  supreme  judicial  court,  of  the 
superior  court,  and  of  the  county  commissioners,  by  the 
voters  in  each  of  the  other  counties. 

Section  31(5.  At  the  annual  state  election  in  the  year 
eighteen  hundred  and  ninety-eight,  and  in  every  fifth  year 
thereafter,  a  register  of  probate  and  insolvency  shall  be 
chosen  by  the  voters  of  each  county. 

Section  317.  At  the  annual  state  election  in  the 
year  nineteen  hundred,  and  in  every  third  year  there- 
after, a  resrister  of  deeds  shall  be  chosen  bv  the  voters  of 


Acts,  1898.  — Chap.  548.  641 

each  district  for  the  registry  of  deeds,  and  of  each  county 
not  divided  into  districts. 

Section  318.     At  the  annual  state  election  there  shall  county  com- 

mlsBioners. 

be  chosen  by  the  voters  ot  the  county  of  Middlesex  and 
the  towns  of  Revere  and  Winthrop,  one  county  com- 
missioner for  said  county  and  towns,  and  by  the  voters  of 
each  of  the  other  counties,  except  the  counties  of  Suffolk 
and  Nantucket,  one  county  commissioner  for  the  county. 

At  the  annual  state  election  in  the  year  eighteen  hun-  special  com- 
dred  and  ninety-eight,  and  in  every  third  year  there-  ^  ^^  °°^"" 
after,  there  shall  likewise  be  chosen  l)y  the  voters  of  the 
county  of  Middlesex  and  the  towns  of  Eevere  and  AYin- 
throp,  two  special  commissioners  for  said  county  and 
towns,  and  by  the  voters  of  each  of  the  other  counties, 
except  the  counties  of  Suffolk  and  Nantucket,  two  special 
commissioners  for  the  county. 

Not  more  than  one  of  the  county  commissioners  and  Not  more  than 

•    1  •      •  1      n   1  1  p  •        one  commiB- 

special  commissioners  shall  be  chosen  from  the  same  city  sionerfrom 

T/>    i  •  T  •       ji  •,  same  city  or 

or  town.  It  two  persons  residing  m  the  same  city  or  town, 
town  shall  appear  to  be  chosen  to  said  offices,  the  person 
only  who  receives  the  larger  number  of  votes  shall  be 
declared  elected  ;  but  if  they  shall  receive  an  equal  num- 
ber of  votes,  no  person  shall  be  declared  elected.  If  a 
person  residing  in  a  city  or  town  in  which  a  county 
commissioner  or  a  special  commissioner  who  is  to  remain 
in  office  also  resides,  shall  appear  to  be  chosen,  he  shall 
not  be  declared  elected.  If  the  person  is  not  declared 
elected  by  reason  of  the  above  provisions,  the  person  re- 
ceiving the  next  highest  number  of  votes  for  the  office, 
residing  in  another  city  or  town,  shall  be  declared  elected. 

Section  319.     At  the  annual  state  election  in  the  year  sheriff*. 
eighteen   hundred   and   ninety-eight,  and   in  every  third 
year  thereafter,  a  sheriff*  shall  be  chosen  by  the  voters  in  « 

each  county. 

Section  320.     At  the  annual  state  election  in  the  year  county  treas- 
nineteen  hundred,   and  in  every  third  year  thereafter,  a 
county    treasurer    shall  be  chosen    liy  the  voters  in  each 
county,  except  the  counties  of  Suffolk  and  Nantucket, 

Section  321.     In  the  year  nineteen  hundred  and  live,  commissioners 
and  every  tenth  year  thereafter,  there  shall  be  elected  by  s°uf^?k  county 
the  voters   of  the  county  of  Suffolk  at  the   annual   state  {1^° dTeS'."*' 
election,  nine  commissioners  to  apportion  Suffolk  county 
into   representative    districts,    one    of  Avhom   shall   be  a 
resident  and  voter  in  the  town  of  Winthrop  ;  one  a  resi- 


642  Acts,  1898.  — Chap.  548. 

dent  and  voter  in  the  town  of  Revere  ;  two,  residents  and 
voters  in  the  city  of  Chelsea ;  and  five,  residents  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  commis- 
sioners shall  hold  office  for  one  year,  beginning  on  the 
first  Wednesday  of  January  next  after  their  election. 

Terms  of  office.  SECTION  322.-  District  attorneys,  registers  of  deeds, 
county  commissioners,  special  commissioners,  sherifts  and 
county  treasurers  shall  hold  their  several  ofiices  for  terms 
of  three  years,  and  clerks  of  the  courts  and  registers  of 
pro])ate  and  insolvency  for  terms  of  five  years,  Ijeginning 
with  the  first  Wednesday  of  January  in  the  year  succeed- 
ing their  respective  elections  and  until  their  successors 
are  chosen  and  qualified. 

To  be  residents,  Section  323.  District  attorneys,  registers  of  deeds 
and  county  treasurers  shall  be  residents  of  the  counties 
or.  districts  for  which  they  are  chosen. 

Title  XI. 

1.       PROVISIONS    APPLICABLE    TO    TOWN    MEETINGS. 

tiraIofToid?fg'      Section  324.     The  annual  meeting  of  each  town  shall 
adjournments.  '  ]jq  \yQ\([  Jq  February,  ]March  or  April ;  and  other  meetings 

may  be  held  at  such  times  as  the  selectmen  may  order. 

Meetings  may  l)e  adjourned  from  time  to  time,  and  to  any 

place  within  the  town. 
Warrants,  noti-       Section  325.     Evcrv  towu  meetiuof,  exccpt  as  liereiu- 

ncation.  ,  "^  .  ~ 

after  provided,  shall  l)e  called  in  pursuance  of  a  warrant, 
under  the  hands  of  the  selectmen,  directed  to  the  con- 
stables or  to  some  other  persons,  who  shall  forthwith  give 
notice  of  such  meeting  in  the  manner  prescribed  by  the 
by-laws,  or,  if  there   are  no  by-laws,  by  a  vote  of  the 

Contents.  towu.      The  Warrant  shall   state  the  time   and   place   of 

the  meeting  and  the  subjects  to  be  there  acted  upon,  and 
the  selectmen  shall  insert  in  the  warrant  all  subjects  the 
insertion  of  which  shall,  in  writing,  be  re(juested  of  them 

Certain  action     |^y  a^v  ten  or  morc  voters  of  the  town.     No  action  shall 

not  valid.  •  •,  ^  ^  •  />    •  •         i    • 

be  valid   unless  the  subject-matter  thereof  is  contained  in 
Warrant  may     ^^g  Warrant.     Two  or  moi'e  distinct  town  ineetinus  for  dis- 

mclude  two  or        .  > 

more  meetings,   tiiict  purposcs  may  1)6  callcd  by  the  same  warrant. 
Warrants,  in  Section  326.     If  a   majority  of  the    selectmen    shall 

case  of  vacancy  .  «>  •/»     i  i    /•  •! 

in  office  of  vacate  their  offices,  or  if  the  full  num])er  shall  fail  to  be 
elected  or  qualified,  the  selectmen  in  oflice  may  call  a 
town  meeting. 


Acts,  1898.  — Chap.  548.  643 

Section  327.     If  the    selectmen  unreasonably   refuse  Justice  of  peace 
to  call  a  town  meeting,  a  justice  of  the  peace,   upon  the  rants'in^certahi 
application  of  ten  or  more  voters  of  the  to^yn,  may  call  a  '^'^^^^' 
meeting  by  a  warrant  under  his  hand,  stating  the  sulyects 
to  be  acted  upon,  directed  to  the  constables  of  the  town 
if  there  are  any,  otherwise  to  any  of  the  persons  appljdng 
therefor,  directing  them  to  summon  the  inhabitants,  qual- 
ified to  vote  in  town  alfairs,  to  assemble  at  the  time  and 
place,  and  for  the  purposes  expressed  in  the  w^ arrant. 

Section  328.  At  every  town  meeting,  except  for  the  Moderator, 
election  of  state  officers,  a  moderator  shall  first  be  chosen.  ^^'^ '°  • 
Until  the  election  of  a  moderator,  the  town  clerk  shall 
preside,  l)ut  if  he  is  absent,  or,  if  there  is  no  town  clerk, 
the  chairman  of  the  selectmen,  or  the  memljer  longest  in 
continuous  service,  shall  preside,  but  if  no  selectman  is 
present,  the  justice  of  the  peace  calling  such  meeting,  if 
the  meeting  is  so  called,  shall  preside.  Such  presiding 
officer  shall  have  the  powers  and  perform  the  duties  of  a 
moderator. 

Section  329.     The  moderator    shall  preside  and  reg-  Powers  and 

•  duties. 

ulate  the  proceedings,  decide  all  questions  of  order,  and 
make  public  declaration  of  all  votes,  and  may  administer 
in  open  meeting  the  oath  of  office  to  any  town  officer 
chosen  thereat.  When  a  vote  so  declared  is  immediately  when  vote  is 
questioned  by  seven  or  more  of  the  voters,  he  shall  verify  *i"®^ '°°^  • 
it  by  polling  the  voters  or  by  dividing  the  meeting,  un- 
less the  town  has  by  a  previous  order  or  by  its  by-laws 
provided  another  method. 

Section  330.     Xo  person  shall  address  a  town  meet- in  case  of  per- 
ing  without  leave  of  the  moderator,  and  all  persons  shall  meeting,  dis. 
at  the  request  of  the  moderator  be  silent.     If  a  person,  etc.^'^^''°°  ^'^ ' 
after  warning  from  the  moderator,  persists  in  disorderly 
behavior,  the  moderator  may  order  him  to  withdraw  from 
the  meeting ;  and  if  he  does  not  withdraw,  may  order  a 
const al)le  or  any  other  person  to  remove  him  and  confine 
him  in  some  convenient  place  until  the  meeting  is  ad- 
journed. 

2.     election  of  town  officers. 

Section  331.     Every  town  at  its  annual  meeting  shall  ^""t'lngS 
in  every  year,  except  as  is  otherwise  provided  in  sections  *'?''*','j^® 
three  hiuidred  and  thirty-five  and  three  hundred  and  thirty- 
seven  of  this  act,  choose  from  the  inhaliitants  thereof  the 
following  named  town  officers,  who  shall  serve  during  the 
year : 


644:  Acts,  1898.  — Chap.  548. 

A  town  clerk  ; 

Three,  five,  seven  or  nine  selectmen  ; 

Three  or  more  assessors  ;  and,  if  the  town  so  votes, 
three  or  more  assistant  assessors  ; 

Three  or  more  overseers  of  the  poor ; 

A  town  treasurer,  whom  the  town  may  at  any  meeting 
appoint  collector  of  taxes  ; 

One  or  more  c(.)llectors  of  taxes,  if  the  town  so  votes  ; 

One  or  more  auditors,  who  shall  hold  no  other  town 
office ; 

One  or  more  surveyors  of  highwavs,  if  the  town  so 
votes  ; 

A  road  commissioner,  if  the  town  has  provided  for 
such  officer ; 

A  sewer  commissioner,  if  the  town  has  provided  for 
such  officer ; 

One  or  more  constal)les,  Avho  shall  also  be  collectors  of 
taxes,  unless  other  persons  are  specially  chosen  or  ap- 
pointed as  such  ; 

Two  or  more  field  drivers  ; 

Two  or  more  fence  viewers ;  and  such  other  town  offi- 
cers as  are  required  l)y  law  then  to  be  chosen, 
mw^!*""™'  The  town  shall  likewise  at  its  annual  meeting  or  at  a 

meeting  held  in  the  same  month  in  which  the  annual 
meeting  occurs,  choose  members  of  the  school  committee, 
wliich  committoo  shall  consist  of  any  numl">er  of  persons 
divisible  by  three  which  said  town  has  decided  to  elect, 
one  third  thereof  to  be  elected  annually,  and  to  continue 
hi  office  three  years.  No  person  shall  be  ineligible  for 
said  office  by  reason  of  sex.  If  a  town  fails  or  neglects 
to  choose  such  committee,  an  election  at  a  subse(iuent 
meeting  shall  be  valid,  and  the  town  may,  at  its  annual 
meeting,  vote  to  increase  or  diminish  the  number  of  its 
school  committee ;  and  any  town  in  wliich  ballots  for 
town  officers  are  provided  at  the  expense  of  the  town 
may  vote  so  to  change  the  number  of  its  school  committee 
at  a  meeting,  other  than  the  annual  meeting,  called  for 
the  purpose  and  held  thirty  days  at  least  before  the 
annual  meeting  at  Avhich  such  change  is  to  liecome  opera- 
tive. Such  increase  shall  lie  made  liy  adding  one  or  more 
to  each  class,  to  hold  office  according  to  the  tenure  of  the 
class  to  which  they  are  severally  chosen.  Such  diminu- 
tion shall  bo  made  liy  choosing,  annually,  such  number  as 
will  in  three  years  cliect  it,  and  a  vote  to  diminish  shall 


Acts,  1898.  — Chap.  548.  645 

remain  in  force  until  the  diminution  under  it  is  accom- 
plished. 

Women  shall   he  eliijihle  as  overseers  of  the  poor  and  women  eligible 

o  i  for  certain 

school  counnittee.  offices. 

Any  town  may  also  elect  a  tree  warden.  Tree  warden. 

Section  332.  In  towns  which  vote  to  accept  the  certain  towns 
provisions  of  this  section  or  have  voted  to  accept  the  way  suireyor. 
corresponding  provisions  of  earlier  laws,  there  shall  be 
elected  at  the  annual  town  meeting  in  each  year,  until 
such  acceptance  is  revoked  by  the  town  at  an  annual 
meeting,  a  highway  surveyor,  who  shall  hold  his  office  for 
one  year.  Upon  the  election  of  such  surveyor  the  office 
of  road  commissioner  shall  terminate. 

Section  333.  In  towns  not  providing  official  ballots  when  to  take 
the  question  of  the  acceptance  or  revocation  of  the  accept-  ^  ^'^  '^'^• 
ance  of  the  preceding  section  shall  l^e  voted  upon  only  at 
an  annual  town  meeting,  and  such  vote  shall  take  effect 
forthwith.  In  other  towns  the  acceptance  or  the  revoca- 
tion of  the  acceptance  may  be  voted  upon  at  any  meet- 
ing, and  the  vote  shall  take  effect  at  the  annual  meeting 
held  next  after  the  expiration  of  sixty  days  from  the  date 
of  such  vote. 

Section  334.     A  town  may   elect  a  board  of  health  Board  of  health, 
consisting  of  three  persons,  to  serve  for  the  terms  of  one,  |tc?  ''°'  ^'™*' 
two  and  three  years  respectively,  beginning  with  the  day 
following  the  meeting  at  which  they  are  elected,  or  until 
their  respective  successors  are  chosen  and  qualified  ;  and 
thereafter  such  town  shall,  at  its  annual  town  meeting, 
choose  one  member  of  such  ])oard  who  shall  hold  office 
for  three  years  from  the  day  following  such  meeting  and 
until  another  is  chosen  and  qualified  in  his  stead.     If  no  n  not  elected 
such  l)oard  is  chosen  the  selectmen  shall  act  as  a  board  of  act'^'™°'^  *° 
health.     In  everv  town  havinof  more  than  five  thousand  one  member  to 

.     ,.  ■,"  •ii'^ii  '  ^  be  a  physician 

inhabitants  as  determined  by  the  last  national  or  state  in  certain 
census  at  lea.st  one  member  of  the  board,  except  when 
composed  of  the  selectmen,  shall  be  a  physician. 

Spiction  335.     A  town  mav,  at  an  annual  meeting  or  selectmen, 

'.  1/.  1  "i   assessors  and 

at  a  meeting  held  at  least  thirty  da^'s  before  the  annual  overseers  of  the 
meeting  at  which  such  change  is  to  become   operative,  fncertoili'^  °° 
vote  to  elect  its  selectmen,  assessors  or  overseers  of  the  *^^°*- 
poor  in  the  following  manner: 

If  the  niiinl>er  fixed  by  the  town  is  three,  it  shall  at  the 
annual  meeting  when  such  vote  is  passed,  or  at  the  next 
annual  meeting,  elect  one  for  the  term  of  one  year,  one 


646 


Acts,  1898.  — Chai>.  548. 


In  towns  voting 
to  increase  or 
diminish  the 
number. 


May  rescind 
action. 


Town  may  vote 
to  elect  three 
road  and  three 
sewer  com- 
missioners. 

Election,  term. 


May  rescind 
action. 


for  the  term  of  two  years,  and  one  for  the  term  of  three 
years  ;  if  the  luimher  is  tive,  it  shall  elect  one  for  the  term 
of  one  year,  two  for  terms  of  two  3'ears,  and  two  for  terms 
of  three  years ;  if  the  number  is  seven,  it  shall  elect 
two  for  terms  of  one  year,  two  for  terms  of  two  years, 
and  three  for  terms  of  three  years  ;  if  the  number  is  nine, 
it  shall  elect  three  for  terms  of  one  year,  three  for  terms 
of  two  years,  aiul  three  for  terms  of  three  years  ;  and  at 
each  amiual  meetin<r  thereafter  it  shall  elect  one,  two  or 
three  for  the  term  of  three  years  as  the  term  of  otfice  of 
one,  two,  or  three  expires. 

If  the  number  of  assessors  is  four,  the  town  shall  elect 
two  assessors  for  terms  of  one  year,  and  two  assessors 
for  terms  of  two  years  ;  and  at  each  annual  meeting  there- 
after it  shall  elect  two  assessors  to  serve  for  terms  of  two 
years. 

Section  336.  A  town  which  votes  at  an  annual  meet- 
ing to  increase  or  diminish  the  number  of  its  selectmen, 
assessors,  or  overseers  of  the  poor,  may  at  that  meeting 
or  at  any  annual  meeting  thereafter  elect  one  or  more 
such  additional  officers,  or  omit  to  elect  one  or  more 
such  officers,  so  as  to  bring  the  number  to  the  limit  fixed 
by  the  A^ote  of  the  town,  with  terms  of  office  expiring 
in  the  manner  provided  in  the  preceding  section  ;  but 
one  selectman,  assessor  and  overseer  of  the  poor  shall  be 
elected  annually. 

A  town  which  has  voted  to  elect  said  officers  as  pro- 
vided in  the  preceding  section,  may  at  anyamuial  meeting 
rescind  such  action,  ))ut  such  rescission  shall  not  affect  the 
term  of  office  of  any  such  officer. 

Section  337.  A  town  may  vote  to  elect  three  road 
connnissioners  and  three  sewer  commissioners  in  the  fol- 
lowing manner  : 

It  shall,  at  the  annual  meeting  Avhen  such  vote  is 
l)assed  or  at  the  next  annual  meeting,  elect  one  for  the 
term  of  one  year,  one  for  the  term  of  two  years,  and 
one  for  the  term  of  three  years  ;  and  at  each  annual  meet- 
ing thereafter  it  shall  elect  one  for  the  term  of  three 
years. 

A  town  which  has  voted  to  elect  said  officers  as  herein 
[)rovided,  may  at  an  annual  meeting  rescind  such  action, 
and  thereui)()n  the  offices  of  road  commissioners  or  sewer 
conunissionerti  shall  be  abolished. 


Acts,  1898.  — Chap.  548.  647 

Section  338.     The  election  of  a  moderator  at  a  meet-  Moderator,  eiec- 
ing  for  the  choice  of  town  officers  shall  be  by  ballot  and  tain  cases, 
the  ^otino;  list  shall  be  used  thereat.     If  the  numlier  of 
voters  registered  for  the  annual  town  meeting  shall  ex- 
ceed five  hundred,  no  person  shall  print  or  distribute  for 
use  at  the  election  of  moderator  at  such  meeting  any  bal- 
lots unless  they  shall  be  of  plain  white  paper,  in  weight 
not  less  than  that  of  ordinary  printing  i)aper,  not  less  than 
five  and  one  half  nor  more  than  six  inches  in  length,  and 
not  less  than  three  and  one  half  nor  more  than  four  inches 
in  width  ;  shall  have  no  printing,  engraving,  device,   or 
mark   upon   the  back  thereof,   and,   if  printed,   shall  he 
printed  in  l)lack  ink  with  the  name  of  the  candidate  in  a 
line  })arallel  with  the  length  of  the  ballot,  and  in  cai)ital 
letters  not  less  than  one  eighth  of  an  inch  nor  more  than 
one  quarter  of  an  inch  in  height.     Ballots  for  moderator  Certain  baiiots 
although  not  in  conformity  with  the  above  requirements  °  ®  <="""«  • 
shall  l)e  received  and  counted. 

Mixtion  339.  The  election  of  town  clerk,  selectmen.  Town  officers, 
assessors,  overseers  of  the  poor,  town  treasurer,  auditor,  Sect^on."^ 
collector  of  taxes,  constables,  road  commissioners,  sewer 
connnissioners,  board  of  health  and  school  committee 
shall  be  by  ballot;  and  the  election  of  all  other  town 
othcers  shall  be  in  such  manner  as  the  town  may  deter- 
mine, unless  otherwise  provided  by  law.  A  town  which 
chooses  its  assessors  or  overseers  of  the  poor  for  one 
year,  may,  instead  of  electing  such  officers,  provide  by 
vote  that  the  selectmen  shall  act  also  as  assessors  or  as 
overseers  of  the  poor,  or  both.  Such  vote  shall  in  any 
town  using  official  ballots  be  passed  at  a  meeting  held 
at  least  thirty  days  before  the  annual  meeting  at  which 
such  selectmen  are  to  be  chosen. 

Section  340.  The  voting  list  shall  be  used  and  the  when  voting 
name  of  every  person  voting  shall  be  checked  thereon,  in  "ged!  *°  ^^ 
the  election  of  all  town  officers  whose  election  is  bv  law 
required  to  be  by  ballot,  and  in  voting  upon  the  question 
of  granting  licenses  for  the  sale  of  intoxicating  liquors  ; 
but  in  the  election  of  other  town  officers  the  meeting 
shall  determine  whether  the  voting  list  shall  be  used. 

Section  341 .      AVlien  the  town  clerk,  selectmen,  assess-  Baiiotetobe 
ors,  ti-easurer,  collector  of  taxes  and  school  committee  are  eudOT6ed,'etc. 
voted  for  on  one   ballot,  the   moderator    shall  cause  all 
such  ballots   when   canvassed   and  couiitedj   and   record 


6i8 


Acts,  1898. —Chap.  54S. 


Town  clerk, 
oath. 


Town  officers, 
term  of  office, 
etc. 


Town  officers, 
oath  of  office. 


Town  clerk  to 
notify  certain 
officers  to  ap- 
pear and  take 
oath  within 
seven  days,  etc. 


Exemption 
from  liability  to 
bold  office. 


thereof  has  been  made,  pulilicly  to  be  enclosed  in  enve- 
lopes, which  shall  be  sealed  and  endorsed,  and  certificate 
made  thereon,  in  the  manner  reijuired  by  section  two  hun- 
dred and  thirty-six  of  this  act. 

Section  342.  A  person  elected  town  clerk,  if  present 
at  the  meeting,  shall  forthwith  be  sworn,  either  by  the 
moderator  or  by  a  justice  of  the  peace,  and  shall  at  once 
enter  upon  the  performance  of  his  duties.  Every  town 
officer  designated  by  name  in  section  three  hundred  and 
thirty-one  of  this  act,  unless  other  provision  is  specifically 
made  by  law,  shall  enter  upon  the  performance  of  his  duties 
on  the  day  after  his  election  or  as  soon  thereafter  as  he  is 
qualified,  and  shall  hold  office  during  the  term  fixed  by 
law,  which  shall  begin  on  the  day  after  the  annual  meet- 
ing, and  until  another  person  is  chosen  and  qualified  in 
his  stead. 

Section  343.  Town  officers  designated  by  name  in  sec- 
tion three  hundred  and  thirty-one  of  this  act,  shall,  before 
entering  upon  their  official  duties,  be  sworn  to  the  faithful 
performance  thereof.  Such  oath  may  be  administered 
by  the  moderator  in  open  town  meeting,  or  by  the  town 
clerk.  The  town  clerk  shall  forthwith,  after  the  election 
or  appointment  of  town  officers  required  to  take  an  oath 
of  office,  make  a  list  of  the  names  of  all  such  officers 
not  sworn  hy  him  or  by  the  moderator,  aud  deliver  it 
with  his  warrant  to  a  constable  recjuiring  him  within 
three  days  to  summon  each  such  person  to  appear  and 
take  the  oath  of  office  within  seven  days  after  the  service 
of  such  summons  upon  him;  and  the  constable  shall 
within  said  seven  days  make  return  thereof  to  the  town 
clerk.  Persons  so  summoned,  unless  exempt  by  law  from 
holding  the  office,  shall  within  said  seven  days,  take  the 
oath  of  office  before  the  town  clerk,  or  before  a  justice 
of  the  peace,  and  file  a  certificate  thereof  with  the  town 
clerk. 

Section  344.  Xo  person  shall  be  required  to  serve  two 
years  successively  in  the  same  town  office  ;  and  no  person 
shall  be  required  to  accept  the  office  of  constable  who 
holds  a  commission  as  an  officer  of  the  United  States  or  of 
the  Commonwealth,  who  is  a  member  of  the  council  or  of 
the  general  court,  a  minister  of  the  gospel,  an  engineman, 
a  member  of  the  fire  department,  or  who  has  been  a  con- 
stable or  collector  of  taxes  in  the  town  within  the  preced- 
ing seven  years.     No  person  shall  be  required  to  serve  in 


Acts,  1898.  — Chap.  548.  649 

the  office  of  surveyor  of  highways  oftener  than  once  in 
three  years. 

Section  345.     At  any  meeting  for  the  choice  of  town  Depositing  of 
officers  in  a  town  not  usinir  official  ballots  no  ballot  shall  ''^'^^^°  ^^"°*'- 
be  received  by  the  moderator  unless  presented  for  deposit 
in  the  ballot  box,  open  and   unfolded,  by  the  voter   in 
person,  and  so  that  the  moderator   can  know  that  only 
one  ballot  is  presented.     No  moderator  or  other  election  Ballots  not  to  be 
officer  shall,  before  the  polls  are  closed,  read  or  examine,  amined  before 
or  permit  to  be  read  or  examined,  the  names  contained  pon^ are cioeed. 
upon  any  ballot. 

Section  34(3.     The  moderator  shall  receive  the  votes  Moderator  to  re- 
of  any  person  whose  name  is  on  the  voting  list,  or  who  reglstlred"  °^ 
presents  a  proper  certiticate  from  the  registrars  of  voters.  ^°^*^'"*- 

Section  347.     The    secretary    of  the    Commonwealth  Baiiots  for  vot- 
shall  at  least  seven  davs  l^efore  the  annual  meeting  send  o^f^grrnting^ '°" 
to  the  town  clerk  of  each  town  not  using  official  ballots,  »i^°' I'^^e^^^^- 
Ijallots  upon  the  question  of  granting  licenses  for  the  sale 
of    intoxicating  liquors  therein,  which  shall  contain  the 
words  :   "  Shall  licenses  be  granted  for  the  sale  of  intox- 
icating liquors  in  this  town?  "     "  Yes."  or  "  Xo.",  and  no 
other  words.     Ballots  of  each  kind  shall  be  provided  in 
number  equal  at  least  to  the  number  of  registered  voters 
in  such  town.     They  shall  be  distributed  to  the  voters  at  Distribution. 
the  polling  place  under  the  direction  of  the  town  clerk. 

Section  348.     Xo  ballot  shall  be  received  from  any  Baiiots  for 

,.  /.  11  .J,  .  .  J.  .  women  voting 

woman  voting  tor  school  committee  in  a  town  not  using  for  school 
official  ballots'  unless  it  has  the  words  "  For  School  Com-  '='''"°^"tee. 
mittee  only  ",  on  the  back  thereof.      Such  ballots  shall  be  counting. 
counted  onh^  in  the  choice  of  members  of  the  school  com- 
mittee, and  for  no  other  office  or  purpose. 

Section  349.     Towns   divided    into   voting   precincts  Towns  may 
may,  for  their  annual  town  election,    establish  precinct  cLct  votinrfor 
voting  for  all  town  officers  to  be  chosen  thereat  and  for  and'on'qulstion 
voting  on  the  question  of  granting  licenses  for  the  sale  i°q^or°icenges 
of  intoxicating  liquors,  by  accepting  the  provisions  of  this 
section  at    a   meeting  called    for   the    purpose  and  held 
fourteen  days  at  least  before  the  annual  town  meeting. 
In  towns  so  votinir,  or  which  have  accepted  the  correspond-  other  matters 

~'  1  .11    to  oe  acted  upon 

inir  provisions  of  earlier  laws,  all  matters  to  be  considered  at  a  subsequent 
at  the  annual  town  meeting,  other  than  the  election  ot 
town  oflicers  and  the  f|uestion  of  granting  licenses  for  the 
sale  of  intoxicating   licjuors,  shall  be  in  order  only  at  a 
town  meeting  held  within  thirty  days  after  the  date  of  the 


650 


Acts,  1898.  — Chap.  548. 


Time  and  place 
of  holding  eub- 
eequent  meet- 
ing, etc. 


Not  to  vote  by 
precincts  at 
special  elections 
of  town  officers. 


Town  clerk  and 
registrars  to 
canvass  returns 
and  notify  per- 
sons electea, 
etc. 


annual  election,  and  not  later  than  the  thirtieth  day  of 
April.  The  time  and  place  of  holding  such  subsequent 
meeting  shall  l^e  stated  in  the  warrant  for  the  annual  elec- 
tion, and  said  election,  sul)sequent  meeting  and  its  ad- 
journments shall  be  regarded  as  parts  of  the  annual  town 
meeting.  The  election  of  a  moderator  shall  be  the  first 
business  in  order  at  said  subsequent  meeting.  Towns  are 
not  hereb}^  authorized  to  vote  by  precincts  at  special  elec- 
tions of  town  otiicers. 

Section  350.  The  town  clerk  and  the  board  of  regis- 
trars, upon  receipt  of  the  returns  from  the  several  pre- 
cincts, shall  forthwith  canvass  the  same  and  immediately 
declare  the  result  and  notify  the  persons  chosen  as  town 
officers  as  provided  in  section  three  hundred  and  forty- 
three  of  this  act.  Nothing  in  this  and  the  preceding  sec- 
tion shall  be  construed  as  authorizing  precinct  voting  in 
special  elections  of  town  officers  to  till  a  vacancy  or  other- 
wise. 


Vacancies,  etc., 
in  town  offices, 
how  filled. 


When  official 
ballots  are 
used. 


Town  clerk 
pro  tempore, 
election. 


Clerk  to  be 
appointed  in 
certain  cases, 
etc. 


6.       PROCEEDINGS     IN    CASES    OF    FAILUHE     TO    ELECT     AND 
VACANCIES    IN    TOWN    OFFICES. 

Section  351.  If  there  is  a  failure  at  an  election  to 
choose  a  town  officer,  or  if  a  person  chosen  does  not  accept 
such  office,  or  if  a  vacancy  occurs,  the  town  may,  at  any 
legal  meeting,  exce]it  as  provided  in  section  three  hundred 
and  tifty-four  of  this  act,  elect  a  person  to  such  office. 

If  at  an  election  of  town  officers  for  which  official 
ballots  are  used,  there  is  a  failure  to  elect  a  town  officer, 
he  may  be  elected  at  an  adjourned  or  succeeding  meet- 
ing;  and  for  such  meeting  l)allots  shall  l)e  })re pared  and 
furnished,  containing  the  nominations  already  made  and 
such  as  may  subsequently  be  made  for  the  office. 

Section  352.  If,  at  a  town  meeting,  there  is  a  vacancy 
in  the  office  of  town  clerk,  or  if  he  is  absent,  the  meeting 
shall  elect  by  ballot  a  clerk  pro  tem])ore.  The  selectmen 
shall  receive  and  count  the  votes  and  declare  the  election 
of  such  clerk.  When,  in  case  of  a  vacancy,  other  duties 
than  those  re(|uiiv(l  of  a  town  clerk  at  a  town  meeting 
are  to  i)e  performed,  or  when  he  is  unal)le  to  perform 
such  duties,  the  selectmen  may  in  writing  under  their 
hands  appoint  a  clerk  for  the  pert'ormance  thereof,  who 
shall  be  sworn  and  shall,  in  the  performance  of  such  duties, 


Acts,  1898.  — Chap.  5^.  651 

have  the  same  powers  and  be  suliject  to  the  same  require- 
ments and  penalties  as  the  town  clerk,  and  he  shall 
immediately  make  a  record  of  his  election  or  ap})oint- 
ment . 

Section  358.     A   })erson  chosen  constable   at  a  town  constable,  eiec 
meeting  shall,  if  present,  forthwith  declare  his  acceptance  ^°'^'^'^' 
or  refusal  of  his  office.     K  he  does  not  accept  the  office, 
the  town  shall,  if  official  ballots  are  not  used,  elect  an- 
other person  to  the  office,  and  continue  so  to  elect  until 
some  person  accepts  the  office  and  is  sworn. 

Section  354.     Kthe  assessors  of  a  town,  or  the  select-  Assessors  may 

,  1      11    .  /•   •!    J  (•  ji      •      be  appointed  in 

men  acting  as  such,  shall  in  any  year  tail  to  pertorm  their  certain  cases, 
duties,  the  county  commissioners  may  appoint  three   or  ^  '^' 
more  inhabitants  of  the  county  to  be  assessors  for  such 
town,  who  shall  be  sworn,  shall  hold  office  until  the  offices 
of  assessors  are  tilled  by  the  town,  and  shall  receive  from 
the  town  the  compensation  of  assessors. 

Section  355.     AVhen  the  office  of  treasurer  or  collector  Treasurer  or 
of  taxes  is  vacant,  or  the  treasurer  or  collector  is  unable  appointment. 
to  perform  his  duties,   the  selectmen  may,   in    writing, 
appoint  a  treasurer  or  collector  pro  tempore,  who  shall 
be  sworn,  give  l>ond  in  like  manner  as  the  treasurer  or 
collector  chosen  by  the  town,  and  hold  such  office  until 
another  is  chosen  by  the  town  and  qualified,  or  the  dis- 
abilitv  is  removed.     If  a  treasurer  or  collector  does  not.  To  give  bond, 
within  ten  days  after  his  election  or  appointment,  give 
bond,   the   selectmen  may  declare  the  office  vacant  and 
appoint  another  in  his  place. 

Section  356.     If  the  office  of  an  auditor  in  a  town  is  Auditor,  ap- 
vacant,  the  remaining  auditors,  if  any,  may  perform  the  p"^*^  ™®°  • 
duties  thereof  and  may  appoint  a  person  to  aid  them.     K 
there  is  no  remaining  auditor,    the    selectmen   shall  ap- 
point an  auditor,  until  another  is  chosen  and  qualified. 

Section  357.  If  there  is  a  failure  to  elect  or  a  vacancy  certain  officers, 
occurs  in  any  town  office,  other  than  the  offices  of  select-  election,  etc' 
mail,  town  clerk,  assessor,  treasurer,  collector  of  taxes  or 
auditor,  the  selectmen  shall,  in  writing,  appoint  a  person 
to  fill  such  vacancy.  If  there  is  a  vacancy  in  a  board 
consisting  of  two  or  more  meinl)ers,  the  remaining  mem- 
l»ers  shall,  in  writing,  give  notice  thereof  to  the  selectmen, 
and  thereupon  the  selectmen  and  such  remaining  member 
or  menil)ers  shall,  after  one  Aveek's  notice,  fill  such  va- 
cancy by  ballot,  and  a  majority  of  the  ballots  of  the  officers 


652 


Acts,  1898.  — Chap.  548. 


Vacancies,  re- 
moval from 
town. 

ProoeedlngB  at 
elections. 


entitled  to  vote  shall  be  necessary  to  such  election.  The 
person  so  appointed  or  elected  shall  perform  the  duties 
of  the  office  until  the  next  annual  meeting  or  until  an- 
other is  chosen  and  qualified. 

Section  358.  If  a  person  removes  from  a  town,  he 
shall  therel)v  vacate  any  town  office  held  l)y  him. 

Section  359.  An  election  by  reason  of  a  failure  to 
elect,  or  to  fill' a  vacancy,  and  the  qualifications  of  a  per- 
son to  be  elected  or  appointed,  shall  be  the  same  as  in 
an  original  election. 


Town  may  vote 
to  use  official 
ballots,  etc. 


Xominations, 
election,  etc. 


Number  and 
terms  of 
officers. 


Change  in  offi- 
cers to  be 
chosen  by 
ballot,  etc. 


4.       TOWN     ELECTIONS     AT    WHICH     OFFICIAL     BALLOTS     ARE 

USED. 

Section  360.  A  town  may,  at  a  meeting  called  for  the 
purpose,  vote  that  official  ballots  shall  thereafter  be  used 
therein  ;  and  may,  at  the  annual  meeting  or  at  a  meeting 
so  called  and  held  at  least  thirty  days  before  the  annual 
town  meeting,  by  a  two  thirds  vote  rescind  such  action. 

In  town  elections  at  which  official  ]>allots  are  used, 
nominations  for  town  officers  elected  by  l)allot  shall  l)e 
made,  ballots  and  other  apparatus  therefor  provided,  and 
elections  of  such  officers  conducted,  in  accordance  with  the 
provisions  of  this  chapter  so  far  as  applicable  thereto. 

Section  olil.  When  a  town  votes  that  official  l)allots 
shall  be  used  for  the  election  of  town  officers  it  shall  at 
the  same  meeting  determine  what  officers  in  addition  to 
those  required  to  be  so  elected  shall  thereafter  be  so 
chosen,  and  determine  the  number  and  terms  of  office  if 
not  already  fixed.  No  change  shall  thereafter  l)e  made 
in  the  officers  to  be  chosen  by  ballot  or  in  the  number  or 
terms  of  office  thereof,  unless  at  a  meeting  held  at  least 
thirty  days  before  the  annual  meeting  at  which  such  change 
is  to  become  operative. 


Penalties,  on 
assessor  or  as- 
sistant assessor. 


Title  XII. 

1.     penalties  upon  officers. 

Section  3()2.  An  assessor  or  assistant  assessor  who 
knowingly  enters  on  any  list  of  assessed  polls,  or  causes 
or  allows  to  be  entered  thereon,  the  name  of  any  person 
as  a  resident  of  a  building,  who  is  not  a  resident  thereof, 
shall  for  each  ofi'ence  l)e  punished  by  imprisonment  in 
jail  not  exceeding  six  months. 


Acts,  1898.  —  Chap.  548.  653 

Section  363.  A  registrar  or  a-ssistant  registrar  who  Penalties, on 
refuses  or  wilfully  neglects  to  require,  under  section  forty-  asfisJnt  regie- 
eight,  an  ajiplicant  for  registration  to  read  the  live  lines  *'^*'"' 
from  the  constitution  of  the  Commonwealth  in  such  man- 
ner as  to  show  that  he  is  neither  prompted  nor  reciting 
from  memory,  or  to  write  his  name  in  the  register,  unless 
he  is  prevented  by  physical  disability  from  so  doing,  or 
unless  he  was  a  voter  on  the  first  day  of  May  in  the  year 
eighteen  hundred  and  fifty-seven,  or  distinctly  to  announce 
the  name  of  an  a})plicant  for  registration  before  entering 
his  name  upon  the  register,  or  who  knowingly  prevents 
or  seeks  to  prevent  the  registration  of  any  legal  voter, 
or  who  knowingly  registers  the  name  of  any  person  not 
qualified  to  vote,  or  who  is  guilty  of  any  fraud  or  corrupt 
conduct  in  the  execution  of  the  duties  of  his  office,  shall 
be  punished  by  imprisonment  in  jail  not  exceeding  six 
months. 

Section  364.  An  officer  of  a  caucus  or  convention  on  officer  of  a 
who  knowingly  makes  any  false  count  of  ballots  or  votes,  convention. 
or  makes  a  false  statement  or  declaration  of  the  result 
of  a  l)allot  or  vote,  or  knowingly  refuses  to  receive  any 
ballot  ort'ered  by  a  person  qualified  to  vote  at  such  caucus 
or  convention,  or  wilfully  alters,  defaces  or  destroys  any 
ballots  cast,  or  voting  lists  used  thereat,  l)efore  the  re- 
quirements of  this  act  have  been  complied  with,  or  declines 
or  wilfully  fails  to  receive  any  written  request  made  as 
therein  required,  or  declines  or  wilfully  fails  to  perform 
any  duty  or  obligation  imposed  thereby  shall  be  pun- 
ished by  imprisonment  in  jail  not  exceeding  three  months. 

Any  ])residing  officer,  secretary  or  clerk  of  a  caucus,  On  caucus  om- 
who  wilfullv  neo-lects  or  refuses  to  complv  with  the  re-  to  comply  wuh 
quirements"  of  section  ninety-eight  of  this   act,   shall   be  |X'^e'^«°t«  "^ 
punished  by  a  fine  not  exceeding  fifty  dollars  for  each 
offence. 

Section  365.  A  caucus  officer  who  violates  any  of  the  On  caucus  offi. 
provisions  of  section  ninety-one  of  this  act  shall  be  pun-  anyprov^sions 
ished  b}'  imprisonment  in  jail  not  exceeding  one  year.         of  §91. 

Section  366.     A  supervisor  appointed   under  section  On  superviBor 
one  hundred  and  eighty-two  of  this  act,  violating  any  pro-  proviBilfns'Jrf 
vision  thei-eof.  shall  he  punished  l)y  imprisonment  in  jail  ^^^^' 
not  exceeding  one  year. 

Section  Hi; 7.      An  election  officer  who,  before  thejiub-  On  election 
lie  declaration  of  the  vote  at  an  election,  makes  any  state-  °  *'*'' 
ment  of  the  numbr'r  of  l)allots  cast,  of  the  numljer  of  votes 


654: 


Acts,  1898.  — Chap.  548. 


Penalties, 
on  presiding 
officer. 


On  officer 

recounting 

ballots. 


On  presiding 
officer  at  town 
election. 


On  election 
olHcer. 


On  city  or  town 
clerk. 


Same  subject. 


given  for  any  person,  of  the  name  of  any  person  who  has 
voted,  of  the  name  of  any  person  which  has  not  Ijeen  voted 
on,  or  of  any  other  fact  tendino-  to  show  the  state  of  the 
polls,  shall  be  punished  by  imprisonment  in  jail  not  ex- 
ceeding thirty  days. 

Section  368.  A  presiding  officer  at  a  caucus  or  at  a 
state  or  city  election,  or  at  an  election  in  a  town  at 
which  official  Imllots  are  used,  who,  when  the  right  of  a 
person  offering  to  vote  is  challenged  for  any  legal  cause, 
wilfully  or  negligently  fails  to  require  the  name  and  resi- 
dence of  such  person  to  be  w^'itten  upon  the  1)allot  offered 
by  him,  and  to  add  thereto  the  name  of  the  person  chal- 
lenging and  the  assigned  cause,  before  such  ballot  is  re- 
ceived, shall  be  punished  by  imprisonment  in  jail  not 
exceeding  one  year. 

Section  369.  An  election  or  other  officer  wdiose  duty 
it  is  to  recount  the  Ijallots  cast  at  an  election,  who  makes 
any  statement  or  gives  any  information  in  regard  to  a  bal- 
lot cast  by  a  voter  challenged  at  such  election,  except  as 
recjuired  by  law,  shall  l)e  punished  by  imprisonment  in 
jail  not  exceeding  one  year. 

Section  370.  A  presiding  officer,  who,  at  a  town 
election  at  which  official  ballots  are  not  used,  before  the 
polls  are  closed  and  without  the  consent  of  a  voter,  reads 
or  examines,  or  ])erniits  to  be  read  or  examined,  the  names 
written  on  the  ballot  of  such  voter,  in  order  to  ascertain 
the  persons  voted  for  by  him,  shall  be  punished  by  im- 
prisonment in  jail  not  exceeding  thirty  days. 

Section  371.  A  presiding  or  other  election  officer 
who  wilfully  or. negligently  violates  any  provision  relat- 
ing to  the  enclosing  in  envelopes,  sealing,  endorsing  and 
delivering  or  transmitting  of  l)allots  and  voting  lists  after 
the  votes  have  been  counted  and  recorded,  shall  be  i)un- 
ished  by  imprisonment  in  jail  not  exceeding  one  year. 

Section  372.  A  city  or  town  clerk  who  examines  or 
permits  to  be  examined,  except  as  required  by  law,  bal- 
lots cast  at  an  election  which  are  received  and  retained  by 
him  under  section  two  hundred  and  thirty-eight  of  this 
act,  shall  be  ])unished  by  a  tine  not  exceeding  two  hun- 
dred dollars. 

Section  373.  A  city  or  town  clerk  who  fails  to  make 
record  of  votes  cast  at  an  election  and  to  make  and  trans- 
nn't  copies  of  any  such  record,  as  re(iuire(l  by  this  act,  shall 
be  punished  l)y  tine  not  exceeding  two  hundred  dollars; 


Acts,  1S98.  — Chat.  548.  655 

but  ii'  a  copy  of  the  records  is  deposited  in  the  post  office, 
within  the  time  tixed  for  tninsniission  or  deliver}',  postpaid 
and  })roi)erly  addressed,  it  shall  l)e  a  bar  to  any  complaint 
for  delinquency. 

Sectiox  374.     A  city  or  town  clerk  or  a  precinct  clerk  Penalties,  on 
who  wilfully  signs  a  certiticate  not  in  accordance  with  the  precincrcierk. 
result  of  an    election  as  a])i)earing  by  the   records   and 
copies  of  records  of  yotes  cast  or  by  a  recount  of  votes, 
shall  be  punished  by  imprisonment  in  jail  not  exceeding- 
one  year. 

Section  375.  A  selectman  who  wilfully  gives  a  cer- on  Beiectmen. 
tificate  of  election  to  a  person  voted  for  as  representative 
in  the  general  court,  not  in  accordance  with  the  declaration 
of  the  vote  in  open  town  meeting  at  the  time  of  the  elec- 
tion, or  not  in  accordance  Avith  a  recount  of  votes,  shall 
be  punished  by  imprisonment  in  jail  not  exceeding  one 
year. 

Section  37(5.     Any  public  officer,  caucus  or  election  on  any  puwic 
officer,  or  officer  or  member  of  a  political  committee  or,  ofeTecuou  om- 
political  convention,  u])on  whom  a  duty  is  imposed  by  or'mlmbl'i-^of  a 
laAv,  who  refuses  or  wilfully  neo-lects  or  wilfully  fails  to  political  com- 

'  .  .»  mittee  or  con- 

periorm  such  duty,  or  who  wiltully  periorms  it  contrary  veution,  etc. 
to  law,  shall  for  each  offence,  if  no  other  penalty  is  herein 
specitically  imposed  therefor,  be  punished  by  imprison- 
ment in  jail  not  exceeding  one  year.     Any  election  officer  on  election 
in  the  city  of  Boston  who  knowingly  permits  or  aids  in  bmToV.^ 
the  violation  of  any  provisions  of  law  relating  to  regis- 
tration or  elections,  shall  he  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. 


•2.       PENALTIES    ITPON    yOTERS. 

Section  377.     AVhoever  at  a  caucus  votes  or  attempts  Foriiiegaivot- 
to  vote,  knowing  that  he  is  not  entitled  so  to  do,  or  votes  inftovote?^^^ 
or  attempts  to  vote  upon  any  name  other  than  his  own,  glfishll^mark 
or  more  than  once  on  his  own  name,  or  casts  or  attempts  o"^''"o'- 
to  cast  more  than  one  ballot,  or  i)laces  any  distinguish-  SicTtatcment, 
ing  mark  upon  a  ballot,  or  makes  a  false  statement  as  to  ani^^jngmark- 
his   a])ility  to  mark  his  ballot,  or  unlawfully  allows  the  jngof  baiiotto 

,.•,.,.,,,  '  .  be  seen,  making 

inarking  oi   his  ballot  to  he   seen   by  any  person,  or  gives  false  answer  or 
a  false  answer  to,  or  makes  a  false  oath  before,  a  ])resid- 
ing  officer,  shall   be  ])unished  by  imprisonment  in  jail  not 
exceedimr  six  months. 


656 


Acts,  1898. 


Chap.  548. 


Penaltiee, 
for  violating 
provisions  of 
§91. 

For  placing 
distinguishing 
mark  on  ballot. 


For  making 
false  statement, 
unlawfully 
allowing  ballot 
to  be  seen. 


For  illegally 
voting  or  at- 
tempting to 
vote. 


For  giving  false 
answer. 


Section  378.  A  voter  who  violates  any  of  the  pro- 
vi.sions  of  section  ninety-one  of  this  act  shall  be  punished 
by  imprisonment  in  jail  not  exceeding  one  year. 

Skction  87!).  A  voter  who  at  an  election  places  any 
distinguishing  mark  upon  his  ballot  shall  be  punished  by 
imprisonment  in  jail  not  exceeding  six  months. 

Section  380.  A  voter  who  makes  a  false  statement 
as  to  his  inaliility  to  mark  a  ballot,  or  who,  excei)t  for  the 
purpose  of  obtaining  assistance  under  section  two  hun- 
dred and  twenty-six  of  this  act,  allows  his  ballot  to  be 
seen  In'  any  person  with  an  intention  of  indicating  how 
he  is  about  to  vote,  shall  be  punished  hy  a  line  not  exceed- 
ing one  hundred  dollars. 

Section  381.  Whoever  at  an  election,  knowing  that 
he  is  not  a  qualified  voter,  \vilfully  votes  thereat ;  who- 
ever at  an  election  votes  more  than  once  on  his  own  name, 
his  name  having  been  registered  more  than  once  ;  whoever 
at  an  election  votes  in  more  than  one  voting  precinct  or 
town,  his  name  having  been  registered  in  more  than  one 
voting  precinct  or  town  ;  whoever  at  an  election  votes  or 
attem])ts  to  vote  u})()n  any  name  other  than  his  own,  or 
knowingly  casts  or  attempts  to  cast  more  than  one  ballot 
at  one  time  of  balloting,  shall  be  punished  by  imprison- 
ment in  jail  not  exceeding  one  year. 

Section  382.  Whoever  at  an  election  wilfully  gives 
a  false  answer  to  a  presiding  officer  shall  be  punished  by 
a  tine  not  exceeding  one  hundred  dollars. 


For  refusal  to 
give  true  name, 
information, 
etc. 


For  giving 
name  of  non- 
resident. 


3.     general  penalties. 

Section  383.  Whoever,  being  an  inmate  of  a  build- 
ing, and  liable  to  be  assessed  for  a  poll  tax,  refuses  or 
neglects  to  give  his  true  name  when  asked  by  an  assessor 
or  assistant  assessor,  or  whoever,  Ijeing  an  owner  or 
occupant  of  a  building,  refuses  or  neglects  to  give  the 
full  and  true  information  within  his  knowledge  relating 
to  all  persons  residing  in  such  building,  when  asked  by 
an  assessor  or  assistant  assessor,  shall  be  punished  l^y 
imprisonment  in  jail  not  exceeding  three  months. 

Section  384.  Whoever  knowingly  gives  to  an  assessor 
or  assistant  assessor,  for  the  purpose  of  the  assessment 
of  a  ])oll  tax,  the  name  of  any  person  as  a  resident  of  a 
I)uilding  who  is  not  a  resident  therein,  shall  be  punished 
by  imprisonment  in  jail  not  exceeding  one  year, 


Acts,  1898.  — Chap.  548.  657 


Section  385.     Whoever  knowinsrly  or  wilfully  makes  Penalties. 
a  false  affidavit  or  takes  a  false  oath,  or  signs  a  false  cer-  davit!  oath  or 
titicate  relative  to  the   qualitioations   of  any  person  for  <'«''*>'i*=^*®- 
assessment  or  registration,  shall  be  i)unished  by  imprison- 
ment in  jail  not  exceeding  one  year. 

Section  380 .     AVhoever  causes  his   name  to  be  reg-  For  registering 
istered,  knowing  that  he  is  not  a  qualified  voter  in  the  fled,  false  repre- 
})laoe   where   he   is   so   registered,  or  falsely  represents,  MBwer^'etc. 
or  attempts  to  represent  himself  as  some   other  person 
to  any  registrar  or  assistant  registrar,   or  gives   a  false 
answer  to  either,   concerning  any  matter  relating  to  the 
registration  of  a  voter,  or  the  right  of  any  person  to  vote, 
or  aids  or  abets  any  other  person  in  doing  any  of  the 
acts    above-mentioned,   shall    be  punished    by  imprison- 
ment in  jail  not  exceeding  one  year.     Whoever,  in  the  For  giving  false 
city  of   Boston,   gives  a  false   answer  to  any  authorized  fe^g^Tiy^'register- 
question  relating  to  his  registration  asked  by  any  elec-  a"tfemptin|to 
tion  connnissioner  or  deputy  commissioner  in  the  city  of  ^^edty^'of^" 
Boston,  or  attempts  to  register  under  a  name  other  than  Boston, 
his  own,  or  otherwise  to  register  illegally,  or  votes  or 
attempts  to  vote  under  a  name  other  than  his  own,  or 
otherwise  to  vote  illegally,  shall  be  punished  by  imprison- 
ment in  the  state  prison  for  not  more  than  three  years, 
or  in  the  house  of  correction  for  not  less  than  six  months. 

Section   387.     AAHioever   refuses  to  obey  the  lawful  Jo^^'dSeteyl'' 
orders  or  directions  of  a  registrar  or  assistant  registrar,  at  registration. 
or  interrupts  or  disturbs   the  proceedings   at  any  regis- 
tration, shall  be  punished  by  fine  not  exceeding  one  hun- 
dred dollars. 

Section  38s.     Whoever    interferes  with,    or  aids    or  For  interfering 

..,,..,,  .  ,.  with  Bupenlsor 

al>ets    any  person  in  intertering   with  any  su])ervisor  oi  of  registration. 
registi-ation  in  the  performance  of  his  duty,  shall  be  pun- 
ished by  imprisonment  in  jail  not  exceeding  one  year. 

Section  389.     Whoever   wilfully  defaces  or  removes  For  defacing  or 

.      '       ,.         ,  ,  •  removing 

a  notice  relating  to  the  registration  ot  voters,  any  voting  notice, voting 
lists  or  notice  or  warrant  for  an  election,  posted  in  a  city  ^"ts- "'=*"'«>*' 
or  town,  shall  be  punished  l)y  imprisonment  in  jail  not 
exceeding  one  year. 

Section  390.     ^^^loever  aids  or  abets  a  person  not  en-  For  aiding 

.    ,      ,  .  .  ,  _,  1-  1  1         J.  person  in  illegal 

titled  to  vote  in  voting  or  attempting  to  vote  at  a  caucus,  voting, inter- 
or  in  voting  or  attemi)ting  to  vote  under  a  name  other  voter^etr 
than   his  own,  or  in  casting  or  attempting  to  cast  more 
than  one  ballot,  or  wilfully  and  without  lawful  authority 
hinders,  delays  or  interferes  with,  or  aids  in  hindering. 


658 


Acts,  1898.  — Chap.  d4S. 


Penalties, 
for  altering 
ballot  cast  at 
caucus,  illegally 
depositing  or 
remoN"ing  ballot, 
etc 


For  falsely 
making,  tiling, 
sujipressing, 
defacing,  etc., 
certificate, 
nomination 
paper  or  lett<>r. 


On  magistrate 
taking  oath  of 
signer  to  nomi- 
nation paper. 


For  writing, 
printing,  post- 
ing, distribut- 
ing, etc.,  anony- 
mous circulars, 
etc. 


For  posting,  dis- 
tributing, etc., 
certain  posters, 
cards,  etc.,  at  a 
caucus  or 
election. 


delaying  or  interterinir  with,  a  voter  when  on  his  way  to 
a  caucus,  or  when  marking  his  ballot,  or  voting  or  at- 
tempting to  vote,  or  endeavors  to  induce  a  voter  to  show 
his  ballot,  shall  l)e  })unished  by  imprisonment  in  jail  not 
exceeding  one  year. 

Section  391.  Whoever  alters  a  ])allot  cast  at  a  caucus 
or,  not  being  authorized  thereto,  deposits  a  ])allot  in  a 
l)allot  box  or  envelope  used  at  a  caucus,  or  removes  a 
ballot  from  such  ballot  box  or  envelope,  shall  be  punished 
by  imprisonment  in  jail  not  exceeding  three  years. 

Section  392.  Whoever  falsely  makes  or  wilfully 
alters,  defaces,  mutilates,  destroys  or  suppresses  any  cer- 
titicate  of  nomination  or  nomination  })a})er,  or  letter  of 
withdrawal  of  a  name  from  such  paper ;  or  unlawfully 
signs  any  such  certificate,  paper  or  letter ;  or  files  any 
such  certificate,  paper  or  letter,  knowing  the  same  to  be 
falsely  made  or  altered,  shall  be  i)unished  by  iun)rison- 
ment  in  jail  not  exceeding  one  year. 

Section  393.  Whoever  as  a  notary  pu1)lic,  justice  of 
the  peace,  or  other  magistrate,  takes  the  oath  of  a  signer 
to  a  nomination  paper  without  satisfying  himself  that  the 
person  to  Avhom  the  oath  is  administered  is  the  signer 
of  such  nomination  paper,  or  who  shall  fail  to  state  in  his 
attestation  of  such  oath  that  he  is  so  satisfied,  shall  }>e 
])unished  by  a  fine  of  not  less  than  ten  dollars  or  more 
than  fifty  dollars  for  each  offence. 

Section  394.  Whoever  intentionally  Avrites,  prints, 
l)osts,  or  distributes,  or  causes  to  be  written,  printed, 
posted,  or  distributed,  a  circular  or  i)oster  which  is  de- 
signed or  tends  to  injure  or  defeat  any  candidate  for 
nomination  or  election  to  any  pul)lic  office,  by  criticising 
his  personal  character  or  political  action,  unless  there 
ajipears  upon  such  circular  or  poster  in  a  conspicuous 
place  either  the  names  of  the  chairman  and  secretary,  or 
of  two  officers  of  the  political  or  other  organization  issu- 
ing the  same,  or  of  some  voter  Avho  is  responsible  there- 
for, with  his  name  and  residence,  and  the  street  and 
number  thereof,  if  any,  shall  be  punished  by  imprison- 
ment in  jail  not  exceeding  six  months. 

Section  395.  Whoever  posts,  circulates  or  distri]> 
utes  any  poster,  card,  handbill,  placard,  picture  or  circu- 
lar except  a  paster  to  be  placed  upon  the  official  ballot, 
intended  to  influence  the  action  of  a  voter,  at  any  cau- 
cus or  election,  in  the  polling  place,  in  the  building  in 


Acts,  1898.  —  Chap.  548.  659 

which  the  polling  place  is  located  or  on  the  walls  thereof, 
on  the  j^reniises  on  which  the  building  stands,  or  on  the 
sidewalk  adjoining  said  premises,  shall  l)e  punished  by  a 
tine  not  exceeding  twenty  dollars. 

Section  396.     Whoever  wilfully  or  maliciously  injures  Penalties, 
or  destroys  a  l)allot  l)ox  or  any  of  the  ])lank  forms  or  de8tr"oying^bar- 
ap])aratus  furnished  to  a  city  or  town  under  sections  one  o^^app^a'ratus!'* 
hundred  and  cighty-tive  and  one  hundred  and  eighty-six  of 
this  act,   shall   l)e  punished  by  imprisonment  in  jail  not 
exceeding  one  year.  • 

Section  397.     Whoever*  refuses    or  wilfully  neglects  For  refusal  or 
to  comply  wnth  any  i-egulation  made  by  the  aldermen  or  pfy \vuh°regu^-' 
bv  the    selectmen   relative    to  the  maimer  of  receiviiiir,  }!^*'°"!K.f!fi"''' 
countino;  and  returnino;  votes  cast  at  an  election,   or  to  countipgand 

~  ~  .   '  returning  votes  ^ 

the  use  of  seals  and  ballot  boxes,  shall  be  punished  l^y  etc. 
imprisonment  in  jail  not  exceeding  six  months. 

Section  39'S.     AVhoever  prevents  a  supervisor  of  elec-  For  preventing, 
tionsfrom  doing  any  of  the  acts  authorized  by  section  one  molesting,  etc., 
hundred  and  eiglit>'-two  of  this  act,  or  hinders  or  molests  eieaiTn!"'^  °^ 
him  in  doing  any  such  acts,  or  aids  or  abets  in  preventing, 
hindering  or  molesting  him  m  doing  any  of   such  acts, 
shall  l)e  })unished  ))y  imprisonment  in  jail  not  exceeding 
one  year. 

Section  399.     Whoever  prints  or  distributes  a  ballot  5^.°^  printing  or 

,  •  1  1  •  >  1  •  distributing 

tor  use  in  the  election  ot  moderator  at  a  town  meeting  baiiot  in  vioia- 
in  violation  of  section  three  hundred  and  thirty-eight  of 
this  act,  shall  be  punished  by  imprisonment  in  jail  not 
exceeding  sixty  days. 

Section  400.     Whoever,  before  an  election,  wilfully  de-  For  defacing, 
faces  or  destroys  any  list  of  candidates  posted  under  this  iists,  cards^  bail 
title,  or,  during  a  caucus  or  an  election,  wilfully  defaces,  ^°^^' ^"pp '«^> 
tears  down,  removes  or  destroys  any  card  of  instruction 
or  specimen  ballot  posted  for  the  instruction  of  voters,  or 
duriiiir  a  caucus  or  an  election,  wilfully  removes  or  destroys 
any  of  the  supi)lies  or  conveniences  furnished  to  enable 
a  voter  to  prepare  his  ballot,  shall  be  punished  by  fine 
not  exceeding  one  hundred  dollars. 

Section    401,     AVhoever  fofges  or  falsely  makes  the  For  forging, 
offirial  endorsement  on  any  I)all()t,  or  Avilfully  destroys  or  ment^destroj- 
defacos  a  l)allot,  or  wilfully  delays  the  delivery  of  any  bal-  defAyi^ng  de- 
lots,  shall  be  punished  by  imprisonment  in  jail  not  exceed-  li^ery  of  baiiot. 
ing  one  year. 

Section  4<)2.      Whoever  wilfully   and   without   lawful  or°deiaS"°^ 
authority  obstructs  or  delays  a  voter  when  on  his.  way  ^oter. 


660 


Acts,  1898.  — Chap.  548. 


PenaltieB, 
for  interfering 
■with  or  induc- 
ing voter  to 
«how  ballot. 


Per  obstructing 
roting. 


■Por  aiding  or 
abetting  in 
illegal  voting. 


For  marking 
■ballot  con- 
trary to  law. 


For  altering, 
depositing  or 
removing  ballot 
with  intent  to 
defraud. 


For  removal  of 
ballot  from 
enclosed  space. 


Por  employing, 
etc.,  certain  per- 
eons  on  day  of 
stale  election. 


to  the  pollino;  place  where  he  is  entitled  to  vote,  or  while 
he  is  voting  or  attempting  to  vote,  or  aids  or  assists  in 
any  such  obstruction  or  delay,  shall  l)e  punished  by  im- 
prisonment in  jail  not  exceeding  one  year. 

Section  403.  Whoever  interferes  or  attempts  to  in- 
terfere with  a  voter  Avhen  he  is  marking  his  ballot  or  is 
Avithin  the  space  enclosed  by  the  guard  rail,  or  endeavors 
to  induce  a  voter,  before  he  has  voted,  to  show  how  he 
marks  or  has  marked  his  ])allot,  shall  l)e  punished  l)y  a 
fine  not  exceeding  one  hundred  dollars. 

Section  404.  Whoever  wilfully  obstructs  the  voting 
at  an  election  shall  be  punished  l)y  a  fine  not  exceeding 
one  hundred  dollars. 

Section  405.  Whoever  aids  or  abets  a  person  not 
qualified  to  vote  at  an  election,  in  voting  or  attem})ting  to 
vote,  or  aids  or  abets  a  person  in  voting  or  attem})ting  to 
vote  under  a  name  other  than  his  own,  or  in  casting  or 
attempting  to  cast  more  than  one  ballot  at  one  time  of 
balloting,  shall  be  punished  l)y  imprisonment  in  jail  not 
exceeding  one  year. 

Section  40(5.  Whoever  places  a  mark  against  a  name 
on  a  ballot  not  cast  by  himself,  or  places  a  distinguishing 
mark  on  a  ballot  not  cast  by  himself,  except  as  authorized 
by  law,  shall  be  })unished  by  imprisonment  in  jail  not 
exceeding  three  years. 

Section  407.  AVhoever,  with  intent  to  defraud,  alters 
a  ballot  cast  at  an  election ;  or,  with  such  intent,  depos- 
its a  ballot  in  the  ballot  box  used  at  an  election,  or  in 
an  en^-elope  provided  by  law  for  the  preservation  of  bal- 
lots cast  at  an  election ;  or,  with  such  intent,  removes  a 
ballot  from  any  such  ballot  box  or  envelope,  shall  be 
punished  by  imprisonment  in  jail  not  exceeding  three 
years. 

Section  408.  Whoever  removes  a  ballot  from  the 
space  enclosed  by  the  guard  I'ail  ])efore  the  close  of  the 
polls,  shall  be  punished  by  imprisonment  in  jail  not  ex- 
ceeding one  year. 

Section  401).  An  owher,  superintendent  or  overseer 
in  any  manufacturing,  mechanical  or  mercantile  establish- 
ment, except  such  as  may  lawfully  conduct  its  business 
on  Sunday,  who  employs  or  permits  to  be  employed 
therein  any  person  entitled  to  vote  at  a  state  election, 
during  the  period  of  two  hours  after  the  opening  of  the 
polls  in  the  voting  jirecinct  or  town  in  which  such  ])er- 


Acts,  1898.  — Chap.  548,  661 

son  is  entitled  to  vote  if  he  shall  make  application  for 
leave  of  al)sence  during  such  period,  shall  be  punished 
by  tine  not  exceeding  one  hundred  dollars. 

Section  410.      AMioever,  by  threatening  to  discharge  Penalties, 
a  person  from  his  employnient  or  to  reduce  his  wages,  or  trinfluencL"*^ 
by  i)romising  to  give  him  employment  at  higher  wages,  threats ''etc. 
attempts  to  influence  a  voter  to  give  or  to  withhold  his 
A ote  at  an  election,  or  whoever,  because  of  the  giving  or 
withholding  of  a  vote  at  an  election,  discharges  a  person 
from  his  employment  or  reduces  his  wages,  shall  be  pun- 
ished b>'  imprisonment  in  jail  not  exceeding  one  year. 

Section  411.     Whoever  pays,  or  gives,  or  direct! v  or  For  bribery  at 
indirectly  promises  to  a  voter  any  gift  or  reward  to  in-  ^^®''*^°°*- 
tluence  his  vote  or  to  induce  him  to  withhold  his  vote, 
shall  be  punished  by  imprisonment  in  jail  not  exceeding- 
one  year. 

Section  412.     Whoever,  at  a  caucus  or  at  an  election,  For  disorderly 
behaves  in  a  disorderly  manner,  and,  after  notice  from  the  caucuses^r 
presiding  otiicer,  persists  in  such  behavior  and  refuses  to  ®^®<='i<^''®- 
withdraw  from  the  jiolling  place,  shall  be  punished  by  im- 
prisonment in  jail  not  exceeding  thirty  days. 

Section  413.     Whoever  wilfully  disobeys  any  lawful  or*der8^of*eiec^ 
command  of  an  election  or  caucus  officer,  shall  be  pun- tio?  or  caucus 
ished  by  imprisonment  in  jail  not  exceeding  thirty  days. 

Section  414.     Whoever,  when  ordered  bv  the  presid-  For  not  remov- 

.  .   ^  iDg  pipe, 

inji:  officer  of  an  election  or  caucus  or  meetino;,  refuses  or  cigar,  iiquor, 

>  I  •  •  .  etc . 

fails  to  remove  any  pipe,  cigar,  cigarette  or  liquor,  or  to 
withdraw  from  the  polling  place,  as  provided  by  section 
two  hundred  and  nineteen  of  this  act,  shall  be  punished 
by  tine  not  exceeding  twenty  dollars. 

Section  41.5.     AVhoever  gives  any  information  derived  j^^oi^'iltifn 
iVom  a  recount  of  votes   relative  to  a  ballot  cast  bv  Ji  '"?"■?,'■'"'' *^^ 

1  •  1      n    1  "^  challenged 

challenged  voter  at  an  election  or  caucus,  shall  be  pun-  votes. 
ished  by  imprisonment  in  jail  not  exceeding  one  year. 

Section    41().     Wiioever    violates    the  "provisions    of  ^^^o'vls'ionfof 
sections   two  hundred   and  eio-htv-nine   to    two    hundred  §§^^^9 to 291 

1       .  .  .  ,    ^.     -  .  inclusive. 

and  ninety-one,  inclusive,  of  this  act,  shall  be  punished  l)y 
imprisonment  in  jail  not  exceeding  one  year,  and  who- 
ever violates  any  other  jjrovision  of  this  act  relating  to 
corrupt  practices  in  elections,  shall  l)e  punished  l)y  line 
not  exceeding  one  thousand  dollars. 

Section  417.  The  su])reme  judicial  court  and  the  Enforcement  of 
su])erior  court  shall  have  jurisdiction  at  law  or  in  equity  p"^"^'*'""^' ^  ^• 
to  enforce    the    ])rovisions    of  this    act.      Polici^    olHcers 


662  Acts,  1898.  — Chap.  548. 

and  constables  shall  arrest  without  warrant  any  person 
detected  in  the  act  of  violating  the  caucus  or  election 
laws. 

Title  XIII. 

1.       REPEAL   OF   FORMER    STATUTES. 

^^P""'-  Section  418.     Chapters  four  hundred  and  seventeen 

and  four  hundred  and  sixty- five  of  the  acts  of  the  3'ear 
eighteen  hundred  and  ninety-three  ;  chapters  one  hun- 
dred and  thirty-two,  two  hundred,  two  hundred  and  nine, 
sections  one,  two  and  three  of  chapter  two  hundred  and 
eighteen,  chapters  two  hundred  and  sixty-eight,  two  hun- 
dred and  seventy-one,  two  hundred  and  seventy-five, 
two  hundred  and  ninety-one  and  three  hundred  and 
eighty-five  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four;  chapters  two,  tw^enty-seven,  sixty-one,  one 
hundred  and  ninety-six,  two  hundred  and  seven,  two 
hundred  and  twenty,  two  hundred  and  thirty-seven, 
two  hundred  and  forty,  two  hundred  and  fortj'-two,  two 
hundred  and  forty-four,  two  hundred  and  fifty-three, 
two  hundred  and  sixty-two,  two  hundred  and  seventy- 
five,  two  hundred  and  eighty-five,  two  hundred  and 
ninety-nine,  three  hundred  and  twenty-three,  three  hun- 
dred and  fifty-five,  three  hundred  and  seventy-four,  three 
hundred  and  ninety-eight,  four  hundred  and  twenty-five, 
four  hundred  and  eighty-nine,  five  hundred  and  two, 
sections  two  and  three  of  chapter  five  hundred  and  six, 
chapters  five  hundred  and  seven  and  five  hundred  and 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
five  ;  chapters  seventy-three,  one  hundred  and  nine,  two 
hundred  and  forty-four,  three  hundred  and  nineteen, 
three  hundred  and  sixty-three,  three  hundred  and  eighty- 
three,  three  hundred  and  ninet3^-three,  four  hundred  and 
thirty-five,  four  hundred  and  sixty-nine,  four  hundred 
and  ninety-eight,  five  hundred  and  eighteen,  five  hundred 
and  twenty-seven  and  five  hundred  and  forty-seven  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-six  ;  chap- 
ters ninety-one,  two  hundred  and  ten,  two  hundred  and 
ninety-six,  four  hundred  and  seventy-five,  four  hundred 
and  eighty-two  and  five  hundred  and  thirty  of  the  acts  of 
the  \'ear  eighteen  hundred  and  ninety-seven ;  chapters 
eiirhtv-three,  one  hundred  and  fiftv-five,  one  hundred  and 
sixty-three,  one  hundred  and  seventy-one,  one  hundred 
and  ninet^--one,  sections  one  and  two  of  cha])ter  two  luin- 


Acts,  1898.  — Chap.  r^VX  663 

drod  and  seventeen,  chapters  three  hundred  and  sevent}--  Repeal, 
eight,  three  hundred  and  seventy-nine,  four  hundred  and 
one,  four  hundred  and  twenty-three,  four  hundred  and 
thirty-tive  and  four  hundred  and  seventy-two  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-eight,  and  all 
other  acts  and  parts  of  acts  inconsistent  herewith,  are 
hereby  rei)ealed.  Ajyproved  June  21,  1S9S. 

An  Act  to  provide  an  equitable  process  after  judgment  in  (^J^ff^  ^4-Q 

CERTAIN   CASES.  ■'■ 

Be  it  enacted,  etc.,  asfoUoics: 

Section  1.     The  clerk  of  any  police,  district  or  munic-  Equuabie 
ipal  court  of  the  district  in  wliich  the  debtor  resides  shall,  fu'dgmenflr 
upon  the  tiling  of  an  application  of  the  judgment  creditor  certain  cases. 
in  any  case,  accompanied  by  an  affidavit  that  the  judg-    ■iji.iLk.}  .  (Vw-a/v\( 
ment  is  founded  upon  a  claim  for  the  necessaries  of  life         \40\<\-c£v   UM 
furnished  the  judgment  debtor  or  his  family,  issue  a  notice 
to  the  judgment  debtor  to  appear  before  the  court,  on  a 
day  named  therein,  to  show  cause  why  an  examination 
into  his  circumstances  should  not  be  made  and  a  decree 
be  entered  ordering  him  to  pay  such  judgment  in  full  or 
by  instalments  weekly,  monthly  or  otherwise.     Said  notice 
shall  be  served  by  delivering  a  copy  thereof  to  the  defend- 
ant or  by  leaving  a  cop}'  for  him  at  his  last  and  usual  place 
of  abode,  at  least  seven  da^^s  before  the  return  day  there- 
of.    At  the  time  and  place  named  in  said  notice,  or  at  court  to  ascer- 
such  other  time  and  place  as  the  court  may  appoint,  the  claim. 
court  shall  first  ascertain  if  the  creditor's  claim  is  for  the 
necessaries  of  life,  as  stated  in  his  affidavit,  and,  if  it  so 
finds,  then  an  inquiry  shall  be  made  by  the  court,  by  ex- 
amination of  the  judgment  debtor  or  otherwise,  as  to  his 
circumstances,  his  income  from  any  source  and  his  al)ility 
to  pay  said  judgment ;  and  if  the  defendant  fails  to  appear 
at  the  time  and  place  fixed  such   inquiry  may  proceed  in 
his  absence.     If  the  court  finds  that  the  debtor  is  not  able  if  debtor  la  not 
at  the  time  to  pay  said  judgment  in  full,  or  by  ]X'irtial  pay-  ciarra°coim 
ments  from  time  to  time,  it  shall  enter  a  finding  to  that  fi^jjin^"**"'' 
ettect,  which  finding  shall  be  subject  to  revision  at  any 
time  thereafter  upon  like  notice  and  inquiry,  and  upon 
proof   of  changed  circimistances      But  in  such  case    the 
clerk   shall   not  issue  a  subsequent  notice  to  the  debtor 
until  the  creditor,  or  some  one  in  his  behalf,  has  filed  and 
l)roduced  in  court  an  affidavit  setting  forth,  in  substance, 
the  evidence  of  the  debtor's  change  of  circumstances  upon 


664 


Acts,  1898.  — Chap.  549. 


If  debtor  is  able 
to  pay  court 
shall  enter 
decree  iixing 
time  of  pay- 
meut,  etc. 


Tf  debtor  fails 
to  comply  with 
decree  creditor 
may  cause  him 
to  show  cause, 
etc. 


Debtor  may  be 
proceeded 
against  as  in 
cases  of  con- 
tempt. 


Provisos. 


which  he  relies  for  a  revision,  and  until  the  court  in  its 
discretion  has  determined  that  there  is  occasion  for  a  new 
inquiry  into  the  debtor's  circumstances.  If  however  the 
court  tinds  that  the  debtor  is  able  to  pay  the  judgment  in 
full,  or  by  partial  payments  from  time  to  time,  it  may, 
after  first  allowing  the  debtor  out  of  his  income  from  any 
source  a  reasonable  sum  for  his  own  support  and  that  of 
his  family,  enter  a  decree  fixing  the  time,  place  and 
amount  of  payments  to  be  made  by  the  debtor  on  said 
judgment  out  of  the  excess  of  his  income,  as  thus  dis- 
closed, above  said  allowance. 

Section  2.  If  the  judgment  debtor  at  any  time  fails 
to  comply  with  such  decree  the  creditor  may  cause  him  to 
be  notified  to  show  cause  why  said  decree  has  not  been 
com])licd  with,  and,  unless  the  debtor  shows  good  cause 
for  his  failure  to  comply  with  said  decree,  the  court  may 
make  an  order  that  unless  the  debtor  complies  with  such 
decree,  or  with  such  modification  thereof  as  the  court  may 
then  make,  within  the  time  stated  in  said  order,  such  failure 
shall  be  treated  as  a  contem})t  of  court ;  and  if  at  the  ex- 
piration of  the  time  fixed  by  the  court  for  compliance  with 
such  new  decree  the  judgment  debtor  still  fails  or  refuses 
to  comply  with  such  new  decree,  the  court  may  proceed 
against  him  as  courts  of  equity  are  accustomed  to  do  in 
other  cases  of  contempt  for  refusal  to  comply  with  their 
decrees :  provided^  however,  that  no  more  than  fourteen 
days'  confinement  shall  be  ordered  by  the  court  in  punish- 
ment for  any  one  contempt  by  the  debtor  ;  and,  provided, 
also,  that  said  debtor  may  be  released  by  order  of  the 
court  at  any  time,  either  upon  payment  of  the  claim  and 
costs  or  upon  his  giving  a  bond  to  the  judgment  creditor 
with  one  or  more  sureties  approved  by  the  court  condi- 
tioned that  he  will  comply  with  all  existing  decrees  of  the 
court  and  all  decrees  thereafter  made  ;  or,  after  seven 
days'  confinement,  the  debtor  may  be  released  by  order  of 
the  court  upon  his  personal  recognizance,  signed  bj"  him 
and  filed  in  court,  conditioned  that,  if  released,  he  will 
thenceforth  comply  with  all  decrees  of  the  court.  In  case 
the  judgment  debtor  is  released  upon  his  personal  recog- 
nizance as  aforesaid  he  may,  if  he  docs  not  comply  with 
said  decree  within  sixty  days  after  his  release  or  fails  to 
show  to  the  court  good  cause  for  his  non-compliance,  again 
be  cited  to  appear  before  the  court  by  the  judgment  credi- 
tor and  proceeded  against  as  for  a  further  contempt  of 
court. 


Acts,  1898.  — Chap.  549.  665 

Section  3.     Auy  judgment  debtor  may  himself  apply  T^ehtor  may 
by  petition  for  the  I)enefit  of  the  })rovi8ionH  of  this  act,  and  t'k)n  fo/beneat 
may  cause  any  creditor  or  creditors  holding  a  judgment  or  thiract."*"""' ''^ 
judgments  against  him  for  the  necessaries  of  life  furnished 
to  himself  or  his  family  to  be  cited  to  appear  and  show 
cause  why  an  examination,  as  hereinbefore  })r()vided,  shall 
not  1)0  made  ;    and  the  court  may,  after  hearing,  proceed 
in  the  case  in  the  same  manner  as  if  application  had  been 
matle  by  a  creditor,  as  provided  in  section  one  of  this  act. 

Section  4.     In  case  any  judgment  creditor  of  a  debtor  w  hen  pioceed- 
institutes  proceedings  as  hereinbefore  provided,  all  other  tuted\mcieft'his 
process  or  suits  to  enforce  or  recover  upon  any  judgment  pfoce'ecnDgs 
upon  which  such  proceedintys  are  based  and  all  actions  or  euepended. 

'  1 .  1  '  ,  '?.  .  1       •      1  except,  etc. 

proceedmgs  by  other  creditors  against  such  judgment 
debtor,  relative  to  wages,  shall  be  suspended,  except  only 
as  i)rovided  in  section  six  of  this  act,  until  the  judgment 
or  judgments  on  which  such  proceedings  are  based  shall 
have  been  fully  satistied  :  provided,  however,  that  nothing  Provieo. 
herein  contained  shall  prevent  the  attachment  of  any  prop- 
erty of  the  debtor  other  than  his  wages,  either  before  or 
after  judgment,  or  the  levying  of  the  execution  thereon. 

Section  5.     The  court  may  at  any  time  after  written  court  may 
notice  to  the  opposite  party,  or  to  his  attorney  of  record,  pend  decree"^ 
revise,  modify  or  suspend,  as  circumstances  ma}^  require, 
any  decree  theretofore  made  in  any  proceedings  under 
this  act. 

Section  6.     Any  creditor  who  has  recovered  a  judg-  creditor  lecov- 
ment  u]:)on  a  claim  for  the  necessaries  of  life  against  a  may^inqufre^'^' 
del)tor  against  whom  proceedings  are  pending  under  this  etc^ofceltoin 
act  shall  be  entitled,  upon  motion  and  after  notice  to  all  <=ia'™^' ^'"=- 
parties  then  in  interest,  to  inquire  into  the  validity  and 
the    amount   of  the  claim   of  any  judgment  creditor  or 
creditors  for  whose  benefit  the  decree  provided  for  in  this 
act  has  been  entered.     Upon  the  hearing  of  such  motion 
the   court  may  order  the  judgment  creditor  or  creditors 
who  are  then  parties  to  the  proceeding  to  render  an  account 
to  the  court  of  all  amounts  theretofore  paid  by  the  debtor 
\\\)0\\  each  and  every  such  judgment,  and  may  also  after  a 
hearing  enter  a  decree  revoking  or  modifying  any  previous 
decree  in  the  proceedings,  as  it  may  deem  equitable  and 
just,  and  may  order  that  any  and  all  payments  thereafter 
made  by  the  judgment  debtor  be  apportioned  between  the 
(litferont  judgment  creditors  who  are  then  parties  to  such 
])r<)ceeding  in  such  manner  as  it  may  deem  equitable  and 
just. 


666  Acts,  1898.  — Chaps.  550,551. 

No  costs  to  be         Section  7.     No  costs  shall  be  allowed  to  either  party 

allowed,  except,  ,  ,,..*' 

etc.  after  proceedings  have  been  begun  under  the  provisions 

of  this  act,  except  only  that  the  sum  of  twenty-Hve  cents 
shall  be  paid  to  the  clerk  issuing  the  notices  hereinbefore 
provided,  and  the  same  fees  shall  be  paid  to  officers  for 
copies,  service,  travel  and  other  expenses,  if  any,  as  are 
now  allowed  by  law  in  the  service  of  writs  ;  and  they  shall 
be  paid  in  the  same  manner. 

^bentotake  SECTION  8.  This  act  shall  take  effect  upon  the  first  day 
of  September  in  the  year  eighteen  hundred  and  ninety- 
eight.  Approved  June  21,  1898. 

Ch(lV.550  -^^  ^^^  ^^  AUTHORIZE  THE  TOWN  OK  DANVERS  TO  APPROPRIATE 
A  SUM  OF  MONEY  TOWARD  PAYING  THE  INDEBTEDNESS  OF  COM- 
PANY K,  EIGHTH   REGIMENT,   MASSACHUSETTS  VOLUNTEER  MILITIA. 

Be  it  enacted,  etc.,  as  follows : 

ve°rmay^p°'         Section  1.     The  towu  of  Danvci's  is  hereby  authorized 
propiiute  to  ap[)ropriate  not  exceeding  one  thousand  dollars  toward 

certain  paying  the  indebtedness  of  Company  K,  eighth  regiment, 

purpose.  Massachusetts  volunteer  militia,  or  for  the  purpose  of  pur- 

chasing the  property  of  said  company  now  stored  in  the 
armory  at  Danvers,  or  for  both  said  purposes. 

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

Approved  June  21,  IS 98. 

Ch(in.551  ^^  "^^'^  "^^  PROVIDE  FOR  THE  PAYMENT  OF  DAMAGES  SUSTAINED 
UNDER  THE  METROPOLITAN  WATER  SUPPLY  ACT  BY  CERTAIN 
PERSONS  IN   THE   TOWN   OF   BOYLSTON. 

Be  it  enacted,  etc.,  as  follows: 
1895, 488,  §  14,         Section  1 .     Scctiou  fourtccn  of  chapter  four  hundred 
and  eighty-eight   of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-five  is  hereby  amended  by  inserting  after 
the  words  "  West  Boylston",  in  the  fifty-third  line,  the 
words: — or  on  land  in  the  town  of  Boylston,  —  so  that 
all  of  said  section  after  the  word  "court",  in  the  fiftieth 
?/dama"e8'to     ^^'^^'  ^^^'^^^  ^ead  as  follows: — In  case  any  individual  or 
certain  biiBiness  firm  owniiisj  OH  the  fii'st  day  of  April  in  the  year  eiirhteen 

establishments.    ,  i        i  i       •  .  "  i  i  •    i       i   i         •  i         i    • 

hundred  and  ninety-five  an  established  l)usiness  on  land  in 
the  town  of  AVest  Boylston,  or  on  land  in  the  town  of 
Boylston,  whether  the  same  shall  be  taken  or  not  under 
this  act,  or  the  heirs  or  ])ersonal  representatives  of  such 
individual  or  firm,  shall  deem  that  such  lousiness  is  de- 
creased in  value  by  the  carrying  out  of  this  act,  whether 
by  loss  of  custom  or  otherwise,  and  unable  to  agree  with 


Acts,  1S98.  — Chap.  552.  (367 

said  board  as  to  the  amount  of  damages  to  be  paid  for 

such  iujury,  such  damages  shall  be  determined  and  paid 

in  the  manner  hereinbefore  provided.     The  words  "  I'eal  j'^^^'^'j^*''''®" 

estate",  as  used  in  this  section,  shall  include  water  rights, 

and  in  the  case  of  mills  all  machinery  thereon. 

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

Apjiroved  June  21,  1S98. 

An  Act  to  authorize  and  require  the  county  commissioners  C!Ji(irf.552 

FOR  THE  COUNTY  OV  ESSEX  TO  "WIDEN  A  HIGHWAY  IN  THE  CITY 
OF  SALEM  AND  TO  REBUILD  A  BRIDGE  BETWEEN  SAID  CITY  AND 
THE   TOWN   OF   MARBLEHEAD. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     The  county  commissioners  for  the  county  Highway,  etc., 
of  Essex  are  hereby  authorized  to  widen  Lafayette  street,  riVerinSa^iem 
a  highway  in  the  city  of  Salem,  over  the  tide  water  know^n  "r/enld. 
as  Forest  river,  between  said  city  and  the  town  of  Mar- 
i)lehead,  subject  to  the  approval  of  the  board  of  harbor 
and  land  commissioners ;  and  to  rebuild  without  a  draw 
the    britlge  over  said  tide  water  and  approaches  thereto 
in  Salem  and  Marblehead,  within  the  limits  of  said  high- 
way after  the  same  has  been  widened  as  aforesaid.     The  payment  of  cost 
cost  of  widening  said  highway  and  rebuilding  said  bridge  "^ ^'•'^emng. 
not  to  exceed  twenty-tive  thousand  dollars,  fifty  per  cent, 
of  which  shall  be  paid  by  the  county  of  Essex  and  the 
balance  by  the  cities  and  towns  determined  by  the  county 
commissioners  of  said  county  to  be  specially  benetited  by 
said  bridge  ;  and  the  said  commissioners  may  borrow  on 
the  credit  of  the  county  such  sums  of  money  as  may  be 
necessary  to  comply  with  the  provisions  of  this  act. 

Section  2.  The  said  county  commissioners  are  hereby  certain  prop- 
authorized  to  take  for  the  purpose  of  widening  said  high-  take™"^ 
way  and  relmilding  said  bridge  the  property  of  any  per- 
son or  corporation,  and  shall  tile  in  the  registry  of  deeds 
for  the  southern  district  of  the  county  of  Essex  a  descrip- 
tion of  any  property  taken  by  them,  as  certain  as  is  re- 
quired in  a  conveyance  of  land,  with  an  appraisal  of  the 
damages,  if  any,  by  thom  awarded  to  the  owner  or  owners 
of  said  nroiiertv.     Anv  ])crson  airgrieved  bv  the  award  J"ry  may  be 

1         '  •'  »       1  "   ^      .    ,   .  '  ,.  liud  to  appraise 

of  said  county  commissioners  may,  within  one  year  irom  damages. 
the  tiling  of  the  description  aforesaid,  apply  for  a  jury  in 
the  sii))('rior  court  to  ai)praise  said  damages,  in  the  same 
manner  and  subject  to  the  same  provisions  as  ill  case  of 
land  taken  for  a  hitrhwav. 


668  Acts,  1898.  — Chaps.  553,  554. 

paction  of'"''"'        Section    3.     Upon    the  completion   of  said    widening 
widening  to  be    and  bridg^G  said  county  commissioners  shall  cause  notice 

Berved  on  Salem     ,  r-i  i  i  /•!•  r>ii 

and  Marble        tueueot  to  be  sci'ved  iipoii  the  mayor  ot  the  city  ot  Salem 
'    '^'  and  the  selectmen  of  the  town  of  I\larl)lehead,  and  said 

notice,  with  the  return  of  the  service  thereon,  shall  be 
filed  in  the  office  of  the  clerk  of  the  superior  court  for  the 
county  of  Essex,  and  thereafter  the  care  and  maintenance 
of  such  parts  of  said  bridge,  abutments  and  approaches 
as  lie  within  the  limits  of  the  city  of  Salem  ancl  town  of 
Marblehead,  respectively,  shall  devolve  upon  the  officers 
of  said  city  and  town  respectively  charged  with  the  duty 
of  the  care  of  highway's  and  bridges  therein  ;  and  liability 
for  defects  in  said  highway,  bridge,  abutments  and  ap- 
proaches shall  exist  on  the  jiart  of  said  city  or  town  for  the 
portions  of  the  same  lying  therein,  respectively,  in  like 
manner  as  for  defects  in  town  ways. 

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

Approved  June  21,  1898. 

Chap,5t)3  ^^  ^CT  TO  RATIFY  AND  CONFIRM  CERTAIN  ACTS  OF  THE  ASSOCIATION 
FOR  THE  FORMATION  OF  THE  FRAMINGHAM,  SOUTIIBOROUGH  ANl) 
MARLBOROUGH   STREET   RAILWAY   COMPANY. 

Be  it  enacted,  etc. ,  as  folloics : 

^o^nTrmed!*  Sectiox  1.     All  acts  of  the  association  for  the  forma- 

tion of  the  Framingham,  Southborough  and  ]Marll)orough 
Street  Railway  Company,  done  and  j)erformed  prior  to 
the  passage  of  this  act,  and  particularly  the  drafting  of 
the  articles  of  association  and  the  publication  thereof,  are 
hereby  ratified  and  confirmed,  and  are  hereby  deemed  to 
have  been  legally  performed,  notwithstanding  any  failure 
on  the  part  of  said  association  to  comply  with  the  pro- 
visions of  chapter  one  hundred  and  thirteen  of  the  Public 
Statutes  and  acts  in  amendment  thereof  and  in  addition 
thereto  applicable  to  said  acts  of  said  association. 

Section  2.     This  act  shall  take  efiect  ui)on  its  passage. 

Approved  June  21,  1898. 

Chai).554:  -^^  ^^^^^   relative  TO   NOMINATIONS  FOR   ALUERMEX   IN  THE  CITY  OF 

BOSTON. 

Be  it  enacted,  etc.,  as  folloirs  : 

Nominations  Section  1.     Evcrv   political   party   hereafter   making 

the  city  of         nominations  for  aldermen  in  the  city  of  Boston  shall  nom- 
inate twelve  candidates;  and  in  case  any  political  party 


Acts,  1898.  — Chaps.  r)ry5,  556.  669 

shall  hereafter  nominate  less  than  twelve  candidates  for 
aldermen  in  the  city  of  Boston  the  names  of  such  candi- 
dates shall  not  be  printed  on  the  official  ballot. 

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

Aj)proved  June  21,  1898. 


Chap.555 


Ax  Act  to  provide  that  the  expenses  of  trial  justices  for 

OFFICE   RENT   SHALL   BE   PAID    IJY   THE   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

The  reasonable  and  necessary  expenses,  not  exceeding  office  rent  of 
ten  dollars  a  month,  actually  incurred  by  a  trial  justice  for  ["bVpaWby 
the  rent  of  an  office  used  by  said  justice  for  court  purposes  ^^e  county. 
exclusively,  shall  be  paid  by  the  county  in  which  the  office 
is  located,  in  the  same  manner  as  the  expenses  of  district 
courts  for  rent  are  now  paid.       Approved  June  21,  1898. 

An  Act  in  addition  to  an  act  making  appropriations  for  ex-  /-r?        ^^« 

PENSES   AITHORIZED   DURING   THE   PRESENT   YEAR,   AND   FOR   CER-  ^' 

TAIN   OTHER   EXPENSES   AUTHORIZED   BY   LAW. 

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 
speciried  in  certain  acts  and  resolves  of  the  present  year, 
and  for  certain  other  expenses  authorized  by  law,  to 
wit  :  — 

For  expenses  in  connection  with  the  state  board  of  in-  state  board  of 
sanity,  provided  for  by  chapter  four  hundred  and  thirty-  '°**'"'^^- 
three  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
live  thousand  dollars.  So  much  of  chapter  one  hundred 
and  nineteen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-eight  as  provides  for  salaries  and  expenses  in 
the  department  of  the  inspector  of  institutions  is  hereby 
repealed,  to  take  effect  from  and  after  the  first  day  of 
()ctol)er  of  the  present  year. 

Yov  the  construction  of  a  channel  from  Osterville  Bay  channel  from 
to  ^^neyard  Sound,  as  ])rovided  for  b}'  chapter  four  hun-  [^"^vineyard"^ 
dred  and  forty  of  the  acts  of  the  present  year,  a  sum  not  souod. 
exceeding  seventy-five  hundred  dollars. 

For  the  .salary  of  the  first  clerk  of  the  secretary  of  the  First cierk, 
state  board  of  agriculture,  as  authorized  by  chapter  four  boa?do7agr1-*^ 
hundred  and  fifty-nine  of  the  acts  of  the  present  year,  a  <=""">■*-■• 
sum  not  exceeding  two  hundred  dollars,  the  same  to  be  in 


670 


Acts,  1898.  — Chap.  556. 


Improvement  of 
Green  Ilarbor. 


Postage,  etc., 
on  documents. 


Third  deputy 
controller  of 
county 
accounts. 


Printing  and 
binding  decen- 
nial census. 


Salaries  of  gas 
and  electric 
light  commis- 
sioners. 


Sadie  B. 
Belyea. 


Boundary  line 
between  this 
Cointnonwealth 
and  the  states  of 
New  Hamp- 
shire and 
Vermont. 


Publication  of 
opinions  of  the 
attorney- 
general. 


Lowell  textile 
school. 


addition  to  the  sixteen  hundred  dollars  appropriated  by 
chapter  twenty-two  of  the  acts  of  the  present  year. 

For  the  improvement  of  Green  Harbor  in  the  town  of 
iNlarslitield,  as  provided  for  l)y  chapter  four  hundred  and 
sixty-nine  of  the  acts  of  the  present  year,  a  sum  not  ex- 
ceeding thirty  thousand  dollars. 

For  postage  and  expressage  on  documents  to  members 
of  the  general  court,  also  for  transportation  of  documents 
to  free  public  libraries,  a  sum  not  exceeding  four  hundred 
dollars,  the  same  to  be  in  addition  to  the  twenty-five  hun- 
dred dollars  appropriated  by  chapter  seventy-one  of  the 
acts  of  the  present  year. 

For  the  salary  and  expenses  of  a  third  deputy  in  the 
office  of  the  controller  of  county  accounts,  as  authorized 
by  chapter  four  hundred  and  seventy-seven  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  seven  hundred 
dollars. 

For  printing  and  binding  the  decennial  census  of  the 
year  eighteen  hundred  and  ninety-five,  as  provided  for 
by  chapter  fifty-two  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-five,  a  sum  not  exceeding  twenty-five 
thousand  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  same  purpose. 

For  the  salaries  of  the  2:as  and  electric  lisrht  coramis- 
sioners,  as  authorized  by  chapter  four  hundred  and  ninety- 
nine  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
seventeen  hundred  and  fifty  dollars,  the  same  to  be  in  ad- 
dition to  the  eight  thousand  dollars  appropriated  by  chap- 
ter six  of  the  acts  of  the  present  year. 

For  Sadie  B.  Belyea,  as  authorized  by  chapter  ninety- 
two  of  the  resolves  of  the  present  year,  the  sum  of  one 
hundred  twenty-one  dollars  and  twenty  cents. 

For  expenses  in  connection  with  the  establishment  of 
the  l)oundary  line  between  this  Commonwealth  and  the 
states  of  New  Hampshire  and  Veimont,  as  authorized  by 
chapter  ninety-four  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  three  thousand  dollars. 

For  the  publication  of  the  o])inioiis  of  the  attorne}'- 
general,  as  authorized  by  chapter  ninety-five  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  two 
thousand  dollars. 

For  the  Lowell  textile  school,  as  authorized  by  chapter 
ninety-six  of  the  resolves  of  the  present  year,  the  sum  of 
fifteen  thousand  dollars. 


Acts,  1898.  — Chap.  55(3.  671 

For  certain  improvements  at  tiie  state  normal  school  at  ^°Lo^eiT.''°°' 
Lowell,  as  authorized  by  chapter  ninety-seven  of  the  re- 
solves of  the  i)resent  year,  a  sum  not  exceeding  two  thou- 
sand dollars. 

For  the  purchase  of  land  for  the  state  normal  school  at  Normal  school 

-.  Y         ,        .     ,  1         •        1     1  1  •  •     1  (•'*'•  North 

^orth  Adams,  as  authorized  by  chapter  ninety-eight  oi  Adams. 
the  resolves  of  the  present  year,  a  sum  not  exceeding  fif- 
teen thousand  dollars. 

For  certain  improvements  at  the  Worcester  lunatic  hos-  Worcester 
pital,  as  authorized  by  chapter  ninety-nine  of  the  resolves  ho°pUai. 
of  the  present  year,  a  sum  not  exceeding  thirty-nine  thou- 
sand dolhirs. 

For  the  purchase  of  land  at  the  Westborough  insane  Westborough 
hosj)ital,  as  authorized  by  chapter  one  hundred  of  the  '"^''°*^  °*p' 
resolves  of  the  present  year,  a  sum  not  exceeding  forty- 
four  hundred  forty-two  dollars  and  thirty-two  cents.  So 
much  of  chapter  four  hundred  and  nine  of  the  acts  of  the 
j^resent  year  as  })rovides  for  the  purchase  of  land  at  the 
Westborough  insane  hospital  under  authority  of  chapter 
sixty-three  of  the  resolves  of  the  present  year,  is  hereby 
repealed. 

For  expenses  in  connection  with  the  representation  of  ^pp"*;^pog\^' 
the  Commonwealth  at  the  Trans-Mississippi  exposition,  to  tion. 
be  held  in  the  city  of  Omaha  during  the  present  year,  as 
authorized  by  chapter  one  hundred  and  two  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  six  thousand 
dollars. 

For  the  payment  of  a  iudirment  entered  in  the  superior  American 

•       i.^Li        /-(  1x1     •       I-  c  J.J         A  •  Ballot  Box 

court  against  the  Commonwealth  in  lavor  ot  the  American  Association. 
Ballot  Box  Association,  under  the   provisions  of  section 
four  of  chapter  one  hundred  and  ninety-five  of  the  Public 
Statutes,  the  sum  of  one  thousand  dollars. 

For  certain  improvements  at  the  Medfield  insane  asylum,  MedHeid  insane 
as  authorized  by  chapter  one  hundred  and  three  of  the  ^^^  ' '"' 
resolves  of  the  present  year,  a  sum  not  exceeding  fifteen 
thousand  dollars. 

For  expenses  relative  to  reopening  the  Connecticut  river  Navigation  of 
to  navigation,  as  authorized  by  chapter  one  hundred  and  cuuive"'^'' '" 
four  of  the  resolves  of  the  present  year,  the  sum  of  two 
thousand  dollars. 

For  the  New  England  I  iulu>trial  School  for  Deaf  Mutes,  New  England 
as  authorized  by  chapter  one  hundred  and  five  of  the  re-  8ciioo'i"or 
solves  of  the  j)resent  year,  a  sum  not  exceeding  five  thou-  ^eaf  Mutes. 
sand  dollars. 


672  Acts,  1898.  — Chap.  557. 


Deputy  tax  YoY  the  salapv  and  expenses  of  the  deputy  tax  commis- 

sioner,  as  authorized  by  chapter  rive  hundred  and  seven  oi 
the  acts  of  the  present  year,  a  sum  not  exceeding  three 
hundred  and  fifty  dollars. 

hoarse"'™*  For  Certain  improvements  at  the  state  almshouse,  as  au- 

thorized by  chapter  one  hundred  and  seven  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  thirty-five  thou- 
sand nine  hundred  and  thirty  dollars. 

TranBportation       Yov  reimbursement  of  towns  for  the  transportation  of 

of  pupils  to  and  .  ,  ^  i         •         i 

from  public       Certain  })upils  to  and  from  the  public  schools,  as  authorized 

by  chapter  one  hundred  and  eight  of  the  resolves  of  the 

present  year,  a  sum  not  exceeding  three  thousand  dollars. 

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

Approved  June  21,  1S98. 

Chcip.557  ^^  '^^'^  '^^  AUTHORIZE  THE  METROPOLITAX  WATER  BOARD  TO 
TAKE  LANDS  IN  THE  TOWNS  OF  CLINTON  AND  LANCASTER  AND 
TO  ERECT  AND  MAINTAIN  THEREON  A  PLANT  FOR  THE  DISPOSAL 
OF   SEWAGE   OF   THE   TOWN   OF   CLINTON. 

Be  it  enacted,  etc.,  as  follows : 

Metropolitan  Section  1.     The  mctropoHtan  water  board,  in  consul- 

water  board  .  •   i       i  '  /~\  •  •         • 

may  take  cer-  tatiou  With  thc  towii  01  Clinton,  shall  construct,  maintain 
and  operate  suitable  and  sufficient  works  for  intercepting 
the  sewage  of  said  town  at  or  near  the  two  existing  out- 
lets into  the  south  branch  of  the  Nashua  river,  one  of  them 
located  near  Allen  street  and  the  other  about  eighteen 
hundred  feet  al)ovc  the  bridge  of  the  New  York,  New 
Haven  and  Hartford  railroad  crossing  said  river,  and  for 
conveying,  storing,  pumping  and  dis})osing  of  thesaid  sew- 
age. Said  board  may  from  time  to  time  enlarge,  modify 
and  improve  any  works  so  constructed,  and  may,  as  occa- 
sion requires,  take  by  purchase  or  otherwise,  in  fee  or 
otherwise,  as  said  board  may  determine,  any  lands,  water 
rights,  rights  of  way  and  casements  in  the  towns  of  Lan- 
caster and  Clinton,  or  either  of  them,  that  the  board  may 
deem  necessary  or  desirable  for  discharging  the  powers 

Proviso.  and  duties  imposed  by  this  act :  provided,   however,  that 

any  such  land,  water  rights,  rights  of  way  and  easements 
taken  in  the  town  of  Lancaster  shall  be  located  between 
the  town  of  Clinton  on  the  south,  the  south  branch  of  the 
Nashua  river  on  the  west,  the  roads  leading  from  South 
Lancaster  to  Lancaster  Commons  and  from  Lancaster 
Commons  to  Bolton  on  the  north,  and  the  road  leading 


Acts,  1898.  — Chap.  557.  673 

from  said  last  namoci  road  to  Bolton  Station  on  the  cast, 
and  said  hoards  shall  take  all  lands  Avhich,  on  the  first  day 
of  Juno  in  the  year  eighteen  hundred  and  ninety-eight 
abutted  upon  and  Avere  within  three  hundred  feet  westerly 
from  the  westerly  side  of  High  street,  so-called,  between 
Mill  street  and  a  small  l)rook  crossing  said  High  street 
ai)out  thirty-two  hundred  and  tifty  feet  northerly  from 
said  ]\Iill  street,  which  the  owner  of  such  abutting  land 
shall  ill  writing  notify  said  board  before  the  tirst  day  of 
January  in  the  year  eighteen  hundred  and  ninety-nine, 
that  he  desires  to  have  taken  ;  and  provided,  further^  that  i'to"*"- 
no  sewage  shall  be  treated  or  purified  upon  any  laud  in 
Lancaster  Avest  of  or  within  two  hundred  feet  east  of  said 
High  street,  unless  the  selectmen  of  the  town  of  Lancaster 
shall  in  writing  consent  thereto  ;  and  the  Commonwealth, 
until  said  works  herein  provided  for  shall  have  been,  as  in 
this  act  })rovi(led,  transferred  to  the  town  of  Clinton,  and 
thereafter,  said  town  of  Clinton,  shall  pay  annually  to 
the  town  of  Lancaster  for  all  lands  held  in  8aid  town  of 
Lancaster,  a  sum  of  money  to  be  fixed  and  determined 
according  to  the  provisions  of  chapter  three  hundred  and 
fifty-two  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three. 

Section  2.  The  metropolitan  Avater  board,  in  order  to  isgs,  488,  to 
take  any  property  hereunder  by  right  of  eminent  domain,  *''^''^' 
shall  proceed  in  all  respects  as  provided  in  chapter  four 
hundred  and  eighty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-fiA'e,  and  the  provisions  of  said  act 
shall  apply  to  the  determination,  assessment  and  collec- 
tion of  damages  on  account  of  such  taking,  and  the  own- 
ers of  lands  or  other  ])roperty  taken  by  virtue  hereof 
shall  have  all  the  rights  and  remedies  and  be  subject  to 
all  the  duties  prescribed  in  said  act. 

Section'  3.     The  metropolitan  Avater  board  shall  main-  works  to  be 

^     .  ,  ,  ^  ,  1  i      1      \  -^  ^  maintained  and 

tarn    and   operate   the  Avorks   constructed    by  it,    unless  operated  by  the 

otherwise  agreed  by  said  board  and  the  town  of  Clinton,  wate?board'! 

until  the  sewage  of  said  town  shall  have  outgroAvn   the 

normal  capacity  of  the  south  branch  of  the  Nashua  river 

to   properly  dispose  thereof;  and  then   said  board  shall 

transfer  to  said  town  all  the  works,  lands,  water  rights, 

rights  of  way,  easements  and  other  property  constructed 

and  acquired  under  the  provisions  hereof,  upon  such  terms 

as  may  be  agreed  upon   by   said   board   and  said    town, 

and  thereafter  said  Avorks,  lands,  Avater  ritrhts,  rights  of 


67 J:  Acts,  1898.  — Chap.  557. 

way,  easements  and  other  property  shall  be  owned,  main- 
tained and  operated  by  the  town  of  Clinton  under  the  su- 
pervision and  control  of  the  state  board  of  health,  and 
said  town  shall  pay  to  the  Commonwealth  for  the  property 
so  transferred  such  sum  or  sums,  if  any,  as  may  be  agreed 
by  said  town  and  said  board  to  be  just  and  proper.  All 
sums  paid  as  aforesaid  shall  be  applied  to  the  payment 
of  the  expenses  of  construction  of  the  metropolitan  water 
works  and  the  payment  of  damages  incurred  in  connection 
therewith,  and  any  part  of  such  sums  not  required  for 
these  purposes  shall  be  applied  to  the  payment  of  the  in- 
terest, sinking  fund  requirements,  and  expenses  of  main- 
tenance and  0})eration  of  said  water  works.  The  supreme 
judicial  court  and  the  superior  court,  sitting  in  ecjuity, 
shall  in  case  of  any  refusal  on  the  part  of  the  town  of 
("linton  to  obey  any  order  or  decree  made  b}'  said  board 
of  health  in  the  exercise  of  the  supervisory  powers  hereby 
conferred,  enforce  obedience  to  such  order  or  decree  by 
any  appropriate  process. 
^nuo4"^y'"  Section  4.  If  the  metropolitan  water  board  and  the 
may  be  referred  towu  of  CHntou  shall  bc  uuable  to  aa;ree  upon  the  ])roper 

to  the  supreme       .  i-ii  •! 

judicial  court,  tmic  whcu  or  the  terms  under  which  the  transfer  ot  the 
works  herein  provided  to  be  constructed  should  be  made, 
as  aforesaid,  or  what  proper  and  just  sum  should  be  paid 
therefor,  as  aforesaid,  either  party  may  apply  to  the 
supreme  judicial  court  for  a  determination  of  any  matter 
in  controversy,  in  the  manner  provided  in  sections  four- 
teen and  tifteen  of  chapter  four  hundred  and  eighty-eight 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-Hve  : 

Proviso.  j)rovided,  hoivever,   that  said  town  shall  not,    until  two 

years  after  the  transfer  of  the  works,  as  aforesaid,  lose, 
by  operation  of  the  statute  of  limitations,  any  right  of 
recovery  under  the  provisions  of  said  act  for  damages 
sustained  by  any  interference  with  its  sewerage  system  or 
with  its  drainage  rights  or  privileges ;  and  if  it  so  elect 
shall  have  the  right  to  set  off  such  damages  against  any 
claim  for  damages  made  for  the  transfer  of  said  works,  as 
aforesaid. 

Sewers, drains,       SECTION  5.     The   metropolitan   water  board   mav,  for 

etc.,  may  be  /•      i   •  .         "     . 

laid  under  and    the  purposcs  of  this  act.  Carry  the  sewers,  drams,  pipes 

Btreet.'etc.         and  coiiduits  laid  or  constructed,  as  aforesaid,  under  and 

along  any  street,  railroad  or  highway  in  such  manner  as 

not  unnecessarily  to  obstruct  the  same,  and  may  do  any 

other  act  or  thing  proper  for  said  puri)oses. 


Acts,  1898.  — Chap.  558.  675 

Section  G.     The  works   constructed  hereunder  shall,  works  to  be 

,  .  1       /.     1  deemed  a  part 

while  they  remain  under  the  control  or  the  metropolitan  of  the  metro- 
water  board,  be  deemed  a  part  of  the  metropolitan  water  w'orks!^^* 
works,  and  all  of  the  provisions  of  chapter  four  hundred 
and  eighty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  nincty-tive  relating  to  the  incurring  of  expense  for 
construction,  maintenance  and  operation,  to  the  payment 
of  the  costs  thereof,  to  the  sale  and  leasing  of  property, 
and  to  the  disposal  of  the  proceeds  from  the  sales  of 
property  and  from  other  operations  of  said  board,  and  all 
other  provisions  of  said  act  so  far  as  they  are  applicable 
and  not  inconsistent  herewith  shall  apply  to  the  works 
constructed  hereunder. 

Sectiox  7.     The  metropolitan  water  board  shall  save  Towns  of 
harmless  the  towns  of  Lancaster   and  Clinton  Irom  all  LuDcaste^to be 
damages  for  injuries  resulting  from  any  defect  or  want  of  dal^|e/r'" 
repair  in  any  road,  street  or  highway,  caused  by  digging 
u])  the  same  or  hv  constructing,  laving,  maintainins;  or 
repairing  any  works  to  be  constructed  hereunder. 

Section  8.     No  sewers  or  other  works  shall  be  con-  pianatobe 
structed  and  maintained  under  the  authority  of  this  act  thestlt'ifb^oard 
until  the  })lans  have  been  approved  by  the  state  board  of  o^i^eaith. 
health. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1898. 


Chap.558 


Ax  Act  relative  to  the  chairmanship  op  the  board  of  alder- 
men OF  the  city  of  boston. 
Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     After  the  organization  of  the  city  govern-  chairmanship 
ment  of  the  city  of  Boston  in  each  year,  as  provided  by  afdermeli^if 
law,  and  when  a  quorum  of  the  board  of  aldermen  of  said  ^ogtouV^ 
city  shall  be  present,  the  mem])er  thereof  who  has  pre- 
viously served  the  greatest  number  of  terms  in  said  board 
shall   preside,  and  the  board   shall  proceed  to  choose  a 
])crmanont  chairman,  who  shall  preside  at  all  meetings  of 
the  board  and  at  conventions  of  the  two  branches  of  said 
city  government.     The  member  who  shall  thus  preside  at 
said  meeting  shall  continue  to  preside  at  all  meetings  of 
said   board  and  conventions  of  the  two  branches  of  the 
city  government,   with  the   same   powers  and  duties  as 
though  he  were  chosen  permanent  chairman,  until  a  per- 
manent chairman  is  chosen  by  said  board.     In  case  there  in  certain  cases 
is  no  member  of  said  board  who  has  previously  served  a  pre^Bi^de'uuti'i"'^ 


676 


Acts,  1898.  —  Chap.  559. 


chairman  is 
clioBeu. 


greater  number  of  terms  in  said  board  than  any  other 
member  thereof  the  city  clerk  of  said  city  shall  preside 
at  all  meetings  of  said  board  and  said  conventions  until 
a  permanent  chairman  is  chosen.  Until  the  election  of  a 
permanent  chairman,  said  member  or  said  city  clerk  pre- 
siding, the  board  of  aldermen  shall  be  deemed  to  be 
organized  for  the  transaction  of  all  business  that  may 
properly  come  l)efore  it. 

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

Approved  June  22,  1898. 


ChapM9 


1S88,  419,  §  1-2, 
amended. 


Procedure  in 
poor  debtor 
proceedings. 


An  Act  relative  to  poor  debtor  proceedings. 
Be  it  enacted,  etc.,  asfoUoivs: 

Section  twelve  of  chapter  four  hundred  and  nineteen  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight  is 
hereby  amended  by  inserting  after  the  word  ''examina- 
tion", in  the  twenty-second  line,  the  words:  —  or  for  the 
purpose  of  entering  into  a  recognizance  as  provided  for 
by  sections  thirty-six  and  tifty-one  of  chapter  one  hundred 
and  sixty-two  of  the  Public  Statutes  and  acts  in  amend- 
ment thereof  and  in  addition  thereto, — so  as  to  read  as 
follows  :  —  Section  12.  Any  justice  of  any  court  of  rec- 
ord, or  police,  district,  or  municipal  court,  and  any  special 
justice  W'hen  exercising  the  powers  and  duties  of  a  justice 
of  any  such  court,  may  act  as  such  court  under  cha})ter 
one  hundred  and  sixty-two  of  the  Public  Statutes  and  any 
act  amendatory  thereof  or  supplementary  thereto.  Under 
the  said  chapter  and  acts  any  such  court  shall  have  the 
powers  and  duties  therein  given  to  a  justice  thereof. 
Upon  legal  application  made  to  any  police,  district  or 
municipal  court  such  court  shall  exercise  and  jierform 
its  said  powers  and  duties  under  the  said  chapter  and 
acts,  accordingly,  without  unreasonal)le  delay.  The  term 
"magistrate",  and  the  term  "magistrates",  whenever 
either  occurs  in  any  section  of  the  said  chapter  or  acts, 
shall  be  construed  to  mean,  respectively  —  magistrate  or 
court,  —  and,  —  magistrates  or  courts.  There  shall  be  no 
appeal  Irom  any  judgment  or  order  of  any  court  or  magis- 
trate rendered  or  made  under  the  said  chapter  or  acts,  ex- 
cept as  provided  in  and  by  the  said  chapter.  Any  court  or 
magistrate  acting  under  the  said  cha})ter  or  acts  may  issue 
a  writ  of  habeas  corjms  when  necessary  to  bring  before 
such  court  or  magistrate  for  examination,  or  for  the  pur- 


Acts,  1808.  — Chap.  560.  677 

pose  of  entering  into  a  recognizance  as  provided  for  by 
sections  thirty-six  and  tifty-one  of  chapter  one  hundred 
and  sixty-two  of  the  Public  Statutes  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  a  defendant  or 
debtor  imprisoned  on  mesne  process  or  execution,  and 
the  proceedings  provided  for  in  chapter  one  hundred  and 
eighty-tive  of  the  Public  Statutes  shall  be  followed  so  far 
as  the  same  are  ai)plicable  thereto. 

Approved  June  22,  1S9S. 


Chap.mO 


Ax  Act  to  ixcorpokate  the  odd  felloavs'  home  of  Massa- 
chusetts. 

Be  it  enacted,  etc.,  asfoUoics: 

Section  1.     William  E.  Ford,  John  J.  Whipple,  Henry  oddFeiiows- 
E.  Ruggles,  Frederic  A.  Barbour,  J.  Lawrence  Martin,  sachusetts  ''*' 
Nathan  Taylor  and  Charles  N.  Alexander,  their  associates  i°'=<"-i)orated. 
and  successors,  are  hereby  constituted  a  body  corporate 
under  the  name  of  the  Odd  Fellows'  Home  of  Massachu- 
setts ;  with  all  the  privileges  and  powers  and  subject  to 
all  the  duties,  liabilities  and  restrictions  set  forth  in  the 
general  laws  which  now  are  or  may  hereafter  be  in  force 
relating  to  similar  corporations. 

Section  2.  The  object  and  purpose  of  this  corporation  objects  and 
shall  be  to  collect,  receive  and  hold  moneys  and  any  kind  i'""^!'"^^** 
of  j)ersonal  property  given  by  voluntary  contributions, 
bequests  or  otherwise,  and  real  estate  purchased,  granted, 
given  or  devised,  and  the  same  shall  be  held,  used,  im- 
proved and  expended  in  the  care  and  maintenance  of 
indigent  and  unfortunate  members  of  the  fraternity  of 
Independent  Order  of  Odd  Fellows  within  the  Common- 
wealth of  ]\[assachusetts,  or  in  the  care  or  support  of  the 
wife  or  widow  of  such  odd  fellows,  or  in  the  care,  8up])ort 
or  education  of  any  minor  child  or  children  of  a  dependent 
or  deceased  odd  fellow. 

Section  3.  The  corporation  hereby  established  shall  [he^coJpo^ratio°n, 
consist  of  the  grand  master,  deputy  grand  master  and  «tc. 
grand  warden  of  the  grand  lodge  of  Massachusetts,  Inde- 
pendent Order  of  Odd  Fellows,  during  their  several  terms 
of  office,  ex  officiis,  and  the  grand  patriarch  of  the  grand 
encampment  of  Massachusetts,  Independent  Order  of  Odd 
Fellows,  during  his  term  of  office,  ex  officio,  and  seven  or 
more  other  odd  fellows  in  good  and  regular  standing, 
resident  within  the  Commonwealth  of  Massachusetts,  who 


678 


Acts,  1898.  — Chap.  560. 


Proviso. 


Vacancies  in 
office  of  trustee. 


May  hold  real 
and  personal 
estate. 


Present  board 
of  trustees 
to  continue  in 
office. 


shall  be  known  as  the  Trustees  of  the  Odd  Fellows'  Home 
of  Massachusetts,  to  l)e  elected  by  said  irrJind  lodge  and 
grand  encampment  in  such  ai)portionment  and  for  such 
terms  as  said  grand  lodge  shall  determine,  all  of  whom 
shall  be  liable  to  removal  for  cause  by  the  grand  body 
electing  them.  The  grand  secretary  and  grand  treasurer 
of  said  orand  lodge  shall  during  their  several  terms  of 
office  be  the  secretary  and  treasurer  respectively  of  this 
corporation.  All  other  officers,  agents,  servants  and  em- 
ployees shall  be  selected  by  the  cor})oration.  The  cor- 
poration shall  have  power  and  authority  to  make,  adopt 
and  enforce  any  and  all  wholesome  rules  and  regulations 
for  the  orovernment  and  manasrement  of  said  home  and  for 
the  efficient  administration  of  the  power  conferred  by 
this  act :  provided,  hoioever,  that  said  rules  and  regulations 
may  be  altered  or  annulled  by  said  grand  lodge  at  a 
regular  session  thereof.  The  corporation  shall  submit  to 
said  grand  lodge  and  grand  encampment  at  each  regular 
session  a  report  of  its  doings  and  acts,  of  all  receipts  and 
expenditures,  and  of  the  condition  of  the  home  and  of  its 
funds. 

Section  4.  Any  vacancy  among  said  trustees  may 
be  filled  temporarily  l)y  the  other  members  of  this  cor- 
poration until  the  next  session  of  the  grand  lodge  or  grand 
encampment,  when  the  vacancy  shall  be  filled  by  an  elec- 
tion in  that  body  entitled  to  representation. 

Section  5.  The  corporation  hereby  established  is 
hereby  authorized  to  hold  real  and  personal  estate  for 
the  aforesaid  charitable  uses  and  purposes,  free  from 
taxation,  to  an  amount  not  exceeding  five  hundred  thou- 
sand dollars,  to  be  devoted  exclusively  to  the  purposes 
and  olijccts  hereinbefore  set  forth.  Said  trustees  shall 
invest  the  funds  of  this  corporation  in  such  securities  only 
as  are  authorized  by  law  for  the  investment  of  the  funds 
of  savings  banks  in  this  Commonwealth.  No  officer  of 
said  corporation  shall  hire  or  borrow  any  portion  of  the 
funds  belonging  to  said  corporation  nor  l)e  security  for 
loans  thereof  to  another. 

Section  6.  The  present  board  of  trustees  of  the  Odd 
Fellows'  Home  of  Massachusetts,  now  existing  as  a  vol- 
untary association,  shall  hold  the  office  of  trustees  of  this 
corporation  during  the  term  for  which  they  were  severall}'' 
elected  by  the  said  grand  bodies. 

Section  7.     This  act  shall  take  efiect  upon  its  passage. 

Approved  June  22,  1898. 


Acts,  1898.  —  Chap.  561.  679 


A\  Act  to  provide  for  state  pay  for  s  )LniEKs  and  sailors  /^/.^^^  p:a-i 

IN'   THE    VOLLNTEER   SERVICE    OF    THE    UNITED    STATES,   AND    FOR  -^  ' 

RENDERING   AID   TO  THEIR    FAUHLIES. 

Be  it  enacted^  etc.,  asfoUoivs: 

Section  1 .  There  shall  be  allowed  and  paid  out  of  the  state  pay  for 
treasury  of  the  Commonwealth  to  each  non-commissioned  salfo'rsTe^tc!' 
officer,  soldier,  sailor  or  marine  who  has  been  or  is  here- 
attor  mustered  into  the  military  or  naval  service  of  the 
United  States  during  the  present  war  as  a  part  of  the 
quota  of  or  to  the  credit  of  this  Commonwealth,  and  to 
members  of  the  Massachusetts  naval  militia  mustered  into 
the  service  of  the  United  States,  also  to  residents  of  Mas- 
sachusetts mustered  into  the  regular  army  or  navy  or  into 
the  vohmteer  ])rigade  of  engineers  of  the  United  States 
during  the  present  war,  the  sum  of  seven  dollars  per 
month,  so  long  as  he  shall  remain  an  enlisted  man  in  said 
sennce.  Said  monthly  compensation  shall  be  payable  at 
the  office  of  the  treasurer  and  receiver  general  of  the  Com- 
monwealth, and  shall  date  from  the  muster-in  to  the  United 
States  service  of  said  non-commissioned  officer,  soldier, 
sailor  or  marine.  In  case  of  the  death  of  any  enlisted 
man  the  widow  or  minor  children,  parents  or  dependents 
of  said  enlisted  man,  shall  receive  the  said  monthly  com- 
pensation for  a  period  of  six  months  after  the  death  of 
said  enlisted  man  :  provided,  that  said  monthly  compensa-  Proviso. 
tion  shall  not  be  continued  to  any  enlisted  man  in  the 
regular  service  of  the  United  States  after  the  termination 
of  the  war. 

Section  2.    Any  such  enlisted  man  may  allot  all  or  any  state  paj' may 
part  of  his  said  pay  to  the  treasurer  of  the  Commonwealth  the'\is°e  of 
for  the  use  of  such  person  as  he  shall  designate,  and  the  "fier  persons. 
said  treasurer  shall  monthly  certify  to  the  auditor  of  ac- 
counts the   name  and  residence  of  the   person  to  whom 
such  amount  is  allotted  and  the  amount  of  such  allotment, 
and  the  .same  shall  be  allowed  in  the  same  manner  as  other 
claims  against  the  Commonwealth  ;  and  amounts  that  are 
not  so  allotted  shall  remain  in  the  treasury  of  the  Com- 
monwealth, subject  to  the  order  of  the  non-commissioned 
officer,  soldier,  sailor  or  marine  to  whom  the  said  sum  is 
due. 

Section  ;^.     Any  city  or  town    may  raise  money  by  ernes  and 
taxation    or   otherwise,    and,    if    necessar>',    expend    the  raUeamTL- 
same,  by  the  ofHcers  authorized  by  law  to  furnish  .state  i'e»d  money. 
and  military  aid,  for  the  aid  of  the  wite,  widow,  children 


680 


Acts,  1808.. 


Chap.  561. 


Proviso. 


Persons  who 
incur  disabili- 
ties entitled  to 
receive  aid,  etc. 


Certain  state- 
ments to  be 
made  by 
applicant. 


Blank  forms  to 
be  furnished 
by  state  aid 
commissioners. 


under  sixteen  years  of  age,  parents,  brothers  and  sisters 
actually  dependent  upon  any  inhabitant  of  such  city  or 
town  having  a  residence  and  actually  residing  therem,  who 
has  enlisted,  or  hereafter  shall,  during  the  present  war 
prior  to  the  declaration  of  peace,  be  duly  enlisted  and 
mustered  as  a  non-commissioned  officer  or  soldier  into 
the  military  service  of  the  United  States  as  a  part  of  the 
quota  of  this  Commonwealth,  or  who  has  enlisted  and 
been  mustered  into  the  regular  army  of  the  United 
States,  or  as  a  sailor  or  marine  into  the  naval  service 
of  the  United  States,  in  the  same  manner  and  under  the 
same  limitations  as  state  aid  was  paid  to  dependent  rela- 
tives of  soldiers,  sailors  and  marines  during  the  civil 
war :  provided^  however^  that  no  person  while  receiving 
state  aid  under  chapter  three  hundred  and  one  of  the  acts 
of  the  3'ear  eighteen  hundred  and  ninety-four  shall  receive 
aid  under  this  act. 

Section  4.  Persons  who  incur  disabilities  in  such  ser- 
vice and  who  are  honorably  discharged  therefrom  shall  be 
entitled  to  receive  military  and  state  aid  under  the  same 
rules,  conditions  and  limitations  as  to  amounts  as  are  now 
applied  to  applicants  for  aid  under  chapters  two  hundred 
and  seventy-nine  and  three  hundred  and  one  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four,  in  the  same 
manner  as  if  such  persons  had  served  to  the  credit  of  this 
Commonwealth  in  the  army  or  navy  of  the  United  States 
in  the  civil  war. 

Section  5.  Applicants  for  such  aid  shall,  as  a  basis 
for  the  first  payment  thereof,  state  in  writing,  under 
oath,  the  name,  age  and  residence  of  the  })erson  for 
whom  such  aid  is  sought,  the  relation  of  the  applicant 
to  the  soldier  and  sailor,  the  company  and  regiment,  or 
vessel,  if  any,  in  which  such  soldier  or  sailor  enlisted 
and  in  which  he  last  served ;  the  date  and  place  of  such 
enlistment,  when  known,  the  duration  of  such  .service, 
and  the  reason  for  the  ai)plication,  and  shall  furnish  such 
official  certificates  or  record,  evidence  of  enlistment,  ser- 
vice and  discharge  as  may  be  required. 

Section  6.  The  commissioners  of  state  aid  shall  fur- 
nish from  time  to  time  to  each  city  and  town  a  sufficient 
number  of  blank  forms  for  the  use  of  ap})licants ;  shall 
constitute  a  board  of  ajipeal  to  decide  upon  all  disputed 
questions  between  applicants  and  the  municipal  author- 
ities;    shall  investigate  all  payments   of  such  aid;    shall 


Acts,  1898.  — Chap.  561.  G81 

have  power  to  determine  all  incidental  questions  arising 
in  coiineotion  therewitli ;  and  shall  have  the  custody  of 
the  original  papers  relating  to  each  application. 

Section  7.  Municipal  officers  making  payments  under  Returns  to  i.e 
this  act  shall  make  return  of  the  same  to  the  commis- 
sioners of  -state  aid  on  blank  forms  furnished  by  said  com- 
missioners, and  the  amounts  approved  by  said  commis- 
sioners shall  be  reim1)ursed  to  cities  and  towns  from  the 
treasury  of  the  Commonwealth,  at  the  time  and  in  the 
manner  prescribed  by  chapters  two  hundred  and  seventy- 
nine  and  three  hundred  and  one  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four. 

Section  8.  For  the  purpose  of  meeting  any  expenses  Masaacimsetts 
heretofore  incurred  under  the  provisions  of  chapter  three 
hundred  and  f(n'ty-seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-eight,  and  further  expenditure  under 
the  direction  of  the  conmiander-in-chief  in  defraying  the 
military  and  naval  expenses  which  the  existing  emergency 
arising  out  of  the  condition  of  the  relations  of  the  United 
States  with  Spain,  and  the  exigencies  of  war  may  render 
requisite  and  proper ;  and  to  meet  the  expenses  of  state 
pay  for  soldiers  and  sailors  as  provided  for  in  this  act 
the  treasurer  and  receiver  general  is  hereby  authorized 
from  time  to  time,  with  the  approval  of  the  governor  and 
council,  to  issue  scrip  or  certificates  of  indebtedness  to  an 
amount  not  exceeding  in  the  aggregate  one  million  five 
hundred  thousand  dollars,  for  a  term  not  exceeding  thirty 
years.  Said  scrip  or  certificates  of  indel)tedness  shall 
be  issued  as  registered  bonds  or  with  interest  coupons 
attached,  and  shall  bear  interest  not  exceeding  four  per 
cent,  per  annum,  payal)le  semi-annually  on  the  first  days 
of  April  and  October  in  each  year.  Such  scrip  or  cer- 
tificates of  indebtedness  shall  be  designated  on  the  face 
thereof,  Massachusetts  AVar  Loan  ;  shall  be  countersigned 
by  the  governor  and  shall  l)e  deemed  a  pledge  of  the  faith 
and  credit  of  the  Connnonwealth,  and  the  principal  and 
interest  shall  be  paid  at  the  times  specified  therein,  in 
gold  coin  of  the  United  States  or  its  equivalent ;  and 
said  scrip  or  certificates  of  indebtedness  shall  be  sold  or 
disposed  of  at  public  auction  or  in  such  other  mode,  and 
at  such  times  and  })rices,  and  in  such  amounts,  and  at 
such  rates  of  interest,  not  exceeding  the  rate  above- 
specified,  as  shall  be  deemed  best.  The  treasurer  and  Sinking  fund. 
receiver  general  shall,  on  issuing  any  of  said  scrip  or 


682 


Acts,  1898.  —  Chap.  5(52. 


Proceeds  of 
Bales  of  bonds 
to  be  paid  into 
the  state 
treasury. 


llepcal. 


Tiovisions  not 
to  apply  in 
certain  cases. 


certificates  of  indebtedness,  establish  a  sinking  fund,  into 
Avliich  shall  be  paid  any  premiums  received  on  the  sale 
of  said  bonds,  and  he  shall  apportion  thereto  from  year 
to  year,  in  addition,  amounts  sufficient  with  the  accumu- 
hitions  to  extinguish  at  maturity  the  debt  incurred  by  the 
issue  of  said  bonds.  The  amount  necessary  to  meet  the 
annual  sinking  fund  rccjuirements  and  to  pay  the  interest 
on  said  bonds  shall  be  raised  by  taxation  from  year  to  year. 

Section  9 .  -  From  the  proceeds  of  the  sale  of  the  bonds 
referred  to  in  section  eight  of  this  act  there  shall  be  paid 
into  the  treasury  of  the  Commonwealth  such  amounts  as 
may  have  been  already  expended  under  the  authority  of 
chapter  three  hundred  and  forty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-eight. 

Sectiox  10.  Chapter  three  hundred  and  forty-seven 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-eight 
is  hereby  repealed. 

Section  11.  The  provisions  of  this  act  shall  not  apply 
to  any  inhabitant  of  this  Commonwealth  who  has  enlisted, 
or  who  may  hereafter  enlist,  in  the  corps  of  other  states 
or  territories. 

Section  12.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22, 1898. 


Ch€iP.5G2i   -^^   -^CT    TO    PROVIDE    FOR    REGISTERING    AND    CONFIRMING    TITLES 

TO   LAND. 

Be  it  enacted,  etc.,  asfoUoivs: 
Land  Registra-        Section  1.     This  act  may  be  cited  as  the  Land  Regis- 

tion  Act.  ,       ,  .  4     , 

tration  Act. 


Court  of  repis- 
tration  estab- 
lished. 


Sittings  of 
court. 


COURT   OF    registration. 

Section  2.  A  court  is  hereby  established,  to  be  called 
the  Court  of  Registration,  which  shall  have  exclusive 
original  jurisdiction  of  all  applications  for  the  registra- 
tion of  title  to  land  within  the  Commonwealth,  with 
power  to  hear  and  determine  all  questions  arising  upon 
such  ajiplications,  and  also  shall  have  jurisdiction  over 
such  other  questions  as  may  come  before  it  under  this 
act,  subject  however  to  the  right  of  appeal,  as  hereinafter 
provided. 

The  court  shall  hold  its  sittings  in  Boston,  but  may 
adjourn  from  time  to  time  to  such  other  places  as  the 
public  convenience  may  require.  In  the  county  of  Suf- 
folk the  board  of  aldermen  of  the  city  of  Boston,  and  in 


Acts,  1898.  — Chap.  562.  683 

other  counties  the  county  commissioners,  shall  provide 
suitjibio  rooms  for  the  sittinirs  of  the  court  of  reijistra- 
tion,  iu  the  same  building  with  or  convenient  to  the  pro- 
bate court  or  the  registry  of  deeds,  and  shall  provide  all 
necessary  books  and  such  printed  blanks  and  stationery 
for  use  in  registration  i)rocecdings  as  may  be  ordered  by 
the  court. 

The  court  shall  have  jurisdiction  throughout  the  Com-  jurisdiction  of 
monwealth,  and  shall  always  be  open,  except  on  Sundays  '^°"'^* 
and  holidays  established  by  law.  It  shall  be  a  court  of 
record,  and  shall  cause  to  be  made  a  seal,  and  to  be  sealed 
therewith  all  orders,  process  and  papers  made  by  or  pro- 
ceeding from  the  court  and  requiring  a  seal.  All  notices, 
orders  and  process  of  said  court  may  run  into  any  county 
and  be  returnable  as  the  court  may  direct. 

The  court  shall  from  time  to  time  make  general  rules  court  to  make 
and  forms  for  procedure,  conforming  as  near  as  may  be  '^"'^*'  ^^° 
to  the  practice  in  the  probate  courts,  but  subject  to  the 
express  jirovisions  of  this  act  and  to  general  laws.     Such 
rules  and  forms  before  taking  effect  shall  be  approved  by 
the  supreme  judicial  court  or  a  justice  thereof. 

In  this  act,  except  where  the  context  requires  a  differ-  word  "court" 
ent  construction,  the  word  court  shall  mean  the  court  of 
registration. 

Section  3.  The  governor,  with  the  advice  and  consent  Appointment 
of  the  council,  shall  appoint  two  judges  of  the  court  of  °  "'"  ^*^^' 
registration,  one  of  whom  shall  be  appointed,  commis- 
sioned and  qualified  as  judge  of  registration,  and  the 
other  as  assistant  judge  of  registration,  each  to  hold  his 
office  during  good  behavior ;  and  any  vacancy  shall  be 
filled  in  the  manner  provided  by  the  constitution. 

Section  4.     The  authority  and  jurisdiction  of  the  court  ^"''/,°[^'^otj>^ 
of  registration  shall  begin  and  take  ett'ect  as  soon  as  the  asiudges  are 
judges  thereof  are  appointed  and  qualified.     The  court  ^^^"^"  ^  '  "^  "^^ 
may  be  held  by  a  single  judge,  and  when  so  held  shall 
have  all  the  authority  and  jurisdiction  committed  to  said 
court.     Different  sessions  may  be  held  at  the  same  time, 
either  in  the  same  county  or  in  different  counties,  as  the 
judges  may  decide,  and  they  shall  so  arrange  the  sessions 
as  to  insure  a  prompt  discharge  of  the  business  of  the  court. 

Section  5.     Citations,  orders  of  notice,  and  all  other  |;g'^"/'tg°**f  ^i^g 
process  issuing  from  the  court  shall  bear  test  of  the  judge  judge. 
of  registration,  and  be  under  the  seal  of  the  court  and 
siirncd  bv  the  clerk. 


6S4. 


Acts,  1898. 


Chap.  502. 


Vacancies. 


Recorder  to  be 
appointed,  etc. 


Duties  of 
recorder. 


Recorder  may 
act  in  any 
county. 


Registers  of 
deeds  to  have 
same  a\ithoiity 
as  recorder. 


sent  of  the  council, 
clerk  of  the  court, 
term  of  five  years, 
court   and   keep   a 


Recorder  and 
aseitttants  to  Ije 
sworn,  etc. 


Section  0.  In  case  of  a  vacancy  in  the  office  of  judge 
of  registration,  or  of  his  a])sence  or  inability  to  perform 
his  duties,  the  assistant  judge  shall  perform  them,  until 
the  vacancy  is  filled  or  any  disability  is  removed. 

Section  7.  The  governor,  with  the  advice  and  con- 
shall  appoint  a  recorder,  who  shall  be 
and  wlio  shall  hold  his  office  for  the 
He  shall  attend  the  sessions  of  the 
docket  of  all  causes,  and  shall  affix 
the  seal  of  the  court  to  all  process  or  papers  proceeding 
therefrom  and  requiring  a  seal. 

Section  8.  The  recorder  shall  l)e  under  the  direction 
of  the  court,  and  shall  have  the  custody  and  control  of 
all  papers  and  documents  filed  with  him  under  the  pro- 
visions of  this  act,  and  shall  carefully  number  and  index 
the  same.  Said  papers  and  documents  shall  be  kept  in 
Boston  in  an  office  to  be  called  the  Land  Registration 
Office,  which  shall  be  near  the  court  of  registration. 
The  recorder  shall  have  authority,  with  the  sanction  of 
the  court,  to  employ  such  assistants  and  messengers  as 
may  be  necessary. 

Section  9.  The  recorder  may  act  in  any  county,  and 
after  land  has  been  registered  under  this  act  he  may  make 
all  memoranda  affecting  the  title,  and  enter  and  issue  cer- 
tificates of  title  as  provided  herein. 

Section  10.  The  registers  of  deeds  in  each  registry 
district,  after  any  land  within  their  respective  districts 
has  been  registered  under  this  act,  shall  have  the  same 
authority  as  the  recorder  to  make  all  memoranda  affecting 
the  title  of  such  land,  and  to  enter  and  issue  new  certifi- 
cates of  title  as  provided  herein,  and  to  affix  the  seal  of 
the  court  to  such  certificates  and  duplicate  certificates  of 
title  ;  but  in  executing  the  provisions  of  this  act  the  reg- 
isters of  deeds  shall  be  subject  to  the  general  direction 
of  the  recorder,  in  order  to  secure  uniformity  throughout 
the  Commonwealth  ;  and  their  official  designation  shall  be 
assistant  recorders  for  the  registry  district  in  which  they 
are  severally  registers  of  deeds.  In  case  of  the  death  or 
disability  of  the  recorder  the  assistant  recorder  for  the 
Suffolk  district  shall  perform  the  duties  of  the  recorder 
until  the  vacancy  is  filled  or  the  disability  removed. 

Section  11.  The  recorder  and  all  assistant  recorders 
shall  l)e  sworn  before  the  judge  of  registration,  and  a  rec- 
ord thereof  shall  be  made.     They  shall  give  bond  in  a 


Acts,  1898.— Chap.  562.  C85 

sum  to  be  fixed  by  the  court,  for  the  faithful  performance 
of  their  otiiclal  duties,  before  eutering  upon  the  same. 
They  may  administer  oaths  in  all  cases  in  which  an  oath  , 
is  required,  to  persons  appearinof  before  them  in  matters 
])ertaininii'  to  the  registration  of  land.  They  shall  keep 
accurate  accounts  of  all  moneys  received  as  fees  or  other- 
wise, which  shall  be  su])ject  to  examination  l)y  the  con- 
troller of  county  accounts,  in  the  same  manner  as  accounts 
of  registers  of  deeds,  and  they  shall  pay  over  such  moneys 
quarterly  to  the  treasurer  of  the  Connnonwealth.  In  case 
of  the  absence  of  any  assistant  recorder  the  assistant  reff- 
ister  for  the  district,  or  if  there  is  no  assistant  register 
the  person  acting  as  clerk  in  the  office  of  the  register  of 
deeds,  shall  jierform  the  duties  of  the  assistant  recorder, 
and  the  assistant  recorder  shall  be  responsible  for  him. 

Section  12.     The  judge  of  registration  may  appoint  Examiners  of 
one  or  more  examiners  of  title  in  each  county,  who  shall  appointed. 
be  attorneys  at  law,  and  shall  be  subject  to  removal  by 
the  supreme  judicial  court. 

Section  13.  The  salary  of  the  judge  of  registration  salaries. 
shall  be  fortv-five  hundred  dollars  a  year.  The  salary  of 
the  assistant  judge  of  registration  shall  be  four  thousand 
dollars  a  year.  The  salaries  of  the  recorder,  assistant 
recorders,  examiners  of  titles,  and  all  assistants  and  mes- 
sengers shall  be  fixed  by  the  governor  and  council  All 
salaries  and  expenses  of  the  court  shall  be  paid  from  the 
treasury  of  the  Commonwealth. 

Section  14.  Eveiy  order,  decision  and  decree  of  the  orders,  dcci. 
court  of  registration  shall  be  subject  to  appeal  to  the  su-  appeal,  etc. 
perior  court  for  the  county  where  the  land  lies,  concern- 
ing which  the  order,  decision  or  decree  appealed  from  was 
made.  The  appeal  shall  be  claimed  and  entered  within 
thirty  days  from  the  date  of  such  order,  decision  or  de- 
cree, and  the  jiarty  appealing  shall  at  the  time  of  entering 
his  ajipeal  file  in  the  superior  court  copies  of  all  material 
])apers  in  the  case,  certified  by  the  recorder.  Appear- 
ances and  answers  shall  be  filed  in  the  superior  court 
within  thirty  days  after  the  appeal  is  entered,  unless  for 
good  cause  further  time  is  allowed,  and  upon  the  motion 
of  either  party  the  cause  shall  l)e  advanced  for  speedy 
hearing,  and  shall  be  tried  by  the  court,  unless  either  party 
within  the  time  allowed  for  entering  appearance  claims 
trial  by  jury,  in  which  case  issues  for  the  jury  shall  be 
framed.     Questions  of  law  arising  in  the  superior  court 


686 


Acts,  1898.  — Chap.  5(32. 


Final  decision 
»o  be  certified 
to  court. 


Appeals. 


Court  may 
enforce  its 
orders. 


Costs. 


may  be  taken  to  the  supreme  judicial  court  for  revision 
by  any  party  aggrieved,  in  the  same  manner  as  in  pro- 
ceedings at  hiw  in  the  superior  court. 

Section  15.  At  the  end  of  tiie  ]n'oceedings  on  appeal 
tlie  clerk  of  the  superior  court  shall  certify  to  the  court 
of  registration  the  final  decision  on  the  appeal,  and  the 
court  of  registration  shall  enter  the  final  decree  in  the 
cause,  in  accordance  with  the  certificate  of  the  clerk  of 
the  superior  court. 

Section  16.  If  the  party  appealing  does  not  duly 
prosecute  his  appeal  within  the  time  limited  the  original 
order,  decision  or  decree  shall  stand  as  if  no  appeal  had 
been  taken. 

Section  17.  The  court  of  registration  in  all  matters 
over  which  it  has  jurisdiction  may  enforce  its  orders  or 
decrees,  in  the  same  manner  as  decrees  are  enforced  in 
equity,  and  upon  the  request  of  the  judge  of  registration 
the  sherifi*  of  any  county  shall  assign  a  deputy  to  attend 
the  sittings  of  the  court  in  that  county. 

Section  18.  Costs  shall  be  taxed  as  in  the  superior 
court  sitting  in  equity,  where  no  diiferent  provision  is 
made. 


Applications  for 
registration. 


Proviso. 


ORIGINAL   registration. 

Section  19.  Application  for  registration  of  title  may 
be  made  by  the  following  persons,  namely : 

First.  The  person  or  ])ersons  claiming,  singly  or  col- 
lectively, to  own  the  legal  estate  in  fee  simple. 

Second.  The  person  or  persons  claiming,  singly  or 
collectively,  to  have  the  power  of  appointing  or  disposing 
of  the  legal  estate  in  fee  simple. 

Third.  Infants  and  other  persons  under  disability  may 
make  application  by  their  legally  ajipointed  guardians ; 
but  the  person  in  whose  behalf  the  application  is  made 
shall  be  named  as  applicant. 

Fourth.  Corporations  may  make  application  l)y  any 
officer  duly  authorized  by  a  vote  of  the  directors  :  j^^ovided, 
hoicever,  that  one  or  more  tenants  for  a  term  of  years, 
which  is  regarded  as  a  fee  simple  in  section  one  of  chapter 
one  hundred  and  twenty-one  of  the  Public  Statutes,  shall 
not  l)e  allowed  to  make  apj^lication  except  jointly  with 
those  claiming  the  reversionary  interest  which  makes  up 
the  fee  simple  at  common  law;  nor  shall  a  mortgagor 
make  application  without  the  consent  in  writing  of  the 
mortgagee  ;  nor  a  married  woman  without  the  consent  in 


Acts,  1898.  — Chap.  562.  687 

writino;  of  her  husband,  unless  she  holds  the  land  as  her 
separate  property  or  has  a  power  to  appoint  the  same  in 
fee  simple,  or  has  obtained  a  decree  of  the  probate  court 
under  the  provisions  of  chapter  two  hundred  and  fifty-five 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-five, 
as  amended  by  chapter  two  hundred  and  ninety  of  the  acts 
of  the  year  eiiihteen  hundred  and  eiahty-seven ;  nor  one 
or  more  tenants  chiiming  undivided  shares  less  than  a  fee 
sinii)le  in  the  whole  land  described  in  the  application. 

Section  20.  The  application  may  be  filed  with  the  Application  to 
recorder,  or  with  the  assistant  recorder  at  the  registry  of  '**'  '^'*''^'  '^''^" 
deeds  for  the  district  in  which  the  land,  or  any  portion 
thereof,  lies.  Upon  filing  his  application  the  applicant 
shall  forthwith  cause  to  be  filed  in  the  registry  of  deeds 
for  the  said  district  or  districts  a  memorandum  statincr 
that  application  for  registration  has  been  filed,  and  the 
date  and  place  of  filing,  and  a  copy  of  the  description  of 
the  land  contained  in  the  application.  This  memorandum 
shall  be  recorded  and  indexed  by  the  register  with  the 
records  of  deeds.  Each  assistant  recorder  shall  also  keep 
an  index  of  all  applications  in  his  district,  and  in  every 
case  where  the  application  is  filed  with  him  shall,  after 
recording,  transmit  the  same,  with  the  papers  and  plans 
filed  therewith,  to  the  recorder. 

Section  21.    The  a]:)plication  shall  be  in  writing,  signed  Application  to 

,  111-  11       be  m  writing, 

and  sworn  to  by  the  applicant  or  l)y  some  person  duly  etc. 
authorized  in  his  behalf.  If  there  is  more  than  one  appli- 
cant the  application  shall  be  signed  and  sworn  to  by  or  in 
behalf  of  each.  It  shall  contain  a  description  of  the  land, 
and  shall  state  whether  the  applicant  is  married  ;  and  if 
married  the  name  of  the  wife  or  husband ;  and  if  unmar- 
ried whether  he  or  she  has  been  married,  and  if  so,  when 
and  how  the  marriage  relation  terminated ;  and  if  by 
divorce,  when,  where  and  by  what  court  the  divorce  was 
granted.  It  shall  also  state  the  name  in  full  and  the 
address  of  the  applicant,  and  also  the  names  and  addresses 
of  the  adjoining  owners  and  occu[)ants,  if  known  ;  and  if 
not  known  it  shall  state  what  search  has  been  made  to 
find  them.     It  may  be  in  form  as  follows  : 

COMMONWEALTH   OF   MASSACHUSETTS. 

To  till   Ilnnorahlc  the  Jutlrje  of  the  Court  of  Registration. 

I  (or  we)  tlic  undorsifrned.  hereby  apply  to  have  tlie  land  herein-  Form  of  appli- 
after  dest-riljed   brout^ht  under  the  operation  and  |)rovision.s  of  the  ''''"°°- 
land  registration  act,  and  to  have  my  (or  our)  title  therein  registered 


688 


xVcTs,  1808.  — Chap.  5()2. 


and  confirmed.  And  I  (or  we)  declare:  (1)  That  I  am  (or  we 
are)  the  owner  (or  owners)  in  fee  simple  of  a  certain  parcel  of  land 
with  the  buildings  (if  any,  and  if  not,  strike  out  the  clause),  situate 
in  (here  insert  accurate  description).  (2)  That  said  land  at  the 
last  assessment  for  taxation  was  assessed  at  dollars  ;  and  the 

buildings    (if  any)   at  dollars.     (3)     That  I   (or  we)  do  not 

know  of  any  mortgage  or  encumbrance  attecting  said  land,  or  that 
any  other  person  has  any  estate  or  interest  therein,  legal  or  equitable, 
in  possession,  remainder,  reversion  or  expectancy.  (If  any,  add 
"other  than  as  follows",  and  set  forth  each  clearly.)  (4)  That  I 
(or  we)  obtained  title  (if  by  deed,  state  name  of  grantor,  date  and 
place  of  record,  and  file  the  deed  or  state  reason  for  not  filing.  If 
in  any  other  way,  state  it).    (5)    That  said  land  is  occupied. 

(If  occupied  state  name  in  full  and  place  of  residence  and  post  office 
address  of  occupant  and  the  nature  of  his  occupancy.  If  unoccupied, 
insert  "  not.")  (G)  That  the  names  in  full  and  addresses  as  far  as 
known  to  me  (or  us)  of  the  occujjants  of  all  lands  adjoining  said  land 
are  as  follows :  (Give  street  and  number  wherever  possible.  If 
names  not  known  state  Avhether  inquiry  has  been  made,  and  what 
inquiry.)  (7)  That  the  names  and  addresses  so  far  as  known  to 
me  (or  us)  of  the  owners  of  all  lands  adjoining  the  above  land  are 
as  follows:  (Same  directions  as  above.)  (8)  That  I  am  (or  we 
are)  married.  (Follow  literally  the  directions  given  in  section 
twenty-one  of  the  land  registration  act.)  (9)  That  my  (or  our) 
full  name  (or  names),  residence  and  post  office  address  is  (or  are) 
as  follows : 

Dated  this  day  of  in  the  year  eighteen  hundred  and 

ninety- 

(Schedule  of  documents.)  (Signature.) 


COMMOXW'EALTH   OF   MASSACHUSETTS, 

ss. 


189 


Then  personally  appeared  the  above  named  ,  known  to 

me  to  be  the  signer  (or  signers)  of  the  foregoing  application,  and 
made  oath  that  the  statements  made  thei'ein,  so  far  as  made  of  his  (or 
their)  own  knowledge  are  true,  and  so  far  as  made  upon  information 
and  belief,  that  he  (or  they)  believe  them  to  he  true,  before  me, 

Just  ice  of  I  he  Peace. 


Application  of 
person  not  a 
resident  of  tlio 
Common- 
wealth. 


Section  22.  If  the  applicant  is  not  a  resident  of  the 
Commonwealth  he  shall  tile  with  his  application  a  ])aper 
appointinir  an  agent  residinuin  the  Commonwealth,  giving 
hi.s  name  in  full  and  post  office  address,  and  shall  therein 
agree  that  the  service  of  any  legal  process  in  proceedings 
under  or  growing  out  of  the  application  shall  be  of  the 
same  legal  effect  when  made  on  said  agent,  as  if  made  on 
the  applicant  within  the  Commonwealth.  If  the  agent 
dies,  or  removes  from  the  Commonwealth,  the  applicant 
shall  at  once  make  another  appointment ;  and  if  he  fails 
to  do  so  the  court  may  dismiss  the  application. 


Acts,  1898.  — Chap.  562.  689 

Section  23.     Amendments  to  the  application,  includ-  jfppYicatkfn '* '" 
ing  joinder,  substitution,  or  discontinuing  as  to  parties, 
shall  be  allowed  by  the  court  at  any  time  u})on  terms  that 
are  just  and  reasonable ;  ])ut  all  amendments  shall  be  in 
writing,  signed  and  sworn  to,  like  the  original. 

Skction   24.     An  application  may  include  two  or  more  Application 
contiguous  parcels  of  land  within  the  same  registry  dis-  uvoormore 
trict.      But   two  or  more   persons  claiming  in  the  same  ^'"*'®'*°^^"°''" 
parcels  dirt'erent  interests,  which  collectively  make  up  the 
legal  estate  in  fee  simple  in  each  parcel,  shall  not  join  in 
one   application    for  more  than   one    parcel  unless  their 
interests  are  alike  in  each  and  every  parcel.     The  court 
may  at  any  time  order  an  application  to  be  amended  by 
striking  out  one  or  more  of  the  parcels,  or  by  a  severance 
of  the  application. 

Section'  25.     If  the  application  describes  the  land  as  Land  bounded 
bounded  on  a  public  or  private  way  it  shall  state  whether  p^ivateway?*^ 
or  not  the  applicant  claims  any  and  what  land  within  the 
limits   of  the  way,  and   whether  the  applicant  desires  to 
have  the  line  of  the  way  determined. 

Section  20.  The  applicant  shall  file  with  the  applica-  piantobefiied 
tion  a  plan  of  the  land,  and  all  original  muniments  of  title  cation.''^' '" 
within  his  control  mentioned  in  the  schedule  of  docu- 
ments. Such  original  muniments  as  aflect  land  not  in- 
cluded in  the  application  may  be  withdrawn  on  filing 
certified  copies  of  the  same.  When  an  application  is 
dismissed  or  discontinued  the  applicant  may,  with  the 
consent  of  the  court,  withdraw  such  original  muniments 
of  title. 

Section  27.     "When  an  application  is  made  subject  to  whenappuca- 

...  ,  1  jTij^i  Ti  tion  is  made 

an  existmg  mortgage  or  lease,  executed  by  the  applicant  Bubjectio 
or  some  predecessor  in  title,  the  applicant  shall  file  with  ce?afedc'opy' 
the  application  a  certified  copy  of  the  mortgage  or  lease,  ^eflTedr^"*^" 
and  cause  the  original  to  be  presented  for  registration, 
before  a  decree  of  registration  is  entered. 

Section  28.     The  court  may  by  general  rule  require  Court  may  re- 
facts  to  be  stated  in  the  a|i[)lication  in  addition  to  those  facts  to  be 
prescribed   by  this  act,  and  not  inconsistent  therewith,  '*''"®'^' 
and  may  require  the  filing  of  any  additional  papers. 

Section  29.     After   the   filins:  of  an  application,  and  i^''"^™"^^''.. 

,  .  ,  1  I         1       1  •  1  •!       1  1        dealt  With  as  if 

before    registration,  tlie    land  therein   described   may   be  no  application 
dealt  with,  and  instruments  relating  thereto  shall   be  re-  etc. 
corded  in  the  same  manner  as  if  no  such  application  had 
been  filed  :  but  all  instruments  left  for  record  relatinj^  to 


690 


Acts,  1898.  — Chap.  562. 


Application  to 
be  referred  to 
examinerB  of 
title. 


such  land  shall  be  indexed  in  the  usual  manner  in  the 
registry  indexes,  and  also  in  the  index  of  applications. 
As  soon  as  an  application  is  disposed  of  the  recorder  shall 
make  a  memorandum  stating  the  disposition  of  the  case, 
and  shall  send  the  same  to  the  register  of  deeds  for  the 
proper  district  or  districts,  who  shall  record  and  index  it 
with  the  records  of  deeds,  and  in  the  index  of  applica- 
tions. If  the  proceedings  upon  the  application  end  in  a 
decree  of  registration  of  title  the  land  included  therein 
shall,  as  soon  as  the  said  decree  is  transcribed,  as  here- 
inafter provided  in  section  forty-one,  become  registered 
land,  and  thereafter  no  deeds  or  other  instruments  relat- 
ing solely  to  such  land  shall  be  recorded  with  the  records 
of  deeds,  but  shall  be  registered  in  the  registration  book 
and  filed  and  indexed  with  the  records  and  documents  re- 
lating to  registered  land. 

Sectiox  30.  Immediately  after  the  filing  of  an  appli- 
cation the  court  shall  enter  an  order  referring  it  to  one  of 
the  examiners  of  title,  who  shall  search  the  records  and 
investigate  all  facts  stated  in  the  application,  or  otherwise 
brought  to  his  notice,  and  file  in  the  case  a  report  thereon, 
concluding  with  a  certificate  of  his  opinion  upon  the  title. 
The  recorder  shall  give  notice  to  the  applicant  of  the  filing 
of  such  report.  If  the  opinion  of  the  examiner  is  adverse 
to  the  applicant  he  shall  be  allowed  by  the  court  a  rea- 
sonable time  in  which  to  elect  to  proceed  further  or  to 
withdraw  his  application.  The  election  shall  be  made  in 
writing  and  filed  with  the  recorder. 

Section  31.  If,  in  the  opinion  of  the  examiner,  the 
to ije published,  applicant  has  a  good  title  as  alleged,  and  proper  for  regis- 
tration, or,  if  the  applicant  after  an  adverse  opinion  of  the 
examiner,  elects  to  })roceed  further,  the  recorder  shall, 
immediately  upon  the  filing  of  the  examiner's  opinion,  or 
the  applicant's  election,  as  the  case  may  be,  cause  notice 
of  the  filing  of  the  application  to  be  published  by  the  re- 
corder in  some  newspaper  jiublished  in  the  district  where 
any  portion  of  the  lands  lie.  The  notice  shall  be  issued 
by  the  order  of  the  court,  attested  by  the  recorder,  and 
shall  be  in  form  sul)stantially  as  follows  : 


Notice  of  filing 
of  application 


Form  of  notice. 


REGISTRATION   OF   TITLE. 

Court  or  Registkation. 


Suffolk  ss. 

To  (here  insert  the  names  of  all  persons  known  to  have  an  ad- 
verse interest,  and  the  adjoinino;  owners  and  occupants,  so  far  as 
known),  and  to  all  wliom  it  may  concern  : 


Acts,  1898.  —  Ciiai>.  5()2.  691 

WiiEUEAS  an  application  has  been  presented  to  said  court  by 
(name  or  names  and  address  in  full)  to  register  and  confirm  his  (or 
their)  title  in  the  following  described  land  (insert  description). 

You  are  hereby  cited  to  appear  at  the  court  of  registration  to  be 
held  at  ,  in  said  county  of  on  the 

day  of  A.D.,  ,  at  o'clock  in  the 

forenoon,  to  show  cause,  if  any  you  have,  why  the  prayer  of  said  ap- 
plication should  not  be  granted.  And  unless  you  appear  at  said  court 
at  the  time  and  jjlace  aforesaid  your  default  will  be  recorded,  and  the 
said  application  will  be  taken  as  confessed,  and  you  will  be  forever 
barred  from  contesting  said  ajiplication  or  any  decree  entered  thereon. 

Witness  ,  Esquire,  judge  of  said  court,  this 

day  of  in  the  year  eighteen  hundred  and  ninety- 

Attest: 

Becorder. 

Section  32.  The  return  day  of  said  notice  shall  be  not  Ketumday  of 
less  than  twenty  nor  more  than  sixty  days  from  the  date 
of  issue.  The  court  shall  also,  within  seven  days  after 
publication  of  said  notice  in  a  newspaper,  cause  a  copy 
of  the  same  to  be  mailed  by  the  recorder  to  every  person 
named  therein  whose  address  is  known.  The  court  shall 
also  cause  a  duly  attested  copy  of  the  notice  to  be  posted 
in  a  conspicuous  place  on  each  parcel  of  land  included  in 
the  application,  by  a  sherilF  or  deputy  sheriff,  fourteen 
days  at  least  before  the  return  day  thereof,  and  his  return 
shall  be  conclusive  proof  of  such  service.  If  the  appli- 
cant requests  to  have  the  line  of  a  public  way  determined 
the  court  shall  order  notice  to  be  given  by  the  recorder, 
by  mailing  a  registered  letter  to  the  mayor  of  the  city  or 
to  one  of  the  selectmen  of  the  town  or  towns  in  which 
the  land  lies,  or,  if  the  way  is  a  highway,  to  one  of  the 
county  commissioners  of  the  county  or  counties  in  which 
the  land  lies.  If  the  land  borders  on  a  river,  naviga- 
ble stream  or  shore,  or  on  an  arm  of  the  sea  where  a 
river  or  harl)or  line  has  been  established,  or  on  a  great 
pond,  or  if  it  otherwise  appears  from  the  application  or 
the  proceedings  that  the  Commonwealth  may  have  a  claim 
adverse  to  that  of  the  ai)[)licant,  notice  shall  be  given  in 
the  same  manner  to  the  attorney-general.  The  court  may 
also  cause  other  or  further  notice  of  the  application  to  be 
given  in  such  manner  and  to  such  persons  as  it  may  deem 
proper.  The  certificate  of  the  recorder  that  he  has  served 
the  notice  as  directed  by  the  court,  by  publishing  or  mail- 
ing, shall  be  filed  in  the  case  before  the  return  day,  and 
shall  be  conclusive  proof  of  such  service. 

Section  33.     Upon  the  return  day  of  the  notice,  and  utem1lfa°ybi 
proof  of  service  of  all  orders  of  notice  issued,  the  court  'M'pointed  for 

Jr  '  minors. 


692  Acts,  1898.  —  Chap.  562. 

may  appoint  a  disinterested  person  to  act  as  guardian  ad 
litem  for  minors,  and  for  all  persons  not  in  ])eing  who  may 
have  an  interest.  The  compensation  of  the  guardian  or 
agent  shall  be  determined  by  the  court  and  paid  as  part  of 
the  expenses  of  the  court. 
Any  person  Sectiox  34.     Any  pcrsou  claiming  an  interest,  whether 

inter.et  may  named  in  the  notice  or  not,  may  appear  and  file  an  answer 
answe^r.'*'"  '  ^  ou  or  bcforc  the  return  day,  or  within  such  further  time 
as  may  be  allowed  by  the  court.  The  answer  shall  state 
all  objections  to  the  application,  and  shall  set  forth  the 
interest  claimed  by  the  party  tiling  the  same,  and  shall  be 
signed  and  sworn  to  by  him  or  by  some  person  in  his 
behalf. 
Court  may  Section  35.     If  uo  pcrsou  appears  and  auswcrs  witliiu 

certain  cages,  the  time  allowcd  the  court  may  at  once  upon  motion  of 
the  applicant,  no  reason  to  the  contrary  appearing,  order 
a  general  default  to  be  recorded  and  the  u})})lication  to  be 
taken  for  confessed.  By  the  description  in  the  notice,  "  to 
all  whom  it  may  concern",  all  the  world  are  made  parties 
defendant  and  shall  be  concluded  by  the  default  and  order. 
After  such  default  and  order  the  court  may  enter  a  decree 
confirming  the  title  of  the  applicant  and  ordering  registra- 
tion of  the  same.  The  court  shall  not  be  bound  by  the 
report  of  the  examiner  of  title,  but  may  require  other  or 
further  proof. 
Cause  shall  be  SECTION  3().  If  in  any  casc  an  appearance  is  entered 
hearing,  etc.  and  auswcr  filed  the  causc  shall  be  set  down  forbearing 
on  the  motion  of  either  party,  but  a  default  and  order 
shall  first  be  entered  against  all  persons  who  do  not  appear 
and  answer,  in  the  manner  provided  in  the  preceding  sec- 
tion. The  court  may  refer  the  cause  or  any  part  thereof 
to  one  of  the  examiners  of  title,  as  master,  to  hear  the 
parties  and  their  evidence,  and  make  report  thereof  to  the 
court.  His  re]iort  shall  have  the  same  weight  as  that  of 
a  master  appointed  by  the  superior  court  in  equity,  and 
he  shall  proceed  according  to  the  rules  of  said  court  ap- 
plicable to  masters,  except  as  the  same  may  be  modified 
by  the  rules  of  the  court  of  registration.  The  court  may 
in  any  case  before  decree  require  a  survey  to  be  made  for 
the  purpose  of  determining  boundaries,  and  may  order 
durable  bounds  to  be  set,  and  referred  to  in  the  application, 
by  amendment.  The  expense  of  survey  and  bounds  shall 
be  taxed  in  the  costs  of  the  case  and  may  be  a])portioned 
among  the  parties  as  justice  may  recjuire.     If  no  jjersons 


certain  cases. 


Acts,  1898.  — Chap.  562.  693 

appear  to  oppose   the  application  such  expense  shall  be 
borne  by  the  ap[)licant. 

Section  37.     If  in  any  case  the  court  finds  that  the  court  may  <ii8. 
applicant  has  not  title   proper  for  registration   a  decree  pilcation 'in' 
shall  be  entered  dismissing  the  application,  and  such  de- 
cree may  be  ordered  to  be  without  prejudice.     The  appli- 
cant may  witlidraw  his  application  at  any  time  before  final 
decree,  upon  terms  to  be  fixed  by  the  court. 

Section  38.     If  the  court  after  hearing  finds  that  the  if  applicant  has 
applicant  has  title  as  stated  in  his  application,  and  proper  colffirmatlon 
for  registration,  a  decree  of  confirmation  and  registration  entered,  etc. 
shall  be  entered.     Every  decree  of  registration  shall  bind 
the  land,  and  quiet  the  title  thereto,  sul)ject  only  to  the 
exceptions  stated  in   the  following  section.     It  shall  be 
conclusive  upon  and  against   all  persons,    including  the 
Commonwealth,  whether  mentioned  by  name  in  the  appli- 
cation, notice  or  citation,  or  included  in  the  general  de-    . 
scription   "to  all  whom  it  may  concern."     Such   decree 
shall  not  be  opened  by  reason  of  the  absence,  infancy  or 
other  disability  of  any  person  affected  thereby,  nor  by 
any  proceeding  at  law   or  in   equity  for  reversing  judg- 
ments or  decrees ;    subject  however  to  the  right  of  any 
person    deprived   of  land    or    of  any   estate    or    interest 
therein  by  a  decree  of  registration  obtained  by  fraud  to 
file  a  petition  for  review  within  one  year  after  the  entry 
of  the  decree,  provided  no  innocent  purchaser  for  value 
has  acquired  an  interest.     If  there  is  any  such  purchaser 
the  decree  of  registration  shall  not  be   opened  but  shall 
remain  in  full  force  and  effect  forever,  subject  only  to  the 
right  of  appeal  hereinbefore  provided.     But  any  person 
aggrieved  by  such    decree  in    any  case    may  pursue    his 
remedy  by  action  of  tort   against  the  applicant   or  any 
other  person  for  fraud  in  procuring  the  decree. 

Section  39.  Every  applicant  receiving  a  certificate  of  receMng'cer- 
title  in  pursuance  of  a  decree  of  registration,  and  every  {|,''{;oijthe'"'' 
subseouent  purchaser  of  resfistered  land  who  takes  a  cer-  same  free  of  au 

!•    •  •  \  t       f  1  'i-  -I     f   •J^  iiiiiTii         encumbiance, 

tificate  ot  title  tor  value  and  in  good  laith,  shall  hold  the  except, etc. 
same  free  from  all  encumbrances  except  those  noted  on 
the  certificate,  and  any  of  the   following  encumbrances 
which  may  be  subsisting,  namely  : 

First.  Liens,  claims  or  rights  arising  or  existing  under 
the  laws  or  constitution  of  the  United  States  which  the 
statutes  of  this  Common  wealth  cannot  require  to  appear 
of  record  in  the  registrv. 


694 


Acts,  1898.  — Chap.  562. 


ProviBo. 


Date  of  decree 
of  regislratiou, 
etc. 


Certified  copy 
of  decree  to  be 
BCLt  to  ret,'iBter 
of  deeds,  etc. 


Second.  Taxes  within  two  years  after  the  same  have 
been  committed  to  the  collector. 

Third.  Any  hisfhway,  town  way,  or  any  private  way 
laid  out  under  the  provisions  of  section  sixty-five  of 
chapter  forty-nine  of  the  Public  Statutes  or  any  act  in 
amendment  thereof  or  in  substitution  therefor,  where  the 
certificate  of  title  does  not  state  that  the  boundary  of 
such  way  has  been  determined. 

Fourth.     Any  lease  for  a  term  not  exceeding  seven  years. 

Fifth.  Any  liability  to  assessment  for  betterments,  or 
other  statutory  liability  which  may  attach  to  land  in  this 
Commonwealth  as  a  lien  prior  to,  or  independent  of,  the 
recording  or  registering  of  any  paper:  provided,  hoivever, 
that  if  there  are  easements  or  other  rights  appurtenant  to 
a  parcel  of  registered  land  which  for  any  reason  have  failed 
to  be  registered,  such  easements  or  rights  shall  remain  so 
appurtenant  notwithstanding  such  failure,  and  shall  be  held 
to  pass  with  the  land  until  cut  oflf  or  extinguished  by  the 
registration  of  the  servient  estate,  or  in  any  other  manner. 

Sixth.  Any  conveyances,  liens  or  other  encumbrances 
made  subsequent  to  the  filing  of  the  application  for  original 
registration  and  prior  to  the  transcription  of  the  decree 
for  registration  by  the  assistant  recorder. 

Seventh.     Any  attachments  on  mesne  process. 

Section  40.  Every  decree  of  registration  shall  bear 
date  of  the  year,  day,  hour  and  minute  of  its  entry,  and 
shall  be  signed  by  the  recorder.  It  shall  state  whether 
the  owner  is  married  or  unmarried,  and  if  married  the 
name  of  the  husband  or  wife.  If  the  owner  is  under  dis- 
ability it  shall  state  the  nature  of  the  disability,  and  if 
a  minor  shall  state  his  age.  It  shall  contain  a  description 
of  the  land  as  finally  determined  by  the  court,  and  shall 
set  forth  the  estate  of  the  owner,  and  also,  in  such  man- 
ner as  to  show  their  relative  priority,  all  particular  es- 
tates, mortgages,  easements,  liens,  attachments  and  other 
encumbrances,  including  rights  of  husband  or  wife,  if 
any,  to  which  the  land  or  the  owner's  estate  is  subject, 
and  may  contain  any  other  matter  properly  to  be  deter- 
mined in  pursuance  of  this  act.  The  decree  shall  be 
stated  in  a  convenient  form  for  transcription  upon  the 
certificates  of  title  hereinafter  mentioned. 

Section  41.  Immediately  upon  the  entry  of  the  decree 
of  registration  the  recorder  shall  send  a  certified  copy 
thereof,  under  the  seal  of  the  court,  to  the  re<;ister  of 
deeds  for  the  district  or  districts  in  which  the  lands  lie. 


Acts,  1898.  — Chap.  562.  695 

and  the  register  as  assistant  recorder  shall  transcribe  the 
decree  in  a  book  to  be  called  the  registration  book,  in 
which  a  leaf  or  leaves  in  consecutive  order  shall  be  de- 
voted exclusively  to  each  title.  The  entry  ruade  by  the 
assistant  recorder  in  this  book  in  each  case  shall  be  the 
original  certificate  of  title,  and  shall  be  signed  by  him 
and  sealed  with  the  seal  of  the  court.  All  certificates 
of  title  shall  be  numbered  consecutively,  beginning  with 
number  one.  The  assistant  recorder  shall  in  each  case 
make  an  exact  duplicate  of  the  original  certificate,  includ- 
ing the  seal,  but  putting  on  it  the  words,  "  Owner's  dupli- 
cate certificate  ",  and  deliver  the  same  to  the  owner,  or  to 
his  attorney  duly  authorized.  In  case  of  a  variance  be- 
tween the  owner's  duplicate  certificate  and  the  original 
certificate  the  original  shall  })revail.  The  certified  copy 
of  the  decree  of  registration  shall  be  filed  and  numbered 
by  the  assistant  recorder,  with  a  reference  noted  on  it  to 
tlie  })Iace  of  record  of  the  original  certificate  of  title : 
provided^  hov'pver,  that  when  an  application  includes  land  Proviso, 
lying  in  more  than  one  district  the  court  shall  cause  the 
part  lying  in  each  district  to  be  described  separately  by 
metes  and  bounds  in  the  decree  of  registration,  and  the 
recorder  shall  send  to  the  assistant  recorder  for  each  reg- 
istry  district  a  copy  of  the  decree  containing  a  description 
of  the  land  within  that  district,  and  the  assistant  recorder 
shall  register  the  same  and  issue  an  owner's  duplicate 
therefor,  and  thereafter  for  all  matters  pertaining  to  reg- 
istration under  this  act  the  portion  in  each  district  shall 
be  treated  as  a  separate  parcel  of  land. 

Section  42.  The  certificate  first  registered  in  pursu-  Entry  of  decree 
ance  of  a  decree  of  registration  in  regard  to  any  parcel  b"okf *"^^^'°° 
of  land  shall  be  entitled  in  the  registration  book,  "  Orig- 
inal certifiortte  of  title,  entered  pursuant  to  decree  of  the 
court  of  registiation,  dated  at"  (stating  time  and  place 
of  entry  of  decree  and  the  number  of  the  case).  The 
certificate  shall  take  eflect  from  the  date  of  the  transcrip- 
tion of  the  decree.  vSubsequent  certificates  relating  to 
the  same  land  shall  be  in  like  form,  but  shall  be  entitled 
"Transfer  from  Xo.  "  (the  number  of  the  next  pre- 
vious certificate  relating  to  the  same  land),  and  also  the 
words  "Originally  registered"  (date,  volume  and  page 
of  registration ) . 

Section  48.     Where  two  or  more  persons  are  reijistered  niipiscate  cer- 

^  .  ~  tihcate  may  be 

owners  as  tenants  in  common,  or  otherwise,  one  owner's  issued  lu  cer- 
duplicatc  certificate  may  bo  i-sued  for  the  whole  land  or 


696 


Acts,  1898.  — Chap.  562. 


Person  holding 
one  duplicate 
certificate  may 
surrender  it  and 
take  out  certifi- 
cates for  differ- 
ent parcels  of 
land. 


Decree  of  ngii- 
tration  to  be 
agreement 
binding  upon 
applicant,  etc. 


Title  not  to  be 
acquired  by 
prescription, 
etc. 

Original  certifi- 
cate or  copy  to 
be  received  as 
evidence. 


Certificate  of 
title  to  contain 
names  of  all 
persons 
interested. 


Indexes  of 
applications  to 
be  kept,  etc. 


a  separate  duplicate  may  be  issued  to  each  for  his  un- 
divided share. 

Skction  44.  A  registered  owner  holding  one  dupli- 
cate certificate  for  several  distinct  parcels  of  land  may 
surrender  it,  with  the  approval  of  the  court,  and  take 
out  several  certificates  for  portions  thereof.  So  a  reg- 
istered owner  holding  separate  duplicate  certificates  for 
several  distinct  parcels  may  surrender  them,  and,  with 
like  approval,  take  out  a  single  duplicate  certificate  for 
the  whole  land,  or  several  certificates  for  different  por- 
tions thereof.  Any  owner  subdividing  a  tract  of  regis- 
tered land  into  lots  shall  file  with  the  recorder  a  plan  of 
such  land,  when  applying  for  a  new  certificate  or  certifi- 
cates, and  the  court  before  issuing  the  same  shall  cause 
the  plan  to  be  verified,  and  require  that  all  boundaries, 
streets  and  passageways  shall  be  distinctly  and  accurately 
delineated  thereon. 

Section  45.  The  obtaining  of  a  decree  of  registration 
and  the  entry  of  a  certificate  of  title  shall  be  regarded  as 
an  agreement  running  with  the  land,  and  l)inding  upon  the 
applicant  and  all  his  successors  in  title  that  the  land  shall 
be  and  forever  remain  registered  land,  and  sul>ject  to  the 
provisions  of  this  act  and  of  all  acts  in  amendment  hereof. 

Section  46.  No  title  to  registered  land  in  derogation 
of  that  of  the  registered  owner  shall  be  acquired  by  pre- 
scription or  adverse  possession. 

Skction  47.  The  original  certificate  in  the  registration 
book,  any  copy  thereof  duly  certified  under  the  signature 
of  the  recorder  or  an  assistant  recorder,  and  the  seal  of 
the  court,  and  also  the  owner's  duplicate  certificate,  shall 
be  received  as  evidence  in  all  the  courts  of  the  Common- 
wealth, and  shall  ])e  conclusive  as  to  all  matters  contained 
therein,  except  so  far  as  otherwise  provided  in  this  act. 

Section  48.  Every  certificate  of  title  shall  set  forth 
the  names  of  all  the  persons  whose  estates  make  up  the 
estate  in  fee  simple  in  the  whole  land,  and  duplicate  certif- 
icates may  be  issued  to  each  person,  l)ut  the  recorder  or 
assistant  recorder  shall  note  in  the  registration  book  and 
on  each  duplicate,  to  whom  such  duplicate  was  issued. 

Section  49.  The  recorder,  under  the  direction  of  the 
court,  shall  make  and  keep  indexes  of  all  applications 
and  of  all  decrees  of  registration,  and  shall  also  index  and 
classify  all  papers  and  instruments  filed  in  his  office  relat- 
ing to  applications  and  to  registered  titles.     The  recorder 


Acts,  1898.  —  Chap.  562.  697 

shall  also,  under  the  direction  of  the  court,  cause  forms 
of  indexes  and  registration  and  entry  books  to  l)e  prepared 
for  the  use  of  the  assistant  reconlers.  The  court  shall 
prepare  and  adopt  convenient  forms  of  certificates  of  title, 
and  shall  also  adopt  general  forms  of  memoranda  to  be 
used  by  the  assistant  recorders  in  registering  the  common 
forms  of  conveyance,  and  other  instruments  to  express 
briefly  their  effect. 

VOLUNTARY    DEALING    WITH    LAND    AFTER    ORIGINAL    REGIS- 
TRATION. 

Section  50.  An  owner  of  registered  land  may  con-  owner  of  reg- 
vey,  mortgage,  lease,  charge  or  otherwise  deal  with  the  ma^t^nvey, 
same  as  fully  as  if  it  had  not  been  registered.  He  may  sa°d*famf ' etc'' 
use  forms  of  deeds,  mortgages,  leases  or  other  voluntary 
instruments  like  those  now  in  use  and  sufficient  in  law  for 
the  purpose  intended.  But  no  deed,  mortgage  or  other 
voluntary  instrument,  except  a  will  and  a  lease  for  a  term 
not  exceeding  seven  years,  purporting  to  convey  or  affect 
registered  land,  shall  take  effect  as  a  conveyance  or  bind 
the  land,  but  shall  operate  only  as  a  contract  between  the 
parties,  and  as  evidence  of  authority  to  the  recorder  or 
assistant  recorder  to  make  registration.  The  act  of  regis- 
tration shall  l)e  the  operative  act  to  convey  or  affect  the 
land,  and  in  all  cases  under  this  act  the  registration  shall 
be  made  in  the  office  of  the  assistant  recorder  for  the  dis- 
trict or  districts  where  the  land  lies. 

Section    51.     Everv    conveyance,    lien,    attachment,  conveyance, 
order,   decree,    instrument  or   entry  affecting   registered  legi'steredshaii 
land,  which  would  under  existing  laws,  if  recorded,  filed  notice. 
or  entered  in  the   registry  of  deeds,  affect  the  real  estate 
to  which  it  relates,  shall,  if  registered,  filed  or  entered  in 
the  office  of  the  assistant  recorder  of  the  district  where 
the  real  estate  to  which  such  instrument  relates  lies,  be 
notice  to  all  persons  from  the  time  of  such  registering, 
filing  or  entering. 

Section  52.     No   new  certificate   shall   be  entered  or  No  certificate 
issued  upon  any  transfer  of  registered  land  which  does  regYs'tered^and 
not  divest  the  title  in  fee  simple  from  the  owner  or  some  J",|e*s8'ud?veBt8 
one  of  the  registered  owners.     All  interests  in  registered  <'^'''  f™"]  ^"^^ 

'-  ,  ,  *^,  owner,  etc. 

land  less  than  an  estate  in  fee  simple  shall  be  registered 
bv  tilinjx  with  an  assistant  recorder  the  instrument  creating 
or  transferrinir  or  claiminir  such  interest  and  bv  a  brief 


698 


Acts,  1898.  —  Chap.  5(52. 


Court  to  render 
decision  in  cer- 
tain ca«eB. 


Instrument 
presented  for 
registnition 
must  contain 
certain  data. 


No  new  certifi- 
cate of  title  to 
be  entered 
unleKB  owner's 
duplicate  cer- 
titicate  is  pre- 
sented, etc. 


memorandum  thereof  made  by  an  assistant  recorder  upon 
the  certificate  of  title,  and  signed  by  him.  A  similar 
memorandum  shall  also  be  made  on  the  owner's  duplicate. 
The  cancellation  or  extinguishment  of  such  interests  shall 
bo  registered  in  the  same  manner. 

Section  53.  Where  the  assistant  recorder  is  in  doubt 
upon  any  question,  or  where  any  j)arty  in  interest  does 
not  agree  as  to  the  proper  memorandum  to  be  made  in 
pursuance  of  any  deed,  mortgage  or  other  voluntary  in- 
strument presented  for  registration,  the  question  shall  be 
referred  to  the  court  for  decision,  either  on  the  certificate 
of  the  assistant  recorder  stating  the  question  upon  which 
he  is  in  doubt,  or  upon  the  suggestion  in  writing  of  any 
party  in  interest ;  and  the  court,  after  notice  to  all  parties 
and  a  hearing,  shall  enter  an  order  prescribing  the  form 
of  memorandum  to  the  assistant  recorder,  who  shall  make 
registration  in  accordance  therewith. 

Section  54.  Every  deed  or  other  voluntary  instru- 
ment presented  for  registration  shall  contain  or  have  in- 
dorsed upon  it  the  full  name,  place  of  residence,  and  post 
office  address  of  the  grantee  or  other  person  acquiring  or 
claiming  an  interest  under  such  instrument,  and  every 
deed  shall  also  state  whether  the  grantee  is  married  or  un- 
married, and  if  married,  give  the  name  in  full  of  the  hus- 
band or  wife.  Any  change  in  the  residence  or  post  office 
address  of  such  person  shall  be  indorsed  by  an  assistant 
recorder  on  the  original  instrument,  on  receiving  a  sworn 
statement  of  such  change.  All  names  and  addresses  shall 
also  be  entered  on  all  certificates.  Notices  and  process 
issued  in  relation  to  registered  land  in  pursuance  of  this 
act  may  be  served  upon  any  person  in  interest  by  mailing 
the  same  to  the  address  so  given,  and  shall  be  binding, 
whether  such  person  resides  Avithin  or  without  the  Com- 
monwealth. 

Section  55.  No  new  certificate  of  title  shall  be  en- 
tered, and  no  memorandum  shall  be  made  upon  any  cer- 
tificate of  title  by  the  recorder  or  any  assistant  recorder, 
in  pursuance  of  any  deed  or  other  voluntary  instrument, 
unless  the  owner's  duplicate  certificate  is  presented  with 
such  instrument,  except  in  cases  expressly  provided  for  in 
this  act  or  upon  the  order  of  the  court,  for  cause  shown  ; 
and  whenever  such  order  is  made  a  memorandum  thereof 
shall  be  entered  on  the  new  certificate  of  title  and  on  the 
owner's  duplicate.  The  production  of  the  owner's  dupli- 
cate certificate  whenever  any  voluntary  instrument  is  pre- 


Acts,  1898.  — Chap.  562.  699 

sented  for  registration  shall  be  conclusive  authority  from 
the  registered  owner  to  the  recorder  or  any  assistant 
recorder  to  enter  a  new  certificate  or  to  make  a  memoran- 
dum of  registration  in  accordance  with  such  instrument, 
and  the  new  certificate  or  memorandum  shall  be  bindinof 
upon  the  registered  owner  and  upon  all  [)ersons  claiming 
under  him,  in  favor  of  every  purchaser  for  vahie  and  in 
good  faith  :  provided,  however,  that  in  all  cases  of  registra-  Provisos. 
tion  procured  by  fraud  the  owner  may  pursue  all  his  legal 
and  equitable  remedies  against  the  parties  to  such  fraud, 
without  prejudice  however  to  the  rights  of  any  innocent 
holder  for  value  of  a  certificate  of  title  ;  and  provided, 
further,  that  after  the  transcription  of  the  decree  of  reg- 
istration on  the  original  application  anj^  subsequent  regis- 
tration under  this  act  procured  by  the  presentation  of  a 
forged  duplicate  certificate,  or  of  a  forged  deed  or  other 
instrument,  shall  be  null  and  void.  In  case  of  the  loss  or 
theft  of  an  owner's  duplicate  certificate  notice  shall  be  sent 
by  the  owner  or  by  some  one  in  his  behalf  to  the  assist- 
ant recorder  for  the  district  in  which  the  land  lies,  as  soon 
as  the  loss  or  theft  is  discovered. 

Section  o6.     Each  assistant   recorder   shall    keep    an  Entry  book  to 
entry  book  in  which  he  shall  enter  in  the  order  of  their  agaj's^tant^^ 
reception  all  deeds  and  other  voluntary  instruments,  and  recorder. 
all  copies  of  writs  or  other  process  filed  with  him  relating 
to  registered  land.     He  shall  note  in  such  book  the  year, 
mouth,  day,  hour  and  minute  of  reception  of  all  instru- 
ments, in  the  order  in  which  they  are  received.     They 
shall  be  regarded  as  registered  from  the  time  so  noted, 
and  the  memorandum  of  each  instrument  when  made  on 
the   certificate  of  title   to  which  it  refers  shall  bear  the 
same  date. 

Every  deed  or  other  instrument,  whether  voluntary  or  instruments  to 
involuntary,  so  filed  with  the  recorder  or  assistant  re-  and'indeled. 
corder,  shall  be  numbered  and  indexed,  and  indorsed 
with  a  reference  to  the  proper  certificate  of  title.  All 
records  and  papers  relating  to  registered  land  in  the 
ofiice  of  the  recorder  or  of  any  assistant  recorder  shall 
be  open  to  the  public  in  the  same  manner  as  probate 
records  are  now  open,  sul)joct  to  such  reasonable  regula- 
tions as  the  recorder,  under  the  direction  of  the  court, 
may  make. 

Dui)licates  of  all  deeds  and  voluntarv  instruments  filed  P"i>iicate8  may 

^  06  Dr686nt6U 

and  registered  may  be  presented  with  the  originals,  and  with  originals. 
shall  be  attc-stcd  and  scaled  bv  the  recorder  or  an  assistant 


700 


Acts,  1898.  — Chap.  562. 


Copies  may  be 
furnished. 


recorder,  and  indorsed  with  the  file  number  and  other 
memoranda  on  the  oriofinals,  and  may  be  taken  away  by 
the  person  presenting  the  same. 

Certified  copies  of  all  instruments  filed  and  registered 
may  also  be  obtained  at  any  time,  on  payment  of  the 
assistant  recorder's  fees. 


Owner  desiring 
to  convey  must 
execute  deed  of 
conveyance,  etc 


Proceedings  in 
case  deed  is  for 
part  only  of 
land,  etc. 


Proviso. 


EncumV)rance8 
or  adverse 
claims. 


CONVEYANCE    IN    FEES. 

Section  57.  An  owner  desiring  to  convey  in  fee  his 
registered  land  or  any  portion  thereof  shall  execute  a 
deed  of  conveyance,  which  the  grantor  or  the  grantee 
may  present  to  the  assistant  recorder  in  the  district 
where  the  land  lies.  The  grantor's  duplicate  certificate 
shall  be  produced  and  presented  at  the  same  time.  The 
assistant  recorder  shall  thereupon  make  out  in  the  reg- 
istration book  a  new  certificate  of  title  to  the  grantee, 
and  shall  prepare  and  deliver  to  him  an  owner's  duplicate 
certificate.  The  assistant  recorder  shall  note  upon  the 
original  and  duplicate  certificates  the  date  of  transfer, 
the  volume  and  page  of  the  registration  book  where  the 
new  certificate  is  registered,  and  a  reference  by  numl)er 
to  the  last  prior  certificate.  The  grantor's  duplicate  cer- 
tificate shall  be  surrendered,  and  the  word  "cancelled", 
stamped  upon  it.  The  original  certificate  shall  also  be 
stamped  "cancelled".  The  deed  of  conveyance  shall  be 
filed  and  indorsed  with  the  number  and  place  of  registra- 
tion of  the  certificate  of  title  of  the  land  conveyed. 

Section  58.  When  a  deed  in  fee  is  for  a  part  only 
of  the  land  described  in  a  certificate  of  title  the  assistant 
recorder  shall  also  enter  a  new  certificate  and  issue  an 
owner's  duplicate  to  the  grantor  for  the  part  of  the  land 
not  included  in  the  deed.  In  every  case  of  transfer  the 
new  certificate  or  certificates  shall  include  all  the  land 
described  in  the  original  and  surrendered  certificates : 
provided^  hoivever,  that  no  new  certificate  to  a  grantee 
of  a  part  only  of  the  land  shall  be  invalid  by  reason  of 
the  failure  of  the  assistant  recorder  to  enter  a  new  certifi- 
cate to  the  grantor  for  the  remaining  unconveyed  portion. 

Section  59.  If  at  the  time  of  any  transfer  there  ap- 
pears upon  the  registration  book  encumbrances  or  claims 
adverse  to  the  title  of  the  registered  owner  they  shall  be 
stated  in  the  new  certificate  or  certificates,  except  so  far 
as  they  may  be  simultaneously  released  or  discharged. 


Acts,  1898.  — CHAr.  562.  701 


MORTGAGES. 

Section  60.  The  owner  of  registered  land  may  mort-  Mortgages. 
gage  the  same  by  executing  a  mortgage  deed,  and  such 
deed  may  be  assigned,  extended,  discharged,  released  in 
whole  or  in  part,  or  otherwise  dealt  with  by  the  mort- 
gagee by  any  form  of  deed  or  instrument  sufficient  in  law 
for  the  purpose.  But  such  mortgage  deed,  and  all  instru- 
ments assigning,  extending,  discharging  and  otherwise 
dealing  with  the  mortgage,  shall  be  registered,  and  shall 
take  etlect  upon  the  title  only  from  the  time  of  regis- 
tration. 

Section  61.  Registration  of  a  mortgage  shall  be  made  Registration  of 
in  the  manner  following,  to  wit :  — The  owner's  duplicate  ™"''*^'''^'^- 
certificate  shall  be  presented  to  the  assistant  recorder  with 
the  mortgage  deed,  and  he  shall  enter  upon  the  original 
certificate  of  title  and  also  upon  the  owner's  duplicate 
certificate  a  memorandum  of  the  purport  of  the  mortgage 
deed,  the  time  of  filing  and  the  file  number  of  the  deed, 
and  shall  sign  the  memorandum.  He  shall  also  note  upon 
the  mortgage  deed  the  time  of  filing  and  a  reference  to 
the  volume  and  page  of  the  registration  book  where  it  is 
registered. 

The  assistant  recorder  shall  also,  at  the  request  of  the 
mortgagee,  make  out  and  deliver  to  him  a  duplicate  of  the 
certificate  of  title,  like  the  owner's  duplicate,  except  that 
the  words  "  Mortgagee's  duplicate"  shall  be  stamped  upon 
it  in  large  letters  diagonally  across  its  face.  A  memoran- 
dum of  the  issue  of  the  mortgagee's  duplicate  shall  be 
made  upon  the  original  certificate  of  title. 

Section  62.  Whenever  a  mortgage  upon  which  a  Assignment  of 
mortgagee's  duplicate  has  been  issued  is  assigned,  ex-  ™°''*s'*s^- 
tended  or  otherwise  dealt  with,  the  mortgagee's  duplicate 
shall  be  presented  with  the  instrument  assigning,  extending 
or  otherwise  dealing  with  the  mortgage,  and  a  memoran- 
dum of  the  instrument  shall  be  made  upon  the  mortgagee's 
duplicate  certificate.  When  the  mortgage  is  discharged 
or  otherwise  extinguished  the  mortgagee's  duplicate  cer- 
tificate shall  be  surrendered  and  stamped  "cancelled". 
The  production  of  the  mortgagee's  duplicate  certificate 
shall  be  conclusive  authority  to  register  the  instrument 
therewith  i)resented,  subject  however  to  all  the  provisions 
and  exceptions  contained  in  section  fifty-six  ©f  this  act 
so  far  as  the  same  are  applicable. 


702 


Acts,  1898.  — Chap.  562. 


Discharge  of 
mortgage. 


ForecloBure  of 
mortgagee. 


ProviBO. 


A  mortgage  on  registered  land  may  be  discharged  by 
the  mortgagee  in  person  on  the  registration  book  in  the 
same  manner  as  a  mortgage  on  unregistered  land  maybe 
discharged  oy  an  entry  on  the  record  book  in  the  registry 
of  deeds,  and  such  discharge  shall  be  attested  by  an  as- 
sistant recorder. 

Section  63.  Mortgages  of  registered  land  may  be 
foreclosed  like  mortgages  of  unregistered  land ;  but  in 
case  of  foreclosure  by  entry  and  possession  the  certificate 
of  entry  required  ])y  section  two  of  chapter  one  hundred 
and  eighty-one  of  the  Public  Statutes  shall  be  filed  and 
registered  by  an  assistant  recorder  within  thirty  days 
after  the  entry,  in  lieu  of  recording.  After  possession 
has  been  obtained  by  the  mortgagee  or  his  assigns,  by 
entry  or  by  action,  and  continued  for  the  time  required 
by  law  to  complete  the  foreclosure,  he  or  his  assigns  may 
petition  the  court  of  registration  for  the  entry  of  a  new 
certificate,  and  the  court,  after  notice  to  all  parties  in 
interest,  shall  have  jurisdiction  to  hear  the  cause,  and 
may  order  the  entry  of  a  new  certificate  on  such  terms 
as  equity  and  justice  may  require. 

In  case  of  foreclosure  by  action  as  provided  in  chapter 
one  hundred  and  eighty-one  of  the  Public  Statutes,  and 
by  exercising  the  power  of  sale  in  the  mortgage  under 
the  direction  of  the  court  as  provided  therein,  a  certified 
copy  of  the  final  decree  of  the  court  confirming  the  sale 
may  be  filed  with  the  assistant  recorder,  after  the  time  for 
appealing  therefrom  has  expired,  and  the  purchaser  shall 
thereupon  be  entitled  to  the  entry  of  a  new  certificate. 

In  case  of  foreclosure  by  exercising  the  power  of  sale 
without  a  previous  decree  of  court  the  affidavit  required 
by  section  eighteen  of  chapter  one  hundred  and  eighty- 
one  of  the  Public  Statutes  shall  be  filed  and  registered 
with  the  assistant  recorder,  in  lieu  of  recording.  The 
purchaser  at  the  foreclosure  sale  or  his  assigns  may  there- 
upon at  any  time  present  the  deed  under  the  power  of  sale 
to  the  assistant  recorder  for  filing  and  registration,  and 
obtain  a  new  certificate,  the  owner's  duplicate  certificate 
and  the  mortgagee's  duplicate,  if  any,  being  first  delivered 
up  and  cancelled  :  provided,  hoivever,  that  nothing  con- 
tained in  this  act  shall  be  construed  to  prevent  the  mort- 
gagor or  other  person  in  interest  from  directly  im))eaching, 
by  bill  in  equity  or  otherwise,  any  foreclosure  proceed- 
ings aflfecting  registered  land,  prior  to  the  entry  of  a  new 
certificate  of  title. 


Acts,  1898.  — Chap.  562.  703 

After  a  new  certificate  of  title  has  been  entered  no 
ju(l<rment  recovered  on  the  mortgage  note  for  any  balance 
due  thereon  shall  operate  to  open  the  foreclosure  or  affect 
the  title  to  reffistered  land. 


LEASES. 

Section  64.  Leases  of  registered  land  for  a  term  of  JtlTffJ^^^''^^''^' 
seven  years  or  more  shall  be  registered,  in  lieu  of  record- 
ing. A  lessee's  duplicate  certificate  may  be  issued  to  the 
lessee  upon  his  request,  subject  to  the  provisions  herein- 
before made  in  regard  to  a  mortgagee's  duplicate  certifi- 
cate, so  far  as  the  same  are  applicable. 


tered  land. 


TRUSTS. 

Section  65.  Whenever  a  deed  or  other  instrument  is  Truetg. 
filed  for  the  purpose  of  transferring  registered  land  in 
trust,  or  upon  any  equitable  condition  or  limitation  ex- 
pressed therein,  or  for  the  purpose  of  creating  or  declaring 
a  trust  or  other  equitalile  interest  in  such  land  without 
transfer,  the  j^articulars  of  the  trust,  condition,  limitation 
or  other  equitable  interest  shall  not  be  entered  on  the  cer- 
tificate ;  but  a  memorandum  thereof  shall  be  entered  by 
the  words  "  in  trust",  or  "  upon  condition",  or  other  apt 
words,  and  by  a  reference  by  number  to  the  instrument 
authorizing  or  creating  the  same.  A  similar  memorandum 
shall  be  made  upon  the  duplicate  certificate.  The  assistant 
recorder  shall  note  upon  the  original  instrument  creating 
or  declaring  the  trust  or  other  equitable  interest  .a  refer- 
ence by  number  to  the  certificate  of  title  to  which  it  re- 
lates, and  to  the  volume  and  page  in  the  registration  book 
where  it  is  registered.  If  the  instrument  creating  or 
declarinof  a  trust  or  other  equitable  interest  is  already 
recorded  in  the  I'egistry  of  deeds  or  of  ))robate  a  certified 
copy  may  be  filed  by  the  assistant  recorder  and  registered. 

Section  66.     If  the  instrument  creating  or  declaring  a  certain  words 
trust  or  other  equitable  interest  contains  an  express  power  1°  in'strume'nt^^ 
to  sell,  mortgage  or  deal  with  the  land  in  an}-  manner,  dedaring°a 
such  power  shall  be  stated  in  the  certificate  of  title  by  the  *'""8'- 
words  "with  power  to  sell",  or  "with  power  to  mort- 
gage ',  and  by  apt  words  of  description  in  case  of  other 
powers.     Xo  instrument  transferring,  mortgaging  or   in 
any  way  dealing  with  registered  land  held  in  trust  shall  be 
registered,  unless  the  power  thereto  enabling  is  expressly 


704 


Acts,  1898.  — Chap.  562. 


New  certificate 
to  issue  iu  case 
new  trustee  is 
appointed. 


Statement  of  an 
implied  or  con- 
structive tru(-t 
must  be  filed. 


Any  trustee 
may  flip  an 
application. 


conferred  in  the  instrument  of  trust,  or  unless  the  decree 
of  a  court  of  competent  jurisdiction  on  a  bill  for  instruc- 
tions or  other  proceeding  has  construed  the  instrument  in 
favor  of  the  power,  in  which  case  a  certified  copy  of  such 
decree  may  be  filed  with  the  assistant  recorder,  and  he 
shall  make  registration  iu  accordance  therewith. 

Section  67.  When  a  new  trustee  of  registered  land 
is  appointed  by  the  supreme  judicial  court  or  the  superior 
or  probate  court,  a  new  certificate  shall  be  entered  to  him 
upon  presentation  to  the  assistant  recorder  of  a  certified 
copy  of  the  decree  and  the  surrender  of  the  duplicate  cer- 
tificate. 

Section  68.  Whoever  claims  an  interest  in  registered 
land  by  reason  of  nny  implied  or  constructive  trust  shall 
file  for  registration  a  statement  thereof  with  the  assistant 
recorder.  The  statement  shall  contain  a  description  of 
the  land,  and  a  reference  to  the  number  of  the  certificate 
of  title  and  the  volume  and  page  of  the  registration  book 
where  it  is  entered.  Such  claim  shall  not  aficct  the  title 
of  a  purchaser  for  value  and  in  good  faith  before  its  regis- 
tration. 

Section  69.  Any  trustee  shall  have  authoritv  to  file 
an  application  for  registration  of  any  land  held  in  trust 
by  him,  unless  expressly  prohibited  by  the  instrument 
creatine  the  trust. 


Same  burdens 
attach  to  regis- 
tered as  to 
unregistered 
land. 


LEGAL    INCIDENTS    OF    REGISTERED    LAND. 

Section  70.  Registered  land,  and  ownership  therein, 
shall  in -all  respects  be  subject  to  the  same  burdens  and 
incidents  which  attach  by  law  to  unregistered  land. 
Nothing  contained  in  this  act  shall  in  any  way  be  con- 
strued to  relieve  registered  land  or  the  owners  thereof 
from  any  rights  incident  to  the  relation  of  husband  and 
wife,  or  from  liability  to  attachment  on  mesne  process  or 
levy  on  execution,  or  from  liability  to  any  lien  of  any 
description  estal>lished  by  law  on  land  and  the  buildings 
thereon,  or  the  interest  of  the  owner  in  such  land  or 
buildings,  or  to  change  the  laws  of  descent,  or  the  rights 
of  partition  between  coparceners  and  other  cotenants,  or 
the  right  to  take  the  same  by  eminent  domain,  or  to  re- 
lieve such  land  from  liability  to  be  recovered  by  an  as- 
signee in  insolvency  under  the  provisions  of  law  relating 
to  preferences,  or  to  change  or  atfect  in  any  way  any  other 


Acts,  1898.  —  Chap.  562.  705 

rights  or  liabilities  created  by  law  and  applicable  to  un- 
reo:istered  land,  except  as  otherwise  expressly  provided  in 
this  act  or  any  amendment  hereof. 

ATTACHMENTS    AND    OTHER    LIENS. 

Section  71.  In  every  case  where  a  writing  of  any  Attachments 
description  or  a  copy  of  any  writ  is  required  by  law  to  be  ""''  °^^^^  ^'®°** 
tiled  or  recorded  in  the  registry  of  deeds  in  order  to  create 
or  preserve  any  lien,  right  or  attachment,  upon  unregis- 
tered land,  such  writing  or  copy  when  intended  to  afiect 
registered  land,  in  lieu  of  recording,  shall  be  filed  and 
registered  in  the  office  of  the  assistant  recorder  for  the 
same  registry  district  in  which  the  land  lies,  and,  in  addi- 
tion to  any  particulars  required  in  such  papers  for  record- 
ing with  records  of  deeds,  shall  also,  except  in  the  case 
of  atkichment  on  mesne  process,  contain  a  reference  to 
the  number  of  the  certificate  of  title  of  the  land  to  be 
affected,  and  the  volume  and  page  of  the  registration  book 
where  the  certificate  is  registered,  and  also,  if  the  attach- 
ment, right  or  lien  is  not  claimed  on  all  the  land  in  any 
certificate  of  title,  a  description  sufficiently  accurate  for 
identification,  of  the  land  intended  to  be  atiected. 

Section  72.      In  every  case   where  an  attachment  or  Notice  to  regis- 
other  lien  or  adverse  claim  of  any  description  is  regis-  muttbr^ven 
tered,  and  the  duplicate  certificate  is  not  presented  at  the  ^afm  is''^^'^** 
time  of  registration  to  the  assistant  recorder,   he  shall  registered. 
within  twenty-four  hours  thereafter  send  notice  by  mail 
to  the  registered  owner,  stating  that  such  paper  has  been 
registered,  and   requesting  him  to  send  or  produce  his 
duplicate  certificate  in  order  that  a  memorandum  of  the 
attachment,  or  other  lien  or  adverse  claim  may  be  made 
thereon.      If  the  owner  neglects  or   refuses  to  comply 
within  a  reasonable  time  the  assistant  recorder  shall  sug- 
gest the  fact  to  the  court,  and  the  court  after  notice  shall 
enter  an  order  to  the  owner  to  produce  his  certificate  at  a 
time  and  place  to  be  named  therein,  and  may  enforce  the 
order  by  suitable  process. 

Section  73.     Attachments  on  mesne  process  and  liens  Attachments  on 
of  every  description  upon  registered   land  shall  be  con-  ^esne  process. 
tinned,  reduced,  discharged  and  dissolved  by  any  method 
sufficient  in  law  to  continue,  reduce,  discharge  or  dissolve 
like  liens  on  unregistered  land.     All  certificates  or  other 
instruments  which  are  permitted  or  required  by  law  to  be 


706 


Acts,  1898.  — Chap.  5(32. 


ProvieionB  of 
law  now  in 
force  to  apply 
to  registered 
land. 


Name  and 
address  of 
attorney  to  be 
indorsed  upon 
writ. 


When  attach- 
ment is  con- 
tinued, etc., 
entry  of  order 
entitled  to 
registration. 


Mechanics' 
liens,  etc. 


recorded  in  the  registry  of  deeds  to  give  effect  to  the  con- 
tinuance, reduction,  discharge  or  dissohition  of  attach- 
ments or  other  liens  upon  unregistered  lands,  or  to  give 
notice  of  such  continuance,  reduction,  discharge  or  dis- 
solution, shall  in  the  case  of  like  liens  upon  registered 
land  be  filed  with  the  assistant  recorder  and  registered  in 
the  registration  book,  in  lieu  of  recording. 

Section  74.  All  the  provisions  of  law  now  in  force 
relating  to  attachments  of  real  estate  and  leasehold  estates 
on  mesne  process  shall  apply  to  registered  land,  except 
that  the  duties  required  to  be  performed  by  the  register 
of  deeds  shall  be  performed  by  the  assi-stant  recorder  for 
the  registry  district  where  the  land  lies,  who,  in  lieu  of 
recording,  shall  register  the  facts  now  required  to  be  re- 
corded, and  for  that  purpose  shall  keep  books  similar  to 
those  now  required  to  be  kept  for  attachments  l)y  registers 
of  deeds,  and  the  fees  for  registering  attachments  shall  be 
the  same  as  are  now  provided  for  recording. 

SECTioisr  75.  The  name  and  address  of  the  plaintiff's 
attorney  shall  in  all  cases  be  indorsed  upon  the  writ,  where 
an  attachment  is  made,  and  he  shall  be  deemed  to  be  the 
attorney  of  the  plaintiff  until  written  notice  that  he  has 
ceased  to  be  such  shall  be  filed  for  registration  by  the 
plaintifi". 

Section  li).  Whenever  an  attachment  on  mesne  proc- 
ess is  continued,  reduced,  dissolved  or  otherwise  aftected 
by  an  order,  decision  or  judgment  of  the  court  in  which 
the  action  or  proceeding  in  which  said  attachment  was 
made  is  pending,  or  by  any  order  of  a  court  of  insolvency, 
a  certificate  of  the  entry  of  such  order,  decision  or  judg- 
ment from  the  clerk  or  register  and  under  the  seal  of  the 
court,  shall  be  entitled  to  be  registered  on  presentation 
to  the  assistant  recorder.  A  like  certificate  of  the  allow- 
ance by  the  court  of  an  amendment  which  a  sulisequent 
attaching  creditor  or  purchaser  contends  had  the  efi'ect  of 
dissolving  an  attachment,  may  be  registered  as  an  amend- 
ment allowed,  but  shall  not  be  conclusive  of  dissolution, 
unless  the  court  in  which  the  action  or  suit  is  pending 
adjudicates  that  the  amendment  dissolved  the  attachment, 
in  which  case  a  certificate  of  the  order,  as  soon  as  it 
becomes  absolute,  shall  be  registered  as  a  dissolution  of 
the  attachment. 

Section  77.  When  a  mechanic's  lien  or  lien  for  labor 
and  materials  is  claimed  upon  registered  and  unregistered 


xVcTs,  1898.  — Chap.  562.  707 

land,  and  the  original  statement  required  by  section  six 
of  chapter  one  hundred  and  ninety-one  of  the  Public 
Statutes  and  amendments  thereof  is  deposited  with  the 
register  of  deeds  and  recorded,  an  attested  copy  of  such 
statement  shall  be  tiled  with  the  assistant  recorder  and 
registered. 

Section  78.  A  lien  of  any  descri})tion  upon  registered  J;'®?te"ed"iiui 
land  shall  be  enforced  in  the  same  manner  as  like  liens  to  be  enforced 
upon  unregistered  land.  Whenever  registered  land  is  set  on  unregistered 
off  or  sold  on  execution  ;  or  taken  or  sold  for  taxes,  or  '''°'^*'  ^"^" 
for  any  assessment ;  or  sold  to  enforce  a  lien  for  labor  or 
materials ;  or  the  lien  of  a  mortgagee  or  cotenant  arising 
from  a  pa^'ment  of  taxes  ;  or  for  an  assessment  under  sec- 
tions eleven  to  thirteen  of  chapter  fifty-one  of  the  Public 
Statutes  or  any  act  in  amendment  thereof;  or  for  costs 
and  charijes  for  takino;  down  dangerous  structures  under 
section  seventeen  of  chapter  four  hundred  and  eighty- 
one  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four  or  any  act  in  amendment  thereof;  or  for  erecting 
fences  along  the  line  of  a  railroad  corporation  under  sec- 
tion one  hundred  and  sixteen  of  chapter  one  hundred  and 
twelve  of  the  Public  Statutes  ;  or  for  improving  meadows 
and  swamps  under  sections  four  to  seven  of  chapter  one 
hundred  and  eighty-nine  of  the  Public  Statutes ;  or  for 
flowing  land  under  section  twenty-two  of  chapter  one 
hundred  and  ninety  of  the  Public  Statutes ;  or  for  any 
costs  and  charges  incident  to  such  liens ;  any  execution, 
or  copy  of  the  execution,  any  officer's  return,  or  any  deed, 
demand,  certificate  or  affidavit  or  other  instrument  made 
in  the  course  of  proceedings  to  enforce  such  liens  and 
required  by  law  to  be  recorded  in  the  registry  of  deeds 
in  the  case  of  unregistered  land,  shall  be  filed  with  the 
assistant  recorder  for  the  district  where  the  land  lies,  and 
registered  in  the  registration  book,  and  a  memorandum 
made  upon  the  proper  certificate  of  title  in  each  case  as 
an  adverse  claim  or  encumbrance. 

Section  7!>.     Upon  the  expiration  of  the  time  allowed  Person  claiming 

•  •  •  1111  1  on  an  execution, 

by  law  for  redemption  after  registered  land  has  been  set  in  caees  of  reg- 
off  or  sold  on  any  execution,  or  taken  or  sold   for  the  may  petition 
enforcement  of  any  lien  of  any  descri})tion,  the   person  certificate"^'^ 
claiming  under  an  execution,  or  under  any  deed  or  other 
instrument  made  in  the  course  of  proceedings  to  levy  such 
execution  or  enforce  any  lien,  may  petition  the  court  for 
the  entry  of  a  new  certificate  to  him,  and  the  application 


708 


Acts,  1898.  — Chap.  562. 


ProviBoe.  may  be  granted  :  provided^  however,  that  every  new  certifi- 

cate entered  under  this  section  shall  contain  a  memoran- 
dum of  the  nature  of  the  proceeding  on  which  it  is  based ; 
and  jjrovided,  further,  that  where  a  now  certificate  is  en- 
tered in  pursuance  of  any  tax  title  such  certificate  shall 
contain  a  memorandum  that  it  is  subject  to  the  rights  of 
redemption  reserved  in  sections  fifty-seven  and  seventy- 
six  of  chapter  three  hundred  and  ninety  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight  or  any  acts  in 
amendment  thereof  or  in  substitution  therefor,  and  2)ro- 
vided,  further,  that  at  any  time  prior  to  the  entry  of  a 
new  certificate  the  registered  owner  may  pursue  all  his 
legal  and  equitable  remedies  to  impeach  or  annul  proceed- 
ings under  executions  or  to  enforce  liens  of  any  descrip- 
tion. 


Suits,  judg- 
ments, etc. 


Certain  certifi- 
cates entitled  to 
registration. 


PENDING   SUITS,    JUDGMENTS,   DECREES    AND    PARTITIONS. 

Section  80.  No  writ  of  entry,  petition  for  partition, 
or  other  action  at  law,  or  any  proceeding  in  equity  afl'ect- 
ing  the  title  to  real  estate  or  the  use  and  occupation 
thereof  or  the  buildings  thereon,  and  no  judgment  or 
decree,  nor  any  writ  of  error,  bill  of  review  or  other  pro- 
ceeding to  vacate  or  reverse  any  judgment  or  decree, 
shall  have  any  effect  upon  registered  land  as  against 
persons  other  than  the  parties  thereto,  unless  a  memo- 
randum like  that  described  in  section  thirteen  of  chapter 
one  hundred  and  twenty-six  of  the  Public  Statutes  and 
amendments  thereof,  containing  also  a  reference  to  the 
number  of  the  certificate  of  title  of  the  land  affected,  and 
the  volume  and  page  of  the  registration  book  where  it  is 
entered,  shall  be  filed  and  registered.  This  section  shall 
not  apply  to  attachments,  levies  of  execution,  or  to  pro- 
ceedings for  the  probate  of  wills,  or  for  administration,  in 
the  probate  court :  provided,  however,  that  in  case  notice 
of  the  pendency  of  the  action  has  been  duly  registered  it 
shall  be  sufficient  to  register  the  judgment  or  decree  in 
such  action  within  sixty  days  after  the  rendition  thereof. 

Section  81.  At  any  time  after  final  judgment  or 
decree  in  favor  of  the  defendant,  or  other  disjjosition  in 
the  manner  specified  in  section  fourteen  of  chapter  one 
hundred  and  twenty-six  of  the  Public  Statutes,  of  any 
case  in  which  a  memorandum  has  been  registered  as  pro- 
vided in  the  preceding  section,  a  certificate  of  the  clerk 


Acts,  1898.  — Chap.  562.  709 

stating  the  manner  of  disposal  thereof,  as  provided  in 
said  section  fouileen,  shall  be  entitled  to  registration. 

Section  S2.     Whenever  in  any  real    action  aflecting  Judgment  for 
registered  land  judgment  is  entered  for  the  plaintiff  or  demandant  in 
demandant,  excejit  in  actions  of  ejectment  and  actions  re^°?eredTand^ 
under  cha))ter  one  hundred  and  seventy-five  of  the  Pub-  entitled  to 

'  .  /•  1  1  registration. 

he  Statutes,  relating  to  terms  of  less  than  seven  years, 
such  judgment  shall  be  entitled  to  registration  on  presen- 
tation of  a  certificate  of  the  entry  thereof  from  the  clerk 
of  the  court  where  the  action  is  pending,  to  the  assistant 
recorder,  who  shall  enter  a  memorandum  upon  the  cer- 
tificate of  title  of  the  laud  to  which  such  judgment  re- 
lates. If  the  judgment  does  not  apply  to  all  the  land 
described  in  the  certificate  of  title  the  certificate  of  the 
clerk  and  the  memorandum  entered  by  the  assistant  re- 
corder shall  contain  a  description  of  the  land  afiected  by 
the  judgment. 

Section  83.     When  in  any  writ  of  entry  an  execution  copy  of  writ  of 
or  writ  of  seizin  has  been  issued  and  served  by  the  officer  med  and  reg- 
lie  shall  cause  an  attested  copy  of  the  execution,  with  a  i^'^red. 
return  of  his  doings  thereon,  to  be  filed  and  registered 
within  three  months  after  the  service  and  before  the  re- 
turn of  the  execution  into  the  clerk's  office,  and  the  de- 
mandant, in  case  the  judgment  was  that  he  was  entitled 
to  an  estate  in  fee  simple  in  the  demanded  premises,  or 
in  any  part  thereof,  and  for  which  execution  issued,  shall 
thereupon  be  entitled  to  the  entry  of  a  new  certificate  of 
title  :  provided,  that  in  informations  under  chapter  one  Proviso. 
hundred  and  eighty-two  of  the  Public  Statutes  the  Com- 
monwealth shall  be  entitled  to  have  the  certificate  of  the 
registered  owner  cancelled  by  the  court  of  registration 
as  soon  as  judgment  is  rendered  in  its  favor. 

Section  84.     When  in  a  writ  of  dower  judijment  is  when  judgment 

.  1  /.         •         J 1  _/.      I*  J.1  .       :         ■-  I         is  entered  in  a 

entered  confirming  the  report  ot  the  commissioners  under  writ  of  dower, 
section  seven  of  chapter  one  hundred  and  seventy-four  regV8tlr"ed^aB^an 
of  the  Public  Statutes,  or  when  in  a  writ  of  waste  judg-  encumbrance. 
ment  is  entered  that  the  plaintiff"  recover  the  place  wasted, 
a  certificate  of  the  entry  of  such  judgment  may  be  reg- 
istered as  an  encumbrance. 

Section  s.').     Any  decree  of  a  court  of  equity  affecting  Decree  affecting 
title  or  rights  in  registered  land,  whether  made  in  the  'e^stemi'iand 
exercise  of  general  equity  jurisdiction,  or  in  the  exercise  "tered^etl 
of  jurisdiction  conferred  by  statute  for  the  quieting  of 
titles  or  removing  clouds  from  titles,  as  in  chapter  two 


710  Acts,  1898.  — Chap.  562. 

hundred  and  thirty-seven  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-two,  chapter  two  hundred  and  eighty- 
three  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
five,  chapter  four  hundred  and  forty-two  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-nine,  and  chapter 
three  hundred  and  forty  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three,  or  for  any  similar  purpose, 
may  be  registered  in  the  same  manner  as  a  judgment  at 
law.  But  every  court  of  equity  passing  such  a  decree 
shall,  upon  application  of  the  plaintift'or  petitioner,  order 
any  parties  before  it  to  execute  for  registration  an>'  deed 
or  instrument  necessary  to  give  effect  to  its  decree,  and 
may  require  the  registered  owner  to  deliver  his  duplicate 
certificate  to  the  plaintiff  or  petitioner  to  be  cancelled  or 
to  have  a  memorandum  entered  upon  it  by  the  assistant 
recorder.  In  case  the  person  required  to  execute  any 
deed  or  other  instrument  necessary  to  give  eflect  to  the 
decree  is  absent  from  the  Commonwealth,  or  is  a  minor, 
or  insane,  or  for  any  reason  not  amenable  to  the  process 
of  the  court,  the  court  may  appoint  some  suitable  person 
a  trustee  to  execute  such  instrument,  and  the  same  when 
executed  shall  be  registered  and  shall  have  full  force  and 
effect  to  bind  the  land  to  be  affected  thereby. 
panukfnT  ^°'  Section  86.  In  all  proceedings  for  partition  of  reg- 
regi8tered  land,  istercd  land,  or  for  the  assignment  in  fee  of  registered 
land  claimed  by  husband  or  wife  by  statutory  right,  after 
the  entry  of  the  final  judgment  or  decree  of  partition 
and  the  acceptance  of  the  report  of  the  commissioners, 
a  copy  of  the  judgment  or  decree  and  of  the  return  of 
the  commissioners,  certified  hy  the  clerk  or  register,  as 
the  case  may  be,  shall  be  filed  and  registered;  and  there- 
upon, in  case  the  land  is  set  off  to  the  owners  in  severalty, 
any  owner  shall  be  entitled  to  have  a  certificate  entered 
of  the  share  set  ofi'  to  him  in  severalty,  and  to  receive 
an  owner's  duplicate  therefor.  In  case  the  land  is  ordered 
by  the  court  to  be  sold  the  jiurchaser  or  his  assigns  shall 
be  entitled  to  have  a  certificate  of  title  entered  to  him 
or  them  on  presenting  the  deed  of  the  commissioners  for 
Proviso.  registration  :  provided,  however,  that  any  new  certificate 

entered  in  pursuance  of  partition  proceedings,  whether 
by  way  of  set-off  or  of  sale,  shall  contain  a  reference  to 
the  final  judgment  or  decree  of  partition,  and  shall  be 
conclusive  as  to  the  title  to  the  same  extent  and  against 
the  same  persons  as  such  judgment  or  decree  is  made 


Acts,  1898.  — Chap.  562.  711 

conclusive  by  the  statutes  applicable  thereto  ;  and  pro-  Proviso. 
vided,  also,  that  any  person  holding'  such  certificate  of 
title  or  a  transfer  tlieroof  shall  have  the  right  to  petition 
the  court  at  any  time  to  cancel  the  memorandum  relating 
to  such  judgment  or  decree,  and  the  court,  after  notice 
and  hearing,  may  grant  the  application.  Such  certificate 
shall  thereafter  be  conclusive  in  the  same  manner  and  to 
the  same  extent  as  other  certificates  of  title. 

Section  87.     When  a  certified  copy  of  a  judgment  or  when  judgment 
decree  for  partition  and  of  the  return  of  the  commis-  panmoifis"'^ 
sioners  is  presented  for  registration,  if  a  mortgage  or  f/nant claiming 
lease  affecting  a  specific  portion  or  an  undivided  share  under  mort- 

•        1  •ii'ii  •  11        g^SOTi  etc., 

ot    the   premises   had   previously    been   registered,    the  shaii  cause 
tenant   claiming   under   the   mortgagor   or   lessor    shall  to  be  presented 
cause  the  mortgage  or  lease  and  any  duplicate  certificate  ^"^  registration. 
of  title  issued  to  the  mortgagee  or  lessee  to   be  again 
presented   for   registration,   and   the   assistant  recorder 
shall  indorse  on  each  a  memorandum  of  such  partition, 
with  a  description  of  the  land  set   off  in  severalty  on 
which  such  mortgage  or  lease  remains  in  force.     Such 
tenant  shall  not  be  entitled  to  receive  his  own  duplicate 
certificate  of  title  until  such  mortgage  or  lease  has  been 
so  presented  for  registration. 


INSOLVENCY. 

Section  88.     It  shall  be  the  duty  of  the  messenger  to  insolvency. 
register  notice  of  the  issuing  of  a  warrant  in  insolvency 
against  a  debtor  who  is  an  owner  of  registered  land, 
when  the  same  is  committed  to  him,  by  filing  a  copy 
thereof  with  the  assistant  recorder. 

An  assignee  in  insolvency  shall  be  entitled  to  the  entry  Assignee  in 
of  a  new  certificate  of  registered  land  of  the  debtor  upon  '''^"^^^"•^y- 
presenting  and  filing  a  certified  copy  of  the  assignment, 
with  the  insolvent's  duplicate  certificate  of  title  ;  but  the 
new  certificate  shall    state  that  it  is  entered  to  him  as 
assignee  in  insolvency. 

Section  89.  Whenever  proceedings  in  insolvency  Proceedings  in 
against  a  registered  owner  of  which  notice  has  been  Lgl^n'wegis- 
reg^stered  are  vacated  bv  decree,  or  when  the  court  of 
insolvency  grants  a  discharge  and  orders  a  reconveyance 
of  land  to  an  insolvent  del)tor  in  proceedings  under  chap- 
ter two  hundred  and  thirty-six  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four  and  acts  in  amendment 


tered  owner. 


712 


Acts,  1898.  — Chap.  562. 


thereof,  a  certified  copy  of  the  decree,  or  of  such  dis- 
charge and  order,  may  be  filed  and  registered.  If  a  new 
certificate  has  been  entered  to  the  assignee  in  insolvency 
as  registered  owner  the  debtor  shall  be  entitled  to  the 
entry  of  a  new  certificate  to  him,  and  the  certificate  of 
the  assignee  shall  be  surrendered. 


Deecription  to 
be  filed  when 
land  of  a  reg- 
istered owner 
is  taken  by 
eminent 
domain,  etc. 


Court  may 
order  entry  of 
new  certificate 
of  title  in  cer- 
tain cases. 


EMINENT    DOMAIN. 

Section  90.  Whenever  any  land  of  a  registered 
owner,  or  any  right  or  interest  therein,  is  taken  by 
eminent  domain,  the  Commonwealth  or  body  politic  or 
corporate  or  other  authority  exercising  such  right  shall 
file  for  registration  in  the  proper  registry  district  a  de- 
scription of  the  registered  land  so  taken,  giving  the  name 
of  each  owner  thereof,  referring  by  number  and  place 
of  registration  in  the  registration  book  to  each  certifi- 
cate  of  title,  and  stating  what  estate  or  interest  m  the 
land  is  taken,  and  for  what  purpose.  A  memorandum 
of  the  right  or  interest  taken  shall  be  made  on  each  cer- 
tificate of  title  by  the  assistant  recorder,  and  where  the 
fee  simple  is  taken  a  new  certificate  shall  be  entered  to 
the  owner  for  the  land  remaining  to  him  after  such  tak- 
ing. In  any  case  where  the  owner  has  a  lien  upon  the 
land  taken  for  his  damages  it  shall  be  so  stated  in  the 
memorandum  of  registration.  All  fees  on  account  of 
any  memorandum  of  registration  or  entry  of  new  certifi- 
cates shall  be  paid  by  the  Commonwealth  or  body  politic 
or  corporate  or  other  authority  taking  the  land. 

Section  91.  When  for  any  reason,  by  operation  of 
law,  land  which  was  taken  for  a  public  use  reverts  to  the 
owner  from  whom  it  was  taken  or  to  his  heirs  or  assigns, 
the  court  upon  the  petition  of  the  person  entitled  to  the 
benefit  of  the  reversion,  after  notice  and  hearing,  may 
order  the  entry  of  a  new  certificate  of  title  to  him. 


Transfer  by 
deecent,  etc. 


TRANSFER    BY    DESCENT    AND    DEVISE. 

Section  92.  Upon  the  death  of  a  registered  owner 
his  heirs  at  law  or  devisees  on  the  expiration  of  thirty 
days  after  the  entry  of  a  decree  of  the  probate  court 
granting  letters  testamentary  or  of  administration,  or  in 
case  of  an  appeal  from  such  decree,  at  any  time  after  the 
entry  of  a  final  decree,  may  file  a  certified  copy  of  the 
final  decree  of  the  probate  court  and  of  the  will,  if  any, 


Acts,  1808.  — Chap.  562.  713 

with  the  assistant  recorder,  and  make  application  for  the  Transfer  by 
entry  of  a  new  certificate.  The  court  shall  issue  notice 
to  the  executor  and  administrator  and  all  other  persons 
in  interest,  and  may  also  give  notice  by  publication  in 
such  newspaper  or  newspapers  as  it  may  deem  proper, 
to  all  whom  it  may  concern,  and  after  hearing  may  direct 
the  entry  of  a  new  certificate  or  certificates  to  the  person 
or  persons  entitled  as  heirs  or  devisees.  Any  new  cer- 
tificate so  entered  l)eforc  the  final  settlement  of  the  estate 
of  the  deceased  owner  in  the  probate  court  shall  state 
expressly  that  it  is  entered  by  transfer  from  the  last  cer- 
tificate by  descent  or  devise,  and  that  the  estate  is  in 
process  of  settlement.  After  the  final  settlement  of  the 
estate  in  the  probate  court,  or  after  the  expiration  of  the 
time  allowed  by  law  for  bringing  an  action  against  an 
executor  or  administrator  by  creditors  of  the  deceased, 
the  heirs  at  law  or  devisees  may  petition  the  court  for 
an  order  to  cancel  the  memorandum  upon  their  certificate, 
stating  that  the  estate  is  in  course  of  settlement,  and  the 
court,  after  notice  and  hearing,  may  grant  the  petition : 
provided^  however^  that  the  liability  of  heirs  or  devisees  Proviso. 
of  registered  land  for  claims  against  the  estate  of  the 
deceased  shall  not  in  any  way  be  diminished  or  changed. 

Section  93.  Nothing  contained  in  this  act  shall  in  any  Jurisdiction  of 
way  affect  or  impair  the  jurisdiction  of  the  probate  court  Eot  affec'ted! 
to  license  an  executor  or  administrator  or  guardian  to 
sell  or  mortgage  registered  land  for  any  purpose  for 
which  a  license  may  be  granted  in  the  case  of  unreg- 
istered land.  The  purchaser  or  mortgagee  taking  a  deed 
executed  in  pursuance  of  such  license  shall  be  entitled 
to  a  new  certificate  of  title,  or  memorandum  of  registra- 
tion, on  presenting  his  deed  to  the  assistant  recorder. 

ASSURANCE   FUND. 

Section  94.  Upon  the  original  registration  of  land  f^^Y.^"^"^ 
under  this  act,  and  also  upon  the  entry  of  a  certificate 
showing  title  as  registered  owners  in  heirs  or  devisees, 
there  shall  be  paid  to  the  recorder  one  tenth  of  one  per 
cent,  of  the  assessed  value  of  the  real  estate,  on  the  basis 
of  the  last  assessment  for  municipal  taxation,  as  an  as- 
surance fund. 

Section  95.  All  money  received  by  the  recorder  under  Treasurer  of 
the  preceding  section  shall  be  paid  to  the  treasurer  of  the  wlaitH^br 
Commonwealth.     He  shall  keep  the  same  invested,  with  assiraJTce f und. 


714 


Acts,  1898.  — Chap.  562. 


Persons  sua- 
taining  loss, 
etc.,  through 
fraud,  etc., 
may  prosecute 
an  nctioD  of 
contract. 


Provisos. 


Action  to  be 
brought  agaiiiHt 
treasurer  of  the 
Common- 
wealth. 


In  certain  cases 
action  may  be 
brought  both 
against  treas. 
urer  and  otlier 
person*  as  joint 
defendants. 


the  advice  and  approval  of  the  governor  and  council ,  and 
.shall  report  annually  to  the  general  court  the  condition 
and  income  thereof. 

Section  96.  Any  person  who  without  negligence  on 
his  part  sustains  loss  or  damage,  or  is  deprived  of  land 
or  of  any  estate  or  interest  therein  after  the  original  reg- 
istration of  land  under  this  act,  by  the  registration  of 
any  other  person  as  owner  of  such  land  or  of  any  estate 
or  interest  therein,  through  fraud  or  in  consequence  of 
any  error,  omission,  mistake  or  misdescription  in  any 
certificate  of  title  or  in  any  entry  or  memorandum  in 
the  registration  book,  may  })ring  and  prosecute  an  action 
of  contract  in  the  superior  court  for  the  recovery  of  com- 
pensation for  such  loss  or  damage  or  for  such  land  or 
estate  or  interest  therein  from  the  assurance  fund  :  pro- 
vided, hoivever,  that  where  the  person  deprived  of  land 
or  of  any  estate  or  interest  therein  in  the  manner  above 
stated  has  right  of  action  or  other  remedy  for  the  re- 
covery of  the  land  or  of  the  estate  or  interest  therein, 
he  shall  exhaust  such  right  of  action  or  other  remedy 
before  resorting  to  the  action  of  contract  herein  pro- 
vided ;  and  provided,  further,  that  nothing  in  this  act 
shall  be  construed  to  deprive  the  plaintiff  of  any  action 
of  tort  which  he  may  have  against  any  person  for  such 
loss  or  damage,  or  deprivation  of  land  or  of  any  estate 
or  interest  therein.  But  if  the  plaintiff  elects  to  pursue 
his  remedy  in  tort,  and  also  brings  an  action  of  contract 
under  this  act,  the  action  of  contract  shall  be  continued 
to  await  the  result  of  the  action  of  tort. 

Section  97.  If  such  action  of  contract  is  brought  to 
recover  for  loss  or  damage  or  for  deprivation  of  land  or 
of  any  estate  or  interest  therein,  arising  wholly  through 
any  fraud,  negligence,  omission,  mistake  or  misfeasance 
of  the  recorder,  assistant  recorder  or  of  any  of  the  ex- 
aminers of  title,  in  the  performance  of  executive  or  min- 
isterial duties,  or  of  any  of  the  assistants  or  clerks  of 
the  recorder,  in  the  performance  of  their  respective  duties, 
then  the  action  shall  be  broujjht  against  the  treasurer  of 
the  Commonwealth  as  sole  defendant. 

If  such  action  is  brought  to  recover  for  loss  or  damage 
or  deprivation  of  land  or  of  any  estate  or  interest  therein 
arising  wholly  through  any  fraud,  negligence,  omission, 
mistake  or  misfeasance  of  some  person  or  persons  other 
than  the  recorder,  assistant  recorder  or  the  other  officers 


Acts,  1898.  —  Chap.  562.  ,  715 

and  assistants  above-named,  or  arising  jointly  through 
the  fraud,  negligence,  omission,  mistake  or  misfeasance 
of  such  other  person  and  the  recorder,  assistant  recorder 
or  other  officers  and  assistants  above-named,  then  such 
action  shall  be  brought  against  both  the  treasurer  of  the 
Commonwealth  and  such  other  person  or  persons,  as 
joint  defendants. 

Section  98.  Where  there  are  defendants  other  than  issue  of  execu- 
the  treasurer  of  the  Commonwealth,  and  where  judgment  ciefludanls! 
is  entered  for  the  plaintiff  against  the  treasurer  and  against 
some  or  all  of  the  other  defendants,  execution  shall 
issue  against  the  other  defendants  and  be  levied  upon 
them.  If  the  execution  is  returned  unsatisfied  in  whole 
or  in  part,  and  the  officer  returning  the  same  certifies 
that  the  amount  due  cannot  be  collected  from  the  lands 
or  goods  of  such  other  defendants,  a  justice  of  the  supe- 
rior court  shall  direct  the  clerk  to  certify  to  the  governor 
the  amount  due  on  the  execution,  and  the  governor  shall 
draw  his  warrant  therefor  upon  the  treasurer  of  the 
Commonwealth,  and  the  treasurer  shall  pay  the  amount 
out  of  the  assurance  fund,  without  any  further  act  or 
resolve  making  an  ai)propriation  therefor. 

When  in  such  action  judgment  for  any  reason  cannot  ^""^^  subject 
be  entered  against  all  or  any  of  the  other  defendants  it 
may  be  entered  against  the  treasurer  alone  or  against  the 
treas^urer  and  such  of  the  other  defendants  as  are  found 
to  be  liable,  and  against  whom  judgment  can  lawfully  be 
entered.  Whenever  judgment  is  entered  against  the 
treasurer  of  the  Commonwealth  alone,  whether  in  a  case 
where  he  is  sole  defendant  or  joint  defendant  with  others, 
the  justice  of  the  superior  court  before  w^hom  the  action 
is  tried  shall  direct  the  clerk  to  transmit  to  the  governor 
a  certificate  of  the  entry  of  judgment  and  of  the  amount 
due,  and  the  treasurer  shall  pay  the  same  upon  the  war- 
rant of  the  governor,  as  above  provided. 

Section  i)i).     If  the  assurance  fund  at  anv  time  is  not  ^"''T^^^'i'":.^* 

,  ^  ancc  tuna  is  not 

sufficient  to  meet  the  amount  called  for  ))y  such  warrant  suQicieut  treas- 
of  the  governor  the  treasurer  shall  make  up  the  deficiency  deUciency. 
from  any  funds  in  the  treasury  not  otherwise  appropri- 
ated ;  and  in  such  case  any  sums  thereafter  received  by 
the  treasurer  on  account  of  the  assurance  fund  shall  be 
transferred  to  the  general  funds  of  the  treasury,  until  the 
amount  jiaid  on  account  of  the  deficiency  shall  have  been 
made  uj). 


716 


Acts,  1898.  — Chap.  562. 


Rigfate  of  plain- 
tiff againet 
other  parties, 
etc. 


Income  of  iu- 
furance  fund  to 
be  added  to 
principal  until, 
etc. 


AeBurancc  fund 
not  liable  in 
certain  caees. 


Actions  of  con- 
tract to  be 
begun  within 
six  years. 


ProvieoB. 


Section  100.  In  every  case  where  payment  has  been 
made  by  the  treasurer  of  the  Commonwealth  under  war- 
rant from  the  governor  the  Commonweahh  shall  be  sub- 
rogated to  all  rights  of  the  plaintiff  against  any  other 
parties  or  securities,  and  the  treasurer  shall  enforce  the 
same  in  behalf  of  the  Commonwealth.  Any  sums  so 
recovered  by  the  treasurer  shall  be  paid  into  the  treasury 
of  the  Commonwealth  to  the  account  of  the  assurance  fund. 

Section  101.  The  income  of  the  assurance  fund  shall 
be  added  to  the  principal  and  invested,  until  said  fund 
amounts  to  the  sum  of  two  hundred  thousand  dollars, 
and  thereafter  the  income  of  such  fund  shall  be  used  to 
defray,  as  far  as  may  be,  the  expenses  of  the  administra- 
tion of  this  act,  instead  of  being  added  to  the  fund  and 
accumulated. 

Section  102.  The  assurance  fund  shall  not  be  liable 
to  pay  for  any  loss,  damage  or  deprivation  occasioned 
by  a  breach  of  trust,  whether  express,  implied  or  con- 
structive, by  any  registered  owner  who  is  a  trustee,  or 
by  the  improper  exercise  of  any  power  of  sale  in  a  mort- 
gage. Nor  shall  any  plaintiff  recover  as  compensation 
in  an  action  of  contract  under  this  act  more  than  the  fair 
market  value  of  the  real  estate  at  the  time  of  the  last 
payment  to  the  assurance  fund  on  account  of  the  same 
real  estate. 

Section  103.  All  actions  of  contract  for  compensation 
under  this  act  by  reason  of  any  loss  or  damage  or  depri- 
vation of  land  or  any  estate  or  interest  therein  shall  be 
begun  within  the  period  of  six  years  from  the  time  when 
the  cause  of  action  accrued,  and  not  afterwards  :  providedy 
however,  that  the  plaintiff  in  an  action  for  the  recovery 
of  the  land  or  estate  or  interest  therein  in  accordance 
with  section  ninety-seven  of  this  act  may  bring  the  action 
of  contract  for  compensation  within  one  year  after  the 
termination  of  such  action  ;  and  provided,  further,  that 
the  action  of  contract  herein  provided  shall  survive  to 
the  personal  representative  of  the  registered  owner,  unless 
barred  in  his  lifetime,  but  the  proceeds  thereof  shall  be 
treated  as  real  estate. 


Powers  of 
attorney. 


POWERS    OF    ATTORNEY 


Section  104.  Any  person  may  by  attorney  procure 
land  to  be  registered  and  convey  or  otherwise  deal  with 
registered  land,  but  the  letters  of  attorney  shall  be  ac- 


Acts,  1898.  — Chap.  562.  717 

kuowledfi^ed  and  filed  with  the  recorder  or  the  assistant 
recorder  of  the  proper  registry  district,  and  registered. 
Any  instrument  revoking  such  letters  shall  be  acknowl- 
edged and  registered  in  like  manner. 

LOST   DUPLICATE    CERTIFICATES. 

Section  105.  If  a  duj)licate  certificate  is  lost  or  Lost  duplicate 
destroyed,  or  cannot  be  produced  by  a  grantee,  heir,  ^^^•'^<=^*««' 
devisee,  assignee  or  other  person,  applying  for  the  entry 
of  a  new  certificate  to  him  or  for  the  registration  of  any 
instrument,  a  suggestion  of  the  fact  of  such  loss  or  de- 
struction may  be  tiled  by  the  registered  owner  or  other 
j)erson  in  interest,  and  registered.  The  court  may  there- 
upon, upon  the  petition  of  the  registered  owner  or  other 
person  in  interest,  after  notice  and  hearing,  direct  the 
issue  of  a  new  duplicate  certificate,  which  shall  contain  a 
memorandum  of  the  fact  that  it  is  issued  in  place  of  a  lost 
duplicate  certificate,  but  shall  in  all  respects  be  entitled 
to  like  faith  and  credit  as  the  original  duplicate,  and  shall 
thereafter  be  regarded  as  the  original  duplicate  for  all  the 
purposes  of  this  act. 

ADVERSE    CLAIMS. 

Section  10(5.  Whoever  claims  any  right  or  interest  Adverse  claims, 
in  registered  land  adverse  to  the  registered  owner  arising 
subsequent  to  the  date  of  original  registration  may,  if 
no  other  provision  is  made  in  this  act  for  registering  the 
same,  make  a  statement  in  writing  setting  forth  fully  his 
alleged  right  or  interest,  and  how  or  under  whom  ac- 
(juired,  and  a  reference  to  the  volume  and  page  of  the 
certificate  of  title  of  the  registered  owner,  and  a  descrip- 
tion of  the  land  in  which  the  right  or  interest  is  claimed. 
The  statement  shall  be  signed  and  sworn  to,  and  shall 
state  the  adverse  claimant's  residence,  and  designate  a 
place  at  which  all  notices  may  be  served  upon  him.  This 
statement  shall  })e  entitled  to  registration  as  an  adverse 
claim,  and  the  court,  upon  the  petition  of  any  party  in 
interest,  shall  grant  a  speedy  hearing  upon  the  question 
of  the  validity  of  such  adverse  claim,  and  shall  enter  such 
decree  thereon  as  justice  and  equity  may  require.  If  the 
claim  is  adjudged  to  be  invalid  the  registration  shall  be 
cancelled.  If  in  any  case  the  court  after  notice  and 
hearing  shall  find  that  a  claim  thus  resristered  was  frivo- 


718 


Acts,  1898.  — Chap.  562. 


lous  or  vexatious  it  may  tax  the  adverse  claimant  double 
costs. 


Surrender  of 

duplicate 

certificates. 


Court  may 
annul  duplicate 
certificate  in 
certain  caseB. 


Proceedings  in 
case  certificate 
ie  not  produced, 
etc. 


SUREENDER    OF   DUPLICATE    CERTIFICATES. 

Section  107.  In  every  case  where  the  recorder  or 
any  assistant  recorder  is  requested  to  enter  a  new  cer- 
tificate in  pursuance  of  an  instrument  purporting  to  be 
executed  by  the  registered  owner,  or  by  reason  of  any 
instrument  or  proceedings  which  divest  the  title  of  the 
registered  owner  against  his  consent,  if  the  outstanding 
owner's  duplicate  certificate  is  not  presented  for  cancella- 
tion when  such  request  is  made,  the  recorder  or  assistant 
recorder  shall  not  enter  a  new  certificate,  but  the  person 
claiming  to  be  entitled  thereto  may  apply  by  petition  to 
the  court.  The  court,  after  a  hearing,  may  order  the  reg- 
istered owner  or  any  person  withholding  the  duplicate 
certificate  to  surrender  the  same,  and  direct  the  entry  of 
a  new  certificate  upon  such  surrender. 

If  in  any  case  the  person  withholding  the  duplicate 
certificate  is  not  amenable  to  the  process  of  the  court, 
or  if  for  any  reason  the  outstanding  owner's  duplicate 
certificate  cannot  be  delivered  up,  the  court  may  by 
decree  annul  the  same,  and  order  a  new  certificate  of 
title  to  be  entered.  Such  new  certificate  and  all  dupli- 
cates thereof  shall  contain  a  memorandum  of  the  annul- 
ment of  the  outstanding  duplicate. 

If  in  any  case  an  outstanding  mortgagee's  or  lessee's 
duplicate  certificate  is  not  produced  and  surrendered 
when  the  mortgage  is  discharged  or  extinguished  or  the 
lease  is  terminated,  like  proceedings  may  be  had  to  ob- 
tain registration  as  in  the  case  of  the  non-production  of 
an  owner's  duplicate. 


Amendment 
and  alteration 
of  cer 
title. 


amekdment  and  alteration  of  certificates  of  title. 

Section  108.  No  erasure,  alteration  or  amendment 
tS'e"of  shall  be  made  upon  the  registration  book  after  the  entry 
of  a  certificate  of  title  or  of  a  memorandum  thereon  and 
the  attestation  of  the  same  by  the  recorder  or  an  assist- 
ant recorder,  except  by  order  of  the  court.  Any  regis- 
tered owner  or  other  person  in  interest  may  at  any  time 
apply  by  petition  to  the  court,  upon  the  ground  that 
registered  interests  of  any  description,  whether  vested, 
contingent,  expectant  or  inchoate,  have  terminated  and 


Acts,  1898.  — Chap.  562.  719 

ceased  ;  or  that  new  interests  have  arisen  or  been  created 
which  do  not  appear  upon  the  certificate  ;  or  that  any 
error,  omission  or  mistake  was  made  in  entering  a  cer- 
tificate or  any  memorandum  thereon,  or  on  any  dupli- 
cate certificate  ;  or  that  the  name  of  any  person  on  the 
certificate  has  been  changed  ;  or  that  the  registered  owner 
has  been  married,  or  if  registered  as  married  that  the 
marriage  has  been  terminated :  or  that  a  corporation 
which  owned  registered  land  and  has  been  dissolved  has 
not  conveyed  the  same  within  three  years  after  its  disso- 
lution ;  or  upon  any  other  reasonable  ground  ;  and  the 
court  shall  have  jurisdiction  to  hear  and  determine  the 
petition  after  notice  to  all  parties  in  interest,  and  may 
order  the  entry  of  a  new  certificate,  the  entry  or  cancel- 
lation of  a  memorandum  upon  a  certificate,  or  grant  any 
other  relief  upon  such  terms  and  conditions,  requiring 
security  if  necessary,  as  it  may  deem  proper :  jJ^'ovided,  Proviso. 
hoivever,  that  this  section  shall  not  be  construed  to  give 
the  court  authority  to  open  the  original  decree  of  regis- 
tration, and  that  nothing  shall  be  done  or  ordered  by  the 
court  which  shall  impair  the  title  or  other  interest  of  a 
purchaser  holding  a  certificate  for  value  and  in  good 
faith,  or  his  heirs  or  assigns,  without  his  or  their  writ- 
ten consent. 

Any  petition  filed  under  this  section  and  all  petitions  Filing  of  peti- 
and  motions  filed  under  the  provisions  of  this  act  after  '°°^' 
original    registration    shall   be   filed  and  entitled  in  the 
orijjinal  case  in  which   the    decree    of  registration   was 
entered. 

SERVICE    OF    NOTICES    AFTER    REGISTRATION. 

Section  109.  All  notices  required  by  or  given  in  services  of 
pursuance  of  the  provisions  of  this  act  by  the  recorder 
or  any  assistant  recorder,  after  original  registration,  shall 
be  sent  by  mail  to  the  person  to  be  notified  at  his  resi- 
dence and  post  office  address  as  stated  in  the  certificate 
of  title,  or  in  any  registered  instrument  under  which  he 
claims  an  interest,  in  the  office  of  the  recorder  or  assist- 
ant recorder,  relating  to  the  ])arcel  of  land  in  question. 

All  notices  and  citations  directed  by  special  order  of 
the  court  under  the  provisions  of  this  act,  after  original 
registration,  ma}"  be  served  in  the  manner  above  stated, 
and  the  certificate  of  the  recorder   shall   be  conclusive 


720  Acts,  1808.  — Chap.  562. 

Proviso.  proof  of  such  service  :  provided,  Jioivevevy  that  the  court 

may  in  any  case  order  different   or  further  service,  by 
publication  or  otherwise. 

FEES    FOR    REGISTRATION. 

^««*-  Section  110.     The  fees  payable  under  this  act  shall 

be  as  follows  : 

For  every  application  to  bring  land  under  this  act, 
including  indexing  and  recording  the  same,  and  trans- 
mitting to  recorder,  when  filed  with  assistant  recorder, 
three  dollars. 

For  every  plan  filed,  seventy-five  cents. 

For  indexing  an  instrument  recorded  while  application 
for  registration  is  pending,  twenty-five  cents. 

For  examining  title,  five  dollars,  and  one  tenth  of  one 
per  cent,  of  the  value  of  the  land. 

For  each  notice  by  mail,  twenty-five  cents,  and  the 
actual  cost  of  printing. 

For  all  services  by  a  sheriff  under  this  act,  the  same 
fees  as  are  now  provided  by  law  for  like  services. 

For  each  notice  by  pul)lication,  twenty-five  cents,  and 
the  actual  cost  of  publication. 

For  entry  of  order  dismissing  application,  or  decree 
of  registration,  and  sending  memorandum  to  assistant 
recorder,  one  dollar. 

For  copy  of  decree  of  registration,  one  dollar. 

For  entry  of  original  certificate  of  title  and  issuing 
one  duplicate  certificate,  three  dollars. 

For  making  and  entering  a  new  certificate  of  title  in- 
cluding issue  of  one  duplicate  certificate,  one  dollar. 

For  each  additional  duplicate  certificate,  after  the  first, 
fifty  cents. 

For  the  registration  of  every  instrument,  whether  single 
or  in  duplicate  or  triplicate,  including  entering,  indexing 
and  filing:  same  and  attesting;  re<2:i8tration  thereof,  and 
also  making  and  attesting  copy  of  memorandum  on  one 
instrument  or  on  a  duplicate  certificate  when  required, 
one  dollar  and  fifty  cents. 

For  making  and  attesting  copy  of  memorandum  on 
each  additional  instrument  or  duplicate  certificate  if  re- 
quired, fifty  cents. 

For  filing  and  registering  an  adverse  claim,  three 
dollars. 


Acts,  1898.  — Chap.  562.  721 

For  entering  statement  of  change  of  residence  or  post- 
office  address,  including  indorsing  and  attesting  same  on 
a  duplicate  certificate,  twenty-five  cents. 

For  entering  any  note  in  tlie  entry  book  or  in  the  reg- 
istration Iwok,  twenty-five  cents. 

For  the  reaistration  of  a  suo^o-estion  of  death  or  notice 
of  issue  of  a  warrant  in  insolvency,  twenty-five  cents. 

For  the  registration  of  a  discharge  or  release  of  mort- 
gage or  other  instrument  creating  an  encumbrance,  fifty 
cents. 

For  the  registration  of  a  memorandum  or  certificate 
of  entry  for  possession  or  deposition  in  proof  thereof, 
fifty  cents. 

For  the  registration  of  any  levy,  or  of  any  discharge 
or  dissolution  of  any  attachment  or  levy,  or  of  any  cer- 
tificate of  or  receipt  for  payment  of  taxes,  or  of  any 
mechanic's  lien  or  lien  for  labor  or  materials,  or  notice 
of  any  pending  action  or  of  a  judgment  or  decree,  fifty 
cents. 

For  indorsing  on  any  mortgage,  lease  or  other  instru- 
ment a  memorandum  of  partition,  one  dollar. 

For  every  petition  filed  under  this  act  after  original 
registration,  one  dollar. 

For  a  certified  copy  of  any  decree  or  registered  instru- 
ment, the  same  fees  as  are  provided  by  law  for  registers 
of  deeds. 

In  all  cases  not  expressly  provided  for  by  law  the  fees 
of  all  public  officers  for  any  official  duty  or  service  un- 
der this  act  shall  be  at  the  same  rate  as  those  prescribed 
herein  for  like  services. 

PENALTIES. 

Section  111.     Certificates  of  title  and  duplicate  cer- certificates  of 
tificates  issued  under  this  act  shall  be  subjects  of  larceny.  Bublectsof** 
Section  112.     AYhoever  knowinijly  swears  falsely  to  J^'"'=*^°y- 

"'^  111-      Person  swear- 

any  statement  required  to  be  made  under  oath  by  this  iugfaiseiy 

act  shall  be  guilty  of  perjury,  and  liable  to  the  statutory  fury?  °  ^^^' 
penalties  for  perjury. 

Section  113.  A  certificate  of  title,  duplicate  certifi-  Punishment  for 
cate  of  title,  certificate  issued  in  place  of  a  duplicate 
certificate,  the  registration  book,  entry  book,  and  all  in- 
dexes provided  for  by  this  act,  and  the  docket  of  the 
recorder,  shall  be  treated  as  if  specifically  described  and 
enumerated  in  section  one  of  chapter  two  hundred  and 


722 


Acts,  1898.  — Chap.  563. 


Penalty  for 
forging  seal. 


Penalty  for 
conveying  cer- 
tain registered 
.  land. 


When  to  take 
effect. 


four  of  the  Public  Statutes,  and  the  various  acts  therein 
described,  when  done  in  reference  to  the  records  or  in- 
struments hereinbefore  mentioned,  shall  be  punished  as 
provided  in  said  section  and  chapter. 

Section  114.  Whoever  forges  or  procures  to  be 
forged,  or  assists  in  forging,  the  seal  of  the  court  of 
registration,  or  stamps  or  procures  to  be  stamped,  or 
assists  in  stamping,  any  document  with  such  forged  seal, 
or  with  the  genuine  seal  of  the  court  of  registration  with- 
out being  duly  authorized  thereto,  shall  be  punished  by 
imprisonment  in  the  state  prison  not  exceeding  ten  years 
or  in  the  jail  not  exceeding  two  years. 

Section  115.  Whoever,  with  intent  to  defraud,  sells 
and  conveys  registered  land  knowing  that  an  undischarged 
attachment  or  any  other  encumbrance  exists  thereon 
which  is  not  noted  by  memorandum  on  the  duplicate  cer- 
tificate of  title,  without  informing  the  grantee  of  such 
attachment  or  other  encumbrance  before  the  consideration 
is  paid,  shall  be  punished  by  imprisonment  in  the  state 
prison  not  exceeding  three  years,  or  in  the  jail  not  exceed- 
ing one  year. 

Section  116.  This  act  shall  take  efiect  upon  the  first 
day  of  October  in  the  year  eighteen  hundred  and  ninety- 
eight.  Approved  June  23,  1898. 


Oh(lV.5Q3   ^^    -^^"^    MAKING   APPROPRIATIONS    FOR    SUNDRY    CHARITABLE    EX- 
PENSES. 


Appropria- 
tions . 


State  paupers 
and  sbip. 
wrecked 
seamen. 


Maintenance  of 
indigent  and 
neglected 
children. 


Be  it  enacted,  etc. ,  as  folloivs : 

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  certain  charitable  expenses  for  the  year 
ending  on  the  thirty-first  day  of  December  in  the  year 
eighteen  liundred  and  ninety-eight. 

For  tGm[)orary  aid  for  state  paupers  and  shipwrecked 
seamen  by  cities  and  towns  for  the  present  and  previous 
years,  a  sum  not  exceeding  ten  thousand  dollars,  the  same 
to  be  in  addition  to  the  forty  thousand  dollars  appropri- 
ated by  chapter  one  hundred  and  nineteen  of  the  acts  of 
the  present  year. 

For  the  care  and  maintenance  of  indigent  and  neglected 
children  and  juvenile  ofl'enders,  to  include  expenses  in 
connection   with   the    same,  a  sum    not   exceeding   five 


Acts,  1898.  — Chap.  564.  723 

thousand  dollars,  the  same  to  be  in  addition  to  the  one 
hundred  thousand  dollars  appropriated  by  chapter  one 
hundred  and  nineteen  of  the  acts  of  the  present  year. 

For  salaries  and  expenses  in  the  division  of  state  adult  state  aduit 
poor,  a  sum  not  exceeding  seventeen  thousand  five  hun- 
dred and  fifty  dollars. 

For  salaries  and  expenses  in  the  division  of  state  minor  Minor  wards. 
wards,  a  sum  not  exceeding  fifteen  thousand  nine  hun- 
dred and  fifty  dollars. 

Section    2.      So   much   of  chapter  one  hundred  and  Repeal. 
nineteen  of  the  acts  of  the  present  year  as  provides  for 
salaries  and  expenses   in  the  department  of  the  indoor 
poor  and  salaries  and  expenses  in  the  department  of  the 
outdoor  poor  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  July  in  the  year  eighteen  hundred  and  ninety-eight,       "^"^^  ^'  ^^^^' 

Approved  June  23, 1898. 


Chap.564: 


An  Act  relative  to  the  compensation  to  be  paid  by  the 
commonwealth  for  water  furnished  to  the  danvers  luna- 
tic hospital, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  the  town  of  Danvers  and  the  trustees  compensation 
of  the  Danvers  lunatic  hospital  fail  to  agree  as  to  the  fumTs^hed  to  the 
amount  of  compensation  to  be  paid  by  the  Commonwealth  ho^gpltaiV"""'''^ 
for  water  supplied  by  said  town  to  said  hospital,  pursu- 
ant to  the  articles  of  agreement  made  and  concluded  on 
the  twenty-third  day  of  June  in  the  year  eighteen  hun- 
dred and  seventy-six,  by  and  between  the  Commonwealth, 
acting  through  the  agency  of  the  commissioners  appointed 
under  the  authority  of  chapter  two  hundred'  and  thirty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  seventy- 
three,  and  the  town  of  Danvers,  acting  through  the  agency 
of  the  commissioners  of  said  town,  chosen  under  the 
authority  of  cha})ter  one  hundred  and  ninety-one  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-four,  then 
the  supreme  judicial  court  sitting  in  equity  shall,  upon 
application  of  the  selectmen  of  said  town  or  the  trustees 
of  said  hospital,  appoint  three  commissioners  who  shall 
not  be  residents  of  said  town,  and  who  shall,  after  due 
notice  and  hearing,  determine  the  sum  to  be  paid  for 
such  water  each  year  from  the  first  day  of  December  in 
the  year  eighteen  hundred  and  ninety-six  to  the  first  day  > 


724  Acts,  1898.  — Chaps.  565,  5G6. 


of  December  in  the  year  eighteen  hundred  and  ninety- 
nine.  The  award  of  said  commissioners  or  a  majority 
thereof  shall  be  returned  into  said  court  on  or  before  the 
fifteenth  day  of  December  of  the  current  year,  and  when 
accepted  by  said  court  shall  be  final  and  conclusive  for 
such  term  of  years. 

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

Approved  June  23,  189S. 

CkClV  565  ""^^  ^^^  RELATIVE  TO  TUE  LIABILITY  OF  PERSON'S  AND  CORPORA- 
TIONS  FOR  NEGLIGENCE  RESULTING  IN  THE  DEATH  OF  PERSONS  NOT 
IN  THEIR  EMPLOY. 

Be  it  enacted,  etc.,  as  folloivs : 
Liability  of  per-      jf  })y  reasou  of  the  nearliirence  or  carelessness  of  any 

eons  and  cor-  'J  _  o     c  »' 

porationsfor  persou  or  corporatiou,  or  of  the  gross  ne^liijence  or  care- 
etc.  '  lessness  of  any  servant  or  agent  of  any  person  or  corpo- 
ration while  engaged  in  the  business  of  such  person  or 
corporation,  the  life  of  a  person  who  is  exercising  due 
diligence  and  who  is  not  in  the  employ  or  service  of  such 
person  or  corporation  is  hereafter  lost,  such  person  or 
corporation  shall  l)e  liable  in  damages  not  exceeding  five 
thousand  dollars  nor  less  than  five  hundred  dollars,  to  be 
assessed  with  reference  to  the  degree  of  culpability  of 
such  person  or  corporation,  or  of  the  servants  or  agents 
of  such  person  or  corporation,  and  to  be  recovered  in  an 
action  of  tort  commenced  within  one  year  from  the  in- 
jury which  .caused  death,  by  the  executor  or  administra- 
tor of  the  deceased  person,  for  the  use  of  the  widow  and 
children  of  the  deceased  in  equal  moieties  ;  or  if  there 
are  no  children,  to  the  use  of  the  widow  ;  or  if  there  is 
no  widow,  to  the  use  of  the  next  of  kin. 

Approved  June  23,  1898. 

Chan.566  ^^    ^^'^  relative   to   the   location,  laying   OUT   AND    CONSTRUC- 
TION   OF   HIGHWAYS   IN   THE   CITY   OF    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
1891,323,  §17         Sectiox  1.     Scctiou  Seventeen  of  chapter  three  hun- 

etc,  amenaed.  ,  /•     i  •    i 

dred  and  twenty-three  ot  the  acts  of  the  year  eighteen 
hundred  and  ninety-one,  as  amended  by  section  ten  of 
chapter  four  hundred  and  eighteen  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-two,  and  by  section  three 
of  chapter  two  hundred  and  thirty-seven  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-six,  is  hereby 


Acts,  1898.  — CiiAr.  567.  725 

amended  by  striking  out  the  whole  of  said  section  and 

insertin<r  in  place  thereof  the  folio wino; :  —  Section  17.  Apportionment 

n    •  ^    ^     ^       ^        n  •  I      •        T*  •  "^  expense  or 

baid  board  ot  assessors  may  m  their  discretion  ai:)por-  construction  of 

tion  so  much  as  remains  unpaid  of  said  assessable  cost  cify  ^f^BoBton.* 

and  the  interest  thereon  for  which  any  parcel  aforesaid 

is  liable,  to  sub-divisions  of  such  parcel  in  proportion  to 

their  area^s,  and  include  tlie  several  apportionments   in 

the  annual  tax  bills  issued  for  the  taxes  on  the  respective 

sub-divisions,  and  every  such  apportionment  shall  be  a 

lien  on  the  sub-division,  and  be  abated,  collected  and 

paid  into  the  city  treasury  as  a  part  of,  and  in  the  same 

manner  as,  the  other  city  taxes   on   such   sub-division. 

The  owner  of  any  such  parcel  or  sub-division  may  at  any 

time  pay  to  said  city  so  much  as  remains  unpaid  of  said 

assessable  cost  and  the  interest  thereon  for  which  his 

parcel  or  sub-division  is  liable,  and  the  same  shall  then 

be  relieved  from  further  lien  or  liability  for  such  cost. 

Said  board  of  assessors  may  issue  a  tax  bill  for  such 

apportionment  for  any  sub-division  for  which  no  tax  bill 

would  otherwise  be  issued. 

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

Approved  June  23,  1898. 


Chap.5Ql 


An  Act  to  limit  the  connection  between  savings  banks  and 
other  banks  and  national  banking  associations. 

Be  it  enacted^  etc.,  as  folloics : 

Sectiox  1.     Xo  savings  bank  or  institution  for  savings  connection 
hereafter  incorporated  shall  occupy  the  same  room  with  bankTaVcf"^^^ 
any  bank  or  national  banking  association,  unless  such  ?fi'?°fi„^?°^' 
savings  bank  or  institution  for  savings  shall  have  first  tions,  etc. 
filed  with  the  board  of  commissioners  of  savings  banks  an 
agreement   signed  by  the  president  and  the  cashier  or 
treasurer  of  such  bank  or  national  banking  association, 
in  accordance  with  a  vote  duly  passed  by  the  board  of 
directors  or  trustees  of  such  bank  or  national  Ixanking 
association,  that   it  and  they  will  permit  and  facilitate 
an  examination  of  the  books,  accounts,  vouchers,  cash, 
securities  and  other  property  of  such  bank  or  banking 
association   by  the  board  of  commissioners  of  savings 
banks,  or  by  a  person  or  persons  duly  appointed  ])y  said 
board,  at  such  times  and  to  such  extent  as  may  be  deemed 
necessary  or  expedient  by  said  board  to  determine  the 
condition  of  the   savings  bank.      The   expense  of  such 


726 


Acts,  1898.  — Chap.  567. 


Savings  bank 
commisaioners 
may  close  up 
the  business 
of  certain  sav- 
ings ban&s 
unless,  etc. 


Savings  banlis 
not  to  transact 
business  over 
the  same 
counter  used 
by  a  national 
bank. 
Proviso. 


examination  shall  be  fixed  by  said  board  of  commissioners 
of  savings  banks  and  shall  be  paid  by  the  bank  or  national 
banking  association  so  examined.  A  duly  certified  copy 
of  said  vote  shall  be  furnished  at  the  same  time  with 
said  agreement,  and  the  agreement  shall  continue  in  force 
so  long  as  such  savings  bank  or  institution  for  savings 
shall  occupy  the  same  room  with  such  other  bank  or 
national  banking  association,  or  shall  keep  any  of  its 
money  or  securities  in  the  same  vault  with  such  other 
bank  or  national  banking  association. 

Section  2.  If  any  savings  bank  or  institution  for 
savings  which  transacts  its  business  within  the  same 
enclosure  with  any  other  bank  or  banking  association  at 
the  time  of  the  passage  of  this  act  shall  not,  on  or  before 
the  first  day  of  Jul}^  in  the  year  eighteen  hundred  and 
ninety-nine,  have  moved  into  a  separate  banking  room, 
or  have  filed  with  the  board  of  commissioners  of  savings 
banks  such  an  agreement  as  is  provided  for  in  section 
one  of  this  act  in  regard  to  savings  banks  hereafter 
incorporated,  and  executed  in  accordance  with  a  vote  of 
the  board  of  directors  or  trustees  of  the  institution  occu- 
pying the  same  room  with  it,  a  certified  copy  of  which 
vote  is  to  be  filed  at  the  same  time  with  said  agreement, 
the  board  of  commissioners  of  savings  banks  is  hereby 
authorized  and  directed  to  proceed  to  close  up  the  busi- 
ness of  such  savino;s  bank  or  institution  for  savings,  in 
the  same  manner  as  though  such  savings  bank  or  insti- 
tution for  savings  was  insolvent.  Said  agreement  shall 
continue  in  force  so  long  as  such  savings  l)ank  or  institu- 
tion for  savings  continues  to  transact  its  business  within 
the  same  enclosure  with  such  other  bank  or  banking 
association. 

Section  3.  No  savings  bank  or  institution  for  savings 
shall  transact  its  business  over  the  same  counter  or  oc- 
cupy in  common  the  same  safes  or  vaults  with  any  bank, 
national  banking  association  or  trust  company  :  jyi'ovided, 
hovoever,  that  nothing  herein  contained  shall  be  construed 
to  prohibit  a  savings  bank  or  institution  for  savings  from 
occupying  within  such  vault  a  safe  or  com})artment  over 
which  it  has  exclusive  control,  or  from  transacting  l)usi- 
ness  over  a  part  of  the  same  counter  which  is  se])arated 
by  a  suitable  })artition  or  lattice  work  from  the  part  of 
the  counter  used  exclusively  by  such  other  bank,  ])anking 
association  or  trust  company. 


Acts,  1898.  — Chap.  56S.  727 

Section  4.     When  a  savings  bank  or  institution  for  committee  to 

.  J       'J       1  •  -ji   "        ji  1  lio  chosen  to 

savings  transacts  its  business  witliin  the  same  enclosure  exiimine  into 
with  a  bank  or  banking  association  a  committee  of  not  of'certain 'sl'v- 
less  than  three  shall  be  chosen  by  the  trustees  of  such  '"^*  ^auks. 
savings  bank  or  institution  for  savings  from  their  own 
number,  which  committee  shall  at  least  once  in  every 
six  months  examine  into  tlie  condition  of  such  savings 
bank  at  the  same  time  that  a  similar  examination  is  made 
of  the  condition  of  such  national  bank  or  bankinof  asso- 
ciation  by  the  directors  thereof,  or  hy  any  other  person 
or  persons  appointed  by  them. 

Section  5.     Whenever  a  savings  Imnk  or  institution  Bond  to  be 
for  savings  transacts  its  business   within  the   same  en-  Tngs  banks  in 
closure  with  a  national  bank,  or  whenever  such  banks  ''^  aiQ<=^*e8. 
have  the  same  president,  treasurer  or  cashier,  then  the 
treasurer,  tellers  and  clerks  of  the  savings  bank  or  insti- 
tution for  savings  shall  give  a  bond  of  some  company 
authorized   to   transact    fidelity  insurance    or    corporate 
suretyship  in  this  Commonwealth,  in  a  form  and  for  a 
sum  to  be  approved  by  the  board  of  commissioners  of 
savings  banks.  Approved  June  23,  1898. 

An  Act  to  incorpora.te  the  Caleb's  pond  company.  Ohnn  ^68 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Charles  E.  White,  Arthur  B.  Mudge  and  compauy""'^ 
Jason  L.  Dexter,  their  associates  and  successors,  are  incorporated. 
hereby  made  a  corporation  by  the  name  of  the  Caleb's 
Pond  Company,  in  Edgartown,  in  the  county  of  Dukes 
County,  for  the  purpose  of  creating  a  herring  and  perch 
fishery,  or  for  the  propagation  of  any  kind  of  salt  water 
fish  ;  and  they  are  empowered  to  close  the  present  out- 
let of  said  pond  and  make  a  new  one  through  the  land 
of  the  company.  The  profits  of  the  fishery  so  created 
shall  belong  to  the  company  ;  but  all  persons  may  take 
fish  with  hook  and  line,  or  spear  eels  from  said  pond. 
And  for  this  purpose  the  com})any  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties, 
restrictions  and  lialjilities  set  forth  in  chapter  one  hun- 
dred and  five  of  the  Pul)lic  Statutes. 

Section  2.     If  any  person,  without  permission  of  the  Fish  not  to  be 
company,  takes  any  fish  from  said  pond,  except  as  pro-  ifermiasioa!" 
vided  in  this  act,  he  shall  be  subject  to  a  fine  not  exceed- 
ing fifty  dollars,  to  be  sued  for  in  any  court  of  competent 
jurisdiction,  and  said  fine  shall  belong  to  the  company. 


728  Acts,  1898.  — Chaps.  569,  570. 

Members  of  the      SECTION  3.     All  DGrsons  who  are  now  owners  of  land 

corporation.  ,.     .     .  .  ,  -^  i  i    .  i  i  /• 

adjoining  said  pond  or  outlet  may  become  members  ot 
said  corporation,  provided  they  shall  signify  to  the  com- 
pany their  intention  to   become  members  within  sixty 
days  from  the  organization  of  the  company  ;    and   the 
company  shall  give  public  notice  of  its  organization  by 
publishing  the  same  at  least  sixty  days  in  the  Vineyard 
Gazette. 
Shareholders  of      Section  4.     The  prcscut  owucrs  of  the  land  adjoining 
corporation.      ^j^^  ^^^^  poud  or  outlct,  who  sliall  determine  to  become 
members  of  the  corporation,  shall  each  be  entitled  to  one 
share. 
Rights  of  per-         SECTION  5.     In  making  or  closing  any  outlet  of  said 
poratio'n  not  to    poud  the  compauy  shall  not  infringe  upon  the  rights  of 
upon!""^^'*       any  person  or  corporation.  Approved  June  23,  1898. 

Ohnrt  ^fiQ  '^^  -^^^  ^*-*   AUTHORIZE   the  city  of  boston  to  pension  the 

■'■  '  AVIDOW   OF  JAMES   M.    ELLIS. 

'  Be  it  enacted,  etc.,  as  follows: 

Widow  of  Section  1.     The  city  of  Boston  is  hereby  authorized 

jameBM.  ^^  ^^^  ^^  ^^^q  widow  of  Jamcs  M.  Ellis  late  a  foreman  in 
the  street  department  of  said  city,  murdered  in  the  dis- 
charge of  his  duty,  the  same  sum  of  money,  by  way  of 
pension  or  otherwise,  which  said  city  is  now  authorized 
to  pay  to  the  widow  of  a  member  of  the  tire  department 
of  said  city  killed  in  the  discharge  of  his  duty. 

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

Approved  June  23,  1898. 

Chnrt  ^^0  ^^   ^^^  RELATIVE  TO    LIABILITIES    INCURRED    AND    EXPENDITURES 
"'  AUTHORIZED   BY  CITIES   AND   TOWNS    FOR    THE    BENEFIT    OF    SOL- 

DIERS AND  SAILORS  IN  THE  PRESENT  WAR  WITH  SPAIN. 

Be  it  enacted,  etc.,  as  follows: 

1898, 529,  §  1,  Section  1.     Section  one  of  chapter  five  hundred  and 

twenty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-eight  is  hereby  amended  by  inserting  after 
the  word  "made",  in  the  first  line,  the  words:  —  or 
liability  or  obligation  already  incurred  or  expenditure 
already  authorized  or  agreed  upon, — by  inserting  after 
the  word  "city",  in  the  first  line,  the  words: — or  the 
mayor  and  aldermen  thereof,  —  and  by  inserting  after 
the  word  "town",  in  the  second  line,  the  words:  —  or 
the    selectmen  thereof,  —  so   as  to  read   as   follows  :  — 


amended. 


Acts,  1898.  — Chaps.  571,  572.  729 

Section  1.     Any  appropriation  already  made,  or  liability  Appropriations 
or  obligation  already  incurred  or  expenditure   already  to^nsloi^" 
authorized  or  agreed  upon,  by  any  city,  or  the  mayor  goidiersfetc. 
and  aldermen  thereof,  or  by  any  town,  or  the  selectmen 
thereof,  for  the  benefit  of  persons  entering  the  military 
and  naval  service  of  the  United  States  or  of  this  Common- 
wealth in  the  present  war  with  Spain,  or  for  the  benefit 
of  the  families  of  such  persons,  is  hereby  legalized  and 
confirmed. 

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

A2)j)roved  June  23,  1898. 

An  Act  to  prevent  over-insurance.  Chct7J,57\ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     When  buildings  insured  against  loss  by  companies  in- 
fire,  and  situated  within  this  Commonwealth,  are  totally  foJs'ify'^fire  not 
destroyed  by  fire,  the  company  shall  not  be  liable  beyond  actual  va^iue1)f 
the   actual    value  of  the   insured   property  at   the  time  ^"■°P|'"'y  *'^- 
of  the  loss  or  damage  ;  and  if  it  shall  appear  that  the 
insured  has  })aid  premiums  on  a  sum  in  excess  of  said 
actual  value  the  assured  shall  be  reimbursed  the  propor- 
tionate excess  of  premiums    paid  on  the  difference  be- 
tween the  amount  named  in  the  policy  and  the  ascertained 
value,  with  interest  at  six  per  cent,  per  annum  from  the 
date  of  issue  ;  and  said  excess  of  premiums  and  interest 
thereon  shall  be  allowed  the  insured  from  the  time  any 
company  or  companies  carrying   said   insurance    at  the 
time  of  the  loss  have  continuously  carried  the  insurance 
on  the  destroyed  building  or  buildings,  whether  under 
l)olicies  existing  at  the  time  of  the  loss  or  under  previous 
policies  in  the  same  company  or  companies. 

Section  2.     This  act  shall  take  effect  on  the  first  day  when  to  take 
of  October  in  the  year  eighteen  hundred  and  ninety-eight. 

Approved  June  23,  1898. 


Chap.^12 


An  Act  to  establish  the  salaries  of  the  harbor  and  land 
commissioners. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  salaries  of  the  members  of  the  board  u*'?"®^^°j  i^nd 
of  harbor  and  land  commissioners  shall  be  thirty-three  commiBBioners, 
hundred  dollars  a  year  for  the  chairman  and  twenty-seven 
hundred  dollars  a  year  for  each  of  the  other  commis- 


the  Connecticut 
river,  etc 


730  Acts,  1898.  —  Chaps.  573,  574. 

sioners,  to  be  so  allowed  from  the  first  day  of  January 
in  the  year  eighteen  hundred  and  ninety-eight. 

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

Ax)proved  June  23, 1898. 

ChClT).57S  ^^  -^^"^   RELATIVE   TO   THE  CONSTRUCTION  OF  A  BRIDGE  ACROSS  THE 
CONNECTICUT   RIVER   IN   THE   TOWN   OF   NORTHFIELD. 

Be  it  enacted,  etc.,  asfolloios: 
1897,497,  §2,  Section  1.     Scction  two  of  chapter  four  hundred  and 

ninety-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven  is  hereby  amended  by  striking  out  in 
the  twelfth  and  thirteenth  lines,  the  word  "  thirty-five", 
and  inserting  in  place  thereof  the  word: — forty,  —  so 
Contract  for  as  to  read  as  follows:  —  /Section  2.  No  contracts  shall 
bridge  across  be  made  for  the  construction  of  said  bridge  until  plans, 
together  with  detailed  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  the  materials  for  the 
amounts  specified  in  said  estimates,  have  been  submitted 
to  the  county  commissioners  and  approved  b}^  them. 
Such  approval  shall  not  be  given  to  any  plans  and  esti- 
mates so  submitted  until  said  county  commissioners  are 
fully  satisfied  that  the  cost  of  said  bridge,  together  with 
the  cost  of  the  abutments  and  approaches  of  said  bridge, 
will  not  exceed  the  sum  of  forty  thousand  dollars. 

Section  2.     This  act  shall  take  eficct  upon  its  j^assage. 

Approved  June  23,  1898. 

Ch(l7).^14i  An  Act  relative  to  special  commissioners. 

Be  it  enacted,  etc.,  asfolloivs: 
Term  of  office        SECTION  1.     The  term  of  ofiice  of  spBcial  commission- 

cf  gpecial  com-  ,  .  -tii  ••  i»ii 

missioners.  ers  hercaiter  appomted  under  the  provisions  oi  chapter 
two  hundred  and  fifty-two  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-three,  chapter  one  hundred  and 
ninety-seven  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine,  and  chapter  four  hundred  and  seventy- 
six  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
six,  shall  be  seven  years.  The  commission  of  every 
special  commissioner  heretofore  appointed  under  the 
provisions  of  any  one  of  said  acts  shall  terminate  at  the 
expiration  of  seven  years  from  the  passage  of  this  act. 


Acts,  1808.  —  Chap.  575.  731 

Section  2.     Every  person  hereafter  appointed  to  the  Fee  to  be  paid 
omce  oi  special  commissioner  shall,  betore  the  delivery 
of  the  commission,  pay  to  the  secretary  of  the  Common- 
wealth a  fee  of  live  dollars. 

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

Approved  June  23,  1898. 

An  Act  to   provide  for  the  completion  of  the  massachu-  njiar).575 

SETTS  hospital  FOR   CONSL'MPTIVES   AND   TUBERCULAR   PATIENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  completion  of  the  completion  of 
^Massachusetts  hospital  for  consumptives  and  tubercular  ifoTpUai'for"* 
patients,  authorized  by  chapter  five  hundred  and  three  ^onsumptives, 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-five, 
the  treasurer  and  receiver  general  is  hereby  authorized, 
with  the  approval  of  the  governor  and  council,  to  issue 
scrip  or  certificates  of  indebtedness  to  an  amount  not 
exceeding  twenty-two  thousand  five  hundred  dollars,  for 
a  term  not  exceeding  thirty  years,  the  same  to  be  in  ad- 
dition to  any  amount  previousl}^  authorized.  Said  scrip 
or  certificates  of  indebtedness  shall  be  issued  as  regis- 
tered ])onds  or  with  interest  coupons  attached,  and  shall 
])ear  interest  not  exceeding  four  per  cent,  per  annum, 
])aya])le  semi-annually  on  the  first  days  of  May  and 
November  in  each  year.  Such  scrip  or  certificates  of  coMumpUvea 
indebtedness  shall  be  designated  on  the  face  thereof  as  Loan. 
the  Hospital  for  Consumptives  Loan,  shall  be  counter- 
signed by  the  governor,  shall  be  deemed  a  pledge  of  the 
faith  and  credit  of  the  Commonwealth,  and  the  principal 
and  interest  shall  be  paid  at  the  times  specified  therein 
in  gold  coin  of  the  United  States  or  its  equivalent ;  and 
said  scrip  or  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 
shall  bear  such  rates  of  interest,  not  exceeding  the 
amount  above-specified,  as  shall  be  deemed  for  the  best 
interest  of  the  Commonwealth.  The  sinking  fund  es-  sinking  fund. 
tablished  by  chapter  three  hundred  and  ninety-one  of 
the  acts  of  the  year  eighteen  hundred  and  seventy-four, 
known  as  the  Prison  and  Hospital  Loan  Sinking  Fund, 
shall  also  be  maintained  for  the  purpose  of  extinguish- 
ing bonds  issued  under  the  autliority  of  this  act,  and 
the  treasurer  and  receiver  general  shall  apportion  thereto 


732 


Acts,  1898.  — Chap.  576. 


Appropriation 
not  to  be  used 
for  a  certain 
purpose. 


Expenditure  of 
appropriation. 


from  year  to  year  an  amount  sufficient  with  the  accumu- 
lations of  said  fund  to  extinguish  at  maturity  the  debt 
incurred  by  the  issue  of  said  bonds.  The  amount  neces- 
sary to  meet  the  annual  sinking  fund  requirements  and 
to  pay  the  interest  on  said  bonds  shall  be  raised  by  taxa- 
tion from  year  to  year. 

Section  2.  No  part  of  this  appropriation  shall  be 
used  for  the  payment  of  the  expense  of  building  an  ob- 
servatory already  built  on  a  water  tower  building  of  the 
town  of  Rutland. 

Section  3.  Said  appropriation  shall  be  expended 
under  the  direction  of  the  board  of  trustees  of  the* 
Massachusetts  hospital  for  consumptives  and  tubercular 
patients,  for  the  following  purposes,  to  wit:  —  For  an 
electric  lighting  plant,  live  thousand  dollars  ;  for  furnish- 
ing the  building,  eight  thousand  dollars  ;  for  completing 
the  grading  and  for  other  work  on  the  grounds,  five  hun- 
dred dollars ;  for  building  an  ice  house,  five  hundred 
dollars;  for  fencing  the  filter  beds,  one  hundred  and 
fifty  dollars  ;  for  new  gutters  for  the  building,  one  thou- 
sand three  hundred  dollars  ;  and  for  existing  lial)ilities 
in  excess  of  appropriations,  seven  thousand  dollars. 

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

Approved  June  23,  1898. 


ChaV.57Q  ^^     ^^^    RELATIVE     TO    TRADING     STAMPS,    COUPOXS     AXU     OTHER 


DEVICES. 


Trading 
etampe,  cou- 
pons, etc. 


Be  it  enacted,  etc. ,  as  folloivs  : 

The  provisions  of  chapter  two  hundred  and  seventy- 
seven  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  shall  apply  to  the  giving  of  any  stamp, 
coupon  or  other  device  which  entitles  a  purchaser  to 
demand  or  receive  from  any  person  or  company  other 
than  the  merchant  dealing  in  the  goods  purchased  or 
the  manufacturer  thereof,  any  other  property  than  that 
actually  sold  or  exchanged ;  and  also  to  the  delivery  by 
any  person  or  company  other  than  the  merchant  dealing 
in  the  goods  purchased  or  the  manufacturer  thereof,  of 
any  goods,  wares  or  merchandise  upon  the  presentation 
of  such  stamp,  coupon  or  other  device. 

Approved  June  23,  1898. 


Acts,  1S98.  — Chap.  577.  733 


An  Act  kelative  to  small  loans  and  the  kedemption  of  the  /^^^^  r;77 
security  therefor.  .         -^ 

Be  it  enacted,  etc.,  asfoUoics: 

Section  1.  No  person,  corporation  or  copartnership  Smaii  loans, 
eniraged  in  the  business  of  making  loans  shall  make  any 
loan  secured  by  mortgage  or  pledge  of  household  fur- 
niture or  other  personal  property  exempt  from  attach- 
ment, or  by  assignment  of  wages  for  personal  service, 
for  less  than  two  hundred  dollars  and  at  a  rate  of  inter- 
est greater  than  twelve  per  cent.,  without  first  having 
obtained  a  license  for  carrying  on  such  business  in  the 
city  or  town  in  which  such  business  is  transacted.  Such 
licenses  may  be  granted  l)y  the  board  of  police  of  the 
city  of  Boston  in  and  for  said  city,  by  the  maj^or  and 
aldermen  of  any  other' city  in  and  for  such  city,  and  by 
the  selectmen  of  any  town  in  and  for  such  town. 

Section  2.     No  such  license  shall  be  granted  until  the  swom  state. 
applicant  or  applicants  therefor  shall  file  with  the  board  by  applicant 
authorized  to  grant  the  same  a  statement  verified  by  oath,  etc.'''^^'^^^' 
which  in  case  of  a  corporation  may  ])e  the  oath  of  the 
})resident  thereof  or  the  agent  thereof  in  charge  of  suc'h 
business,   setting   forth   the  place  in   the    city  or  town 
where  the  business  is  to    be    carried   on,  the    name    or 
names,  and  the  private  and  Imsiness  address  or  addresses 
of  the  applicant  or  applicants,  and,  in  case  of  a  corpora- 
tion, the  state  under  the  laws  of  which  it  is  organized, 
and  the  name  or  names  and  private  address  or  addresses 
of  the  clerk  or  secretary  and  the  agent  or  other  ofiicer 
having  charge  of  its  proposed   business,  nor  until  the 
applicant  or  applicants  shall,  unless  excused  by  the  board 
authorized  to  grant  the  license,  file  with  said  board  a 
power  of  attorney  api)ointing  some  person  satisfactory 
to  the  board  to  l)e  his,  their  or  its  attorney,  upon  whom 
all  lawful  processes  may  be  served  in  any  action  or  pro- 
ceeding arising  under  this  act,  with  the  same  efl^ect  as  if 
served  upon  such  apjilicant  or  applicants  appointing  such 
attorney.     If  any  change  occurs  in  the  name  or  address  Notice  to  be 
of  any  licensee,  or  of  the  clerk,  secretary  or  agent  afore-  fn'nami o?''"*'^ 
said  of  any  licensed  corporation,  or  in  the  place  where  uceneee^etc. 
the  licensed  business  is  carried  on,  or  in  the  membership 
of  any  copartnership  licensed,  a  true  and  full  statement 
of  such  change,  sworn  to  in  the  manner  re(|uired  above 
in  the  case  of  the  oriiiinal  statement,  shall  forthwith  be 


734 


Acts,  1898.  — Chap.  577 


Bond  to  be 
given. 


Proviso. 


filed  with  the  board  granting  the  license.  The  board  of 
officers  granting  any  such  license  shall  have  full  power 
to  revoke  the  same  for  cause  at  any  time  after  hearing. 

Section  3.  No  license  shall  be  issued  unless  or  until 
the  licensee  or  licensees  named  therein  shall  file  with  the 
treasurer  of  the  city  or  town  in  which  the  business  is  to 
be  carried  on,  a  bond  in  a  penal  sum  to  be  fixed  by  the 
licensing  board,  executed  to  said  treasurer  by  said  licensee 
or  licensees,  and  by  a  surety  or  sureties,  to  be  approved 
by  the  licensing  board,  which  bond  shall  he  conditioned 
for  the  faithful  performance  by  the  licensee  or  licensees, 
of  the  duties  and  obligations  pertaining  to  the  business 
so  licensed,  and  the  prompt  payment  of  any  final  judg- 
ment recovered  against  the  licensee  or  licensees,  or  for 
the  payment  of  which  any  individual  of  the  licensees 
may  be  legally  bound  under  or  by  virtue  of  this  act : 
provided,  however,  that  no  suit  at  law  or  in  equity  shall 
be  commenced  or  prosecuted  against  said  sureties  or 
either  of  them  on  any  such  bond  until  after  thirty  days 
from  the  time  final  judgment*  shall  have  been  rendered 
against  said  licensee  or  licensees  ;  but  in  any  case  at  law 
or  in  equity  under  the  provisions  of  this  act  against  the 
licensee  or  licensees,  when  it  shall  be  made  to  appear 
that  the  plaintifi'  is  entitled  to  judgment  or  decree  except 
for  proceedings  in  bankruptcy  or  insolvency,  or  the  dis- 
charge therein,  of  the  licensee  or  licensees,  the  court 
may  at  any  time,  on  motion,  enter  a  special  judgment 
or  decree  for  the  plaintiff"  for  the  amount  of  his  debt, 
daipages  and  costs,  or  for  such  other  relief  as  he  may 
be  entitled  to,  and  such  bond  shall  l)e  conditioned  for 
the  payment  of  such  special  judgment  and  compliance 
with  such  decree.  Any  person  or  persons  aggrieved  by 
a  breach  of  the  condition  of  such  bond  may  sue  and  re- 
cover judgment  upon  such  bond  at  his  or  their  own  ex- 
pense and  in  his  or  their  own  behalf,  but  in  the  name  of 
the  obligee ;  and  if  any  judgment  for  the  defendant  or 
defendants,  for  costs,  shall  be  entered,  execution  therefor 
shall  issue  against  the  person  or  persons  for  whose  benefit 
the  suit  is  brought,  as  if  he  or  they  were  the  plaintiff'  or 
plaintiff's  of  record,  but  not  against  the  obligee.  In  such 
suit  like  proceedings  shall  be  had  as  in  a  suit  by  a  creditor 
on  an  administration  bond.  The  board  issuing  the  license 
may  at  any  time  require  the  licensee  or  licensees  to  file 
one  or  more  additional  bonds  of  like  nature  and  with 


Acts,  1898.  — Chap.  577.  735 

like  effect,  and  to  give  full  information  as  to  all  judg- 
ments recovered  on,  or  suits  pending  on,  his  or  their 
bonds,  at  any  time.  On  failure  to  tile  any  such  bond 
required  the  license  shall  be  revoked. 

Section  4.  In  the  case  of  any  loan  to  which  the  pro-  Limuinamount 
visions  of  this  act  apply,  a  sum  not  exceeding  two  dol-  .iccountof"" 
lars  if  the  loan  does  not  exceed  twenty-five  dollars,  not  '°'*">**^- 
exceeding  ten  dollars  if  the  loan  exceeds  one  hundred 
dollars,  not  exceeding  three  dollars  if  the  loan  exceeds 
twenty-five  dollars  but  does  not  exceed  fifty  dollars,  and 
not  exceeding  five  dollars  if  the  loan  exceeds  fifty  dollars 
but  does  not  exceed  one  hundred  dollars,  may,  if  both 
parties  to  the  loan  so  agree,  be  paid  by  the  borrower  or 
borrowers  or  added  to  the  debt,  and  taken  by  the  lender 
as  the  expense  of  making  and  securing  the  loan,  and 
such  sum  shall  not  be  counted  as  part  of  the  interest  of 
such  loan.  No  greater  sum  than  as  above-specified  shall 
be  taken  for  such  purpose,  and  any  sum  paid,  promised 
or  taken  in  excess  of  such  sum  shall  be  deemed  to  be 
taken  as  interest  and  shall  be  so  considered  for  the  pur- 
poses of  this  act. 

Sectiox  5.  The  board  of  ofiicers  granting  licenses  in  Rules  and  reg- 
any  city  or  town  as  provided  in  this  act  shall  from  time  "  ^ ' 
to  time  establish  such  rules  and  regulations  with  refer- 
ence to  the  business  carried  on  by  the  parties  so  licensed 
and  the  rate  of  interest  to  be  charged  by  them  as  shall 
seem  to  said  board  to  be  necessary  and  proper.  Said 
board  in  fixing  said  rate  shall  have  due  regard  to  the 
amount  of  the  loan  and  the  time  for  which  it  is  made ; 
and  no  person  or  i)arty  so  licensed  shall  hereafter  charge 
or  receive  upon  any  loan  a  greater  rate  of  interest  than 
that  fixed  by  the  board  by  which  his  license  was  issued. 

Section    6.     When   any  greater   rate   of  interest   or  unlawful 
amount  for  expenses  than  is  allowed  under  the  provi-  rnte"e°tcoi. 
sions  of  this  act  has  been  paid  upon  any  loan  to  which  leco^red^back. 
the  provisions  of  this  act  apply  the  part}^  paying  the 
same   may  either  by  an   action   of  contract  or   suit   in 
e(juity  recover  back  the  amount  of  the  unlawful  interest 
with  twice  the  legal  costs,  and  no   more,  provided  that 
the  action  or  suit  for  the  recovery  of  unlawful  interest 
or  exj)cnses  shall  be  brought  within  two  3^ears  from  the 
time  of  payment. 

Sfxtion  7.     In  case  any  loan  to  which  the  provisions  Mortgage  or 
of  this  act  apply  is  secured  l)y  mortgage  or  pledge  of  char|edupon 


736 


Acts,  1898.  — Chap.  577. 


payment  or 
tender  of  eum 
due,  etc. 


Mortgage  or 
pledge  not  valid 
■unless  it  states 
amount  of 
loau,  etc. 


Copy  of  mort- 
gage to  be  fur- 
nished on 
demand,  etc. 


Receipt  to  >)e 
given  for  pay- 
ment on 
account. 


personal  property  or  by  an  assignment  of  wages  the 
mortgage  shall  be  discharged,  the  pledge  restored,  or 
the  assignment  released,  upon  payment  or  tender  of  the 
sum  legally  due  under  the  provisions  of  this  act,  and 
such  payment  or  tender  may  be  made  by  the  debtor,  by 
any  person  duly  authorized  by  him,  or  by  any  person 
having  an  interest  in  the  property  mortgaged  or  pledged 
o.r  in  the  WAges  assigned.  Whoever  refuses  or  neglects, 
after  request,  to  discharge  a  mortgage,  release  an  assign- 
ment, or  restore  a  pledge  to  the  party  entitled  to  receive 
the  same,  after  payment  of  the  debt  secured  thereby  or 
the  tender  of  the  amount  due  thereon  as  aforesaid,  shall 
1)6  liable  in  an  action  of  tort  to  the  borrower  or  borrowers 
for  all  damages  thereby  resulting  to  him  or  them. 

Section  8.  No  mortgage  or  pledge  of  personal  prop- 
erty or  assignment  of  wages  to  which  the  provisions  of 
this  act  apply  shall  be  valid  unless  it  states,  with  sub- 
stantial accuracy,  the  actual  amount  of  the  loan,  the  time 
for  which  the  loan  is  made,  the  rate  of  interest  to  be  paid, 
and  the  expense  for  making  and  securing  the  loan ;  nor 
unless  it  contains  a  provision  that  the  debtor  shall  be 
notified,  in  the  manner  provided  in  section  seven  of 
chapter  one  hundred  and  ninety-two  of  the  Public  Stat- 
utes, of  the  time  and  place  of  any  sale  to  be  made  in 
foreclosure  proceedings  at  least  seven  days  before  such 
sale.  And  no  notice  of  intention  to  foreclose  under 
sections  seven  or  ten  of  said  chapter  shall  be  valid  in 
such  case,  unless  it  exi)ressly  states  where  such  notice 
is  to  be  recorded  and  that  the  right  of  redemption  will 
be  foreclosed  sixty  days  after  such  recording  At  any 
time  after  twenty  days  from  the  date  of  any  such  mort- 
gage if  the  same  has  not  been  recorded  the  holder  thereof 
shall  forthwith  on  demand  and  ])ayment  or  tender  of  one 
dollar,  give  to  the  mortgagor,  or  any  person  interested 
in  the  mortgaged  property,  a  copy  of  the  mortgage  and 
note  or  obligation  secured  therebv,  which  such  holder  or 
holders  shall  certify  to  be  a  true  copy  thereof. 

Section  9.  AVhenever  any  payment  is  made  on  ac- 
count of  any  loan  to  which  the  provisions  of  this  act 
apply  the  person  receiving  the  payment  or  his  principal 
shall,  when  the  payment  is  taken,  give  the  person  pay- 
ing, a  receipt  setting  forth  the  amount  then  paid  and  the 
amount  previously  paid,  and  identifying  the  loan,  note, 
mortgage  or  assignment  to  which  it  is  to  be  applied. 


Acts,  1898.  — Chap.  578.  737 

Section  10.  Any  person  or  persons  not  being  duly  Penalty  for 
licensed  as  provided  in  this  act  who,  on  his  or  their  own  without  license. 
account,  or  on  account  of  any  other  person  or  persons, 
copartnership  or  corporation  not  so  licensed,  shall  engage 
in  or  carry  on,  directly  or  indirectly,  either  separately 
or  in  connection  with  or  as  part  of  any  other  business, 
the  business  of  making  loans  to  whicli  the  provisions  of 
this  act  apply,  shall  ])e  punished  by  a  fine  of  not  more 
than  three  hundred  dollars,  or  by  imprisonment  in  the 
house  of  correction  not  more  than  sixty  days,  or  by  both 
such  line  and  imprisonment. 

Section  11.     Chapter  three  hundred  and  eiffhty-eight  certain  provi- 

^1  PI  .,  1111      •    1  •    1  j_  sions  of  law  not 

ot  the  acts  oi  the  year  eighteen  hundred  and  eighty-eight  to  apply,  etc. 
and  chapter  four  hundred  and  twenty-eight  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-two,  shall  not 
apply  to  any  loan  of  less  than  two  hundred  dollars  made 
by  any  person  holding  a  license  under  this  act,  nor  shall 
this  act  affect  any  right  of  action  which  has  accrued  under 
either  of  said  acts  prior  to  the  passage  of  this  act.  Noth- 
ing in  this  act  shall  be  construed  to  apply  to  licensed 
pawnbrokers,  or  to  repeal  or  affect  section  thirty-four  of 
chapter  one  hundred  and  two,  or  section  six  of  chapter 
one  hundred  and  ninety-two  of  the  Public  Statutes,  chap- 
ter four  hundred  and  ninety-seven  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five,  chapter  one  hundred 
and  eighty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-six,  or  so  much  of  section  three  of  chapter 
seventy-seven  of  the  Public  Statutes  as  provides  that 
when  there  is  no  agi'eement  for  a  different  rate  the  inter- 
est of  money  shall  be  at  the  rate  of  six  dollars  upon  each 
hundred  dollars  for  a  year. 

Section  12.     This  act  shall  take  effect  on  the  first  day  When  to  take 
of  SeptemV)er  in  the  year  eighteen  hundred  and  ninety- 
eight.  Approved  June  23,  1898. 

An  Act  rfxative  to  street  kailways.  Chau  578 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  In  the  construction  of  this  act,  unless  certain  terms 
such  meaning  would  be  repugnant  to  the  context,  "  street 
railways  •' and  "railways"  shall  mean  all  railway's,  in- 
cluding tracks,  poles,  wires  and  other  appliances  and 
e(iuipments  connected  therewith,  which  are  constructed 
ou,  in,  under  or  above  the  public  highways  or  streets, 


738  Acts,  1898.  — Chap.  578. 

and  operated  by  any  motive  power  other  than  steam, 
except  such  as  are  at  the  present  time  owned  or  operated 
hy  or  leased  to  the  Boston  Elevated  liailwa}"  Company. 
*'  Street  railway  companies  "  and  "  companies  "  shall  mean 
all  corporations,  persons,  partnerships  or  associations, 
constructing",  maintaining  or  oj^erating  street  railways, 
but  shall  not  include  said  Boston  Elevated  Kail  way  Com- 
pany, or  companies  whose  railways  are  at  the  present 
time  leased  or  operated  by  said  company.  "Location" 
shall  mean  the  grant  to  a  street  railway  company  by  vote 
or  order  of  a  board  of  aldermen  of  a  city  or  selectmen  of 
a  town,  when  duly  accepted  by  such  company,  of  the 
right  to  construct,  maintain  and  operate  a  street  railway 
in  a  public  highway  or  street  in  such  city  or  town.  An 
"  original  location  "  of  a  company  in  any  city  or  town  shall 
mean  the  first  location  granted  to  it  in  such  city  or  town. 
Returns  to  con-       SECTION  2.     In  the  casc  of  street  railway  companies 

tain  statement       ,,  ,  j       ji        j  •       •  1^1*^  •    • 

of  certain  facts  the  rctum  to  the  tax  commissioner  under  the  provisions 
under  oath,  ^^  gg^j^j^j^  thirty-eight  of  chapter  thirteen  of  the  Public 
Statutes  shall  also  contain  a  statement  under  the  oath  of 
the  treasurer  of  every  such  company,  giving  the  length 
of  the  track  operated  by  it  in  each  city  and  town  in  the 
Commonwealth  on  the  thirtieth  day  of  September  next 
preceding  the  date  of  the  return,  which  length  shall  be 
determined  by  measuring  as  single  track  the  total  length 
of  all  track  operated  by  such  company,  including  sidings 
and  turn-outs,  whether  owned  or  leased  by  it,  or  over 
which  it  has  trackage  rights  only ;  and  said  return  shall 
also  contain  a  statement  under  the  oath  of  the  treasurer 
of  every  such  company  showing  the  amount  of  the  capital 
stock  of  the  company  and  of  the  dividends  })aid  thereon 
during  the  year  ending  on  the  thirtieth  day  of  September 
last  preceding,  and  during  each  and  every  year  from  the 
organization  of  the  company. 
street  railway        SECTION    3.      Wlicuever  an  operatino;    street  railway 

companies  pay-  .,     ,       .  ,,  '  ,.     '  ^1       ^i  •    a.*    /i 

ing  dividends     compaiiy  tias  paid  during  the  year  ending  on  the  tnirtietn 

percenTAo^'S  day  of  "Septeml)er  ncx-t  preceding  the  date  of  the  return 

a  certain  tax.     referred  to  in  section  two  of  this  act,  dividends  exceeding 

in  the  aggregate  eight  per  cent,  upon  its  capital  stock, 

said  company  shall,  for  every  such  year,  in  addition  to 

the  tax  upon  its  corporate  franchise  for  which  it  is  liable 

under  the  provisions  of  chapter  thirteen  of  the  Public 

Statutes,  pay  to  the  treasurer  of  the  Commonwealth  a  tax 

Proviso.  equal  to  the  amount  of  such  excess  :  provided,  Jioicever, 


Acts,  1898.  — Chap.  578.  739 

that  no  company  shall  be  liable  to  pay  such  additional 
tax  which  has  not  from  the  date  when  it  commenced  to 
operate  its  road  paid  dividends  equivalent  in  the  aggregate 
to  at  least  six  per  cent,  per  annum  upon  its  capital  stock 
from  year  to  year.  Said  tax  shall  be  determined  and 
l^aid  in  the  manner  provided  in  said  chapter  thirteen  in 
relation  to  taxes  upon  the  corporate  franchises  of  street 
railways. 

Section  4.     Prior  to  the  first  day  of  November  in  each  Tax  commiH- 
year  the  tax  commissioner  shall  apportion  the  amount  tion  amount^"'^ 
of  the  tax  for  which  each  street  railway  company  is  liable  °^  *'*^'  ®*'*'* 
under  the  provisions  of  chapter  thirteen  of  the  Public 
Statutes,  and  under  the  provisions  of  section  three  of 
this  act,  among  the  several  cities  and  towns  in  propor- 
tion to  the  length  of  tracks  operated  by  such  company 
in  said  cities  and  towns,  respectively,  subject  to  appeal 
to  the  board  of  appeal  constituted  by  sections  sixty-one 
and  sixty -two  of  said  chapter  thirteen.     The  tax  com- 
missioner shall  notify  the  treasurers  of  every  such  city 
and  town  of  the  share  of  said  tax  so  apportioned  to  each 
city  and  town,  and  he  shall  also  certify  to  the  treasurer 
of  the  Commonwealth  the  shares  thus  apportioned   as 
finally  determined  in  case  of  appeal. 

Sectiox  5.     As  soon  as  practicable  after  the  receipt  of  p^y  ^"cuier 
said  tax,  and  of  the  certificate  of  apportionment  thereof  and  towns  their 

,  ..  ,  '-  ^  /•!/--(  shares  or 

by  the  tax  commissioner,  the  treasurer  or  the  Common-  amount  of  tax. 
wealth  shall  credit  and  pay  over  to  the  treasurers  of  the 
several  cities  and  towns  the  shares  of  said  tax  apportioned 
to  them  respectively  as  aforesaid. 

Section  (J.     Every  street  railway  company  shall  on  or  Return  to  he 
before  the  fifteenth  day  of  October  in  each  year  make  "rt  o^f  cities  and 
and  file  in  the  office  of  the  board  of  assessors  of  every  *°'^°''* 
city  and  town  in  which  any  portion  of  the  railway  oper- 
ated by  it  is  situated,  a  return  signed  and  sworn  to  by 
its  president  and  treasurer,  stating  the  leng-th  of  track 
operated  by  it  in  public  ways  in  such  city  or  town,  and 
also  the  total  length  of  track  operated  by  it  in  public 
ways,  determined  as  provided  in  section  two  of  this  act, 
and  also  the  amount  of  its  gross  receipts  during  the  year 
ending  on  the  thirtieth  day  of  September  next  preceding, 
which  gross  receipts  shall  include  all  amounts  received 
by  it  from  the  operation  of  its  railway,  but  shall  not 
include  income  derived  from  sale  of  power,  rental   of 
trackri  or  other  sources. 


740 


Acts,  1898.  — Chap.  578. 


AeeeasorB  to 
assess  an 
exuise  tax. 


Rate  of  excise 
tax  to  be 
assessed. 


Cities  and 
towns  may 
petition  board 
of  railroad 
commissioners 
for  revision  of 
excise  tax,  etc. 


Section  7.  On  or  before  the  first  day  of  November 
in  each  year  the  assessors  of  every  city  and  town  in 
which  any  street  railways  are  operated  shall  assess  on 
each  company  operating  such  railways  therein,  an  excise 
tax  of  an  amount  equal  to  such  proportion  of  the  follow- 
ing percentages  of  the  gross  receipts  of  such  com})any  as 
the  length  of  tracks  operated  by  it  in  public  ways  of  such 
city  or  town  bears  to  the  total  length  of  tracks  operated 
by  it  in  public  ways,  to  wit :  — 

In  case  of  companies  whose  annual  gross  receipts  per 
mile  of  track  operated  are  four  thousand  dollars  or  less, 
one  per  cent,  of  the  total  annual  gross  receipts  ;  in  case 
of  companies  whose  annual  gross  receipts  per  mile  of 
track  operated  are  more  than  four  thousand  dollars  and 
less  than  seven  thousand  dollars,  two  per  cent,  of  the 
total  annual  gross  receipts  ;  in  case  of  companies  whose 
annual  gross  receipts  per  mile  of  track  operated  are  more 
than  seven  thousand  dollars  and  less  than  fourteen  thou- 
sand dollars,  two  and  one  quarter  per  cent,  of  the  total 
annual  gross  receipts  ;  in  case  of  companies  whose  annual 
gross  receipts  per  mile  of  track  operated  are  more  than 
fourteen  thousand  dollars  and  less  than  twenty-one  thou- 
sand dollars,  two  and  one  half  per  cent,  of  the  total 
annual  gross  receipts  ;  in  case  of  companies  whose  annual 
gross  receipts  per  mile  of  track  operated  are  more  than 
twenty-one  thousand  dollars  and  less  than  twenty-eight 
thousand  dollars,  two  and  three  quarters  percent,  of  the 
total  annual  gross  receipts  ;  and  in  case  of  companies 
whose  annual  gross  receipts  per  mile  of  track  operated 
are  twenty-eight  thousand  dollars  or  more,  three  per  cent, 
of  the  total  annual  gross  receipts.  The  excise  tax  pro- 
vided by  this  section  shall  l)e  in  addition  to  the  taxes 
now  jn-ovided  by  law. 

Section  8.  At  any  time  after  the  end  of  three  years 
from  the  first  day  of  October  in  the  j'ear  eighteen  hundred 
and  ninety-eight  the  selectmen  of  any  town,  or  the  alder- 
men of  any  city,  or  any  street  railway  company  operating 
in  such  town  or  city,  may  petition  the  board  of  railroad 
commissioners  for  a  revision  of  the  amount  of  the  excise 
tax  to  be  thereafter  paid  by  said  company  under  the 
preceding  section  ;  and  said  board  shall  thereupon  pro- 
ceed to  investigate  and  determine,  after  public  notice, 
and  a  hearing  at  which  said  selectmen  or  aldermen  and 
said  company  may  submit  such  evidence  as  may  be  per- 


Acts,  1898.  — Chap.  578.  741 

tinent,  the  average  annual  cost  to  said  town  or  city  of  fownsma^v 
the  work  done  by  it  during  the   preceding  three  years  petition  board 

of  TEiilroiici 

under  the  provisions  of  this  act  whicli  by  law  it  was  not  commissioners 

1  '        1    J.        1  11  J.T-  1   for  revision  of 

previously  required  to  do,  and  also  the  average  annual  excise  tax,  etc. 
payments  made  by  said  company  to  said  town  or  city 
under  and  pursuant  to  said  section  during  said  three 
years  ;  and  having  ascertained  and  determined  said  aver- 
age annual  cost  and  average  annual  payments,  said  board 
shall  thereupon  determine  and  fix  the  proportion  of  the 
percentage  of  the  gross  receipts  w^hich  shall  be  paid  as  an 
excise  tax  under  said  section  by  the  company  to  said  town 
or  city  annually  thereafter,  said  proportion  to  be  fixed  at 
such  a  rate  as  will  be  necessary  to  yield  to  said  town  or 
city  annually  thereafter  an  amount  equal  to  the  average 
annual  cost  to  said  town  or  city  of  the  work  done  by  it 
during  the  preceding  three  years  under  the  provisions  of 
this  act  and  which  it  was  not  by  law  previously  required 
to  do,  as  determined  as  aforesaid  ;  and  the  proportion  of 
the  percentage  so  fixed  shall  not  be  again  changed  for  the 
period  of  three  years  and  not  except  in  the  manner  herein 
provided.  Said  board  may  at  any  time  upon  petition 
therefor  by  any  city  or  town  entitled  to  any  part  of  the 
excise  tax  paid  by  any  street  railway  company,  after  such 
notice  as  the  board  may  order  to  all  other  cities  and 
towns  entitled  to  share  in  the  excise  tax  paid  by  said 
company,  and  after  a  hearing,  determine  as  to  the  distri- 
bution thereof  among  the  several  cities  and  towns  in 
which  such  company  operated  any  part  of  its  railway,  and 
fix  the  proportions  thereof  to  w^hich  they  shall  respec- 
tively be  entitled,  which  shall  thereafter  be  the  propor- 
tions of  said  excise  tax  to  be  assessed  upon  said  company 
under  the  provisions  of  this  act,  instead  of  the  proportion 
based  upon  length  of  tracks  as  hereinbefore  provided. 

Section  9.     Prior  to  the  fifteenth  day  of  November  in  collectors  of 
each    year   the    assessors  of  every   city  and  town  shall  lunmedof 
notify  the  collector  of  taxes  in  such  city  or  town  of  the  exd8e"ta°x*. 
amount  of  excise  tax  assessed   therein  on  every  street 
railway  company  under  the  provisions  of  section  seven 
of  this  act,  and  the  collector  shall  forthwith  notify  the 
treasurer  of  every  such  street  railway  of  the  amount  of 
the  excise  tax  so  assessed  on  it.     Said  excise  tax  shall  be- 
come due  and  payable  to  such  city  or  town  within  thirty 
days  from  the  receipt  by  such  company  of  the  notice  of 
the  amount  of  said  excise  tax. 


742 


Acts,  1898.  —  Chap.  578. 


Provisions  to 
apply. 


Amounts  paid 
to  be  ajiplied  to 
construction, 
etc.,  of  public 
ways. 


Street  railway 
companies  not 
required  to 
keep  streets, 
etc.,  in  repair, 
ete. 


Liability  of 
street  railway 
company  for 
loas  or  injury. 


All  the  provisions  of  law  relating  to  the  collection  of 
taxes  on  property  taxed  locally,  so  far  as  the  same  are 
applicable,  shall  apply  to  the  excise  tax  assessed  under 
said  section  seven. 

Section  10.  All  amounts  paid  to  cities  and  towns 
under  the  provisions  of  sections  five,  nine  and  twenty- 
eight  of  this  act  shall  be  applied  towards  the  construction, 
repair  and  maintenance  of  the  public  ways,  and  removal 
of  snow  therefrom,  within  such  cities  and  towns. 

Section  11.  Street  railway  companies  shall  not  l)e 
required  to  keep  any  portion  of  the  surface  material  of 
streets,  roads  and  bridges  in  repair,  but  they  shall  re- 
main subject  to  all  legal  obligations  imposed  in  original 
grants  of  locations,  and  may,  as  an  incident  to  their  cor- 
porate franchise,  and  without  being  subject  to  the  pay- 
ment of  any  fee  or  other  condition  precedent,  open  any 
street,  road  or  bridge  in  which  any  part  of  their  railway 
is  located,  for  the  purpose  of  making  repairs  or  renewals 
of  the  railway,  or  any  part  thereof,  the  superintendent  of 
streets  or  other  officer  exercising  like  authority,  or  the 
board  of  aldermen  or  selectmen,  in  any  city  or  town 
where  such  are  required,  issuing  the  necessary  permits 
therefor.  Whenever,  during  the  original  construction  or 
subsequent  alteration  or  extension,  or  the  making  of  any 
such  repairs  or  renewals,  of  any  railway  or  any  part 
thereof,  said  surface  material  is  disturbed,  the  company 
owning  or  operating  such  railway  shall,  at  its  own  cost, 
except  as  otherwise  provided  in  this  act,  replace  to  the 
reasonable  satisfaction  of  the  superintendent  of  streets, 
or  other  ofiicer  exercising  like  authority,  said  surface 
material  with  the  same  form  of  construction  as  that  dis- 
turbed, or,  by  first  obtaining  the  approval  thereof  by 
such  officer,  with  a  difiercnt  material  and  form  o^  con- 
struction, and  shall  restore  said  street,  road  or  bridge  to 
as  good  condition  as  existed  at  the  time  of  sucli  disturl)- 
ance.  Every  street  railway  company  shall  be  lial)le  for 
any  loss  or  injury  suflered  by  any  person  in  the  manage- 
ment and  use  of  its  tracks  and  during  the  construction, 
alteration,  extension,  repair  or  renewal  of  its  railway,  or 
while  replacing  the  surface  of  any  street  distur])ed  as 
aforesaid,  and  resulting  from  the  carelessness,  neglect 
or  misconduct  of  its  agents  or  servants  engaged  in  the 
prosecution  of  such  work,  provided  that  notice  of  such 
loss  or  injury  is  given  to   the  company  and   an  action 


Acts,  1898.  — Chap.  578.  743 

therefor  commenced  in  the  manner  provided  by  section 
nineteen  of  clitipter  fifty-two  of  tlie  Public  Statutes  and 
acts  in  amendment  thereof.  Nothiniz;  in  this  section  shall 
be  construed  to  ati'ect,  enlarge  or  diminish  the  rights, 
duties  or  liabilities  of  any  street  railway  corporation  for 
or  concerning  the  construction  or  maintenance  of  any 
bridge  or  bridges,  or  parts  thereof,  which  any  private  per- 
son or  corporation  is  now  bound  or  legally  liable,  or  may 
hereafter  become  bound  or  legally  liable,  in  wdiole  or  in 
part,  to  construct  or  maintain. 

Section    12.      Street   railwa}^    companies    shall   clear  Tracks  to  be 
snow  from  their  tracks  in  such  a  manner  as  may  be  a})-  snowferj!" 
})roved  by  the  superintendent  of  streets,  or  by  any  other 
officer  exercising  like  powers  in  the  city  or  town  in  which 
such  tracks  are  situated. 

Section  13.  The  board  of  aldermen  of  a  city  or  the  Notice  to  be 
selectmen  of  a  town,  upon  the  petition  for  an  original  pytftlon^fTr 
location  of  tracks  in  such  city  or  town  by  a  majority  of  tkJII^e'tc!*"''^ 
the  directors  of  a  company  in  process  of  organization 
under  the  provisions  of  sections  two  to  six  inclusive  of 
chapter  one  hundred  and  thirteen  of  the  Public  Statutes, 
or  l)y  the  board  of  directors  of  a  corporation  organized 
under  said  chapter  or  under  a  special  act,  shall  give 
written  notice  to  all  parties  interested  of  the  time  and 
place  at  which  they  will  consider  such  petition,  at  least 
fourteen  days  before  the  meeting  of  such  board  or  select- 
men for  considering  said  petition,  by  pul)lication  in  one 
or  more  newspapers  published  in  said  city  or  town,  and 
if  none  such  is  published  then  l)y  publication  in  one  or 
more  newspapers  published  in  the  county  in  which  said 
city  or  town  is  located  ;  and  after  hearing,  if  in  their 
opinion  puldic  convenience  and  necessity  require,  they 
shall  grant  said  location  or  any  portion  thereof.  In 
granting  said  location  they  may  i)rescribe  the  manner  in 
which  said  tracks  shall  be  laid,  and  the  kind  of  rails, 
poles,  wires  and  other  a])pliances  which  shall  be  used, 
and  they  may  also  impose  such  other  terms,  conditions 
and  obligations  in  addition  to  those  applying  to  all  street 
railways  under  the  general  provisions  of  law,  as  the  pub- 
lic interest  may  in  their  judgment  require  ;  and  the  loca- 
tion thus  granted  shall  be  deemed  and  taken  to  be  the 
true  location  of  the  tracks  of  the  railway,  if  an  acce})t- 
ance  thereof  in  writing  by  said  directors  is  filed  with 
said  board  of  aldermen  or  with    said  selectmen  within 


74A 


Acts,  1898.  — Chap.  578. 


Owners  of  real 
estate  on  line 
of  location  may 
file  protest,  etc. 


Locations  here- 
tofore granted 
confirmed. 


Petition  for 
location  to  con- 
nect different 
cities  and 
towns,  etc. 


thirty  days  after  receiving  notice  of  the  granting  of  the 
location. 

If  either  the  majority  in  value  as  determined  by  the 
last  preceding  assessment  for  taxation,  or  not  less  than 
ten  in  number,  of  those  owning  real  estate  abutting  on 
any  public  way  in  which  a  location  of  a  street  railway  has 
been  granted  shall,  within  fifteen  days  after  the  granting 
of  such  location,  file  a  written  protest  with  the  board  of 
railroad  commissioners,  such  location  shall  not  l)e  valid 
so  far  as  such  way  is  concerned  until  approved  by  the 
board  of  railroad  commissioners  after  public  notice  and  a 
hearing.  No  company  shall  commence  construction  under 
an  order  of  a  board  of  aldermen  or  of  selectmen  granting 
a  location  as  aforesaid,  until  the  expiration  of  the  time  in 
which  such  protest  may  be  filed  with  said  board  of  rail- 
road commissioners,  nor,  in  case  such  protest  is  so  filed, 
until  said  board  of  railroad  commissioners  has  taken  final 
action  thereon  approving  the  same. 

All  locations  heretofore  granted  or  in  use  are  hereby 
ratified  and  confirmed,  as  if  accepted  under  the  provisions 
of  this  section,  and  shall  continue  in  force,  subject  only 
to  revocation  as  provided  in  section  seventeen,  and  to  all 
provisions,  restrictions,  regulations  or  conditions,  apply- 
ing to  all  street  railways  under  the  general  law  as  now  in 
force  except  so  far  as  changed  or  modified  by  this  act. 

Section  14.  Any  street  railway  company  whose  peti- 
tion for  an  original  location,  made  necessary  in  order  to 
connect  two  towns  or  cities  or  a  city  and  town,  has  in 
whole  or  in  part  been  granted  or  refused,  or  has  been 
neither  granted  nor  refused  in  such  connecting  town  or 
city  within  three  months  after  the  filing  thereof,  may,  at 
any  time  within  thirty  days  of  such  grant  or  refusal  of  a 
location,  or  of  the  expiration  of  said  three  months,  apply 
to  the  board  of  railroad  commissioners  for  such  location. 
If  it  shall  appear  at  a  hearing  on  said  application,  after 
such  notice  to  the  aldermen  or  selectmen  and  to  all  per- 
sons owning  real  estate  abutting  upon  any  way  in  which 
such  location  was  asked  for,  by  pu]>lication  or  otherwise, 
as  said  board  may  order,  that  the  company  has  already 
been  granted  and  has  duly  accepted  vocations  for  a  street 
railway  in  two  towns  or  cities,  or  a  town  and  city,  adjoin- 
ing the  city  or  town  in  which  such  location  has  been 
asked  for,  and  that  a  location  is  necessary  to  connect  such 
existing  locations,  said  board  may,  if  it  finds  that  pub- 


Acts,  1898. —  Chap.  578.  74:5 

lie  necessit}'  and  convenience  so  require,  enter  a  decree 
granting  a  connecting  location.  In  granting  the  location  conditions, etc., 
said  hoard  may  prescrihe  the  appliances  and  impose  the  pJTsed.^*™" 
conditions  and  obligations  which  are  specitied  or  referred 
to  in  section  thirteen  of  this  act  relative  to  the  granting 
of  original  locations.  Xo  company  shall  commence  con- 
struction under  an  order  of  a  board  of  aldermen  or  of 
selectmen  granting  a  location  as  aforesaid  until  the  expi- 
ration of  the  time  in  which  such  application  may  be  made 
to  the  board  of  railroad  commissioners,  nor,  in  case  such 
application  is  made,  until  final  action  thereon  has  been  had. 

Section  15.  The  board  of  aldermen  of  a  city  or  the  Location  may 
selectmen  of  a  town,  upon  the  petition  of  tifty  legal  eltlnsi'on'^of'"' 
voters  or  the  ])oard  of  directors  of  a  street  railway  com-  facks.etc. 
pany  whose  tracks  are  located  in  said  city  or  town,  and 
after  notice  and  hearing  as  proN^ided  in  section  thirteen 
of  this  act,  may  grant  a  location  for  the  extension  of 
the  tracks  of  such  company  and  prescribe  the  manner  in 
which  said  tracks  shall  be  laid  and  the  kind  of  rails,  poles, 
wires  and  other  appliances  which  shall  be  used  ;  but  they 
shall  not  impose  as  terms  or  conditions  of  such  grant  any 
obligations  other  than  or  in  addition  to  those  applying 
to  all  street  railways  under  the  general  law  in  force  at 
the  date  of  the  passage  of  this  act,  or  such  as  may  have 
been  imposed  in  the  original  grant  of  location  to  such 
company  in  such  city  or  town  subsequent  to  the  passage 
hereof.  The  provisions  of  section  thirteen  of  this  act  as 
to  acceptance,  and  as  to  protest  of  abutters  and  approval 
by  the  board  of  railroad  commissioners,  shall  apply  to 
grants  of  extensions  under  this  section. 

Section  16.  The  board  of  aldermen  of  a  city  or  the  Location  of 
selectmen  of  a  town,  upon  the  petition  of  the  board  of  ciiTa'^nged.^^ ^* 
directors  of  a  street  railway  company  whose  tracks  are 
located  in  said  city  or  town,  or  upon  the  petition  of  any 
interested  party,  after  notice  and  hearing  as  provided  in 
section  thirteen  of  this  act,  may  alter  the  location  of 
tracks  of  said  comjiany  in  the  manner  and  subject  to  the 
provisions  contained  in  section  fifteen  of  this  act.  Such 
alterations  shall  be  made  by  the  company  within  such  time, 
and  the  expense  thereof  shall  be  borne  by  such  party  or 
parties,  and  in  such  proportions,  as  the  board  of  aldermen 
or  selectmen  may  determine. 

Section  17.     The  l)()ard  of  aldermen  of  a  city  or  the  Location  may 
selectmen  of  a  town,  after  the  expiration    of  one    year  ^® '^'■°^*^' ^**" 


746 


Acts,  1898.  — Chap.  578.' 


Cars  may  be 
provided  for 
special  service 
and  at  special 
rates. 


Free  tickets  or 
passes  uot  to 
be  given,  except, 
etc. 


Proviso. 


When  highway 
is  widened  for 
purpose  of 


from  the  opening  for  use  of  a  street  railway  in  their  city 
or  town,  and  after  notice  as  provided  in  section  thirteen 
of  this  act  and  a  hearing,  if  the  public  necessity  and  con- 
venience in  the  use  of  the  streets  require,  may,  for  good 
and  sufficient  reasons  to  be  stated  in  the  order  therefor, 
order  that  the  location  of  any  street  railway  in  any  high- 
way or  street  shall  be  revoked ;  but  no  revocation  of  a 
location  of  a  street  railway  shall  be  valid  until  approved 
by  the  board  of  railroad  commissioners  after  public  notice 
and  hearing,  unless  the  company  consent  thereto  in  writ- 
ing w^ithin  thirty  days  after  such  order  of  revocation. 
Upon  revocation  approved  as  aforesaid,  the  company  shall 
remove  the  railway  in  conformity  with  the  order  of  revo- 
cation, and  shall  put  the  portion  of  the  surface  of  streets 
disturbed  by  such  removal  in  as  good  condition  as  the 
adjacent  surface  of  said  streets.  If  the  com})any  neglects 
to  execute  such  order  after  thirty  days'  notice  of  such 
approval  thereof,  the  board  of  aldermen  or  selectmen 
may  cause  the  same  to  be  executed  and  the  work  done 
at  the  expense  of  the  company,  to  be  recovered  in  an 
action  of  tort. 

Section  18.  Street  railway  companies  may  provide 
cars  for  special  service  and  may  make  special  rates  there- 
for ;  and  may  make  special  rates  for  working  men  and 
working  women  on  week  days  between  the  hours  of 
five  and  seven  in  the  morning  and  five  and  seven  in 
the  evening,  and  for  children  attending  school.  They 
shall  not  give  free  tickets  or  passes  to  any  state,  county 
or  municipal  official  or  to  any  person  in  the  employ 
of  the  Commonwealth  or  of  any  county,  city  or  town, 
except  policemen,  firemen,  and  letter  carriers,  in  uni- 
form :  2^^'ovided,  however,  that  free  tickets  or  passes  may 
be  given  by  any  street  railw^ay  company  to  any  per- 
son who  is  actually  connected  with  it  as  a  director  or  in 
any  executive  capacity.  The  violation  of  the  provisions 
of  this  section  l)y  a  company  may  be  alleged  as  a  misde- 
meanor in  any  hearing  under  the  provisions  of  section 
seventeen  of  this  act,  upon  appeal  from  an  order  of  a 
board  of  aldermen  or  of  selectmen  revoking  the  location 
of  such  company,  and  if  the  board  hearing  the  same  in 
its  discretion  so  decides  shall  constitute  valid  and  suffi- 
cient ground  upon  which  to  approve  of  the  revocation 
of  such  location  or  any  portion  thereof. 

Skctiox  1!'.  Whenever  a  street  or  highway  in  which 
there   are   no  street  railwav  tracks    located    is   widened 


Acts,  1898.  — Chap.  578.  747 

under  the  provisions  of  chapter  fifty-one  of  the  Pu1)lic  locating  tracks 
Statutes,  by  an  order  declaring  the  widening  to  lie  rendered  wry^company 
necessary  tor  the  pul)lic  convenience  for  the  purpose  of  pro^jortiouatr*^ 
granting  a  location  of  street  railway  tracks  therein,  as  fh^reof  ex- 

C  JT  ^  ...  .  peuse,  etc. 

prayed  for  by  a  pending  petition  for  such  location,  a  pro- 
portionate share  of  the  exijcnse  of  such  widening  may  be 
assessed  upon  a  street  railway  company  which  has  accepted 
a  location  in  said  street  or  highway  so  widened,  provided 
the  amount  of  such  assessment,  in  addition  to  the  amounts 
assessed  on  real  estate,  shall  not  exceed  one  half  of  the 
total  cost  of  said  widening. 

Section  20.     Whenever  a  street  or  highway  in  which  company  to 
the  tracks  of  a  street  railway  company  have  been  located  ate^sha^eo?^''"' 
for  a  period  of  five  years  is  altered,  or  the  grade  thereof  auerfnlor 
changed,  under  the  provisions  of  chapter  fifty-one  of  the  of^^l°^i^°fa^,'^''''^^ 
Public  Statutes,  said  company  shall  pay  such  a  proportion-  etc. 
ate  share  of  the  expense  thereof,  including  as  a  part  of  such 
expense  the  necessary  cost  of  changing  its  railway  to  con- 
form to  such  alteration  or  change  of  grade,  as  may  be 
assessed  upon  it,  provided  that  no  such  assessment  shall 
exceed  the  agoregate  amount  of  all  the  betterments  assessed 
upon  real  estate,  and  that  no  such  assessment  shall  exceed 
one  quarter  of  the  total  cost  of  such  alteration  or  change 
of  grade. 

Section  21.  The  provisions  relating  to  notice,  time  Provisions  of 
of  payment,  interest,  appeal  by  party  aggrieved,  and  all  '^^  *°  "^^  ^' 
other  provisions  of  chapter  fifty-one  of  the  Public  Stat- 
utes and  of  all  laws  relating  to  the  assessment  of  better- 
ments on  real  estate,  so  far  as  the  same  are  applicable, 
shall  apply  to  assessments  made  under  the  provisions  of 
sections  nineteen  and  twenty  of  this  act.  Said  assess- 
ments shall  be  collected  in  the  manner  provided  for  the 
collection  of  taxes  assessed  locally. 

Section  22.      A   street   railway   company   may   issue  capital  stock 
capital  stock  to  the  amount  which  the  board  of  railroad  way?o^mpanleB. 
commissioners  shall  find  to  have  1)een  actually  paid  by,  or 
to  have  liecome  a  legal  lialjility  of,  such  company  under 
the  provisions  of  sections  fifteen,  nineteen  and  twenty  of 
this  act. 

Section  23.     The  board  of  aldermen  of  a  city,  or  the  Revision  and 
selectmen  of  a  town,  or  fifty  legal  voters  of  a  city  or  town  fafes.*  *''°  " 
in  which  a  street  railway  is  located,  or  a  street  railway 
company  in  any  case  when  its  fares  have  been  revised 
under  this  section,  may  apply  to  the  board  of  railroad 
commissioners,  who,  after  due  notice  to  the  parties  inter- 


748 


Acts,  1898.  — Chap.  578. 


Authority  of 
elate  highway 
coramissiou 
over  certain 
highways,  etc. 


Siipervision  of 
courts. 


Repeal. 


ested  unci  a  hearing,  may  revise  and  regulate  the  fares 
cstal)lished  by  said  company  or  by  said  board ;  but  such 
fares  shall  not,  without  the  consent  of  the  company,  be 
reduced  below  the  average  rate  of  fare  charged  for  similar 
servMce  by  other  street  railway  companies  which,  in  the 
judgment  of  the  board  of  railroad  commissioners,  are  oper- 
ated under  su])stantially  similar  conditions.  Said  board 
in  considering  such  petition  shall  take  into  account  the 
etfect  upon  the  whole  railway  system  of  the  company  of 
any  desired  reduction.  The  report  of  the  board  shall  be 
tiual  and  conclusive  for  one  year. 

Section  24.  Whenever  a  street,  road,  bridge  or  other 
public  way  in  which  a  street  railway  location  has  been 
previously  granted  by  the  local  authorities  is  laid  out, 
taken  charge  of  or  constructed  by  or  under  authority  of 
the  state  highway  commission,  said  commission  shall  there- 
after, so  long  as  it  has  charge  thereof,  have  and  exercise 
with  regard  to  the  location  and  maintenance  of  street  rail- 
ways therein  the  same  authority,  in  the  same  manner  and 
subject  to  the  same  provisions,  as  is  conferred  l)y  this  act 
upon  boards  of  aldermen  and  selectmen,  such  authority 
to  be  exercised  in  the  same  manner,  subject  to  the  same 
provisions,  and  subject  to  the  same  rights  on  the  part  of 
abutters  and  street  railway  companies,  as  are  herein  pro- 
vided with  respect  to  the  relocation  and  maintenance  of 
street  railways  in  public  ways  not  under  the  jurisdiction 
or  charge  of  said  commission. 

Section  25.  The  supreme  judicial  court  and  the  su- 
perior court  shall  have  jurisdiction  in  equity  to  enforce 
the  provisions  of  this  act  and  to  restrain  the  violation 
thereof,  and  to  review  the  rulings  of  law  of  any  state 
board  or  commission  relative  to  street  railways,  and  to 
annul,  modify  and  amend  the  same  as  law  and  justice  may 
require ;  and  every  such  board  shall  keep  a  record  of  its 
proceedings  in  any  matter  considered  by  it  under  the  au- 
thority of  this  act  or  of  chapter  one  hundred  and  thirteen 
of  the  Public  Statutes  and  of  acts  in  amendment  thereof, 
or  other  acts  affecting  street  railways,  in  which  it  shall 
enter  every  request  made  by  any  party  before  it  for  a 
ruling  of  law  and  of  its  action  upon  such  request,  and  the 
neglect  to  either  grant  or  refuse  such  request  shall  be  taken 
in  any  judicial  review  of  such  proceedings  as  a  refusal. 

Section  26.  Sections  fifty-seven  and  fifty-eight  of 
chapter  thirteen  of  the  Public  Statutes,  so  tar  as  said 
sections  relate  to  the  distribution  of  taxes  assessed  and 


Acts,  1898.  — Chap.  578.  749 

collected  upon  the  corporate  franchise  of  street  railway 
coui[)auies  ;  section  thirty-two  of  chapter  one  hundred  and 
thirteen  of  the  Pul)lic  Statutes  ;  so  much  of  section  twenty- 
seven  of  said  chapter  one  hundred  and  thirteen  as  relates 
to  the  removal  of  snow  and  ice ;  sections  seven,  twenty- 
one,  twenty-two,  twenty-three,  twenty-four,  forty-four 
and  forty-tive  of  said  chapter  one  hundred  and  thirteen ; 
chajiter  tive  hundred  and  forty-one  of  the  acts  of  the  year 
eiiihteeu  hundred  and  ninety-six ;  and  all  other  acts  and 
parts  of  acts  inconsistent  herewith,  are  hereby  repealed ; 
subject  to  the  exception  contained  in  section  twenty- 
eight. 

Section  27.     Section  eight  of  chapter  one  hundred  and  ^if ^de^' ^  ^' 
thirteen  of  the  Public  Statutes  is  hereby  amended  by  strik- 
ing out  the  word  "  so",  in  the  second  line,  and  by  insert- 
ing after  the  word  "  located  ",  in  the  same  line,  the  words  : 
—  in  the  manner  provided  l)y  law,  — so  as  to  read  as  fol- 
lows :  —  Section  8.     AVhen  the  track  or  tracks  of  the  pro-  Corporations, 
posed  company  have  been  located  in  the  manner  provided  in^wrtaia 
by  law.  the  corporation  may  be  established,  and  the  first  '='*^®*- 
meeting  shall  l)e  called,  under  the  conditions  and  in  the 
manner  provided  for  railroad  corporations  in  sections  forty- 
three,  forty-four,  and  the  first  clause  of  section  forty-five, 
of  chapter  one  hundred  and  twelve,  which  provisions  shall 
apply  to  street  railway  companies  as  far  as  applicable  :  pro- 
vided, that  so  much  of  said  section  forty-four  as  requires  Proviso. 
an}'  payment  to  be  made  to  the  treasurer  in  excess  of  ten 
per  cent,  of  the  capital  stock  or  any  bond  or  assurance, 
shall  not  apply  to  street  railway  companies. 

Sectiox  28.  This  act  shall  take  eftect  on  the  first  day  when  to  take 
of  October  in  the  year  eighteen  hundred  and  ninety-eight,  ®  *^*=  > "  *'• 
except  as  to  sections  six  and  seven,  and,  as  to  those  sec- 
tions, this  act  shall  take  effect  on  the  first  day  of  October 
in  the  year  eighteen  hundred  and  ninety-nine,  but  for  the 
term  of  twenty-five  years  from  the  tenth  day  of  June  in 
the  year  eighteen  hundred  and  ninety-seven  this  act  shall 
not  apply  to  or  affect  the  Boston  Elevated  Railway  Com- 
pany or  any  railways  now  owned,  leased,  or  operated  by 
it,  or  the  opening,  widening  or  pa\'ing,  or  the  altering  or 
changing  of  any  grade,  of  any  street  or  highway  in  which 
it  operates  such  railway,  nor  shall  it  apply  to  snow  in  such 
street  or  highway,  and  the  acts  and  parts  of  acts  repealed 
by  section  twenty-six  hereof  shall  continue  during  said 
t€rm  in  full  force  so  far  as  they  relate  thereto  :  provided,  p^o^o. 
however,  that  the  taxes  now  or  hereafter  imposed  by  gen- 


750  Acts,  1898.  — Chap.  578. 

eral  law  consistently  with  the  provisions  of  section  ten 
of  chapter  live  hundred  of  the  acts  of  the  year  eighteen 
hundred  and  ninet^'-seven  upon  the  Boston  Elevated  Rail- 
way Company,  as  therein  provided,  and  the  taxes  or  ex- 
cises in  fact  imposed  upon  the  West  End  Street  Railway 
Company  at  the  date  of  the  passage  of  said  act,  except 
taxes  locally  assessed  upon  the  real  estate  and  machinery 
of  said  corporations  consistently  with  said  section,  shall 
be  paid  and  distributed  as  the  compensation  tax  imposed 
by  said  section  ten  upon  said  elevated  railway  company 
Provisos.  jj^  paid  and  distributed ;  and  provided,  further,  that  the 

return  by  the  Boston  Elevated  Railway  Company  to  the 
tax  commissioner  under  the  provisions  of  section  thirty- 
eight  of  chapter  thirteen  of  the  Public  Statutes  shall  also 
contain  a  statement  under  the  oath  of  the  treasurer  of  said 
company  giving  the  length  of  the  track  operated  by  it  in' 
each  city  and  town  in  the  Commonwealth  on  the  thirtieth 
day  of  September  next  preceding  the  date  of  the  return, 
w^hich  length  shall  be  determined  by  measuring  as  single 
track  the  total  length  of  all  track  operated  by  said  com- 
pany, including  sidings  and  turn-outs,  and  specifying  the 
length  of  such  track  in  each  city  and  town  which  is  owned 
by  it,  and  the  length  of  such  track  operated  by  or  leased 
to  it  in  each  city  or  town  which  is  owned  by  any  other 
company,  with  the  name  of  the  company  and  the  length 
of  track  in  each  city  or  town  owned  by  every  such  com- 
pany, and  provided,  furUier^  that,  prior  to  the  first  day 
of  November  in  each  year,  the  tax  commissioner  shall 
apportion  the  amount  of  the  tax  for  which  the  Boston 
Elevated  Railway  Company  and  any  other  street  railway 
company  whose  railways  are  now  owned,  leased  or  oper- 
ated by  it,  are  liable  under  the  provisions  of  chapter  thir- 
teen of  the  Public  Statutes,  among  the  several  cities  and 
towns,  in  proportion  to  the  length  of  tracks  owned  by  said 
Boston  Elevated  Railway  Company  and  by  each  of  said 
other  street  railway  companies  in  said  cities  and  towns 
respectively,  subject  to  appeal  to  the  board  of  apj^eal  con- 
stituted by  sections  sixty-one  and  sixty-two  of  said  chapter 
thirteen.  The  tax  commissioner  shall  notify  the  treasurers 
of  every  such  city  and  town  of  the  share  of  said  tax  so 
apportioned  to  each  city  and  town,  and  he  shall  also  cer- 
tify to  the  treasurer  of  the  Commonwealth  the  shares  thus 
apportioned  as  finally  determined  in  case  of  appeal. 

Apx)roved  June  23, 1S98. 


Acts,  1898.  — Chap.  579.  751 

An  Act  in  addition  to  the  several  acts  making  appropkia-  ni^nrr^  570 

TIONS    FOR    EXPENSES    AUTHORIZED    DURING  THE   PRESENT   YEAR, 
AND   FOR   CERTAIN   OTHER   EXPENSES   AUTHORIZED   HY   LAAV. 

Be,  it  enacted,  etc.,  as  follows: 

Section  1.  The  siiuis  hereinafter  mentioned  are  ap-  AppropnaUona. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
and  for  certain  other  expenses  authorized  l)y  law,  to 
wit :  — 

For  the  sahiry  of  the  assistant  re£cister  of  prol)ate  and  Assistant  regis. 

1  i-        /i  j_  i'   -»»■  1  m  ii         •        1     1         ter  of  probate, 

insolvency  tor  the  county  ot  Middlesex,  as  authorized  by  etc.,  county  of 
chapter  five  luindred  and  twenty  of  the  acts  of  the  present  eaiaryr*'^' 
year,  the  sum  of  four  hundred  sixteen  dollars  and  sixty- 
seven  cents,  the  same  to  be  in  addition  to  the  two  thou- 
sand dollars  appropriated  by  chapter  sixteen  of  the  acts 
of  the  present  year. 

For  additional  assistance  in  the  office  of  the  auditor  of  flstlnl°eTn  The 
the  Ccmunonwealth,  as  authorized  by  chapter  five  hundred  otBceoftiie 

'  "^  i  auditor. 

and  twenty-one  or  the  acts  ot  the  present  year,  a  sum 
not  exceeding  five  hundred  dollars,  the  same  to  be  in 
addition  to  the  twenty-five  hundred  dollars  authorized  by 
chapter  seventy-eight  of  the  acts  of  the  present  year. 

For  the  i)ayment  of  bounties  to  Massachusetts  volun- bounties  to 

,.,,  ,  ^  ■,  ,,  ,  Massachusetts 

teers,  as  authorized  by  chapter  nve  hundred  and  twenty-  volunteers. 
five  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
fifty  thousand  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  same  purpose. 

For  the  salaries  and  expenses  of  the  Massachusetts  Massachusetts 
state  highway  commission,  the  same  to  include  clerk  hire,  mi^sstony  *^°"" 
engineers  and  expenses  incidental  and  necessary  for  the 
performance  of  their  duties,  from  and  after  the  fourteenth 
day  of  June  in  the  present  year,  as  provided  for  by  chapter 
five  hundred  and  twenty-eight  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  fourteen  thousand  three  hun- 
dred dollars. 

For  the  erection  and  equipment  of  a  veterinary  labora-  Massachusetts 
tory  and  for  sundry  other  improvements  at  the  ]\Iassachu-  coYieg"e.'"'" 
setts  Agricultural  College,  as  authorized  by  chapter  one 
hundred  and  nine  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  twenty-eight  thousand  dollars. 

For  building  an  addition  to  the  state  normal  art  school  artschoou'*' 
building  in  the  city  of  Boston,  as  authorized  by  chapter 


'52 


Acts,  1898.  — Chap.  579. 


Chief  of  tlio 
district  police. 


Bradford's 
History  of 
I'lyrnoutli 
Plantation. 


Monument  on 

DorchcHter 

Ileighits. 


Woman's 
Charity  Club. 


Greylock  state 
reservation. 


War  records  in 
office  of  the 
adjutant- 
general. 


David  B.  Shaw, 
senator,  second 
Suffolk  district. 


Treasurer  and 
receiver  i^eu- 
eral,  clerical 
expenses. 


Purchase  of 
steamer  for 
hospital  pur- 
poses. 


Judges  of  regis 
tratioD,  etc., 
salaries. 


one  hundred  and  ten  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  thirty-five  thousand  dollars. 

For  certain  expenses  to  be  incurred  by  the  chief  of 
the  district  police  in  enforcing  the  laws  relative  to  inland 
fisheries  and  game,  as  authorized  by  chapter  one  hundred 
and  eleven  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  five  thousand  dollars. 

For  printing  additional  copies  of  Bradford's  History  of 
the  Plymouth  Plantation,  as  authorized  by  chapter  one 
hundred  and  twelve  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  two  thousand  dollars. 

For  the  erection  of  a  monument  on  Dorchester  Heights, 
as  authorized  by  chapter  one  hundred  and  thirteen  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  twenty- 
five  thousand  dollars. 

For  the  Woman's  Charity  Club,  as  authorized  by  chapter 
one  hundred  and  fourteen  of  the  resolves  of  the  present 
year,  the  sum  of  fifteen  thousand  dollars. 

For  expenses  in  connection  with  establishing  the  Grey- 
lock  state  reservation  in  the  county  of  Berkshire,  as  au- 
thorized by  chapter  five  hundred  and  forty-three  of  the 
acts  of  the  present  year,  the  sum  of  twenty-five  thousand 
dollars. 

For  preserving  war  records  in  the  office  of  the  adjutant- 
general,  as  authorized  by  chapter  one  hundred  and  fifteen 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
one  thousand  dollars. 

For  compensation  for  travel  and  attendance  of  David 
B.  Shaw,  senator  from  the  second  Suffolk  district,  as 
authorized  by  chapter  one  hundred  and  sixteen  of  the 
resolves  of  the  present  year,  the  sum  of  seven  hundred 
and  sixty  dollars. 

For  clerical  services  and  such  other  necessary  expenses 
as  the  treasurer  and  receiver  general  may  find  necessary 
to  enable  him  to  carry  out  the  provisions  of  sections  one 
and  two  of  chapter  five  hundred  and  sixty-one  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars. 

For  the  purchase  of  a  steamer  by  the  governor  for 
hospital  purposes,  as  authorized  by  chapter  one  hundred 
and  seventeen  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  fifty  thousand  dollars,  to  be  paid  out  of  the 
Massachusetts  War  Loan  Fund. 

For  the  salary  of  the  judge  of  registration,  the  sum 
of  eleven  hundred  and  twenty-five  dollars ;  for  the  salary 


Acts,  1898.  —  Chap.  580.  753 

of  the  assistant  judge  of  registration,  the  sum  of  one 
thousand  dollars ;  for  the  salaries  of  the  recorder,  assist- 
ant recorders,  examiners  of  titles,  and  all  other  expenses 
of  registering  and  confirming  titles  to  land,  a  sum  not 
exceeding  live  thousand  dollars,  all  of  which  is  authorized 
bv  chapter  live  hundred  and  sixty-two  of  the  acts  of  the 
present  ycuv. 

For  the  salaries  of  the  harbor  and  land  commissioners.  Harbor  and 
as  authorized  by  chapter  five  hundred  and  seventy-two  of  Btoners!"™^* 
the  acts  of  the  present  year,  the  sum  of  twenty-three  hun-  '"*''*"^«- 
drcd  dollars,  the  same  to  l)e  in  addition  to  the  sixty-four 
hundred  dollars  appropriated  by  chapter  one  hundred  and 
seven  of  the  acts  of  the  present  year. 

For  the  brothers  of  the  late  Henry  S.  Finan,  as  author-  Brothers  of 
izod  l)y  chapter  one  hundred  and  nineteen  of  the  resolves  of  FhTan. 
the  present  year,  the  sum  of  two  hundred  and  forty  dollars. 

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

Approved  June  23,  1898. 

Ax  Act  to  amend  chapter  fouk  hundred  and  ninety-six  of  rjJidj)  580 

THE   ACTS   OF  THE   YEAR   EIGHTEEN  HUNDRED   AND   NINETY-EIGHT 
RELATIVE   TO   SCHOOL   ATTENDANCE   AND   TRUANCY. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  Section  twenty-nine  of  chapter  four  hun-  isgs,  496.  §  29, 
dred  and  ninety-six  of  the  acts  of  the  year  eighteen  hun-  '*"^° 
dred  and  ninety-eight,  as  printed  in  the  pamphlet  edition 
of  the  acts  and  resolves,  is  hereby  amended  by  adding  at 
the  end  of  said  section  the  following  words  : — and  shall 
be  made  by  the  trustees  for  children  of  said  city,  who 
shall  hereafter  exclusively  have  and  exercise  the  powers 
given  to  the  institutions  commissioner  of  said  city  by 
said  chapter. 

Section  2.  Section  thirty-five  of  said  chapter  is  i898, 496.  § 35, 
hereby  amended  by  striking  out  all  of  said  section  be-  '""«°**®'^- 
tween  and  including  the  word  "section",  in  the  first 
lino,  and  the  word  "whenever",  in  the  eighth  line;  also 
\)y  striking  out  in  the  twentieth  line,  the  words  "di- 
rectors of  public  institutions ",  and  inserting  in  place 
thereof  the  words: — trustees  for  children, — also  by 
striking  out  in  the  twenty-second  line,  the  word  "di- 
rectors ",  and  inserting  in  place  thereof  the  word :  — 
trustees, — 

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

Approved  June  23,  1898. 


754 


Eesolves,  1898.  —  Chaps.  1,  2,  3. 


RESOLVES. 


Chaj).   1     Resolve  RELAxrv^E  to  the  pcblication   of  the   bulletin  of 

COMMITTEE    HEARINGS. 

Certain  bills  to        Resolvetl.  That  all  bills  contracted  under  the  order  au- 

be  approved  by       ...  ,        .     .  .  ■.         .  i  i-    i         i       ii    x- 

the  eergeant-at-  thorizing  thc  joint  couimittee  on  rules  to  pul)lisha  bulletin 
of  committee  hearings  and  matters  before  committees  shall 
be  paid  on  approval  of  the  sergeant-at-arms. 

Approved  January  28^  1898. 


Chaj).   2     Resolve  to  authorize  the  treasurer  to  borrow  money  in 

ANTICIPATION   OF  REVENUE. 


Treasurer  may 
borrow  money 
ia  auticiiKition 
of  revenue. 


Resolved^  That  the  treasurer  and  receiver  general  be 
and  he  is  herel)y  authorized  to  borrow,  in  anticipation  of 
the  receipts  of  the  present  year,  such  sums  of  money  as 
may  from  time  to  time  be  necessary  for  the  payment  of 
the  ordinary  demands  on  the  treasury,  at  any  time  before 
the  expiration  of  fifteen  days  after  thc  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary ;  and  that  he  repay  any  sums  he  may  borrow 
under  this  resolve  as  soon  as  money  sufficient  for  the  pur- 
pose, and  not  otherwise  appropriated,  shall  be  received 
into  the  treasury.  Approved  February  5,  1898. 


Chew      3       RkSOLVE     RELATIVE     TO     STATE     EXPENDITURES     BY     DEPARTMENTS 

AND   OFFICIALS. 


Expenditurefl 
liy  departments 
uiid  otficials. 


Resolved,  That  all  heads  of  departments  and  officials 
having  supervision  of  or  charge  of  expenditures  in  behalf 
of  the  Commonwealth,  for  which  no  appropriations  have 
been  made,  are  hereby  authorized  to  continue  the  several 
departments  of  service  under  their  charge  until  such 
appropriations  are  made  therefor  or  the  pleasure  of  the 
present  legislature  is  made   known  thereon. 

Approved  Ftbruary  5,  1898. 


Resolves,  1898.  — Chap.  4.  755 


Resolve  relative  to  a  high-level  sewku  for  the  relief  of  Qlidr),   4 

THE   CHARLES   AND   NEPONSKT   RIVER   VALLEYS., 

Hesolvedy  That  the  board  of  metropolitan  sewerage  com-  Metropolitan 
missioners  is  hereby  authorized  and  directed  to  consider  mi^sMoife^rs  to*' 
and  rej)ort  upon  a  high-level  system  of  sewerage  for  the  questfon  o'f'k 
Charles  and  Neponset  river  valleys.     It  shall  be  the  duty  g^^'grTJi'the 
of  said  board   :  —  First.     To  desijrnate  the  portions  of  the  charies  and 
cities  and  towns  which  shall  be  tributary  to  and  embrace  vaiieys. 
in    the   district  to  be    reported  upon,  and  to  define  the 
same  in  their  report  with  plans  and  maps,  and  said  dis- 
trict and  system  shall  thereafter  be  known  and  designated 
as  the  South  Metropolitan  System.     Second.     To  define 
and  show,  by  suitable  plans  and  maps,  such  trunk  line 
and  main  branches  as  it  shall  recommend  to  be  constructed, 
with  outlet.     Third.     To  consider  the  various    methods 
of  disposal  of  sewage  and  the  application  of  such  methods 
to  any  portion  of  the  territory  herein  mentioned,  and  to 
define  the  methods  by  which  the  cities  and  towns,  or  parts 
of  the  cities  and  towns,  may  utilize  said  trunk  line  and 
main  branches  as  an  outlet  of  a  system  of  sewerage  and 
drainage  for  the  cities  and  towns  and  said  parts  of  the 
cities  and  towns,  respectively,  and  to  show  the  same  by 
plans  and  maps.     Fourth.     To  employ  such  engineering 
and  other  assistance  as  may  be  necessary  for  carrying  out 
the  objects  of  this  resolve,  and  to  cause  such  surveys  and 
levels  to  be  made  as  will  show  on  the  plans,  with  sub- 
stantial accuracy,  the  location  and  grades  of  said  trunk 
line  and  main  branches,  and  also  such  surveys  and  levels 
in  the  cities  and  towns,  and  parts  of  the  cities  and  towns, 
as  will  enable  said  board  to  determine  the  methods    by 
which  the  cities  and  towns  may  respectively  utilize  said 
trunk  line  and  main  branches,  and  to  report  such  methods, 
with  plans  showing  the  main  lines  by  which  each  may  so 
provide  for  itself  a  system  of  sewerage  with  its  outlet  into 
said  trunk  line  or  main  branches.     Fifth.     To  define  the 
size  and  capacity  of  said  trunk  line  and  main  liranches, 
and  the  materials  of  which  they  should  be  constructed,  and 
the  manner  of  construction,  and  such  other  particulars  as 
will  enable  said  board  to  determine  the  i)robable  expense 
thereof;  and  to  ascertain  and  report  the  cost  of  the  con- 
struction of  said  trunk  line  and  main  l)ranchcs  and  outlet. 
All  expenses  incurred  by  said  board  under  the  provisions  Payment  of 
of  this  resolve,  but  not  to  exceed  thirtv  thousand  dollars,  ''"p®"*®** 


756 


Resolves,  1898.  —  Chap.  5. 


Proportions  to 
be  i)nicl  by  the 
citiei-  and 
towiiB  inter- 
ested. 


shall  be  paid  out  of  the  treasury  of  the  Commonwealth 
and  shall  be  assessed  by  the  treasurer  of  the  Common- 
wealth in  two  annual  instalments  for  the  years  eiirhteen 
hundred  and  ninety-eight  and  eighteen  hundred  and  ninety- 
nine,  upon  the  cities  and  towns  comprised  within  the  said 
systems,  at  the  following  rates,  the  same  being  the  pro- 
portions for  maintaining  and  operating  the  said  systems 
made  by  the  ap])ortionment  commission  in  its  report  to 
the  supreme  judicial  court  in  the  year  eighteen  hundred 
and  ninety-six  and  accepted  by  said  court,  to  wit :  —  Bos- 
ton, twenty-seven  and  twenty-seven  one  hundredths  per 
cent.  ;  Brookline,  eight  and  twelve  one  hundredths  per 
cent.  ;  Dedham,  nine  and  ninety-three  one  hundredths 
per  cent.  ;  Hyde  Park,  seventeen  and  seventy-six  one 
hundredths  per  cent.  ;  Milton,  eight  and  twenty-five  one 
hundredths  per  cent.  ;  Newton,  fourteen  per  cent.  ; 
Waltham,  ten  and  sixty-nine  one  hundredths  per  cent.  ; 
Watertown,  three  and  ninety-eight  one  hundredths  per 
cent.  On  or  before  the  first  day  of  May  in  the  3^ear 
eighteen  hundred  and  ninety-nine  said  board  of  metro- 
politan sewerage  commissioners  shall  make  a  report  to 
the  general  court  upon  the  matters  herein  referred  to  it, 
with  a  bill  for  carrying  out  any  recommendations  which 
it  may  see  fit  to  make.  Api^roved  February  15,  1898. 


ChcLV'   5     Resolve  relative  to  compiling,  indexing  and  publishing  the 

TJIiTTkUriB     CW     TTTT?     M  A  SB  A  riPTTTSli-rTS     TROnPS    ■VVlin     BITI^  VC-T"*     IV     TTTI? 


Revolutionary 
war  records. 


recokds  of  the  massachusetts  troops  who  served  in  the 
revolutionary  war. 

Resolved.,  That  the  secretary  of  the  Commonwealth  is 
hereby  authorized  and  directed  to  continue  the  preparation 
and  publication,  in  book  form,  of  an  indexed  compilation 
of  the  records  of  the  Massachusetts  soldiers  and  sailors 
who  served  in  the  army  and  navy  during  the  revolutionary 
war,  as  shown  in  the  archives  in  the  office  of  the  secretary, 
and  may  expend  therefor  a  sum  not  exceeding  six  thou- 
sand dollars.  The  sum  hereby  authorized  to  be  expended 
shall  be  in  addition  to  the  amount  authorized  by  chapter 
twenty-two  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety-seven,  and  the  compilation  shall  ])e  distributed 
as  therein  provided.  Approved  February  18,  1898. 


Resolves,  1898.  — Chaps.  6,  7,  8.  757 


Resolve  to  provide  fok  completino  the  survey  and  setting  C'lff/n    fi 

MONUMENTS    ON    THE    liOUNDARY    LINE    BETWEEN    THE    STATE    OP 
NEW   YORK   AND   THE   COMMONWEALTH   OF   MASSACHUSETTS. 

Resolved,  That  the  commissioners  on  the  topographical  ^euveen  Ne^ 
survey  and  map  of  Massachusetts  are  hereby  authorized  M^'^'^^h's-tts 
and  directed,  acting  with  any  officers  or  agents  who  may  be 
authorized  or  appointed  for  a  like  purpose  hy  the  state  of 
New  York,  to  compU'te  the  survey  of,  and  to  locate,  define 
and  mark  by  appropriate  monuments,  the  boundary  line 
between  the  state  of  l<<(i\y  York  and  the  Commonwealth 
of  ^lassachusetts,  and  are  authorized  to  expend  for  such 
]Mirj>ose  a  sum  not  exceeding  thirty-five  hundred  dollars, 
the  same  to  be  in  addition  to  the  amount  authorized  by 
chapter  twenty-five  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-seven.     Approved  February  19,  1898. 

Resolve  to  provide  for  completing  the  survey  and  setting  CJlinrt    7 

MONUMENTS    ON    THE    BOUNDARY   LINE    BETWEEN    THE    STATE    OK 
RHODE  ISLAND  AND   THE   COMMONWEALTH   OF   MASSACHUSETTS. 

Resolved,  That  the  commissioners  on  the  topographical  beTweeu'^Rhode 
survey  and  map  of  Massachusetts  are  hereby  authorized  i^'«nd  and 
and  directed,  acting  with  any  ofncer  or  agent  who  may 
be  authorized  or  appointed  for  a  like  purpose  by  the  state 
of  Khode  Island  and  Providence  Plantations,  to  complete 
the  survey  of,  and  to  locate,  define  and  mark  by  appro- 
priate monuments,  the  boundary  line  between  the  state  of 
Rhode  Island  and  Providence  Plantations  and  the  Com- 
monwealth of  Massachusetts,  and  are  authorized  to  expend 
for  such  purpose  a  sum  not  exceeding  fifteen  hundred  dol- 
lars, the  .same  to  be  in  addition  to  the  amount  authorized 
by  chapter  eightj'-eight  of  the  resolves  of  the  year  eight- 
een hundred  and  ninety-seven. 

Approved  February  19,  1898. 

Resolve  in  favor  of  charles  a.  hayden.  Chai).  8 

Resolved,  That  there  be  allowed  and  paid  out  of  the  chariesA. 
treasury  of  the  Commonwealth  to  Charles  A.  Hayden  of  ''^ 
Cohasset  the  sum  of  twenty-five  dollars,  being  an  amount 
paid  by  him  into  the  court  of  probate  and  insolvency  in 
the  county  of  Norfolk,  and  by  the  regi.ster  of  said  court 
paid  into  the  treasury  of  the  Commonwealth,  the  same 
amount  having  been  previously  paid  by  said  Hayden 
through  mistake  into  a  court  of  probate  and  insolvency 
in  another  county.  Approved  February  19,  1898. 


758  Kesolves,  1898.  — Chaps.  9,  10,  11,  12. 


Chcip.   9     Resolve  ix  addition  to  a  resolve  relative  to  state  expen- 

DITUKES    BY   DEPARTMENTS   AND  OFFICIALS. 

Espendituree^^       Resoluetl,  That  tliG  authoritj  to  continue  the  several 
etc.  '  departments  of  service  under  the  charge  of  heads  of  de- 

partments and  officials,  as  provided  for  by  chapter  three 
of  the  resolves  of  the  ])resent  year,  shall  he  construed  to 
authorize  the  payment  of  salaries  and  other  expenses  that 
may  become  due  during  the  month  of  February,  where 
appropriations  are  not  yet  made. 

Approved  March  1,  1898. 

(JliO.'P'   10  Resolve  in  favor  of  lemdel  burr. 

Lemuel  Burr.  liesolved,  That  thcrc  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  Lemuel  Burr  of  Cam- 
bridge the  sum  of  one  hundred  and  lifty  dollars,  in  con- 
sideration of  his  care  of  his  late  mother  and  aunt,  who 
were  members  of  the  Ponkapoag  tribe  of  Indians  and 
were  formerly  beneficiaries  of  the  Commonwealth. 

Approved  March  2,  1898. 

Chew.   11  Resolve  in  favor  of  althea  hazard,  a  member  of  the  uas- 

SANAMISCO   TRIBE   OF   INDIANS. 

Althea  uazard.  HesoJved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  Charles  B.  Sherman  of 
Oxford,  guardian  of  Althea  Hazard,  or  to  his  successors, 
an  annuity  of  two  hundred  and  fifty  dollars,  for  the  pur- 
pose of  meeting  the  expenses  of  an  attendant  and  for  the 
benefit  of  said  Althea  Hazard  of  Oxford,  a  survivor  of  the 
Hassanamisco  tribe  of  Indians,  for  the  rest  of  her  natural 
life,  beginning  on  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-eight,  and  payable  in  equal 
quarterly  instalments.  The  annuity  hereby  granted  is  in 
addition  to  the  annuity  of  two  hundred  dollars  authorized 
by  chapter  forty-four  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-five.  Approved  March  1,  1898. 

Chap.   12  Resolve  relative  to    completing    the    index    of    the    war 

RECORDS    AND    RE-WRITING    THE    WAR     RECORD      BOOKS     IN     THE 
OFFICE   or  THE   ADJUTANT   GENERAL. 

Index  of  war  Resolved.  That  there  be    allowed  and  i)aid  out  of  the 

treasury  of  the    Commonwealth  the  sum  of  twenty-five 


Resolves,  1898.  —  Chaps.  13,  14,  15.  759 


hundrod  dollars,  to  be  expended  under  the  direction  of 
the  iidjutiint  general  for  the  purpose  of  re-wri-ting  the 
record  books  for  permanent  preservation  ;  said  sum  to 
be  in  addition  to  any  unexpended  i)ortion  of  the  amount 
authorized  to  be  expended  for  said  purpose  by  chapter 
forty-nine  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety-seven.  Approved  March  2,  1898. 

Resolve  to  provide  for  preserving   war    records   ix    the  ^^«^    1 3 

OFl'ICE   OE  TUE   adjutant   GENERAL.  " 

liesolved,  That  there  be  allowed  and  paid  out  of  the  preserving  war 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fif-  '■*°°'^^®' 
teen  hundred  dollars,  to  be  expended  by  the  adjutant  gen- 
eral in  preserving  war  records  worn  by  age  and  use,  said 
sum  to  be  in  addition  to  any  unexpended  portion  of  the 
amount  authorized  to  be  expended  for  said  purpose  by 
chapter  seventy-five  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-seven.  Approved  March  2,  1898. 

Resolve  to  confirm  the  acts  of  george  edgar  avilliams  as  fiijfj^    "|4 
A  justice  of  the  peace.  "' 

Resolved,  That  all  acts  done  by  George  Edgar  Williams  George  Edgar 
of  Taunton  as  a  justice  of  the  peace,  between  the  twenty-  justice" f'the 
sixth  day  of  February  and  the  fifth  day  of  April  in  the  Confirmed! 
year  eighteen  hundred  and  ninety-seven,  are  hereby  con- 
firmed and  made  valid  to  the  same  extent  as  though  he 
had  been  during  that  time  qualified  to  discharge  the  duties 
of  said  office.  Approved  March  5,  1898. 

Resolve  ix  favor  of  timothy  crowley,  administrator.        OTinT)    I'll 
Resolved,  That  there  be  allowed  and  paid  out  of  the  Timothy 
treasury    of    the    Commonwealth   to   Timothy   Crowley,  ^™'^'«y- 
administrator  of  the  estate  of  James  Crowley,  the  sum 
of  one  hundred  and  ninety-nine  dollars  and  sixty-seven 
cents,  said  sum  being  the  amount  that  said  James  Crow- 
ley had  on  depo.sit  in   the   Emigrant    Savings  Bank,  as 
appears  by  the  list  on  file  in  the  office  of  the  auditor 
of  the  Commonwealth,  the  said  sum  having  been  allowed 
and  paid  l)v  mistake  to  Theo.  H.  Tyndale,  administrator 
for  one  James  Crowley,  who  was  not  the  person  entitled 
to  said  deposit.  Approved  March  3,  1898. 


7G0 


Kesolves,  1898.  — Chaps.  16,  17,  18. 


Chaj).  16 


James  R. 
Duubar. 


C7ia2).  17 

John  C.  Brack- 
enbury. 


Resolve  in  favor  of  james  k.  uunbar. 

Resolved,  That  there  l)e  allowed  and  })aid  out  of  the 
treasury  of  the  Commonwealth  to  James  K.  Dunbar  such 
sum  as  has  been  or  may  be  awarded  him  under  the  provi- 
sions of  chapter  one  hundred  and  eleven  of  the  resolves 
of  the  year  eighteen  hundred  and  ninety-six. 

Approved  March  5,  1898. 

Resolve  in  favor  of  john  c.  brackenbury. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  the  sum  of  thirty-five 
dollars  and  fifty  cents  to  John  C.  Brackenbury  of  Lynn, 
to  reimburse  him  for  time  lost  and  expenses  incurred  in 
consequence  of  an  injury  received  at  the  state  range  on 
the  seventeenth  day  of  April  in  the  year  eighteen  hun- 
dred and  ninety-seven,  while  in  the  service  of  the  Com- 
monwealth. The  sum  allowed  by  this  resolve  shall  be 
paid  only  to  said  Brackenbury  or  to  his  executor  or  ad- 
ministrator. Approved  March  8, 1898. 

ChciV'  18  Resolve  to  extend  the  authority  of  the  committee  to  in- 
vestigate the  subject  of  the  relations  between  street 
railways  and  municipal  corporations. 

ATithorityof  Resolved,  That  the  time  allowed  to  the  committee  ap- 

coramittee  to  ,  '  .  /.     i  i 

investigate  tiie  poRitcd  to  investigate  the  subiect  of  the  relations  between 
between  street  strcct  railways  and  municipal  corporations,  for  complet- 
munidpri"cor.  lug  their  inquiries  and  submitting  their  report,  is  hereby 
extended*  extcndcd  to  the  first  day  of  April  in  the  year  eighteen 

hundred  and  ninety-eight,  to  enable  said  committee  to 
report  the  result  of  their  investigations  in  print,  and  to 
prepare  the  appendix  to  their  report ;  and  for  the  purposes 
aforesaid  the  committee  may  incur  such  expenses  and  may 
employ  such  clerical  and  other  assistance  as  may  be  neces- 
sary, and  may  expend  therefor  a  sum  not  exceeding  twenty- 
five  hundred  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  authorized  to  be  expended.  The  ex- 
penses under  this  resolve  shall  be  apportioned  and  borne 
by  the  several  corporations  owning  or  operating  street 
railways  in  this  Commonwealth,  according  to  their  gross 
earnings,  and  shall  be  apportioned  by  the  tax  commis- 
sioner as  provided  in  section  three  of  chapter  five  hun- 
dred and  nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-seven.  Apjrroved  March  9,  1898. 


Resolves,  1898.  — Chaps.  19,  20,  21,  22.  761 


Mksolve    hilativk   to  the  appointment  of  a  committee  to  QJidj)    19 

INVESTIGATE  AND   REPORT  UPON  ARMORIES   AND   STATE   RANGES.  "' 

Resolved.  That  the  jjovernor  is  hereby  authorized  to  committee  to 

.     ,  ..,  *?  •    .  -•      i_<  •       •  1   investigate  and 

appoint  a  coiuniittee  to  consist  ot  live  com  missioned  report  on  »tate 
othcers  of  the  vohmteer  militia,  to  investigate  and  re-  rauge"?'"'"^ 
port  as  to  the  advisability  of  changing  the  militia  laws 
so  that  the  Commonwealth  shall  provide  all  armories, 
ranges,  and  a  state  range  for  the  volunteer  militia.  The 
committee  so  appointed  shall  serve  without  pay,  but  may 
expend  not  exceeding  one  thousand  dollars  for  clerical 
assistance  and  necessary  travelling  expenses.  They  shall 
report  to  the  governor  not  later  than  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  ninety-nine. 

Approved  March  10,  1898. 

Resolve  to  confirm  the  acts  of  thomas  mellen  as  a   reg-  njinv)    20 

ISTRAR   of   voters. 

Resolved,  That  all  the  acts  done  by  Thomas  Mellen  of  Thomas Meiien, 

'  ,  ,  -J  ^  registrar  of 

Edgartown  as  a  registrar  ot  voters  for  said  town,  between  voters,  acts 
the  first  day  of  May  in  the  year  eighteen  hundred  and  "^"^  '™^  ' 
ninety-five  and  the  eighteenth  day  of  February  in  the 
year  eighteen  hundred  and  ninety-eight,  are  hereby  con- 
firmed and  made  valid  to  the  same  extent  as  though  he 
had  been  during  that  time  qualified  to  discharge  the  duties 
of  said  office.  Approved  March  10,  1898. 

Resolve  in  favor  of  elijah  s.  darling.  QhofO*  21 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Elijahs. 
treasury  of  the  Commonwealth  to  Elijah  S.  Darling  of  ^^'"'^s. 
Boston  the  sum  of  six  hundred  dollars  annually  during 
his  natural  life,  payable  in  equal  quarterly  instalments, 
said  Darling  having  been  totally  disabled  from  perform- 
ing manual  labor  in  consequence  of  a  murderous  assault 
made  upon  him  ]\v  a  prisoner  in  the  state  prison  on  the 
tenth  day  of  August  in  the  year  eighteen  hundred  and 
ninety-seven  while  said  Darling  was  acting  in  the  dis- 
charge of  his  duty  as  a  turnkey  in  said  prison. 

Approved  March  12,  1898. 

Resolve  in  favor  of  the  town  ok  nantucket.  ChciT)    22 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Town  of  Xan- 
treasury  of  tlio  Commonwealth  to  the  town  of  Xantucket  '"''''^*" 
the  sum  of  forty-seven  dollars  and  twenty  cents,  being 


762  Eesolves,  1898.  — Chaps.  23,  24:,  25. 

the  amount  expended  by  said  town  in  caring  for  the 
crews  of  the  schooner  William  E.  McDonald  and  the 
brigantine  H.  C.  Sibley,  which  were  wrecked  on  the 
island  of  Nantucket  during  the  year  eighteen  hundred 
and  ninety-seven,  said  seamen  having  no  known  settle- 
ment in  this  Commonwealth.      Approved  March  12,1898. 

OhaV      23   Rf^SOLVE   TO   PROVIDE    FOR   PRrSTIXG    ADDITIOXAL    COPIES   OK    THE 

REPORT   OF   THE   ATTORXEV-GENERAL. 

Report  of  the         Resohccl,  That  there  be  printed  seven  hundred  and  fifty 
general".  additional  copies  of  the  report  of  the  attorney-general  for 

the  year  eighteen  hundred  and  ninety-seven. 

Apjproved  March  15,  1898. 

Chcin.   24  Resolve  relative  to  the  report  ok  the  hoard  ok  free  pub- 
lic  LIBRARY  COMMISSIOXEHS. 

Report  of  free  ResolveiJ,  That  the  board  of  free  public  library  commis- 
comraisgioners.  sioncrs  is  hcrebv  authorized  to  include  in  its  report  to  be 
made  in  January  in  the  year  eighteen  hundred  and  ninety- 
nine  a  sketch  of  the  free  public  libraries  of  the  state, 
with  illustrations  of  such  library  buildings  as  said  com- 
mission may  deem  expedient ;  and  two  thousand  extra 
copies  of  the  report  shall  be  printed  for  distribution  under 
the  direction  of  the  commissioners. 

Approved  March  15,  1898. 

GhciT).   25  Resolve  to  provide  for  the  publication  of  certain  special 

LAWS. 

Publication  of         HefioJred,  That  the  special  acts  of  this  Commonwealth, 
laws.  passed  from  the  year  eighteen  hundred  and  ninet^'-four  to 

the  year  eighteen  hundred  and  ninety-seven,  inclusive,  be 
collated  and  published  under  the  direction  of  the  secre- 
tary of  the  Commonwealth,  in  a  volume  as  nearly  as  may 
be  in  conformity  with  the  volume  of  special  laws  last 
printed. 

Resolved,  That  fifteen  hundred  copies  of  the  volume 
aforesaid  be  printed  and  distributed  as  follows: — One 
hundred  copies  for  the  use  of  the  various  state  offices  and 
committee  rooms  and  the  two  branches  of  the  legislature  ; 
one  copy  to  eacli  member  of  the  present  general  court ; 
one  copy  to  each  of  the  justices  of  the  supreme  judicial 
and  superior  courts  and  to  each  judge  of  probate  and 
insolvency ;  two  hundred  copies  for  the  state  library,  six 


Resolves,  1898.  — Chaps.  2(3,  27.  763 

copies  of  which  shall  be  preserved  upon  the  shelves,  and 
the  resjidue  used  in  exchanges ;  one  copy  to  each  city  and 
town  in  the  C'ounnonwealth,  to  be  placed  in  the  city  or 
town  library,  \Vhen  such  library  exists  ;  one  copy  to  each 
pul)lic  and  incorporated  library  in  the  Commonwealth, 
other  than  a  city  or  town  library  ;  one  copy  to  each  reg- 
istry of  deeds ;  one  copy  to  each  of  the  clerks  of  the 
courts  in  each  county ;  lift}'  copies  to  be  retained  in  the 
office  of  the  secretary  of  the  Commonwealth ;  and  the 
remaining  copies  to  be  disposed  of  by  the  secretary  of 
the  Commonwealth  to  individual  purchasers  at  cost,  the 
money  received  therefor  to  be  paid  into  the  treasury  of 
the  Commonwealth :  provided,  that  no  copies  shall  be  Proviso, 
sold  for  the  purpose  of  re-sale.  The  secretary  shall 
cause  to  be  pasted  on  the  inside  of  the  cover  of  each 
copy  delivered  by  him  to  any  public  officer  for  the  use 
of  his  office  a  paper  stating  said  fact,  and  that  such  copy 
is  to  be  transmitted  by  the  present  incumbent  at  the  ex- 
piration of  his  term  of  office  to  his  successor  in  such  office. 

Approved  March  15,  1898. 

Resolve  to  provide  for  certaix  improvements  at  the  state  {JfiQp^   26 

LUNATIC   hospital  AT   DANVERS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Lunatic  hospi- 
treasury  of  the  Commonwealth  a  sum  not  exceeding  sixty- 
tive  hundred  and  tifty  dollars,  to  be  expended  at  the  state 
lunatic  hospital  at  Danvers,  under  the  direction  of  the 
trustees  thereof,  for  the  following  purposes,  to  wit :  — 
For  furnishing  the  cottage  for  female  nurses,  a  sum  not 
exceeding  twenty-five  hundred  dollars ;  for  laying  asphalt 
or  tile  flooring  in  bath  rooms,  a  sum  not  exceeding  tifteen 
hundred  dollars  :  and  for  land  and  the  expense  of  a  sew- 
erage plant,  a  sum  not  exceeding  twenty-five  hundred  and 
tifty  dollars.  Approved  March  17,  1898. 

Resolve  to  provide  for  the  purchase  of  additional  land  QJidp^   27 

AND   FOR   CEKTAIX    REPAIRS    AT    THE    MASSACHUSETTS    REFORMA- 
TORY. 

Re.'foh'ed,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 

,.     ,        y^.  11  ,  !•  •         reformatory. 

treasury  ot  the  Commonwealth  a  sum  not  exceeding  nine 
thousand  dollars,  to  be  expended  at  the  ^Massachusetts  re- 
formatory under  the  direction  of  the  commissioners  of 
prisons,  for  the  following  purposes  :  —  For  the  purchase 


764  Resolves,  1898.  — Chaps.  28,  29,  30. 

of  additional  land,  a  sum  not  exceeding  six  thousand 
dollars,  and  for  repairing  oflScers'  houses,  a  sum  not  ex- 
ceeding three  thousand  dollars. 

Approved  March  22,  1898. 

CUldp.  28  Resolve  to  provide  for  certain  repairs   at  the  reforma- 
tory PRISON  FOR  WOMEN. 

Reformatory  Resolvetl,  That  thcrc  be  allowed  and  paid  out  of  the 

pnsou  for  />        i  /^  i    i  t 

women.  trcasury   oi    the    Commonwealth   a   sum    not    exceednig 

twenty-six  hundred  and  tifty  dollars,  to  be  expended  at 
the  reformatory  prison  for  women  under  the  direction 
of  the  commissioners  of  prisons,  for  the  following  pur- 
poses: —  For  painting  the  farm  buildings,  a  sum  not 
exceeding  two  thousand  dollars,  and  for  remodeling  the 
bath  rooms,  a  sum  not  exceeding  six  hundred  and  tifty 
dollars,  the  same  to  be  in  addition  to  the  amount  author- 
ized by  chapter  fifty-five  of  the  resolves  of  the  year  eight- 
een hundred  and  ninety-seven. 

Approved  March  22,  1898. 

CkaV-     29  RkSOLVE  relative  to  the  disposal  of   a    parcel   of   LAND   NEAR 
THE   REFORMATORY  PRISON   FOR   WOMEN. 

Reformatory  Resolvecl,  That  the  commissioners  of  prisons  are  hereby 

women.  authorized  and  directed  to  sell  and  convey,  in  the  name 

of  the  Commonwealth,  at  public  auction  or  otherwise, 
the  land  owned  by  the  Commonw^ealth  on  Herbert  street 
in  the  town  of  Framingham,  containing  about  fifty-three 
thousand  square  feet,  and  separated  by  said  street  from 
the  premises  of  the  reformatory  prison  for  women.  Said 
commissioners  shall  pay  the  proceeds  of  said  sale,  after 
deducting  any  necessary  expenses  in  connection  there- 
with, into  the  treasury  of  the  Commonwealth. 

Appro >H'd  March  22,  1898. 

Chap.   30  Resolve  to  provide  for  the  procuring  of  a  steamer  to  be 

I'SED   for  the   enforcement   OF  THE  FISH   AND   GAME   LAWS. 

Enforcement  Resolved,  That  there  be  allowed  and  paid  out  of  the 

of  nsh  and  <•     i        /  t  i   i  ^•  i^c 

name  laws,  troasury  of  the  Commonwealth  a  sum  not  exceedmg  fifty 
Bteam^rfor.  thousand  dollars,  to  be  expended  under  the  direction  of 
the  chief  of  the  district  police,  subject  to  the  approval 
of  the  governor  and  council,  for  procuring  a  steamer  to 
be  used  under  the  direction  of  said  chief  of  the  district 
police  in  enforcing  the  laws  of  the  Commonwealth  relat- 


Resolves,  1898.  — Chaps.  31,  32,  33.  765 

ini;  to  tish  and  iriune.  The  steamer  procured  under  the 
provisions  of  this  resolve  shall  be  built  in  this  Common- 
wealth. The  chief  of  the  district  police  is  hereby  author- 
ized to  sell  the  steamer  now  owned  by  the  Commonwealth, 
kiu)wn  as  the  Ocean  (lem,  and  he  is  directed  to  pay  the 
proceeds  of  such  sale  into  the  treasury  of  the  Common- 
wealth. Approved  March  22,  1S98. 


Chap,  31 


armers' 
uational 


Resolve  to  provii>e  kor  the  payment  of  certain  expenses 
ok  the  annual  convention  of  the  farmers'  national  con- 
gress to  be  held  in  the  year  eighteen  hundred  and 
ninety-nine. 

Besolved,  That  there  be  allowed  and  paid  out  of  the  f 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one  congress. 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  state  board  of  agriculture  for  the  purpose  of  meeting 
the  expenses  in  connection  with  holding  the  annual  con- 
vention of  the  farmers'  national  congress  in  the  city  of 
Boston  in  the  year  eighteen  hundred  and  ninety-nine. 

AjJjyroved  March  23,  1898. 

Resolve  to  provide  for  the  printing  of  five  hundred  ad-  rij.^^    09 

DITIONAL   copies   OF   THE   TENTH   REPORT   OF    THE    COMMISSIONER  -^' 

OF   PUBLIC  RECORDS. 

Resolved,  That  five  hundred  additional  copies    of  the  Report  of  com. 
tenth    report  of  the  commissioner  of  public  records  be  pubUc"eco°rd8. 
})rinted,  tifty  copies  to  be  bound  in  cloth,  to  be  distrib- 
uted under  the  direction  of  said  commissioner ;  the  entire 
expense  not  to  exceed  fifty  dollars. 

Approved  March  23,  1898. 

Resolve  relative  to  the  dedication  of  the  monument  erected  H'knrf^    SS 

BY  the   commonwealth   ON  THE    BATTLEFIELD   OF   ANTIETAM. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Dedication  of 

,  i?     U.I  /^  ^±^  1  T  inormnient  on 

treasury  01  the  Commonwealth  a  sum  not  exceedmg  biuuetieid  of 
thirty-five  hundred  dollars,  to  be  expended  under  the  ^"^"e^^"^- 
direction  of  the  governor  and  council  to  enable  the  Com- 
monwealth to  be  properly  represented  at  the  dedication 
of  the  monument  erected  under  the  provisions  of  chapter 
sixteen  of  the  resolves  of  the  year  eighteen  hundred  and 
ninety-six  on  the  battlefield  of  Antietam,  through  the 
following  officials:  —  His  excellency  the  governor,  or  his 
honor  the  lieutenant  governor,  and  six  members  of  the 


766  Eesolves,  1898.  — Chaps.  34,  35,  36. 

governor's  staflf,  four  members  of  the  executive  council, 
the  secretary  of  the  Commonwealth,  the  treasurer  and 
receiver  general,  the  auditor  of  accounts,  the  attorney- 
general,  the  president  of  the  senate,  the  speaker  of  the 
house  of  representatives,  the  joint  committee  on  military 
affairs,  a  special  committee  of  nine  members  of  the  senate 
and  twenty-two  members  of  the  house  of  representatives, 
to  be  appointed  by  the  presiding  officers  of  the  two 
branches,  respectively,  the  clerk  of  the  senate,  the  clerk 
of  the  house,  the  architect  of  the  monument,  the  members 
of  the  commission  appointed  under  the  authority  of  chap- 
ter tifty-one  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety-four,  and  the  sergeant-at-arms. 

Approved  March  23,  189 8. 

Chan    34  I^^-SOLve  to  provide  for  illustrations  in  a  report  of  the 

STATE   BOARD   OF   HEALTH. 

Report  of  gtate       Hesolved,   That   the   state   board   of  health    is   hereby 

uiustrations  in.'  authorized  to  cxpcud  out  of  the   appropriation  for  the 

l)oard  a  sum  not  exceeding  nine  hundred  and  fifty  dollars, 

for  the  purpose  of  reproducing  microscopic  illustrations  of 

the  disease  known  as  epidemic  cerebro-spinal  meningitis. 

Approved  March  24,  1898. 

CTiaV      35   I^ESOLVE     TO    CONFIRM     THE    ACTS    OF    GEORGE     P.    HAWKES    AS    A 

NOTARY  PUBLIC. 

George  P.  Resolved,  That  all  acts  done  by  George  P.  Hawkes  as 

notary'^pnbiic.  a  uotaiy  public,  bctwecn  the  twenty-fourth  day  of  July  in 
the  3'ear  eighteen  hundred  and  ninety-seven  and  the  second 
day  of  September  in  the  same  year,  are  hereby  confirmed 
and  made  valid  to  the  same  extent  as  though  he  had  been 
during  that  time  qualified  to  discharge  the  duties  of  said 
office.  Approved  March  25,  1898. 


acts  coofirnied. 


Chap.    36   KkSOLVE    in    FAVOR   OF    THE   MYLES   STANDISH    MONUMENT   ASSOCIA- 
TION. 

Monument''''^  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 
AesociatioD.  trcasury  of  the  Commonwealth  a  sum  not  exceeding  five 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  Myles  Standish  Monument  Association  for  making 
repairs  upon  the  ^Nlyles  Standi-sh  monument  in  the  town 
of  Duxbury  and  completing  the  same. 

Approved  March  25,  1898. 


Resol\t:s,  1898.  — Chaps.  37,  38,  39,  40.  767 


Resolve    to    provide    for    certain-    impuovements    at    the  Q]injy    37 

TAUNTON"   LUKATIC    HOSPITAL.  ^  * 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Taunton  luua- 
treasurv  of  the  Commonwealth  a  sum  not  exceeding  two  ^'"^  °^^^^ ' 
thousand  dollars,  to  be  expended  at  the  Taunton  lunatic 
hospital  under  the  direction  of  the  trustees  and  superin- 
tendent for  the  purpose  of  building  a  bay  window  on  the 
west  wing  and  for  other  necessary  repairs  at  said  institu- 
tion. Approced  March  25,  189S. 

Resolve  in*  favor  of  frank  a.  xewell.  Chan.   38 

Besolvedf  That  there  be  allowed  and  paid  out  of  the  Frank  a. 
treasury  of  the  Commonwealth  to  Frank  A.  Xewell  the 
sum  of  forty  dollars,  in  full  compensation  for  injuries 
received  by  a  horse  belonging  to  him,  at  the  annual 
encampment  of  troop  D,  first  battalion  of  cavalry,  second 
briirade,  Massachusetts  volunteer  militia,  at  Framingham, 
in  the  month  of  July  in  the  year  eighteen  hundred  and 
ninety-seven.  Approved  March  25,  189S. 


Chap,  39 


Boundary  line 
between  Man- 


KeSOLVE  to  provide  for  ax  EXAMIN'ATIOX  of  the  BOUN1)ARr 
LINE  BETWEEN  THE  COMMONAVEALTH  OF  MASSACHUSETTS  AND 
THE   STATE   OF   CON-N'ECTICUT. 

Resolved,  That  the  commissioners  on  the  topographical 
survev  and  map  of  Massachusetts  are  hereby  directed  to  sachusetts  and 

,.     ^.  •  •  .        1  'i  j^       ii       Connecucut. 

cause  a  prelimmary  examination  to  be  made  as  to  the 
})resent  condition  of  the  monuments  or  marks  detiniug 
the  boundary  line  between  this  Commonwealth  and  the 
state  of  Connecticut,  and  to  confer  with  the  authorities  of 
the  state  of  Connecticut  as  to  the  re-marking  of  said  line 
if  such  re-marking  is  found  to  be  necessary.  Said  com- 
missioners shall  include  in  their  next  annual  report  a 
statement  of  the  results  of  their  examination  and  con- 
ference, together  with  an  estimate  of  the  cost  of  re-marking 
the  line  in  a  substantial  and  permanent  manner.  For  the 
purposes  of  this  resolve  said  commissioners  may  expend 
a  sum  not  exceeding  five  hundred  dollars. 

Approved  March  29,  1898. 

Resolve  to  provide  for  the  purchase  of  suitable  apparatus  QJiQjy^  4() 

FOR  the   practical   EXA>nNATION   OF   ENGINEERS   AND   FIREMEN 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Esamination 

T  ofencineers 

treasury    01    the    Commonwealth   a    sum    not    exceediuff  ani  tiremen, 

*■  ""    apparatus  for. 


768  EESOLW.S,  1898.  — Chaps.  41,  42,  43. 

twenty-five  hundred  dollars,  to  be  expended  under  the 
direction  of  the  chief  of  the  Massachusetts  district  police 
for  the  purchase  of  suitable  apparatus  to  be  used  Ijy  the 
members  of  the  boiler  inspection  department  of  the  district 
police  in  the  examination  of  engineers  and  firemen. 

Approved  March  29,  1898. 

GhciT).  41  Resolve  in  favor  of  the  mother  of  the  late  james  e.  hayes. 
Moiiurof  liefiolved,  That  there  be  allowed  and  paid  out  of  the 

Hayes.  '  treasury  of  the  Commonwealth  to  Theresa  Hayes,  mother 

of  James  E.  Hayes  late  senator  from  the  second  Sattblk 
district,  the  salary  to  which  said  James  E.  Hayes  would 
have  been  entitled  had  he  lived  to  the  end  of  the  present 
session.  Approved  March  29,  1898. 

ChciV.  42  Resolve  in  favor  of  annie  e.  fitzgerald. 

Annie  E.  Hesolved,  That  there  be  allowed  and  paid  out  of  the 

'  ^sera  .  trcasury  of  the  Commonwealth  to  Annie  E.  Fitzgerald  of 
Xorth  Adams,  an  annuity  of  one  hundred  dollars  for  the 
term  of  two  years,  commencing  with  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  ninety-eight,  pay- 
able in  equal  quarterly  instalments,  to  be  used  by  her  in 
supporting  James  Haggerty,  the  minor  son  of  the  late 
Patrick  Haggerty  who  was  killed  in  the  Hoosac  tunnel 
on  the  eleventh  day  of  January  in  the  year  eighteen  hun- 
dred and  eighty-five,  while  in  the  employ  of  the  Common- 
wealth. If  the  said  James  Haggerty  should  die  before 
the  expiration  of  the  time  specified  in  this  resolve  said 
annuity  shall  cease.  Approved  April  1,  1898. 

Ghcip.   43  Resolve  granting  a  county  tax   for  the  county  of  bekmc- 

shire. 

Berkshire!'  Resolved,  That  the  following  sums  are  hereby  appro- 

priated for  the  expenses  of  the  county  of  Berkshire  for 
the  year  eighteen  hundred  and  ninety-eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  six 
thousand  five  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  salaries  of  county  oflScers  and  assistants,  fixed  hy 
law,  a  sum  not  exceeding  twelve  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding four  thousand  dollars. 


Resolves,  1808.  — Chap.  44.  769 

For  salaries  and  expenses  of  district  and  police  courts,  county  tax, 
a  sum  not  oxceedinij  twenty  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceodini>;  thirty  thousand  live  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding nine  thousand  five  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  four  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  one  hundred  and 
fifty  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  three  hundred  and  fifty 
doUars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  two  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  five  thousand  dollars,  including 
thirty-five  dollars  and  thirty-six  cents  to  pay  bills  due 
and  unpaid. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding five  thousand  dollars,  including  one  thousand 
dollars  to  pay  bills  due  and  unpaid. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  twelve  thousand  dollars. 

For  truant  schools,  a  sum  not  exceeding  one  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  one  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
one  hundred  and  sixteen  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Ajyproved  April  1,  189S. 

KeSOLVE   granting   a   county   tax   for  the   county   of   BRISTOL.    (JJidp^    44 

J^esoJve(K  That  the  following  sums  are  hereby  appropri-  county  tax, 
ated  for  the  expenses  of  the  county  of  Bristol  for  the  year  ^"*'*'^- 
eishteen  hundred  and  ninetv-eiffht :  — 


77(1  Resol\t:s,  180S.  —  Chap.  44. 

countv  ui,  Yor  interest  ou  oountv  debt,  a  sum  not  excoediuir  forty 

Bristol.  .,  '  C>  vf 

thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
ninety-tive  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  tixed  by 
law,  a  sum  not  exceeding  twenty-three  thousand  eight 
hundred  forty-six  dollars  and  forty-seven  cents,  including 
eight  hundred  forty-six  dollars  and  forty-seven  cents  to 
pay  bills  due  and  unpaid. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding tifteen  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-three  thousand  two  hundred 
and  tifty-four  dollars  and  seventeen  cents,  including  seven 
hundred  and  tifty-four  dollars  and  seventeen  cents  to  pay 
bills  due  and  unpaid. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  eighty-three  thousand  four  hundred  and 
four  dollars  and  twenty-four  cents,  including  three  thou- 
sand four  hundred  and  four  dollars  and  twenty-four  cents 
to  pay  bills  due  and  unpaid. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding twenty-live  thousand  tive  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  seventeen  thousand  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  eight  hundred  dollars 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  six  thousand  four  hun- 
dred and  forty-four  dollars  and  thirty  cents,  including 
four  hundred  and  forty-four  dollars  and  thirty  cents  to 
pay  bills  due  and  unpaid. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing two  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  fifteen  thousand  one  hundred 
twenty-seven  dollars  and  fifty-seven  cents,  including  three 
thousand  one  hundred  and  twenty-seven  dollars  and  fifty- 
seven  cents  to  pay  bills  due  and  unpaid. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  exceed- 
ing fifteen  thousand  four  hundred  and  fifty-three  dollars 


Resolves,  1898.  —  Chap.  45.  771 

and  one  cent,  includino;  one  thousand  four  hundred  and  ^'ristou^''' 
tit'ty-thrcc  dollar-s  and  one  cent  to  pay  bills  due  and  unpaid. 

For  highways,  bridges,  state  highways  and  land  damages, 
a  sura  not  exceeding  eleven  thousand  four  hundred  and 
ninety-nine  dollars  and  forty-five  cents,  including  fourteen 
hundred  and  ninety-nine  dollars  and  forty-five  cents  to 
pay  liills  due  and  unpaid. 

For  law  libraries,  a  sum  not  exceeding  three  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  six  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  five  thousand  three  hundred 
and  seventy  dollars  and  seventy-nine  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
three  hundred  and  sixty  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  i,  1898. 

Resolve  granting  a  county  tax  for  the  county  of  essex,    CJIiar).  45 

Resolved^  That  the  following  sums  are  hereby  appro-  conntytax, 
priated  for  the  expenses  of  the  county  of  Essex  for  the 
year  eighteen  hundred  and  ninety-eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  three 
thousand  three  hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty-five  thousand  five  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not 
exceeding  fifteen  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  forty  thousand  five  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  sixty-four  thousand  six  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not 
exceeding  twenty-eight  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-six  thousand  five  bun- 
dled dollars. 


772  Eesolves,  1898.  — Chap.  46. 

Eeeex"^  '^^'  ^^^  trm\  justiccs,  'd  suiii  not  exceeding  seven  thousand 

five  hundred  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  live  hundred  and  fifty 
dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  nine  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
four  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  four  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding thirteen  thousand  dollars. 

For  highways,  bridges  and  land  damages,  a  sura  not 
exceeding  thirty-six  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  ten  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  six  thousand  five  hundred 
and  fifty  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  provided  by  law,  the  sum 
of  two  hundred  and  eighteen  thousand  dollars,  to  be  ex- 
pended, together  with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  purposes. 

Approved  April  1,  1898. 

(JJlCtp,  46  Resolve  granting  a  countv  tax  for  the  county  of  franklin. 
County  tar,  Resolved,  That  the  following  sums  are  hereby  appro- 

priated for  the  expenses  of  the  county  of  Franklin  for  the 
year  eighteen  hundred  and  ninety-eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  two 
thousand  five  hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  six  thousand  four  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceedino;  fifteen  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceedinjr  six  thousand  five  hundred  dollars. 


Resolves,  1898.  —  Chap.  47.  773 

For  salarioy  of  jailers,  masters  and  assistants,  and  sup-  county  tai, 
port  of  prisoners  in  jails  and  houses  of  correction,  a  sum  ^^'■''°''''°- 
not  exceeding:  six  thousand  five  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  four  thousand  five  hundred 
dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  six  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  one  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
four  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  three  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding two  thousand  five  hundred  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  thirteen  thousand  one  hundred  and  fifty  dollars. 

For  truant  schools,  a  sum  not  exceeding  one  hundred 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  one  thousand  five  hundred 
and  fifty  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
fifty-five  thousand  dollars,  to  be  expended,  together  with  the 
cash  balance  on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes.  Approved  April  1,  1S98. 

Rr.SOLVE   GRANTrSG   A    COUNTY   TAX  FOR  THE  COUNTV  OF  HAMPDEN,   nfyfj^t      4-7 

Ref^olved,  That  the  following  sums  are  hereby  appro-  county  tax, 
priated  for  the  expenses  of  the  county  of  Hampden  for  ^*™p'**'°- 
the  year  eighteen  hundred  and  ninety-eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  thir- 
teen thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
thirty  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirteen  thousand  two  hundred 
dollars. 


774  Eesolves,  1898.  — Chap.  47. 

Ham"^Soir'  ^^^  clerical  assistance  in  county  offices,  a  sum  not  ex- 

ceediniT  ten  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-three  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  twenty-six  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-two  thousand  five  hun- 
di'ed  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  two  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  five  thousand  dollars,  in- 
cluding one  hundred  and  seventeen  dollars  and  nineteen 
cents  to  pay  bills  due  and  unpaid. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  Imild- 
ings,  a  sum  not  exceeding  thirty-two  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding nine  thousand  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  sixteen  thousand  dollars,  including  one  hun- 
dred and  seventeen  dollars  to  pay  bills  due  and  unpaid. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  five  thousand 
five  hundred  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  four  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
one  hundred  and  fifty-two  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  1,  189S. 


Resolves,  1898.  — Chap.  48.  775 


Resolve  granting  a  county  tax  for  thi:  county  of  Worcester.  (JJiQp^  4g 

liesolved.  That  the  following  sums  are  hereby  appro-  County  tax, 
})riatocl  for  the  expenses  of  the  county  of  Worcester  for  ^°''''^^'^'^- 
the  year  eighteen  hundred  and  ninety-eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  six 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
forty  thousand  dollars. 

For  sahuies  of  county  officers  and  assistants,  fixed  by 
hiw,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding thirty-five  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  forty-two  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  fifty-five  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding twenty  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-tive  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  six  thousand 
dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  nine  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  ten  thousand  dollars. 

P'or  auditors,  masters  and  referees,  a  sum  not  exceeding 
three  thousand  one  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  ten  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding tifteen  thousand  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  twenty-five  thousand  dollars. 

For  truant  schools,  a  sum  not  exceedins:  ten  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  ten  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  provided  by  law,  the  sum 


776  Eesolves,  1898.  — Chaps.  49,  50. 

of  two  hundred  and  seventy-three  thousand  dollars,  to  be 
expended,  toijethcr  with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  purposes. 

Approved  April  i,  1S9S. 

CJlCip.  49  Resolve  relative  to  the  rolls  of  the  colonial  forces  ix 

THE   LOUISBURG   EXPEDITION. 

itoiis  of  coio.         Resolved,  That  the  secretary  of  the  Commonwealth  be 

iilal  forces  in  i     i  •        i  i  i         •         t  i     • 

theLouiBburg  and  he  is  hereby  authorized  and  instructed  to  ascertain 
expe  ition.  ^^^^  report  to  the  general  court  whether  or  not  there  are 
in  existence  in  Halifax,  Nova  Scotia,  rolls  of  the  Massa- 
chusetts colonial  forces  engaged  in  the  Louisburg  expedi- 
tion of  the  year  seventeen  hundred  and  forty-tive,  and  in 
case  such  rolls  can  be  found,  whether  or  not  certified  copies 
thereof  can  be  obtained,  and  the  cost  of  obtaining  the  same. 

Approved  April  i,  1898. 

Chap.  50  Resolve  granting  a  county  tax  for  the  county  of  Hampshire. 

County  tox,  Resolved,  That  the  following  sums  are  hereby  appro- 

amps  ire.       ppiatcd  for  the  expenses  of  the  county  of  Hampshire  for 

the  year  eighteen  hundred  and  ninety-eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four 
thousand  seven  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
seven  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  seven  thousand  three  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceedinsr  three  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  seven  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  ten  thousand  five  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  five  thousand  three  hundred 
dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  three  hundred  dollars. 


Resolves,  1898.  —  Chaps.  51,  52.  777 

For  medical  examiners,  inquests,  and  commitments  of  n°"t^J^'ij*fy''e\ 
the  insane,  a  sum  not  exceeding  one  thousand  four  hun- 
ched dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
tive  lunulred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
'u\<fs,  a  sum  not  exceeding  four  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding four  thousand  three  hundred  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  seven  thousand  five 
hundred  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  five  hundred 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  two  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
autiiorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  provided  by  law,  the  sum 
of  sixty-five  thousand  dollars,  to  be  expended,  together 
with  the  cash  balance  ou  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes. 

Approved  April  6,  1898. 

Resolvk  to  provide  for  erecting  cook  houses  on  the  camp  CJJiaj),  51 

GROUND   AT   FRAMINGIIAM. 

Resolved  y  That  there  be  allow^ed  and  paid  out  of  the  campground  at 
treasury  of  the  Commonwealth  a  sum  not  exceeding  thirty-  cook  houses  at. 
two  hundred  dollars,  to  be  expended  by  the  quartermaster 
general  under  the  direction  of  the  governor,  for  the  pur- 
pose of  erecting  cook  houses  on  the  state  camp  ground  at 
Framingham.  Approved  April  6,  1898. 

Resolve  relative  to  the  soldiers'  monument  on  the  battle-  QJidj)^   52 

FIELD   OF   ANTIETAM. 

Resolved,  That  the  governor  is  hereby  authorized  and  ^^^fig^g^dVf" 
requested  to  convey  in  behalf  of  the  Commonwealth  to  Antietam. 
the  United  States  of  America  all  the  right,  title  and  in- 
terest of  the  Commonwealth  to  and  in  the  lot  of  land  on 
the   battlefield  of  Antietam  purchased  by  the   Common- 


778  Resol\t5S,  1898.  — Chap.  53. 

wealth,  and  the  soldiers'  monument  erected  on  said  land 
under  the  provisions  of  chapter  sixteen  of  the  resolves 
of  the  year  eighteen  hundred  and  ninety-six,  the  United 
States  government  having  agreed  through  the  national 
Antietam  commission  to  take  perpetual  care  of  said  land 
and  monument  on  condition  that  the  same  be  conveyed 
by  the  Commonvrealth  to  the  United  States. 

Approved  April  6,  1898. 

Chew.    53  I^ESOLVE  GRANTING  A  COUNTY  TAX  FOR  THE  COUNTY  OF  MIDDLESEX. 

County  tax,  Rcsolved.  That  the  following  sums  are  hereby  api)ro- 

Middlesex  »  */        j   i 

priated  for  the  expenses  of  the  county  of  Middlesex  for 
the  year  eighteen  hundred  and  ninety-eight  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  fort}' 
thousand  five  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
forty-six  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirty-four  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding sixty-seven  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  seventy  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  one  hundred  and  ten  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not 
exceeding  thirty-six  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  fifty  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  three  thousand 
two  hundred  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  six  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  twelve  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing seven  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  thirty  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding thirty  thousand  dollars. 


Resolves,  1898.  —  Chaps.  51:,  55,  r^6.  779 

For  hiirhways,  including  state  highways,  bridges  and  M^ddiJel"' 
land  damages,  a  sum  not  exceeding  thirty-two  thousand 
tive  hundred  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  sixteen  thou- 
sand dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  tive  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  provided  by  law,  the  sum 
of  four  hundred  and  forty-eight  thousand  dollars,  to  be 
expended,  together  with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  purposes. 

Approved  April  12,  1898. 

l^ESOLVE    TO    PROVIDE    FOR    THE    ESTABLISHMENT    OF    AN    ELECTRIC   CjJ^Q/n      KA 
LIGHT   PLANT   AT   THE    STATE    PRISON.  "* 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Electric  iight 
treasury    of   the    Commonwealth   a    sum    not    exceeding  8ta"eVri8on. 
thirteen  thousand  dollars,  to  be  expended  by  the  warden 
of  the  state  prison,   with  the  approval   of  the  commis- 
sioners of  prisons,  in  providing  an  electric  light  plant  at 
the  state  prison.  Approved  April  12,  1898. 


Chap.  55 


Resolve  relative  to  the  distribution  of  the  Massachusetts 
military  and  naval  history. 

Rewh'ed,  That  such  copies  of  the  Massachusetts  mill-  Massachusettrt 

1  1    1   •  II         mi  T«r        i  .1     imlitary  una 

tarv  antl  naval  history,  ])repared  by  Ihomas   VV  entworth  navai  history, 

H.'.  ,,  •^'•J.  ^  lu'i'  1-  distribution  of. 

iggmson,   state  military  and  naval   historian,  as  have 

been  assigned  to  members  of  the  general  court  of  the 
years  eighteen  hundred  and  ninety- four  and  eighteen 
hundred  and  ninety-five  and  have  not  been  called  for  by 
such  members,  shall  be  subject  to  distribution  at  the  dis- 
cretion of  the  secretary  of  the  Commonwealth,  or  may  be 
sold  by  said  secretary  as  pro\nded  in  chapter  sixty-two 
of  the  resolves  of  the  year  eighteen  hundred  and  ninety- 
five.  Approved  April  12,  1898. 

I'lESOLVE     TO    PROVIDE     FOR    THE     PURCHASE     OF     EQUIPMENT     FOR  (^Jidj)^    55 
THE    FIRST   REGIMENT   OF   HEAVY   ARTILLERY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Equipment  for 
treasury  of  the  Commonwealth  a  sura  not  exceeding  thirty-  heavy  artiiiery. 


780 


Eesolves,  1898.  —  Chaps.  57,  58,  59. 


tivc  hundred  dollars,  to  be  expended  by  the  quartermaster 
general,  under  the  direction  of  the  trovernor,  for  the  pur- 
chase of  eq.uipmeut  for  the  instruction  of  the  tirst  regiment 
of  heavy  artillery,  Massachusetts  volunteer  militia. 

Approved  April  12,  1S98. 


Chup.  57  Resolve  to  provide  for  the  construction  of  a  new  school 

BUILDING   AT   THE   LYMAN   SCHOOL   FOR   BOYS. 


Lyraan  school 
for  boys. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding 
twenty-five  thousand  dollars,  to  be  expended  under  the 
direction  of  the  trustees  of  the  Lyman  and  industrial 
schools,  for  the  purposes  of  constructing,  and  furnishing 
ready  for  occupancy,  a  new  school  building  at  the  Lyman 
school  for  boys.  Approved  April  12,  1898. 


Chap,  58  Resolve  to  provide  for  printing  the  report,  with  appen- 
dices, OF  THE  SPECIAL  COMMITTEE  APPOINTED  TO  INVESTIGATE 
THE  SUBJECT  OF  THE  RELATIONS  BETWEEN  CITIES  AND  TOWNS 
AND   STREET   RAILWAY   CORPORATIONS. 


Report  on  sub- 
ject of  relations 
between  cities 
and  towns  and 
street  railway 
corporations. 


Chap. 


Resolved,  That  three  thousand  copies  be  printed  in 
pamphlet  form  of  the  report,  with  the  appendices,  of  the 
special  committee  appointed  to  investigate  the  subject  of 
the  relations  between  cities  and  towns  and  street  railway 
corporations,  to  be  distributed  under  the  direction  of  the 
secretary  of  the  Commonwealth,  at  an  expense  not  exceed- 
ing the  sum  of  seven  hundred  dollars. 

Approved  April  12,  1898. 


59  Resolve  relative   to  the  publication  of   the  proceedings 
commemorating    the    centennial    of   the    bulfincii    state 

HOUSE. 


Proceedings  on 
centennial  of 
the  Bulfinch 
state  house, 
publication  of. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two 
thousand  dollars,  to  meet  the  expense  of  publishing  the 
prayer  by  the  chaplain,  the  address  by  His  Excellency 
Governor  Roger  Wolcott,  and  the  historical  address  by 
Alfred  8.  Roe  of  Worcester,  delivered  in  the  senate 
chamber  on  the  eleventh  day  of  January  in  the  present 
year.  Said  proceedings  shall  be  printed  under  the  direc- 
tion of  the  secretary  of  the  Commonwealth,  who  shall 
cause  to  be  insei'ted  in  the  same  volume  with  said  pro- 
ceedings portraits  of  the  governor  and  lieutenant  governor 
of  the  Commonwealth ;    also  those  of  governor  Samuel 


Kesol\ti:s,  1898.  — Chap.  60.  781 

Adams  and  Paul  Revere,  who  laid  the  corner  stone  of  the 
BuUuu'li  state  house  ;  Charles  Bultinch  ;  president  George 
E.   Smith;   speaker  John  L.  Bates;    chaplains   Edmund 
Dowse  and  Daniel  W.  Waldron ;  ex-speakers  Samuel  and 
John  riiillips  ;  ex-governor  George  S.  Boutwell ;  Alfred 
S.  Roe ;  clerks  Stephen  N.  Gitibrd  and  Henrj  D.  Cool- 
idge ;    also   two    views  of   the  old    senate  chamber,  two 
views  of  the  present  senate  chamber,  and  views  of  the 
BultiiK'h  state  house,  the  temporary  senate  chamber  occu- 
pied in  the  year  eighteen  hundred  and  ninety  seven,  the 
council  chamber,  and  the  governor's  room  ;    also  a  list  of 
the  names  of  the  members  of  the  executive  council  and  its 
clerk,  and  of  the  senate  and  house  of  representatives  and 
their  respective  clerks  for  the  year  eighteen  hundred  and 
ninety-eight.     There  shall  be  printed  a  sufficient  number 
of  copies  thereof  to  be  distributed  as  follows: — To  the 
governor,  twenty  Hve  copies,  and  to  the  lieutenant  gov- 
ernor, the  members  of  the  executive  council,  the  secretary, 
treasurer,  auditor,  and  attorney-general  of  the  Common- 
wealth, and  the  secretaries  and  messengers  of  the  execu- 
tive department,  each  one  copy.     To  each  member  and 
otHcer  of  the  general  court  for  the  year  eighteen   hundred 
and    ninety-eight,   twelve  copies.     To  each    doorkeeper, 
watchman,  messenger  and  page  of  the  general  cpurt,  one 
copy.     To  each  reporter  regularly  assigned  a  seat  in  the 
reporter's  gallery,  one  copy.     To  the  author  of  the  his- 
torical address,  twenty-five  copies.     To  each  senator  and 
representative  from  the  Commonwealth  in  the  congress  of 
the  United  States,  one  copy.     To  the  state  library,  fifty 
coi)ies.     To  each   free   public  library  in   the    Common- 
wealth, one  copy.     To  each  city  and  town  in  the  Com- 
monwealth in  which  there  is  no  free  public  library,  one 
copy.     To  such  historical  societies  in  the  Commonwealth 
as  may  be  designated  by  the  secretary  of  the  Common- 
wealth, each  one  copy.     To  each  state  and  territory  in 
the  United  States  and  to  the  congressional  library,  one 
copy.     To  the  secretary  of  the  Commonwealth  for  distri- 
l)ution  in  his  discretion,  two  hundred  copies. 

Approved  April  12,  1898. 

Resolve  to  provide  for  the  establishment  of  a  fish  hatch-  QJidp.   60 

ERV   IN   THE   COUNTY   OF   BERKSHIRE. 

Resolved,  That  there  be  allowed  and  imid  out  of  the  Fishhatchery 

'         ,  ,  '^  ,.  in  the  county 

treasury    ot    the    Commonwealth   a    sum    not    exceedmg  of  Berkshire. 


782  Resolves,  1898.  — Chaps.  61,  62,  63. 

twent^'-live  hundred  dollars,  to  be  expended  under  the 
direction  of  the  commissioners  on  inland  fisheries  and 
game  for  the  purpose  of  establishing  and  maintaining  in 
the  county  of  Berkshire  a  hatching  house  for  the  ])ropa- 
gation  of  trout,  salmon  and  other  fish  suitable  for  the  in- 
land waters  of  this  Commonwealth,  and  for  the  purchase 
of  land  and  the  erection  of  buildings  necessary  for  that 
purpose.  Approved  April  12,  1898. 


Chcip.   61  Resolve  in  favou  of  minnie  e.  squire. 

MinuieE.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

S  ("I  u  i  rti  

treasury  of  the  Commonwealth  to  ]\Iinnie  E.  Squire  the 
sum  of  one  thousand  dollars,  in  full  compensation  for  in- 
juries received  by  her  as  the  result  of  a  collision,  occur- 
ring without  her  fault,  between  a  carriage  in  which  she 
was  seated  and  a  vehicle  belonging  to  the  Massachusetts 
reformatory,  in  charge  of  one  of  the  convicts  committed 
to  said  institution.  Approved  April  12,  1898. 

Chat)'  62  Resolve  in  favor  op  eben  s.  cdrtis. 

Eben  8.  Curtis.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
Metropolitan  Parks  Loan  Fund  to  Eben  S.  Curtis  the 
sum  of  twenty-five  hundred  dollars,  in  full  compensation 
for  injuries  received  by  said  Curtis  while  acting  in  the 
discharge  of  his  duty  at  the  bath  house  at  the  Revere 
Beach  reservation,  in  the  month  of  August  in  the  year 
eighteen  hundred  and  ninety-seven. 

xipproved  April  12,  1898. 

ChaV'  63  Resolve    to    provide   for   the    purchase    of   land    at    the 

WESTBOROUGH   INSANE   HOSPITAL. 

wcBtborouKh  Resolved,  that  there  be  allowed  and  paid  out  of  the 
oBpi  a .  ^j.gjjg^j,^  Q^  |.|^p  Commonwealth  a  sum  not  exceeding  four 
thousand  four  hundred  and  forty-two  dollars  and  thirty- 
two  cents,  to  be  expended  at  the  Westborough  insane 
hospital  under  the  direction  of  the  trustees  thereof  for 
the  following  purposes  :  —  For  the  purchase  of  the  I  leath 
farm,  a  sum  not  exceeding  twenty-seven  hundred  dollars; 
for  the  purchase  of  the  Houghton  farm,  a  sum  not  ex- 
ceeding sixteen  hundred  dollars,  and  for  one  acre  of  land 
already  purchased  by  said  trustees,  the  sum  of  one  hun- 
dred and  forty-two  dollars  and  thirty-two  cents. 

Approved  April  14,  1898. 


Resolves,  1898.  — Chats.  64,  65,  m,  67,  68.  783 


Rp:solve  in  kavor  ok  the  Massachusetts  charitable  eye  and  QJiq^    QA 
ear  infirmary.  "' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusettg 
treasury    of    the    Conniiouwealth    to    the    Massachusetts  ^^akI^^ ^^* 
Charitable  Eve  and  Ear  lurtrniary  the  sum  of  twenty-five  in*i''™ary- 
thousand  dollars,  to  be  expended  under  the  direction  of  the 
niaiuitjers  thereof  for  the  charitable  purposes  of  said  infirm- 
ary during  the  present  year.       Approved  April  14,  1898. 

Resolve  to  provide  for  certain  improvements  at  the  mas-  nhnr,)    P.K 
sachusetts  school  for  the  feeble-minded.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Maseachusette 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three  FeeWe  minded. 
thousand  dollars,  to  be  expended  at  the  Massachusetts 
School  for  the  Feeble-minded  under  the  direction  of  the 
trustees  of  said  institution,  for  a  new  boiler  and  an  addi- 
tional electric  plant.  Ai:)proved  April  14,  1898. 

Resolve  in  favor  of    the    Massachusetts    school   for   the  nijf,^    fjg 
feeble-minded.  "' 

Resolved,  That  there  be  allowed  and  paid  annually  out  Massachusetts 
of  the  treasury  of  the  Commonwealth  to  the  treasurer  of  Feewe-minded. 
the  Massachusetts  School  for  the  Feeble-minded,  for  the 
use  of  said  school,  the  sum  of  thirty-five  thousand  dollars, 
to  be  payable  in  equal  quarterly  instalments,  commencing 
on  the  first  day  of  January  in  the  year  eighteen  hundred 
and  ninety-eight.  Approved  Aioril  14,  1898. 

Resolve  in  favor  of  hobart  w.  cummings.  Chav»  67 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Hobart  w. 
treasury  of  the  Commonwealth  to  Hobart  W.  Cummings  C"'^'«i'»g«- 
of  Lynn  the  sum  of  one  hundred  and  eighteen  dollars,  as 
compensation  for  injuries  received  while  on  duty  as  a 
meinl)er  of  company  I),  eighth  regiment,  infantry,  Massa- 
chusetts volunteer  militia,  at  the  annual  encampment  of 
the  regiment  in  the  year  eighteen  hundred  and  ninety- 
seven.  Approved  April  14,  1898. 

Resolve  relative  to  Bradford's  history  of  the  Plymouth  rijjnjy    gg 

PLANTATION.  "' 

ffpaolved.  That  there  be  allowed  and  paid  out  of  the  Bradford's 

/•ji/i  It  Ij.  ]•  History  of  the 

tieasury  of  the  Commonwealth  an  amount  not  exceeclmg  Plymouth 
two  thousand  five  hundred  dollars  in  addition  to  the  sum  p'*"*""""- 


784  Eesolves,  1898. —Chaps.  69,  70,  71. 

provided  in  chapter  ninety-one  of  the  resolves  of  the  year 
eighteen  hundred  and  ninety-seven,  for  printing  Brad- 
ford's history  of  the  Plymouth  Plantation.  In  addition  to 
the  distribution  provided  for  in  said  resolve  copies  shall 
be  distributed  as  follows :  —  To  each  member  and  officer 
of  the  general  court  for  the  year  eighteen  hundred  and 
ninety-eight  who  was  not  a  member  or  officer  of  the  gen- 
eral court  for  the  year  eighteen  hundred  and  ninety-seven, 
twelve  copies ;  to  each  doorkeeper,  messenger  and  page 
of  the  general  court  of  the  year  eighteen  hundred  and 
ninety-eight  who  was  not  a  doorkeeper,  messenger  or 
page  of  the  general  court  for  the  year  eighteen  hundred 
and  ninety-seven,  one  copy  ;  to  the  state  library,  thirty 
copies.  Copies  may  be  sold  by  the  secretary  of  the  Com- 
monwealth at  a  price  not  less  than  the  cost  thereof,  and 
additional  copies  may  be  printed  for  sale,  at  the  discre- 
tion of  the  secretary,  the  expense  thereof  to  be  paid  from 
the  receipts  from  such  sales.       Aiyproved  April  14,  1898. 

(JJiap.  69  Resolve  in  favor  of  john  c.  hush. 

johncirieh.  Besolvecl,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  John  C.  Irish  of  Lowell 
the  sum  of  two  hundred  and  fifty  dollars,  for  professional 
services  rendered  to  Sarah  Jane  Robinson,  a  state  prisoner 
confined  in  the  jail  at  Lowell.     Approved  April  14,  1898. 

ChctV'  70  Resolve  to  provide  for  printing  the  report  of  the  commis- 
sion APPOINTED  TO  INQUIRE  INTO  THE  EXPEDIENCY  OF  REVISING 
AND  AMENDING  THE  LAWS  OF  THE  COMMONWEALTH  RELATING  TO 
TAXATION. 

Report  on  laws  Hesolved,  That  two  thousand  copies  of  the  report  of  the 
taxation,  to  commissioH  appointed  in  the  year  eighteen  hundred  and 
printiog.*"^  niuetv-six  to  inquire  into  the  expediency  of  revising  and 
amending  the  laws  relating  to  taxation  be  Y)rinted,  with 
such  corrections  of  clerical  and  typographical  errors  as 
may  be  approved  by  the  secretary  of  the  Commonwealth 
in  conference  with  the  late  commission,  at  an  expense  not 
to  exceed  the  sum  of  three  hundred  and  fifty  dollars. 

Approved  April  14,  1898. 

Chap.     71   ReSOLA^E   GRANTING   A   COUNTY   TAX   FOR  THE  COUNTY  OF  NORFOLK. 

County  tax,  Resolved,  That  the  following  sums  are  hereby  appropri- 

ated for  the  expenses  of  the  county  of  Norfolk  for  the 
year  eighteen  hundred  and  ninety-eight :  — 


Resolves,  1898.  — Chap.  71.  785 

For  interest  on  county  debt,  a  sum  not  exceeding  seven  county  tax, 

,,,,,,  J  '  o  Norfolk. 

thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  seventeen  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding seventeen  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-two  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
]iort  of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  thirty  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding twelve  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  ten  thousand  five  hundred 
dolhirs. 

For  trial  justices,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  three  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  three  thousand  five  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing two  thousand  five  hundred  dollars. 

For  rei)airing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  two  thousand  five  hundred 
dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding eleven  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  thirty-six  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  four  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceedinji:  three  thousand  five  hun- 
dn'd  dollars. 

And  the  county  commissioners  of  said  count}^  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  provided  by  law,  the  sum 


786  Kesolves,  1898.  —  Chaps.  72,  73,  7-4,  75. 

of  one  hundred  and  fifty  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  14, 1898. 

Chap.  72  Resolve  in  favor  of  the  trustees  of  the  soldiers'  home  m 

MASSACHUSETTS. 

Trueteesof  Besolved,  That  there  be  allowed  and  paid  out  of  the 

Soldiere  Home.  '  i  ^ 

treasury  of  the  Commonwealth  to  the  Trustees  of  the 
Soldiers'  Home  in  Massachusetts  the  sum  of  thirty-five 
thousand  dollars,  the  same  to  be  used  towards  the  main- 
tenance of  a  home  for  deserving  veteran  soldiers  and 
sailors.  Approved  April  14,  1898. 

ChciV.    73  Resolve  to  provide  for  expenses  incurred  in  establishing 

THE     BOUNDARV    LINE    BETWEEN    THE     TOWNS     OF     BOURNE    AND 
WARE HAM. 

betwetn^ ''"''  Hesolved,  That  there  be  allowed  and  paid  out  of  the 
Bourne  and  ti'casury  of  the  Coiiimonwealth  to  the  county  commis- 
sioners of  the  counties  of  Barnstable  and  Plymouth,  act- 
ing as  a  joint  board,  the  sum  of  seventeen  hundred  dollars, 
in  full  payment  of  expenses  incurred  in  marking  the  boun- 
dary line  between  the  towns  of  Bourne  and  Wareham  by 
suitable  monuments,  and  in  preparing  and  filing  plans 
showing  the  courses  and  distances  thereof,  as  provided 
by  chapter  two  hundred  and  eighty-one  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-seven. 

Approved  April  15,  1898. 

Chcip.   74  Resolve  to  provide  for  repairs  and  additions  to  the  united 

STATES   ship   MINNESOTA. 

MinnlTola.'*''^  Besolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding 
twenty-five  hundred  dollars,  to  be  expended  by  the  ad- 
jutant general  of  the  Commonwealth  for  the  purpose  of 
making  certain  repairs  on  and  additions  to  the  United 
States  ship  Minnesota,  at  present  loaned  by  the  United 
States  to  the  Commonwealth  for  the  use  of  the  naval 
militia.  Apjyroved  April  19,  1898. 

Chav.   75  Resolve  granting  a  countt  tax  for  the  county  of  Plymouth. 
County  tax,  Mesolved,  That  the  following  sums  are  hereby  appro- 

ymou   .         priated  for  the  expenses  of  the  county  of  Plymouth  for 
the  year  eighteen  hundred  and  ninety-eight :  — 


Resolves,  1898.  —  Chap.  75.  78' 

For  interest  on  county  debt,  a  sum  not  exceedins:  fifty-  county  tax, 

^  ,  ,        ,     ,     ,,  J  '  O  J      Plymouth. 

live  luuulrod  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  salaries  of  county  ofiicers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  nine  thousand  five  hundred 
dollars. 

For  clerical  assistance  in  county  oflnces,  a  sum  not  ex- 
ceedini:-  five  thousand  four  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  fourteen  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  thirteen  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding fifteen  thousand  five  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  ten  thousand  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  four  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  two  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
fifteen  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  two  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding three  thousand  two  hundred  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  nineteen  thousand  two  hundred  dollars. 

For  truant  schools,  a  sum  not  exceeding  two  thousand 
four  hundred  dollars,  including  one  hundred  and  forty- 
nine  dollars  to  pay  bills  due  and  unpaid. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  seven  thousand  seven  hun- 
dred dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  provided  l)y  law,  the  sum 
of  one  hundred  and  nine  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  April  21,  1S98. 


788  Resolves,  1898.  — Chap.  76. 


GllClT).  76  Resolve  granting  a  county  tax  fou  thk  county  ok  harnstable. 
County  tax,  liesolvecl,  That  the  following  sums  are  hereby  appro- 

priated for  the  expenses  of  the  county  of  Barnstable  for 
the  year  eighteen  hundred  and  ninety-eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  six 
hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  nine 
hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  five  thousand  three  hundred  and 
fifty  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding one  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  four  thousand  one  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  four  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not 
exceeding  two  thousand  five  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  one  thousand  five  hundred 
dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  three  hundred  and  fifty 
dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  nine  hundred  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
three  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  l)uild- 
ings,  a  sum  not  exceeding  three  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding one  thousand  five  hundred  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  nine  thousand  five 
hundred  dollars. 

For  truant  schools,  a  sum  not  exceeding  one  hundred 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  four  hundred  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 


Resolves,  1898.  — Chap.  77.  789 

current  year,  in  the  manner  provided  by  law,  the  sum  of 
thirty  thousand  dollars,  to  be  expended,  together  with  the 
cash  balance  on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes.  Approved  April  21^  1898. 

Resolve  gkanting  a  county  tax   kou  the  county  of  dukes  QJin^    77 

COUNTY.  ^' 

Refiolved,  That  the  following  sums  arc  hereby  appropri-  county  tax, 
ated  for  the  expenses  of  the  county  of  Dukes  County  for  ^"'^^'^  ^^""'^ty- 
the  year  eighteen  hundred  and  ninety-eight :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  two 
hundred  and  Hfty  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  two  thousand  two  hundred  and 
twenty-live  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding three  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  eight  hundred  dollars,  including  eight  dol- 
lars and  twenty-five  cents  to  pay  bills  due  and  unpaid. 

For  criminal  costs  in  the  superior  court,  a  sum  not 
exceeding  two  hundred  dollars. 

For  trial  justices,  a  sum  not  exceeding  three  hundred 
dollars,  including  twenty-one  dollars  and  fifty  cents  to  pay 
bills  due  and  unpaid. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  nine  hundred  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  fifty  dollars,  including 
twenty-five  dollars  and  fifty  cents  to  pay  bills  due  and 
unpaid. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sura  not  exceeding  one  hundred  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing one  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  three  hundred  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  exceed- 
ing five  hundred  dollars,  including  twenty-four  dollars  and 
seventy  cents  to  pay  bills  due  and  unpaid. 

For  highways,  bridges  and  land  damages,  a  sum  not 
excccdiuir  two  thousand  five  hundred  dollars. 


790  Resolves,  1898.  — Chaps.  78,  79. 

County  tax,  YoT  miscellaneous  and  contingent  expenses  of  the  cur- 

DukeB  County.  t  /»  i  i        i      i    ii 

rent  year,  a  sum  not  exceecUng  iive  nundred  dollars,  in- 
cluding twenty-two  dollars  and  seventy-tive  cents  to  pay 
bills  due  and  unpai.d. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
nine  thousand  dollars,  to  be  expended,  together  with  the 
cash  balance  on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes.  Ajyproved  April  21,  1898. 

(JJiaj).  78  Resolve  instructing  the  bureau  of  statistics  of  labor  to 

INVESTIGATE   THE   SUBJECT   OF   LABOR   AND   CO-OPERATIVE    INSUR- 
ANCE. 

operS*^  *'°'         Resolved,  That  the  bureau  of  statistics  of  labor  be  and 
insurance,         jg  hercbv  Instructed  to  make  an  investigation  into  the 

investigation  of .        ^  .       .  ,.  <•    i    i  i  a.-  •  1 

subject-matter  oi  labor  and  co-operativc  insurance  and 
profit  sharing,  wherel)y  ]n"ovision  is  made  to  secure  to 
employees  either  a  share  of  the  profit,  or  sick  and  mortuary 
benefits,  as  well  as  annuities,  after  a  certain  period  of  em- 
ployment, or  after  reaching  a  certain  age,  and  report  to 
the  general  court  as  soon  as  convenient  such  data  and 
statistics  as  it  may  be  a])le  to  obtain  in  this  country  as 
well  as  abroad,  with  such  comments  or  suggestions  as  may 
be  deemed  advisable.  The  expenses  of  such  investigation, 
which  shall  not  exceed  the  sum  of  one  thousand  dollars, 
shall  be  paid  from  the  treasury  of  the  Commonwealth. 

Approved  Ajyril  22,  1898. 

Chav    79  Resolve  to  provide  for  certain  repairs  and  improvements  at 

THE  NORTHAMPTON  LUNATIC  HOSPITAL. 

Northampton         Resolved,  That  there  be  allowed  and  i^aid  out  of  the 

lunatic  hospital.  '  tx-j. 

treasury  of  the  Commonwealth  a  sum  not  exceeding  torty- 
five  thousand  dollars,  to  ])e  expended  at  the  state  lunatic 
hospital  at  Northampton  under  the  direction  of  the  trustees 
thereof,  for  the  following  purposes,  to  wit :  — On  the  first 
floor,  for  construction  and  improvements  in  the  adminis- 
tration building,  for  a  new  dispensary  and  enlarging  the 
dining  room  for  employees  ;  on  the  second  floor,  for  a 
dining  room  for  assistants,  a  work  room,  a  libraiy,  a  lab- 
oratory, and  a  corridor  leading  to  the  new  chapel ;  on  the 
third  floor,  for  six  rooms  for  sleei)ing  and  work  rooms, 
and  a  corridor  leading  to  the  balcony  of  the  new  chapel; 


Eesolves,  1898.  — CHArs.  80,  81,  82.  791 

in  the  rotunda,  for  new  floors,  fireproof  stairways,  and 
ventilation  tlues,  a  sum  not  exceeding  tliirty-three  thou- 
sand seven  liundred  and  fifty  dollars ;  for  renovating  the 
store  room,  and  for  constructing  food  ears  and  car  tracks, 
and  a  scullery  and  morgue  in  the  basement,  a  sum  not  ex- 
ceeding \\yo  thousand  dollars  ;  for  an  addition  to  the  south 
wing  closets,  lavatories  and  baths,  a  sum  not  exceeding 
thirty-rive  hundred  dollars  ;  for  the  equipment  of  the  lab- 
oratory with  scientific  instruments,  a  sum  not  exceeding 
seven  hundred  and  fifty  dollars  ;  and  for  pumping  plant 
and  an  addition  to  the  electric  plant  for  heating  flatirons 
and  lighting  purposes,  a  sum  not  exceeding  two  thousand 
dollars.  Approved  April  22,  1898. 


Resolve  in  favok  of  william  t.  eaton. 


Chap.  80 

Resolved,  That  there  be  allowed  and  paid  out  of  the  wiiuamT. 
^Metropolitan  Parks  Loan  Fund  to  William  T.  Eaton  of  ^'^"'''• 
Boston  the  sum  of  thirteen  hundred  and  seventy-four 
dollars,  as  compensation  for  loss  sustained  by  him  by 
reason  of  an  error  in  the  contract  for  building  the  public 
l)ath  houses  at  Revere  Beach  for  the  board  of  metropolitan 
park  commissioners.  Approved  April  29,  1898. 

Resolve   to  provide  additional    shop    room    at    the  state  fyTj^j^k    81 

PRISON.  "' 

liesolved.  That  there  be  allowed  and  paid  out  of  the  shop  room  at 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five  ^i^^  ^''^'^ p"*°°- 
thousand  dollars,  to  be  expended  by  the  warden  of  the 
state  prison,  with  the  approval  of  the  general  superin- 
tendent of  prisons,  in  erecting  in  the  yard  of  said  prison 
a  shop  building  suitable  for  the  employment  of  prisoners 
upon  industries  that  can  be  prosecuted  by  hand  labor. 

Apjyroved  May  2,  1898. 


Chap.  82 


Resolve  to  provide  for  certain  improvements  at  the  state 

FARM. 

liesolved,  That  there  be  allowed  and  paid  out  of  the  improvements 
treasury   of    the    Commonwealth   a   sum    not   exceeding  farm!' 
twenty-three    thousand    dollars,  to    be    expended    at   the 
state  farm  under  the  direction  of  the  trustees  and  super- 
intendent, for   the   following   purposes: — For   heating, 
lighting  and  plumbing   the  new  prison  building,  a  sum 


792  Eesola-es,  1898.  — Chaps.  83,  84,  85. 

not  exceeding  eight  thousand  dollars  ;  for  new  stock  and 
storage  barns,  a  sum  not  exceeding  ten  thousand  dollars ; 
for  water  filtration,  a  sum  not  exceeding  three  thousand 
dollars ;  and  for  the  enlargement  of  the  kitchen  and 
fixtures,  a  sum  not  exceeding  two  thousand  dollars. 

Approved  May  5,  1898. 

Chcip.  83  Rksolve  relative  to  the  pkice  at  which  copies  of  the  brad- 
ford  HISTORY  MAY  BE  SOLD. 

ni8tor°'^onhe        Besolved,  That  the  price  of  such  copies  of  Bradford's 
Plymouth         History  of  the  Plymouth  Plantation  as  may  be  sold  by 

Plantation*  •/  */  j  j 

the  secretary  of  the  Commonwealth  in  accordance  with 
the  provisions  of  chapter  sixty-eight  of  the  resolves  of  the 
current  year  shall  be  one  dollar  a  copy. 

Approved  May  13, 1898. 

Chap.  84  Resolve  relative  to  the  collection  of  portraits  of  presi- 
dents OF  THE  SENATE. 

preeidentsof  liesolved,  That  there  be  allowed  and  paid  out  of  the 

the  senate.  trcasury  of  the  Commonwealth  a  sum  not  exceeding  five 
hundred  dollars,  to  be  expended  under  the  direction  of 
the  president  of  the  senate  for  the  purpose  of  obtaining 
photographs  of  uniform  size  of  former  presidents  of  the 
senate,  and  of  framing  all  the  photographs  in  uniform 
style  and  marking  the  frames  with  names  and  dates. 

Approved  May  13,  1898. 

Chctp.   85  Resolve  to  provide  for  the  purchase  of  apparatus  to  be 

USED     AT    POLLING     PLACES     IN     THE     CANVASS     AND     COUNT    OF 
VOTES. 

wnvasBing  a°ui  Hesolved,  That  there  be  allowed  and  paid  out  of  the 
counting  votes,  treasury  of  the  Commonwealth  a  sum  not  exceeding  five 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  secretary  of  the  Commonwealth,  to  provide  cities  and 
towns  with  suitable  apparatus  to  be  approved  by  the  sec- 
retary, treasurer  and  auditor  of  the  Commonwealth,  or 
by  a  majority  of  them,  for  use  at  each  polling  place  by 
election  officers  in  the  canvass  and  count  of  votes,  as 
provided  for  by  section  one  hundred  and  twenty-three 
of  chapter  four  hundred  and  seventeen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three. 

Ajyj^roved  May  13,  1898. 


Kesolves,  1898.  — Chaps.  86,  87,  88.  793 


Resolvk   kelativk    to    a    sewage    plant    for    the    DANVERS  ni^fiq^     Qfi 

LUNATIC   HOSPITAL.  "' 

Remlved,  That  there  be  allowed  and  paid  out  of  the  Danvers  lunatic 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five  ^°*p''''^- 
thousand  dollars,  in  addition  to  the  amount  authorized  by 
chapter  seventy  of  the  resolves  of  the  year  eighteen  hun- 
dred and  ninety-seven,  to  be  expended  under  the  direc- 
tion of  the  trustees  of  the  Danvers  lunatic  hospital,  for 
providing  a  sewage  plant  for  said  institution,  as  recom- 
mended and  approved  by  the  state  board  of  health. 

Approved  May  17^  1898. 

Resolve  to  provide  for  furnishing  the  new  building  at  the  Hj^ffY)    87 

WESTBOROUGH  INSANE   HOSPITAL.  ^' 

Beftolved,  That  there  be  allowed  and  paid  out  of  the  westborough 
treasury  of  the  Commonwealth  a  sum  not  exceeding  nine  ^"^''"^  hospital. 
thousand  five  hundred  dollars,  to  be  expended  under  the 
direction  of  the  trustees  of  the  AVestborough  insane  hos- 
pital, for  furnishing  the  new  building  at  said  hospital. 

Apjyroved  May  17,  1898. 


Chap.  88 


Resolve  to  provide  for  the  purchase  of  field  guns  and 
e(^>uipments  for  the  use  of  the  volunteer  militia. 
Resolved,  That  the  governor  is  hereby  authorized  and  ^^^'.•^  ^uns  and 

o  aJ  equipments  for 

requested  to  purchase  for  the  Commonwealth  from  the  the  mmtia. 
ordnance  department  of  the  United  States  army,  or  from 
any  other  proper  representative  of  the  government  of  the 
United  States,  three  batteries  of  four  modern  field  guna 
each,  with  carriages  and  all  other  suitable  equipments, 
and,  in  the  name  and  in  behalf  of  the  Commonwealth,  to 
enter  into  any  contract  with  the  United  States  authorities 
relative  to  furnishing  the  Commonwealth  with  said  guns, 
carriages  and  equipments.  There  may  be  expended  from 
the  appropriation  of  five  hundred  thousand  dollars  for  war 
purposes  a  sum  not  exceeding  fifty-two  thousand  dollars 
to  carry  out  the  ]n'ovisions  of  this  resolve.  In  case  the 
governor  should  find  it  necessary  to  use  the  entire  appro- 
priation of  five  hundred  thousand  dollars  for  other  pur- 
poses the  sum  herein  ])r()vided  for  may  be  paid  from  the 
treasury  of  the  Commonwealth. 

Approved  May  17,  1898. 


794  Resolves,  1898.  — Chaps.  89,  90,  91. 


CTian    89  Resolve  i\  favor  of  annie  m.  brooks. 

Annie  M.  liesolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Annie  M.  Brooks  of 
Boston  the  sum  of  two  thousand  dollars,  in  full  compensa- 
tion for  injuries  to  her  lodging  house,  situated  at  number 
eight,  Mount  Vernon  street,  in  the  city  of  Boston,  result- 
ing from  the  tearing  down  and  rebuilding  of  the  state 
house.  Approved  May  17,  1898. 


Brooks. 


Chcip.  90  Resolve  in  favor  of  the  town  of  plainfield. 

Town  of  Plain-  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  town  of  Plainfield 
the  sum  of  three  hundred  and  thirty  dollars,  to  reimburse 
said  town  for  expenses  incurred  by  it  on  account  of  a 
certain  pauper.  Approved  May  17,  1898. 

GJlCiV-  91  Rksolve  relative  to  the  participation  of  the  commonwealth 

IN   THE   international  EXPOSITION   AT   PARIS. 

intornationai  Hesolvecl,  That  for  the  purpose  of  exhibiting  the  re- 

Paris.  sources,  products  and  general  develo})ment  of  the  Com- 

monwealth at  the  international  exposition  at  Paris  in  the 
year  nineteen  hundred,  a  board  of  Paris  Exposition  Man- 
agers of  Massachusetts,  consisting  of  eight  residents  of  the 
Commonwealth,  shall  be  appointed  by  the  governor  by 
and  Avith  the  consent  of  the  council.  Said  board  shall 
have  charge  of  the  interests  of  the  Commonwealth  and  its 
citizens  in  the  preparation  and  exhibition  at  the  interna- 
tional exposition  at  Paris  in  the  year  nineteen  hundred, 
of  the  natural  and  industrial  products  of  the  Common- 
wealth, and  of  objects  illustrating  its  history,  progress, 
and  material  welfare  and  development,  and  of  all  other 
matters  relating  to  the  said  exposition.  Said  board  shall 
communicate  with  the  officers  of  said  exposition,  and 
obtain  and  disseminate  through  the  Commonwealth  all 
necessary  information  regarding  it,  and  in  general  shall 
have  and  exercise  full  authority  in  relation  to  the  partici- 
pation of  the  Commonwealth  and  its  citizens  in  said  expo- 
sition. Said  board  is  also  authorized  in  its  discretion  to 
confer  and  co-operate  with  similar  boards  or  commissions 
aj^pointed  by  the  federal  government  or  by  the  authorities 
of  the  several  states.  The  members  of  said  board  shall 
receive  no  compensation  for  their  services,  but  the  board 


Resolves,  1898.  —  Chaps.  92,  93,  94.  795 

may  appoint  a  secrotarv,  who  shall  receive  from  the 
troa.sury  of  the  Commonwealth  such  compensation  as  may 
be  determined  by  said  board,  with  the  api)roval  of  the 
irovernor  and  council.  Said  board  shall  be  provided  with 
pro))or  rooms  in  the  state  house  or  in  buildings  adjacent 
thereto.  To  carry  out  the  provisions  of  this  resolve  a 
sum  not  exceeding  ten  thousand  dollars  may  be  expended 
during  the  current  year,  under  the  direction  of  the  gov- 
ernor and  council.  Approved  May  17,  1898. 

Resolve  in  favor  of  sadie  b.  belyea.  ChaV-   92 

Resolved,  That  there  ])e  allowed  and  paid  out  of  the  sadieB. 
treasury  of  the  Commonwealth  to  Sadie  B.  Belyea  the  sum    ^  ^^^' 
of  one  hundred  twenty-one  dollars  and  twenty  cents,  for 
])rofessional  services  rendered  to  Sarah  Jane  Robinson,  a 
prisoner  serving  a  life  sentence  in  the  jail  at  Lowell. 

Approved  May  20,  1898. 

Resolve  to  confirm  the  acts  of  avalter  perley  hall  as  a  (JJidj),  93 

JUSTICE   of  the   peace. 

Eesohed,  That  all  acts  done  by  Walter  Perley  Hall  of  g'^tlju^tSf 
FitchburiT  as  a  justice  of  the  peace,  between  the  twenty-  the  peace,  acts 
ninth  day  of  September  in  the  year  eighteen  hundred  and 
ninety-seven  and  the  ninth  day  of  November  in  the  same 
year,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  though  he  had  been  during  that  time  qualified 
to  discharge  the  duties  of  said  office. 

Approved  May  20,  1898. 

Resolve  to  provide  for  the  payment  of  expenses  in  connec-  nTinr)^  94 

TloN  WITH  THE  ESTABLISHMENT  OF  THE  BOUNDARY  LINE  BETWEEN 
THIS  COMMONWEALTH  AND  THE  STATES  OF  NEW  HAMPSHIRE  AND 
VERMONT. 

Eesohed,  That  there  be  allowed  and  paid  out  of  the  Boundary  iine 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three  chuletu  ^dThe 
thousand  dollars,  for   expenses    in    connection    with   the  Hampg°bi^e*irnd 
establishment  of  the  boundary  line  between  the  Common-  Vermont. 
wealth  of  Massachusetts  and  the  states  of  New  Hampshire 
and  AVrmont,  as  provided  for  by  chapter  one  hundred  and 
six  of  the  resolves  of  the  year  eighteen  hundred  and  ninety- 
five.  "  Approved  May  24,  1898. 


9(3  Resolves,  1898.  —  Chaps.  95,  96,  97 


i\n) 


ChoT)      95  i^ESOLVE    TO    AUTHORIZE    THE    PUBLICATION    OF    THE    OPINIONS    OF 
-^  *  THE   ATTORNEY-GENERAL. 

Publication  of  Resolved,  The  attorney-general  is  hereby  authorized  to 
atto°rne°y-°  *  collcct  and  pubHsh  in  a  voUime,  properly  indexed  and 
general.  digested,  such  of  the  official  opinions  heretofore  published 

as  an  appendix  to  the  annual  reports  of  the  attorney-gen- 
eral as  he  may  deem  to  be  of  public  interest  or  useful  for 
reference.  The  volumes  so  published  shall  be  distributed 
and  disposed  of  in  the  manner  provided  by  chapter  two 
hundred  and  fourteen  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-six  for  the  distribution  and  disposal 
of  the  reports  of  capital  cases.  A  sum  not  exceeding  two 
thousand  dollars  may  be  expended  in  carrying  out  the  pro- 
visions of  this  resolve.  Approved  May  24,  1898. 

ClmV.   96  Resolve  in  favor  of  the  loavell  textile  school. 

Lowell  textile  Hesolved,  That  there  be  allowed  and  paid  out  of  the 
trea.sury  of  the  Commonwealth  to  the  trustees  of  the 
Lowell  textile  school  the  sum  of  fifteen  thousand  dollars, 
to  be  applied  to  the  purposes  of  the  textile  school  estab- 
lished and  conducted  at  Lowell  by  the  said  trustees : 
provided,  hoicever,  that  no  portion  of  the  sum  herein  au- 
thorized shall  be  paid  until  satistactory  evidence  shall  be 
furnished  to  the  auditor  of  accounts  that  an  additional  sum 
of  five  thousand  dollars  has  been  paid  to  the  said  trustees 
by  the  city  of  Lowell,  or  received  from  other  sources. 
The  city  of  Lowell  is  hereby  authorized  to  raise  by  taxa- 
tion and  pay  to  said  trustees  such  sum  of  money,  not  ex- 
ceeding five  thousand  dollars,  as  may  be  neces.sary  to 
secure  the  amount  provided  for  by  this  resolve. 

Approved  May  24,  1S9S. 

Ghan.   97  Resolve  to  provide  for  certain  improvements  at  the  state 

NORMAL   SCHOOL   AT  LOWELL. 

State  normal  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Lowell.  treasury  of  the  Commonwealth  a  sum  not  exceeding  two 

thousand  dollars,  to  l)e  expended  at  the  state  normal 
school  at  Lowell  under  the  direction  of  the  state  board  of 
education,  for  building  sidewalks  about  the  grounds  of 
said  school.  Approved  May  24,  1898. 


Kesolves,  1898.  — Chaps.  98,  99,  100.  797 


Resolve  to  provide  kok  the  pduchase  of  land  for  the  state  z^/,^^    qQ 

NORMAL   SCHOOL   AT   NORTH    ADAMS.  ^  ' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  normal 
treasury  of  the  Couimonwcalth  a  sum  not  exceeding  fifteen  Adamtsf  ^"""^ 
thousand  dollars,  to  ])e  expended  under  the  direction  of 
the  state  board  of  education  for  the  purchase  of  additional 
land  for  the  use  of  the  state  normal  school  at  North 
Adams :  j^^^ovided,  hoivever,  that  no  portion  of  the  sum 
herein  authorized  shall  be  paid  until  satisfactory  evidence 
shall  l)e  furnished  to  the  auditor  of  accounts  that  an  addi- 
tional sum  of  five  thousand  dollars  has  l)een  placed  at  the 
disposal  of  said  school  by  the  city  of  North  Adams  or 
from  other  sources  ;  and  provided,  further,  that  so  much 
of  the  amount  herein  authorized  as  may  be  necessary  shall 
be  used  for  properly  grading  the  land  owned  and  occupied 
by  said  school.  The  city  of  North  Adams  is  hereby  au- 
thorized to  raise  by  taxation  and  expend  for  the  benefit 
of  said  school  such  sum  of  money  not  exceeding  five  thou- 
sand dollars  as  may  be  necessary  to  secure  the  amount 
provided  for  by  this  resolve.        A2yproved  May  24,  1898. 

RkSOLVE  to  PROVn>E  FOR  CERTAIN  IMPROVEMENTS  AT  THE  WORCES-   (Jhn'))      99 
TER  LUNATIC   HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Worcester 

J.  J.' j_i        /^  lii  j_  T  •    J.        lunatic  hospital, 

treasury  ot  the  Commonwealth  a  sum  not  exceeding  sixty- 
nine  thousand  dollars,  to  be  expended  at  the  Worcester 
lunatic  hospital  under  the  direction  of  the  trustees  thereof, 
for  the  following  purposes  :  — For  building  a  new  admin- 
istration building,  a  sum  not  exceeding  forty  thousand 
dollars  ;  for  building  a  new  kitchen,  a  sum  not  exceeding 
eighteen  thousand  dollars ;  and  for  the  extension  of  the 
boiler  house  and  boilers  for  the  same,  a  sum  not  exceed- 
ing eleven  thousand  dollars:  X)'>^ovided,  however,  that  not 
more  than  thirty-nine  thousand  dollars  of  the  amount 
herein  authorized  shall  be  expended  during  the  year 
eighteen  hundred  and  ninety-eight. 

Approved  May  26,  1898. 


ChaiJ.lOO 


Resolve  to  provide  for  the  purchase  of  land  at  the  west- 
borough  INSANE  HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  westborough 
treasury  of  the  Commonwealth  a  sum  not  exceeding  forty-  *°'''°'^  ''°'^"'''^' 
four  hundred  forty-two  dollars  and  thirty-two  cents,  to  be 


798  Kesolves,  1898.  — Chaps.  101,  102. 

expended  at  the  Westborough  insane  hospital  under  the 
direction  of  the  trustees  thereof,  for  the  following  pur- 
poses: —  For  the  purchase  of  the  Houghton  farm,  a  sum 
not  exceeding  twenty-seven  hundred  dollars  ;  for  the  pur- 
chase of  the  Heath  pasture,  a  sum  not  exceeding  sixteen 
hundred  dollars ;  and  for  a  small  lot  of  land  already  pur- 
chased by  said  trustees,  the  sum  of  one  hundred  forty-two 
dollars  and  thirty-two  cents.  Chapter  sixty-three  of  the 
resolves  of  the  year  eighteen  hundred  and  ninety-eight  is 
hereby  repealed.  Apjyroved  May  27,  1898. 

C^tt/).101  Resolve  relative  to  a  plan  for  the  consolidation  of  cer- 
tain GAS  COMPANIES. 

conBoHdaiion  Besolvecl,  That  the  board  of  gas  and  electric  light  com- 
panies, missioners  is  hereby  requested  to  consider  and  report  to 
the  next  general  court  a  plan  for  the  union  or  consolida- 
tion of  the  corporations  engaged  in  supplying  gas  in  the 
city  of  Boston,  or  of  such  of  them  as  said  board  may 
deem  it  advisable  to  unite  in  a  single  corporation. 

Approved  Jane  2,  1898. 

Chan  102  Resolve  relative  to  the  trans-mississippi  exposition. 
TransMissis-  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 
eippiExposi-  ^j.gjjgmy  of  the  Commonwealth  a  sum  not  exceeding  six 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  governor  and  council  to  enable  the  Commonwealth  to 
be  represented,  after  the  prorogation  of  the  present  ses- 
sion of  the  general  court,  at  the  Trans-Mississippi  Expo- 
sition, to  be  held  in  the  city  of  Omaha,  in  the  state  of 
Nebraska,  beginning  on  the  first  day  of  June  in  the  year 
eighteen  hundred  and  ninety-eight,  by  the  following  offi- 
cials :  —  His  excellency  the  governor  or  his  honor  the 
lieutenant  governor,  four  members  of  the  statt'  of  his 
excellency  the  governor,  three  members  of  the  executive 
council,  one  of  the  secretaries  in  the  executive  depart- 
ment, the  secretary,  treasurer,  auditor  and  attorney-gen- 
eral of  the  Commonwealth,  the  president  and  clerk  of  the 
senate,  the  speaker  and  clerk  of  the  house  of  representa- 
tives, the  joint  committee  on  federal  relations,  a  special 
committee  of  four  members  of  the  senate  and  ten  of  the 
house  to  be  appointed  ])y  the  presiding  officers  of  the  two 
branches,  respectively,  and  the  sergeant-at-arms. 

Ap2:)roved  June  2,  1898. 


Resolves,  1898.  —  Chaps.  103,  lOi,  105.  799 


Resolve  to  pkovioe  for  cektain  impuovements  at  the  med-  (7^^W.103 
field  insane  asylum. 

Besohed,  That  there  be  allowed  and  paid  out  of  the  Medtieid  insane 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fif-  «^y'"'"- 
teen  thousand  dollars,  to  be  expended  at  the  Medfield 
insane  asylum  under  the  direction  of  the  trustees  thereof, 
for  a  new  building  for  the  administration  of  the  mechan- 
ical departments  of  the  asylum,  or  for  an  addition  to  the 
present  engine  room.  Ajjjyroved  June  6,  1S9S. 

Resolve    kelative   to  reopening  the  Connecticut  river  to  nhnj)  1 Q4 

NAVIGATION. 

Resolved,  That  the  sum  of  two  thousand  dollars  be  Navigation  of 
allowed  and  paid  out  of  the  treasury  of  the  Common-  river."""^*^  '*'" 
wealth  for  the  purpose  of  securing  a  favorable  considera- 
tion by  the  congress  of  the  United  States  of  the  reopening 
of  the  Connecticut  river  to  navigation,  to  be  expended 
under  the  direction  of  the  governor  and  council  to  meet 
the  necessary  expenses  of  the  harbor  and  land  commis- 
sioners in  appearing  before  the  proper  committees  of  con- 
gress to  present  the  advantages  that  would  accrue  to  the 
Conmion wealth  by  the  restoration  of  such  navigation,  and 
for  the  necessary  expenses  of  the  governor  or  such  person 
or  persons  as  he  shall  designate  to  represent  the  Common- 
wealth on  the  occasion  of  the  visit  of  the  committee  of 
congress  on  rivers  and  harbors  whenever  such  committee 
shall  visit  the  Commonwealth  in  the  consideration  of  the 
reopening  of  the  Connecticut  river. 

Approved  June  6,  1898. 


Chap.105 


Resolve  in  favor  of  the  new  England  industrial  school 

FOR  deaf  mutes. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  New  England 
treasury  of  the    Commonwealth  to  the  trustees  of  The  schooi"or 
New  England  Industrial  School  for  Deaf  Mutes  in  the  De^f  Mutes. 
city  of  Ik'verly  the  sum  of  five  thousand  dollars,  twenty- 
five  hundred  dollars  to  be  used  for  educational  purposes 
and  the  remainder  for  the  payment  of  the  indebtedness 
of  said  institution  :  provided,  hoioever,  that   no   portion 
of  the  sum  herein  authorized  for  the  payment  of  the  in- 
debtedness of  said  institution  shall  be  paid  until  satisfac- 


800  Resolves,  1898.  — Chaps.  106,  107,  108. 

tory  evidence  shall  be  furnished  the  auditor  of  accounts 
that  an  additional  sum  of  twenty-five  hundred  dollars  has 
been  received  by  said  trustees  from  other  sources. 

Approved  June  6,  1898. 

Chan  106  Resolve  relative  to  state  highways  in  the  cities  of  Bev- 
erly AND  GLOUCESTER  AND  THE  TOWNS  OF  MANCHESTER  AND 
ROCKPORT. 

State  highways       Resolved,  That  the  Massachusetts  hiojhway  commission 

in  Beverlv,  ,  ,  o  »/ 

Gloucester,  etc,  is  hereby  authorized  and  instructed  to  make  a  plan  show- 
ins:  the  line  and  grade  of  the  highway  passing  through  the 
cities  of  Beverly  and  Gloucester  and  the  towns  of  Man- 
chester and  Rockport,  and  known  as  Hale  street,  Bridge 
street,  Central  street.  Union  street,  Washington  street, 
Summer  street,  Western  avenue  and  Main  street,  to  Rail- 
road avenue  in  the  town  of  Rockport. 

Approved  June  7,  1898. 

ChuD.liOl  Resolve  to  provide  for  certain  improvements  at  the  state 

ALMSHOUSE. 

house!^"'^'  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  a  sum  not  exceeding  sixty 
thousand  nine  hundred  and  thirty  dollars,  to  be  expended 
at  the  state  almshouse  under  the  direction  of  the  superin- 
tendent and  trustees,  for  the  following  purposes :  —  For 
building  a  hospital  for  consumptives,  a  sum  not  exceeding 
fifty  thousand  dollars ;  for  making  changes  in  the  old  por- 
tion of  the  men's  hospital,  a  sum  not  exceeding  four  thou- 
sand nine  hundred  and  thirty  dollars ;  for  a  new  engine 
and  dynamo,  a  sum  not  exceeding  twenty-five  hundred 
dollars ;  and  for  painting  the  outside  of  the  buildings,  a 
sum  not  exceeding  thirty-five  hundred  dollars  :  provided.^ 
however,  that  not  more  than  twenty-five  thousand  dollars 
shall  ])e  expended  for  building  the  hospital  for  consump- 
tives during  the  year  eighteen  hundred  and  ninety-eight. 

Approved  June  9,  1898. 

ChcipAOS  Resolve  relative  to  the  reimbursement  of  towns  for  the 
transporting  of  certain  pupils  to  and  from  the  public 
schools. 

Transportation       Resolved,  That  there  be  allowed  and  paid  out  of  the 

of  pupilB  to  ;  i^  . 

and  from  the  trcasuiy  ot  thc  Commonwcalth  to  such  towns  as  have 
defrayed  the  cost  of  transporting  to  and  from  a   public 


Resolves,  1898.  —  Chaps.  109,  110.  801 

school  any  child  whose  tuition  is  payable  by  the  Com- 
monwealth under  the  provisions  of  chapter  three  hun- 
dred and  eighty-two  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six,  between  the  first  day  of  April 
in  the  year  eighteen  hundred  and  ninety-six  and  the  first 
day  of  September  in  the  year  eighteen  hundred  and 
ninety-eight,  for  each  week  of  five  days  or  major  part 
thereof,  a  sum  equal  to  the  average  amount  per  child 
paid  by  said  city  or  town  per  week  for  the  transporting 
of  children  to  and  from  school  over  the  route  by  which 
such  child  is  conveyed,  not  to  exceed  in  any  case  the  sum 
of  fifty  cents  per  week  of  five  days  or  major  part  thereof, 
for  each  child  so  transported.         Approved  June  9,  1898. 

Resolve  in  kavou  of  the  Massachusetts  agricultural  col-  nhn,n  1 QO 

LEGE.  ■'■ 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
treasury  of  the  Commonwealth  a  sum  not  exceeding  coiieg"?"'^''^ 
twenty-eight  thousand  dollars,  to  be  expended  at  the 
Massachusetts  Agricultural  College  under  the  direction 
of  its  trustees,  for  the  following  purposes,  to  wit : — For 
the  erection  and  equipment  of  a  veterinary  laboratory 
and  stable  hospital  in  connection  therewith,  a  sum  not 
exceeding  twenty-five  thousand  dollars ;  for  supplying 
apparatus  and  material  to  the  chemical  department,  a  sum 
not  exceeding  one  thousand  dollars ;  and  for  providing  a 
small  building  and  equipment  for  investigation  of  dairy 
problems  in  the  department  known  as  the  "Experiment 
Dei)artment "  of  the  college,  a  sum  not  exceeding  two 
thousand  dollars.  From  and  after  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  ninety-nine  there 
shall  be  allowed  and  paid  annually  from  the  treasury  of 
tlie  Commonwealth  the  sum  of  one  thousand  dollars,  as 
a  maintenance  fund  for  the  veterinary  laboratory,  to  pro- 
vide means  of  instruction  and  to  carry  on  investigations 
of  the  diseases  of  domestic  animals. 

Approved  June  14,  1898. 

Resolve  to  i'rovide  for  an  addition   to   the    normal   art  QJidf)  WO 

SCHOOL   BUILDING  IN   THE   CITY  OF   BOSTON. 

Rpsohed,  That  there  l)e  allowed  and  paid  out  of  the  Normal  art 
treasury  of  the    Commonwealth   the    sum    of  thirty-five  *'=''°*'^  ^""'^'°^' 
thousand  dollars,  for  the  purpose  of  erecting   an   addi- 


802  Resolves,  1898.  — Chaps.  Ill,  112,  113. 

tion  to  the  normal  art  school  building  in  the  city  of  Bos- 
ton, said  sum  to  be  expended  under  the  direction  of  the 
state  board  of  education.  Approved  June  14, 1898. 

Chan  111  Resolve  relative  to  certain  expenses  to  be  incurred    by 

THE    CHIEF    OF    THE   DISTKICT    POLICE    IN    ENFORCING   THE   LAWS 
RELATIVE   TO  INLAND   FISHERIES   AND   GAME. 

Enforcement  of       Hesolved,  That  there  be  allowed  and  paid  out  of  the 
laws.  treasury  of  the  Commonwealth  a  sum  not  exceedins;  five 

thousand  dollars,  to  be  expended  by  the  chief  of  the  dis- 
trict police  for  the  purpose  of  leasing  and  paying  the  run- 
ning expenses  of  a  suitable  boat  to  be  used  temporarily 
in  the  enforcement  of  the  laws  relative  to  inland  fisheries 
and  game,  until  the  new  boat  now  under  construction  is 
completed,  and  for  the  purpose  of  fitting  up  the  new  boat 
when  completed  and  paying  its  running  expenses  during 
the  present  year.  Approved  June  14,  1898. 

Ch.CiV.W2i  Resolve  to  provide  for  printing  additional  copies  of  Brad- 
ford's HISTORY  OF  THE  PLYMOUTH   PLANTATION. 

Bradford's  Besolvcd,  That  there  be  allowed  and  paid  out  of  the 

History  of  the  ,.      i        /^  i   i  i  • 

Plymouth  treasury  ot  the  Commonwealth  a  sum  not  exceeding  two 
thousand  dollars,  to  provide  for  printing  four  thousand 
additional  copies  of  Bradford's  History  of  the  Plymouth 
Plantation.  From  the  additional  copies  so  printed  each 
member  and  officer  of  the  general  court  for  the  year  eight- 
een hundred  and  ninety-eight  shall  receive  twelve  copies, 
in  addition  to  the  number  already  allowed  to  said  mem- 
bers and  ofiicers ;  each  doorkeeper,  messenger  and  page 
shall  receive  two  copies ;  and  each  grand  army  post  in 
this  Commonwealth  shall  receive  one  copy.  The  residue 
shall  be  distributed  under  the  direction  of  the  secretary 
of  the  Commonwealth.  Apj^roved  June  14,  1898. 

Chan  113  Resolve  to  provide  for   the  erection    of  a    monument  on 

DOIJCHESTER   HEIGHTS. 

Momimenton         Resolvetl,  That  tlicrc  be  allowed  and  paid  out  of  the 

Jjorciicfitcr 

Heights.  treasury    of    the    Commonwealth    a   sum    not   exceeding 

twenty-five  thousand  dollars,  to  be  expended  under  the 
direction  of  the  governor  and  council  for  the  erection  of 
a  monument  on  Dorchester  Heights,  in  the  city  of  Boston, 
to  commemorate  the  construction  on  said  heights  by  (xen- 
eral  George  Washington  and  his  little  army,  of  a  redoubt, 


Eesolves,  1898.  — Chaps.  114,  115,  116.  803 

which  caused  the  British  troops  under  the  command  of 
General  Howe  to  evacuate  Boston  :  provided,  however, 
that  no  part  of  said  sum  shall  be  expended  until  the  city 
of  Boston  shall  have  provided,  without  expense  to  the 
Commonwealth,  a  site  satisfactory  to  the  governor  and 
council,  for  the  erection  of  said  monument,  and  shall  have 
agreed  to  keep  said  site  open  and  accessible  to  the  public, 
under  such  reasonable  regulations  as  may  be  necessary  to 
protect  said  monument  from  injury,  and  until  said  city 
shall  also  have  agreed  to  keep  at  its  own  expense  said 
site  and  said  monument,  after  its  erection,  in  proper  con- 
dition and  repair.  Approved  June  14,  1898. 

Resolve  in  favor  of  the  woman's  charity  club.  (7AftX>.114 

Resolved,  That  the  sum  of  fifteen  thousand  dollars  be  woman'e 
allowed  and  paid  out  of  the  treasury  of  the  Common-  ''"*^ 
wealth  to  the  Woman's  Charity  Club,  to  be  expended  by 
the  managers  thereof  for  the  purpose  of  liquidating  the 
indebtedness  on  the  buildings  of  the  hospital  maintained 
by  said  club ;  and  said  managers  shall  make  report  to  the 
state  board  of  lunacy  and  charity. 

Approved  June  20,  1898. 

Resolve   to  provide   for  preserving   war   records   in   the  niiQjn  IIS 

OFFICE  of  the  adjutant  GENERAL.  " 

Resolved,  That  there  be  allowed  and  paid  out  of  the  war  records. 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
thousand  dollars,  to  be  expended  by  the  adjutant  general 
in  preserving  war  records  worn  by  age  and  use. 

Approved  June  21,  1898. 


Chap.lW 


Resolve  relative  to  the  compensation  for  travel  and  at- 
tendance OF  DAVID  B.  SHAW,  SENATOR  FROM  THE  SECOND  SUF- 
FOLK district. 

Resolved,  That  David  B.  Shaw,  senator  from  the  second  J^n!^tor^BeM*Jd' 
Suffolk  district,  be  allowed  the  same  compensation  for  suffoik'dietrict. 
travel  and  attendance  for  the  current  session  that  is  pro- 
vided by  section  four  of  chapter  fifty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-two  for  members  of 
the  senate  and  house  of  representatives  for  the  regular 
annual  session.  Approved  June  21,  1898. 


poses. 


804  Eesolves,  1898.  — Chaps.  117,  118,  119. 


Ohao  117  Resolve  to  ArxHORizE  the  govern'or  to  pcrcoase  a  steamer 

FOR   HOSPITAL   PURPOSES. 

Purchase  of  Heftolved,  That  the  governor  is  hereby  authorized,  in 

steamer  for  ,.,.  ..  ^i,»  '••  i, 

hospital  pur-  his  discretion,  to  expend  trom  any  appropriation  hereto- 
fore made  at  the  present  session  of  the  general  court  and 
to  be  expended  under  the  direction  of  the  commander-in- 
chief  for  military  and  naval  expenses,  a  sum  not  exceed- 
ing fifty  thousand  dollars,  to  purchase,  for  the  use  of  the 
^lassachusetts  volunteer  aid  association,  a  suitable  steamer 
to  be  used  for  hospital  purposes  during  the  present  war, 
said  steamer  to  be  sold  after  the  declaration  of  peace,  and 
the  proceeds  thereof  to  be  paid  into  the  treasury  of  the 
Commonwealth.  Approved  June  23,  1898. 


(JhciV.WS  Resolve  to  coxpirm  the  acts  of  johx  a.  bond  as  a  notary 

PUBLIC. 

Doury^p^wrc*!'  Resolved,  That  all  the  acts  of  John  A.  Bond  of  Xorth 
acts  confirmed.  Adams  as  a  notary  public,  between  the  fourth  day  of 
March  in  the  year  eighteen  hundred  and  ninety-seven  and 
the  twenty-second  day  of  June  in  the  year  eighteen  hun- 
dred and  ninety-eight,  are  hereby  confirmed  and  made 
valid  to  the  same  extent  as  though  he  had  been  during 
that  time  qualified  to  discharge  the  duties  of  said  office. 

Approved  June  23,  1898. 


Chap.ll9 


Resolve  in*  favor  of  the  brothers  of  henry  s.  finan. 

Brothers  of  Re.<ioIv€d,  That  there  be  allowed  and  paid  out  of  the 

Henry  s.Finan  ^ppj^^j^-y  gf  ^jjp  Commouwealth  to  Bernard  F.  Finan  and 

AValter  J.  Finan,  brothers  of  the  late  Henry  S.  Finan, 
who  was  an  employee  of  the  Commonwealth  in  the  office 
of  the  sergeant-at-arms,  the  sum  of  two  hundred  and 
forty  dollars,  being  the  amount  said  Henry  S.  Finan 
would  have  been  entitled  to  receive  had  he  lived  to  per- 
fomi  the  services  of  such  employee  to  the  end  of  the 
year  eighteen  hundred  and  ninety-seven. 

Ajjjjroved  June  23,  1898. 


Kesolutioxs.  805 


RESOLUTIOXS. 


Resolution'  ox  the  illn'ess  of  the  hoxorable  james  e.  hates. 

'\V7(ereas,  We  have  hoard  with  deep  regret  of  the  seri-  ^/"James^Ef* 
oiis  illness  of  one  of  our  fellow  members,  the  Honorable  Haj-ea. 
James  E.  Hayes  of  Sutiblk, 

Therefore,  be  it  resolved,  That  we  extend  to  him  our 
sincere  sympathy  and  that  we  earnestly  wish  that  he  may 
speedily  recover  and  be  able  to  return  to  duty  in  this 
senate. 

In  Senate,  adopted,  February  4,  1898. 

Resolutions  relative  to  the  death  of  james  e.  hates  sena- 
tor FR05I  THE   second   SUFFOLK   DISTRICT. 

Resolved,  That  the  senate  has  learned  with  great  sorrovr  On  the  death 
of  the  death  of  the  Honorable  James  E.  Hayes,  the  Hayes. 
senator  from  the  second  Suffolk  district.  He  had  not 
yet  reached  middle  life,  but  was  suddenly  taken  away  in 
the  full  vigor  of  early  manhood.  He  had  held  many 
important  public  trusts,  and,  in'  the  manly  and  genial 
traits  of  his  character,  he  had  gained  the  warm  and 
earnest  friendship  not  only  of  his  associates  in  the  senate, 
but  of  a  wide  circle  in  the  metropolis  where  he  was  born 
and  where  his  whole  life  had  been  spent  in  the  faithful 
and  able  discharge  of  public  and  private  duty. 

Seldom  has  the  future  seemed  so  full  of  promise  as  it 
vras  for  our  lamented  associate  at  the  commencement  of 
the  present  session  of  the  senate.  We  deeply  lament  the 
loss  which  his  death  has  brought  not  only  to  us  and  to  his 
relatives  and  intimate  friends,  but  to  the  Commonwealth. 

Resolved,  That  we  extend  to  his  family  our  sincere 
sympathy  in  their  bereavement,  and  that  the  senate  will 
attend  the  funeral  of  our  fellow  member. 

Re-^olved,  That  the  clerk  of  the  senate  be  directed  to 
transmit  a  copy  of  these  resolutions  to  the  family  of  our 
late  associate,  and  that  from  respect  to  his  memory  the 
senate  do  now  adjourn. 

In  Senate,  adopted,  February  S,  1898. 


806 


Resolutions. 


tecting  the  in- 
signia of  the 
Red  Cross. 


Resolutions  favoring  national  legislation  for  protecting 

THE   insignia    OF   THE   RED  CROSS. 

Favoring  Resolvsd,  That  the  senators  and  representatives  of  the 

national  legisla-  ^^  i-i        /»   -»«■  • 

tionforpro  OommonvveaitQ  oi  Massachusetts,  in  general  court  assem- 
bled, hereby  request  the  senators  and  representatives  of 
the  Commonwealth  in  congress  to  secure,  if  possible,  the 
passage  of  an  act  to  protect  from  unauthorized  or  improper 
use  the  insignia  of  the  Red  Cross,  adopted  at  Geneva  in 
the  year  eighteen  hundred  and  sixty-four  by  convention 
for  the  amelioration  of  the  condition  of  soldiers  wounded 
in  battle,  and  acceded  to  by  the  Ignited  States  on  the  first 
day  of  March  in  the  year  eighteen  hundred  and  eight^'-two. 
Resolved^  That  properly  attested  copies  of  these  resolu- 
tions be  forwarded  by  the  secretary  of  the  Commonwealth 
to  each  of  the  senators  and  representatives  in  congress 
from  this  Commonw^ealth. 

In  Senate,  adopted,  February  14,  1898. 
In  House  of  Hepresentatives,  adopted  in  concurrence,  February 
17,  1898. 


Frigate  Consti- 
tution. 


On  the  Illness 
of  Burrill 
Porter,  Jr. 


Resolutions  relative  to  the  frigate  constitution. 

Resolved,  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts  hereby  request  the 
senators  and  representatives  of  the  Commonwealth  in  con- 
gress to  urge  such  action  as  may  result  in  the  preservation 
of  the  frigate  Constitution,  now  lying  in  Boston  harbor ; 
suggesting  that  the  vessel  be  placed  on  permanent  ways  in 
Charlestown  navy  yard,  or  elsewhere,  and  that  a  fireproof 
structure  be  erected  over  her,  thus  insuring  her  preserva- 
tion and  final  location  as  an  object  of  patriotic  interest. 

Resolved,  That  a  copy  of  these  resolutions,  properly 
attested,  be  transmitted  by  the  secretary  of  the  Common- 
wealth to  each  of  the  senators  and  representatives  in  con- 
gress from  this  Commonwealth. 

In  Senate,  adopted,  February  17,  1898. 
In  House  of  Representatives,  adopted  in  coricurrence,  February 
23,  1898. 

Resolution  of  sympathy  to  representative  burrill  porter,  jr. 

Resolved,  That  the  members  of  the  house  of  represent- 
atives have  learned  with  sorrow  and  profound  sympathy 
of  the  serious  illness  of  their  friend  and  associate,  Burrill 
Porter,  Jr.,  of  North  Attleborough.     AVe  cherish  the  hope 


Resolutioxs.  807 

of  his  speedy  recovery  and  return  to  the  Massachusetts 
legislature  of  which  he  has  been  for  so  many  years  an 
intelligent,  painstaking  and  conscientious  member. 

In  House  of  Eepresentatives,  adojMd,  March  9, 1898. 
Resolutions  RELATrvE  to   an   amendment   to   the  national 

CONSTITUTION   ENABLING   CONGRESS   TO  ENACT   LAWS   REGULATING 
THE   HOURS   OF   LABOR. 

Resolved,  That,  in  the  opinion  of  the  general  court  of  national  "Jguia. 
Massachusetts,  it  is  desirable  that  the  constitution  of  the  tion  regulating 
United  States  should  be  so  amended  as  to  place  it  clearly  labor. 
within  the  power  of  congress  to  enact  laws  regulating  the 
hours  of  labor  in  the  several   states  according  to  some 
uniform  system ;  and  the  senators  and  representatives  of 
this  Commonwealth  in  congress  are  hereby  requested  to 
use  their  influence  to  secure  the  adoption  of  the  resolution 
proposing  such  an  amendment  to  the  constitution,  which 
is  now  pending. 

Eesolved,  That  properly  attested  copies  of  these  resolu- 
tions be  forwarded  by  the  secretary  of  the  Commonwealth 
to  the  presiding  officers  of  both  branches  of  congress,  and 
also  to  the  senators  and  representatives  in  congress  from 
this  Commonwealth. 

In  House  of  Representatives,  adopted,  March  11,  1898. 
In  Senate,  adopted  in  concurrence,  March  16,  1898. 

Memorial  relative  to  the  extermination  of  the  gypsy  moth. 
To  the  honorable  senate  and  house  of  represejitatives  in  congress 

assembled. 

The  general   court  of  Massachusetts   now   in    session  Extermination 
desire  to  memorialize  your  honorable  bodies  that  you  will  mVth!^^^*^ 
grant  an  appropriation  to  assist  in  the  work  of  extermi- 
nating the  gypsy  moth  in  this  Commonwealth. 

In  the  last  session  of  congress  an  appropriation  was 
made  providing  for  "an  investigation  into  the  ravages 
of  the  gypsy  moth."  This  investigation  has  been  made 
by  Prof.  L.  O.  Howard,  entomologist,  of  Washington, 
D.  C,  in  a  very  thorough  manner.  The  report  has  been 
issued  by  the  department  of  agriculture  and  contains  many 
word^^  of  praise  for  the  work  which  Massachusetts  has  ac- 
complished. He  says:  "It  is  true  that  a  large  amount 
of  money  has  been  expended,  and  it  is  also  true  that  much 
more  money  must  be  expended  before  extermination  can 


808  Resolution's. 

be  accomplished ;  but  it  is  undoubtedly  safe  to  say  that 
the  money  which  has  been  and  will  be  spent  l>y  the  state 
in  this  work  is  but  as  a  drop  in  the  bucket  to  the  loss 
which  would  have  been  occasioned  by  the  insect  had  it 
been  allowed  to  spread  unchecked. 

"  The  loss  would  have  fallen  not  only  upon  the  state 
of  Massachusetts,  but  upon  other  states  of  the  Union,  so 
that  we  may  say  that  the  state  work  has  not  only  been 
wisely  done,  but  that  it  has  been  patriotically  done. 

"  The  simple  fact  that  it  has  unquestionably  been  ex- 
terminated over  considerable  stretches  of  territory,  and 
that  extensive  colonies  existing  in  the  most  disadvanta- 
geous territory  for  the  prosecution  of  remedial  work 
have  been  so  thoroughly  destroyed  that  not  an  individual 
moth  has  been  found  for  three  years  with  the  most  rigid 
annual  inspection,  is  sufficient  proof  of  this  possibility, 
for  what  can  be  done  for  one  section  can  be  done  for  all, 
if  the  means  be  sufficient.  ...  A  continuation  of  the 
appropriations  for  a  few  more  years  is  unquestionably  a 
necessity." 

Were  the  appropriation  to  lapse  a  single  year,  the  work 
which  has  been  done  during  the  past  six  years  would  be 
largely  lost. 

The  $775,000  already  appropriated  would  have  been 
spent  in  vain. 

At  a  meeting  of  the  Association  of  Economic  Entomolo- 
gists held  in  Detroit  Aug.  12  and  13,  1897,  the  following 
preamble  and  resolve  were  unanimously  adopted  :  — 

Whereas,  The  Association  of  Economic  Entomologists 
is  familiar  with  the  efforts  being  made  by  the  state  of 
Massachusetts  to  exterminate  the  gypsy  moth ;  and 

Whereas,  On  two  former  occasions  it  has  endorsed  this 
undertaking  by  public  resolutions  ;  and 

Whereas,  The  existence  of  the  gypsy  moth  in  Massa- 
chusetts is  a  standing  menace,  not  only  to  the  agricultural 
and  forestry  interests  of  that  state,  but  to  those  of  the 
country  at  large ;   therefore,  be  it 

Ilesolved,  That  this  association  would  urge  upon  the 
people  of  Massachusetts  the  danger  of  dilatory  measures, 
and  the  wisdom  and  great  importance  of  i)roviding  liberally 
for  the  work  of  exterminating  the  gypsy  moth. 

At  the  National  Farmers'  Congress  held  at  St.  Paul, 
Aug.  31  to  Sept.  1,  1897,  the  matter,  as  in  former  years, 
was  considered,  and  the  following  resolve  adopted  :  — 


Resolutions.  809 

Resolved,  That  the  efforts  of  the  Commonwealth  of 
Massachusetts  in  endeavoring  to  exterminate  the  imported 
pest  known  as  the  gy])sy  moth  meet  with  our  hearty  ap- 
proval, and  we,  members  of  the  farmers'  national  congress, 
assembled  at  St.  Paul,  earnestly  appeal  to  the  congress 
of  the  United  States  to  aid  our  sister  state  in  extermi- 
nating what  is  liable  to  be  a  national  pest  if  neglected. 

The  unaided  elibrts  of  Massachusetts  to  check  the 
ravages  of  this  pest  have  attracted  wide  attention  and 
since  all  authorities  agree  that  it  is  a  menace  not  only 
to  this  state,  but  to  all  other  states  in  the  Union,  we  peti- 
tion your  honorable  bodies  to  make  an  early  and  liberal 
appropriation  to  be  expended  as  you  may  think  best,  to 
assist  in  the  extermination  of  the  gypsy  moth  in  this  Com- 
monwealth. 

In  Senate,  adopted,  April  1,  1898. 

In  House  of  Representatives,  adopted  in  concurrence,  Ap)ril  5, 
1898. 

Resolution  on  charles  p.  mills. 
Whereas,  The  members  of  the  Massachusetts  house  of  ontheiiineBs 

.  ,  •    1        1  /•      1  .  T    of  Charles  ir. 

representatives   learn  with  deep  regret  or  the  continued  mhu. 
illness  of  representative  Charles  P.  Mills  of  Newburyport, 
therefore 

Resolved,  That  we,  his  co-workers  in  the  aifairs  of  state, 
hope  and  confidently  trust  that  he  will  be  speedily  restored 
to  his  wonted  condition  of  health,  which  will  enable  him 
to  actively  resume  his  useful  labors  in  the  community  in 
which  he  lives,  and  as  a  legislator  of  this  Commonwealth. 

In  House  of  Representatives,  adopted,  April  28,  1898. 

Resolutions  on  the  death  of  the  honorable  Elijah  a.  morse 

Whereas,  The  recent  decease  of  the  Honorable  Elijah  on  the  death 
A.  Morse  has  removed  one  of  the  leading  citizens  of  this  mo^bc."^ 
Commonwealth 

Resolved,  That  in  the  death  of  this  distinguished  public 
man  this  Commonwealth  has  experienced  a  great  loss. 
Although  retired  during  the  last  few  years  from  active 
public  lite  his  eminent  services  to  the  Commonwealth  and 
to  the  nation  have  not  been  forgotten.  As  a  member  both 
of  the  house  and  of  the  senate  of  this  Commonw^ealth  he 
stood  foremost  among  those  who  supported  with  voice  and 


810  Resolutions. 

influence  those  measures  which  were  for  the  best  interests 
of  the  public.  As  a  member  of  the  national  legislature 
he  continued  to  advocate  the  same  no])le  principles  and 
left  a  record  of  life-long  devotion  to  high  ideals.  In 
these  times  of  war  the  Commonwealth  is  also  mindful 
of  his  devotion  to  his  country  as  shown  by  his  prompt 
enlistment  as  a  young  man  in  the  union  army  during  the 
war  of  the  rebellion  and  his  honorable  service  as  a  soldier 
in  the  field. 

Resolved,  That  copies  of  these  resolutions,  properly 
attested,  be. transmitted  to  the  family  of  the  deceased  as 
a  token  of  our  symi)athy  with  those  who  are  left  to  mourn 
a  private  as  well  as  a  public  loss. 

In  House  of  liepresentatives,  adopted,  June  9,  1898. 
In  Senate,  adojjted  in  concurrence,  Ju.ne  20,  1898. 


The  general  court  of  1808,  during  its  annual  session,  passed  580  acts 
and  119  resolves  which  received  the  approval  of  his  excellency  the 
governor. 

Two  acts  entitled  respectively,  "  An  Act  relative  to  appointments  la 
the  fire  department  of  the  city  of  Boston,"  and  "  An  Act  to  reorganize 
the  board  of  aldermen  and  common  council  of  the  city  of  Boston,"  and 
one  resolve  entitled,  "  A  Resolve  in  favor  of  George  P.  Smith  "  were 
passed  and  laid  before  the  governor  for  his  approval,  and  were  re- 
turned, with  objections  thereto,  to  the  branch  in  which  they  origi- 
nated; were  reconsidered,  and  tiie  vote  being  taken  on  passing  the 
same,  the  objections  of  the  governor  to  the  contrary  notwithstanding, 
they  were  i-ejected,  two  thirds  of  the  members  present  and  voting 
thereon  not  having  voted  in  the  affirmative. 

The  general  court  was  prorogued  on  Thursday,  June  23,  at  10.41 
P.M.,  the  session  having  occupied  170  days. 


Goverxor's  Address.  811 


INAUGURAL    ADDRESS 


His  Excellency  Eoger  Wolcott. 


At  twelve  o'clock  on  Thursday,  the  sixth  day  of  Jan- 
uary, his  excellency  the  governor,  accompanied  by  his 
honor  the  lieutenant  governor,  the  members  of  the  ex- 
ecutive council,  and  officers  of  the  civil  and  military 
departments  of  the  government,  attended  by  a  joint 
committee  of  the  two  houses,  met  the  senate  and  house 
of  representatives,  in  convention,  and  delivered  the 
following 

ADDRESS. 

Members  of  the  General  Court  of  Massachusetts : 

The  year  which  has  just  closed  has  been  one  of  tranquil 
and  orderly  administration  of  the  afiairs  of  the  Common- 
wealth. If  it  has  not  been  one  of  great  prosperity  it  has 
at  least  been  without  serious  calamit3^  While  however 
it  has  not  been  marked  by  occurrences  of  a  startling  or 
unexpected  character  it  has  yet  witnessed  events  of  a 
nature  calculated  to  stimulate  patriotism,  and  to  strengthen 
those  sentiments  of  deep  gratitude  and  veneration  towards 
the  founders  of  the  Republic  which  are  a  precious  heritage 
from  the  past.  The  Commonwealth  was  officially  repre- 
sented at  the  impressive  pageant  which  attended  the  dedi- 
cation of  the  Grant  monument  in  the  city  of  New  York, 
and  also  at  the  interesting  exposition  which  commemo- 
rated the  centennial  anniversary  of  the  admission  into  the 
Union  of  the  state  of  Tennessee.  On  the  fourth  day  of 
March  official  and  ceremonial  notice  was  taken  of  the  in- 
auguration, one  hundred  years  ago,  of  the  first  president 
given  by  the  Commonwealth  to  the  nation.  In  May  the 
delivery  into  the  custody  of  the  Commonwealth,  through 


812  Governor's  Address. 

an  act  of  generous  international  courtesy  on  the  part  of 
Great  Britain,  of  the  priceless  manuscript  history  of  the 
Plimouth  Plantation  by  Gov.  William  Bradford,  was  made 
the  occasion  of  services  in  this  chamber  which  expressed 
the  appreciative  gratitude  with  which  the  gift  was  received 
by  the  people  of  jMassachusetts.  Later  in  the  same  month 
the  Commonwealth  took  pai-t  in  the  solemn  services  at- 
tending the  unveiling  of  the  beautiful  monument  on  Bos- 
ton Common,  facing  the  state  house,  which  for  all  time 
will  commemorate  the  valor  of  the  Fifty-fourth  Regiment, 
Massachusetts  Volunteers,  and  of  its  heroic  commander. 
In  the  autumn  the  return  to  Boston  harbor  of  the  old 
frigate  "  Constitution,"  the  most  famous  vessel  of  the 
navy  of  the  United  States,  on  the  one  hundredth  anni- 
versary of  her  launching,  was  fittingly  celebrated  by  a 
military  and  naval  display  and  by  the  eloquent  rehearsal 
of  her  victories.  Such  acts  of  commemoration  speak  to 
the  heart  of  our  people,  and  quicken  the  pulse  of  loyalty 
to  the  nation's  honor. 

The  improved  condition  which  was  noted  at  the  begin- 
ning of  the  jxar  has  been  maintained  in  many  branches 
of  business,  and  there  is  reason  to  believe  that  it  will 
become  more  general  daring  the  present  year,  but  the 
great  manufacturing  interests  of  Massachusetts  are  not 
yet  restored  to  a  footing  of  assured  prosperity.  Until 
this  be  the  case  the  rewards  both  of  labor  and  of  capital 
will  continue  uncertain,  and  final  and  complete  recovery 
from  the  long  period  of  business  depression  and  loss 
through  which  we  have  passed  will  be  delayed.  Under 
these  circumstances  the  practice  of  rigid  economy  in  both 
private  and  public  expenditure  is  still  the  enforced  lesson 
of  the  time,  and  the  paramount  duty  of  the  Commonwealth 
as  well  as  of  the  individual  citizen. 

I  shall  mention  later  a  limited  number  of  matters  of 
importance  which  this  session  of  the  legislature  will  be 
called  upon  to  consider,  referring  you  for  more  complete 
information  to  the  re})orts  of  the  several  departments. 
But  the  experience  of  another  year  has  served  to  strengthen 
my  opinion  of  the  lack  of  adequate  public  necessity  for 
a  considerable  portion  of  the  legislation  yearly  enacted. 
I  trust  that  a  generous  share  of  your  watchfulness  for  the 
public  good  may  be  devoted  to  the  defeat  of  unnecessary 
legislation,  in  support  of  which  there  is  no  general  public 
demand  and  no  clear  justitication. 


Goverxok's  Address.  813 

The  dosing  hours  of  a  legislative  session  are  a  time  of 
great  strain  and  embarrassment  to  the  executive.  There 
are  annually  presented  to  him  for  executive  approval,  dur- 
ing the  tinal  night  of  the  session,  a  large  number  of  bills, 
including  often  some  of  the  most  complex  and  difficult 
bills  ^vhich  the  session  has  produced,  action  upon  which 
has  been  delayed  by  the  legislature,  owing  in  some  cases 
})erhaps  to  their  inability  to  deal  with  them  at  an  earlier 
date ;  and  yet  the  executive  is  expected  to  pass  final 
judgment  upon  the  merits  of  many  such  in  a  single 
night  ;  the  only  alternative  left  him  being  to  keep  the 
legislature  in  session,  after  they  have  no  further  business 
to  occupy  them,  up  to  the  constitutional  limit  of  time 
allowed  him  for  the  examination  of  bills.  Nor  in  many  of 
the  most  difficult  cases  is  it  possible  for  the  executive,  by 
keeping  informed  in  advance  of  the  bills  which  are  likely 
to  be  laid  before  him,  to  be  prepared  to  act  upon  them 
without  delay.  Many  of  those  to  which  he  may  have 
given  the  most  careful  study  are  rejected  on  their  final 
passage,  while  upon  others  are  engrafted  so  many  and 
such  imjiortant  amendments  as  to  change  entirely  their 
purj)ort  and  the  correlation  of  their  parts.  I  ask  that,  as 
the  session  nears  its  close,  you  will  extend  to  the  execu- 
tive the  consideration  of  endeavoring  not  to  impose  upon 
him  duties  which  it  is  well-nigh  impossible  for  him  rightly 
to  perform. 

STATE    DEBT, 

The  following  figures  show  the  recent  rapid  increase  of 
the  State  debt :' — ' 

Netdebt  Jan.  1,  1895, $4,377,663  19 

Net  debt  Jan.  1,  1896, 6,140,380  10 

Ket  debt  Jan.  1,  1897, 10,766,648  02 

Ket  debt  Jan.  1,  1898, 12,462,378  82 

In  this  statement  the  net  debt  signifies  the  net  direct 
funded  debt  of  the  Commonwealth,  after  deduction  from 
the  gross  del)t  of  the  several  sinking  funds  in  the  hands 
of  the  treasurer,  and  also  of  the  contingent  debt,  the  latter 
being  the  amount  of  indebtedness  incurred  by  the  Com- 
monwealth in  behalf  of  certain  cities  and  towns,  and  in- 
cluded in  its  gross  debt,  but  which  will  ultimately  l)e 
repaid  to  the  Commonwealth  by  the  municipalities  which 
are  the  real  debtors.     The  purposes  for  which  the  sums 


81J:  Governor's  Address. 

included  in  the  contingent  debt  were  expended  are  indi- 
cated by  the  titles  of  the  several  loans,  —  metropolitan 
sewerage,  metropolitan  parks  and  metropolitan  water. 
The  very  large  expenditure  in  which  the  Commonwealth 
thus  acts  as  disbursing  agent  for  the  so-called  metropoli- 
tan district  was  made  necessary  by  the  increasing  popula- 
tion of  this  area  and  ])y  a  due  regard  to  the  health  and 
comfort  of  the  inhabitants,  Init  the  burden  of  its  gradual 
payment  has  hardly  yet  begun  to  be  borne  by  those  who 
are  to  reap  the  benefit  of  it. 

The  great  increase  in  the  net  debt  above  indicated  is 
chiefly  accounted  for  by  the  following  items  :  — Purchase 
of  land  and  construction  of  the  state  house  extension, 
including  the  land  bounded  by  Hancock,  Derne,  Bow- 
doin,  Beacon  and  Mt.  Vernon  streets ;  restoration  of  the 
Bulfinch  state  house ;  abolition  of  grade  crossings ;  im- 
provement of  Boston  harbor ;  state  highways ;  and  the 
construction  of  the  Medfield  insane  asylum  and  of  the 
two  institutions  for  consumptives  and  dipsomaniacs.  It 
may  be  difficult  to  single  out  any  part  of  this  expenditure 
as  unnecessary  or  unwise,  and  yet  in  the  aggregate  it  has 
resulted  in  increasing  nearly  threefold  the  net  del)t  of  the 
Commonwealth  in  the  l)rief  term  of  three  years.  This 
result  cannot  be  regarded  with  indifterence.  A  more 
healthful  condition  of  the  body  politic  is  indicated  when 
the  debt  of  state,  city  or  town  is  in  process  of  gradual 
extinction  rather  than  of  rapid  increase.  Increase  of 
debt  means  increase  of  burden,  and  of  its  added  weight 
each  one  is  compelled  directly  or  indirectly  to  bear  his 
share.  Beyond  the  continued  prosecution  of  enterprises 
already-  begun  by  the  Commonwealth  I  trust  that  in  the 
immediate  future  your  honorable  bodies  may  decline  to 
add  to  the  existing  debt  of  the  state,  and  that  you  may 
scrutinize  with  the  utmost  care,  and  with  a  deliberate 
purpose  to  confine  within  reasonable  limits,  all  expendi- 
tures of  whatever  nature  which  you  may  be  invited  to 
make.  Liberality  easil}''  passes  into  extravagance,  and 
this  the  people  of  the  Commonwealth  will  not  lightly 
condone. 

A  considerable  portion  of  the  annual  legislation  of  this 
Commonwealth  consists  of  acts  permitting  cities  and  towns 
for  various  purposes  to  exceed  the  limit  of  indebtedness 
fixed  by  statute.  Here  too,  in  the  absence  of  general  leg- 
islation on  the  subject,  which  is  much  to  be  desired,  I 


Governor's  Address.  815 

think  that  a  more  stringent  scrutiny  of  such  petitions  and 
a  less  easy  compliance  with  them  than  has  sometimes  been 
accorded  in  the  past  would  prove  a  healthful  check  upon 
a  jn-actice  of  increasing  frequency,  and  in  many  cases  of 
doubtful  expediency. 

STATE    INSTITUTIONS. 

It  has  ever  been  the  policy  of  the  Commonwealth  to 
make  liberal  provision  for  the  relief  of  the  poor  and  un- 
fortunate, and  for  the  custody  and  reformation  of  the 
vicious.  The  results  of  this  ])olicy  have  been  in  the  main 
highly  creditable  to  the  enlightened  humanity  of  her  leg- 
islation. The  charitable,  penal  and  reformatory  institu- 
tions under  the  immediate  control  of  the  Commonwealth 
are  generally  well  administered  and  in  excellent  condition. 
Yet,  if  we  would  preserve  for  Massachusetts  the  high  rank 
among  her  sister  states  which  has  heretofore  been  accorded 
her  in  this  important  department  of  responsibility  and 
expenditure,  those  who  are  intrusted  with  the  duty  of 
legislation  should  be  prepared  at  all  times  to  accord  a  gen- 
erous measure  of  their  time  and  thought  to  such  proposed 
changes  in  either  system  or  method  as  may  bear  the  prom- 
ise of  substantial  improvement.  The  report  of  the  com- 
mission authorized  by  chapter  60  of  the  resolves  of  1896 
was  laid  before  the  legislature  of  1897  in  its  completed 
form  at  a  somewhat  late  date  in  the  session,  and  was 
found  to  contain  so  many  and  such  important  recommen- 
dations that  your  predecessors,  wisely  determining  that 
action  should  not  be  hastily  taken,  referred  the  final  con- 
sideration of  the  report  to  the  present  general  court. 

By  the  discussion  of  the  report  of  the  commission  which 
was  had  at  the  time  of  its  presentation,  as  well  as  by 
statements  which  have  been  made  to  me  since,  I  am  led 
to  believe  that  the  weight  of  opinion  among  those  most 
fully  acquainted  with  the  subject  is  in  favor  of  final  state 
control  of  all  the  pauper  insane  and  of  all  offenders  against 
the  laws  of  the  Connnonwealth.  It  is  claimed,  and  I  think 
with  reason,  that  such  state  control  would  result  in  more 
complete  classification,  in  greater  and  more  enlightened 
uniformity  of  treatment,  and  in  better  opportunity  for 
industrial  employment  than  are  possible  under  the  present 
varying  methods  of  nuinici})al  and  count}'  control.  The 
board  of  lunacy  and  charity  now  has  supervision  over  the 


816  Governor's  Address. 

insane  wards  of  the  Commonwealth  as  well  as  over  its 
charitable  institutions  and  interests.  These  two  functions 
are  not  closely  related  in  their  nature,  and  both  are  con- 
stantly increasing  in  extent  and  in  complexity  of  devel- 
opment. However  faithful  the  members  of  this  l>oard 
may  be  in  the  performance  of  their  twofold  duties  it  is 
believed  by  many  that  better  results  would  be  obtained 
by  a  separation  of  these  diverse  functions,  to  the  end  that 
each  of  these  departments  may  receive  the  exclusive  at- 
tention of  those  best  fitted  by  interest  and  experience  to 
arrive  at  the  wisest  solution  of  its  many  problems.  In 
the  above  recommendations  of  the  commission  I  concur, 
and  I  further  commend  to  your  careful  consideration  the 
other  suggestions  contained  in  their  report. 

In  many  respects  the  most  important  department  of 
charitable  work  is  that  which  deals  with  the  young. 
With  many  other  classes  of  the  dependent  and  unfortu- 
nate, whether  their  condition  is  due  to  inheritance,  to 
vice,  or  to  mischance,  the  problem  presented  is  simpl}'' 
how  best  to  provide  for  their  humane  custody  and  con- 
trol until  death  shall  bring  relief;  but  with  children, 
even  those  who  begin  life  under  adverse  conditions,  the 
problem  is  at  once  more  difficult  and  more  hopeful.  In 
the  interest  both  of  humanity  and  of  a  wise  economy 
special  effort  should  be  made  to  render  as  favorable  as 
possible  the  opportunities  for  growth  into  worthy  man- 
hood which  the  state  extends  to  the  children  committed 
to  its  charge. 

The  duties  of  direct  administration  and  of  critical  super- 
vision are  distinct  in  theory,  and  are  merged  in  practice 
only  in  the  case  of  certain  minor  wards  of  the  state,  of 
a  ver}'^  limited  number  of  pauper  insane  and  of  Indians 
who  have  not  acquired  settlements  in  any  town  in  the 
Commonwealth.  The  two  latter  classes  are  insignificant 
in  num])ers  and  are  not  rapidly  increasing.  But  the  first 
class  referred  to,  consisting  of  nearly  two  thousand  de- 
pendent and  neglected  children  and  juvenile  oflenders, 
seems  to  furnish  an  important  exception  to  the  general 
policy  of  the  Connnonwealth,  and  you  are  asked  to  con- 
sider whether  it  is  wise  that  it  should  continue. 

The  state  prison  at  Charlestown,  the  Massachusetts 
reformatory,  and  the  reformatory  prison  for  women,  con- 
tinue to  show  the  results  of  wise  and  humane  administra- 
tion as  well  as  of  excellent  business  management.  The 
state  prison  is  now  overcrowded  with  inmates,  and  pro- 


Govert^or's  Address.  817 

vision  will  have  to  be  made  at  an  early  day  for  increased 
numbers.  On  the  occasion,  durinii;  the  past  year,  of  a 
desperate  attempt  to  break  out  of  this  prison,  the  conduct 
both  of  officers  and  prisoners  was  such  as  to  reflect  credit 
upon  the  discipline  of  the  institution.  Humanity  and 
experience  alike  insist  upon  the  moral  and  physical  im- 
portance of  the  steady  industrial  employment  of  all  able- 
bodied  prisoners.  In  consequence  of  recent  legislation 
certain  changes  in  the  prison  industries  went  into  eflfect 
on  the  first  day  of  the  current  month,  and  these  changes 
will  probablj''  make  necessary  larger  appropriations  than 
heretofore  for  the  maintenance  of  these  industries.  It  is 
prol)al)le  that  there  may  be  an  increase  in  the  manufacture 
of  goods  for  use  in  the  public  institutions  of  the  Com- 
monwealth, and,  in  order  to  carry  out  the  purpose  of  the 
legislature,  it  may  be  wise  to  make  compulsory  the  pur- 
chase of  such  goods  by  the  institutions. 

STREET    RAILWAYS. 

In  my  address  to  the  legislature  in  January  last  I  re- 
ferred to  the  need  of  further  legislation  to  define  and  reg- 
ulate the  mutual  relations  existing  between  street  railway 
corporations  and  the  municipalities  which  are  the  grantors 
of  the  rights  to  occupy  and  use  the  public  ways  for  the 
transportation  of  passengers.  The  great  and  increasing 
importance  and  compiexit}'  of  these  relations  led  your 
predecessors  to  provide  for  the  appointment  of  a  com- 
mittee to  investigate  the  subject  in  its  various  aspects  and 
to  report  their  conclusions  thereon  to  the  present  legis- 
lature. It  is  important  that  a  wise  and  equitable  solution 
of  this  problem  should  be  early  reached,  as  present  legis- 
lation on  this  sul)ject  is  not  in  a  satisfactory  condition; 
and  the  recommendations  of  the  committee  will,  I  feel 
assured,  receive  your  careful  consideration. 

One  of  the  most  important  measures  passed  by  the  leg- 
islature of  1897  was  the  "Act  to  promote  rapid  transit  in 
the  city  of  Boston  and  vicinity."  The  petitioners  for  this 
legislation  were  men  who,  through  the  control  of  large 
means  and  by  the  possession  of  great  business  experience, 
were  well  fitted  to  prosecute  an  extensive  and  costly  enter- 
prise, which  gave  promise  of  overcoming,  in  part  at  least, 
the  difficulties  which  in  Boston  have  made  rapid  transit  so 
tardy  of  realization.  It  may  be  safely  affirmed  that  the 
feeling  was  general  in  favor  of  granting  the  prayer  of  the 


818  Govekxor's  Address. 

petitioners,  and  thus  enabling  them  to  carry  into  execu- 
tion their  ela])orate  plans  of  construction ;  provided,  in 
bestowing  so  important  a  franchise,  the  rights  and  inter- 
ests, both  present  and  prospective,  of  the  public  should 
be  safely  guarded.  With  this  purpose  many  important 
modifications  of  the  bill  as  first  presented  were  made  by 
the  legislature,  some  of  them  immediately  before  its  final 
passage  to  meet  objections  raised  by  the  executive,  and 
as  so  amended  the  bill  received  my  approval.  This  was 
ffiven  not  without  hesitation,  but  in  confident  reliance  that 
the  discretion  entrusted  by  the  bill  to  the  board  of  rail- 
road commissioners  to  pass  judgment  upon  certain  points 
necessarily  left  undetermined  therein  would  be  so  exer- 
cised as  to  be  consistent  with  the  public  interests  and  in 
accord  with  public  i)olicy.  By  the  recent  decisions  of 
the  board  upon  the  AA^est  End  liailway  lease  this  reliance 
is  shown  not  to  have  been  misplaced.  The  commissioners, 
in  my  opinion,  have  treated  the  difficult  questions  sub- 
mitted to  them  with  ability,  and  with  a  single  eye  to  the 
public  welfare.  Such  action  justifies  the  well  settled 
policy  of  the  Commonwealth,  in  granting  large  powers  to 
corporations  exercising  their  franchises  under  authority 
of  the  Commonwealth,  to  leave  to  the  several  commis- 
sions- the  decision  of  certain  details,  relying  upon  them 
to  exercise  with  wisdom  and  fearlessness  that  supervision 
which  the  public  interests  require. 

The  section  of  the  subway  extending  from  the  western 
entrance  in  the  Public  Garden  to  Park  street,  and  that 
from  the  southern  entrance  on  Shawuuit  avenue  to  the 
corner  of  Boylston  and  Tremont  streets,  have  now  l)een 
in  operation  for  several  months.  It  is  gratifying  to  note 
the  fact  that  they  have  already  ]iroved  of  great  advantage 
in  promoting  the  rapid  transit  of  passengers  and  in  reliev- 
ing the  congestion  of  traffic  on  adjacent  streets.  Another 
year  will  witness  the  completion  of  the  subway  from  Park 
street  to  the  vicinity  of  the  Union  Station  on  Causeway 
street,  and  the  full  benefit  of  this  great  work  in  removing 
the  burden  of  street  car  traffic  from  certain  of  our  princi- 
pal streets  will,  it  is  confidently  expected,  be  then  realized. 

TAXATION. 

The  commission  on  taxation,  of  whose  difficult  and  im- 
portant labors  mention  was  made  in  my  inaugural  address 
of  last  year,  have  made  their   report.     It  will    demand 


Governor's  Address.  819 

your  studious  and  considerate  attention.  I  deemed  it  to 
be  my  duty  in  making  up  this  commission  to  appoint  upon 
it  men  who  should  represent  diticrent  interests  and  occu- 
pations, and  who  might  be  expected  to  approach  the  sub- 
ject with  open  minds,  rather  than  to  confine  my  selection 
to  any  ])articular  occupation  or  to  those  who  had  publicly 
announced  the  views  they  had  already  formed  on  the  sub- 
ject. The  hope  that  a  commission  so  constituted  might, 
u})on  study  of  facts  and  discussion  of  opinions,  agree  upon 
one  set  of  conclusions,  has  not  been  fully  realized.  It  was 
perhaps  inevitable,  and  is  hardly  to  be  regretted,  that  there 
should  be  more  than  one  report,  ably  presenting  the  widely 
divergent  views  which  prevail  on  this  important  topic.  It 
is  to  be  noted  however  that  no  one  of  these  reports  is  con- 
tent with  existing  legislation.  If  your  wisdom  shall  be 
able  to  contrive  such  changes  in  the  system  or  methods 
of  taxation  as  shall  secure  greater  simplicity  and  equality 
of  incidence,  and  to  enact  a  just  law  which  shall  be  easy 
to  execute  and  difficult  to  evade,  you  will  have  done  much 
to  promote  the  welfare  of  our  citizens  and  the  prosperity 
of  our  commercial  and  industrial  interests.  The  subject 
is  one  of  great  difficulty,  and  no  solution  in  accordance 
with  equal  and  exact  justice  can  be  hoped  for  unless  its 
discussion  is  approached  with  minds  free  from  the  bias  of 
personal  and  selfish  interest,  and  eager  only  to  advance 
the  common  weal. 

The  Constitution  of  the  Commonwealth  gives  power  to 
the  general  court  to  impose  proportional  and  reasonable 
taxes.  This  fundamental  principle  should  be  maintained. 
Rich  and  poor  alike  should  bear  their  proportion  of  the 
jniblic  burdens.  There  should  be  no  discrimination  against 
the  householder  and  the  man  of  business.  The  spirit  of 
the  legislation  of  Massachusetts  is  to  accord  equal  rights 
and  privileges  and  to  impose  equal  burdens  upon  all. 

INSURANCE. 

It  has  long  been  the  policy  of  the  Commonwealth  to 
provide  for  the  protection  and  security  of  those  holding 
contracts  of  insurance,  by  statutory  regulation  and  official 
supervision,  not  only  of  companies  chartered  under  its 
laws  but  also  of  foreign  companies  authorized  to  carry 
on  their  business  within  our  borders.  A  large  portion 
of  the  holders  of  insurance  policies,  especially  those  pro- 
viding for  the  payment  of  a  benefit  to  the  family  of  the 


820  Governor's  Address. 

insured  after  his  death,  are  persons  of  moderate  fortune 
and  without  the  means  of  knowing  the  condition  of  the 
companies  in  which  they  insure.  To  such,  and  to  all 
other  policy  holders  as  well,  the  Commonwealth  has  held 
out  the  assurance  that  the  companies  under  its  supervision 
and  control  should  be  honestly  and  prudently  managed. 
This  assurance  has  been  of  great  benedt  to  our  citizens 
in  a  matter  of  grave  concern  to  them,  has  given  our  com- 
panies a  high  standing  in  other  states,  and  added  to  the 
reputation  of  Massachusetts  as  a  conservative  and  well 
governed  Commonwealth. 

The  collapse  however  within  the  past  year  of  two  of 
the  largest  assessment  insurance  companies  has  been  a 
severe  blow  to  the  feeling  of  security  on  the  part  of 
holders  of  life  insurance  policies  and  to  the  good  name 
of  the  Commonwealth  as  well.  Whether  the  cause  of 
,  these  failures  has  been  due  to  mismanagement  by  those 
in  charge  of  the  business  of  the  companies,  to  the  lack 
of  adequate  supervision  and  failure  to  give  due  warning 
of  danger  on  the  part  of  the  officers  of  the  Common- 
wealth, or  to  the  system  under  which  the  business  was 
permitted  to  be  carried  on  under  our  laws,  it  cannot  be 
denied  that  the  reputation  of  the  Commonwealth  for  wise 
and  eifective  insurance  legislation  has  sufi'ered. 

Most  of  the  mischief  has  probably  been  done ;  but  the 
lesson  which  these  failures  teach  should  not  be  lost.  If 
by  more  stringent  legislation,  correcting  whatever  is  loose 
and  ineffective  in  existing  statutes,  a  repetition  of  the 
recent  disasters  can  be  prevented,  it  is  due  to  our  citi- 
zens and  to  the  Commonwealth  that  such  legislation  be 
enacted.  I  invite  your  careful  attention  to  this  important 
subject. 

In  this  connection  I  ask  you  also  to  consider  whether 
further  legislation  is  needed  looking  to  the  security  of  the 
business  of  fidelity  insurance.  This  form  of  insurance  has 
greatly  increased  within  the  past  few  years.  A  consider- 
able proportion  of  the  bonds  given  to  probate  courts,  and 
by  public  officers,  as  well  as  by  officers  of  private  corjio- 
rations,  is  secured  by  fidelity  insurance  companies.  If 
these  companies  are  sound  and  are  conducted  on  safe 
principles  bonds  so  secured  may  afford  a  stronger  pro- 
tection than  is  given  by  the  ordinary  method  of  personal 
sureties.  But  liability  under  these  contracts  has  for  the 
most  })art  not  yet  accrued,  and  when  it  does  accrue  pro- 


Governor's  Address.  821 

tective  le^rislation  may  be  too  late.  In  view  of  the  growth 
and  increasiiii):  importance  of  this  class  of  insurance  I  rec- 
ommend a  careful  exaniination  of  the  laws  purporting  to 
secure  those  who  may  have  rights  under  such  contracts. 

EDUCATION. 

Of  the  total  number  of  children  who  attend  school  in 
this  Conmionwealth  more  than  eighty-six  per  cent,  attend 
the  public  schools,  the  remaining  fourteen  per  cent,  being 
taught  in  private  schools.  The  proportion  of  pupils  who 
pass  on  to  the  high  schools  is  increasing,  and  the  pay  of 
teachers,  as  well  as  the  total  amount  expended  for  the 
support  of  the  school  system,  is  greater  than  in  previ- 
ous years.  The  state  wisely  lends  its  assistance  where 
help  is  needed  in  meeting  the  advanced  requirements 
imposed  by  legislation,  and  this  assistance  is  so  given  as 
to  stimulate  rather  than  to  supersede  local  efibrt.  During 
the  i)ast  year  three  new  normal  schools  have  been  opened, 
and  the  number  in  attendance  has  greatly  increased,  in 
spite  of  more  rigid  requirements  for  admission. 

The  nautical  training  school  has  had  a  successful  year, 
and  the  public  appreciation  of  the  value  of  the  training  it 
furnishes  is  shown  not  only  by  the  success  of  its  graduates 
in  obtaining  employment  but  also  by  an  increase  in  the 
number  of  applications  for  admission,  permitting  a  greater 
care  in  the  selection  of  its  cadets  than  has  been  possible 
heretofore. 

In  the  textile  school  at  Lowell  the  Commonwealth  has  in- 
augurated with  marked  promise  of  success  an  experiment 
which  is  likely  to  prove  of  much  importance  to  the  future 
maintenance  of  the  manufacturing  supremacy  of  Massa- 
chusetts, which  will  be  found  to  depend  more  largely  than 
heretofore  upon  the  ability  of  its  people  to  produce  the 
finer  qualities  of  goods,  which  in  texture  and  design  re- 
quire training  and  skill  for  their  manufacture. 

THE    MILITIA. 

Certain  changes  in  the  law  affecting  the  militia  of  the 
Commonwealth,  enacted  at  the  last  session  of  the  legis- 
lature, have  gone  into  effect,  and  in  compliance  therewith 
Briiiudicr-Generals  Peach  and  Bridges,  after  many  years 
of  faithful  service,  have  been  placed  on  the  retired  list  and 


822  Governor's  Address. 

their  successors  have  been  duly  elected.  The  tirst  regi- 
ment of  infantry  has  been  changed  into  the  first  regiment 
of  heavy  artillery,  and  will  thus  constitute  a  coast  defence 
reserve  force  which  will  add  greatly  to  the  security  of 
our  coast  line  and  to  the  defences  of  Boston  harbor. 
The  reports  upon  the  various  branches  of  the  state  militia, 
made  by  the  inspector  general  of  this  Commonwealth,  as 
well  as  by  Colonel  Kline,  the  officer  of  the  regular  army 
detailed  for  that  purpose  by  the  United  States  government, 
while  not  free  from  the  degree  of  criticism  which  shows 
close  observation  and  honest  expression,  speak  in  high 
terms  of  commendation  of  the  personnel,  discipline  and 
general  zeal  and  efficiency  which  characterize  the  service. 
I  believe  that  this  commendation  is  deserved,  but  no  effort 
should  be  relaxed  either  in  the  quarters  of  the  officers  or 
in  the  tents  of  the  privates  to  stimulate  still  further  that 
spirit  of  earnest  enthusiasm  and  zealous  emulation  which 
refuses  to  rest  satisfied  while  improvement  is  possible. 
An  orderly  and  well  disciplined  militia  is  capable  of  being 
an  excellent  school  of  instruction  in  many  of  the  virtues 
which  characterize  the  best  type  of  citizenship. 

BOSTON   HARBOR. 

The  much  needed  improvements  in  Boston  harbor,  de- 
manded by  the  importance  of  the  commercial  interests  of 
the  port,  have  been  forwarded  during  the  year  through 
both  national  and  state  agencies. 

The  main  ship  channel  at  the  entrance  to  the  harbor 
has  been  freed  from  rocks  and  shoals,  so  that  there  is  now 
a  uniform  depth  of  twenty-seven  feet  at  mean  low  water, 
with  a  width  of  one  thousand  feet  as  far  up  as  the  Nar- 
rows. Under  a  contract  with  the  federal  government  to 
continue  the  same  width  and  depth  of  channel  up  to  the 
city  tlie  work  of  dredging  is  now  going  on,  and  will 
probably  result  during  the  coming  season  in  the  com])le- 
tion  of  a  channel  of  like  dimensions  to  President's  Roads. 

An  examination  of  the  proposed  new  ship  channel 
through  Broad  Sound  has  been  made,  and  it  is  expected 
that  Congress  will  be  asked  during  the  coming  session  for 
an  appropriation  sufficient  for  the  excavation  of  a  channel 
by  this  route  twelve  hundred  feet  wide  and  thirty  feet 
deep  at  mean  low  water. 

Boston  has  suffered  in  the  past  from  the  lack  of  a  free 


GovERNOii's  Address.  823 

and  deep  waterway  for  large  vessels  approachinir  her 
wharves.  It  has  been  a  serious  obstacle  to  the  due  expan- 
sion of  her  shipping  interests,  from  the  burden  of  wiiich 
relief  should  not  be  longer  delayed. 

With  the  view  of  providing  for  the  future  still  greater 
facilities  for  the  commerce  of  the  port  the  legislature  of 
last  year  authorized  the  expenditure  of  a  large  sum  to 
secure  public  ownership  and  control  of  certain  portions 
of  the  foreshore  of  Boston  harbor  and  for  the  construc- 
tion of  a  pier  and  dock  on  the  Commonwealth's  flats  at 
South  Boston.  A  contract  for  the  foundations  and  core 
of  this  pier  has  been  made  by  the  harbor  and  land  com- 
missioners, which  it  is  expected  will  secure  its  completion 
and  readiness  for  service  before  the  contemplated  improve- 
ments above  referred  to  in  the  ship  channel  shall  be  fully 
carried  out.  Owing  to  the  dislodgement  of  many  in- 
dustries and  business  tirms  through  the  location  of  the 
Southern  Union  Station,  the  attention  of  investors  and 
business  men  has  been  turned  in  larger  measure  than  here- 
tofore to  the  undeveloped  property  of  the  Commonwealth 
at  South  Boston,  and  to  the  increased  use  of  the  wharf 
properties  of  South  Bay. 

TOPOGRAPHICAL    SURVEY   COMMISSION. 

Provision  was  last  year  made  by  the  legislature  for  the 
relocation,  under  the  direction  of  the  topographical  sur- 
vey commission,  of  the  boundary  lines  between  this  Com- 
monwealth and  the  adjoining  states  of  New  York  and 
Rhode  Island.  The  surveys  for  these  lines,  which  have 
been  made  at  the  joint  expense  of  the  states  bordering 
upon  them,  have  clearly  demonstrated  the  necessity  of 
the  work,  owing  to  the  ol)literation  of  former  landmarks 
and  the  uncertainty  of  former  lines.  It  is  probable  that 
the  boundary  line  between  Massachusetts  and  Connecticut 
will  for  like  reasons  require  early  attention. 

METROPOLITAN   WATER   BOARD. 

The  great  constructive  work  committed  to  this  board 
has  been  prosecuted  with  vigor  and  has  made  substantial 
progress  during  the  past  year.  The  tunnel,  two  miles  in 
length,  making  the  beginning  of  the  aqueduct  which  is 
to  connect  the  Nashua  river  at  Clinton  with  the  Sudbury 


824  Goveri^^or's  Address. 

water  system  of  the  city  of  Boston  has  been  completed, 
and  the  remainder  of  the  aqueduct,  with  the  open  watcr- 
Avay,  nine  miles  in  length,  has  been  so  far  finished  that 
water  can  now  be  conveyed  throuuh  it  to  the  Southborouah 
reservoir.  This  large  reservoir,  covering  an  area  of  two 
square  miles,  and  already  connected  with  the  Boston  water 
system,  is  so  far  completed  as  to  be  now  collecting  and 
storing  the  waters  of  its  own  watershed.  The  main  sup- 
ply pipes,  generally  four  feet  in  diameter,  have  been  laid 
through  the  greater  part  of  the  metropolitan  water  dis- 
trict. A  large  additional  water  supply  is  therefore  already 
assured,  and  it  is  believed  that  reason  for  apprehension 
of  any  serious  trouble  in  the  near  future  from  a  light  rain- 
fall no  longer  exists.  The  building  of  the  dam  and  reser- 
voir at  Clinton,  and  the  other  work  connected  with  this 
great  undertaking,  will  require  several  years  for  comple- 
tion. It  is  interesting  to  note  that  with  increasing  popu- 
lation certain  municipalities  within  the  ten  mile  radius, 
])ut  not  originally  included  in  the  municipal  water  dis- 
trict, are  already  showing  a  desire  to  be  admitted  to  share 
the  benefits  of  the  new  water  supply.  The  Commonwealth 
will  finally  be  fully  reimbursed  for  its  great  expenditure, 
and  the  several  municipalities  will  obtain  an  abundant  sup- 
ply of  pure  water  at  a  less  expense  than  if  each  were  forced 
to  construct  independent  works. 

STATE    HIGHWAYS. 

The  first  appropriation  for  the  construction  of  state 
highways  was  made  in  1894,  and  amounted  to  s300,000. 
The  appropriations  since  then  have  been  as  follows  :  — 
In  1895,  $400,000;  in  1896,  $600,000;  and  in  1897, 
1,000,  —  of  Avhich  last  sum  however  not  more  than 
),000  was  to  be  paid  from  the  state  treasury  during 
the  year  1897.  As  75  per  cent,  of  this  expenditure  is 
borne  by  the  Commonwealth,  the  several  counties  bene- 
fited repaying  to  the  Commonwealth  25  per  cent,  of  the 
amount  expended,  it  will  be  seen  how  large  a  sum  in  the 
annual  state  budget  is  paid  for  this  purpose.  The  cost 
of  maintenance  and  repair  is  not  yet  a  maltor  of  large 
moment,  but  with  every  year  this  item  must  increase,  and 
under  existing  legislation  this  too  is  to  be  borne  by  the 
Commonwealth.  It  may  fairly  be  considered  whether 
legislation  prescribing  after  some  future  date  a  uniform 


Gover?^or's  Address.  825 

wiflth  of  tire  for  the  wheels  of  all  vehicles  carrying  heavy 
loads  would  not  tend  to  diminish  the  great  cost  of  main- 
taining highways,  alike  to  the  Commonwealth  and  to  cities 
and  towns. 

CAPE    COD    CANAL. 

The  first  charter  for  the  construction  of  a  ship  canal 
across  Cape  Cod  was  granted  in  1870.  Since  then  six 
other  companies  have  been  incorporated  for  a  like  pur- 
pose, and  many  acts  have  been  passed  extending  the  time 
to  one  or  another  of  these  seven  companies  for  the  begin- 
ning or  completion  of  the  work  contemplated  by  their  acts 
of  incorporation.  Among  the  incorporators  have  been 
many  men  of  acknowledged  enterprise  and  substance, 
considerable  sums  of  money  have  been  spent,  and  yet  the 
work  is  not  only  unaccomplished,  but  may  be  almost  said 
not  yet  to  have  been  begun.  It  would  appear  to  be  a 
safe  inference  from  these  facts  that,  after  the  careful  study 
of  competent  experts  and  engineers,  the  project  is  found 
not  to  promise  reasonable  financial  returns  with  sufficient 
certainty  to  induce  the  investment  of  the  large  amount  of 
private  capital  needed  for  its  completion. 

During  these  many  years  a  cloud  has  rested  upon  all 
titles  to  real  estate  in  the  vicinity  of  the  proposed  route 
of  the  canal.  I  think  it  is  time  that  this  uncertainty 
should  end,  and  that  the  legislature  should  recognize  the 
improl)ability  of  the  construction  of  the  w^ork  by  private 
enterprise  during  the  lifetime  of  the  present  generation. 

There  can  be  no  doubt  however  of  the  value  to  the 
commercial  interests  of  the  Commonwealth  of  a  canal 
across  the  Cape,  and  a  plan  will  be  laid  before  your  hon- 
oral)le  bodies  for  the  use  in  its  construction  of  the  labor 
of  certain  classes  of  prisoners,  under  such  conditions  as 
shall  secure  their  humane  treatment  and  safe  custody. 
The  ajiplication  of  prison  labor  to  public  works  of  gen- 
eral utility  is  not  an  untried  experiment,  and  merits  your 
careful  consideration. 

STATE    HOUSE. 

The  work  of  preserving,  restoring  and  rendering  prac- 
tically fire  proof  the  so-called  Bulfinch  State  House,  pro- 
vided for  by  chapter  531,  acts  of  1896,  for  which  the  sum 
of   $37."), 000   was  therein   appropriated,   is  substantially 


826  Governor's  Address. 

completed.  From  this  appropriation,  for  purposes  not 
oriirinally  intended  to  he  included  therein,  there  will  have 
been  expended  in  furnishing  the  sum  of  about  $75,000, 
and  in  rebuilding  in  granite  the  front  terrace  and  steps 
and  in  reconstructing  the  terrace  wall  on  Mt.  Vernon 
street  the  further  sum  of  about  $86,000.  In  spite  of 
these  large  additional  expenditures  it  is  expected  that  a 
substantial  part  of  the  original  appropriation  will  remain 
unexpended.  In  my  judgment  this  work,  decreed  by  the 
legislature  of  1895,  has  fully  justified  itself,  not  only  as 
an  example  of  wise  economy,  but  also  as  preserving  for 
future  generations  an  historic  structure,  valued  by  the 
people  of  the  Commonwealth  because  of  its  associations 
and  because  of  its  architectural  interest. 

The  governor  and  council  are  now  occupying  their 
former  rooms  in  the  westerly  portion  of  the  front,  and 
the  former  chamber  of  the  house  of  representatives  aflbrds 
spacious  and  dignified  quarters  for  the  senate.  The  old 
senate  chamber,  in  all  its  original  beauty  of  form  and 
dimensions,  remains  at  the  disposal  of  the  senate,  and 
additional  space  has  been  assigned  to  the  speaker  and  to 
the  clerk  of  the  house  of  representatives. 

It  is  an  interesting  historical  fact,  which  your  honorable 
bodies  may  deem  worthy  of  commemorative  notice,  that 
the  state  government  thus  resumes  the  occupancy  of  this 
stately  building  in  the  month  which  marks  the  lapse  of  a 
century  from  its  first  use  as  the  state  house  of  the  Com- 
monwealth of  ]Massachusetts. 

The  quarters  in  Memorial  Hall,  provided  for  the  tem- 
porary occupancy  of  the  senate,  having  been  released  from 
this  use,  work  upon  Memorial  Hall  will  now  be  continued 
as  rapidly  as  a  due  regard  to  its  importance  and  character 
will  permit. 

TNTERNATIOXAL    EXPOSITION    AT    PARIS. 

An  act  of  the  congress  of  the  United  States,  approved 
July  19,  1897,  contains  the  following  provisions  :  — 

"  That  the  invitation  of  the  Repul^lic  of  France  to  take 
part  in  an  exposition  of  works  of  art  and  the  products  of 
manufactures  and  agriculture  of  all  nations,  to  be  held  in 
Paris,  commencing  the  fifteenth  day  of  April  and  closing 
the  fifth  day  of  Noveml)cr,  1900,  is  accejited ;  and  the 
governors  of  the  several  states  and  territories  be,  and  are 


Governor's  Address.  827 

hereby,  requested  to  invite  the  people  of  their  respective 
states  and  territories  to  make  a  proper  representation  of 
the  productions  of  our  industry  and  of  the  natural  re- 
sources of  the  country,  and  to  take  such  further  measures 
as  may  be  necessary  in  order  to  secure  to  their  respective 
states  and  territories  the  advantages  to  be  derived  from 
this  beneficent  undertaking." 

In  this  great  exposition,  which  will  without  doubt  be 
one  of  the  memorable  events  of  the  closing  year  of  the 
nineteenth  century,  it  seems  proper  that  the  Common- 
wealth of  Massachusetts  should  be  represented  in  a  man- 
ner betitting  its  material  and  industrial  importance,  and 
I  ask  you  to  make  such  provision  to  this  end  as  you  may 
deem  reasonable  and  adequate. 

UNIFOR^nXY   OF    LEGISLATION. 

On  many  subjects  the  lack  of  uniformity  of  legislation 
in  the  several  states  causes  little  practical  inconvenience, 
and  it  is  probable  that  any  attempt  to  secure  such  uni- 
formity would  prove  futile,  owing  to  the  deep  seated  dif- 
ferences of  theory  and  experience  which  find  expression 
in  the  legislation  of  states  representing  widely  difiering 
interests  and  conditions.  But  in  a  limited  range  of  sub- 
jects, esj)ecially  those  concerning  the  law  merchant,  it  is 
the  opinion  of  many  jurists  of  distinction  that  substan- 
tial uniformity  of  legislation  by  the  several  states  is  not 
only  desirable  but  becomes  possible  of  enactment,  as  the 
greater  certainty  which  would  thence  result  in  business 
transactions,  conducted  between  citizens  of  difterent  states, 
is  more  generally  realized.  A  draft  of  a  proposed  act  on 
negotiable  instruments  will  be  submitted  to  you  by  the 
Massachusetts  board  of  commissioners  for  the  promotion 
of  uniformity  of  legislation,  which  has  been  approved  at  a 
conference  of  similar  boards  of  commissioners  represent- 
ing many  of  the  states,  and  which  has  already  become  the 
law  in  several  states  through  action  of  the  legislature. 

Gentlemen  of  the  senate  and  house  of  representatives : 
—  We  enter  together  upon  the  responsible  and  honorable 
duties  which  have  been  intrusted  to  our  hands  by  the 
people  of  Massachusetts.  They  are  a  people  who  have 
learned  from  the  past  history  of  the  Commonwealth  to 
demand  a  high  standard  of  capacity  and  integrity  of  those 


828  Governor's  Address. 

to  whom  they  commit  their  interests.  May  we  show  our- 
selves not  unworthy  of  their  confidence.  May  whatever 
leoislation  is  enacted  be  for  the  common  cood  of  all. 
May  the  humblest  and  the  most  powerful  petitioner  alike 
depend  for  success  upon  the  justice  of  his  cause,  and 
upon  that  alone.  May  no  unworthy  influence,  born  of 
selfishness  or  greed,  in  whatsoever  specious  guise,  dare 
approach  these  halls  of  legislation.  May  private  interest 
be  held  ever  subordinate  to  the  public  welfare.  May  reason 
prevail  over  passion  and  prejudice,  and  the  voice  of  the 
sophist  or  of  the  demagogue,  if  such  be  raised,  be  power- 
less to  mislead.  In  these  days,  when  legislatures  are  sub- 
jected to  criticism  and  disparagement,  not  always  without 
cause,  may  Massachusetts  present  the  spectacle  of  a  legis- 
lature vigilant,  fearless  and  wise,  which  shall  be  truly  rep- 
resentative of  the  best  thought  and  highest  aspiration  of 
an  intelligent,  patriotic  and  progressive  people.  So  shall 
we  be  instruments  to  perpetuate  the  honor  and  fame  of 
the  Commonwealth,  and  to  transmit  unimpaired  the  heri- 
tage we  have  received  from  our  fathers. 


Special  Messages.  829 


SPECIAL   MESSAGES. 


THE     FOLLOWING     SrECIAL    COMMUNICATIONS     WERE    MADE     BY    HIS 

EXCELLENCY  THE   GOVERNOR  TO   THE  LEGISLATURE 

DURING   THE   ANNUAL   SESSION. 

[To  the  senate  and  house  of  representatives,  January  10,  1898.] 

I  have  the  honor  to  present,  in  compliance  with  chap-  Pardons. 
ter  50  of  the  resolves  of  1860,  a  report  of  the  thirty-seven 
pardons  issued  by  the  governor  and  council  during  the 
year  just  closed. 

Of  the  number  thus  released  two  were  in  the  state 
prison,  twenty-two  in  houses  of  correction,  ten  in  the 
Massachusetts  reformatory,  and  three  in  the  reformatory 
prison  for  women.  Sickness  was  the  controlling  reason 
for  the  discharge  of  eleven,  four  of  whom  have  since 
died. 

ROGER  WOLCOTT. 


Xo.  1.  Josephine  Lawrence.  Convicted  of  larceny, 
Superior  Court,  Suftblk  county,  Nov.  10,  1896.  Sen- 
tenced to  the  reformatory  prison  for  women  for  one  year. 
Pardoned  Jan.  2S,  1897,  upon  the  recommendation  of  the 
district  attorney,  who  certified  that  "her  case  was  never 
properly  presented  to  the  court,  had  it  been,  I  think  the 
court  would  have  placed  her  on  probation." 

Xo.  2.  Edward  P.  Phelan.  Convicted  of  stubborn- 
ness. Third  District  Court  of  Bristol,  Jan.  6,  1897.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  Jan.  2S,  1897.  The  prisoner 
was  critically  ill  with  epilepsy,  with  no  hope  of  recovery. 
He  died  at  his  home  January  30. 

Xo.  3.  James  S.  Kendrick.  Convicted  of  breaking 
and  entering,   Superior  Court,  Barnstable  county,  April 


830  Special  Messages. 

Pardons.  term,    1895.      Sentenced    to  the  state    prison    for   three 

years.  Pardoned  Feb.  4,  1897,  upon  the  recommenda- 
tion of  the  sheriff  of  Barnstable  county,  the  arresting 
officer,  and  all  of  the  selectmen  of  Harwich,  Chatham 
and  Brewster.  The  district  attorney  concurred  in  the 
recommendation.  Kendrick,  without  any  solicitation,  in- 
ducement or  suggestion,  furnished  valuable  information 
which  caused  the  conviction  of  three  other  criminals  who 
were  the  leading  spirits  in  the  affair.  His  record  in  prison 
had  been  perfect.  Permanent  employment  was  furnished 
him  as  soon  as  released. 

No.  4.  Joseph  Pever.  Convicted  of  stubbornness, 
Third  District  Court  of  Eastern  Middlesex,  Oct.  3,  1896. 
Sentenced  to  the  JNIassachusetts  reformatory  on  an  in- 
determinate sentence.  Pardoned  Feb.  4,  1897,  upon  the 
recommendation  of  the  commissioners  of  prisons,  and  the 
father,  who  made  complaint,  on  the  ground  that  he  had 
been  sufficiently  punished. 

No.  5.  Patrick  Riley.  Convicted  of  assault,  Su- 
perior Court,  Suffolk  county,  December  term,  1896. 
Sentenced  to  the  house  of  correction  for  two  years. 
Pardoned  Feb.  18,  1897,  upon  the  recommendation  of 
the  prison  physician.  Riley  was  suffering  from  i)ulmonary 
consumption  with  hemorrhage  and  was  in  the  last  stage 
of  the  disease.     He  died  in  May. 

No.  6.  Walter  C.  Goodes.  Convicted  of  larceny 
in  the  District  Court  of  Eastern  Hampden,  Aug.  4,  1896. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  Feb.  25,  1897,  upon  the 
recommendation  of  district  attorney  Gardner,  who  was 
of  the  opinion  that  the  boy,  who  was  not  naturally  bad, 
would  hereafter  load  an  honest  and  exemplary  life.  This 
was  his  first  ofience.  He  was  led  into  committing  the 
crime  by  a  young  man  older  than  himself  whose  record 
had  been  bad. 

No.  7.  Wallace  C.  Coombs.  Convicted  of  rape, 
Superior  Court,  Barnstable  county,  Oct.  12,  1895.  Sen- 
tenced to  the  house  of  correction  for  three  years.  Par- 
doned March  25,  1897,  upon  the  recommendation  of  the 
selectmen   and   other   town    officials   of    Barnstable   and 


Special  Messages.  831 

Mashpee.  Coombs  at  the  time  of  sentence  was  twenty  Pardons. 
years  of  age  and  the  younoest  of  three  found  ijuilty  for 
the  above  crime.  The  district  attorney  certitied  "that 
the  woman  upon  whom  the  offence  was  committed  was  a 
woman  of  bad  character  both  for  chastity  and  sobriety." 
It  appeared  that  men  were  accustomed  to  resort  to  her 
house  to  carouse,  etc.  There  was  no  evidence  to  show 
that  Coombs  took  any  active  part  in  the  crime,  except  to 
be  present.  In  view  of  his  age  and  the  fact  that  this  was 
his  tirst  offence,  a  pardon  was  granted. 

Xo.  8.  Clara  Wright.  Convicted  of  larcenv,  Supe- 
rior Court,  Suffolk  county,  Nov.  10,  1896.  Sentenced  to 
the  reformatory  prison  for  one  year.  Pardoned  April  1, 
18i)7,  on  the  ground  that  she  had  been  sufficiently  pun- 
ished. This  was  her  tirst  offence.  The  judge  who  im- 
posed the  sentence  did  not  object  to  the  granting  of  the 
pardon. 

Xo.  9.  Leonard  M.  Ball.  Convicted  of  larceny, 
Police  Court  of  Holyoke,  X"ov.  21,  1896.  Sentenced 
to  the  house  of  correction  for  eight  months.  Pardoned 
April  22,  1897.  Ball  was  a  sufferer  from  epilepsy,  as  a 
result  of  said  disease  was  mentally  deranged  the  greater 
part  of  the  time  and  under  the  charge  of  a  keeper  ap- 
pointed to  care  for  him  individually.  He  was  restored  to 
the  care  of  his  friends  for  such  medical  treatment  as  his 
})hysical  condition  required. 

Xo.  10.  Frank  H.  Sanborn.  Convicted  of  breaking 
and  entering,  Essex  and  Plymouth  counties.  May  11, 
1892.  Sentenced  to  the  state  prison  for  six  years  and 
house  of  correction  for  one  year.  Pardoned  May  16, 
1897,  to  take  effect  upon  the  completion  of  his  sentence 
in  the  state  prison,  that  he  might  remove  with  his  mother 
to  California  and  make  his  home  in  that  state. 

Xo.  11.  Patrick  Burns.  Convicted  of  drunkenness, 
First  District  Court  of  Eastern  Middlesex,  Nov.  2,  1896. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  May  6,  1897,  upon  the 
reconnnendation  of  the  justice  who  imposed  the  sentence 
and  the  chief  of  police,  selectmen  and  overseers  of  the 


832  Special  Mp:ssages. 

Purdona.  pooi'  of  WakeficId,  where  the   prisoner  resided,  on  the 

ground  that  he  had  always  been  an  industrious  citizen 
and  that  his  family  were  in  very  destitute  circumstances 
and  needed  his  support. 

No.  12.  John  McKay.  Convicted  of  larceny,  Supe- 
rior Court,  Norfolk  county,  April  13,  1896.  Sentenced 
to  the  house  of  correction  for  eighteen  months.  Pardoned 
May  20,  1897,  upon  the  recommendation  of  the  district 
attorney  and  prison  physician.  McKay  was  seriously  ill 
Avith  tubercular  consumption,  with  little  hope  of  recovery 
if  he  remained  in  prison. 

No.  13.  PmKEY  Waltiiek.  Convicted  of  abandoning 
her  children,  Municipal  Court  of  Boston,  Nov.  10,  1896. 
Sentenced  to  the  reformatory  prison  for  women  for  one 
year.  Pardoned  May  27,  1897,  upon  the  recommenda- 
tion of  the  commissioners  of  prisons.  The  prisoner  was 
in  an  advanced  stage  of  pulmonary  consumption  with  no 
hope  of  recovery.     She  died  August  11. 

No.  14.  Alphonso  Salisbury.  Convicted  of  break- 
ing and  entering,  Superior  Court,  Norfolk  county,  Sept. 
29,  1896.  Sentenced  to  the  Massachusetts  reformatory 
on  an  indeterminate  sentence.  Pardoned  June  1,  1897, 
upon  the  recommendation  of  the  complainant  and  many 
of  the  leading  citizens  of  Weymouth  on  the  ground  that 
he  had  been  sufficiently  punished. 

No,  15.  Alexander  McDonald.  Convicted  of  drunk- 
enness. First  District  Court  of  Eastern  Middlesex,  April 
2,  1897.  Sentenced  to  the  Massachusetts  reformatory  on 
an  indeterminate  sentence.  Pardoned  June  2,  1897,  upon 
the  recommendation  of  the  justice  who  imposed  the  sen- 
tence, the  mayor  and  the  probation  officer  of  Maiden. 
The  prisoner  had  a  large  family  who  were  entirely  desti- 
tute. His  old  employer  was  ready  to  give  him  immediate 
employment. 

No.  IG.  Hannah  Carey.  Convicted  of  violating  the 
license  law,  two  indictments,  Superior  Court,  Middlesex 
county,  Nov.  30,  1896.  Sentenced  to  the  house  of  cor- 
rection for  eighteen  months  and  to  pay  a  fine  of  $400. 
Pardoned  June  3,  1897,  u[)on  the  reconnnendation  of  the 


Special  Messages.  833 

prison  physician.     She  was  dangerously  ill  with  a  com-  Pardons. 
plication  of  diseases,  with  little  prospect  of  recovery  if 
longer  held  in  confinement. 

No.  17.  Harris  Wolf.  Convicted  of  larceny,  Su- 
perior Court,  Suffolk  county,  September  term,  1896. 
Sentenced  to  the  house  of  correction  for  one  year.  Par- 
doned June  10,  l.S!»7.  The  prisoner  had  a  wife  and  eight 
children,  who  were  suftering  for  the  necessaries  of  life  ;  he 
was  released  two  months  before  his  sentence  expired  that 
he  might  support  his  family.     This  was  his  first  ofience. 

No.  18.  Herbert  E.  Carpenter.  Convicted  of 
felonious  assault,  Superior  Court,  Worcester  county, 
May  29,  1896.  Sentenced  to  the  house  of  correction 
for  two  and  a  half  years.  Pardoned  June  24,  1897, 
upon  the  recommendation  of  the  town  officials  and  a 
larsre  number  of  the  leadino-  citizens  of  Charlton  where 
the  crime  was  committed.  The  district  attorney  con- 
curred in  the  recommendation.  The  pardon  committee 
were  satisfied  that  the  ofience  of  which  he  was  only 
technically  guilty  was  of  a  far  less  serious  nature  than 
was  represented  at  the  trial  and  that  he  had  been  suffi- 
ciently ])unished. 

No.  19.  Jeremiah  T.  O'Sullivan.  Convicted  of 
criminal  libel,  Superior  Court,  Essex  county,  June  7, 
1897.  Sentenced  to  the  house  of  correction  for  eighteen 
months.  Pardon  granted  July  2,  1897,  solely  on  the 
recommendation  of  the  district  attorney  and  on  the  cer- 
tificates of  the  physicians  as  to  his  physical  condition, 
stating  tiiat  his  life  would  l)e  seriously  imperiled  by 
longer  confinement  in  jail.  No  other  reason  for  pardon 
was  considered.     He  died  in  December. 

No.  20.  Max  Keezek.  Convicted  of  receiving  stolen 
goods,  Superior  Court,  Suffolk  county,  Dec.  22,  1896. 
Sentenced  to  the  house  of  correction  for  two  years.  Par- 
doned July  15,  1897,  upon  the  recommendation  of  the 
district  attorney  and  A.  Shuman  &  Co.,  the  firm  from 
whom  the  goods  were  stolen.  The  complainants  after  a 
careful  inquiry  into  the  case,  were  of  the  opinion  that 
Keezer  committed  the  act  under  misapprehension.  He 
had  always  borne  a  good  reputation,  and  in  the  opinion 


S34:  Special  Messages. 

Pardons.  gf  the  district  attorney  public  interests  would  not  suffer 

by  his  release. 

No.  21.  Augustus  G.  Wesley.  Convicted  of  burn- 
ing a  building,  Superior  Court,  county  of  Dukes  County, 
Sept.  26,  1895.  Sentenced  to  three  years  in  the  house 
of  correction.  Pardoned  July  29,  1897,  upon  the  rec- 
ommendation of  nearly  all  the  prominent  citizens  and  tax- 
payers of  Cottage  City,  where  the  crime  was  committed. 
Wesley  set  fire  to  a  building  owned  by  himself  in  Cottage 
City,  where  he  had  resided  for  many  years.  He  confessed 
the  crime  and  made  no  claim  to  the  insurance  money.  He 
alone  was  the  only  loser  by  the  fire.  The  pardon  com- 
mittee were  of  the  opinion  that  he  had  been  sufficiently 
punished.  Judge  Brady  who  imposed  the  sentence  was 
of  the  same  opinion.  g 

No.  22.  John  Walker.  Convicted  of  larceny,  Su- 
perior Court,  Suffolk  county,  December  term,  1895. 
Sentenced  to  the  house  of  correction  for  three  years. 
Pardoned  July  29,  1897.  This  was  the  prisoner's  first 
offence.  He  had  always  been  a  law  abiding  citizen.  As 
the  offence  was  committed  when  he  was  under  the  influ- 
ence of  liquor  and  the  property  recovered,  it  was  thought 
that  he  had  been  sufficiently  f)unished. 

No.  23.  Russell  B.  Ward.  Convicted  of  stubborn- 
ness, District  Court  of  Northern  Berkshire,  Sept.  23, 
1896.  Sentenced  to  the  Massachusetts  reformatory  on 
an  indeterminate  sentence.  Pardoned  July  29,  1897, 
upon  the  recommendation  of  the  commissioners  of  prisons. 
It  appeared  that  Ward  was  below  the  average  intellect- 
ually and  in  some  degree  not  responsible.  His  father, 
who  made  the  complaint  against  him  under  a  misappre- 
hension, was  ready  to  take  him  home  and  care  for  him. 

No.  24.  Paul  Horgan.  Convicted  of  larceny  before 
trial  justice  Lane,  of  Norwood,  March  3,  1897.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indetermi- 
nate sentence.  Pardoned  July  30,  1897.  Horgan  was 
of  feeble  and  unsound  mind.  The  reformatory  was  evi- 
dently not  a  suitable  place  for  a  person  of  his  mental  con- 
dition, he  was  accordingly  pardoned  and  placed  in  the 
School  for  the  Feeble-Minded,  at  Waverley. 


Special  Messages.  835 

No.  25.  Thomas  Forbes.  Convicted  of  assaulting  an  Pardons. 
officer,  Superior  Court,  Suffolk  county,  October  term, 
1896.  Sentenced  to  the  house  of  correction  for  eighteen 
months.  Pardoned  Aug.  26,  1897,  upon  the  recommen- 
dation of  the  district  attorney  and  the  officer  assaulted. 
Forbes  had  a  wife  and  four  children  who  were  entirely 
without  means  of  support.  This  was  his  first  offence  and 
was  committed  when  under  the  influence  of  liquor. 

No.  26.  Robert  C.  Wilbur.  Convicted  of  larceny, 
Superior  Court,  Franklin  county,  April  21,  1897.  Sen- 
tenced to  the  house  of  correction  for  six  months.  Par- 
doned Aug.  2G,  1897,  upon  the  recommendation  of  the 
district  attorney.  The  crime  committed  was  the  result 
of  a  sudden  opportunity  and  temptation,  at  a  time  when 
the  prisoner  was  in  great  financial  distress,  and  was  not 
premeditated.  Full  restitution  of  the  money  stolen  was 
made  by  Wilbur. 

No.  27.  William  H.  Stanton,  alias  Sheldon.  Con- 
victed of  larceny,  Superior  Court,  Norfolk  county.  Com- 
mitted to  the  house  of  correction  May  26,  1897,  for  six 
months.  Pardoned  Sept.  2,  1897.  Stanton  was  critically 
ill  with  pulmonary  consumption.  The  prison  physician 
certified  that  his  life  would  undoubtedly  be  prolonged 
and  made  more  comfortable  could  he  be  released  from  fur- 
ther confinement. 

No.  28.  John  B.  Easton.  Convicted  of  assault, 
Superior  Court,  Plymouth  county,  Nov.  16,  1896.  Sen- 
tenced to  the  house  of  correction  for  eighteen  months. 
Pardoned  Sept.  9,  1897,  upon  the  recommendation  of  the 
district  attorney  and  the  county  commissioners.  Easton 
was  in  very  feeble  health.  In  the  opinion  of  the  prison 
physician  he  could  not  live  until  the  completion  of  his 
term  of  imprisonment. 

No.  29.  John  J.  Hines.  Convicted  of  drunkenness. 
Fourth  District  Court  of  Eastern  Middlesex.  Sentenced 
to  the  Massachusetts  reformatory  on  an  indeterminate  sen- 
tence. This  was  his  third  commitment  to  the  reformatory 
for  the  same  offence.  Pardoned  Oct.  12,  1897,  upon  the 
recommendation  of  the  commissioners  of  prisons  for  the 


836  Special  Messages. 

Pardons.  purposG  of  placing  him,  for  treatment,  in  the  Massachu- 

setts  hospital    for  dipsomaniacs  and  inebriates   at  Fox- 
borough. 

No.  30.  John  H.  Walsh.  Convicted  of  larceny,  Su- 
perior Court,  Suftblk  county,  March  term,  1897.  Sen- 
tenced to  the  house  of  correction  for  eighteen  months. 
Pardoned  Oct.  28,  1897,  upon  the  recommendation  of  the 
district  attorney,  who  certified  that  had  he  known  all  the 
facts,  as  ha  has  since  the  trial  upon  careful  inquiry  found 
them,  he  would  have  recommended  probation. 

No.  31,  James  Montague.  Convicted  of  larceny, 
Superior  Court,  Middlesex  county,  Feb.  2,  1897.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  Nov.  18,  1897.  The  prisoner 
was  suffering  from  a  complication  of  diseases.  In  all 
probability  he  cannot  recover  from  his  present  illness. 

No.  32.  Sarah  E.  Trask.  Convicted  of  adultery, 
Superior  Court,  Middlesex  county,  Feb.  17,  1897.  Sen- 
tenced to  the  house  of  correction  for  eighteen  months. 
Pardoned  Nov.  24,  1897,  upon  the  petition  of  the  husband 
of  the  prisoner  and  many  of  the  leading  citizens  of  Lowell, 
on  the  ground  that  she  had  been  sufficiently  punished  and 
that  the  ends  of  justice  had  been  answered. 

No.  33.  Christian  Steensen.  Convicted  of  assault 
with  a  loaded  revolver,  Municipal  Court,  South  Boston 
district,  Aug.  18,  1897.  Sentenced  to  the  house  of  cor- 
rection for  twelve  months.  Pardoned  Dec.  9,  1897,  upon 
the  recommendation  of  the  justice  who  imposed  the  sen- 
tence, and  the  probation  officer.  There  were  mitigating 
circumstances  connected  with  the  case,  which  if  presented 
at  the  trial  would  undoubtedly  have  lessened  the  sen- 
tence. 

No.  34.  Francis  Stillman.  Convicted  of  polygamy, 
Superior  Court,  Plymouth  county,  Nov.  7,  1895.  Sen- 
tenced to  the  house  of  correction  for  two  and  one  half 
years.  Pardoned  Dec.  16,  1897,  upon  the  recommenda- 
tion of  the  district  attorney  and  many  of  the  prominent 
officials  of  Brockton.  Acting  upon  some  slight  informa- 
tion he  married  the  second  time  supposing  that  his  first 


Special  Messages.  837 

wife  was  dead.     The  district  attorney  was  of  the  opinion  Pardons. 
that  the  interests  of  public  justice  would  not  sufi'ef  if  the 
pardon  was  granted. 

No.  35.  Charles  W.  Topliff.  Convicted  of  adul- 
tery, Superior  Court,  Bristol  county,  June  18,  1897. 
Sentenced  to  the  house  of  correction  for  one  year.  Par- 
doned Dec.  18,  1897,  upon  the  completion  of  one  half  his 
sentence,  as  recommended  by  the  district  attorney.  Top- 
liff was  a  young  man,  nineteen  years  of  age,  and  had 
always  borne  a  good  reputation. 

Xo.  36.  Welcome  H.  Hathaway.  Convicted  of 
cheating  and  false  pretences,  Superior  Court,  Bristol 
county,  Nov.  25,  1893.  Sentenced  to  seven  years  in  the 
state  prison.  Pardoned  Dec.  23,  1897.  The  pardon  was 
recommended  by  a  very  large  number  of  the  leading 
citizens  of  Fall  River,  who  were  of  the  opinion  that  the 
crime  was  committed  at  a  time  when  the  prisoner  was  not 
fully  responsible  for  his  acts ;  that  the  sentence  was  ex- 
cessive (he  having  pleaded  guilty)  and  that  the  ends  of 
justice  had  been  fully  met  by  his  imprisonment  already 
served,  which  amounted  practically  to  a  five  years'  sen- 
tence, deducting  time  for  good  behaA'ior.  In  this  opinion 
the  law  officers  of  the  Commonwealth  concurred. 

No.  37.  David  M.  Jones.  Convicted  of  having  milk 
not  of  standard  quality.  Municipal  Court,  Dorchester  dis- 
trict, Dec.  5,  1897.  Sentenced  to  pay  a  fine  of  $50. 
Pardoned  Dec.  23,  1897,  upon  the  recommendation  of 
justice  Churchill,  who  imposed  the  sentence,  Dr.  Harring- 
ton, the  complainant,  and  Mr.  Wilkinson,  the  probation 
officer,  who  were  satisfied  that  Jones  was  not  the  owner 
of  the  adulterated  milk,  but  an  employee. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  12,  1898.] 

I  transmit  herewith  for  the  careful  consideration  of  your 
honorable  bodies  the  report  of  the  commission  appointed 
to  inquire  into  the  expediency  of  revising  and  amending 
the  laws  of  the  Commonwealth  relating  to  taxation. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  12,  1898.] 

I  transmit  herewith  for  your  consideration  a  communi- 
cation addressed  to  me  by  the  chairman  of  the  commission 
appointed  under  statutes  of  1896,  chapter  515. 


838  Special  Messages. 


[To  the  honorable  senate  and  Louse  of  representatives,  Jan.  17,  1898.] 

I  have  the  honor  to  transmit  to  you  for  such  action  as 
you  may  deem  fitting,  certain  papers  relating  to  two  per- 
sons severally  holding  the  office  of  justice  of  the  peace 
and  notary  public. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  19,  1898.] 
I  transmit  herewith  for  the  information  and  considera- 
tion of  your  honorable  l)odies  the  seventh  annual  report 
of  the  board  of  commissioners  for  the  promotion  of  uni- 
formity of  legislation  in  the  United  States. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  24,  1898.] 
I  transmit  herewith  the  report  of  the  commission  ap- 
pointed under  chapter  16  of  the  resolves  of  1896  for  the 
erection  of  tablets  or  monuments  on  the  battlefield  of 
Antietam.  The  report  contains  a  recommendation  for  the 
prepetual  care  of  the  monuments  and  grounds,  for  which 
I  ask  your  careful  consideration. 

[To  the  honorable  senate  and  house  of  representatives,  March  11, 1898.] 

I  return  herewith  "An  Act  relative  to  Appointments 
in  the  Fire  Department  of  the  City  of  Boston  "  with  my 
objections  thereto  in  writing. 

Chapter  256,  Acts  of  1896,  provides  that  call-members 
in  the  Boston  fire  department  who  have  served  three  or 
more  successive  years  in  said  service  shall,  upon  applica- 
tion to  the  civil  service  commissioners,  be  placed  upon  the 
eligible  list  for  appointment  as  permanent  men,  without 
any  further  examination.  The  call-members  are  subject 
to  primary  examination  before  receiving  such  appoint- 
ment, and  are  recognized  as  members  of  the  department. 
Service  of  three  years  is,  under  the  act  of  189(5,  made  the 
equivalent  of  a  subsequent  examination  in  establishing 
their  eligibility  to  appointment  on  the  permanent  force. 
The  present  bill  would  extend  the  provisions  of  this 
statute  to  call-substitutes.  Call-substitutes  are  not  rec- 
ognized members  of  the  fire  department,  and  are  not  sub- 
ject to  any  examination  either  physical  or  otherwise. 
This  act  would  therefore  empower  the  present  or  any 
future  fire  commissioner  to  transfer  to  the  permanent 
force,  for  any  reason  he  sees  fit,  men  who  have  been 
employed  as  substitute  call  men  without  regard  to  age, 


Special  Messages.  839 

weight    or    height,  and    without  educational  or  physical 
examination. 

Firmly  believing  that  the  application  of  civil  service 
rules  to  the  tire  department  of  the  city  of  Boston  has 
greatly  increased  its  efficiency  and  improved  its  discipline, 
and  has  removed  it  from  the  operation  of  influences  detri- 
mental to  both,  I  am  unwilling  to  approve  an  act  which  in 
my  opinion  would  tend  in  part  to  imperil  the  improve- 
ment already  won. 

[To  the  honorable  senate  and  house  of  representatives,  March  14,  1898.] 

I  transmit  herewith,  for  such  action  as  to  your  honor- 
able bodies  may  seem  projjer,  an  invitation  extended  by 
his  excellency  the  governor  of  the  state  of  Nebraska  to 
the  people  of  this  Commonwealth  to  participate  in  the 
Trans-iSiississippi  and  International  Exposition,  to  be  held 
in  the  city  of  Omaha,  Nebraska,  beginning  June  1,  1898, 
together  with  other  papers  relating  thereto. 

[To  the  honorable  senate  and  house  of  representatives,  March  28,  1898.] 

It  is  with  })rofound  regret  that  I  announce  to  your  hon- 
orable bodies  the  unexpected  death  in  Washington  on  the 
26th  instant  of  the  Honorable  John  Simpkins,  a  repre- 
sentative in  the  congress  of  the  United  States.  His  death 
is  a  loss  to  the  public  service  of  this  Commonwealth. 
Formerly  a  member  of  the  Massachusetts  senate,  and  at 
the  time  of  his  death  the  representative  of  the  thirteenth 
congressional  district,  he  had  rendered  to  state  and  nation 
faithful  and  intelligent  service  wliich  entitles  his  memory 
to  honorable  commemoration.  I  recommend  that  your 
honorable  bodies  adopt  such  action  as  may  fittingly  express 
the  public  sense  of  sorrow  at  his  early  death. 

[To  the  honorable  senate  and  house  of  representatives,  March  29,  1898.] 

I  present  herewith  for  the  consideration  of  your  honor- 
able bodies  certain  proposals  and  estimates  regarding  the 
grounds  in  front  of  the  state  house,  supplying  the  foun- 
tains with  water  and  placing  electric  lights  upon  the  dome 
and  cupola. 

[To  the  honorable  senate  and  liouse  of  representatives,  April  6,  1898.] 

I  transmit  herewith  for  such  action  as  your  honorable 
bodies  may  determine  a  letter  this  morning  received  from 
the  secretary  of  the  art  commission  for  the  city  of  Bos- 


840  Special  Messages. 

ton  informing  me  that  the  statute  of  General  Devens,  or- 
dered by  the  Commonwealth,  will  be  in  position  in  the 
state  house  grounds  ready  for  unveiling  on  or  about  the 
16th  of  June. 

[To  the  honorable  senate  and  house  of  representatives,  April  15,  1898.] 

In  the  present  grave  and  threatening  condition  of  the 
relations  of  the  government  of  the  United  States  with  the 
kingdom  of  Spain,  growing  out  of  the  inhuman  and  un- 
availing warfare  in  the  island  of  Cuba,  1  deem  that  the 
time  has  come  when  it  is  my  duty  to  ask  that  your  hon- 
orable bodies  place  in  my  hands  the  means  to  enable  me 
to  meet  with  promptness  and  eflBciency  whatever  demands 
the  exigencies  of  possible  war  may  require  the  national 
government  to  make  upon  the  Commonwealth  of  Massa- 
chusetts. 

Whenever  in  the  past  heroism  and  sacrifice  in  a  just 
cause  have  been  demanded,  Massachusetts  has  generously 
given  of  her  blood  and  treasure.     She  will  not  falter  now. 

I  ask  that  $500,000,  or  such  part  thereof  as  may  be 
necessary,  may  be  appropriated  to  be  expended  under  the 
direction  of  the  commander-in-chief  in  defraying  the  mili- 
tary and  naval  expenses  which  the  existing  emergency 
may  render  requisite  and  proper. 

[To  the  honorable  senate  and  house  of  representatives,  April  20,  1898.] 

I  ask  the  prompt  and  careful  consideration  of  your  hon- 
orable bodies  to  a  communication  this  morning  by  me 
received  from  the  insurance  commissioner,  which  is  here- 
with enclosed,  together  wdth  a  copy  of  a  letter  addressed 
to  him  by  the  attorney-general  relating  to  the  same  matter. 

[To  the  honorable  senate  and  house  of  representatives,  April  26,  1898.] 
I  transmit  herewith  and  ask  your  early  consideration  of 
a  communication  dated  April  26th  addressed  to  me  by  the 
commissioners  of  pilots  of  this  port. 

[To  the  honorable  senate  and  honse  of  representatives,  April  29,  1898.] 
I  ask  your  honorable  bodies  to  consider  whether  it  is 
wise  and  practicable  to  provide  by  legislation  for  the  res- 
toration to  their  former  positions  in  the  militia  of  those 
now  or  hereafter  volunteering  in  the  service  of  the  United 
States,  when  honorably  discharged  from  such  service. 


i 


Special  Messages.  841 

In  case  such  provision  is  made  further  legislation  will 
in  my  opinion  be  necessary,  providing  or  directing  that 
new  enlistments  of  the  militia  of  this  Commonwealth  be 
made  for  a  fixed  period,  briefer  than  that  now  prescribed 
by  law,  or  for  a  period  terminable  by  the  commander-in- 
chief  or  after  a  declaration  of  peace. 

[To  tbe  honorable  senate  and  bouse  of  representatives,  May  5,  1898.] 

I  transmit  herewith  for  the  consideration  of  your  hon- 
orable bodies,  a  communication  this  day  received  from  the 
chief  of  the  Massachusetts  district  police. 

[To  tbe  honorable  senate  and  house  of  representatives,  May  10,  1898.] 

I  return  herewith  to  the  house  of  representatives  in 
which  it  originated  a  resolve  entitled  '  'A  Resolve  in  favor  of 
George  P.  Smith,"  with  my  objections  thereto  in  writing. 

The  petition  to  the  legislature  upon  which  this  resolve 
was  based  states  that  a  constable  of  the  town  of  Ipswich 
while  engaged  in  arresting  a  man  for  being  drunk,  being 
resisted,  commanded  as  was  his  right  the  assistance  of 
the  petitioner  Smith,  who  was  standing  near  by.  He  re- 
sponded to  the  summons  of  the  otiicer,  as  was  his  duty, 
and  while  assisting  him  was  assaulted  and  severely  injured 
by  the  person  arrested. 

I  am  unable  to  discover  in  these  facts  any  just  reason, 
legal  or  equitable,  why  Smith  should  l)e  reimbursed  by  the 
Commonwealth  for  the  injuries  so  received  by  him,  nor 
why  its  bounty  should  be  granted  to  him.  To  allow  his 
claim  would,  in  my  opinion,  establish  a  dangerous  prece- 
dent of  large  import ;  for  if  the  principle  which  this  re- 
solve seeks  to  establish  should  be  recognized  any  town  or 
city  officer  injured  in  the  discharge  of  his  duty  would  have 
the  same  right  to  recompense  therefor  from  the  treasury 
of  the  Commonwealth.  I  am  informed  that  no  such  claim 
has  ever  been  recognized  in  this  Commonwealth,  and  that 
this  resolve  is  without  precedent  in  its  legislation. 

From  the  earliest  times  the  administration  and  enforce- 
ment of  the  criminal  laws  have  been  devolved  by  the  Com- 
monwealth largely  upon  its  municipalities.  One  of  the 
principal  ])urposes  of  the  creation  of  municipal  corpora- 
tions by  the  state  is  to  exercise  through  local  control  a 
part  of  its  powers  of  government.  Among  these  is  the 
preservation  of  the  public  peace.     This  duty  is  especially 


842  Special  Messages. 

entrusted  to  cities  and  towns  through  constables  and  police 
officers  chosen  by  them  and  responsible  to  them.  If  ex- 
ceptions exist  the  present  case  does  not  fall  within  them. 

The  Commonwealth  has  never  assumed  responsibility 
for  the  doings  of  such  local  officers,  nor  undertaken  to 
recompense  them  for  loss  or  injury  sustained  by  them  in 
the  discharge  of  their  duties. 

The  same  considerations  apply  to  those  who  are  sum- 
moned to  assist  them.  The  fact  that  they  are  summoned, 
as  the  petition  states,  "in  the  name  of  the  Common- 
wealth "  does  not  affect  the  question.  The  authority  under 
which  the  local  officer  acts  in  making  an  arrest  is  derived 
primarily  from  the  Commonwealth  and  its  laws.  All  pre- 
cepts in  criminal  cases  are  issued  by  virtue  of  the  same 
authority.  The  constable  arresting  a  disturber  of  the 
peace  does  so  in  the  name  of  the  Commonwealth.  But 
that  fact  does  not  make  the  Commonwealth  liable  for  his 
wrong-doing  to  others  nor  for  wrongs  done  to  him  by 
others  while  performing  his  duty.  The  same  is  true  of 
one  whom  he  calls  to  his  assistance. 

For  these  reasons  I  am  unable  to  approve  the  resolve. 

[To  the  honorable  senate  and  house  of  representatives,  May  20,  1898.] 

I  transmit  herewith  a  communication  addressed  to  me 
on  behalf  of  the  local  committee  in  charge  of  the  fiftieth 
anniversary  meeting  of  the  American  Association  for  the 
Advancement  of  Science,  for  which  I  ask  the  careful  con- 
sideration of  your  honorable  bodies. 

[To  the  honorable  senate  and  house  of  representatives.  May  20,  1898.] 

I  enclose  herewith  a  communication  dated  April  14th, 
addressed  to  me  by  First  Lieut.  John  Stephen  Sewell, 
of  the  U.  S.  Corps  of  Engineers,  regarding  cession  to  the 
United  States  of  two  tracts  of  land  in  the  town  of  Hull 
for  fortification  purposes,  together  with  subsequent  corre- 
spondence relating  thereto  and  also  a  blue  print  copy  of 
the  said  tracts. 

I  call  the  attention  of  your  honorable  bodies  to  the 
statement  contained  in  the  letter  of  Lieut. -Col.  S.  M. 
Mansfield,  of  the  U.  S.  Corps  of  Engineers,  to  the  im- 
portance that  jurisdiction  over  these  tracts  be  ceded  to 
the  national  government  at  an  early  day. 


Special  Messages.  843 


[To  tbe  honorable  senate  and  house  of  representatives,  May  23,  1898.] 

I  return  herewith  to  the  house  of  representatives,  in 
which  it  ori<i:inatcd,  a  bill  entitled  "An  Act  to  reorj^anize 
the  board  of  aldermen  and  common  council  of  the  city  of 
Boston,"  with  my  objections  thereto  in  writing. 

This  bill  if  enacted  wdll  effect  a  radical  change  in  the 
constitution  of  the  city  council  of  the  city  of  Boston.  It 
does  not  provide  for  its  acceptance  either  by  the  voters  of 
the  city  or  by  their  elected  representatives.  I  do  not  find 
that  its  passage  has  been  petitioned  for  either  by  the  present 
city  council  or  by  any  large  number  of  citizens,  interested 
in  the  good  government  of  the  city,  and  representing  its 
intelligence  and  its  business,  professional  and  property 
interests. 

The  bill  provides  for  a  board  of  aldermen  to  consist  of 
twenty-five  members,  each  elected  by  the  registered  voters 
of  one  of  the  twenty-five  wards  of  the  city,  and  for  a  com- 
mon council  of  fifty  members,  of  whom  the  registered 
voters  of  each  ward  shall  elect  two.  Except  in  the  un- 
important detail  of  numbers,  the  two  branches  are  there- 
fore absolutely  identical  in  their  constitution.  Alderman 
and  common  councilman  alike  will  represent  solely  a 
limited,  local  constituency,  and  are  to  continue  in  office 
or  to  be  removed  therefrom  solely  according  to  their 
success  in  meeting  the  desires,  reasonable  or  otherwise, 
of  a  single  ward.  I  do  not  think  that  this  method  of 
election  will  tend  to  call  into  the  service  of  the  city  men 
of  large  capacity  and  experience,  capable  of  regarding 
the  interests  of  the  entire  municipality  as  paramount  to 
those  of  a  restricted  locality.  The  advantages  which  are 
claimed  for  the  l)icameral  system  of  legislative  bodies  are 
due  chiefly  to  the  fact  that  the  two  chambers  are  either 
differently  elected  or  represent  different  constituencies, 
so  that  they  may  be  expected  to  approach  the  considera- 
tion of  questions  of  public  interest  from  different  points 
of  view.  These  advantages  disappear  in  a  system  which 
provides  for  the  absolute  duplication  of  the  two  bodies 
except  only  in  the  number  of  their  members.  It  is  true 
that  for  several  years  the  members  of  the  Boston  board 
of  aldermen  were  elected  by  districts  and  not  by  vote  of 
the  city  at  large,  but  it  is  also  true  that  these  districts 
were  at  least  double  the  size  of  those  contemplated  in  the 


844  Special  Messages. 

present  bill,  and  that  even  with  this  advantage  the  results 
were  so  unsatisfactory  that  this  method  was  very  generally 
condemned  and  was  finally  abandoned. 

Whatever  influences  have  made  the  city  council  of  Bos- 
ton a  body  of  less  high  purposes  and  wise  efficiency  than 
its  citizens  believe  the  council  might  become  if  constituted 
in  a  manner  different  from  the  present,  would  in  my 
opinion  be  intensified  rather  than  abated  by  the  legislation 
contemplated  in  this  bill.  Instead  of  raising  the  standard 
of  membership,  and  making  more  honorable  the  service 
in  either  branch,  the  operation  of  this  bill  would  tend,  I 
believe,  to  lower  the  one  and  to  degrade  the  other.  In 
the  attempt  to  correct  acknowledged  evils  it  is  better  to 
make  no  change,  rather  than  to  adopt  a  change  which 
bears  no  promise  of  improvement. 

I  feel  confident  that  a  better  method  than  the  one  pro- 
posed can  be  devised  to  effect  the  improvement  in  the 
legislative  branch  of  the  government  of  the  city  of  Boston 
which  should  be  the  constant  ettbrt  of  her  citizens. 

For  these  reasons  I  am  unable  to  give  my  official  ap- 
proval to  the  bill. 

[To  the  honorable  senate  and  house  of  representatives,  May  24,  1898.] 

Recent  events  lead  me  to  ask  your  honorable  bodies 
whether  legislation  is  not  desirable  which  shall  limit  more 
strictly  the  connection,  in  locality  or  in  the  personnel  of 
their  officers,  of  savings  banks  and  other  moneyed  institu- 
tions. 

The  Commonwealth  has  in  some  degree  assumed  the 
position  of  guardian  of  the  savings  of  her  industrious  and 
frugal  citizens  of  moderate  means,  and  as  experience  may 
from  time  to  time  indicate  that  new  safeguards  are  reason- 
able and  necessary,  it  becomes,  in  my  opinion,  the  duty 
of  the  legislature  to  remove  causes  of  danger  or  distrust. 

[To  the  honorable  senate  and  house  of  representatives,  May  31,  1898.] 

I  transmit  herewith  for  such  action  as  your  honorable 
bodies  may  determine,  a  letter  containing  charges  against 
a  certain  person  holding  the  commission  of  notary  public 
in  this  Commonwealth. 

[To  the  honorable  senate  and  house  of  representatives,  June  3,  1898.] 

I  deem  it  my  duty  to  ask  your  honorable  bodies  to 
consider  the  propriety  of  enacting  legislation  which  shall 


Special  Messages.  845 

authorize  registered  voters  of  this  Commonwealth,  now 
or  hereafter  mustered  into  the  service  of  the  United  States 
and  absent  at  their  post  of  duty,  to  vote  at  national,  State 
and  municipal  elections. 

I  enclose  for  the  information  of  your  honorable  bodies 
an  opinion  submitted  to  me  by  the  attorney-general  in 
response  to  a  letter  of  inquiry  from  me  upon  the  subject. 

Although  present  indications  encourage  the  confident 
ho])e  that  the  war  may  be  speedily  brought  to  an  honor- 
able end,  it  is,  in  my  opinion,  an  act  of  justice  to  those 
who  have  volunteered  in  defence  of  their  country  that 
they  shall  not  thereby  lose  their  rights  of  citizenship,  in 
case  circumstances  shall  require  them  to  be  absent  from 
their  homes  upon  the  day  of  election. 

[To  the  honorable  senate  and  house  of  representatives,  June  6,  1898.] 

I  ask  the  careful  consideration  of  your  honorable  bodies 
of  a  communication,  transmitted  herewith,  from  the  chair- 
man of  the  executive  committee  of  the  Massachusetts 
Volunteer  Aid  Association,  regarding  the  purchase  and 
equipment  of  a  vessel  to  act  as  a  relief  and  hospital  ship 
to  our  soldiers  in  the  service  of  the  United  States,  and 
requesting  that  the  Commonwealth  purchase  a  vessel  for 
the  above  purpose,  the  cost  thereof  to  be  returned  wholly 
or  in  part  to  the  treasury'  of  the  Commonwealth  at  the 
close  of  the  war,  unless  circumstances  which  do  not  now 
seem  probable  intervene  to  make  this  impossible. 

The  plan  presented  in  this  communication  has  received 
the  approval  of  United  States  officers,  and  is,  in  my 
opinion,  deserving  of  favorable  consideration. 

[To  the  honorable  senate  and  house  of  representatives,  June  8,  1898.] 

I  have  the  honor  to  call  the  attention  of  your  honorable 
bodies  to  the  existing  condition  of  legislation  regarding 
the  duties  of  the  cattle  commission.  The  statutory  pro- 
visions defining  the  duties  of  this  commission  remain  un- 
repealed, many  of  them  mandatory  in  their  character,  and 
calling  for  the  expenditure  of  large  sums  of  money  by  the 
Commonw^ealth.  The  legislature  in  its  wisdom  has  de- 
clined to  make  any  appropriation  to  meet  the  expenses 
thus  required  to  be  incurred.  In  the  absence  of  further 
action  by  your  honorable  bodies  it  is  in  my  opinion  prob- 


846  Special  Messages. 

able  that  many  claims  will  bo  presented  against  the  Com- 
monwealth under  the  provisions  of  existing  statutes. 

Without  at  the  present  time  expressing  my  personal 
views  regarding  the  treatment  of  disease  in  cattle,  further 
than  to  refer  to  the  portion  of  my  inaugural  address  of 
1897  relating  thereto,  I  am  clearly  of  the  opinion  that 
legislation  should  be  enacted  at  the  present  session  which 
shall  more  clearly  define  the  intent  and  purposes  of  the 
legislature  upon  this  subject. 


CHANGE   OF  NAMES, 


CHANGE   OF   NAMES   OF  PERSONS. 


In  compliance  with  the  requirement  of  the  Public  Statutes,  Chap.  148,  Sect.  14,  returns  of 
the  foUowiniT  Changes  of  Names  have  been  received  in  the  office  of  Secretary  of  the  Common- 
wealth, as  decreed  bv  the  several  Judges  of  the  Probate  Courts  in  their  respective  Counties :  — 

BARXSTABLE   COUNTY. 


Date  of                      Original  Name. 
Decree. 

Name  Decreed. 

Residence, 

1897. 

June       8 

s 

8 

Aug.     10 

Nov.       9 

Dec.      14 

14 

14 

Helmia  Maria  Anderson,* 
Autone  Souza,*     . 
Sylvia  Mabel  Sparrow, 
Catherine  Irvine,* 
John  Wing  Horr,* 
Leroy  Stanley  Taylor,* 
Emma  Hall  Taylor,*     . 
Mary  Sousa,* 

Eleanor  Veeder, 
William  Jacint, 
Mabel  Sparrow  Sparrow, 
Catherine  Evelyn  Walker, 
John  Wing  Cammett,     . 
Leroy  Stanley  Wood,     . 
Emma  Hall  Wood, . 
Mary  Sousa  Almy, 

Sandwich. 

Provincetown. 

Orleans. 

Harwich. 

Barnstable. 

Brewster. 

Brewster. 

Provincetown,  . 

BERKSHIRE  COUNTY. 


Jan. 

5, 

Maude  Irene  Dicey,*    . 

Madeline  Irene  Johnson, 

Pittsfield. 

March 

2 

Harris  Berkwitz,  . 

Harris  Berger, 

Pittsfleld. 

16, 

Harrv  Funk,* 

Harry  Miles  Moore, 

Lanesborough. 

April 

7 

John  Simons,* 

John  Oles, 

Alford. 

Mav 

4, 

Pauline  Greeger,* 

Pauline  Adelt, 

Adams. 

July 

20, 

Kenneth  Carl  Genebra,* 

Kenneth  Carl  Michael,   . 

Pittsfleld. 

•20, 

Harrv  Young,* 

Harry  Thomas, 

Pittsfield. 

20, 

Jennie  Louisa  (Goodrich, 

Jennie  Louisa  VoUmer, 

Hinsdale, 

22, 

George  Albert  Trembley,* 

George  Albert  Ulorin,    . 

Lee. 

Sept. 

7, 

Harrv  Lozeau,* 

James  Henry  Yon, 

North  Adams. 

7, 

Johanna  Hartnett,* 

Johanna  Kearnev,  . 

Pittsfield. 

8, 

Bridget  Carlow,*  . 

Berdina  Estelle  Bibber, 

So.Harpswell,  Me. 

Nov. 

3, 

Albert  E.  Crocker,* 

Albeit  E.  Warren,  . 

Pittsfield. 

15, 

Anna  May  Fromma,*    . 

Anna  May  McDonald,    . 

Dalton. 

BRISTOL  COUNTY. 


March    5, 

Jeanette  C.  Nichols,*    . 

Jeanette  Nichols  Bliss,  . 

New  Bedford, 

5, 

Minnie  M.  VVoodmancy,*     . 

Minnie  M.  Morrison, 

Fall  River. 

5, 

Ella  M.  Woodmancy,* . 

Ella  M.  Morrison 

Fall  River. 

^! 

Lillian  Belle  Moores,*  .        .       / 
Lillian  Mav  Moores,     .        .       ( 

Marjorie  Fiske  Ashworth,     . 

No,  AttleborougU. 

April      2, 

William  S.  Caldwell,     . 

Harry  S.  Caldwell, .... 

New  Bedford. 

1'5, 

Mabel  Florence  Mclntyre,* 

Elise  Florence  Baylies,  . 

Taunton. 

May        7, 

Julia  Webb,* 

Maud  Clayton  Wood,     . 

New  Bedford. 

7, 

liosella  Mc<'ardle,* 

Gladvs  Louise  Andrews, 

Easton. 

7 

M'ilfred  Cote,*       .... 

Wilfred  Bernard,    .... 

Taunton. 

Harry  Austin  Provost,* 

Everett  Carlton  Chase,  . 

New  Bedford, 

*  Changed  by  reason  of  adoption. 


850 


Chai^^ge  op  ]!!^ames. 


BRISTOL  COUNTY  — Concluded. 


Date  of 

Original  Name. 

Kame  Decreed. 

Residence. 

Decree. 

1897. 

June 

18, 

Lizzie  H.  Swift,*  .... 

Lizzie  H.  Holmes,  .... 

New  Bedford. 

July 

2, 

Martin  Gossler,*   . 

Martin  Gossler  Fluegel, 

New  Bedford. 

Aug. 

fi, 

Robert  L.  Haley,* 

Robert  L.  Gifford 

New  Bedford. 

6, 

Agnes  J.  Haley,*  . 

Agnes  J.  Gifford,    .... 

New  Bedford. 

6, 

Mary  Hazel  Levering,* 

Hazel  Maud  Lovering,    . 

Fairhaven. 

Sept. 

3, 

Roy  E.  Danforth,* 

Roy  E.  Wilbur 

Raynham. 

S. 

Maggie  J.  Pepper,* 

Maggie  J.  Hargraves, 

Fail  River. 

IV, 

James  Henry  Ahern,*  . 

James  Henry  Smith, 

Raynham. 

Oct. 

1, 

Harry  McKenzie,* 

Joseph  Balfour  McGraw, 

Fall  River. 

Nov. 

5. 

John  Smith,   . 

John  Cooper  Smith, 

Fall  River. 

.'), 

John  Wing  Horr,* 

John  Wing  Cammett,     . 

Barnstable. 

Dec. 

IV, 

Charlotte  Irene  Forrester,* 

Charlotte  Isabel  Joseph, 

New  Bedford. 

ESS 

EX  COUNTY. 

Jan. 

IS, 

Mary  Coral,* 

Mabel  Coral  Timmins,   . 

Lynn. 

Feb. 

15, 

Alonzo  Foster 

Alonzo  Goodhue  Foster, 

Beverly. 

March    1, 

John  Wall,* 

Ralph  Curtis  Tibbetts,   . 

Worcester. 

1, 

Theresa  Wall,*      .... 

Helen  Felton  Tibbetts,  . 

Worcester. 

22, 

Joseph  J.  Tellier,* 

Joseph  Jules  Dion, 

Lawrence. 

Apr. 

1-i, 

Margaret  J.  Solomon,* 

Mildred  Arnold,       .... 

Boston. 

12, 

Marion  L.  Sweetser,*    . 

Teresa  Josephine  Gletzgan, . 

Haverhill. 

May 

3, 

Gertrude  Finnegan,*     . 

Gertrude  Doherty 

Boston. 

3, 

Julius  Yanofeky,  .        •        .        . 

Julius  Young,           .... 

Lynn. 

3, 

Ida  A.  Randall,      .         •        .        . 

Ida  Amanda  Emerson,   . 

Lynn. 

10, 

Laura  E.  Elwell,* 

Laura  Etta  Day,      .... 

Gloucester. 

IV, 

Hazel  Bixby,* 

Hazel  Morse  Edwards,  . 

Beverly. 

June 

21, 

Alice  Furneaux,*  .... 

Alice  Evelyn  Purdy, 

Melrose. 

21, 

Lewis  M.  Shillington,* 

Lewis  Stanley  Moreland, 

Lynn. 

28, 

Mary  B.  Butterfield,*    . 

Mary  Bell  Willis,    .... 

Merrimac. 

28, 

Chandler  Rand,"    .... 

Chandler  Rand  Willis,    . 

Merrimac. 

28, 

Hattie  L.  Cooper,  .... 

Eva  Howard  Allen, 

Amesbury. 

Sept. 

7, 

Flossie  Fisher,*     .... 

Doris  Livingston,    .... 

Boston. 

7, 

Lizzie  Goldthorp,* 

Elizabeth  Ogden,     .... 

Newburyport. 

27, 

Margaret  M.  Walker,*  . 

Margaret  Walker  Small, 

Saugus. 

Oct. 

4, 

Mary  L.  Bennett,* 

Mary  Lillian  Carew, 

Hanover. 

4, 

Frederic  Shutes,*  .... 

John  Collins, 

Lawrence. 

Nov. 

1, 

Adalino  R.  Downes, 

Adaline  Rosalia  Chambers,   . 

Haverhill. 

1, 

Francis  T.  Atkins, 

Frank  Thomas  Johnson, 

Wenham. 

1, 

Abram  L.  Beanblossom, 

Abram  Lincoln  Bean,     . 

Lynn. 

1, 

Annie  Bateman,*  .... 

Annie  Quinn 

Lynn. 

1, 

Bertha  Hickey,*     .... 

Bertha  Helen  Chadwick, 

Newburyport. 

8, 

Mary  L.  Curtis,*   .... 

Mary  Elizabeth  Brown, 

Peabody. 

8, 

Elliot  O.  Hopkins,*       . 

Elliott  Orman  Foster,     . 

Dan  vers. 

Dec. 

6, 

Elizabeth  Bateman,*    . 

Elizabeth  Goff 

Lawrence. 

6, 

Mary  Cole,*   .                ... 

Marion  Estelle  Lowe,     . 

Cambridge. 

6, 

Nellie  M.  Cresswell,*  . 

Sybil  Lang, 

Lynn. 

6, 

Raymond  McAllister,* 

Raymond  Watson  Wright,     . 

(•amb  ridge. 

6, 

Herman  L.  Wright,*     . 

Robert  Eldredge  Blood, 

Boston. 

20, 

Lily  Peck,* 

Annie  Reed 

Boston. 

FRANKLIN  COUNTY. 


March 

9, 

9, 

April 

0, 

6, 

May 

4, 

25, 

Jnly 

6, 

Sept. 

7, 

Edna  Leslie  Howard,* . 
Mildred  Irene  Howard,* 
Vera  M.  Allen,*    . 
Ilattie  Bell,*  . 
Sophia  Frances  Miller,* 
Irene  Keough,* 
Robert  Bennett  Dean,* 
Charles  Edward  Paul,* 


Edna  Howard  Pease, 
Mildred  Irene  Crawford, 
Etta  Jane  Bell, 
Rachel  Ross,    . 
Dorothy  Iiennett  Atwood, 
Nettie  May  Allen,  . 
Robert  liennett  Dean  Martin 
Charles  Edward  Pratte, 


Montague. 

Montague. 

Montague. 

Montague. 

Northtield. 

Huckland. 

Deerfield. 

Montague. 


•  Changed  by  reason  of  adoption . 


Change  of  ^ames. 


851 


HAMPDEN  COUNTY. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1897. 

Jan. 

6, 

Samuel  Clark,*      .... 

Claude  Louis  Barden,    . 

Agawam. 

16, 

Annie  Elizabeth  Aucher,* 

Annie  Elizabeth  Learned,     . 

Mansfield,  Conn. 

April 

7, 

Hu(?h  Rogers,* 

Joseph  Litourneau, 

"Westtield. 

7, 

Albert  Hugh  Elliot,*     . 

Albert  Hugh  Bemis, 

Springfield. 

May 

i>. 

Leslie  Beach, 

Leslie  Clarence  Smith,   . 

West  Springfield. 

\ 

Margretlue  Connors,*  . 

Mabel  Alice  Sullivan,     . 

Springfield. 

«, 

Pearl  Avis  Martin,* 

Pearl  Avis  Hart 

Holyoke. 

June 

V2, 

Thomas  Keid,* 

Cyril  Keid  Nutting, 

Chicopee. 

1(5, 

Edith  May  Bumstead,* 

Edith  Mae  Hall, 

Westfield. 

19, 

Emma  Coleman  Hunt,* 

Bessie  Eileen  Winans,   . 

Springfield. 

July 

V, 

Adelaide  Morris  Knight, 

Adelaide  Morris  Sheffield,     . 

Monson. 

V, 

Maria  Louise  Johnson, 

Maria  Louise  Johnson  Longeway, 

Chicopee. 

iil, 

Helen  Marguerite  Thompso 

n,*   . 

Helen  Marguerite  Pidgeon,    . 

West  Springfield. 

2b, 

Carrie  May  King,* 

Carrie  Mav  ^^  ilkinson,  . 

Agawam. 

Sept. 

1, 

Ellen  Blake,* 

Helen  Sullivan, 

Springfield. 

1, 

Alice  Sellers,* 

Alice  Marion  Beaton,     . 

Holyoke. 

Oct. 

% 

Delmira  Bargroan,* 

Delmira  Table,         .... 

Springfield. 

2U, 

James  Chester  McMillan,* 

■William  Wheeler,   .... 

Holyoke. 

Nov. 

3, 

John  Birtwistle  Burnett,* 

John  Charles  Telmosse, 

Ludlow. 

Dec. 

23, 

Gladys  Marjorie  Hey  wood,* 

Gladys  Marjorie  Boies,  . 

Springfield. 

HAMPSHIRE  COUNTY. 


Harry  Coffin,* 
Elsie  Alice  Burt,* 
George  Everton,*  . 
Mary  Agnes  Tobin,*     . 
Wilbur  Daniel  Swathell, 
Edna  Ruth  Peeso,* 


Edward  Judson  Deltz,  . 
Ella  Towne  Kellogg, 
Everton  Ernest  Parker, 
Mary  Agnes  Wilson, 
Wilbur  Daniel  Rice, 
Edna  Maria  Boyce, 


Northampton. 

Amherst. 

Plain  field. 

Northampton. 

Northampton. 

Belchertown. 


MroDLESEX  COUNTY. 


Jan.        5, 

Loretta  Maguire,* 

Loretta  Bedford,     .... 

Somerville. 

n. 

Marv  Robinson,*  .        .        .        . 

Marion  Shumway,  . 

Lowell. 

12, 

John  William  McCarthy,*   . 

John  William  Friend, 

Lowell. 

26, 

Ethel  M.  Pinney,* 

Ethel  Pinney  Langley, 

Lowell. 

Feb.       2, 

Marie  Etta  Garey,* 

Marie  Etta  jandron. 

Marlborough 

9, 

Guiseppe  Paino 

Joseph  Antonio  Pine, 

Marlborough. 

16, 

Mary  Rvder,*         .... 

Mary  Moouey, 

Lowell. 

16, 

John  Albert  Wheeler,* 

John  Albert  Sargent, 

Boston. 

March    2, 

Harold  Irving,*      .... 

Harold  Irving  Oliver, 

Maiden. 

9, 

William  James  Hanson  Bastard, 

William  James  Hanson, 

Maiden. 

9| 

Moses  Krulewitch, 

Moses  Leavitt, 

Lowell. 

9. 

Annie  Krulewitch, 

Annie  Leavitt, 

Lowell. 

9, 

Abraham  Krulewitch,  . 

Abraham  Leavitt,    . 

Lowell. 

9, 

Gertrude  Knilewitch,  . 

Gertrude  Leavitt,    . 

Lowell. 

9, 

Max  Krulewitch 

Max  Leavitt,    . 

Lowell. 

9. 

Lewis  Krulewitch, 

Lewis  Leavitt, 

Lowell. 

9. 

Jacob  Krulewitch, 

Jacob  Leavitt, 

Lowell. 

9, 

Mary  M.  Gustine,* 

Mary  Gustine  Scott, 

Shetiield,  Ala 

23, 

Russell  Arthur  Windle,*      . 

Russell  Arthur  Roberson, 

Brockton. 

23, 

Hannah  Hubbard,* 

Annie  Hubbard  Goodman, 

Cambridge. 

April      6, 

William  M.  L.  Warnock,     . 

William  J.  Kcllv,    . 

Everett. 

6, 

Lillian  May  Simmons,  . 

Lillian  May  Brigham,     . 

Marlborough. 

13, 

Ruth  Elizabeth  Ramsey,*    . 

Dorothy  Lindslev  Seaver, 

Boston. 

13, 

Lillian  Mav  Dixon,*      . 

Lillian  May  Fitzgerald, . 

Natick. 

20, 

Emma  Townend,* 

Emma  Whitelev,     . 

Lowell. 

20, 

Lizzie  Tucker,*     .... 

Lizzie  Tucker  Farnham, 

Smithfield,  Me. 

20, 

WiUiamJ.  Jelly,  Jr.,*. 

William  James  Jelly  Smith, 

Cambridge. 

*  Changed  by  reason  of  adoption. 


852 


Cha5^ge  of  ^Names. 


MIDDLESEX  COUNTY  — Concluded. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


Residence. 


1897. 

AprU    27, 
27 


May 


Jime 


July 


Sept. 


Oct. 


Nov. 


Dec. 


Lottie  M.  Neill,*    . 

Helen  Graj'  Zinck,* 

Walter  t'halner  Shea,   . 

David  "WellioKton  Montgomerj', 

Florence  Elizabeth  Trask,*  . 

Martha  Roee  Ilarkine,* 

Kalph  MacDougal,* 

Lena  Crowley,* 

George  Kidston,*  . 

Nellie  Rogers  Gary,     ,. 

Jessie  Fritz,* 

Etna  V.  Peterson,* 

Ellen  Dorgan,* 

Lillian  McLuer,*   . 

Susie  Calnan,* 

Adalbert  E.Woods,*    . 

Annie  Mary  Smith,* 

Donald  Rea  Hanson  Bastard, 

Charles  Gordon  Rea  Bastard, 

Dorothy  Forde,*    . 

Mary  Elsie  Bruce, 

Charles  Ilarberg  Farwell,* 

Albert  Barnaby,*  . 

Mary  Murray,* 

Harold  Dunsmoor,* 

Frank  Clark  Freeman, . 

Henrj'  I.  Enston,* 

Ruth  Geudrou  Woodbury,' 

Lula  Helen  Bridges,*   . 
Clara  Jennie  S.  Brown,* 
Avedis  Mesrob  Boolgoorjoo 
Ida  M.  McKona,*  . 
Mary  Pearl  Kelly,* 
Christopher  Walker, 
Martha  Wellington  Holland 
Donald  Franklin  Cushing, 
Gertrude  Fairbanks,*   . 
Frank  J.  Crowe,*  . 
Bessie  M.  Haggerty,*   . 
Caroline  Frye  Knight,* 
May  Pearl  Doucette,*  . 
Carl  Adolph  Winther,* 
Mathilde  W^ilhelmiue    Dorothea 

Winther,*   . 
Hilda  V.  Connor,* 
Harold  A.  Farley,* 
Annie  Cosgrove,*  . 
Kenneth  T.  McKay,* 
John  Cole,*    . 
Dorothy  G.  Dwyer,* 
Marian  M.  Crowe,* 
Charles  Weaver  Hayes,* 
Mary  Lesley  Bangs, 


Helen  Loomis,         .        .        .        . 

Helen  Evans  Grant, 

Walter  S.  ( 'halner, 

Roger  Wellington  Montgomery,  . 

Constantia  Elizabeth  Hahn  Wall, 

Martha  Rose  Openshaw, 

Ralph  Carr, 

Lena  O'llare,  . 

John  Joseph  Baird, 

Nellie  Lee  Cary, 

Jessie  Irene  Capers, 

Aimee  H.  Tolliver, 

Helen  SUl, 

Lillian  McLuer  Grant,    . 

Catherine  Boddy,    . 

Adelbert  Everett  Ritchie, 

Annie  May  Remmel, 

Donald  Rea  Hanson, 

Charles  Gordon  Rea  Hanson, 

Dorothy  Elizabeth  Brock, 

Elsie  Marian  Bruce, 

Raymond  Charles  Stinson, 

Albert  Barnaby  Burdett, 

Mary  Wier, 

Harold  Edmond  Freeman, 

Frederic  William  Freeman, 

Henry  I.  Walker,    . 

Ruth    Gendron    Woodbury 

rington, 
Lula  Helen  Barnard, 
Clara  J.  Teppe, 
Avedis  Mesrob  Bool, 
Ida  May  Cummings, 
Mildred  Aldene  Lufkin, 
Howard  Gerry  Moulton, 
Martha  Norwood  Holland, 
Donald  Cushing  Tarbell, 
Gertrude  Eaton, 
Frank  J.  Brundage, 
Bertha  May  Hines, . 
Edith  Mansfield  Waters, 
Gyneth  Margaret  Sallaway, 
Carl  Winther  Pflueger,  . 

Mathilde  Winther  Pflueger, 
Hilda  Lenore  Mitchell,  . 
Harold  Berkley  Whittredge, 
Hazel  Marion  Perrault,  . 
Stanley  Fridtjof  MoUerstrom 
Ralph  William  Cashen,  . 
Dorothy  Alvina  Bangs,  . 
Marian  Madeline  Murray, 
Charles  Oscar  Crosby,    . 
Lesley  Dillingham  Bangs, 


Har- 


Cambridge. 

Boston. 

Somerville. 

Cambridge. 

Bellingham. 

Lowell. 

Ashbj'. 

Boston. 

Boston. 

Maiden. 

Maiden. 

Everett. 

Cambridge. 

Somerville. 

Lowell. 

Med  ford. 

Wakefield. 

Maiden. 

Maiden. 

Framingham. 

Stoneham. 

Boston. 

Boston. 

Lowell. 

Boston. 

Newton. 

Somerville. 

Maiden. 

Boston. 

Cambridge. 

Melrose. 

Westford. 

Boston. 

Chelmsford. 

Billerica. 

Cambridge. 

Framingham. 

Cambridge. 

Cambridge. 

Groton. 

Boston. 

Cambridge. 

Cambridge. 

Medford. 

Lynn. 

Boston. 

Arlington. 

Boston. 

Boston. 

Cambridge. 

Norton. 

Winchester. 


NORFOLK  COUNTY. 


1806. 

Dee.     23, 

1897. 

Jan.      20, 

Mar.     17, 

17. 


Gertrude  Flynn, 


Annie  Maud  Taylor,*   , 
Joseph  Collicott,* 
Arthur  Clyde  Robson,* 


Gertrude  Evans, 


Annie  Maud  Rykc, 
Joseph  Churchill  Bacon, 
Arthur  Clarence  Mitchell, 


Franklin. 


Boston. 

Brookline. 

Salem. 


Changed  by  reason  of  adoption. 


Change  of  ^ames. 


853 


NORFOLK  COUNTY -Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1897. 

April      7, 

Josephine  Walsh,* 

Hazel  May  Merriman,    . 

Somerville. 

May        5, 

Nellie  Garrity,*     .... 

Nellie  Maria  Fogelgren, 

Boston. 

12, 

Ellen  Kellev,*        .... 

Lillian  Carson  Gigie, 

Boston. 

19, 

Mary  Alice  Barrett,*     . 

Mary  Alice  Estabrook,  . 

Hyde  Park. 

26, 

Edward  Dunham  Anderson,* 

Edward  Dunham  Ridgway, 

Boston. 

26, 

Frank  L.  Robinson,*     . 

Frank  Sumner  Mills, 

Springfield. 

June     16, 

Robert  Franklin  Osgood,*    . 

Archie  Woodman  Wilde, 

Stoneham. 

16, 

Howard  Haskell  Cushing,*  . 

Howard  Cushing  Thomas, 

Cambridge. 

16, 

Robert  McDonald,* 

Roy  Mealy, 

Boston. 

July     28, 

Mary  Ryan,* 

Mary  Lawrence, 

Milton. 

Oct.      13, 

Edith  Ilubley,*      .... 

Edith  Marian  Randall,    . 

Boston. 

30, 

Addie  Durgin,*     .... 

Fannie  Kendall  Cushman, 

Canton. 

PLYMOUTH  COUNTY. 


Jan.      25, 

Mary  E.  O'Donnell,*    . 

Helen  Foley 

Brockton. 

May      24, 

Estelle  Morton,*    . 

Estelle  Marjory  Reid, 

East  Bridgewater. 

24, 

Mary  F.  Harding,* 

Mary  F.  Fobes, 

Brockton. 

July     12, 

Ethel  D.  Blood,*   . 

Ethel  D.  KeUev,      . 

Brockton. 

12, 

Patrick  Egan,* 

Jay  Patrick  Galligan, 

Middleborough. 

Sept.    27, 

Frederick  N.  Bates,*     . 

Frederick  N.  Paul, . 

Whitman. 

Oct.      25, 

Henry  B.  Harrington,* 

Henry  B.  McPherson, 

Abington. 

Dec.     13, 

Grace  Higgins,*    . 

Edith  Myrtle  Armor, 

Brockton. 

27, 

George  Owen  Clapp,*  . 

George  Martin  Barden, 

• 

Middleborough. 

SUFFOLK  COUNTY. 


Jan.       7, 

Mary  Markey,*      .        .        .        . 

Ruth  Mabie, 

Boston. 

7, 

Marion  Wilton,*    , 

Marion  Golden, 

Cambridge. 

14, 

Frederick  Gaboury,* 

Charles  Ready  Napier,  . 

Boston. 

1-1, 

Arthur  B.  Chase,* 

Arthur  Edwin  Kramer, . 

Boston. 

14, 

John  L.  Mahonev,* 

John  Lawrence  Maccubbin, 

Boston. 

21, 

Edith  Frances  Gilmore 

* 

Edith  Frances  Pierce,     . 

Somerville. 

28, 

Conrad  McKenzie,* 

Arthur  Conrad  Titus,     . 

Boston. 

Feb.     11, 

William  M.  O'llarra, 

William  M.  Macdonald, 

Boston. 

11, 

Amy  E.  Shields,*  . 

Amy  E.  Nason,       •        • 

Glasgow,  S 

Gotland. 

18, 

Irving  Eckler,* 

Irving  Weimer,        -        • 

Quincy. 

18, 

Bertha  Kilev,* 

Bertha  Walsh, 

Lynn. 

18, 

Cora  Hudson,* 

Margaret  Eagle, 

Boston. 

18, 

Harriet  E.  Burchsted,* 

Harriet  Elizabeth  Fisher, 

Boston. 

25, 

Josephine  Hill,*     . 

Josephine  Helen  Scheiber, 

Boston. 

25, 

Fred  W.  Engstrom, 

Fred  W".  Armstrong, 

Boston. 

25, 

Frank  D.  Engsirom, 

Frank  D.  Armstrong, 

Boston. 

25, 

Mary  Lillia  Harris,* 

Ethel  Annas  Hunter, 

Boston. 

March    4, 

Clara  C.  Austin  Leach, 

Clara  C.  Austin, 

Boston. 

4, 

May  Laura  Simmons,     • 

May  Laura  Perkins, 

Boston. 

1«. 

Richard  Leary,* 

Frank  Gillis  Bourassa, 

Boston. 

l**, 

Ph<ebe  Edna  Reid,* 

Dorothy  Edwards,  . 

Boston. 

25, 

Walter  Edmund  Taylor,* 

Walter  PJdmund  Duffy, 

Boston. 

25, 

Marion  Agnes  Chenev,* 

Marion  Agnes  Dupee, 

Boston. 

AprU     1, 

Emilia  O.  de  A.  Garceau, 

Emilia  O.  de  Angelis, 

Boston. 

i; 

Mary  Elizabeth  Murphy, 

Mary  Elizabeth  Murray, 

Boston. 

1, 

William  Johnstone  Murphy 

, 

William  Johnstone  Murray, 

Boston. 

1, 

William  Hamilton  Murphy, 

William  Hamilton  Murray, 

Boston. 

1, 

Bertha  Brown,*     . 

Pearl  Sutherland, 

Boston. 

1, 

Clara  Stevens,* 

( 'lara  Stevens  (Joffin, 

Boston. 

15, 

Babv  Wilson,* 

Dorothy  Elden, 

Boston. 

15, 

Mary  A.  Sullivan, 

Mary  A.  Lloyd, 

Boston. 

22, 

Stella  May  McCloskey,* 

Esther  Alberta  Rice, 

Boston. 

22, 

Leona  Haley  Campbell,* 

Viola  Bertha  Merchant, 

Boston. 

*  Changed  bj'  reason  of  adoption. 


854 


Chak^ge  of  Names. 


SUFFOLK  COUNTY  —  Continued . 


Date  of 

Original  Name. 

Name  Decreed. 

Residence. 

Decree. 

1897. 

April    29, 
29, 

Paul  McKay,*        ,        .        .        . 

Albert  Elwood  Hector,  . 

Boston. 

Pauline  McKay,*  .... 

Alberta  E.  Hector,  . 

Boston. 

29, 

Freddie  Coye,*      .... 

Frederick  Lawrence  Odiorne 

Boston. 

29, 

Letitia  Ellen  Bremick,* 

Letitia  Ellen  Johnson,    . 

Boston. 

May      13, 

Jacob  M.  Koviensky,    . 

Jacob  M.  Koven,     . 

Boston. 

13, 

Thomas  F.  Morriseey, . 

Thomas  F.  Morris, 

Boston. 

20, 

Kate  Annette  Heyer,    . 

Kate  Prentice,          . 

Boston. 

20, 

Henry  Penzansky, 

Henry  Penn,     .... 

Boston. 

20, 

Lewis  Jenkins,*    .... 

Lewis  Warner,         . 

Boston. 

20, 

Gladys  Percy,*      .... 

Emily  May  Gladys  Boyd, 

Boston. 

20, 

Mabel  F.  Bacon,*  .... 

Mabel  Frances  Wood,    . 

Boston. 

27, 

Francis  Bailey 

Francis  Porter, 

Boston. 

27, 

Mary  Kelliher,*     .... 

Beatrice  Cranford  Babcock,  . 

Boston. 

27, 

Charles  Wm.  Peirce,    . 

Carl  Peirce,       .         ... 

Boston. 

June     10, 

George  Lawrence  Congdon, 

George  C.  Lawrence,     . 

Boston. 

17, 

Harry  Lynch,*       .... 

Harry  A.  Fuller, 

Chelsea. 

17, 

Arthur  F.  D.  O'Connor, 

Arthur  Dorr  Hay  den,     . 

Boston. 

17, 

William  Widdop,* 

Winslow  Frederick  Mclutyr< 

i, 

Boston. 

21, 

Florence  Crosby,*         . 

Annie  Sophia  Johansson, 

Boston. 

24, 

Alice  M.  Mc Alpine,*    . 

Ruby  Mabel  Morrison,   . 

Boston. 

24, 

Madeline  Amelia  Caswell,* 

Madeline  Amelia  Costello, 

Boston. 

24, 

Spencer  Q.  Mette, 

Spencer  Q.  Stokes, 

Boston. 

July       1, 

Helen  Maclntyre,* 

Helene  Bradley  Cundall, 

Boston. 

s. 

Sabra  Maude  Angell,     . 

Sabra  Maude  Harris, 

Boston. 

8, 

Estella  May  Henderson,*     . 

Estella  May  Wilson, 

Boston. 

15, 

Frank  Bo  wker  Siegars, 

Frauk  Bowker  Siears,     . 

Boston. 

22, 

Mary  A.  Cahill,      .... 

Mary  A.  Corcoran, . 

Boston. 

22, 

Samuel  Garson  Slobodkin,  . 

Samuel  Slobodkin  Garson, 

Boston. 

22, 

Earl  Lovejoy  Seymour,* 

Charles  Irving  Rosebrook, 

Boston. 

29, 

Augustus  Ernest  Gray,* 

Augustine  Ernest  Murphy, 

Boston. 

Aug.     19, 

Charles  Rispoli,     .... 

Charles  Rispoli  Ross,     . 

Boston. 

19, 

Rose  A.  Baker,*     .        .        .        . 

Luella  Grace  Mason, 

Boston. 

19, 

Mary  A.  Carroll,*  .... 

Mary  A.  Pease, 

Boston. 

Sept.       2, 

Alfred  Lindquist 

Alfred  Stevens, 

Boston. 

2, 

Mabel  Crandlemire,*     . 

Mabel  Fallon,  . 

Boston. 

9, 

Frank  Mullen,*      .       .        .        . 

Francesco  Paulo  De  Blasi, 

Boston. 

9, 

Ethel  Smith,*         .        .        .        . 

Mildred  Ethel  Nesbitt,   . 

Boston. 

9, 

Mary  F.  Doyle,      .        .        .        . 

Edna  S.  Nourse, 

Boston. 

16, 

Oliver  B.  Park,*     .        .        .        . 

Oliver  Park  Black,  . 

Boston. 

23, 

Hubert  J.  Beugnies,     . 

Hubert  Joseph  Williams, 

Boston. 

23, 

Clarice  May  Belle  Hawkins,* 

Clarice  May  Belle  Arnold, 

Boston. 

23, 

Ethel  Leonore  Hutchings,*  . 

Ethel  Leonore  Morrill,  . 

Boston. 

30, 

Ernestine  P.  Landers,* 

Ernestine  Pearle  Trefry, 

Boston. 

Oct.        7, 

Levi  Jacobofsky 

Levi  Jacobson,         .        . 

Boston. 

7, 

Laura  Colburn,*    .         .        .        . 

Mildred  McGregor, 

Boston. 

Minnie  Moore,*      .        .        .        . 

Ethel  Gladys  Critcherson, 

Boston. 

ll', 

Helen  May  Young, 

Helen  May  Coleman, 

Boston. 

14, 

Azalia  Nute  Shea, 

Azalia  Shea  Nelson, 

tJoston. 

14, 

Florence  Lillian  Shea,  . 

Florence  Lillian  Nelson, 

Boston. 

14, 

Patrick  John  Joyce,      . 

John  Howard  Joyce, 

Boston. 

21, 

Abraham  Charles  Werbralski,    . 

Abraham  Charles  Webber, 

Boston. 

21, 

Sarah  A.  Malone 

Sarah  Ann  Clark,    . 

Boston. 

21, 

Erick  Frandsen 

Erick  Frankson, 

Boston. 

21, 

Louis  Edward  Rosenham,   . 

Louis  Edward  Ralston,  . 

Boston. 

2S, 

Clarence  McKenzie,*     . 

Clarence  King, 

Boston. 

Nov.     11, 

Ellen  ('rowley,*     .        .        .         . 

Ellen  .lane  Ilonan,  . 

Boston. 

18, 

Robert  A  rmstrong  Elliott,* 

Robert  Elliot  Smith, 

ISoston. 

18, 

Bernice  Kennedy,* 

Bernice  Batchelor  Roberts, 

Boston. 

1?. 

Frances  Crowley,* 

Florence  Gladys  Crockett, 

15oston. 

Dec.        2, 

Marguerite  Blood,* 

Marguerite  Barnard  Smith, 

Boston. 

9, 

Maurice  Slepian 

Maurice  (Jreeuwood, 

Boston. 

9, 

Philip  Pinkofsky, 

PhiUip  Pinkney,      . 

Boston. 

9, 

John  Isaac  Shapiro,      . 

John  I.  Sparrow,     . 

Boston. 

16, 

Joseph  Navisky,   .        .        .        . 

Joseph  NaviBon, 

Hoston. 

16, 

Vincent  Daboll,*  .        .        .        . 

V^incent  Pcrcival,     . 

Boston. 

16, 

Harry  Hatchel,*    .        .        .        . 
Dudley  J.  Mulrenin,*  . 

Harry  Praikschatis, 

Boston. 

16, 

Dudley  J.  Clogher  Mulrenin, 

Boston. 

*  Changed  by  reason  of  adoption. 


Cha]^ge  of  Kames. 


855 


SUFFOLK  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1897. 

Dec.      16, 
16, 
16. 
16, 
16, 
23, 
23, 
30, 
30, 
30, 

Mollie  C.  Mulrenin,*     . 
William  P.  Mulrenin,* 
James  Thomas  Adelmann,* 
Eugene  Louis  Adelmann,*  . 
Rosanna  Margaret  Adelmann,*  . 
Gladys  M.  Orr,*     .... 
Charles  Samuel  Croft,  . 
AUdanna  McMillan,*    . 
Teresa  Smith,*        .... 
Uattie  Edith  Louesa  Peters,* 

Mollie  C.  Mulrenin  Clogher, . 
Wm.  P.  Clogher  Mulrenin,    . 
James  Thomas  Gallagher,     . 
Eugene  Louis  Gallagher, 
Rosanna  Margaret  Gallagher, 
Gladys  M.  "Wallace, 
Charles  Samuel  Pangborn,    . 
Eola  Glee  Town,     .... 
Elizabeth  Maud  Bennett, 
Hattie  Peters  Howe, 

Boston. 

Boston. 

Cambridge. 

Cambridge. 

Cambridge. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

WORCESTER  COUNTY. 


Jan. 

1, 

Geneive  Tracy,*    .... 

Geneive  T.  Woodside,   . 

Worcester. 

12, 

Salamon  Ruduitzky,     . 

Salamon  Reed,          .... 

Worcester. 

19, 

Mayer  Barney  Melnkov, 

Mayer  Barney  Miller,     . 

Worcester. 

26, 

John  Joseph  Doyle,*    . 

Joseph  Clarence  Greene, 

Gardner. 

29, 

Wilmot  McDonald,       , 

Walther  Reinhold  Lenk, 

Fitchburg. 

29, 

Catharine  Gerry,* 

Catharine  Powell,    .... 

Fitchburg. 

Feb. 

9. 

Marguerite  Lucas,* 

Helen  Theresa  Bruso,    . 

Worcester. 

16, 

Virginia  Howland  Howard,* 

Ruth  Packard  Kloss, 

MiUbury. 

March 

2, 

Collin  Henry  Dunnahoo, 

Collin  Henry  Aiken, 

West  Boylston. 

2, 

Israel  Potashiusky, 

Edward  Israel  Potter,     . 

Worcester. 

5. 

Frank  Leslie  Nelson,*  . 

Frank  D.  Field, 

Winchester,  N. 

H. 

9, 

Kathelin  Gertrude  King,*    . 

Laura  Gertrude  Wood,  . 

Worcester. 

16, 

Martin  Maloney, 

Edward  Martin  Johnson, 

Worcester. 

19, 

Lena  Josephine  Oliver,* 

Lena  Josephine  Whitney, 

Westborough. 

April 

2, 

Helen  McKenna,*  . 

Helen  Annie  Burrage,    . 

Leominster. 

May 

4, 

Catherine  Bridget  Cronin,*  . 

Catherine  Cronin  Mason, 

Charlton. 

4, 

Edward  Conway  Cronin,*    . 

Edward  Cronin  Mason,  . 

Charlton. 

7, 

Leonna  Fleibotte,* 

Leonna  Letendre 

Webster. 

11, 

Florence  Mussey  Day, . 

Charles  Mussey  Day,      . 

Hopedale. 

14, 

William  Waterhouse,* 

Fred  Clarence  HiU, 

Webster. 

June 

1, 

Jennie  Warren  Graham,*     . 

Otille  Marion  Sanborn,  . 

Tiverton,  R.I. 

8, 

Irene  Golden,* 

Goldie  Ethel  Benson, 

Worcester. 

8, 

Marguerite  M.  Powers,* 

Marguerite  Mar}-  Peabody,    . 

Hard  wick. 

15, 

Grace  Ney,*   .                 .       .        . 

Grace  Elizabeth  Winch, 

Worcester. 

15, 

Clara  A.  Lamb 

Clara  A.  Hammond, 

Charlton. 

29, 

Pearl  Maria  Stevens,*  . 

Minnie  Gertrude  Snell,  . 

Leicester. 

July 

13, 

Albion  Hills  Holland,   . 

Albion  Hills  Wilder,      . 

Leominster. 

Aug. 

17, 

Edith  A.  Ney,*      .        .        .        . 

Georgie  Edith  Bailey,    . 

Upton. 

Sept. 

28, 

Harry  Litchfield,   .        .        .        . 

Harry  Livingston  Litchfield, 

Fitchburg. 

Oct. 

5, 

Anna  Simard,*       .        .        .        . 

Anna  Ritchie,          .... 

M^orcester. 

5, 

Dahlquist,*     .        .        .        . 

Florence  Louisa  Erikson, 

Worcester. 

15, 

Catherine  L.  Davis,*     . 

Elizabeth  Doyle 

Clinton. 

19, 

Charles  Kngelbrekt  Engelbrekt- 

son 

Charles  Engelbrekt  Andrews, 

Fitchburg. 

22, 

Marguerite  Murray,*    . 

Marguerite  Fox,       .... 

Sturbridge. 

22, 

Helen  Murray,*      .        .        .        . 

Helen  Fox, 

Sturbridge. 

29, 

Walter  Guy  Kempton,* 

Walter  Guy  Hubbard,    . 

Worcester. 

Nov. 

3, 

Maria  Mullen,*       .        .        .        . 

Mabel  Florence  Dudley, 

Barre. 

3, 

Mary  Nicholson,* .        ,        .        . 

Mary  Sullivan,         .... 

Worcester. 

3, 

Margaret  E.  McKay,*   . 

Marguerite  Louise  Sails, 

Athol. 

3, 

Helen  (Hadys  Hale,*     . 

Helen  Gladys  Stevens,    . 

Worcester. 

9, 

Edith  DoUiuger,*  .        .        .        . 

Ruth  Elizabeth  Boardman,    . 

Leicester. 

30, 

Bates  Worcester  Smith, 

(Jharles  Bates  Dana, 

Worcester. 

30, 

Ethel  Parks  Smith, 

Ktliel  Parks  Dana 

Worcester. 

Dec. 

7, 

Jennie  L.  Olsen,*  .        .        .        . 

Jennie  Christina  Sellergren, . 

Milford. 

21, 

Charles  Henry  Tibbets,*      . 

Fred  Franklin  Taylor,    . 

Holden. 

21, 

Elizabeth  (iogolinski,* 

Elizabeth  Jessee,    .... 

Dudley. 

21. 

William  Gogoliuski,*   . 

William  Jacob  Jessee,    . 

Dudley. 

31, 

Mary  Eliza  Lane,* 

Mary  Eliza  Smith,  .... 

MUford. 

•  Changed  by  reason  of  adoption. 


THE 


CIVIL    GOVERNMENT 


AND    OFFICERS    IMMEDIATELY    CONNECTED    THEREWITH    FOR 
THE    POLITICAL    YEAR 

1898. 


EXECUTIVE    DEPARTMENT. 


HIS  EXCELLENCY 

ROGER    WOLCOTT, 

Governor. 

James  Martix  Perkins Private  Secretary. 

Edward  F.  Hamlin Executive  Secretary. 

HIS  HONOR 

W.    MURRAY    CRANE, 

Lieutenant  Governor. 


COUNCIL— (By  Districts). 

I.  — NATHANIEL  F.  RYDER Middleborough. 

ir.  —  BENJAMIN   S.   LOVELL Weymouth. 

III.  — GEORGE  N.   SWALLOW Boston. 

IV.  — JOHN   H.   SULLIVAN Boston. 

v.  — HORACE   H.   ATHERTON Saugus. 

VI.— ELISHA  H.   SHAW Chelmsford. 

VII.  —  ALLEN   L.   JOSLIN Oxford. 

VIII.  —  WILLIAM   B.  PLUNKETT Adams. 

WILLIAM    M.    OLIN, 

Secretary  of  the  Commonwealth. 
Isaac  H.  Edgett,  1st  Deimty.  Herbert  H.  Boynton,  2d  Deputy. 

EDWARD    P.    SHAW, 

TREASfRER  AND   RECEIVER  GENERAL. 

John  Q.  Adams,  1st  Clerk.  A.  B.  C.  Deming,  2d  Clerk. 

Wendell  P.  Marden,  Cashier. 

JOHN    W.    KIMBALL, 

Auditor  of  Accounts. 
William  D.  Haavley,  1st  Clerk.  James  Pope,  2d  Clerk. 

HOSEA    M.    KNOWLTON, 

Attorney-General. 
Frederick  E   Hurd,  Franklin  T.  Hammond, 

James  Mott  Hallowell,  Arthur  W.  DeGoosu, 

Assistant  Attouneys-Gexeral. 


LEGISLATIVE  DEPARTMENT. 


C4ENERAL    COURT. 

AuuAXGED  IN  Accordance  avith  the  District  Revision  of  1896. 


SENATE 


Preside7it  —  GEORGE   E.   SMITH. 


District. 

Name  of  Senator.                                       Kesidence. 

First  Suffolk, 

Ernest  W.  Roberts, 

Chelsea. 

Second    " 

David  B.  Shaw,*    . 

Boston. 

Third      " 

Daniel  D.  Rourke, 

Boston. 

Fourth    " 

Chai'les  I.  Quirk,  . 

Boston. 

Fifth       " 

William  W.  Towle. 

Boston. 

Sixth       " 

James  A.  Gallivan, 

Boston. 

Seventh  " 

Charles  E.  Folsom, 

Boston. 

Eighth     " 

William  W.  Davis, 

Boston. 

Ninth      " 

Joshua  B.  Holden, 

Boston. 

First  Essex, 

Josiah  C.  Bennett, 

Lynn. 

Second    " 

John  D.  n.  Gauss, 

Salem. 

Third      " 

Charles  0.  Bailey, 

Newbury. 

Fourth     " 

Samuel  W.  George, 

Haverhill. 

Fifth       " 

Joseph  J.  Flynn,   . 

Lawrence. 

First  Middlesex, 

Albert  L.  Ilarw.ood, 

Newton. 

Second       " 

Frederick  W.  Dallingei 

, 

Cambridge. 

Third 

William  H.  Hodgkins, 

Somerville, 

Fourth 

George  E.  Smith, . 

Everett. 

*  Electe 

d  Mai 

ch  29 ;  qua 

if 

led  April  6;  in  place  of  Jamc 

sE.  H 

ayes,  deceased. 

Senate. 


861 


District. 

Name  of  Senator. 

Residence. 

Fifth  Middlesex,     . 

Henry  Parsons,     . 

Marlborough. 

Sixth         "             .        .        , 

William  H.  Brigham,  . 

Hudson. 

Seventh      "             .        .         , 

George  Edson  Putnam, 

Lowell. 

Middlesex  and  FiSsex,     . 

Charles  F.  Woodward, . 

Wakefield. 

First  Worcester,     . 

Ellery  B.  Crane,    . 

Worcester. 

Second       "             .         .         . 

Alfred  S.  Roe, 

Worcester. 

Third         "             .        .        . 

Harding  R.  Barber, 

Athol. 

Fourth        "              .         .         . 

Wilson  H.  Fairbank,     . 

Warren. 

Fifth          "             .        .        . 

William  Henry  Cook,   . 

Milford. 

First  Hampden, 

William  W.  Leach, 

Palmer. 

Second       "             .        .        . 

William  B.  Mahoney,    . 

Westfield. 

Franklin  and  Hampshire, 

Joseph  B.  Farley, . 

Erving. 

Berkshire,        .         .         .         . 

William  A.  Whittlesey, 

Pittsfield. 

Berkshire  and  Hampshire,     . 

Richard  W.  Irwin, 

Northampton. 

First  Norfolk, 

James  H.  Flint, 

Weymouth, 

Second    "                .        .         . 

Fred  Homer  Williams, 

Brookline. 

First  Plymouth, 

W^alter  L.  Bouve,  . 

Hingham. 

Second       "             .         .        . 

Loyed  Ellis  Chamberlain,     . 

Brockton. 

First  Bristol,  .... 

William  R.  Black, 

Taunton. 

Second    "        .         .        .        . 

William  Moran,     . 

Fall  River. 

Third      "       .        .        .        . 

Rufus  A.  Soule,    . 

New  Bedford. 

Cape, 

William  A.  Morse, 

Tisbury. 

HENRY  D.  COOLIDGE, 
EDMUND  DOWSE, 
JOHN  G.  B.  ADAMS,  . 


Clerk, 

Chaplain. 

Sergeant-at-Arms. 


8G2 


House  of  Representatives. 


HOUSE   OF  REPRESENTATIVES. 


Speaker  — JORl^  L.   BATES. 


COUNTY  OF   SUFFOLK. 


Town  or  Ward. 


Name  of  Representative. 


7th, 

8th, 

9th, 

10th, 

11th, 


1st, 

Boston,  Ward 

1, 

2d, 

Boston,  Ward 

2, 

?d, 

Boston,  Ward 

3, 

4th, 

Boston,  Ward 

•t. 

oth. 

Boston,  Ward 

5, 

Cth, 

Boston,  AVard 

6, 

Boston,  Ward  7, 
Boston,  Ward  8, 
Boston,  AVard  9, 
Boston,  AVard  10, 
Boston,  AVard  11, 


John  L.  Bates, 
Hugh  L.  Stalker, 

John  L.  Kelly, 
James  O'Connor, 

T.  Frank  Noonan, 
Peter  F.  Taijue, 


AA^illiam  E.  Mahoney,    . 
Jeremiah  J.  ^IcCarthy, . 

AA'illiam  J.  Miller, . 
Edmund  J.  Twomey, 

Daniel  J.  Kane, 
John  A.  Rowan,     . 

William  T.  A.  Fitzgerald, 
Thomas  Mackey,    . 

Francis  J.  Horgan, 
Daniel  J.  Kiley, 

John  J.  Gartland,  Jr.,    . 
David  A.  ]\Iahoney, 

Charles  S.  Clerks,. 
Charles  H.  Innes,  . 

George  S.  Selfridge,*     . 
Charles  11.  Saunders,     . 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston, 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 


Elected  March  1 ;  qualified  March  9;  in  place  of  Francis  C.  Lowell,  resigned. 


House  of  Representatives. 

COUNTY  OF  SUFFOLK  — Concluded. 


863 


Town  or  Ward. 


Boston,  Ward  12, 
Boston,  AVard  13, 
Boston,  A\'ard  U,       . 
Boston,  Ward  15, 
Boston,  Ward  16, 
Boston,  Ward  17, 
Boston,  Ward  18, 
Boston,  Ward  19,      . 
Boston,  Ward  20,      . 
Boston,  Ward  21,      . 
Boston,  Ward  22,      . 
Boston,  A\'ard  23,      . 
Boston,  Ward  24, 

Boston,  Ward  25, 

Chelsea,  Wards  1,  2, 

Chelsea,  Wards  3,  4, 

^  Chelsea,  Ward  5, 
<  Revere, 
Q  Winthrop, 


Name  of  Representative. 


John  B.  Dumond,  . 
Alfred  S.  Hayes,    . 

Hugh  W.  Bresnahan,     . 
James  B.  Clancy,  . 

John  E.  Baldwin,  . 
David  J.  Gleason,  . 

William  Kells,  Jr , 
John  A.  McxManus, 

Osgood  C.  Blaney, 
Albert  W.  Lyon,    . 

Richard  W.  Garrity, 
George  H.  Norton, 

Thomas  A.  Conroy, 
Michael  E.  Gaddis, 

John  J.  Feneno, 
Oliver  S.  Grant,      . 

Thomas  C.  Bachelder,   . 
Joseph  I.  Stewart, . 

Richard  F.  Andrews,  Jr. 
William  E.  Skillings,     . 

John  Bleiler, . 
Randolph  V.  King, 

Frank  W.  Estey,    . 
Lemuel  W.  Peters, 

Jonathan  B.  L.  Bartlett, 
Edward  B.  Callender,    . 

Frederick  Hammond,    . 
Leonard  W.  Ross,  . 

Melvin  L.  Breath,  . 

Edward  E.  Willard, 


Scott  F.  Bickford, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston, 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Chelsea. 

Chelsea. 


Revere. 


86i 


House  or  RErKESENTATivES. 


COUNTY  OF  ESSEX. 


Town  or  Ward. 


Name  of  Kepresentative. 


1st, 
2cl, 

3cl, 

4th, 
6th, 

6th, 
7th, 

8th, 
9tli, 

10th, 

11th, 

12th, 

13th, 

14th, 

loth, 
16th, 
17th, 


Amesbury, 

(  Merrimac, 

!  Newburyport,  AVard  6, 

1  Salisbury,. 

1^  West  Newbury, 

Haverhill,  Wards  4,  6, 

Haverhill,  Wards  1,  2,  3, 

Haverhill,  Ward  5,  . 

J  Lawrence,  Wards  1,  2, 
(  Methuen,  . 

Lawrence,  W'ds  3, 4, 5, 6, 


^Andover,  , 
^  Middleton, 
Q  North  Andover, 

f  Boxford, 

!  Georgetown, 

j  Groveland, 

[  Haverhill,  Ward  7, 

^Danvers,  . 
)  Peabody,  . 
(^Topsfield, . 

^  Lynn,  Ward  3,  . 
I  Swampscott, 

^  Lynn,  Wards  1,  5,  7 
(  Lynnfield, . 

^  Lynn,  Wards  2,  4, 
}  Nahant, 

^  Lynn,  AVard  6,  . 
I  Saugus,     . 

Mai'blehead, 

Salem,  AA^ards  1,  2, 

Salem,  AVards  3,  5, 


Daniel  W.  Davis,  . 

Benjamin  F.  Stanley, 

Carleton  F.  How,  . 

George  H.  Carleton, 

George  H.  Bartlett, 

(leorge  G.  Frederick, 
George  B.  Smart,  . 

Richard  Cullinane, 
Joseph  H.  Joubert, 
Cornelius  F.  Sullivan, 

Albert  Poor,  . 
Edward  H.  Hoyt,   . 


Addison  P  Learoyd, 
Abelard  E.  Wells, 

James  F.  Seavey,  . 
Robert  S.  Sisson,    . 

Charles  O  Beede,  . 
AVilliam  H.  Severance, 

Henry  C.  Attwlll,  . 
Charles  H.  Ramsdell, 

Frank  P  Bennett,  . 
George  F.  Harwood, 

AA^illiam  Bridgeo,  . 

AAllliam  D  Chappie, 

J.  Frank  Dal  ton,    . 


Amesbury. 

Newburyport. 

Haverhill. 

Haverhill. 

Haverhill. 

Methuen. 
Lawrence. 

Lawrence. 
Lawrence. 
Lawrence. 

Andover. 
Haverhill. 


Danvers. 
Peabody. 

Lynn. 
Lynn. 

Lynn. 
Lynn. 

Lynn. 
Lynn. 

Saugus. 
Lynn. 

Marblehead. 

Salem. 

Salem. 


House  of  Representatives. 

COUNTY  OF  ESSEX  — Concluded. 


865 


District, 

Town  or  Ward. 

Name  of  Eepresentative. 

Residence. 

18th, 

Salem,  Wards  4,  6,   . 

Charles  E  Trow,  . 

Salem 

19th, 

f  Beverly,    . 
j  Essex, 

J  Gloucester,  Ward  8,. 
}  Hamilton, .        . 
Manchester, 
^  Wenham,  . 

1 

1 

1 
> 

) 

Samuel  Cole, . 
Harry  C.  Foster,     . 

Beverly. 
Gloucester. 

20th, 

'\  Gloucester,  Wards  1,  3, 
^5,6, 

i 

John  Favor,   . 
Harvey  C  Smith,  . 

Gloucester. 
Gloucester. 

21st, 

^  Gloucester,  Wards  2,  7 
I  Rock  port,  . 

\ 

Leander  M  Haskins,      . 

Rockport. 

22d, 

'  Ipswich,     . 

Newbury, . 

-(  Newburyport,  Wards 

1      2,  3,  4,  5, 

\_  Rowley,     . 

) 

Warren  Boynton,  . 
Charles  P.  Mills,    . 

Ipswich. 
Newburyport. 

COUNTY  OF  MIDDLESEX. 


1st, 

2d, 

3d, 

4th, 

5th, 
6th, 

7th, 

8th, 
9th, 

10th, 


Cambridge,  Ward  1, 

Cambridge,  W^ard  2, 

Cambridge,  Ward  3, 

Cambridge,  Ward  4, 

Cambridge,  Ward  5, 
Somerville,  Ward  1, 

Soraerville,  Wards  2,  4, 

Somerville,  Ward  3, 
Medford,  Wards  1,2,4,5, 

Everett,     . 


James  J.  Myers,     . 

William  R.  Davis, . 
James  A.  Montgomer)^ 

John  H.  Ponce, 

Daniel  S.  Coolidge, 
Charles  P.  Keith,   . 

Albert  S.  Apsey,     . 

Horace  C.  White,  . 

Franklin  E.  Huntress, 
Melville  D.  Jones, 
Franklin  F.  Phillips, 

Leonard  B.  Chandler, 

J  Gilman  Waite,  . 

Amos  E.  Hall, 

H.  Heustis  Newton, 


Cambridge. 

Cambridge 
Cambridge. 

Cambridge. 

Cambridge 
Cambridge. 

Cambridge. 

Somerville. 

Somerville. 
Somerville. 
Somerville. 

Somerville. 

Medford. 

Everett. 
Everett. 


866  House  of  Representatives. 

COUNTY  OF  MIDDLESEX  — Continued. 


Town  or  Ward. 


Name  of  Representative. 


nth, 

12th, 
13th, 

Uth, 
15th, 

16th, 

17th, 
18th, 
19th, 
20th, 
21st, 

22d, 
23d, 


Maiden, 


Medford,  Wards  3, 6, 
Winchester, 

Arlington, 
Lexington, 

Belmont,   . 
Watertown, 

Waltham, . 


Newton,    . 

f  Bedford,  . 

1  Concord,  . 

;  Lincoln,  . 

1^  Weston,  . 

Natick, 

f  Ashland,  , 
j  Holliston,  . 
1  Hopkinton, 
l^  Sherborn, . 

Framingham, 

^  Marlborough, 
<  Sudbury,  . 
(^Wayland,  . 

f  Boxborough, 


Hudson, 


i  Maynard, 
[  Stow,    . 

(  Acton, 

<  Littleton, 
1  Shirley, 
\_  Westford, 


Harvey  L.  Bout  well, 
Charles  L.  Dean,    . 
John  A.  Powers,     . 

John  F.  Libby, 
George  F.  Mead,    . 

Fred  E.  Crawford, 

Otis  M.  Gove, 

George  W.  Whidden,     . 

Albert  F.  Hay  ward, 
Edward  L.  Pickard, 

Charles  E.  Bi'own, 

Francis  C.  Perry,   . 

Zephaniah  Talbot, 

Charles  Dudley  Lewis,  . 

George  Balcom,     . 
William  L.  Morse, 

Rufus  Howe,  . 
Frank  H.  Whitcomb, 


Maiden. 
Maiden. 
Maiden. 

Medford. 
Lexington. 

Watertown. 

Waltham. 
Waltham. 

Newton. 
Newton. 

Concord. 

Natick. 

Holliston. 

Framingham. 

Marlborough. 
Marlborough. 

Hudson. 


Acton. 


House  of  Representatives.  867 

COUNTY  OF  MIDDLESEX  — Concluded. 


Town  or  Ward. 


Name  of  Representative. 


f  Ashby, 
,'  Groton, 


Pepperell, 


l^  Townsend, 

(  Chelmsford, 

J  Dunstable, 

j  Lowell,  Wards  4,  7,  8, 

(^  Tyngsborough, 

Lowell,  Wards  1,  2,  3,  6, 


( Billerica,    . 

I  Burlington, 

I  Carlisle, 

J  Dracut, 

1  Lowell.  Wards  5 

North  Reading, 

Tewksbury, 
^  Wilmington, 


9, 


Reading,    . 
Wobum,    . 

Wakefield, 

Stoneham, . 

Melrose,     . 


George  L.  Whitcomb, 


Wm.  H.  I.  Hayes,  . 
Wm.  A.  Lang, 
James  P.  Ramsay, 

Henry  J  Draper,  . 
Joseph  E.  Pattee,  . 
Edward  T.  Rowell, 


Butler  Ames, . 
Frank  H.  Farmer, 


James  AVilson  Grimes, 
Alva  S.  Wood, 

Charles  A.  Dean,   . 

William  H.  Marden, 

George  R.  Jones,   . 


Townsend. 


Lowell. 
Lowell. 
Lowell. 

Lowell. 
Lowell. 
Lowell. 


Lowell. 
Tewksbury. 


Reading. 
Wobum. 

Wakefield. 

Stoneham. 

Melrose. 


COUNTY  OF  WORCESTER. 


(Athol, 

.        ) 

1st, 

<  Phillipston, 
(^  Royalston, . 

( Ashburnham,     . 

.       1 

Oscar  T.  Brooks,    . 

Athol. 

2d, 

\  Gardner,     . 
;  Templeton, 

1 

;  1 

Francis  Leland, 

Templeton. 

Levi  G.  McKnight, 

Gardner. 

(^  Winchendon, 

(  Barre, 

'v 

1  Dana, 

3d, 

1  Hardwick, 

;  Hubbardston,     . 

Petersham, 
[  Westminster, 

I 

Austin  F.  Adams,  . 

Barre. 

'' 

868  House  of  Representatives. 

COUNTY  OF  WORCESTER  — Continued. 


District                         Town  or  WarU. 

Name  of  Representative. 

Residence. 

4th, 

fHolden,      ..." 
New  Braintree, . 

.  North  Brookfield,      .         ! 

j  Oakham,    .         .         .         j 
Princeton,  .        .        .         | 
Rutland,     .        .        .        j 

f  Brookfield,         .        .        ^ 

Charles  E.  Parker, 

Holden, 

5th, 

1  Sturbridge,       - .        .         I 
j  Warren,      .         .         .         j 
[  West  Brookfield,        .        j 

Henry  V.  Crosby,  . 

Brookfield. 

6th, 

(■Leicester,  .        .        .        ") 
}  Paxton,      .        .        .         > 
(_  Spencer,     .        .        .        ) 

f  Charlton,    .        .        .        ") 

Jerome  Bottomley, 

Leicester. 

7th, 

1  Dudley,      .        .         .         j 
<;  Oxford,      .        .        .         [. 
1  Southbridge,      .        .         | 
(^Webster,    .         .        .        j 

f  Auburn,     .        .        .        "l 

Albert  F.  Hiscox,  . 
Andrew  R.  Snow,  . 

Dudley. 
Webster. 

8th, 

j  Douglas,     .        .        .         ! 
]  Mill  bury,   .         .        .          ' 
[  Sutton,        .        .        .        , 

'Blackstone,        .        .        ) 

Thomas  H.  Meek,  . 

Douglas. 

9th, 

(Traflon.      .         .         .         | 
{  Northbridge,      .         .         } 

Shrewsbury, 
^Uxbridge,  .        .        .        , 

Romeo  E.  Allen,    . 
Arthur  R.  Taft,       . 

Shrewsbury'. 
Uxbridge. 

10th, 

fHopedale,  .        .        .        '] 

1  Mendon,     .        .        .         j 

<;  Milford,      .        .        .         j. 

Upton,         .         .         .         j 

Westborough,    .         .        j 

Walter  S.  V.  Cooke, 
Appleton  P.  Williams,  . 

Milford. 
Upton. 

11th, 

f  Berlin.        .         .         .        "\ 

Boylston,    . 

Clinton, 
■{  Nortliborough,  .         .         ^ 

South  borough,    . 

Sterling,     . 
1^  West  Boylston,  .         .        ) 

Asa  B.  Fay,     . 
Walter  F.  Howard, 

Northborough. 
Clinton. 

12th, 

'  Bolton,        .         .         .        ' 
Fitchburg,  Ward  6,   . 

<  Harvard,    .         .         .         \ 
Lancaster.  . 
Lunenburg, 

Harold  Parker, 

Lancaster, 

House  of  Repkesentativbs.  869 

COUNTY  OF  WORCESTER— CovcLUDED. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Kesidence. 

13th, 

5  Fitchburg,  Wards  1, 
^4,5, 

2,3,  f 

Albert  II.  Burgess, 
Francis  F.  Farrar, . 

Fitchburg. 
Fitchburg. 

Uth, 

Leominster, 

Alexander  S.  Paton, 

Leominster. 

loth, 

Worcester,  Ward  1, 

George  M.  Rice,     . 

Worcester. 

16th, 

Worcester,  Ward  2, 

Moses  D.  Gilman,  . 

Worcester. 

17th, 

Worcester,  Ward  3, 

William  I  McLoughlin, 

Worcester. 

18th, 

Worcester,  Ward  4, 

Michael  L.  Russell, 

Worcester. 

19th, 

ANorcester,  Ward  5, 

James  F.  Carberry, 

Worcester. 

20th, 

A\'orcester,  Ward  6, 

George  Vi.  Coombs, 

Worcester. 

21st, 

AVorcester,  Ward  7, 

Charles  R.  Johnson, 

Worcester. 

22d, 

Worcester,  Ward  8, 

Charles  G.  Washburn,  . 

Worcester. 

COUNTY 

OF  HAMPSHIRE. 

1st, 

f  Goshen, 

Hadlev.       . 
.  Hatfield,     . 
;  Northampton,    . 

Westhampton,   . 
(Williamsburg,  . 

'  Chesterfield. 
Cummington,     . 
Easthampton,     . 

1 
i 

) 

Charles  S.  Crouch, 
John  W.  Hill, 

Northampton. 
Williamsburg. 

2d, 

!  Huntington, 
'  Middlefield, 

Plainfield.  . 

Southampton,     . 
(^  Worthington,     . 

( Amherst,    . 

1 

] 

Horatio  Bisbee, 

Chesterfield. 

3d, 

J  (iranby, 

;  South  Hadley,   . 

(Pelham,      . 

Henry  E.  Gaylord, 

South  Hadley. 

4th, 

f  Belchertown, 
Enfield       . 

\  GrecuAvich, 
I'rescott,     . 
Ware, 

] 
\ 

) 

William  N.  Newcomb,  . 

Ware. 

870 


House  of  Representatives. 


COUNTY   OF   HAMPDEN. 


Town  or  Ward. 


Name  of  Representative. 


1st, 


2d, 


CBrimfiold, 
I  Holland, 
<{  MoiLson, 
I  Palmer, 
[  Wales, 


I'Agawam,  . 

East  Longmeadow, 

Granville,  . 

Hampden,  . 
■{  Longmeadow, 

Ludlow, 

South  wick, 

Tolland.  . 
l^  Wilbraham, 


Thomas  W.  Kenefick, 


Arthur  1).  King, 


3d, 

4th, 
5th, 
6th, 

7th, 
8th, 

9th, 


•1 


Springfield,  Wards  1 , 2, 8 


Springfield,  Wards  3, 4, 5, 


Springfield,  Wards  6,  7,    . 


3  Chieopee,  Wards  1,  2,  3, 
}      4,0,6,     . 


C  Chieopee,  Ward  7,  .  ") 
)  Holyoke,  Wards  1,  2,  3,  } 
(4,5,         .        .        .        ) 

Holyoke,  Wards  6,  7, 


'Blandford, . 
Chester, 
.  Montgomery,     . 
I  Russell. 

!  West  Springfield, 
l^Westfield,  . 


George  F.  Fuller,  . 
Willmore  B  Stone, 


Henry  H.  Bosworth, 
Albert  T.  Folsom,  . 


Charles  E.  Hoag, 


Daniel  J.  Driscoll,  2d, 


Thomas  J  Dooling, 
John  F.  Sheehan,  . 


Ash  ton  E.  Hemphill, 


S.  Augustus  Allen, 
Andrew  Campbell, 


Palmer. 


Ludlow. 


Springfield. 
Springfield. 


Springfield. 
Springfield. 


Springfield. 
Chieopee. 


Holyoke. 
Holyoke. 


Holyoke. 


Westfield. 
VVestfield. 


House  of  Representatives. 


871 


COUNTY  OF   FRANKLIN. 


Town  or  Ward. 


Name  of  Kepreseutative. 


f  Ashfield, 

Biu'kland, 

Charlciuont, 

Colrain, 
j  Conway, 

Ilawley, 

Heath. 

Monroe, 

Rowe, 
^  Shelburne, 

f  Bernardston 
I  Gill,    . 
I  (ireenfield, 
(^  Ley  den, 

(  Deerfield, 

Leverett, 

J  Monta(2:ue, 

I  Sunderland 

Wendell, 

Whately, 

f  Er\dng, 

I  New  Salem, 

J  Northfield, 

Orange, 

Shutesbury, 
^  Warwick,  . 


George  E.  Bemis, 


Herbert  C.  Parsons, 


Benjamin  W.  Mayo, 


Marcus  M.  Stebbins, 


Charlemont. 


Greenfield. 


Montagfue. 


Ervino;. 


COUNTY   OF   BERKSHIRE. 


1st, 

^  Clarksburg, 

}  North  Adams,    . 

John  E.  Magenis,  . 
Frank  S.  Richardson,     . 

North  Adams. 
North  Adams. 

2d, 

fDalton,       .        .        .        \ 
\  Hancock,    ... 
■{  Lanesborough,  .         .         ]■ 
New  Ashford,    .         .         j 
[  Williamstown,  .        .        ) 

Almon  E.  Hall, 

Williamstown. 

3d, 

f  Adams,       .        .         .        ^ 

Cheshire,    . 
^  Florida,      .         .         .         [> 
1  Savoy,        ...         1 
l^  Windsor,    ...        J 

Julius  C.  Anthony, 

Adams. 

872  House  of  Representatives. 

COUNTY  OF   BERKSHIRE— Concluded. 


District 


Town  or  Ward. 


Name  of  Representative. 


4th, 


5th, 


6th, 


7th, 


Pittsfield,  . 

(  Becket, 

Hinsdale,   . 
I  Lenox, 
^  Peru,  . 

Richmond, 
I  Washington, 
1^  West  Stockbridge, 

TLee,    . 

j  New  Marlborough, 

!  Otis,   . 

j  Sandisfield, 

I  Stockbridge, 

l^Tyringham, 

Alford, 
Egremont, 
Great  Barrington, 
Monterey,  . 
Mount  Washington, 
t  Sheffield,    . 


Daniel  England,     . 
John  M.  Stevenson, 


Luke  J.  Macken, 


Pittsfield. 
Pittsfield. 


Hinsdale. 


William  A.  Nettleton,    .  i  Stockbridire. 


George  W.  Mellen, 


Gt.  Barrington. 


COUNTY 

OF  NORFOLK. 

1st, 

^Dedham,    .         .         .        ^ 
<  Norwood,  .         .        .         > 
(^Westwood,         .        .        ) 

Francis  0.  Winslow, 

Norwood. 

2d, 

Brookline, .... 

James  M.  Codman,  Jr., . 

Brookline. 

3d, 

Hyde  Park, 

Samuel  A.  Tuttle,  . 

Hyde  Park. 

4th, 

^  Canton,       ,         .         .         ) 
I  Milton,        .         .         .         \ 

Frederic  P.  Drake, 

Canton. 

5th, 

Quincy,        .        .        .         ^ 

Thaddeus  H.  Newcomb, 
James  Thompson, . 

Quincy. 
Quincy. 

6th, 

\  Braintree 

}  Weymouth, 

Martin  E.  Hawes,  . 
Edward  B.  Nevin,  . 

We^^mouth. 
Weymouth. 

7th, 

("Avon,         .        .        .        ~) 
}  Hoi  brook,  ...         J. 
(,  Randolph,  .        .        .        j 

Henry  A.  Belcher, 

Randolph. 

House  of  Representatives. 


873 


COUNTY   OF  NORFOLK  —  Concluded. 


District.                        Town  or  Ward. 

i 

Name  of  Representative. 

Residence. 

8th, 

^Sharon,      .         .         .         ^ 
<  Stoughton,         .         .          > 
(Walpole,  .         .         .         ) 

William  Curtis, 

Stoughton. 

9th, 

f  Dover,       .        .        .         ^ 

Medfield,  . 
<;  Millis,       .        .        .          !> 
1  Needham, . 
l^Wellesley,         .        .         J 

Albert  Clarke, 

Wellesley. 

10th, 

f  Bellingham, 

j  Foxborough,     . 

1  Franklin,  .... 

j  Medway,  .        .         .          ( 

1  Norfolk,    . 

l^  Wrentham,        .         .         j 

Elbridge  J  Whitaker,   . 

George     Fenelon    AVil- 

liams,  .... 

AVrentham. 
Foxborough. 

COUNTY 

OF  PLYMOUTH. 

1st, 

^  Kingston,  .        .        .          ) 
( Plymouth,          .         .          \ 

William  S.  Kyle,    . 

Plymouth. 

2d, 

'Duxbiiry,  .         .         .         ") 
Marshtield, 
<  Norwell,    .         .         .          ^ 
Pembroke, 
Scituate,    .        .        .         , 

William  A.  Josselyn,     . 

Pembroke. 

3d, 

^Cohasset,  .         .         .         ^ 
\  Hingham, .         .         .          > 
(.Hull ) 

Edward  E.  Wentworth, 

Cohasset. 

4th. 

^  Hanover,  .         ,         .         "^ 
<?  Hanson,     .         .        .          > 
(Kockland,.         .        .         ) 

Eben  C.  Waterman, 

Hanover. 

5th, 

^  Abington, .         .         .          f 
(  Whitman, .         .         .          ^ 

'Carver,      ..." 
Lake\nlle, . 

Franklin  P.  Ilarlow, 

Whitman. 

6th, 

j  Marion.      ...          ! 
1  Mattapoisett,     .         .          [ 
j  Rochester,          .         .          | 
1^  Wareham,         .        .         j 

Nathaniel  G.  Staples,     . 

Lakeville. 

7th. 

(Halifax,     .        .         .         "^ 
)  Middleborough,         .          > 
(^Plympton,          .         .         ) 

David  G.  Pratt,       . 

1 

Middleborough. 

874 


House  of  Represe:n'tatives. 

COUNTY  OF   PLYMOUTH  — Concluded. 


Tdwn  or  Ward. 


i  ^  Bridge  water,     . 
8th,  !  <  East  Bridgewater,    . 
j  (_West  Bridgewater,  . 

9th,       Brockton,  Wards  3,  4, 
10th,       Brockton,  Wards  1,  2,5, 
11th,       Brockton,  Wards  6,  7, 


Name  of  Representative. 


Thomas  W.  Crocker, 


Eugene  B.  Estes, 

Charles  W.  Tilton, 
John  J.  Whipple, 

David  W.  Battles, 


Bridofewater. 


Brockton. 

Brockton. 
Brockton. 

Brockton. 


COUNTY  OF  BRISTOL. 


1st, 

2d, 

3d, 
4th, 

oth, 

6th, 

7th, 

8th, 

9th, 

10th, 


f  Attleborough,   . 

North  Attleborough, 

Norton, 

Rehoboth, . 
i^Seekonk,   . 

("Easton, 
}  Mansfield, 
(^Raynham,. 

Taunton,  Wards  5,  7,  8, 

Taunton,  Wards  2,  3,  4, 

^Berkley.  . 
<  Dighton,  . 
(^Taunton,  Wards  1,  6, 

(  Acushnet,  . 
!  Dartmouth, 
I  Fairhaven, 
1^  Freetown,. 

3  New  Bedford,  Wards 
I      1,  2,  8,    . 

^  New  Bedford,  Wards         ? 
^     4,5, 6,    .        .        .         S 

^Fall  River,  Wards  1,  2,      ? 
JWestport.  .         .        .         ^ 

Fall  River,  Wards  3,  4,  5,  J 


Alfred  R.  Crosby,  . 
Burrill  Porter,  Jr., 


Frank  W  Barnard, 

Eugene  E  Donovan, 
Silas  D.  Reed, 

Joseph  M.  Philbrick, 
John  O.  Slocum,     . 


Thomas  M.  Denham, 
Samuel  Ross, . 

William  J.  Bullock, 
Frank  W.  Francis, 

John  W.  Connelly, 
.Fames  Whitehead, 

Thomas  Donahue, . 
Michael  B.  Jones,  . 


Attleborough. 
N.  Attleborough. 


Mansfield. 

Taunton. 
Taunton. 

Taunton. 
Dartmouth. 


New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 


House  of  Representatives. 

COUNTY  OF  BRISTOL— Concluded. 


87^ 


1 
District.                        Town  or  Ward. 

Xame  of  Representative. 

Residence. 

1 

r  Fall  River, W'rds  6, 7, 8, 9, ) 

11th.    }  Somerset,  .         .         .          > 

(^  Swauzey,  .         .         .         ) 

Hugo  A.  Dubuque, 
Alexander  Lockhart, 
Andrew  H.  Morrison,     . 

Fall  River. 
Fall  River. 
Fall  River. 

COUNTY  OF  BARNSTABLE. 


(  Barnstable, 

1 

1  Bourne, 

1 

1st. 

^  Falmouth, 

:    [ 

Seba  A  Holton, 

Falmouth. 

1  Mashpee,  . 

^_  Sandwich, 

•        J 

(  Chatham,  . 

1 

2d, 

j  Dennis. 
"l  Harwich.  . 
(^  Yarmouth, 

(  Brewster,  . 
1  Eastham,  . 

• 

i 

Luther  Hall,  . 

■ 

Dennis. 

.^d. 

1  Orleans.     . 

1  Provincetown,  . 

1  Truro. 

i 

Thomas  D.  Sears,  . 

Brewster. 

1^  Wellfleet,  . 

•     J 

COUNTY  OF  DUKES  COUNTY. 


1st, 


f  Chilmark, . 
I  Cottage  City, 
I  Edgartown, 
.;  Gay  Head, 
I  Gosnold,  . 
I  Tisbur}-.  . 
l^West  Tisbury, 


}. '  William  S.  Swift, 


Tisbury. 


COUNTY  OF   NANTUCKET. 


1st, 


Nantucket, 


Rollin  M.  Allen, 


Nantucket. 


JAMES  W.  KIMBALL,  . 
DANIEL  \\.  WALDRON,  . 
JOHN  C;.  B.  ADAMS, 


Clerk. 

Chaplain. 

Sergeant-at-Arms. 


876 


Judicial  Departmext. 


JUDICIAL  DEPARTMENT. 


SUPREME   JUDICIAL  COURT. 
CHIEF   JUSTICE. 

WALBRIDGE  A.  FIELD, of  Boston. 

ASSOCIATE   JUSTICES. 

CHARLES  ALLEN of  Boston. 

OLIVER  WENDELL  HOLMES, of  Boston. 

MARCUS  P.  KNOWLTON, of  Springfield. 

JAMES  M.  MORTON, of  Fall  Biver. 

JOHN  LATHROP of  Boston. 

JAMES  MADISON  BARKER, of  PUtsfeld. 


ALBERT  MASON, 


SUPERIOR   COURT, 
CHIEF   JUSTICE. 


of  Brookline. 


ASSOCIATE   JUSTICES. 

CALEB  BLODGETT,    . 
JOHN  W.  HAMMOND, 
JUSTIN  DEWEY, 
EDGAR  J.  SHERMAN, 
ROBERT  R.  BISHOP, 
DANIEL  AV.  BOND, 
HENRY  K.  BRALEY, 
JOHN  HOPKINS, 
ELISHA  BURR  MAYNARD, 
FRANKLIN  G.  FESSENDEN, 
JAMES  B.  RICHARDSON, 
CHARLES  S    LILLEY, 
HENRY  N.  SHELDON, 
FRANCIS  A.  GASKILL, 
JOHN  H.  HARDY,       . 
HENRY  WARDWELL, 
WILLIAM  B.  STEVENS, 


of  Boston, 
of  Cambridge, 
of  Springfield, 
of  Lawrence, 
of  Neivton. 
of  Waltham. 
of  Fall  Biver. 
of  Millbnri), 
of  Springfield, 
of  Oreenfeld. 
of  Boston, 
of  Lowell, 
of  Boston, 
of  Worcester, 
of  Arlington, 
of  Salem, 
of  Stoncham. 


Judicial  Depaktment. 


877 


JUDGES  OF  PROBATE   AND 
JOHN  W.  iMcKIM,  Boston,       . 
ROBERT  GRANT,  Boston,       . 
ROLLIN  E.  HARMON,  Lynn, 
CHARLES  J.  McINTIRE,  Cambridge,   . 
GEORGE  FIELD  LAWTON,  Lowell,      . 
WH.LIAM  T.  FORBES,  Westborough,   . 
WH.LIAM  G.  BASSETT,  Northampton, 
CHARLES  L.  LONG,  Springfield,   . 
CHESTER  C.  CONANT,  Greenfield,       . 
EDWARD  T.  SLOCUM,  Pittsfield,  . 
GEORGE  WHITE,  Newton,     . 
BENJAMIN  W.  HARRIS,  East  Bridgewater, 
WILLIAM  E.  FULLER,  Taunton,   . 
HIRAM  P.  HARRIMAN,  Wellfleet, 
CHARLES  G.  M.  DUNHAM,  Edgartown, 
THADDEUS  C.  DEFRIEZ,  Nantucket,   . 


INSOLVENCY. 

.  Suffolk. 

.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Middlesex. 

.  Worcester. 

.  HaMI'SIIIRE. 

.  Hampden. 

.  Franklin. 

,  Berkshire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

,  Barnstable. 

.  Dukes. 

.  Nantucket. 


REGISTERS  OP  PROBATE 

ELIJAH  GEORGE,  Boston,      . 
JEREMIAH  T.  MAHONEY,  Salem, 
SAMUEL  H.  FOLSOM,  Winchester, 
GEORGE  H.  HARLOW,  Worcester, 
HUBBARD  M.  ABBOTT,  Northampton, 
SAMUEL  B.  SPOONER,  Springfield, 
FRANCIS  M.  THOMPSON,  Greenfield, 
FRED.  R.  SHAW,  Adams, 
JONATHAN  COBB,  Dedham, . 
JOHN  C.  SULLIVAN,  Middleborough, 
ARTHUR  M.  ALGER,  Taunton,      . 
FREEMAN  II.  LOTHROP,  Barnstable, 
BERIAH  T.  HILLMAN,  Edgartown, 
HENRY  RIDDELL,  Nantucket, 


AND   INSOLVENCY. 

.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


DISTRICT  ATTORNEYS. 

OLIVER  STEVENS.  Boston, Suffolk. 

FRED  N.  WIER,  Lowell Northern. 

ALDEN  P.  WHITE,  Dan  vers Eastern. 

ROBERT  O.  HARRIS.  East  Bridgewater,      ....  Southeastern. 

ANDREW  J.  JENNINGS,  Fall  River, Southern. 

HERBERT  PARKER,  Lancaster Middle. 

CHARLES  L.  GARDNER.  Palmer Western. 

JOHN  C.  HAMMOND,  Northampton, Northwestern. 


878 


Judicial  Department. 


SHERIFFS. 
JOHN  B.  O'BRIEN,  Boston,     . 
SAMUEL  A.  JOHNSON,  Salem,     . 
HENRY  G.  GUSHING,  Lowell,       . 
ROBERT  II.  CHAMBERLAIN,  Worcester, 
JAIRUS  E.  CLARK,  Northampton, 
EMBURY  P.  CLARK,  Springfield,  . 
ISAAC  CHENERY,  Montague, 
CHARLES  W.  FULLER,  North  Adams, . 
AUGUSTUS  B.  ENDICOTT,  Dedham.    . 
ALPHEUS  K.  HARMON,  Plymouth, 
EDWIN  H.  EVANS,  Taunton, 
EBEN  B.  CROCKER,  Barnstable,   . 
JASON  L.  DEXTER,  Edgartown,   . 
JOSIAH  F.  BARRETT,  Nantucket, 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hami'shike. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


CLERKS  OF   COURTS. 

HENRY  A.  CLAPP,  Boston,  Clerk  of  the  Supreme  Judicial 

monwealth. 
JOHN  NOBLE,  Boston,  Supreme  Judicial  Court,   . 
JOSEPH  A   WILLARD,  Boston,  Sup.  Ct.,  Civil  Bus., 
JOHN  P.  MANNING,  Boston,  Sup.  Ct.,  Crim.  Bus., 
EDWARD  B.  GEORGE,  Haverhill, 
THEODORE  C.  IIURD,  Winchester, 
THEODORE  S.  JOHNSON,  Worcester, 
WILLIAI^I  H.  CLAPP,  Northampton, 
ROBERT  O.  MORRIS,  Springfield, 
CLIFTON  L.  FIELD,  Greenfield,     . 
FRANK  H.  CANDE,  Pittsfield, 
LOUIS  A.  COOK,  AVeymouth, . 
EDWARD  E.  HOB  ART,  Plymouth, 
SIMEON  BORDEN,  Fall  River,      . 
S.AHTII  K.  HOPKINS,  Barnstable, . 
SAMUEL  KENISTON,  Edgartown, 
JOSIAII  F.  MURPHEY,  Nantucket, 


Court  for  the  Cora- 

SUFFOLK. 

>  Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


Members  of  Congress. 


879 


MEMBEKS  OF  THE  FIFTY-FIFTH  CONGEESS. 


[Congressional  Districts  established  by  Chap.  396,  Acts  of  1891,  and  Chap.  519,  Acts  of  1896.] 


Senators. 


GEORGE  F.  HOAR,     . 
HENRY  CABOT  LODGE, 


of  Worcester, 
of  Nahant. 


Representatives. 
District  I.  — GEORGE  P.  LAWRENCE, 
IL  — FREDERICK  H.  GILLETT, 
in. -JOSEPH  H    WALKER,       . 
IV.  — GEORGE  W.  WEYMOUTH, 
v.  — WILLIAM  S.  KNOX,. 
VI.  — WILLIAM  H.  MOODY, 
VII.  —  WILLIAJVI  E.  BARRETT, 
VIII.  —  SAMUEL  W.  McCALL, 
IX.  — JOHN  F.  FITZGERALD, 
X.  — SAMUEL  J.  BARROWS, 
XL  — CHARLES  F.  SPRAGUE, 
XII— WILLIAM  C.  LOVERING, 
XIII.  — WILLIAM  S.  GREENE,     . 


of  North  Adams. 
of  Siiringfield. 
of  Worcester. 
of  Fitchburg. 
of  Lawrence, 
of  Haverhill, 
of  Melrose. 
of  Winchester, 
of  Boston, 
of  Boston, 
of  Brookline. 
of  Taunton, 
of  Fall  River. 


APPENDIX. 


The  following  tables  have  been  prepared  by  Fisher  Ames,  Esq., 
appointed  to  that  duty  under  Chapter  238  of  the  Acts  of  1882, 
which  directs  the  Governor  to  appoint  some  person  to  prepare 
' '  tables  showing  what  general  statutes  have  been  affected  by  sub- 
sequent legislation,  in  such  manner  as  to  furnish  ready  reference  to 
all  changes  in  such  statutes." 


TABLES 


SHOWING 


WHAT    GENERAL    STATUTES    OF    THE    COMMONWEALTH 

HAVE    BEEN    AFFECTED    BY    SUBSEQUENT 

LEGISLATION. 


I. 

CHANGES  IK   THE   "PUBLIC   STATUTES." 


Chapter  1.  — Of  the  Jurisdiction  of  the  Commonwealth  and  Places 
ceded  to  the  United  States. 

Sect.  1.  Provision  is  made  for  defining  tlie  boundary  line  between 
Massachusetts  and  other  states.  Connecticut,  —  Res.  1898,  39.  Rhode 
Island,  —  St.  1883,  113,  154.  Res.  1897,  88  ;  1898,  7.  New  Hampshire,— 
Res.  1885,  73;  1886,  58;  1890,  73;  1891,  70;  1895,  106.  New  Hampshire 
and  Vermont,  — Res.  1893,  87.  New  York, —Res.  1897,  25;  1898,  6. 
For  renewal  of  monuments  marking  boundary  lines.     St.  1898,  299. 

Sect.  3.  A  part  of  Gallop's  island  in  Boston  Harbor  is  added.  St. 
1889,27.  And  certain  lands  in  Winthrop.  1891,81.  In  Taunton.  1891, 
197.     And  part  of  Peddock's  island.     1897,  240. 

Sect.  4.  Lands  for  the  use  of  the  United  States  fisheries  commission 
added.     St.  1882,  131.     (See  1892,  43.)     And  land  in  Hull.     1898,  512. 

Provision  for  Commonwealth  reclaiming  and  improving  waste  lands  with 
labor  of  certain  convicts.     St.  1898,  393. 

Chapter  2.  —Of  the  General  Court. 

Legislation  recommended  by  State  boards,  etc.,  shall  be  reported  to  the 
secretary  of  the  Commonwealth  before  first  Wednesday  in  January.  St. 
1893,  144. 

The  em])loyment  of  legislative  counsel  and  agents  is  regulated  and  pro- 
vision made  for  returns  of  expenses  therefor.  St.  1890,  456;  1891,  223; 
1895,  410;   1896,  342.      (See  1891,  349;  1894,  298.) 


884  Cha]S"g-es  in-  the  [Chaps.  3, 4. 

Stenographic  reports  of  committee  hearings  shall  be  deposited  iu  State 
library,  on  or  before  end  of  session.     St.  1897,  113. 

Sects.   1-4.     See  St.  1898,  548  §  257. 

Sect.  5  et  seq.  Manner  of  publishing  notice  and  presenting  petitions 
changed  iu  certain  cases.  St.  1885,  24;  1890,  302;  1896,  381.  (See 
1885,  371 ;   1888,  375  §  3.) 

Advertisement  of  committee  hearings  regulated.  St.  1898,  76.  (See 
1885,  371;   1897,  503.) 

Sects.  15,  16.  Compensation  of  members  changed.  The  issuing  to  or 
acceptance  by  them  of  railroad  tickets  free,  or  at  less  than  usual  rates,  is 
forbidden.     St.  1892,  59.     (See  1884,  319  ;   1886,  352 ;   1894,  359.) 

Sects.  17,  18.  Compensation  of  door-keepers,  messengers,  postmaster 
and  pages  fixed.  St.  1895,  193.  (See  1882,  257;  1887,  116;  1895,  11. 
Res.  1894,  86.) 

Sects.  21,  22.  Clerks'  salaries  fixed  and  allowance  made  for  clerical 
assistance.     St.  1884,  329,  334 ;   1888,  1 ;   1894,  394.     (See  1882,  257.) 

Sects.  24,  35  repealed.     St.  1884,  60. 

Sect.  27.  Number  of  door-keepers,  etc.,  increased.  St.  1882,  257  §  4  ; 
1895,  11. 

Sect.  28.     See  1889,  150,  440  §§  9,  14;   1894,  393  §  9. 

Sect.  32.     See  St.  1888,  436  §  14;   1892,  124;   1893,  417  §§   137,  148. 

Sect.  34.  Additional  holidays.  St.  1882,  49;  1887,  263.  Fast  Day 
abolished  and  April  19  made  a  holiday.     St.  1894,  130;   1896,  162. 

Chapter  3.  — Of  the  Statutes. 

A  commission  is  established  to  promote  uniformity  of  legislation  iu  the 
United  States.     St.  1891,  405;   1893,  311.     (See  1897,  232.) 

Provision  for  codification  of  public  statutes.     Res.  1896,  87. 

Sect.  1.  When  an  act  is  to  be  voted  on  for  acceptance  by  a  municipal 
or  other  corporation,  a  return  of  the  vote  must  be  made  to  the  secretary  of 
the  Commonwealth.     St.  1883,  100. 

Sect.  3.     Words  "  mayor  and  aldermen  "  defined.     St.  1882,  164. 

"Net  indebtedness"  of  towns,  cities  and  districts  defined.  St.  1883, 
127. 

Legal  notices  may  be  pulilished  in  a  periodical  devoted  exclusively  to 
legal  news.     St.  1885,  235. 

Word  "  gaming "  includes  lotteries,  policy,  pool  buying  or  selling  and 
registering  bets.     St.  1895,  419  §  1. 

Political  terms  defined.     St.  1898,  548  §  1.     (See  1895,  489,  507.) 

CI.  10.  The  word  "  lunatic"  wherever  it  occurs  in  tlie  laws  relating  to 
the  insane  is  changed  to  "  insane  person."     St.  1898,  433  §  23. 

Chapter  4.  —  Of  the  Printing  and  Distribution  of  the  Laws  and  Public 

Documents. 

This  chapter  is  revised.  St.  1894,  393 ;  1895,  96,  238,  250,  290,  363, 
463  §  2;  1896,  86.  189,  221,  223,  258;  1897,  134  §  2,  141,  243;  1898, 
175, 320.  (See  1882,  6, 158;  1883,  55;  1884,  166;  1885,  369 ;  1886,  346 
§  2;  1887,  118;  1888,  23,  85,  122,  186,  191,  256,  383;  1889,  32,  35,  124, 


Chap.  5.]  PUBLIC    STATUTES.  885 

1.-.0,  1G4,  212,  440;  1890,  50,  97,  126,  223  §  3,  347  §  2,  423  §  118;  1891, 
7G,  191,  193,  292;  1892,  140;  1893,  70,  108,  144,  223,  413,  417  §  204,  438, 
476  §3;  1894,200;  1898,  433  §  23.  Res.  1886,  36 ;  1891,60;  1894,20; 
1896,  5,  26,  27,  33,  35,  42,  61,  70,  88,  96,  99,  111 ;   1897,  6,  8,  20,  95.) 

Provision  is  made  for  publishing  tables  of  changes  in  the  general  statutes. 
St.  18S2,  238.  For  reports  of  election  cases.  Res.  1886,  36.  For  reports 
of  capital  cases.  8t.  1886,  214.  For  supplements  to  the  Public  Statutes. 
St.  1888,  383.  Res.  1891,  60.  St.  1895,  363;  1898,  311.  Histories  of 
certain  Massachusetts  soldiers  and  sailors.  St.  1889,  374;  1891,  235. 
Res.  1891,  100;  1892,  67.  (See  1893,  411,  413.  Res.  1895,  62,  104; 
1896,  87;   1H;)7,  22.) 

Provision  made  for  payment  of  postage  and  express  charges  on  certain 
public  documents.     St.  1895,  93.      (See  1889,  53;  1892,  422.) 

No  illustrations  shall  be  introduced  into  printed  reports  to  the  governor 
or  legislature  unless  authorized  by  law,  or  approved  by  secretary  of  state. 
St.  1896,  258. 

Chapter  5.  —  Of  the  State  House,  the  Sergeant-at-Arms  and   State 

Library. 

Additional  accommodations  are  provided  for.  St.  1882,  262 ;  1888, 
349;  1889,  300,  394;  1892,  404,  438;  1893,  450;  1894,  532.  (See  1891, 
224  ;  1893,  129,  325,  411 ;  1895,  39,  490 ;  1896,  531, 549  ;  1898,  395.  Res. 
1891,  21,  25  ;  1892,  34,  96.)  Portraits  of  governors  to  be  collected.  Res. 
1890,  58 ;  1895,  54. 

Sects.  4,  6,  9,  10.  The  duties  of  the  sergeant-at-arms  are  revised. 
St.  1884,  14;  1887,  128;  1889,  53;  1890,  456  §  2 ;  1891,  223;  1894, 
230  §  2,  298;  1895,  11,  284. 

He  shall  give  bond  for  faithful  performance  of  duties  and  accounting. 
St.  1895,  284  §  3. 

Clerk  provided  for.  St.  1887,  128.  Salaries  fixed :  Sergeant-at-arms. 
St.  1895,  284  §  2.  (See  1884,  333;  1887,  128.)  Clerk.  St.  1893, 
358.  (See  1887,  128.)  Messenger.  St.  1893,  409.  Certain  expenses 
provided  for.  St.  1894,  314;  1895,  10,  93,  365.  (See  1884,  179;  1889, 
53;  1898,  366.     Res.  1895,  GS.) 

Sect.  12  is  revised.  Contingent  expenses  of  the  council  and  officers  in 
the  State  House  are  omitted.  St.  1887,  128.  Authority  enlarged.  St. 
1894,  531.      (See  1897,  204.) 

Sect.  16  et  seq.  The  trustees  and  librarian  are  authorized  to  prepare  an 
index  of  current  events.     St.  1892,  140. 

Sect.  17  repealed.  Appointment  of  trustees  and  librarian  regulated  and 
salaries  fixed.  St.  1893,  86.  (See  1887,  209  ;  1892,  287,  422 ;  1894,  176  ; 
1.S97,  113.) 

Sect.  18.  Additional  allowance  made  for  assistance  in  State  library. 
St.  1891,  24.     (See  18.s2,  29;  1886,  66.) 

Sect.  20.  Appropriation  for  books,  furniture,  etc.,  increased.  St. 
1897,  114.     (See  1««2,  196;  1888,  24.) 


88G  Changes  ix  the  [Chaps.  e-io. 


Chapter  6. —Of  the  Qualification  and  Registration  of  Voters. 

This  chapter  is  revised.  St.  1898,  548.  (See  1882,  247,  268 ;  1884, 
298;  1885,  246,  271  §  6,  345  §  7;  1886,  68,  264;  1887,  249,  329,  432; 
1888,  200,  206;  1889,  69,  196,  337  §  1,  404;  1890,  393,  423  §§  2-65.  208; 
1891,  242,  277,  286,  290,  395;  1892,  351;  1893,  209,  351,  417;  1894,  268, 
271,  291;  1895,  2,  27,  61,  207,  220,  355,  425,  436,  489,  502;  1896,  73, 
109,  363,  469,  527,  547  ;  1897,  210,  530;  1898,  423.  Amendments  to  con- 
stitution, arts.  3,  32.)  Special  provisions  for  Boston.  St.  1897,  296; 
1898,  401,  548  §§  9,  70-80. 

Chapter  7. — Of  the  Manner  of  Conducting  Elections  and  Returning 

Votes. 

This  chapter  is  revised,  and  the  Laws  reLating  to  elections  codified  and 
consolidated.  St.  1898,  548.  (See  1882,  28,  74,  260;  1883,  42,  100, 
229  ;  1884,  299  ;  1885,  108,  142,  159,  229,  248,  268,  351 ;  1886,  49,  262, 
264;  1887,  272,  371 ;  1888,  146,  164,  203,  353,  434,  436,  437,  441 ;  1889, 
191,413;  1890,  175,  219,  223,  254,  381,  386,  393,  423,436;  1891,  10,  31, 
74,  155,  238,  256,  264,  269,  270,  278,  305,  314,  328,  329,  336;  1892,  51, 
115,  124,  190,  224,  279,  316,  332,  368,  405,  406,  416,  431;  1893,  39,  87, 
146,  177,  209,  304,  307,  308,  349,  351,  376,  417,  465;  1894,  132,  200, 
209,  248,  275,  343,  385,  449,  504,  508  §§  4,  5;  1895,  89,  196,  220,  237, 
240,  242,  244,  253,  262,  275,  285,  299,  323,  355,  436,  489,  502,  507,  508 ; 
1896,  244,  363,  383,  393,  469,  498,  518,  527 ;  1897,  91,  475,  482,  530 ;  1898, 
83,  163,  171,  191,  217,  378,  379,  435,  472,  554.) 

Chapter  8. —Of  the  Election  of  Governor  and  other  State  OflBcers. 

This  chapter  is  revised.  St.  1898,  548  §§  208,  311-323.  (See  1884,  299 
§  7;  1885,  107;  1886,  262  §  5 ;  1890,423  §§  146-164,  228;  1893,  417 
§§  146,  198,  247.) 

New  senatorial  and  councillor  districts  are  established,  and  new  appor- 
tionment made  of  representatives.  St.  1896,  509.  (See  1886,  256,  338, 
348;  1897,  287,  475.) 

Chapter  9.  —  Of  the  Election  of  Representatives  in    Congress   and 
Electors  of  President  and  Vice  President. 

This  chapter  is  revised.  St.  1898,  548  §§  208,  271,  272,  280,  312,  313. 
(See  1888,  382;  1890,  423  §§  165-187,  228;  1891,  234  §  2 ;  1892,  279; 
1893,  417,  Title  IX.) 

New  congressional  districts  established.  St.  1896,  519.  (See  1891, 
396.)  The  requirement  of  residence  in  the  district  is  omitted.  St.  1882, 
253. 

Chapter  10.  —  Of  the  Election  of  District  and  County  Officers. 

Tliis  chapter  is  revised.  St.  1898,  548,  Title  X.  (See  1890,  198,  423 
§§  188-207;  1892,  115;  1893,  39,  417,  Title  IX.) 

The  office  of  commissioner  of  insolvency  is  abolished.  St.  1895,  100. 
(See  Res.  1894,  87.) 


Chap.  U.]  PuBLIC    STATUTES.  887 


Chapter  11.  —  Of  the  Assessment  of  Taxes. 

Provision  for  uniformity  in  assessn^ent.     St.  1898,  507. 

Provision  is  made  for  a  State  tax  on  certain  collateral  successions  and 
grants.     St.  1891,  425;  1892,  379;  1893,  432;  1895,  307,  430;  1896,  108. 

Polls  and  estates  established  as  a  basis  for  apportionment  of  State  and 
county  taxes.  St.  1898,  232.  (See  1883,  71 ;  1886,  73  ;  1889,  103  ;  1892, 
96 ;  1895,  90.)  In  certain  cities  the  tax  rate  may  be  based  on  valuation  of 
preceding  year.     St.  1893,  247. 

The  rate  of  taxation  is  limited  in  cities.  St.  1885,  312  §  1 ;  1893,  247, 
445.     (See  1885,  178;  1887,  226.) 

Provision  for  assessment  of  property  held  for  water-supply  purposes  in 
another  city  or  town.     St.  1893,  352.     (See  1897,  327.) 

The  assessors  may  divide  any  ward  in  a  city  into  convenient  assessment 
districts.     St.  1889,  115. 

They  shall  print  and  distribute  in  cities  and  certain  towns,  and  post  in 
other  towns,  lists  of  voters  and  polls.  St.  1893,  417  §  18  ;  1898,  548  §  18. 
(See  1884,  298  §  19;  1888,  206;  1890,  305,  423  §§  25,  26;  1891,  277; 
1892,  351  §§  7-10.) 

Sect.  1.  As  to  poll  taxes  on  females,  see  St.  1893,  417  §§  14,  16; 
1898,  548  §§  14,  16. 

Sect.  4.  "Or  indebtedness  "  substituted  for  "  due  "  in  sixth  line.  St. 
1882,  76.  But  see  St.  1888,  363.  Words  "this  proviso  shall  apply  to 
corporations  mentioned  in  Pub.  St.,  ch.  13  §  46,"  added.     St.  1887,  228. 

Railroad  bonds  are  made  taxable.     St.  1888,  363. 

Personal  property  leased  for  profit  is  made  taxable,  where  situate,  to  the 
owner  or  person  having  possession.     St.  1889,  446. 

Sect.  5,  cl.  3,  is  revised.  Certain  societies  and  associations  are  added. 
St.  1889,  465.     (See  1882,  217  §  2;  1886,  231;   1888,  158.) 

CI.  9.  Certain  real  estate  of  incorporated  horticultural  societies  is  ex- 
empted.    St.  1884,  176. 

Cl.  10.  It  does  not  affect  the  exemption  that  the  property  is  owned  in 
common  with  others.     St.  1885,  169. 

Cl.  11.  Domestic  fowls  to  the  value  of  fifteen  dollars  exempted.  St. 
1894,  220. 

Cl.  12.  See  St.  1884,  298  §  7.  Property  of  certain  disabled  soldiers 
and  sailors  exempted  to  the  amount  of  $2,000.  St.  1897,  148;  1898,  370. 
(See  1894,  315;   1895,  202.) 

Sect.  6.     See  St.  1883,  189. 

Sect.  10.  The  provisions  of  this  section  are  extended.  St.  1898,  353. 
(See  1887,  373;   1889,  286;   1891,  116;   1893,  149.) 

Sect.  13.  The  person  appearing  as  the  owner  of  record  is  to  be  held  to 
be  the  true  owner  even  though  deceased.     St.  1889,  84. 

Sect.  14  amended.  "Taxable  real  estate,"  in  first  line,  changed  to 
"  real  estate  not  exempt  from  taxation  under  section  five  of  this  chapter." 
St.  1882,  175  §  3. 

Sects.   14-16.     See  St.  1888,  390  §§  32-34;.  1889,  334. 

Sect.  20.  Provision  made  for  assessment  of  personal  property'  held  by 
an  assignee  in  insolvency,  or  for  creditors ;  and  of  personal  property  held 


888  Cha:n^ges  ix  the  [Chap.  ii. 

by  joint  owners  or  tenants  in  common,  other  than  partners.  St.  1882, 
165'. 

Royalty-paying  machines  are  assessable.  St.  1887,  125,  Personal  prop- 
erty leased  for  profit  shall  be  assessed  where  sitnated.     St.  1889,  446. 

CI.  2.  An  act  to  prevent  the  double  taxation  of  certain  machinex'y.  St. 
1894,  304. 

CI.  5.     Amended  to  prevent  double  taxation.     St.  1894,  490. 

CI.  6.     See  St.  1888,  390  §  26. 

CI.  7.  See  St.  1891,425;  1892,379;  1893,432;  1895,  307,  430 ;  1896, 
108. 

Sect.  31  et  seq.     See  St.  1885,  312;  1893,  247,  445. 

Sect.  34.  See  St.  1882,  133. 

Sect.  38.  Returns  of  mortgages  of  real  estate  provided  for.  St.  1882, 
175,  And  of  property  held  for  literary,  benevolent,  charitable  or  scientific 
purposes.  St.  1882,  217 ;  1888,  323.  Uniform  returns  provided  for. 
St.  1894,  294.     Inspection  of  lists  restricted.     St.  1898,  507. 

Sect.  38  et  seq.  See  St.  1884,  298  §§  11-14;  1888,  200,  206;  1890, 
423  §  17;   1893,  352,  417  §§  16-21;   1898,  548  §§  16-23. 

Sects.  38,  72.     See  Res.  1892,  55. 

Sect.  39  amended,     St,  1891,  381. 

Sect.  44.  Provision  for  abatement  without  a  new  list  in  certain  cases. 
St.  1894,  354. 

Sect.  49.  The  overlay  is  valid,  although  it  may  cause  the  tax  to  exceed 
the  legal  limit.  St.  1887,  226.  (See  1885,  312;  1887,  281;  1888,  362; 
1893,247,445.) 

Sect.  50.  Form  of  lists  regulated.  St.  1898,  507  §  2.  (See  1888, 
307;  1897,  439  §  14.) 

Sects.  52-55  are  amended  and  changes  made  in  returns.  St.  1883,  41, 
91;  1890,242;  1891,65.  (See  1885,  106  ;  1886,56;  1887,86.  Amend- 
ments to  constitution,  art.  32.)     As  to  Boston,  see  St.  1894,  318. 

Sect.  61.  Assessors  shall  certify  amount  assessed  upon  each  poll  as 
State  and  county  tax  respectively.     St.  1889,  467  §  1. 

Sect.  69.  Tenants  under  obligation  to  pay  taxes  ma}'  applv  for  abate- 
ment.    St.  1888,  315.     (See  1890,  127.) 

Sects.  69-76.  Appeal  may  be  nuule  to  superior  court.  Proceedings 
regulated.     St.  1890,  127;   1895,  75.      (See  1882,  218;   1893,  352  §  3.) 

Sect.  73.  See  St.  1884,  298  §  11;  1888,  200  §§  1,  4;  1890,  423  §  14; 
1893,  417  §  22 ;   1898,  548  §  23. 

Sect.  75.     Interest  allowed  on  taxes  abated.     St.  1894,  207. 

Sect.  77.     See  St.  1885,  67,  161. 

Sect.  78  is  revised.     St.  1888,  362.     (See  1886,  85.) 

Sect.  90.  Assessors  must  send  to  tax  commissioner  all  lists  and  state- 
ments received  of  exempt  property.  St.  1882,  217  §  3.  (See  1890,  160 
§§  2,  3.) 

Sect.  91.  Amount  of  sinking  funds  or  proportionate  annual  paj'ments 
of  debts  must  be  given.     St.  1882,  133  §  2. 

Sect.  92.     As  to  Boston,  see  St.  1882,  252  §  5 ;   1892,  419  §  138. 

Sect.  93.     Apportionment  of  State  and  county  taxes  is  to  be  stated  on 


Chaps.  12,  13.]  PUBLIC    STATUTES.  889 

tnx  bills  of  males  assessed  for  poll  tax  onl}-,  and  they  are  not  entitled  to  a 
certificate  under  this  section.     St.  1S89,  467  §  2.     (See  1884,  298  §  8.) 

Sects.  9G,  97.  For  apportionments,  see  St.  1883,  71;  188G,  73;  1889, 
103;  1892,  96;   1895,  90;   1898,  232,  546. 

Chapter  12.  —  Of  the  Collection  of  Taxes. 

This  chapter  is  repealed,  and  the  law  as  to  the  collection  of  taxes  revised 
and  codified.  St.  1888,  390;  1889,  253,  334;  1890,  331 ;  1891,  2HH,  425; 
is<t2,  109,  168,  370,  379;  1893,  241,  432;  1894,  537;  1895,  307,  430; 
1896,  108;  1897,  126,  153  §  8.  (See  1882,  243;  1883,  101;  1884,  162, 
212;    1886,  320;    1887,  110,  142.) 

Tlie  service  of  process  in  the  collection  of  taxes  is  regulated.  St.  1892, 
16S.  Provision  made  for  preservation  of  accounts,  papers  and  records 
relating  to  assessment  and  collection  of  taxes.     St.  1892,  370. 

State  treasurer  may  sue  to  recover  the  State  legacy  and  succession  tax. 
St.  1891,  425  §  18. 

Provision  to  prevent  excessive  charges  in  redemption  of  tax  titles.  St. 
1891,  288. 

Chapter  13.  —  Of  the  Taxation  of  Corporations. 

Office  of  deputy  tax  commissioner  abolished  and  that  of  tax  commissioner 
and  commissioner  of  corporations  established ;  duties  defined  and  salarv 
fixed.  St.  1890,  160;  1891,  233  §  2,  360;  1894,  484,  522  §  92;  1897,  63^; 
isiis,  578  §  4.  (See  1882,  217  §  3,  252  §  5;  1887,  214  §  94,  342  §  1 ; 
1890,  127  §  7;  1896,  402.) 

Deputy  provided  for.     St.  1898,  507  §  3. 

Skct.  2.  Salaries  of  clerks  fixed  and  allowance  made  for  clerical  assist- 
ance.    St.  1887,  342  §  2;  1891,  342. 

Skct.  6.     See  St.  1882,  217  §  3,  252  §  5. 

Skcts.  8,  9.  Provision  made  for  counsel  to  defend  suits  to  recover  a 
national  bank  tax  paid  to  a  city  or  town.  St.  1886,  332.  (See  1887,  142 
§  3 ;  1888,  390  §  95.) 

Sects.  17,  40.  Title  insurance  companies  are  to  be  taxed  under  these 
sections.     St.  1884,  180  §  5;  1887,  214  §§  62^64;  1894,  522  §§  62-64. 

Sect.  20.  The  exemption  is  extended.  1883,248.  (See  P.  S.  ch.  116 
§  20,  cl.  8.     St.  1886,  77.) 

Sects.  20,  22.  Taxes  upon  savings  banks  to  be  assessed  by,  and  re- 
turns made  to  tax  commissioner.  St.  1890,  160  §  4.  Provision  for  repaj'- 
ment  of  tax  on  real  estate  used  for  banking  pui-poses.  St.  1890,  406  ; 
1.S91,  171. 

Sect.  24  is  repealed.  The  capital  stock,  franchises  and  personal  estate, 
but  not  the  real  estate,  of  co-operative  banks  are  exempted.  St.  1890,  63. 
(See  1883,  98;  1885,  121  §  3.) 

Sect.  25  et  seq.  The  provisions  as  to  the  taxation  of  insurance  com- 
panies are  revised,  and  §§  26,  34,  37  are  amended.  St.  1887,  283;  1888, 
154;  1890,  197;  1892,  129.  (See  1887,  214  ^<§  19,  64;  1894,  522  §§  19, 
64.) 

Sect.  33  amended.     AVhen  reinsurance  is  effected  otherwise    than    1)y 


goo  Cha:n'ges  in  the  [Chap.  u. 

licensed  resident  ag;eut  no  deduction  is  to  be  made  for  sums  paid  therefor. 
St.  1888,  154.      (See  1887,  214;  181)0,  197;  1892,  129.) 

Sects.  38-40.  Telephone  companies  are  to  be  taxed  inider  these  sec- 
tions.    St.  1885,  238;  1886,  270. 

Sects.  38-41,  53-GG  shall  apply  to  street  railway  companies.  St.  1898, 
417,  578.  As  to  returns  by  and  taxation  of  street  railways,  see  St. 
1898,  578  §§  2,  6-9. 

Sects.  40,  52,  53,  54,  57,  58,  59.  Taxation  of  safe  deposit,  loan  and 
trust  companies  regulated.     St.  1888,  413  §§  21-24. 

Sect.  43.  Taxation  of  foreign  mining,  quarrying,  laud  and  oil  com- 
panies regulated.  St.  1882,  106;  1883,  74;  1884,  330  §  3;  1886,230. 
(See  1891,  341.) 

Sect.  46.  Corporations  mentioned  in  this  section  are  wnthin  the  proviso 
of  P.  S.  ch.  11  §  4,  as  to  local  taxation.  St.  1887,  228.  Rate  of  taxation 
fixed.     St.  1895,  300. 

Sects.  57,  58  are  repealed  and  superseded,  so  far  as  relates  to  street 
railways.     St.  1898,  578. 

Sects.  61,  62.  Appeal  from  assessors  may  be  made  to  superior  court. 
Proceedings  regulated.  St.  1890,  127.  (See  1895,  75;  1898,  505  §  3, 
578  §  28.) 

Chapter  14.  —  Of  the  Militia. 

This  chapter  is  revised.  St.  1893,  367,  439;  1894,  236;  1895,  465; 
1896,  348,  425;  1897,  391,  438,  448;  1898,  84,  142,  347,  348,  359,  428, 
447,  525,  561,  570.  (See  1882,  97,  154  §  11,  178,  179;  1884,  45,  230; 
1885,  147,  236;  1886,  63,  105,  237;  1887,  411;  1888,  366,  384;  1889, 
360;  1890,  425;  1891,  232;  1892,  238,  366;  1893,  193,  231.  Res.  1882, 
15;   1890,  67.) 

An  act  regulating  the  staff  of  the  commander-in-chief.     St.  1898,  359, 

A  naval  brigade  is  established.  St.  1892,  366;  1893,  367  §  29;  1894, 
312  ;  1896,  182  ;  1898,  183,  407.  (See  1888,  366.)  And  a  nautical  train- 
ing school.     St.  1891,  402;   1893,  124. 

Provisions  relative  to  enlistment  in  the  United  States  service,  and  for 
raising  provisional  companies.     St.  1898,  428,  447,  454. 

Provision  made  for  armories  in  cities.  St.  1888.  384;  1894,211;  1897, 
253.  (See  1893,  121,  367  §§  90,  92-97;  1895,  465  §  5.)  And  for  a 
military  museum.     St.  1897,  204. 

The  law  detining  what  bodies  of  men  may  parade  with  arms  is  revised. 
St.  1895,  465  §  6.  (See  1887,  411  §  124;  1890,  425  §  10;  1893,  367 
§  124.     Res.  1890,  67.) 

Aml)ulance  corps  reorganized,     St,  1894,  236. 

Provision  is  made  for  appointment  of  a  State  military  and  naval  his- 
torian. St.  1889,  374;  1891,  235.  (See  Res.  1894,  14,  94;  1895,  62, 
104  ;  1896,  80  ;  1898,  55.)  For  a  compilation  of  records  of  the  revolution- 
ary war.  Res.  1891,  100.  (See  1897,  22 ;  1898,  5.)  And  of  the  grand 
army  of  the  republic.  St.  1893,  411.  (See  St.  1893,  413;  1897,  179, 
399-   1898,  425.) 


Chaps.  15,  16.]  PUBLIC    STATUTES.  891 


Chapter  15.  —  Of  the  Executive    Department  and    the  Secretary  of 

the  Commonwealth. 

Provision  for  delegates  to  certain  national  conventions.     St.  1894,  376. 

Sects.  1-10.  Salaries  fixed:  Governor;  St.  1892,  101.  (See  1884, 
328;  1892,  59.)  Governor's  private  secretary  and  executive  clerk;  St. 
1S91,  411.  (See  1884,  8;  1885,  77;  1887,83;  1898,  104.)  Executive 
messenger;  1891,429.  (See  1884,  38;  1887,221.)  Stenographer;  1897, 
188.  (See  1892,  16.)  Secretarv  of  the  Commonwealth  ;  1888,  385.  (See 
1S84,  79.)  First  and  second  derks ;  1891,  410.  (See  1885,  87;  1886, 
238.)  Third  clerk;  1897,  351.  (See  1883,  48;  1887,  26;  1893,  103.) 
Allowance  for  messenger  and  clerk  hire;  1890,  239;  1893,  112;  1895, 
402.  And  for  extraordinarv  expenses.  St.  1890,  415.  (See  1884,  15; 
1889,  53.  101;   1890,  455;   1895,  93;   1898,  393.) 

Sect.  2.  Salary  of  lieutenant-governor,  when  acting  governor,  fixed. 
St.  1896,  347. 

Sect.  9.  Secretary  must  give  bond  and  make  annual  reports.  St. 
1892,  262;  1893,  148;   1896,  443.      (See  1894,  393  §  7 ;   1898,  367.) 

Additional  duties.  St.  1882,  28  §  3,  221.  Res.  1882,  56.  St.  1883, 
99;  1884,  14,  98  §  4 ;  Res.  1884,  60.  St.  1885,  24,  288,  313  §  6,  319, 
337,  379  §§  4-6;  1886,  214;  1887,  118;  1889,  316,  471.  Res.  1889,  41, 
50,  104.  St.  1890,  239,  242,  302,  421  §  8,  439,  448,  456  §  6 ;  1891,  65, 
360  §  5;  1892,  192;  1893,  144,  226,  417;  1894,  326  §  2,  378,  393,  542; 
1895,  242;   1896,  248,  258;   1897,  243;   1898,  502  §  2,  525,  548. 

Sect.  12.  Form  and  device  of  great  seal  established.  St.  1885,  288; 
1898,  519. 

Sect.  15  repealed.  Forms  for  returns  to  be  furnished  by  commissioners 
of  prisons.     St.  1882,  226. 

Chapter  16.  — Of  the  Auditor,  Treasurer  and  Matters  of  Finance. 

The  par  of  exchanoe  estal)lished  by  U.  S.  Rev.  St.  §  3565  is  adopted. 
St.  1^82,  110. 

Duties  of  auditor  extended.  St.  1882,  22;  1883,  258,  264;  1884,  179, 
207,  255  §  30;  1885,  41,  313,  371  §  2,  385;  1886,  300;  1887,  87;  1891, 
384  §  2;  1893,  417  §  123;  1896,  248,  258,  302;  1897,  501;  1898,  378,  393 
§  3,  525  §  1,  548  §§  267,  270.     (See  1893,  287.) 

Provision  made  for  auditing  accounts  of  county  officers,  officers  of  infe- 
rior courts  and  trial  justices,  and  for  returns  and  payments  by  them.  St. 
1887,  438;  l.s^^8,  27.5;  1890,  216,  306,  380  §  3,  1893^  270;  1894,  183,  248. 
(See  1886,  169;  1890,  204,  215;  1898,  .334  §  5.) 

Pi-ovision  made  for  an  agent  to  prosecute  claims  of  the  Commonwealth 
against  the  United  States.     Res.  1883,  45. 

Claims  under  St.  1862,  62;  1863,  254,  to  be  filed  with  the  auditor. 
St.  1882,  112.     (See  1894,  67.) 

Provisions  of  this  chapter  extended  to  advances  on  account  of  nautical 
training  school.     St.  1893,  124. 

SfxtI  2.  Salaries  fixed.  Auditor;  St.  1889,  70.  (See  1885,  195.) 
Clerks:   St.   1891,  275.     Expert  in  printing;   St.  1896,  248.      (See  1885, 


892  '  Changes  in  the  [Chap.  it. 

l9o  ;  1887,  30 ;  1888,  432 ;  1893,  287.)  Clerical  assistance.  St.  1894,  397  ; 
1898,  521.      (See  1898,  367.) 

Sect.   7.     Time  for  auditor's  report  changed.     St.  1884,  207. 

Sect.   14.     See  St.  1890,  330. 

Sect.  17.  Clerks  and  clerical  assistance  provided  for,  and  salaries  of 
treasurer  and  clerks  fixed.  St.  1885,263;  1886,  38,  334;  1889,  349; 
1891,  233;  1893,  432;  1895,  276,  392;  1896,  326.  (See  1882,  111;  1883, 
164 ;  1885,  15  ;  1891,  310  ;  1894,  522  §§  4,  83  ;  1898,  380,  473.)  Messenger 
allowed.  St.  1897,  256.  Office  hours  regulated.  St.  1886,  257 ;  1896, 
522.     (See  1898,  367.) 

Pi'ovisions  in  regard  to  trust  deposits.  St.  1891,  233  ;  1893,  224 ;  1894, 
522  §§  31,  79,  94.  (See  1887,  214  §  94;  1890,  330.)  Standard  weights 
and  measures.      St.  1897,  443. 

Additional  duties  of  treasurer.  See  St.  1893,  465;  1896,  302,  498, 
518;  1898,  378,  393,  548  §  267,  562  §§  95-102,  578  §  5. 

Sect.   18  superseded.     St.  1890,  160.     (See  1894,  484.) 

Sectts.  19,  26,  60.  Provision  for  management  of  surplus  accumulations 
of  sinking  funds.  St.  1891,  259.  (See  1893,  424.)  Certain  moneys  are 
to  be  paid  into  the  school  fund.     St.  1890,  335.     Res.  1894,  90. 

Treasurer  may  receive  from  the  United  States,  and  pay  over,  sums  for 
the  soldiers'  home.  St.  1890,  373.  (See  1889,  282.)  And  moneys 
from  cities  and  towns  in  support  of  practice  and  model  schools.  St. 
1896,  133.  (See  1893,  407  §  9  ;  1894,  288  §  10,  483  §  4;  1898,  393  §  9.) 
As  to  Massachusetts  volunteers'  fund,  see  St.  1882,  112;  1894,  67. 

Sect.  26.  Annual  financial  estimates  are  to  be  made  to  the  auditor. 
St.  1885,  41. 

Sect.  28.  Advances  for  small  expenses  and  method  of  accounting 
therefor  provided  for.  St.  1884,  179;  1887,  269  §  5,  438;  1888,  180, 
322;   1890,   58;   1891,  54;   1893,   124;   1894,   245,  314;   1895,   10.      (See 

1889,  .53;  1892,  68;  1895,  34.) 

Certain  unclaimed  funds  shall  be  paid  to  the  treasurer.     St.  ISOO,  330. 

Sect.  42  repealed,  and  power  of  committees  to  cause  hearings  to  be 
advertised  limited.     St.  1885,  371;   1897,  .503.     (See  1885,  24.) 

Sect.  52.  Payments  of  money  from  sales  of  public  pi'opertv  regulated. 
St.  1884,  326.     (See  1897,  121.) 

Sect.  53.  Suits  for  collateral  legacy  and  succession  tax  are  to  1)e  brought 
by  the  treasurer.     St.  1891,  425  §'l8.     (See  1892,  379  ;  1893,  432.) 

Sect.  54.  Advances  on  account  of  monthly  salaries  authorized.  St. 
1895,  34. 

Sect.  55  extended  to  trust  and  safe  deposit  companies  approved  by  the 
governor  and  council.     St.  1891,  310. 

Sect.   60.     Additional  investments  are  allowed.     St.  1882,  130. 

Sects.  72,  73  repealed.     St.  1887,  438  §  8.     (See  1886,  169 ;  1888,  275 ; 

1890,  216,  306,  380,  440  §  6  ;  1893,  270,  396  §  9.) 

Chapter  17.  — Of  the  Attorney- General  and  the  District  Attorneys. 

Sects.  1,  2.  Duties  and  authority  of  the  attorney-general  recrulated. 
St.  1892,  1,59;  1894,  127;  1895,  373;  1896,  490.  (See  1886,  216^;  1888, 
425  ;  1898,  367.)     Provision  for  publication  of  opinions.     Res.  1898,  95. 


Chaps.  18,  19.]  PUBLIC    STATUTES.  893 

Salaries  fixed.     St.  1889,  402.     (Sec  1896,  490  §  3.) 

Sect.  3.  Attorney-general  shall  appear  in  capital  cases  ^vlien  the  public 
interests  require  it.  St.  1891,  379  §  10;  1893,  324.  (See  1890,374; 
1891,  379  §  3;  1895,  372.) 

Sect.  8  extended.     St.  1892,  159  ;  1894,  127  ;  1895,  373. 

Sect.  9  is  revised.  St.  1898,  430.  (See  1886,  214;  1890,  374;  1895, 
372.) 

Sect.  10.     Allowance  for  contingent  expenses  increased.    St.  1890,  388. 

Sects.  13-15.  Salaries  fixed  and  assistants  allowed:  Eastern  district ; 
St.  1882,  156,  157;  1888,  289.  Middle;  1889,  250.  (See  1885,  168.) 
Assistant;    1888,   157;    1893,   138.      Southern;    1892,    319.      Assistant; 

1897,  306.  (See  1893,  437.)  South-eastern;  1888,  267.  Assistant; 
1891,  113;  1894,  297.  (See  1888,  267  §  2.)  Suffolk;  1887,  160.  First 
assistant;  1892,  233.  Second  assistant;  1898,  235.  (See  1887,  160.) 
Clerk;  1889,  238.     (See  1882,  245  §  2 ;  1887,  160.)     Western,  1887,  97. 

Salaries  of  all  assistants  are  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth.    St.  1895,  424. 

Sect.  16.     See  St.  1888,  267  §  2;  1891,  113. 

Sect.   19  is  extended.     St.  1893,  345.     (See  1885,  379  §  7.) 

Chapter  18. — Of  Notaries  Public  and  Commissioners  to  administer 
Oaths  of  OflB.ee  and  to  take  Acknowledgments  of  Deeds. 

Form  of  acknowledgment  and  execution  of  deeds,  etc.,  established.  St. 
1894,  253;  1895,  460.^     (See  1895,  237;   1898,  562.) 

Sect.  1.  Notaries  have  jurisdiction  throughout  and  are  appointed  for 
the  Commonwealth.     St.  1891,  38.     (See  1895,  379.) 

Women  may  be  appointed  special  commissioners  to  administer  oaths, 
take  acknowledgments  and  depositions  and  summon  witnesses.  St.  1883, 
252;  1889,  107;  1896,  476;  1898,  187,  574.      (See  1882,  139.) 

Sect.  14.  The  oath  may  be  taken  before  a  United  States  minister  or 
consul.     St.  1885,  31. 

Chapter  19.  —  Of  the  Board  of  Harbor  and  Land  Commissioners. 

The  commissioners  are  authorized  to  remove  wrecks  and  obstructions  in 
tide-waters.     St.  1883,  260.     (See  1887,  98.) 

United  States  government  may  occupy  and  fill  flats  on  Gallop's  island, 
and  build  structures  over  tide-waters.  St.  1889,  27  §  2.  And  on  Ped- 
dock's  island.     St.  1897,  240  §  3. 

vSect.  1.  Salaries  fixed.  St.  1898,  572.  (See  1893,  298.)  As  to 
report  of  amounts  due,  see  St.  1898,  366. 

Sect.  2.  Cnstody  of  archives  of  Maine  lauds  transferred  to  the  secre- 
tary of  the  Commonwealth.     St.  1883,  99. 

Sect.  3  not  to  applj'  to  certain  province  lauds.  St.  1893,  470  §  4. 
(See  1886,  144.)  The  commissionei's  have  general  care  and  supervision 
of  the  Connecticut  river  and  of  structures  therein.  St.  1885,  344 ;  1891, 
266;  1898,  498.  (See  1882,  274;  1883,  183.)  Building  restricted  in  the 
river.     St.  1893,  301.     Provision  for  industrial  camp  for  convicts.     St. 

1898,  393. 


894  ChAN&ES    IX    THE  [Chap.  20. 

They  have  the  same  charge  of  Commonwealth  lauds,  not  otherwise  pro- 
vided for,  that  they  have  of  lands  in  tide-waters.  St.  1886,  144.  (See 
1888,  318;  1891,  309  §  3 ;  1893,  470;  1897,  146,  392,  486;  1898,  278 
§  3,  393.) 

Sect.  7.  Regulations  are  established  for  Gloucester  harbor ;  St.  1885, 
315;  1895,  106.  Harbor  lines  are  established  for  Boston ;  St.  1892,  358 
§2.  East  Boston;  1882,  48.  South  bay,  Boston  ;  1898,  278.  (See  1891, 
309.)  Chelsea;  1887,  344.  Gloucester;  1882,  103;  1883,  109;  1895, 
106  §  2.  Haverhill;  1883,  104.  (See  1891,  344;  1893,  435;  1897,  479, 
486.) 

Sect.  8  et  seq.  The  board  has  supervision  over  great  ponds  and  may 
license  structures  therein..  St.  1888,  318.  (See  1886,  248.)  A  license 
is  required  to  dam  a  navigable  stream  or  outlet  of  a  great  pond  for  cran- 
berry culture.     St.  1892,  55.     (See  1889,  383.) 

Sects.  8,  10,  11,  12  apply  to  the  Connecticut  river.  St.  1885,  344  §§  2, 
3;   1891,  266. 

Sects.  10-13,  16  apply  to  great  ponds.     St.  1888,  318  §  5. 

Sect.   16.     See  St.  1897,  146. 

Chapter  20.  — Of  tlie  State  Board  of  Agricultiire. 

An  agricultural  experiment  station  is  established,  and  membership  and 
duties  of  board  of  control  prescribed.  St.  1882,  212 ;  1883,  105 ;  1885, 
327;  1887,  31,  212;  1888,  333;  1889,  111;  1894,  143,  144;  189,  557, 
421;   1896,  254,  297;   1897,  117.      (See  1888,  296;   1898,  366,  367.) 

A  dairy  bureau  is  established,  to  consist  of  three  members  of  the  board 
of  agriculture.  St.  1891,  412;  1892,  139.  (See  1891,  58;  1894,  280; 
1895,  214;   1896,  377;   1897,  349.) 

Provision  is  made  for  registration  of  pedigrees  of  horses.  St.  1890,  334. 
And  for  punishing  false  registration  or  giving  false  pedigrees  of  horses, 
cattle,  etc.     St.  1887,  143 ;   1890,  334. 

The  agricultural  college  may  receive  moneys  granted  by  the  United 
States.     St.  1889,  111.     (See  1887,  212.) 

Provision  is  made  for  a  bounty  for  sugar  from  beets  or  sorghum  cane. 
St.  1883,  189.  And  for  bounties  to  chartered  poultry  associations.  St. 
1895,  351. 

Sect.  1.  Membership  of  board  changed.  St.  1894,  144.  (See  1890, 
274,  297.) 

Sect.  2  amended.  St.  1896,  254.  Certain  duties  imposed.  St.  1891, 
210,  280;   1898,  393  §  8.  -        ^ 

Sects.  4-6.  Assistant  secretary  provided  for.  St.  1891,  412  §  6. 
Salaries  fixed:  Secretary;  St.  1883,  184.  Assistant;  St.  1891,  412  §  6. 
Clerks;  St.  1891,  300;  1893,  130;  1898,  459.  (See  1887,  245;  1892, 
143.) 

Allowance  for  clerical  services  and  for  lectures  increased.     St.  1884,  66. 

Allowance  for  certain  incidental  expenses.     St.  1889,  45. 

The  board  is  authorized  to  collect  and  circulate  information  about 
abandoned  farms.     St.  1891,  280.     (See  Res.  1893,  46.) 

Provision  is  made  for  extermination  of  insect  pests.  St.  1891,  210; 
1893,  78;  1898,  544.     (See  1897,  516.) 


Chaps.  21,  22.]  PUBLIC    STATUTES.  895 


Chapter  21. —  General  Provisions  relating  to  State  Officers. 

State  boards  and  eoinmissions  shall  report  their  organization  to  the 
secretary  of  the  Commonwealth.  St.  1898,  265.  And  amounts  due.  St. 
181(8,  3GG.     (See  1896,  258;   1898,  433  §  7.     Res.  1898,  3,  9.) 

A  civil  se^'vice  commission  is  established  and  appointments  to  service 
reiiulated.  St.  1884,  320;  1887,  364;  1888,253,  334;  1889,  177,  183, 
351,352;  1891,  140;  1893,  95,253;  1894,  267;  1895,  376;  1896,  449, 
494,  502,  517;  1897,  328.  (See  1887,  437;  1888,  41;  1889,  473;  1894, 
519  ;  1895,  376,  501 ;  1896,  86,  256,  424 ;  1898,  366,  367,  447,  454.  Res. 
1892,  34.) 

Certain  officers  shall  not  accept  railroad  tickets  at  less  than  usual  rates. 
St.  1892,  59. 

Provision  for  temporary  absence  in  case  of  enlistment  in  the  V.  S.  ser- 
vice.    St.  1898,  447,  454.      (See  1898,  428.) 

Legislation  recommended  by  State  boards  and  commissions  shall  be  re- 
ported to  the  secretary  of  the  Commonwealth  before  the  first  Wednesday 
in  January.     St.  1893,  144. 

Legal  sei-vices  required  by  officers  or  boards  shall  be  performed  by  or 
under  direction  of  the  attorney-general.     St.  1896,  490. 

Standard  record  inks  required.     St.  1894,  378  ;   1898,  510. 

Sect.  1.  Tenure  of  office  of  officers  appointed  by  governor  and  council 
regulated.     St.  1887,  364. 

Sect.  7.  Official  bonds  must  be  examined  yearly,  and,  if  insufficient, 
renewed.     St.  1885,  32 ;   1893,  257. 

Sect.  10.  Treasurer's  office  hours  regulated.  St.  1886,  257;  1896, 
522.  Advancements  ou  account  of  salaries  authorizecL  St.  1895,  34. 
(See  Res.  1898,  3.) 

Chapter  22.  —  Of  Counties  and  County  Commissioners. 

Powers  and  duties  of  county  commissioners  are  further  defined.  St. 
1896,  384;  1897,  137;  1898,  367.  548.  (See  1890,  308;  1894,  497  §  1 ; 
1898,  264,  476,  496  §  29.)  Provision  for  removal  of  county  commission- 
ers in  certain  cases.  St.  1897,  224.  For  summary  investigation  of  county 
expenditures.     St.  1898,  432. 

A  penalty  is  provided  for  violation  of  duty  by  county  officers.  St.  1897, 
130. 

Sect.  1.  Muskeget  and  Gravelly  islands  annexed  to  Nantucket.  St. 
1887,  88. 

Sect.  5.  Counties  to  provide  places  for  holding  district  and  police 
courts.     St.  1893,  396  §  1 ;   1897,  245. 

Sect.  13.  When  their  clerk  is  absent,  the  commissioners  shall  appoint 
one  of  their  number  clerk  pro  tempore.  St.  1890,  198.  Proceedings  reg- 
ulated. Pro  tempore  clerk  maybe  a  woman  and  shall  be  sworn.  St.  1896, 
384. 

Sect.  14.  Compensation  fixed:  Barnstable;  St.  1893,  276.  Berkshire; 
St.  1890,  133.  Bristol;  1893,  291.  (See  1886,  251 ;  1889,  339.)  Essex; 
1«92,  3.^4.  (See  1885,  277.)  Franklin;  1888,  65.  Hampden;  1889,  30. 
Hampshire;  1887,  211.     Middlesex;  1889,  303.     (See  1885,  277.)     Nor- 


896  Cha:n"ges  ix  the  [Chap.  23. 

folk;    1892,  359.      (See  1885,  277;    1891,  80.)      Plymouth;    1892,  298. 
(See  1886,  251.)      Worcester;    1893,   288.      (See  18.SG,  251;   1891,  79; 

1892,  59;    1893,  275  §   1.)      Transportation  expenses  are  allowed.      St. 

1893,  273.     (See  1892,  59.) 

Special  commissioners.     St.  1894,  250;  1895,  112;  1898,  31G. 

Sect.  15.     Meetings  changed  in  Berkshire.     St.  1883,  63. 

Skct.  17.  Certain  formal  proceedings  ai-e  authorized,  notwithstanding 
disqualification.     St.  1893,  238. 

Sect.  18  repealed.     St.  1893,  275  §  2. 

Sect.  19.  Oaths  of  treasurers  and  registers  of  deeds  are  to  be  recorded. 
St.  1890,  308. 

Sect.  20.  First  paragraph  amended.  St.  1897,  137  §  1.  Commis- 
sioners may  examine  reservoirs  and  dams,  and  proceed  under  P.  S.,  ch. 
190  §§  .53-58.     St.  1891,  315;  1893,  99. 

Provision  for  additional  accommodation  for  courts  in  Middlesex.  St. 
1893,  160;  1895,  492.     And  in  Worcester.     St.  1896,  350. 

Provision  made  for  certain  expenses  of  inferior  courts  and  justices.  St. 
1890,  440  §  11  ;  1891,  70,  325;  1893,  396  §  1.  And  for  rearranging,  in- 
dexing and  recording  certain  records  and  dockets  when  worn,  mutilated  or 
indistinct.     St.  1891,  225;  1892,  253. 

Provision  in  regard  to  payment  of  county  taxes.     St.  1<S89,  253. 

Orders  drawn  on  county  treasurers  must  be  recorded,  certified  and  ac- 
companied by  original  vouchers.     St.  1890,  206,  380;  1897,  128,  129. 

Proposals  for  countv  loans  must  be  advertised  for.  St.  1895,  111.  (See 
1895,  143,  482;  1896,^128;  1897,  153.) 

Sect.  22  is  revised.    St.  1897,  137  §  2.     (See  1897,  128,  129,  130,  153.) 

Sect.  26  is  limited  to  regular  commissioners  and  made  applicable  to 
issuing  orders  of  notice.     St.  1885,  91. 

Sect.  28.     See  St.  1890,  423  §  112;  1891,  329  §  3;  1893,  417  §  124. 

Sect.  30  is  amended.     St.  1898,  217  §  3. 


Chapter  23.  —  Of  County  Treasurers  and  County  Finances. 

Sect.  1  is  revised.  St.  1897,  128  §  1.  (See  1890,  308;  1897,  153; 
1898,  264,  317.) 

Sect.  2.  Salaries  fixed:  Berkshire;  St.  1889,  58.  Bristol;  1898,  322. 
(See  1889,16;  1896,176.)  Essex;  1886,133;  1896,  176.  Ilampdeu; 
1898,  323.  (See  1884,  112.)  Hampshire;  1887,  159.  Middlesex;  1896, 
176;  1898,  294.  (See  1887,  57.)  Norfolk;  1898,  330.  (See  1890,  143 ; 
1892,  295.)     Plymouth;  1889,  260.     Worcester;  1886,  132;  1896,  176. 

Allowance  for  clerical  assistance:  Bristol;  St.  1892.  144.  Essex;  1889, 
310;  1896,  147.  Middlesex ;  1889,  85.  Norfolk;  1895,  133.  Plymouth; 
1897,  257.  Worcester;  1893,  156;  1895,  113.  And  travelling  expenses 
in  certain  counties.     St.  1896,  176. 

Sect.  6  et  seq.  Countv  expenditures  regulated.  St.  1890,  206,  209, 
296;  1897,  128,  129,  137,  153;  1898,  432,  477,  555.  (See  1885,  345 
§  6;  1887,  438;  1890,  216,  380;  1893,  270,  271;  1894,497  §  5;  1895, 
482;   1896,  172,  316,  357;  1898,  206,  316,  317,  365.) 

Proposals  for  countv  loans  must  be  advertised  for.  St.  1895,  111.  (See 
1895,  143;  1896,  128;   1897,  153.) 


Chap.  24.]  PuBLIC    STATUTES.  897 

Provisions  for  approval  of  plans  for  building  or  enlarging  county  prisons. 
St.  181)7,  olG. 

No  payments  of  fees  to  clerks  of  courts.     St.  1890,  209. 

Sect.  10  amended.  Personal  liability  of  treasurer  in  certain  cases.  St. 
1897,  128  §  2. 

Sects.  11,  20,  30.  Yearly  reports  of  prison  receipts  and  expenses  pro- 
vided for.     St.  1891,  187;  1892,  430.     (See  1898,  277,  334,  365.) 

Sect.  20  is  amended.     St.  1897,  130  §  4. 

Sect.  22  is  revised.  St.  1897,  153.  (See  1895,  143,  482,  493  §  2; 
1890,  128,  172,  443.) 

Sects.  22-28.  Treasurer's  accounts  and  returns  regulated.  St.  1891, 
187;  1892,  430;  1897,  129,  153;  1898,  277.  (See  1887,  438;  1888,  275; 
1890,  141,  380;  1895,  482;  1897,  128,  130;  1898,  206,  365.) 

Sect.  23  is  repealed.     St.  1897,  130  §  5. 

Sect.  24  affected.     St.  1889,  253 ;  1897,  153  §  8. 

Sect.  26  is  revised.  St.  1897,  128  §  3. 

Sect.  28  repealed.     St.  1897,  153.     (See  1890,  141,  380.) 

Sect.  30.     See  St.  1891,  187;  1892,  430;  1898,  277. 

Sect.  32  repealed.     St.  1890,  380  §  2. 

Sects.  36-39  repealed.  Provision  for  controller  of  county  accounts. 
St.  1887,  438;  1888,  275;  1890,  380;  1893,  257,  270;  1894,  183;  1895, 
143,  493  §  4;  1896,  128;  1897,  129,  153.  (See  1886,  169;  1890,  204; 
1894,  248  ;  1895,  242  ;  1897,  128  ;  1898,  334  §  5,  365,  432.)  And  deputies. 
St.  1890,  306;  1895,  175;  1898,  477.  For  examination  of  official  bonds. 
St.  1893,  257 ;   1894,  183.     And  of  county  expenditures.     St.  1898,  432. 

Chapter  24. —  Of  Registers  of  Deeds. 

An  act  to  provide  for  registering  and  confirming  titles  to  lands.  St. 
1898,  562. 

Salaries  are  established  for  registers  and  assistant  registers.  The  fees 
are  to  be  paid  to  the  county.  St.  1895,  493.  (See  1887,  438.)  Pro- 
vision for  assistant  registers  and  clerical  assistance.     St.  1896,  172. 

Change  in  salary,  assistant  register,  Middlesex.     St.  1898,  333. 

Standard  record  inks  are  required.     St.  1894,  378  ;   1898,  510. 

Sect.  2.  Copies  of  certain  records  in  registry  of  northern  district  to  be 
deposited  in  registry  of  southern  district.  St.  1890,  158  ;  1891,174.  New 
registry  established  in  Bristol.     St.  1891,  234. 

Sect.  5.     And  in  Worcester,     St.  1884,  40. 

Sect.  6.     Record  shall  be  made  of  oath  of  registers.     St.  1890,  308. 

Sect.  9.     Women  may  be  assistant  registers.     St.  1885,  7. 

Sect,  12,  Requirement  of  residence  in  place  of  registry  repealed.  St. 
1892,  121, 

Sects,  13-26.  Provision  for  recording  office  copies  of  instruments  affect- 
ing titles  to  lands  lying  in  more  than  one  county  or  registr}^  district.  St. 
1889,  448.  And  for  re-recording  worn  or  indistinct  records.  St.  1892, 
253.      (See  1898,  514  §  2,  562  §§  10,  20,) 

Sp:ct,  22.  Indexes,  except  in  Suffolk,  must  show  towns  in  which  the 
lands  lie.     St.  1885,  29. 

Sects.  25,  26  amended.  Registers  substituted  for  commissioners.  St. 
1896,  443. 


898  Changes  in  the  [Chaps.  25-27 

Sect.  29  repealed.     St.  1895,  493  §  6. 

Sects.  30,  31,  32  repealed.     St.  1896,  443.     (See  1893,  148.) 

Chapter  25.  — Of  Sheriffs. 

Sect.  16.  Sheriff  may  further  arrest  a  person  under  arrest  by  a  con- 
stable.    St.  1896,  247. 

Sect.   18.     See  St.  1893,  423  §  32. 

Sect.  20  is  extended  to  writs  and  processes  in  favor  of  a  sheriff.  St. 
1885,  75. 

Sect.  22.  Salaries  fixed :  Barnstable;  St.  1894,  153.  Bei'kshire ;  St. 
1887,  58.  Bristol;  1897,  454.  Essex;  1894,  415.  (See  1887,  164.) 
Hampden;  1889,  38.  Hampshire;  1891,  154.  Middlesex;  1898,  324. 
(See  1888,  95.)     Suffolk;   1888,228.     Worcester;   1888,244. 

In  Dukes  and  Nantucket  fees  are  allowed.     St.  1884,  209  ;   1886,  28. 

Sects.  24,  25.  Sheriffs  must  deposit  public  moneys  beyond  what  are 
required  for  immediate  use.  St.  1890,  215;  1893,  148,  270  §  2;  1896, 
443  §  6.     (See  1890,  296.) 

Chapter  26.  —  Of  Medical  Examiners. 

Sect.  2.  New  district  made  in  Franklin  county;  St.  1884,  321 ;  and  in 
Plymouth;   1886,  74.     Associate  examiners  provided  for.     St.  1898,  318. 

Sect.   6  repealed.     St.  1893,  257. 

Sect.  9  et  seq.  Fees  and  duties  of  examiners  regulated.  St.  1885,  265 
§  4,  379;  1897,  310;  1888,  306  §  2 ;  1890,  213;  1892,  286;  1896,  338; 
1898,  318,  326  §  5. 

When  death  is  supposed  to  be  due  to  violence,  no  embalming  fluid  shall 
be  used  without  a  permit  signed  by  an  examiner.     St.  1892,  152. 

Sects.  12-15.  Provision  for  verbatim  reports  of  evidence  at  inquests  in 
cases  of  death  by  accident  on  a  railroad  or  street  railway.  St.  1896,  302. 
(See  1888,  365;  1889,  154;  1896,  338.) 

Sect.  13,  14,  25.  Fees  of  witnesses,  etc.,  at  inquests  regulated.  St. 
1883,  61 ;  1885,  379  §  2  ;  1890,  440  §§  6,  8,  9  ;  1898,  204.      (See  1888,  180.) 

Sects.  20,  24.  Provision  made  for  disposition  of  bodies  and  for  account 
of  expenses.     St.  1887,  310;  1890,  185;  1898,  479. 

Sect.  25.  Special  justices  of  nuinicipal,  police  and  district  courts,  with 
certain  exceptions,  are  to  have  same  fees  as  trial  justices.  St.  1885,  40. 
The  record  must  state  the  fact  which  gives  them  jurisdiction.  St.  1892, 
268;  1893,  396  §  55. 

Chapter  27.  —  Of  Towns  and  Town  Officers. 

Town  may  be  sued  for  labor  for  a  contractor  on  pul)lic  works.  St.  1892, 
270.     (See  1896,  444.) 

Deposits  of  town  moneys  regulated.     St.  1893,  266. 

And  payment  of  moneys  received  from  liquor  licenses.  St.  1897,  233; 
1898,  361. 

Sects.  2-6.  Provision  for  definition  and  preservation  of  town  boundary 
lines.     St.  1888,  336. 


Chap.  27.]  PUBLTC    STATUTES.  899 

Sects.  9,  10.  Towns  may  lease  public  buildings,  except  school-houses, 
to  grand  army  and  veteran  firemen's  associations.  St.  1885,  60;  1891, 
218.     Must  provide  a  town  seal.     St.  1898,  389. 

May  take  lands  for  public  parks.  St.  1882,  154;  1890,  240;  1893,  300. 
(See  1893,  75,  416  ;  1896,  199,  313 ;  1897,  379.)  And  for  preservation  of 
forest  trees  or  preservation  of  water  supply.  St.  1882,  255;  1896,  190. 
And  for  purification  and  disposal  of  sewage.  St.  1890,  124.  And  for 
public  libraries.     St.  1894,  145.      (See  1890,  347;  1892,  255;  1897,  134.) 

Ma}'^  provide  by  by-law  for  making  all  drains  and  sewers  main  drains 
and  common  sewers.  St.  1895,  227.  (See  1896,  251  §  2;  1897,  274.) 
For  licensing  plumbers.  St.  1888,  105;  1893,  477;  1894,  454;  1895,  453. 
For  regulating  use  of  sewers.     St.  1897,  116. 

May  vote  to  charge  interest  on  sewer  and  sidewalk  assessments.  St. 
1896,  251. 

May  lay  out,  alter  and  widen  highways  and  county  bridges.  St.  1891, 
170.     (See  1894,  497  §  1 ;   1898,  476.) 

May  authorize  structures  to  avoid  grade  crossing  of  railroad  and  street 
railway.     St.  1898,  404. 

May  lay  out  and  maintain  bicycle  paths.  St.  1898,  351.  (See  1894, 
479;   1898,  121.) 

May  adopt  act  providing  for  extermination  of  insect  pests.     St.  1893,  78. 

May  establish  and  maintain  public  play-grounds.  St.  1893,  225.  Cex-- 
taiu  towns  may  lease  open  spaces  for  play-grounds.  St.  1893,  331.  (See 
1893,  300,  416.) 

May  regulate  width  of  tires  on  vehicles  owned  in  the  town.  St.  1895, 
296. 

May  give  the  improvement  of  public  grounds  to  corporations  organized 
for  the  purpose.  St.  1885,  157.  (See  1893,  300  §  6,  331,  416;  1897, 
254.) 

May  manufacture  and  distribute  gas  and  electricity  on  certain  condi- 
tions. St.  1891,  370;  1892,259;  1893,454;  1894,  182,448,  533,538; 
1895,  350,  420;  1896,  356,  426,  480. 

Sect.  10.  Towns  may  contract  for  disposal  of  garbage,  refuse  and  offal. 
St.  1889,  377. 

May  contract  with  hospitals  for  temporary  care  of  the  sick.  St.  1890, 
119.     (See  1891,  90.) 

May  employ  counsel  at  hearings  before  legislative  committees.  St. 
1889,  "^380. 

May  appropriate  money  to  pay  surety  companies  as  sureties  on  bonds  of 
town  officials.     St.  1897,  132. 

May  pay  interest  on  public  gifts  in  certain  cases.     St.  1895,  217. 

May  raise  money  to  erect,  dedicate  and  repair  monuments  to  soldiers 
and  sailors  in  national  wars.  St.  1884,  42;  1886,  76;  1896,  291.  (See 
1898,  525.)  To  firemen  fatallv  injured  in  performance  of  their  duties. 
St.  1896,  455.     And  to  mark  spots  of  historic  interest.     St.  1896,  477. 

May  furnish  State  and  militarv  aid  to  soldiers  and  sailors.  St.  1894, 
279,  301;  1895,  361;  1898,  525,V)61,  570.  (See  18«9,  279,  301.)  Shall 
support  certain  soldiers  and  sailors  and  their  families.  St.  1890,  447; 
1893,  279;  1898,  356.     (See  1888,  438;   1889,  298;  1893,  237.) 


900  ChATs^GES    IX    THE  [Chap.  27. 

Sect.  10,  2(1  clauf?e.  May  unite  -nitli  other  towns  to  emplo}'  a  superin- 
tendent of  schools.  St.  1898,  466.  (See  1888,  431;  1893,  200.) 
3d  clause.  See  St.  1891,  90;  1898,  425  §  5.  8th  clause.  See  St.  1890, 
447;  1893,  237,  279;  1894,  301.  Last  clause.  See  St.  1888,  304;  1889, 
312;  1890,  347;  1892,  255. 

Provision  for  furnishing  towns  with  steam  rollers  for  construction  of 
macadamized  roads,  upon  certain  conditions.  St.  1896,  513.  (See  1894, 
497;  1895,  347,  486;  1896,  345;  1898,  365,  404.) 

Certain  towns  may  water  streets  and  assess  cost  thereof  on  the  abutters. 
St.  1895,  186. 

Skct.  11.  Towns  ma}'  appropriate  money  for  certain  anniversary  cele- 
brations.     St.  1889,  21;  1892,  166.     And  July  fourth.     St.  1896,  152. 

Sect.  12.  May  raise  fifty  cents  per  poll  for  plantiuo;,  etc.,  of  shade 
trees.  St.  1885,  123  §  1.  (See  1890,  196;  1891,49;  1892,  147;  1893, 
78,  403,  423  §  26;  1896,  190;  1897,  254,  428.)  May  appoint  a  forester 
and  provide  for  protection  of  trees  and  woodlands.     St.  1897,  254,  428. 

Sects.  13,  14.  An  act  relating  to  use  of  public  baths  and  wash  houses 
and  authorizing  towns  to  furnish  instruction  in  swimming.     St.  1898,  125. 

Sect,  15.  Selectmen  may  regulate  use  of  carriages,  etc.,  in  streets,  under 
P.  S.,  ch.  28  §  25.  St.  1885^,  197.  (See  1894^479;  1895,  296.)  And 
itinerant  musicians  and  coasting.  St.  1892,  390.  Towns  may  make 
by-laws  providing  for  removal  of  snow  from  sidewalks.     St.  1898,  190. 

Sect.   16.     See  St.  1898,  168. 

Sect.  27.  Towns  having  a  water  supply  may  contribute  Avith  otlier 
towns  to  construct  a  sewerage  sj'stem  to  protect  the  puritv  of  such  supply. 
St.  1888,  160. 

Sects.   28,  29.     See  St.  1884,  129;   1896,  269. 

Sect.  34.  No  fee  for  detention  and  support  shall  be  allowed  unless  it 
appears  by  officer's  return  that  defendant  Avas  actually  detained  in  the 
lock-up.     St.  1890,  166. 

Sect.   41  extended  to  public  library  buildings.     St.  1894,  145. 

Sects.  44-49  are  extended  to  all  persons  and  corporations,  and  to  electric 
light  and  telephone  wires.  St.  1883,  221 ;  1887,  385  §  8  ;  1889,  398,  434  ; 
1895,  350,  420.      (See  1884,  302,  306;  1887,  382;  1896,  338.) 

Sects.  48,  129.  Superior  court  given  concurrent  jurisdiction.  St. 
1891,  293. 

Sects.  52-69.  The  laws  relating  to  town  meetings  and  election  of  town 
officers  are  revised.  St.  1898,  548^  Title  XI.  (See  1883,  229;  1884,  208 
§  4,  299;  1885,  5,  261;  1886,  262,  264,  295;  1887,  249,  371;  1888,  221, 
353;  1889,  98,  191;  1890,  351,  419,  423;  1891,  10,  31,  32,  74,  155,  242, 
270,  .305,  336;  1892,  51,  124.  190,  224,  280,  351;  1893,  60,  87,  177,  304, 
417,  423;  1894,  16,  132;  1895,  89,  142,  285,  299,  507;  1896.  73,  251  §  2, 
498;  1897,  91,  530;  1898,  83,  378,  379.) 

Sect,  .55,  See  St.  1888,436  §  10;  1890,  386  §  3;  1892,  124;  1893, 
417  §§  260,  345;  1898,  548. 

Sects.   64,  66-68,  70,  73,  74,  77-81,  83,  84,  86,  87,  89-91,  93,  94,  97, 

98  are  repealed.     St.   1893,  417  §  345.      (See  1894,  16,  132;   1898,  548.) 

Sects.   71,  72,  75,   76,  82,  85,  88,  92,  95,  96,  99-128  are  repealed,  and 

laws  as  to  powers  and  duties  of  town  officers  revised.     St.   1893,  423 ; 


ciiAP.  28.]  Public  Statutes.  901 

189-t,   17.      (See  1886,  295;   1888,  221;   1880,  98,   178;   1893,  60;   1896, 
190;  1897,  251,  428;  1898,  208,  453.) 

A  woman  may  be  chosen  overseer  of  the  poor.  St.  1886,  150.  Or  as- 
sistant town  or  city  clerk.  St.  1895,  142.  (See  1891,  343;  1893,  60, 
423  5?  4.) 

Provision  for  park  commissioners.  St.  1882,  154  §  1.  For  town  auditors. 
St.  1893,  417  §  26G,  423  §  20.  (See  1886,  295;  1888,  221;  1889,  191; 
1890,  254.)  Sewer  commissioners.  St.  1893,  304,  417  §  266.  (See 
1893,  423  §  24.)  Superintendents  of  streets.  St.  1893,  423  §  25.  (See 
1889,  98,  178.)  Iligliway  surveyors.  St.  1895,  374.  (See  1893,  417 
§  266,  423  §  21  ;  1894,  17.)  Boards  of  health.  St.  1894,  218,  473;  1895, 
398,  506.  (See  1885,  307;  1897,  428  §  2.)  Commissioners  of  public 
burial  grounds.  St.  1890,  264.  Assistant  town  clerks.  St.  1893,  423 
§  4.  (See  1893,  60;  1895,  142.)  Tree  wardens.  St.  1896,  190.  (See 
1897,  254,  428  §  1.)  Employees  may  be  allowed  a  half  holiday  once  a 
week.     St.  1898,  367. 

Town  officers  shall  demand  and  receive  from  their  predecessors,  under 
oath,  their  official  records,  papers,  etc.  St.  1897,  439  §  9.  (See  1891, 
340.) 

Skct.  85.  Police  officers  may  be  assigned  to  agricultural  and  horticult- 
ural exhibitions.  St.  1892,  180.  Provision  for  street  railway  police.  St. 
1895,  318.     (See  1892,  413;  1896,  225,  338.) 

Special  officers  for  emergencies  must  be  residents  of  the  Commonwealth. 
St.  1892,  413. 

Sect.  95  et  seq.  Town  clerks  shall  give  bonds  to  account  for  moneys 
received  for  dog  licenses.  St.  1888,  320.  (See  1888,  308.)  They  must 
keep  and  use  a  town  seal.     St.  1898,  389. 

Shall  make  returns  of  votes  on  acceptance  of  acts  by  the  town.  St. 
1883,  100.  (See  1890,  175,  423  §  155;  1893,  417  §  203;  1894,  132;  1898, 
453,  525  §  3,  548.) 

Shall  notify  commissioners  of  prisons  of  appointment  of  certain  police 
officers  and  constables.     St.  1892,  290. 

Sects.  102-104.  Form  of  oath  modified.  Provision  to  punish  fraud  in 
valuations.     St.  1885,  355;   1893,  423  §  10. 

Sects.  105,  129  et  seq.  Provision  for  summary  investigation  of  town 
expenditures.     St.  1898,  432. 

Sects.  108,  109.     See  St.  1892,  370;   1893,  423  §  17. 

Sect.  112  ei  seq.  Town  clerks  shall  return  names  of  constables  to  clerks 
of  county  courts  within  seven  days  after  they  qualif}^     St.  1889,  384. 

Sect.   129  is  revised.     St.  1898,  490.     (See  1891,  293.) 

Sect.  130  applies  to  St.  1893,  423  §  41. 

Chapter  28. —Of  Cities. 

General  provision  is  made  for  the  establishment  of  city  governments. 
St.  1892,377.  (See  1894,  446;  1898,  554,  558.)  Amf  for  boards  of 
license  commissioners.     St.  1894,  428;  1895,  379;   1896,  396. 

Words  "  mayor  and  aldermen  "  defined.     St.  1882,  164. 

Pi-ovision  made   for  acting  mayor  in  case  of  death,   absence,   etc.,  of 


902  Changes  ix  the  [Chap.  28. 

mayor.      St.    1890,   380.      (See   1882,    182.)      For  appointment  of  con- 
stables.    St.  18'.)8,  208. 

Deposits  of  city  moneys  regulated.  St.  1893,  266.  And  payment  to 
state  treasurer  of  part  of  moneys  received  from  liquor  licenses.  St.  1897, 
233;    1898,  361. 

City  may  be  sued  for  labor  for  a  contractor  on  public  works.  St.  1892, 
270.      (See  1896,  444.) 

City  otlicers  shall  demand  and  receive  from  their  predecessors,  under 
oath,  their  official  records,  papers,  etc.  St.  1897,  439  §  9.  (See  1891, 
340.) 

Provision  for  summary  investigation  of  municipal  expenditures.  St. 
1898,  432. 

City  clerks  shall  notify  secretary  of  the  Commonwealth  of  vote  on  acts 
to  take  effect  on  acceptance.     St.  1883,  100.     (See  1898,  525  §  3.) 

Duties  under  election  laws.  St.  1898,  548.  (See  1884,  299  §  4; 
1886,  78;  1888,  437;  1890,  175,  423  §§  71,  155;  1893,  417  §§  105,  179, 
465;  1895,  507  §  22:,  1896,  244,  498,  518;  1897,  530  §  23;  1898,  378, 
379,453.) 

They  must  return  to  clerks  of  courts  names  of  constables  elected  or  ap- 
pointed.     St.  1889,  384. 

And  must  notify  prison  commissioners  of  appointment  of  certain  police 
officers  and  constables.     St.  1892,  290. 

Cities  may  lay  out  lands  for  public  parks.  St.  1882,  154;  1890,  240; 
1893,300.  (See  1893,75,416;  1894,497  §  1;  1896,  199;  1898,476.) 
And  for  preservation  of  forests  or  of  water  supply.  St.  1882,  255.  May 
designate  and  preserve  shade  trees.  St.  1890,  196,  Provide  for  exter- 
mination of  insect  pests.  St.  1893,  78.  Establish  and  maintain  public 
play-grounds.  St.  1893,  225.  Lease  open  spaces  for  play-grounds.  St. 
1893,  331.  (See  1885,  157;  1893,  300  §  6.)  Lay  out  and  maintain 
bicycle  paths.     St.  1898,  351.     (See  1894,  479;   1898,  121.) 

May  authorize  structures  to  avoid  grade  crossing  of  railroad  and  street 
railway.     St.  1898,  404. 

May  lease  public  buildings,  except  school-houses,  to  grand  army  or  vet- 
eran firemen's  associations.     St.  1885,  60;   1891,  218. 

May  appropriate  money  for  enforcement  of  civil  service  laws.  St.  1887, 
345.  For  certain  anniversary  celebrations.  St.  1892,  166.  For  repair- 
ing or  decorating  graves  or  memorials  of  firemen  killed  in  performance  of 
duty.  St.  1896,  455.  And  to  pay  charge  of  insurance  companies  acting 
as  surety  on  bonds  of  city  officers.     St.  1898,  45. 

May  indemnify  police  officers  for  injuries  or  expenses  incurred  while 
acting  as  such.  St.  1888,  379.  And  persons  required  to  assist  them.  St. 
1893,  186.     May  pension  firemen.     St.  1898,  267. 

Provision  for  a  half  holiday  a  Aveek  to  employees.     St.  1898,  367. 

May  pay  interest  on  public  gifts  in  certain  cases.     St.  1895,  217. 

Ma}',  by  ordinance,  recpiire  all  fees,  charges  and  commissions  allowed  to 
officials  to  be  paid  into  the  treasury.  St.  1888,  308.  Regulate  sale  of 
prepared  wood,  slabs  and  edging.  St.  1891,  136.  And  width  of  tires  on, 
vehicles  owned  in  the  city.  St.  1895,296.  Provide  for  inspection  of  ice 
sold  within  the  city.     St.  1895,  338.      (See  1886,  287.)     For  making  all 


Chap.  28.]  PuBLIC    STATUTES.  903 

drains  and  sewers  main  drains  and  common  sewers.  St.  1895,  227.  (See 
1896,  251 ;  1897,  274.)  For  regulating  use  of  sewers.  St.  1897,  116. 
And  for  licensing  plumbers.  St.  1888,  105  ;  1893,  477  ;  1894,  454  ;  1895, 
453. 

May  contract  for  disposal  of  garbage,  refuse,  etc.     St.  1889,  377. 

May  furnish  uiilitarv  or  State  aid  to  soldiers  and  sailors.  St.  1894,  279, 
301;  1895,  361.  (See  1889,  279,  301;  1898,  525,  529,  561,  570.)  May 
contract  with  hospitals  for  temporary  care  of  the  sick.  St.  1890,  119. 
(See  1891,  90.)  Shall  support  certain  soldiers  and  sailors  and  their 
families.  St.  1890,  447;  1893,  279;  1898,  356.  (See  1888,  438;  1889, 
298;  1893,  237.)  Shall  provide  for  treatment  of  indigent  persons  suffering 
from  contagious  or  infectious  venereal  diseases.  St.  1895,  400.  (See 
1894,  511.) 

Mav  expend  money  for  watering  streets  and  assess  the  whole  or  part  of 
the  expense  on  abutters.     St.  1897,  419.     (See  1890,  365;   1891,  179.) 

May  take  land  for  purification  and  disposal  of  sewage.     St.  1890,  124. 

May  manufacture  and  distribute  gas  and  electricity  on  certain  conditions. 
St.  1891,370;  1892,259;  1893,454;  1894,182,432,448,533,538;  1895, 
350,  420;   1896,  356,  426,  480. 

Cities  having  a  water  supply  may  contribute  with  other  cities  and  towns 
to  construct  a  sewerage  system  to  protect  purity  of  supply.  St.  1888, 
160. 

Tenure  of  police  officers  established  in  certain  cities.     St.  1890,  319. 

Members  of  the  police  may  be  pensioned  in  cities  containing  not  less 
than  seA'entv-five  thousand  inhabitants.  St.  1892,  378.  (See  1892,  353; 
1893,  51;   1898,  172.) 

Provision  for  street  railway  police.  St.  1895,  318.  And  a  reserve  police 
in  certain  cities.     St.  1896,  314. 

Police  matrons  and  houses  for  detention  of  women  are  required  in  cer- 
tain cities.     St.  1887,  234;   1888,  181. 

Board  of  police  for  citv  of  Boston  to  be  appointed  by  the  governor.  St. 
1885,323;  1889,419;  1894,266.  (See  1890,  122,  440;  1896,338;  1898, 
172,  282,  366,  410,  412.) 

Sect.  3.     See  St.  1898,  168. 

Sect.  6.  Any  item  in  an  ordinance  or  vote  involving  an  appropriation 
of  money,  or  raising  a  tax,  may  be  separately  vetoed.     St.  1885,  312  §  3. 

Sect.  7.  Mayor  may  not  vote  in  board  of  aldermen  or  joint  convention. 
St.  1882,  180. 

Sect.  1 1 .  Police  officers  may  be  assigned  to  agricultural  or  horticultural 
exhibitions.     St.  1892,  180. 

Sects.  14-16.  New  division  of  wards  and  voting  precincts  in  cities  pro- 
vided for.  St.  1898,  548  §§  158-162.  (See  1884,  125,  181  §  9,  299 
§  3;  1885,  156;  1886,  78,  283;  1888,  437;  1893,  417  §§  96-98,  1894, 
224  §  9;   1896,  244,  498,  518;   1898,  378.) 

Sect.   19.     See  St.  1885,  159  §  3. 

Sect.  23.  No  member  of  a  city  council  is  eligible  b}'  the  city  council 
or  either  branch  thereof  to  any  office  the  salary  of  which  is  paid  from  the 
city  treasury.     St.  1886,  117. 

Sect.  24.     An  act  to  restrict  the  height  of  buildings  in  cities.     St.  1891, 


904  Changes  in  the  [Chap.  29. 

355.  (See  St.  1892,  419  §  86;  1896,  313;  1897,  379,  413  §  6;  1898,, 
452.) 

Sect.  25.  Selectmen  in  towns  may  make  these  rules,  etc.  St.  1885, 197. 
(See  1894,  479  ;  1895,  296.)  And  to  regulate  and  control  street  musicians 
and  coasting.     St.  1892,  390. 

Chapter  29.  —  Of  Municipal  Indebtedness. 

"Net  indebtedness"  is  defined.     St.  1883,  127. 

Skct.  4.  The  limit  of  debts  is  reduced.  St.  1885,  312.  (See  1885, 
178;   1892,  178;   1893,  23,  225  §  3,  247;   1898,  432,  434.) 

Exception  made  in  certain  cases.     St.  1886,  178,  254,  304;   1887,  312; 

1888,  73,  144,  185,  229,  392;  1889,  68,  157,  172,  176,  283  §  4 ;  1890,  65, 
120,  121,  135,  142,  203,  258;  271,  355,  357  §  10,  424,  444;  1891,  27,  150, 
212,  230,  301,  316,  323,  324;  1892,  42,  45,  150,  153,  155,  247,  367;  1893, 
37,  52,   101,   110,   128,  141,  167,  233,  245,  250,  269,  341,  449,  489  §   20; 

1894,  85,  89,  92,  99,  177,  201,  208,  210,  212,  234,  244,  286,  293,  310,  323, 
339,  340,  344,  346,  396,  403,  405;  1895,  36,  47,  74,  85,  98,  99,  130,  150, 
151  §  5,  221,  241,  274,  325,  331,  333,  346,  357,  386,  395,  417,  433,  455; 
1896,  103,  134,  142,  168,  181,  197,  200,  201,  207,  227,  233,  245,  271,  325, 
392,  395,  419,  478,  479  ;  1897,  77  §  3,  82,  87,  93,  100,  101,  102,  108,  123, 
127,  142,  159,  168,  191,  194,  211,  212,  218,  255,  258,  290,  293,  341,  393, 
417,  469,  484,  504;  1898,  123,  127,  140,  176,  179,  198,  221,  263,  276, 
289,  313,  314,  364,  383,  398,  403,  408,  419,  524. 

Damages  for  alteration  of  grade  crossings  are  excepted.  St.  1892, 
178. 

Sect.  6.  Temporary  loans  in  anticipation  of  taxes  are  limited.  St. 
1885,  312  §  4;   1888,  372. 

They  must  be  payable  within  one  year.  St.  1891,  221.  The}-  shall  not 
be  considered  in  determining  the  limit  of  indebtedness.  St.  1893,  23. 
Other  temporary  loans  authorized.     St.  1898,  526. 

Sects.  7,  8.  Issuing  bonds,  notes  or  scrip  for  city  or  town  debts  is 
authorized.  St.  1884,  129;  1892,  245  §  7;  1896,  269.  (See  1889,  166; 
1891,  321;   1896,  163;   1898,  471,  526.) 

Sect.  8  amended.  Word  "thirty"  substituted  for  "twenty"  in  fourth 
line.     St.  1892,  245  §  6.      (See  1893,  225  §  3.) 

Time   for  payment  of  "other  debts"  extended  in  certain  cases.     St. 

1889,  166;   1891,  321;   1894,  221. 

Provision  for  summary  investigation  of  municipal  expenditures.  St. 
1898,  432. 

Sect.  9.  Fixed  annual  appropriations  may  be  made  as  a  substitute  for 
a  sinking  fund.     St.  1882,  133. 

Sect.  11  is  extended.  St.  1894,  146.  Provision  for  reissue  of  bonds 
not  due  held  in  sinking  funds  for  payment  of  bonds  becoming  due.     St. 

1895,  243. 

Sinking  funds  for  sewer  debts  regulated.     St.  1892,  245  §  9. 
Sect.   15.     Management  of  surplus  accumulations  of  State  sinking  funds 
regulated.     St.  189  i,  259. 


Chaps.  30,  31.]  PUBLIC    STATUTES.  905 

Chapter  30.  —  Of  Aid  to  Soldiers  and  Sailors  and  to  their  Families. 

This  chapter  is  repealed,  and  the  law  as  to  State  and  military  aid  revised 
and  extended.  St.  1890,  447;  1894,  279,  301;  1895,  361;  1898,  356, 
529,  561,  570.  (See  1884,  34;  1885,  173,  204,  214;  1886,  39,  110;  1887, 
122;  1888,438;  1889,279,298,301;  1892,  291;  1893,  237;  1897,441. 
Res.  1892,  84.) 

Certain  army  nurses  ma}^  receive  state  aid.     St.  1895,  361. 

Certain  exemptions  from  taxation  are  established.  St.  1897,  148.  (See 
1894,  315;   1895,  202.) 

Cities  and  towns  must  furnish  relief  to  certain  soldiers  and  sailors  and 
their  families.  St.  1890,  447  ;  1893,  279  ;  1898,  356.  (See  1888,  438  ; 
1889,  298;   1893,  237;   1898,  529,  561,  570.) 

Provision  is  made  for  burial  of  deceased  indigent  soldiei's,  sailors  and 
marines,  and  their  widows.  St.  1896,  279;  1897,  164.  (See  1889,  395; 
1892,  184;   1894,  G2.) 

Grand  army  posts  may  distribute  aid  to  soldiers.     St.  1885,  189. 

Settlement  of  pension,  bounty  and  back  pay  claims  provided  for.     St. 

1888,  396;   1891,  196;   1898,  525.     (See  1897,  179,  399.) 
Appointment  of  State  trustees  for  the  soldiers'  home  provided  for.     St. 

1889,  282.     (See  1890,  373.) 

Sect.  1.  Salary  of  third  commissioner  fixed.  St.  1894,  279  §  9.  (See 
1885,  214;   1889,  279  §  9  ;   1892,  291.) 

Sects.  10-12,  16,  17  repealed.  St.  1889,  279  §  11.  (See  1894,  279 
§  11.) 

Chapter  31.  —  Of  the  Census,  the  Bureau  of  Statistics  of  Labor,  and 
the  Board  of  Supervisors  of  Statistics. 

Decennial  census  provided  for.  St.  1894,  224;  1897,  71.  (See  1884, 
181;   1896,  8;   1898,  68.     Res.  1895,  52.) 

Special  enumeration  provided  for  in  certain  cases.  St.  1892,  280;  1894, 
334 ;   1896,  440. 

Certain  useless  papers  may  be  burned.  St.  1887,  43.  (See  Res.  1891, 
25;   1895,  11.) 

Sects.  1-12  are  revised.     St.  1894,  224.     (See  1884,  181.) 

Sects.  13-16.  Additional  statistics  are  required.  St.  1886,  174;  1894, 
238  §  5,  332,  334.  (See  1884,  181;  1885,  156;  1888,  437  §  6;  1892, 
280;   1896,  440;   1898,  402.) 

The  report  of  the  board  may  be  in  parts.  St.  1890,  97.  (See  1894,  393 
§  7;   1898,  366.) 

Publication  of  a  bulletin  authorized.     St.  1895,  290. 

A  second  clerk  is  provided  for.  St.  1884,  4.  And  a  registrar  of  labor. 
St.  1895,  376.      (See  1884,  320.)     And  special  agents.     St.  1897,  430. 

Clerks'  salaries  fixed.     St.  1888,  115.     (See  1884,  4.) 

Sect.   17  is  amended.     St.  1886,  101  §  4;   1898,  433  §  24. 


906  ChAXG^ES   IX   THE  [Chaps.  32-36. 


Chapter  32.— Of  the  Registry  and  Return  of  Births,  Marriages  and 

Deaths. 

This  chapter  is  revised.  St.  1897,  437,  444.  (See  1883,  158 ;  1887, 
202;  1888,  63,  306;  1889,  208,  224,  288;  1890,  210,  402;  1892,  305,  314; 
1893,  263;  1894,  206,  401,  402,  409;  1897,  424,  439;  1898,  389,  458 
§  24.) 

Staudard  record  inks  are  required.     St.  1894,  378;   1898,  510^ 

Sects.  5,  6.     See  St.  1888,  306  §  2 ;   1897,  437. 

Chapter  33.  —  Of  Workhouses  and  Almshouses. 

Sect.  1.     See  1886,  319  §  3 ;   1890,  414  §  2 ;   1898,  433  §  28. 

Chapter  35.  —  Of  Fires,  Fire  Departments  and  Fire  Districts. 

Provision  for  allowance  to  families  of  firemen  fatally  injured  at  fires. 
St.  1893,  401.     Cities  may  pension  firemen.     St.  1898,  267. 

Office  and  duties  of  State  fire  marshal  established.  St.  1894,  444 ;  1895, 
452;  1896,303;  1898,  160.  (See  1886,354;  1887,231;  1888,  199;  1889, 
451;   1897,  118;   1898,  366.) 

Fire  engines  and  apparatus  have  right  of  way  in  streets.     St.  1898, 162. 

Pensions  provided  for  in  Boston.  St.  1892,  347.  (See  1880,  107; 
1888,  174;  1896,  256;  1898,  246,  267.)  Persons  five  feet  five  inches  in 
height  may  be  appointed  to  Boston  fire  department.      St.  1896,  424. 

Assistance  for  the  Massachusetts  State  firemen's  association  provided 
for.     St.  1890,  450;  1891,  274;   1892,  177;    1894,  375.     (See  1893,  401.) 

Sect.  1.  Forest  fire-wards  are  provided  for.  St.  1886,  296  §§  2,  3; 
1897,  254. 

Sects.  10,  11  were  repealed  by  St.  1888,  199,  which  was  repealed  by 
St.  1889,  451  §  8.      (See  1886,  296  §  4;  1887,  214  §  16;  1891,  229.) 

Sect.  28.     Additional  apparatus  required.     St.  1888,  310;  1898,  165. 

Board  of  fire  engineers,  or  chief  of  fire  department,  shall  investigate 
origin,  etc.,  of  fires.     St.  1889,  451;  1891,  229.      (See  1888,  199.) 

Sect.  29.  Selectmen  mav  remove  engineers  after  notice  and  hearing. 
St.  1886,  113. 

Sect.   35.     Penalties  prescribed  for  violations  of  rules.     St.   1888,  220. 

Sect.  40.  Fire  districts  may  incur  debts  for  temporary  loans  in  atici- 
pation  of  taxes.     St.  1896,  280'. 

Sect.  50.  Polls  to  be  kept  open  "  not  less  than  one  hour."  St.  1898, 
155,  548. 

Sect.  51.     H5'drant  and  water  service  added.     St.  1895,  295. 

Chapter   36.  — Of  Fences  and   Fence   Viewers,   Pounds    and  Field 

Drivers. 

Sects.  1-19.     Fences  and  like  structures  over  six  feet  in  height,  mali- 
ciously erected,  etc.,  are  declared  nuisances.     St.  1887,  348. 
Barbed  wire  fences  are  restricted.     St.  1884,  272. 


Chaps.  37-40.]  PUBLIC    STATUTES.  907 


Chapter  37.— Of  the  Public  Records. 

This  chapter  is  revised.  St.  1897,  439.  (See  1885,  190;  1886,  207; 
1887,  202;  1888,  307;  1870,  227,  392;  1891,  225,  281,  340;  1892,  333; 
1894,  350,  402  §  1 ;  1898,  67,  453.) 

A  commissioner  of  public  records  is  established,  his  duties  prescribed 
ami  salary  fixed.     St.  1892,  333;  1898,  67. 

Provisiou  for  arraugiuii;  aud  recordiug  certaiu  woru  or  indistinct  records, 
etc.     St.  1891,  225;  'l8:)2,  253. 

vStandard  record  inks  are  required.     St.  1894,  378;  1898,  510. 

Sei'Ts.  14,  15.  lu  Boston,  city  registrar  shall  perform  duties  of  city  or 
towu  clerk  uuder  these  sections.     St.  1892,  314  §  3. 


Chapter  38.  —  Of  Parishes  and.  Religious  Societies. 

Provision  is  made  for  the  incorporation  aud  government  of,  and  con- 
vevauce  of  property  to,  churches.  St.  1887,  404;  1888,  326;  1891,  265; 
1895,  105.      (See  1884,  78;   1894,  126;   1898,  453.) 

And  for  sale  or  transfer  of  church  or  trust  property  by  order  of  supreme 
judicial  court.     St.  1897,  462. 

Incorporated  religious  societies  may  make  by-laws.     St.  1888,  326. 

Sect.  8.  Term  of  office  of  committee  or  assessors  regulated.  St.  1894, 
126. 

Sect>.  18,  19.  Religious  societies  shall  not  assess  taxes  except  upon 
their  pews.  St.  1887,  419.  Members  shall  not  be  personally  liable  for 
parish  debts.     St.  1897,  241. 

Sect.  21  is  repealed.     St.  1887,  419. 

Sects.  25,  29,  47  are  amended.     St.  1897,  496. 

Sect.  43  is  extended.     St.  1886,  239. 

Chapter  39.  —  Of  Donations,  and  Conveyances  for  Pious  and  Char- 
itable Uses. 

Sect.  1.  Churches  may  appoint  trustees,  who  shall  be  a  body  corporate 
for  the  purposes  of  this  section.  St.  1884,  78.  (See  1887,404;  1891, 
265.) 

Real  estate  held  by  deacons  may  be  conveyed  to  the  church,  if  incorpo- 
rated.    St.  1887,  404  §  7. 

Chapter  40.  —  Of  Library  Associations. 

Sect?.  3,  13  are  amended.     St.  1897,  496.      (See  1897,  505.) 

Sect.  6.  Allowance  made  to  county  law  libraries.  St.  1882,  246; 
1885,  345  §  6. 

Sect.  9  et  seq.  The  election,  powers  and  duties  of  trustees  of  free  pub- 
lic libraries  and  reading  rooms  are  regulated.     St.  1888,  304;   1889,  112. 

A  board  of  lil)rary  commissioners  is  provided  for.  St.  1890,  347;  1897, 
134.  Thev  are  authorized  to  aid  free  libraries  in  certaiu  towns.  St.  1892, 
•2:u}.      (See  1892,  422;   1898,  366.) 


908  Changes  rN"  the  [Chaps.  41-44. 


Chapter  41.  —  Of  the  Board  of  Education. 

Sects.  3,  7  are  revised.     St.  1898,  41)(;. 

Sect.  8.  Salary  of  the  secretary  of  the  board  fixed.  St.  1894,  176. 
(See  1885,  227;  1892,  287;  1893,  86;  1898,  366.)  Clerical  and  mes- 
senger service  provided  for.     St.  1895,  132. 

No  agent  of  the  board  shall  be  pecuniarily  interested  in  publication  or 
sale  of  school-books  or  supplies.     St.  1896,  429.     (See  Res.  1897,  69.) 

Sects.  8,  11.     See  St.  1893,  86  §  2. 

Sect.  12.  The  board  has  the  management  of  the  State  normal  school 
boarding-houses.  St.  1891,  384.  (See  1886,  298  §  9;  1894,  457;  1895, 
258;  1896,  133;  1898,433  §  26.)  And  the  supervision  of  the  pupils  in 
the  Perkins  institution  and  Massachusetts  school  for  the  blind.  St.  1885, 
118.  It  may  establish  an  educational  museum.  St.  1894,  230.  Shall 
provide  for  examiuation  and  certification  of  teachers.     St.  1894,  329. 

Sects.  16,  17.  The  provisions  for  the  instruction  of  deaf-mutes  aud 
deaf  children  are  revised  and  extended.  St.  1888,  239  ;  1889,  226.  (See 
1886,  241;   1887,  179.) 

Chapter  42.  —  Of  Teachers'  Institutes  and  Associations. 

Sect.  1.  Twenty-five  teachers  in  three  contiguous  towns  may  form  an 
institute.     St.  1896,  186. 

Chapter  43.  — Of  the  School  Funds. 

Sects.  1,  2.  Certain  payments  into  the  fund  are  provided  for.  St. 
1890,  335.     Res.  1894,  90. 

Sect.  3  is  repealed.  St.  1884,  22.  The  distribution  of  the  income  is 
revised.     St.  1891,  177;   1893,  272.     (See  1884,  22;   1885,  227.) 

Chapter  44.  — Of  the  Public  Schools. 

No  foreign  flag  or  emblem  may  be  displayed  on  a  public  school-house. 
St.  1895,  115.     (See  1895,  181.) 

Provision  is  made  for  a  State  nautical  training  school.  St.  1891, 
402;  1893,  124.  (See  Res.  1891,  4.)  And  for  textile  schools  in  certain 
cities.     St.  1895,  475. 

Free  scholarships  in  the  Massachusetts  institute  of  techuologv  are  pro- 
vided for.  Res.  1887,  103;  1895,  70.  St.  1896,  310.  And  iii  Worcester 
polytechnic  institute.      St.  1896.  407. 

School  committees  of  cities  and  towns  maintaining  free  evening  schools 
may  provide  free  evening  lectures.     St.  1893,  208. 

They  shall  furnish  public  schools  with  a  national  flag.  St.  1895,  181. 
(See  1895,  115.) 

Pretending  in  writing  to  hold  a  degree  of  a  college  or  school,  granting 
degrees  without  authority,  and  false  assertions  in  writing  of  the  approval 
by  a  college  or  professional  school  of  a  person,  process  or  goods,  are  made 
crimiuul  offences.     St.  1893,  355. 


Chaps.  45-47.]  PUBLIC    STATUTES.  909 

Sects.  1,  2,  7,  12,  13,  16  are  revised.  St.  1898,  496,  580.  (See  1883, 
174;  1884,  69;  1885,  332;  1886,  236;  1887,  433  §  4;  1891,  263,  426; 
1892,  62  ;  1894,  231,  320,  436, 471  ;  1895,  94,  212  ;  1896,  382.  )  Vivisection 
is  forbidden  and  dissection  restricted  in  public  schools.     St.  1894,  151. 

Small  towns  may  be  assisted  from  income  of  school  fund  to  pay  salaries 
of  teachers  of  exceptional  ability.     St.  1896,  408;   1897,498. 

The  last  session  prior  to  IMemorial  day  shall  be  devoted  to  exercises  of 
a  patriotic  nature.     St.  1890,  111. 

Sect.  21.     See  St.  1893,  417  §  266;  1894,  16. 

Sect.  26.  Number  of  committee  ma}^  be  changed  at  a  special  meeting 
in  towns  in  which  ballots  for  town  otticers  are  furnished  by  the  town.  St. 
1896,  319  ;   1898,  548. 

Sect.  28.  Diploma  of  a  State  normal  school  may  be  accepted  in  lieu  of 
a  personal  examination  of  a  teacher.     St.  1891,  159. 

Additional  normal  schools  and  model  and  practice  schools  in  connection 
therewith  are  provided  for.  St.  1894,  457;  1895,  258.  (See  1896,  33.) 
Provision  for  examination  and  certification  of  teachers  by  the  board  of 
education.     St.  1894,  329. 

Teachers,  after  a  year's  service,  may  be  appointed  to  serve  during  the 
pleasure  of  the  committee.     St.  1886,  313. 

Sects.  35-40  are  repealed.  Text-books,  supplies,  etc.,  are  furnished 
free.     St.  1884,  103;   1885,  161.     (See  1884,  69;   1885,  67.) 

Sects.  41-46.  The  district  S3'stem  is  abolished.  St.  1882,  219.  (See 
1884,  122.) 

Sect.  43.     See  St.  1898,  466  §  5. 

Sects.  44,  45.  Provision  to  aid  small  towns  to  unite  to  employ  a  super- 
intendent. St.  1888,  431;  1893,  200;  1894,  58;  1898,  466.  (See  1890, 
379;   1891,  272;   1892,  301,  344,  360;   1896,  408;   1897,  498.) 

Sect.  46.  Provision  for  schools  in  Boston.  St.  1895,  408  ;  1897,  202, 
442;   1898,  400.     (See  1892,  419  §  24;   1898,  228,  284,  340.) 

Chapter  45.  — Of  School  Districts. 

The  school  district  system  is  abolished.  St.  1882,  219.  But  the  right 
to  sue  or  defend  for  districts  is  reserved.     St.  1884,  122. 

Chapter  46.  — Of  School  Registers  and.  Rettirns. 
Sects.  1-7,  10-13,  15  are  repealed  and  revised.     St.  1898,  496  §§  13-20, 
36.      (See  1888,  348  §  7 ;   1891,  99;   1896,  179.) 

Chapter  47.  — Of  the  Attendance  of  Children  in  Schools. 

This  chapter  is  repealed,  and  the  laws  relating  to  school  attendance  and 
truancy  are  revised.  St.  1898,  496,  580.  (See  1883,  174  §  3,  245 ;  1885, 
71;  1887.  433;  1888,  348;  1889,  135,  249,  422,  464;  1890,  48,  299,  309, 
384;  1891,317,  361,  426;  1892,  62;  1893,  253;  1894,  188,  498,  508 
§§  13,  14;  1896,  360;  1897,  236;  1898,  315,  494.) 

Sect.  9.  Additional  provisions  to  prevent  introduction  of  contagious 
diseases  into  schools.  St.  1884,  64;  1890,  102;  1898,  496  §  11.  (See 
1884,  98;  1885,  198;   1894,  498  §  9,  515.) 


910  Changes  ii^"  the  [Chaps.  48, 49. 

Exemption  from  vaccination  allowed  in  certain  cases.  St.  1894,  515 
§  2;   1898,  496  §  11. 

Chapter  48,  — Of  the  Employment  of  Children  and  Regulations  re- 
specting Them. 

The  laws  relating  to  the  employment  of  children  are  revised.  St.  1894, 
508;  1896,  288;  1898,  394,  494,  505.  (See  1882,  150;  1883,  157,  224; 
1884,  275;  1885,  222,  305;  1885,  87;  1887,  103,  121,  173,  215,  218,  280, 
330,  399,  422,  433;  1888,  149,  305,  348;  1889,  135,  229,  291;  1890,  48, 
90,  183,  299;  1891,  239,  317,  350;  1892,  83,  210,  296,  330,  352,  357, 
410;   1894,498;   1896,382;   1897,236;   1898,496.) 

Deductions  in  wages  are  restricted.     St.  1898,  505. 

Children  under  ten  shall  not  be  permitted  to  enter  street  cars  to  sell 
newspapers,  etc.     St.  1889,  229. 

Sect.  7  repealed.     St.  1887,  433  §  5. 

Sects.  8,  9  are  repealed.     St.  1894,  508  §  80.     (See  1885,  305.) 

Admission  of  children  under  thirteen  to  certain  shows  and  places  of 
amusement  is  restricted.     St.  1887,  446. 

Illegal  peddling  and  besgiug  by  children  are  prohibited.  St.  1887,  422. 
(See  1885,  305;    1892,  331.) 

Sect.  10  repealed.     St.  1898,  496  §  36. 

Sects.  11-21  are  repealed  and  the  ti-uant  laws  revised.  St.  1898,  496. 
(See  1886,  101  §  4;  1889,  249;  1890,  309;  1891,  426;  1892,  62;  1893, 
253,  270;  1894,  498,  508  §§  12,  14;  1896,  360;  1897,  236;  1898,  315, 
433  §  28,  443.) 

Sects.  18-27.  Further  provisions  made  for  care,  education  and  protec- 
tion of  neglected,  destitute  and  abandoned  children.  St.  1882,  181,  270; 
1883,232;  1885,  176;  1886,  330;  1887,  401;  1888,  248;  1889,  230,  309; 
1891,  194;  1892,  318;  1893,  197,  217,  252,  262;  1895,  310;  1896,  288, 
382.  (See  1884,  210;  1886,  101;  1887,  441;  1889,  416;  1894,  508; 
1898,  315,  433,  496,  .580.) 

Sect.  19  is  amended.     St.  1883,  245. 

Sect.  22  et  seq.  Provisions  regulating  infant  boarding-houses  and  adop- 
tions. St.  1889,  309,  416;  1891,  194;  1892,318;  1895,  310.  (See  1882, 
270  §  3;  1898,  433  §  28,  443.) 

Chapter  49.  —  Of  the  Laying  Out  and  Discontinuance  of  Ways,  and  of 
Damages  Occasioned  by  the  Taking  of  Land  for  Public  Use. 

A  commission  for  improvement  of  public  roads  and  construction  of  State 
highways  is  provided  for.  St.  1893,  476;  1894,  497;  1896,  345,  541; 
1897,  355;  1898,  476,  528,  539.  (See  1892,  338;  1895,  347,  486;  1896, 
481,  513,  541 ;  1897,  340;  1898,  365,  404  §  4.)  They  may  furnish  steam 
rollers  to  towns  for  construction  of  roads  on  certain  conditions.  St.  1896, 
513 ;  1897,  355  §  3.  Prisoners  may  prepare  material  for  road  making. 
St.  1898,  365.     (See  1898,  393.)  ' 

A  metropolitan  park  commission  is  established.  St.  1893,  407  ;  1895, 
450,  465.  They  are  authorized  to  lay  out  roadways  and  boulevards  con- 
nected with  parks.     St.   1894,  288 ;   1898,  473.     (See  1896,  472 ;   1898, 


Chap.  49.]  PUBLIO    STATUTES.  ^^11 

4')'),  463,  530.)  And  to  join  with  a  city  or  town  to  lay  out,  widen,  etc., 
streets  iu  certain  cases.  St.  18'J6,  465.  (See  1894,  393,  483,  509  ;  1895, 
272,  283,  305;  189G,  199,  406,  550;  1897,  121;  1898,  166,  366,  455.) 
And  to  construct  a  dam  across  Charles  river.     St.  1898,  531. 

Park  coniuiissioners  are  given  certain  powers  in  I'egard  to  highways,  con- 
nected with  public  parks.  St.  1893,  300;  1896,  199,  313;  1897,  379. 
(See  1893,  416;   1894,  479;   1898,  121.) 

Description  and  plan  of  lands  taken  for  highway  must  he  liled  in  registry 
of  deeds.     St.  1898,  134. 

Sects.  1,  10,  13.  Towns  may  alter,  etc.,  but  not  discontinue,  county 
highways  or  bridges  within  their  limits.  St.  1891,  170.  (See  1893,  65, 
380;   1895,  227.) 

Land  may  be  taken  for  public  parks.  St.  1882,  154;  1890,  240.  (See 
1893,  225,  300,  331 ;  1896,  199.)  For  laying  out  bicycle  paths.  St.  1898, 
351. 

For  the  cultivation  or  preservation  of  trees.  St.  1882,  255.  (See  1885, 
123,  157;  1886,  296;  1890,  196;  1891,  49;  1892,  147;  1896,  190;  1897, 
254,  428.) 

And  for  the  purification  and  disposal  of  sewage.     St.  1890,  124. 

Sewer  and  water  pipes  may  be  laid  in  ways  before  taking  possession  for 
construction.     St.  1893,  65. 

Spaces  may  be  reserved  in  ways  for  certain  special  uses.     St.  1894,  324. 

Skcts.  6,  14  et  seq.  County  commissioners  may  lay  out,  etc.,  highways 
under  the  betterment  law,  where  accepted.  St.  1887,  124.  (See  1884, 
226;   1898,  134.) 

They  may  determine  locations  of  public  landing  places.     St.  1882,  109. 

Sect.  18.  New  provision  made  in  regard  to  payment  of  damages.  St. 
1883,  253. 

Sects.  33,  79,  86,  91  revised  and  extended.  Time  for  application  for  a 
jury  more  particularly  defined.     St.  1892,  415. 

Sect.  47.     Officers' ^jer  diem  for  attendance  fixed.     St.  1882,  96. 

Sects.  84-86  are  revised  and  methods  of  locating,  laying  out  and  con- 
structing ways  in  Boston  regulated.  St.  1888,  3^97;  1891,  323;  1892, 
401,  415  §  3,  418;  1895,  439,  494;  1896,  237;  1897,  166,  167,  319,  394; 
1898,  210,  252,  298,  566.  (See  1893,  339,  478;  1894,  439;  1895,  334, 
449  §  23  ;   1896,  204,  209,  492  ;   1897,  202  §  2,  500  §  9  ;   1898,  340,  540.) 

Sect.  88.  Provision  for  extending  limit  of  time  by  agreement.  St., 
1893,  82. 

Sect.  91.  Application  for  jury  may  be  brought  within  the  time  speci- 
fied in  section  33,  notwitlistanding  the  charter.     St.  1892,  415  §  4. 

Sect.  102.     See  St.  1898,  562^§§  90,  91. 

Sect.  105.  Petition  for  damages  for  land  taken  by  a  town  in  Dukes  or 
Nantucket  may  be  brought  in  Bristol  county.  St.  1887,  50.  (See  1885, 
384  §  1.) 

Sect.  107.  xVuditors  may  be  appointed  in  the  discretion  of  the  court. 
St.  1894,  175. 


912  Changes  in  the  [Chaps.  so,  sl 


Chapter  50.  —  Of  Sewers,  Drains  and  Sidewalks. 

A  meti'opolitau  system  of  sewerage  is  provided  for.  St.  1889,  439; 
1895,342,406;  1897,  80,  81,83,  88,  502.  (See  1890,  94,  270;  1891, 
192;   1892,  68,  251;   1894,  307;   1895,  294;   1898,  366,  424.) 

Sect.  1 .  Cities  and  towns  may  take  land  for  the  purification  and  dis- 
posal-of  sewage.     St.  1890,  124.     (See  1888,  160.) 

Sect.  2.  Description  and  plan  of  lands  taken  must  be  filed  in  registry 
of  deeds.     St.  1898,  134. 

Sects.  1,  3-8.  Construction  of,  and  assessments  for,  sewers  regulated. 
St.  1891,  97;  1892,  245;  1893,  65,  380;  1895,  117,  127,  227;  1896,  236, 
251;   1897,    138,   151,274.     In  Boston.     St.   1892,402;   1894,227,256 

1895,  297,  494;    1896,  237,  359;   1897,  426;   1898,  257.      (See  1886,  210 
1889,   456;   1890,    346;    1891,    323;     1892,   418;    1893,  304,  417   §   266 

1896,  238,  243.) 

Provision  made  for  enforcing  connection  with  public  sewers.  St.  1889, 
108;  1890,  132.  (See  1892,  245  §  4.)  And  repair  of  private  drains  in 
streets.  St.  1893,  312.  Cities  and  towns  may  provide  for  making  all 
drains  and  sewers  main  drains  and  common  sewers.  St.  1895,  227.  And 
for  regulating  use  of  sewers.      St.  1897,  116. 

Sects.  5,  7.     Land  sold   may  be  redeemed  as  if  sold  for  taxes.     St. 

1883,  145.  The  lien  shall  continue  two  years.  St.  1886,  210;  1886,  236. 
(See  1884,  237;  1891,  97;  1892,  245  §"^1;  1895,  117;  1897,  138.)  Real 
estate  assessed,  defined.     St.  1894,  528. 

Sect.  20.  Construction  of  and  assessments  for  sidewalks  in  cities  regu- 
lated. St.  1895,  444;  1896,251.  (See  1891,  323  ;  1892,  401,  418  ;  1893, 
437;  1894,  82;  1895,  186,  297,  494;  1896,  158,  237,345;  1897,  419; 
1898,  566.) 

Sect.  21.      Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Sect.  25.  Tn  cities  which  accept  the  act  assessments  may  be  appor- 
tioned into  not  more  than  ten  annual  instalments.  St.  1891,  97;  1893, 
380.      (See  1892,  245  §  8 ;   1896,  158;   1897,  274.) 

Chapter  51.  —  Of  Betterments  and  other  Assessments  on  Account  of 
the  Cost  of  Public  Improvements. 

This  chapter  applies  to  alterations  of  ways  at  railroad  crossinizs.     St. 

1884,  280.  (See  1898,  578  §  20.)  And  to  "laying  out  public  parks.  St. 
1882,  1.54  §  7.      (See  1893,  300  §  2.) 

The  authorities  may  agree  to  assume  ])etterments  if  land  owners  Avill 
release  damages.     St.  1884,  226.     (See  1898,  578  §  21.) 

Sects.  1-8.  Extended  to  ways  laid  out  by  Metropolitan  Park  Commis- 
sion.    St.  1894,  288  §  2;   1898,  473. 

Sects.  1-9.  Extended  to  alterations,  etc.,  of  highways  by  towns.  St. 
1891,  170  §  3.     (See  1898,  351.) 

Provision  for  apportionment  of  assessments.     St.  1896,  158. 

Assessments  bear  interest  after  thirty  days  and  the  lien  continues  for  one 
year  after  determination  of  any  suit  to"  test  their  validity.  St.  1884,  237. 
(See  1886,  210.) 


Chaps.  52, 53.]  PUBLIC    STATUTES.  913 

Skct.  11.  Notice  of  assessment  of  betterment  mnst  be  given  within 
tlu-ec  months  to  party  to  be  charged.     St.  188o,  299. 

Conntv  commissioners  may  hiy  out,  etc.,  highways  under  the  betterment 
act,  where  aceei)ted.     St.  1887,  124.      (See  1884,  226.) 

Chapter  52,  — Of  the  Repair  of  Ways  and  Bridges. 

Sect.  1  extended.  St.  189(3,  345  §  2.  (See  1893,476;  1894,  497 
§§6,  7;   1898,  404  §  4.) 

Sect.  10,  as  to  trimming,  etc.,  of  trees,  is  revised,  St.  188.5,  123  §  2. 
(See  1890,  196;  1891,  49;  1892,  147;  1893,  78,  403;  1896,  190;  1897, 
254,  428.) 

Sects.  17,  18.  Cities  and  towns  not  liable  for  injuries  resulting  from 
a  defect  in  a  highway  consisting  of  snow  or  ice  only,  St.  1896,  540.  (See 
1893,  476  §  13l  1894,497  §§  6,  7;   1898,  455. 

Sect.  19.  If  injury  is  caused  by  a  defect  consisting  in  part  of  snow  or 
ice,  notice  must  be  given  within  ten  days.  St.  1894,  422,  (See  1896, 
544  §  2.)  Notice  shall  not  be  invalid  for  unintentionalinaccuracy  if  party 
entitled  to  notice  was  not  misled.  St.  1882,  36;  1888,  114.  Provision 
for  correcting  defects  in  notice.     St.  1894,  389.      (See  1894,  422.) 

AVords  '' in  the  superior  court"  stricken  out.  St.  1888,  114.  (See  1882, 
36.)     Liability  of  street  railway  companies.     St.  1898,  578  §§  11,  12. 

Chapter  53.  —  Of  the  Regulations  and  By-laws  respecting  Ways  and 

Bridges. 

The  use  of  bicycles,  etc.,  is  regulated.  St.  1894,  479  ;  1898,  121.  (See 
1898,  351.) 

Canals  and  watei-ways  adjudged  to  be  dangerous  to  public  travel  must 
be  fenced.     St.  1887,  393. 

Sect.  1  revised.  G-uide  posts  shall  be  erected  at  forks  and  intersections 
of  ways  leading  to  other  towns.  St.  1887,  162.  Provision  to  restrict  ad- 
vertising signs  in  streets  of  Boston.     St.  1895,  352;   1897,  413  §  6. 

Skcts.  11-14.  The  leading  or  driving  of  a  bear  or  other  dangerous  wild 
animal  upon  the  highway  is  for])idden.     St.  1894,  105. 

Sect.  13  et  seq.  Certain  rights  of  way  in  the  streets,  etc.,  are  given  to 
the  police  in  Boston.  St.  1889,  57.  (See  1893.  367  §  120.)  And  to  fire 
departments.     St.  1898,  162. 

Cities  and  towns  may  regulate  width  of  tires  on  vehicles  owned  therein. 
St.  1895,  296. 

Selectmen  in  towns  may  regulate  vehicles  in  streets.  St.  1885,  197. 
(See  1894,  479;  1898,  121.)  And  street  musicians  and  coasting.  St. 
1892,  390.     (See  1894,  479.) 

Sect.  16  amended.     St.  1892,  390. 

Sect.  18.  County  commissioners  may  regulate  the  speed  at  which  per- 
sons may  ride  or  drive  over  certain  bridges.  St.  1888,  313.  (See  1882, 
WH.) 

Sect.  28  et  seq.     See  St.  1889,  246;   1890,  118. 


914  Changes  ix  the  [Chaps.  54-57. 


Chapter  54.  —Of  the  Boundaries  of  Highways  and  other  Public  Places 
and  Encroachments  thereon. 

Provision  for  establishment  of  a  building  line  on  public  ways.  St.  1893, 
462;   1896,  313;   1897,  379. 

Erection  and  maintenance  of  posts,  wires  and  structures  in  highways 
regulated.  St.  1884,  302,  306;  1889,  398,434;  1895,  350,  420.  (See 
1883,  221.)  And  advertising  signs  on  posts  in  Boston.  St.  1895,  352; 
1897,  413  §  6. 

Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Sects.  6-11.  Further  provisions  for  planting,  cutting,  trimming,  and 
preservation  of  shade  trees.  St.  1885,  123,  157;  1890,  196;  1891,  49; 
1892,  147;  1896,  190;  1897,  254,428.  (See  Res.  1886,32.  St.  1886, 
296;   1893,  78,  403;   1897,  143.) 

Sects.  9  and  12  are  repealed.     St.  1885,  123  §  3. 

Sect.  16.     Certain  exceptions  made.     St.  1889,  129;   1893,  75. 


Chapter  56.  —  Of  the  Inspection  and  Sale   of    Butter,    Cheese,   Lard, 
Fish,  Hops,  Leather,  and  Pot  and  Pearl  Ashes. 

A  uniform  standard  is  established  for  certain  weights  and  measures.  St. 
1894,  198. 

Provision  made  for  a  State  dairy  bureau  and  protection  of  dairy  products. 
St.  1891,412;  1892,  139.  (See' 1891,  58 ;  1894,  280;  1895,  214;  1896, 
377;   1897,  349.) 

Sects.  3-21.  Sale  of  imitations  of  butter  regulated.  St.  1886,  317; 
1891,58,412;  1894,280;  1896,377.  (See  1882,  263 ;  1884,310;  1885, 
352.) 

Sale  of  adulterated  lard  regulated.     St.  1887,  449. 

Sect.  20.  Powers  and  duties  of  inspectors  increased.  St.  1884,  310 
§  2;   1885,  352  §  5;   1891,  58  §  2.      (See  1882,  263.) 

Sect.  22  et  seq.  Public  weighers  of  salt-water  tish  provided  for.  St. 
1888,  163. 

Chapter  57.  —  Of  the  Inspection  and  Sale  of  Milk. 

Municipal,  district  and  police  courts  and  trial  justices  are  given  jurisdic- 
tion under  this  chapter.  St.  1885,  149;  1897,  349.  (See  1893,  396 
§40.) 

Provision  is  made  for  a  State  dairy  bureau  and  protection  of  dairy  prod- 
ucts. St.  1891,  412;  1892,  139.  (See  1891,  bS;  1894,  280;  1895,  214; 
1896,  377;   1897,  349.) 

This  chapter  is  not  repealed  or  amended  by  St.  1882,  263.  St.  1884, 
289  §  4. 

Sect.  2  is  revised  and  powers  and  duties  of  inspectors  modified.  St. 
1884,  289,  310  §§  3,  4;  1885,  352  §§  4,  5  ;  1886,  318;  1891,  58  §  3,  412 
§  10.      (See  1895,  449  §  19;   1896,  250.) 

Sects.  5,  7,  9  are  revised.  Additional  provisions  against  adulteration 
of  milk.     St.   1884,  289,  310;   1885,  352;   18«6,  318;    1891,   412;   1896, 


Chaps.  58-60.]  PlTBLIC    STATUTES.  915 

398.  (See  1882,  263;  1889,  326;  1893,  210.)  The  sale  of  eoiulensed 
milk  is  rei2;ulated.     St.  1896,  264. 

All  act  to  protect  owners  of  cans  used  in  sale  of  milk,  cream,  etc.  St. 
1893,  440. 

Se('T.  8.  It  is  made  an  offence  to  obstruct  an  inspector.  St.  1884,  310 
§  o.  And  to  counterfeit  his  seal  or  tamper  with  samples.  St.  1886,  318 
§  4;  l.S9(),  398  §  3.  And  to  wilfully  deface  and  misuse  milk  cans.  St. 
1885,  133. 

Sect.  12  is  repealed.     St.  1885,  145. 

Chapter  58. — Of  the  Inspection  and  Sale  of  Provisions  and  Animals 
intended  for  Slaughter. 

This  chapter  is  repealed  and  the  laws  relating  to  contagious  diseases' 
among  domestic  animals  are  revised   and  codified.     St.  1894,  491 ;   1895, 
476,  496;    1896,  276;   1897,   165,  178,  499;   1898,  451.      (See  1884,  232; 
1885,   148,  378;   1887,  250,  252;   1892,  195,  432;   1893,  306;   1895,  449 
§  19;   1896,  250.) 

Further  provisions  to  prevent  adulteration  of  food  and  drugs.  St.  1882, 
263;    1884,  289;   1886,  171;   1897,  344.      (See  1883,  268;    1896,  397.) 

The  sale  of  dressed  poultry  is  regulated.  St.  1887,  94.  (See  1883, 
230.) 

Chapter  59.  — Of  the  Inspection  and  Sale  of  Certain  Oils. 

Sects.  6,  7.  Provision  is  made  to  regulate  preparation,  storage,  inspec- 
tion and  sale  of  certain  unsafe  oils,  and  kerosene  and  petroleum  products, 
and  the  erection  of  buildings  therefor.  St.  1885,  98,  122;  1894,  399. 
(See  1882,  250;   1892,  419  §  111;   1896,  520.) 

Chapter  60. —Of  the  Inspection  and  Sale  of  Various  Articles. 

A  uniform  standard  is  established  for  certain  weights  and  measures. 
St.  1894,  198;    1895,  28.      (See  1897,  443,  517.) 

An  act  to  regulate  bakeries.     St.  1896,  418.    ' 

Provision  for  inspection  of  ice  sold  in  cities.  St.  1895,  338.  And  of 
concentrated  commercial  feed  stuffs.     St.  1897,  117. 

Dealers  in  ice  must  provide  each  wagon  with  scales  and  weigh  ice  when 
recLuested.     St.  1890,  276. 

Sect.s.  11-16  are  repealed  and  new  provisions  made.  St.  1896,  297. 
(See  1888,  296.) 

Sect.   17  is  repealed.      St.  1883,  29. 

Sect.  20.  A  standard  measure  for  cranberries  is  established.  St.  1884, 
161.     (See  1883,  225;    1890,  426.) 

Sect.s.  21,  22  are  revised  and  other  articles  added.  St.  1888,  414;  1894, 
198  §  6;    1895,  28.      (See  1890,  465.) 

Sects.  54,  55  are  repealed.     St.  1894,  111. 

Sects.  56,  57  are  revised  and  sections  58-60  repealed.  Wire  nails  are 
included.     Penalties  and  forfeitures  regulated.     St.  1892,  63. 

Sects.  61,  67.     See  St.  1894,  198. 


916  Changes  ix  the  [Chaps.  gi-gs. 

Sects.  69-71.  Provisions  against  adulteration  of  vinegar  and  for  com- 
pensation of  inspectors.     St.  1883,  257;   1884,  163,  307;   1885,  150.     (See 

1895,  449  §  19;   1896,  250.) 

Sects.  72-78.  Cities  may  regulate  sale  by  the  load  of  prepared  wood, 
slabs  and  edgings.  St.  1891,  136.  Measurers  may  be  licensed  bv  an  ad- 
joining town.     St.  1894,  83  §  2. 

Sects.  79-82.  Sale  of  coal  by  measure  regulated,  and  standard  ton 
established.     St.  1894,  429.     (See  1883,  218,  225 ;   1884,  70.) 

Chapter  61.  —  Of  the  Inspection  of  Gas  and  Gas  Meters. 

A  board  of  gas  and  electric  light  commissioners  is  esta1)lished  and  their 
powers  and  duties  prescribed.     St.  1885,  314;   1886,  346;   1887,  382,  385 
1888,350;   1889,373;   1891,370;   1892,259,263;   1894,327;   1895,463 

1896,  356,  426,  473;   1898,  499.     (See  1888,  428;   1891,  351;   1894,  503 
1898,  366.) 

Clerk's  salary  fixed.     St.  1891,  351 ;   1894,  503. 

The  manufacture,  sale  and  inspection  of  gas  and  electric  light  regulated. 
St.  1885,  240,314;  1886,  346;  1887,  382,  385;  1888,  350,428;  1889, 
169;  1890,252;  1891,  370;  1892,  67,  259,  263,  274;  1893,454;  1894, 
182,  299,  316,  327,  432,  448,  450,  503,  533,  538 ;  1895,  228,  330,  350,  420 ; 
1896,356,480.  (See  1886,  250 ;  1887,391  §  2;  1890,  404:  1891,  189; 
1894,  ,501;    1896,  426,  473,  544;   1897,  416;    1898,  268.) 

Provisions  for  security  against  accidents  from  electric  wires.  St.  1890, 
404;   1895,228;   1898,268.      (See  1897,  416.) 

Report  of  accidents  required.     St.  1896,  338. 

Sect.  1  amended.     Tenure  of  office  regulated.     St.  1889,  169. 

Sects.  13,  14  do  not  apply  to  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.     St.  1885,  240. 

Sect.   14  amended.     St.  1892,  67.      (See  1886,  250;   1890,  252.) 

Sect.  16.  Refusal  to  furnish  gas  to  occupant  of  a  building,  because  of 
non-payment  of  gas-bill  by  a  previous  occupant,  is  unlawful.  St.  1894, 
299. 

Sects.   16-18  extended  to  electric  lighting.     St.  1894,  316;   1895,  330. 

Chapter  63.  —  Of  the  Survey  and.  Sale  of  Lumber,  Ornamental  Wood 

and  Ship  Timber. 

Sects.   1-5,  16,  19  are  revised.     St.  1890,  159. 

Sects.  6,  7.  Surveyors  may  be  licensed  to  survey  lumber  in  an  adjoin- 
ing town.     St.  1894,  83. 

Chapter  65.  — Of  Weights  and  Measures. 

A  uniform  standard  of  certain  weights  and  moasures  is  osta])lished.  St. 
1894,  198;   1895,  28;   1897,  443,  517. 

The  weights,  measures  and  balances  to  be  kept  b}'  counties,  cities  and 
towns  are  defined  and  inspection  provided  for.     St.  1890,  426, 

The  sale  of  coal  by  measure  regulated  and  standard  ton  fixed.  St.  1894, 
429.     (See  1883,  218;   1884,  70.) 


Chaps.  66-69.]  PUBLIC    STATUTES.  917 

Sects.  3-7.     Additional  provisions.     St.  1897,  443,  517. 

Sect.  8.  Sealers  are  to  be  appointed  in  cities  by  mayor  and  aldermen 
St.  1882,  42. 

Sects.  18-21,  25.     See  1897,  443  §  8. 

Sect.  21.  Unlawful  measnres  may  be  seized.  Their  possession  implies 
unlawful  intent.     St.  1883,  225. 

Sects.   27,  29.     See  St.  1890,  276;   1894,  198;   1895,  28. 

Chapter  66,  — Of  the  Metric  System  of  Weights  and  MeasTires. 

See  St.  1890,  42t;  §  2. 

Chapter  67.  — Of  Auctioneers. 
Sects.   1,  5  are  revised.     St.  1886,  289. 

Certain  veteran  soldiers  and  sailors  are  exempted  from  payment  of 
license  fee.     St.  1895,  456. 

Sect.   6  amended  and  auction  sales  further  regulated.     St.  1890,  449; 

1891,  144.      (See  1886,  289.) 

Chapter  68.  — Of  Hawkers  and  Peddlers. 

Sect.  1.  Itinerant  vendors  must  be  licensed.  Sales  by  them  regulated. 
St.  1890,  448;  1894,  525.  (See  1883,  168;  1885,  309  ;""  1887,  422,  445; 
1890,  276,  449;   1891,  144.) 

Provision  to  prevent  illegal  peddling  by  minors.  St.  1887,  422 ;  1892, 
331.  (See  1885,  305.)  And  peddling  near  licensed  picnic  groves.  St. 
1887,  445.     (See  1885,  309.) 

Sects.  1,  2.  Cities  may  regulate  sale  by  hawkers  and  peddlers  of  any 
articles  mentioned  in  section  one.     St.  1883,  168. 

Sect.  2.  New  provisions  made  for  licensing  minors  and  regulating 
sales  by  them.     St.  1892,  331.     (See  1887,  422.) 

Sects.  4,  9.  Licenses  may  be  granted  to  persons  over  seventy  years 
of  age.  St.  1883,  118.  And  to  certain  honorably  discharged  soldiers  and 
sailors.     St.  1889,  457. 

Sect.   17.     See  St.  1890,  449  §  2. 

Chapter  69.  —  Of  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Copy  of  registers  of  foreign  vessels  must  be  filed  with  commissioner  of 
corporations  and  the  commissioner  appointed  agent  to  receive  service  of 
legal  process.     St.  1889,  393.     (See  1884,  330.) 

Sects.  1-9.  Provision  made  for  transportation  of  shipwrecked  seamen. 
St.  1886,  179;   1898,  230. 

Sect.  5.     Extended  to  Gloucester  harbor.     St.  1895,  106  §  1. 

Sect.  8.     Clause  as  to  advance  wages  stricken  out.     St.  1889,  284. 

Sect.   11.     Harbor  lines  established  :  Boston;  St.  1882,  48;   1891,309; 

1892,  358  §2;  1898,  278.  Buzzard's  Bay ;  1898,  169.  Chelsea;  1887, 
344.  Gloucester;  1882,  103;  1883,  109;  1895,  106  §  2.  (See  1885, 
315.)     Haverhill:   1883,  104. 

Sect.   14.     Additional  provisions  made.     St.  1897,  273. 


918  Changes  in  the  [Chaps.  70-74. 

Skct.  23.  Further  provisions  for  protection  of  harbors,  beaches  and 
shores.  St.  1884,  269;  1892,  206.  Boston;  1892,  358.  Marblehead ; 
1892,  214. 

Sect.  25.     Provision  for  assistant  harbor  masters,     St.  1882,  216.      (See 

1884,  173.) 

Appointment  of  harbor  masters  in  Boston  regulated.     St.  1889,  147. 

Sects.  26,  29,  33.  Powers  of  harbor  masters  extended.  St.  1884,  173. 
Regulations  made  for  Gloucester  harbor.  St.  1885,  315.  (See  1895, 
106.) 

Sect.  33  extended  to  sections  23-32.     St.  1884,  173. 

Chapter  70.  —  Of  Pilots  and  Pilotage. 

Additional  pilots  provided  for.     St.  1882,  174;   1887,  298. 

Pilotage  fees  established  :  Cohasset ;  St.  1887,  298.  Salem  and  Beverly  ; 
1887,204.  AVinthrop;  1892,  114.  Wood's  Holl ;  1889,  275.  (See  1888, 
288.) 

Sect.  7.  Boston  harbor  limits  regulated.  St.  1892,  358  §  2.  (See 
1882,  48;   1891,  309;   1897,  486;   1898,  278.) 

Sect.  12.  The  pilots  shall  be  "  for  anv  or  all  of  said  ports."  St.  1890, 
300. 

Waters  of  Buzzard's  Bay  defined.     St.  1898,  169. 

Sects.  26-32.  Certain  exemptions  from  fees  are  made.  St.  1884,  213, 
252. 

Sect.  30.     Limit  extended.     St.  1884,  252  §§  2,  3. 

Sect.  39.  It  is  forbidden  to  assume  or  continue  to  act,  without  author- 
ity, as  a  pilot.     St.  1884,  252  §  6. 

Chapter  72.  —  Of  Public  Warehouses. 

Sect.  2.     Bond  and  sureties  are  to  be  approved  bv  the  governor.     St. 

1885,  167. 

Sect.  5.  Provision  for  non-negotiable  receipts  assignable  only  on  the 
books  of  the  warehouseman.     St.  1886,  258. 

Sects.  8,  10  amended.     St.  1895,  348. 

Sect.  10.  Goods  may  be  sold  to  pay  charges  a  year  overdue.  St.  1887, 
277 ;  1895,  348  §  6.  Sale  of  perishable  and  dangerous  goods  provided  for. 
St.  1895,  348. 

Chapter  73.  — Of  Common  Carriers  and  Express  Companies. 

An  act  to  protect  the  business  of  licensed  carriers  of  o()0(ls  for  hire.  St. 
1895,  481. 

Transportation  and  delivery  of  intoxicating  liquors  in  no-license  towns 
regulated.  St.  1897,  271.  And  transportation  of  human  bodies.  St. 
1897,  437  §  6. 

Chapter  74.  —  Of  the  Employment  of  Labor. 

A  State  board  of  arbitration  and  conciliation  is  established.  St.  1886, 
2G3;  1887,  269.  (See  1898,  366.)  Clerk  provided  for.  St.  1888,  261. 
And  expert  assistants.     St.  1890,  385  ;   1892,  382. 


Chap.  74.]  PUBLIC    STATUTES.  919 

A  bonrd  is  established  to  consider  the  sul)ject  of  tlie  unemployed.  St. 
1894,  -J^S. 

Emplovmeiit  in  the  civil  service  is  regulated.  St.  1884,  320;  1887, 
3G4;  l.S,S8,  41,  253,  334;  188i),  177,  183,  351,  352;  18'.)1,  140;  1803,  95, 
253;   1894,  2G7 ;   1895,  37G  ;   1896,  449,  494,  502,  517;   1897,  328.      (See 

1894,  519;   1895,  376,  501;   1898,  366,  367,447,  454.     Res.  1892,  34.) 
Preference  is  to  be  given  to  veteran  soldiers  and  sailors  in  certain  cases. 

St.  1896,  517.      (See  1884,  320  §   14;   1887,  437;   1889,  473;   1894,  519; 

1895,  501;   1898,  447,  454.) 

And  to  citizens  of  the  United  States  in  employment  of  mechanics  and 
laborers  on  public  works.     St.  1896,  494. 

Provision  for  appointment  of  a  registrar  of  labor.     St.  1895,  376. 

It  is  made  an  offence  to  compel  any  person,  as  a  condition  of  employ- 
ment, to  agree  not  to  join  a  labor  organization.  St.  1894,  508  §  3.  (See 
1892,  ;5;U);^  1894,  437.) 

Workmen  em[)Io3'ed  by  a  contractor  on  public  work  for  a  city  or  town 
may  sue  the  city  or  town  for  their  wages,  ou  certain  conditions.  St.  1892, 
270.     (See  1896,  444.) 

Provision  to  prcA'ent  persons  not  residents  of  the  Commonwealth  acting 
as  officers  to  protect  property  of  employers  of  labor.     St.  1892,  413. 

Provision  for  a  State  industrial  camp  for  certain  convicts.  St.  1898, 
393.      (See  1898,  365.) 

Provision  for  authorizing  bells,  gongs  and  whistles  for  factories,  etc. 
St.  18.S3,  84. 

Leave  of  absence  to  vote  pi'ovided  for.  St.  1893,  417  §  7.  (See  1887, 
272;  1890,  423  §§  143,  144.)  Influencing  or  punishing  vote  of  employees 
is  forbidden.     St.  1893,  417  §  337;   1894,  209. 

Sects.  1,  2,  3  are  repealed  and  the  laws  relating  to  employment  of  labor 
are  revised  and  consolidated.     St.   1894,  508,   534;   1895,   129,  144,438; 

1896,  241,  288,  334,  449,  494;  1898,  150,  394,  431,  505.  (See  1882, 
150;  1884,  275;  1886,  87;  1887,  103,  121,  173,  215,  218,  269,  280,  330, 
363,399,433;  1888,  149,305,  348  426  §  1 ;  1889,  135,291;  1890,  48, 
90,  183,  299,  375;  1891,  125,  239,  317,  350,  357;  1892,83,210,  296,330, 
852,  357,  410,  413  §  2;  1893,  246,  386,  406;  1894,  209,  437,  498;  1895, 
471;  1896,  343,  444,  481,  502,  517;  1897,  328;  1898,  447,454,  494.) 
Emplovees  in  public  offices  may  be  allowed  a  half  holiday  each  week.  St. 
I8i)8,  367. 

Specification  of  work  is  required  in  textile  factories.  St.  1894,  534; 
1.S95,  144.  (See  1887,  361 ;  1891,  125;  1892,  410;  1894,  508  §§  55,  56.) 
Use  of  traversing  machinery  in  cotton  factories  restricted.  St.  1896, 
343. 

Sect.  3.  Liability  of  employers  for  injuries  to  employees  extended  and 
reiiulated.  St.  1886,  260;  1887,270;  1888,  155;  1892,  260;  1893,  359; 
1«94,  481  §§  8-10,  63,  499;  1895,  362  §  7 ;  1897,  491.  (See  1883,  243; 
1.S86,  140,  173,  260;  1890,  83,  179;  1893,  111;  1896,302,343.)  And 
for  injuries  to  persons  not  employees.     St.  1898,  565. 

Sect.  4.  Hours  of  labor  reaulated  in  certain  cases.  St.  1894,  508 
§§  7-14.  (See  18«3,  157  ;  1884, 275  ;  1886, 90;  1887, 215,  280,  330;  1888, 
348  ^^  1,  2;   1890,  183,  375;   1891,  350;   1892,  83,  352,  357;   1893,  386, 


920  Changes  tx  the  [Chaps.  75-79. 

406.)     Deductions  iu  wages  of  women  and  children  restricted.      St.  1898, 
505. 

Sects.  4,  5.  Form  of  complaint  prescribed.  St.  1894,  508  §  56.  (See 
1892,  210.) 

Chapter  75.  —  Of  Limited  Partnerships. 

Sect.  3.  Name  of  a  former  firm  mav  be  used  with  consent  of  its  mem- 
bers.    St.  1887,  248  §  1. 

Sect.  5.     Fee  for  filing  fixed  at  one  dollar.     St.  1896,  523. 

Sect.  6.  Certificate  must  be  filed  in  office  of  secretary  of  the  Conjnion- 
wealth.     St.  1898,  485. 

Sects.  7,  8,  12  amended.  Interest  and  liabilit}'  of  special  partners  reg- 
ulated.    St.  1887,  248. 

Chapter  76.  — Of  the  Use  of  Trade-marks  and  Names. 

An  act  to  protect  owners  of  cans,  bottles,  etc.,  used  in  sale  of  milk, 
cream,  soda  water  and  other  beverages.  St.  1893,  440.  And  to  protect 
use  of  labels,  trade-marks  and  forms  of  advertising.     St.  1895,  462.      (See 

1890,  104;   1893,  443;   1894,  285;   1898,  500.) 

.Sale  of  goods  marked  sterling,  or  coin  silver,  regulated.     St.  1894,  292. 

Chapter  77.  —  Of  Money,  Bills  of  Exchange,  Promissory  Notes  and 

Checks. 

An  act  relative  to  negotiable  instruments.     St.  1898,  533. 

Sect.  1.  The  par  of  exchange  established  by  United  States  Rev.  Sts. 
§  3565  is  adopted.     St.  1882,  110. 

Sect.  3  is  not  repealed  by  St.  1888,  388.     (See  1890,  416 ;   1892,  428 
1895,  497;   1896,  183;   1898,  577  §  11.) 

Interest  on   and  discharge  of  small  loans  regulated.     St.    1888,   388 
1892,  428;   1898,  577.     (See  1890,  398,  416.) 

Sects.  8-17  are  revised.     St.  1898,  533.     (See  1885,  210;   1888,  329 
1894,  333,  427;   1895,  201,  415;   1896,  228,  496.) 

Provision  made  for  payment  of  checks,  drafts,  etc.,  presented  after 
death  of  drawer.     St.  1885,  210. 

Chapter  78.  —  Of  the  Prevention  of  Frauds  and  Perjuries. 

No  agreement  to  make  a  will,  devise  or  legacy  is  binding  unless  iu  writ- 
ing.    St.  1888,  372. 

Chapter  79.  — Of  the  State  Board  of  Health,  Lunacy  and  Charity. 

Title  amended,  and  board  divided  into  a  board  of  health,  a  board  of 
charity  and  a  board  of  insanitv-  St.  1886,  101 ;  1898,  433.  (See  1898, 
425,  428,  443.) 

Salary  of  secretary  fixed.     St.  1889,  370. 

The  board  of  health  is  given  general  supervision  of  inland  waters  and 
sources  of  water  supply.  St.  1888,  375  ;  1890,  441  §  1.  (See  1884,  154; 
1886,  274;   1889.  439.)     And  the  vaccine  institutions.     St.  1894,  355. 

It  may  forbid  sale  of  impure  ice.     St.  1886,  287.     (See  1895,  338.) 

Appr(ji)riation  for  enforcing  laws  against  adulterations  increased.     St. 

1891,  319.     (See  1882,  263  §  5 ;   1883,  263;   1884,  289  §  1.) 


Chap.  80.]  PUBLIC    STATUTES.  921 

False  representations  to  ofllcers  of  the  board,  etc.,  made  punishable. 
St.  1.S91,  343.     (See  1898,  433.) 

It  must  report  prosecutions  and  expenditures.  St.  1884,  289  §  2.  (See 
189S,  36(3.) 

The  governor  may  appoint  a  special  officer  to  assist  in  cases  of  deserted 
and  unprotected  children.     St.  1895,  310.     (See  1885,  158.) 

Skct.  3.     See  St.  1884,  179  §  4;   1890,  58  §  2 ;  1891,  54;  1894,  245. 

Sects.  8,  9.  Classes  of  inmates  who  may  be  removed  specified.  St. 
1887,  367.  (See  1886,  219,  319;  1887,  346,  367;  1894,  251;  1895,  390; 
1896,482;   1897,418;   1898,425,433,438.) 

Sect.   13  amended.     St.  1894,  196. 

Chapter  80.  —  Of  the  Preservation  of  the  Public  Health. 

A  metropolitan  sj'stem  of  sewerage  is  provided  for.  St.  1889,  439  ; 
1895,  342,  406;  1897,  80,  81,  83,  88,  502.  (See  1891,  192;  1894,  307; 
1895,  294  ;  1898,  180,  386,  424.)  And  water  supply.  St.  1895,  488  ;  1896, 
43(5;  1897,  327,  336,  339;  1898,  166,  392,  464.  And  parks.  St.  1893, 
407;  1894,  288,  483,  509;  1895,  305,  450;  1896,  465,  550;  1897,  121, 
311;  1898,  473.  (See  1893,  475;  1894,  393;  1895,  272,  283;  1896,  199, 
466;   1898,  166,  366,  427,  463,  530,  531.) 

Provision  made  to  prevent  adulteration  of  food  and  drugs.  St.  1882, 
263;  1884,289;  1886,171,287;  1891,319;  1897,344.  (See  1883,  263 ; 
1889,326;  1891,58,  374,  412;  18^4,  280;  1895,  385;  1896,  264,377, 
397  §   19;   1898,  192,  193.)     And  of  spirituous   liquors.     St.  1896,   272. 

To  regulate  bakeries.     St.  1896,  418. 

To  prevent  sale  of  toys  or  confectionery  containing  arsenic.  St.  1891, 
374. 

To  prevent  sale  of  impure  ice.     St.  1886,  287.     (See  1895,  338.) 

To  prevent  manufacture  of  clothing  in  unhealthy  places.  St.  1894,  508 
§§44-48;   1898,150.      (See  1891,  357  ;   1892,296;   1893,246.) 

To  prevent  feeding  of  garbage,  refuse  or  offal  to  milch  cows.  St.  1889, 
326.  Or  to  food  animals.  St.  1895,  385.  Provision  for  inspection  of 
concentrated  commercial  feed  stuffs.  St.  1897,  117.  Cremation  of  garb- 
age, etc.,  authorized.     St.  1889,  377. 

To  authorize  and  regulate  crematories.     St.  1885,  265  ;   1898,  437. 

To  abate  nuisances  by  smoke  in  Boston.  St.  1895,  389.  (See  1893, 
353.)  Aud  nuisances  on  unoccupied  land  and  private  passageways.  St. 
1893,  342;  1897,  185.  Other  special  provisions  for  Boston.  St.  1897, 
219,  221 ;   1898,  298.      (See  1898,  412.) 

Provision  for  street  watering.     St.  1895,  186;   1897,  419. 

For  suppression  of  contagious  diseases  among  cattle.  St.  1884,  232 ; 
1887,  250,  252;  1894,  491;  1895,476,496;  1896,  276;  1897,  165,  178, 
499.      (See  1885,  148,  378;   1892,  195,  432;   1893,  306.) 

For  registration  and  regulation  of  pharmacists.  St.  1896,  397  ;  1898, 
192.  (See  1885,  313;  1887,  267,  431;  1888,  209;  1893,  227,  472;  1894, 
4.35;  1898,  548  §  6.)  And  of  dentists.  St.  1887,  137;  1897,  187.  And 
plumbers.  St.  1888,  105 ;  1893^477;  1894,455;  1895,4.53.  (See  1882, 
252  §  2;  1892,  419  §§  120,  134.)  And  gasfitters  in  Boston.  St.  1897, 
265.     And  of  physicians  and  surgeons.     St.  1894,  458  ;   1895,  412  ;   1896, 


922  ChAJSTGES    IX    the  [Chap.  80. 

230  ;  1897,  196.     And  for  licensing  and  regulating  stables  in  cities.     St. 
1891,  220;   1895,  213;   1896,  332;   1897,  300.      (See  1897,  428.) 

Supreme  judicial  court  in  equity  may  enforce  provisions  of  this  chapter 
and  acts  in  addition  thereto.     St.  1893,  460. 

Sects.  1,  58,  83,  93  amended.  St.  1886,  101  §  4.  (See  1898,  433, 
443.) 

Sects.  2,  21,  28-35  amended;  section  3  repealed,  and  provision  made 
for  election  of  boards  of  health  in  towns.  St.  1898,  548.  (See  1885, 
307;   1894,  218,  473;   1895,  398,  506;   1897,  428  §  2.) 

Sect.  8  is  revised.     St.  1895,  332.     (See  1894,  174.) 

Sect.   10.     Local  boards  may  close  places  of  burial.     St.  1885,  278  §  1. 

Transportation  and  burial  of  human  bodies  regulated.     St.  1897,  437. 

Sect.  12.  Provisions  for  regulation  of  house  drainage  and  connection 
with  public  sewers.     St.  1889,  108;   1890,  74,  132.      (See  1897,  116.) 

Sects.  21-23.     Privy  vaults  are  restricted  in  cities.     St.  1890,  74. 

Sect.  28.  Expenditure  under  this  section,  without  a  previous  appro- 
priation, is  limited.     St.  1887,  338  §  1.      (See  1898,  366.) 

Sects.  30-32.  Right  given  of  appeal  and  trial  by  jury,  as  in  case  of 
laud  taken  for  highways.     St.  1887,  338  §§  2,  3. 

Sects.  51-55  repealed.  New  provisions  made  in  regard  to  vaccination. 
St.  1894,  515.      (See  1894,  355,  498  §  9  ;   1898,  433  §  28.) 

Sect.  60.  Further  provisions  regulating  infant  boarding  houses  and 
adoptions.  St.  1889,  309  ;  1891,194;  1892,318.  (See  1882,  270  ;  1885, 
176;   1889,  416;   1893,  262;   1895,  310  §  2.) 

Sect.   69  amended.     St.  1893,  79. 

Sect.  70.  Massachusetts  homoeopathic  hospital  aided,  and  appointment 
of  trustees  provided  for.     St.  1890,  358.      (See  1898,  98,  137,  366.) 

Sects.  78,  79  are  repealed  and  new  provisions  made  as  to  notices  and 
reports  of  contagious  diseases.  St.  1883,  138;  1884,  64,  98;  1885,  198 
1890,  102;  1891,  188;  1893,  302;  1894,  515.  (See  1894,  498  §  9  ;  1898 
496  §  11.)  Provision  for  hospital  accommodations  in  cities.  St.  1894 
511.  And  for  treatment  of  indigent  persons  suffering  from  coutagious  or 
infectious  venereal  diseases.  St.  1895,  400.  (See  1891,  420  ;  1894,  511 
1895,  483,  503.) 

Sect.  83  amended.  St.  1886,  101  §  4;  1898,  433  §  28.  (See  1883, 
138;   1893,  302;   1898,  438.) 

Sects.  88-91  amended.  Appeals  and  proceedings  regulated.  St.  1889, 
193.      (See  1883,  133.) 

Sect.  92.  Consent  of  common  council  required  in  cities.  St.  1893, 
106. 

Sect.  93  amended.     St.  1886,  101  §  4;   1898,  433  §  28. 

Sect.  96  amended.     St.  1896,  252. 

Sect.  96  et  seq.  Further  provision  made  to  protect  the  ])urity  of  inland 
waters  and  sources  of  water  supplv.  St.  1884,  154,  172;  1888,  160,  375; 
1890,441;  1897,  510.  (See  1886,  274;  1893,  407;  1896,  252;  1897, 
327;   1898,  166.) 

Sects.  98-100  are  repealed.     St.  1884,  154. 

Sects.   103-105  are  repealed.     St.  1891,  120. 


Chaps.  81-84.]  PUBLIC    STATUTES.  923 


Chapter  81. —Of  the  Promotion  of  Anatomical  Science. 

Sects.  1,  2,  I  revised.  St.  1898,  479.  (See  1887,  310;  1891,  185, 
406.) 

Sect.   3  repealed.     St.  1891,  185. 

Chapter  82.— Of  Cemeteries  and  Burials. 

Provision  made  for  commissioners  of  burial  grounds  in  towns.  St.  1890, 
264.     Sale  of  property  by  order  of  sui)renie  judicial  court.     St.  1897,  462. 

Cremation  of  the  dead  authorized  and  regulated.  St.  1885,  265  ;  1898, 
437.      (See  1897,  437.) 

Change  of  corporate  name  provided  for.  St.  1891,  257,  360  ;  1892,  198, 
201.      (See  1895,  104;    1896,  523.) 

Sect.  3  is  repealed  and  new  provisions  made  defining  rights  of  widows 
and  children  in  burial  lots  and  tombs.  St.  1885,  302  ;  1892,  165.  (See 
1883,  262.) 

Sect.  6.  Conveyances  need  be  recorded  only  in  the  records  of  the  cor- 
poration.    St.  1883,  142;   1889,  299. 

Records  must  be  kept  of  all  conveyances  and  contracts  in  relation  to 
lots.     St.  1889,  299.      (See  1883,  142;   1890,  264  §  3.) 

Sect.  17.  Towns  and  cities  ma}'  receive  funds  for  care,  improvement 
and  maintenance  of  burial  places  and  lots.     St.  1884,  186;   1890,  264  §  4. 

Sect.  19.  Boards  of  health  may  close  any  place  of  burial,  St.  1885, 
278  §  1.  Transportation  and  burial  of  human  bodies  regulated.  St.  1897, 
437.     (See  1898,  437.) 

Sect.  20.     See  St.  1892,  165  §  2. 

Sect.  24.  To  sustain  an  appeal  the  jury  must  find  that  the  closing  was 
not  necessary  for  the  protection  of  the  public  health.     St.  1885,  278  §  2. 

Sects.  25-28'  are  repealed.     St.  1885,  278  §  3. 

Chapter  83.  — Of  the  Settlement  of  Paupers. 

Sect.   1,  cl.  5,  is  amended.     St.  1898,  425  §  1. 
Sect.  6  is  revised.     St.  1898,  425  §  2. 

Chapter  84.  — Of  the  Support  of  Paupers  by  Cities  and  Towns. 

Provision  is  made  for  remedial  treatment  of  recently  insane  paupers. 
St.  1890,  414.     (See  1886,  319"  §  3.) 

False  representations  for  the  purpose  of  causing  any  person  to  be  sup- 
ported as  a  pauper  are  made  an  offence.     St.  1891,  343.    . 

Provision  made  for  custody  and  care  of  pauper  children.  St.  1882,  181 ; 
1883,  232,  245;  1886,  .330;  1887,  401  ;  1888,  248;  1889,  230,  309;  1893, 
197,  217,  252;    1896,  288,  382. 

An  act  relative  to  the  support  of  the  poor  in  towns.  St.  1898,  396. 
(See  1897,  374.) 

As  to  tramps.     See  St.  1896,  385. 

Sect.   2.     See  St.  1890,  414;   1893,  423  §  12. 

Sect.  3   is   extended  to  towns.     St.   1893,   197.     The   state   board  of 


924  ChAN"GES    IX    THE  [Chaps.  85, 86. 

lunacj^  and  charity  may  act  in  certain  cases.  St.  1887,  401,  441 ;  1893,  197 
§  2  ;   1898,  396  §  2.      (See  1889,  230  §  2  ;   1897,  374  §  3  ;  1898,  433,  443.) 

Sect.  6.  The  pauper  and  his  estate  are  made  liable  for  expenses  in- 
curred for  him.  St.  1882,  113.  The  same  obligation  shall  rest  upoii  the 
motiier  as  upon  the  father.     St.  1898,  425  §  3. 

Sect.  7  is  revised.     St.  1898,  425  §  4. 

Sects.  14-18.  Transportation  of  destitute  shipwrecked  seamen  provided 
for.     St.  1886,  179;   1898,  230. 

Sect.  17  is  revised.  St.  1898,  354,  396.  (See  1890,  71 ;  1897,  374.) 
Overseers  shall  bury  unclaimed  or  unidentified  bodies  upon  which  in- 
quests have  been  held.    St.  1887,  310  §  3.     (See    1891,  185  ;  1898,  479.) 

Burial  of  deceased  indigent  soldiers,  sailors  and  marines  provided  for. 
St.  1896,  279;   1897,  164.      (See  1889,  395;  1892,  184;   1894,  62.) 

The  sums  which  may  be  paid  for  burial  of  paupers  are  increased.     St. 

1890,  71  ;   1898,  354. 

Sect.   18  is  revised.     St.  1898,  425  §  5.     (See  1891,  90  §  1.) 

Sects.  18,  21,  35  amended.     St.  1886,  101  §  4;   1898,  433  §  28. 

Sect.  19  is  revised.     St.  1895,  445. 

Sect.  20.  Towns  and  cities  may  contract  with  hospitals  for  temporary 
care  of  the  unfortunate  and  sick.     St.  1890,  119. 

Sect.  21  amended.  St.  1883,  232  §  1.  (See  1882,  181,270;  1883, 
245;  1885,  176;   1886,  330;   1887,  401;   1888,  248;    1893,  217.) 

Sect.  29.  Removal  by  overseers  to  be  made  within  one  mouth  after 
notice.     St.  1891,  90  §  2. 

Chapter  85.  — Of  the  Maintenance  of  Bastard  Children. 

Sect.  1.  Clerk  of  court  may  receive  complaint  and  issue  warrant.  St. 
1885,  289.     Fee  for  complaint  and  warrant  abolished.     St.  1897,  237. 

Sect.  2  amended.  St.  1886,  101  §  4 ;  1898,  433  §  28.  (See  1898, 
443.) 

Sect.  6.  Accused  mav  be  committed  until  bond  be  given.  Provision 
for  approval  of  bond.     St.  1891,  367. 

Sect.   14  amended.     St.  1898,  155. 

Chapter  86.  —  Of  Alien  Passengers  and  State  Paupers. 

Sect.  1  amended.  St.  1886,  101  §  4;  1898,  433  §  28.  (See  1898, 
443.) 

Sect.  13.  A  new  boaixl  for  both  almshouse  and  workhouse  is  estab- 
lished and  regulated.  St.  1884,297;  1891,  299.  (See  1898,  366,433, 
443.) 

Sect.   15.     See  St.  1884,  297;    1896,  288. 

Sects.  16,  19.  The  same  person  may  be  superintendent  and  resident 
physician.     St.  1883,  278. 

Sect.  21.     Change   made  in  persons  who  may  give   certificates.     St. 

1891,  84.      (See  1898,  425  §  5.) 

Sect.  22  et  seq.  The  removal  of  sick  paupers  is  further  regulated.  St. 
1885,  211;    1887,  440. 

Sects.  25,  26,  31  amended.     St.  1885,  21 1 ;  1891,  153.      (See  1887,  440.) 


Chap.  87.]  PUBLIO    STATUTES.  925 

Sect.  2G  amended.     St.  1898,  391. 

Sect.  28  was  repealed  by  St.  1883,  239,  which  was  again  repealed  and 
new  provisions  made  by  St.  1886,  298.     (See  1884,  88;   1887,  123  §  2.) 

Sect.  37  is  extended  to  persons  not  being  sentenced  inmates.  Com- 
plaints regulated.     St.  1884,  258.     (See  1886,  101  §  4.) 

Sect.  39.  Board  of  lunacy  and  charity  may  transfer  pauper  lunatics  to 
asylum  at  State  almshouse.     St.  1888,  69.      (See  1898,  433,  443.) 

Sect.  44  et  seq.  New  provisions  made  as  to  care  of  children.  St.  1882, 
181,  1883,  232;  18,S6,  330;  1888,  248;  1889,  230;  1893,  217,  252;  1896, 
288,  382. 

A  limited  number  of  children  afflicted  Avith  epilepsy  or  chronic  disease 
mav  be  placed  in  hospital  cottages  at  Baldwinville,  which  are  aided,  and 
State  trustees  are  provided  for.  St.  1887,  441;  1889,  230;  1890,354; 
1892,  407.  (See  Res.  1888,  91.  St.  1898,  433.)  Hospital  established 
for  epileptics.  St.  1895,  483.  And  for  consumptives.  St.  1895,  503. 
(See  1895,  400;   1898,  433,  575.) 

Sect.  46  amended.  St.  1882,  181  §  1.  (See  1886,  101  §  4,  330;  1888, 
248;   1898,  433,  496.) 

Chapter  87.  —  Of  Lunacy  and  Institutions  for  Lunatics. 

The  word  '*  lunatic,"  wherever  it  occurs  in  the  laws,  is  changed  to  "  in- 
sane person."     St.  1898,  433  §  23. 

Sects.  1,  29  amended.  St.  1886,  101  §  4;  1898,  433  §  28.  (See  1897, 
374;   1898,  366,  367,  396,  433.) 

A  board  of  commissioners  of  insanity  is  established.  St.  1898,  433. 
(See  1898,  425  §§  5,  6,  443.) 

Sect.  2  et  seq.  Additional  hospital  accommodations  provided  for  at 
Westborough;  St.  1884,  322.  In  eastern  Massachusetts  ;  St.  1890,445. 
At  Medtield  and  Dover  ;  St.  1892,  425.  (See  1893,  395  ;  1894,  391,  465, 
526;  1895,  399.  Res.  1896,  41.)  A  hospital  for  male  dipsomaniacs  and 
inebriates;  St.  1889,414;  1890,  251;  1891,  158.  (See  1«85,  339  ;  1891, 
307;  1892,  53;  1898,  223,  256,  395;  1897,  474.  Res.  1892,  33,  50,  55.) 
For  insane  criminals  ;  St.  1886,  219  ;  1895,  390.  For  epileptics  ;  St.  1895, 
483.      (See  1898,  433.) 

Sect.  4.     Number  of  trustees  increased.     St.  1884,  149. 

Sects.  6,  7,  9.     Extended  to  hospital  for  epileptics.     St.  1895,  483  §  6. 

Sect.  6  et  seq.  At  all  State  institutions  for  the  insane,  provision  shall 
be  made  for  fire  escapes  and  apparatus.     St.  1890,  378. 

Sect.   7.     Female  assistant  physicians  provided  for.     St.  1884,  116. 

Sect.   9.     Time  of  meeting  and  of  report  changed.     St.  1887,  170. 

Sect.   11  et  spq.     Further  provisions  as  to  commitment  and  custody  of 
insane.     St.  1884,   234,   322   §§   7,   9;   1885,   339,   385;    1886,  219,319 
1887,  346;   1889,  90,  414;   1890,  414;   1891,   158;   1892,  53;   1894,  195 
1^95,  286,  390,  429;  1896,  482;   1897,  418;   1898,  433.      (See  1883,  148 
1.S92,  229.) 

Sects.  11,  37,  46.  Cities  of  over  fifty  thousand  inhabitants  may  estab- 
lisli  asylums  for  cln-onic  insane.      St.  1884,  234. 

Chronic  and  quiet  insane  may  be  cared  for  in  private  families.  St.  1885, 
385.      (See  1887,  347  §  2,  367;   1890,  414;   1894,  195;   1896,  482.) 


926  Changes  in  the  [Chap.  88. 

Sect.  12  amended.     St.  1894,  195;  1898,  433  §  28.     (See  1895,  429.) 

Skct.  13  is  revised.  St.  1895,  286,  429.  (See  1892,  229.)  Fee  for 
commitment  established.     St.  1894,  493. 

Skct.  14  repealed  and  revised.  St.  1892,  53;  1898,  438.  (See  1898, 
433  §  26.) 

Sect.  15.     See  St.  1884,  322  §  7. 

Sect.  23.  Fee  for  physician's  certificate  changed.  St.  1894,  493  §  2. 
(See  1895,  286,  429.) 

Sect.  25.  Application  shall  be  made  in  case  of  any  insane  person 
deprived  of  proper  treatment.     St.  1890,  414  §  1. 

Sect.  26  is  amended.  St.  1898,  438.  (See  1884,  234;  1886,  101  §  4; 
1898,  433  §  28.) 

Sect.  31  et  seq.     See  St.  1890,  296. 

Sects.  32-34.  Commonwealth  shall  pay  for  support  of  certain  criminals 
committed  to  insane  hospitals.  St.  1883,"'l48;  1889,  90.  (See  1894,  214 
§3.) 

Provision  to  reimburse  towns  in  certain  cases.  St.  1892,  243 ;  1895, 
375;   1898,  196. 

Sect.  37.     Name  of  temporary  asylum  changed.     St.  1887,  239. 

Sect.  38  et  seq.  The  transfer  of  the  insane  regulated.  St.  1884,  234 
§  3,  322  §§  7,  9;  1885,  339  §§  2,  3,  385;  1886,  219,  319;  1887,  346  §  2, 
367;  1889,90,414  §  16;  1890,414;  1891,  158;  1894,251;  1895,390; 
1896,482;   1897,418;   1898,433. 

Sect.  40.  Superintendents  may  be  authorized  to  discharge  patients  and 
may  allow  temporary  absences.  St.  1883,  78.  (See  1885,  339  §  3  ;  1886, 
319.) 

Sect.  46  et  seq.  Overseers  of  the  poor  shall  not  commit  or  detain  re- 
cently insane  persons  in  an  almshouse  without  remedial  treatment.  They 
must  give  notice  to  the  State  board  of  the  admission  and  discharge  of  the 
insane.     St.  1890,  414.      (See  1886,  319  §  3.) 

Sects.  47-49  are  repealed.  The  asylum  at  Ipswich  is  discontinued.  St. 
1887,  207.      (See  1890,  445.) 

Sect.  50.     See  St.  1887,  367;   1898,  433  §  11. 

Sect.  55  et  seq.  Name  changed  to  "school  for  the  feeble-minded." 
Regulations  revised.  St.  1883,  239 ;  1886,  298.  The  allowance  is  in- 
creased.    St.  1887,  123.     (See  1884,  88;   1886,  298  §  4.) 

Chapter  88.  —  Of  the  State  Workhouse. 

Name  changed  to  "  State  farm."     St.  1887,  264. 

A  new  board  is  established.  St.  1884,  297;  1891,  299.  (See  1883, 
279;  1887,264;  1898,  366,433,443.)  Provision  for  a  State  industrial 
camp  for  certain  convicts.     St.  1898,  393. 

Provision  for  an  asylum  for  insane  criminals.  St.  1886,  219 ;  1895, 
390.  (See  1886,  319;  1887,367;  1894,195,251;  1896,482;  1897,418; 
1898,  433,  443.) 

Sect.  4  amended.  St.  1886,  101  §  4;  1898,  433  §  28.  (See  1898, 
443.) 

Skcts.  5-8.  Persons  not  being  sentenced  inmates,  who  escape  and 
within  one  year  are  found  begging,  may  be  punished.     St.  1884,  258. 


Chaps.  89-91.]  PUBLIC    STATUTES.  927 

(See   1.SS9,   245.)     Sentences  to  State  farm  reo;alated.     St.   1882,   127; 
1884,258;   18118,443.      (See  1887,  2G4  ;   1894,214;   1808,433.) 

Provision  made  for  transfer  of  prisoners  to  and  from  the  State  farm. 
St.  1884,  297;  1887,  292;  1890,  180,  278;  1894,  214,  251;  1895,390; 
1890,482;   1897,418;    1898,433,443. 

Chapter  89.  —  Of  the  State  Primary  and  Reform  Schools  and  the 
Visitation  and  Reformation  of  Juvenile  Offenders. 

Sects.  1,  8.  Primary  and  reform  schools  changed  to  Lyman  school; 
and  authority  of  trustees  extended  and  commitments  reguhited.  St.  1884, 
323;   1885,  HG,  151;   1895,  428.      (See  1884,  255  §  11;   1896,  288.) 

Sects.  4,  5.  Provision  made  for  care  and  maintenance  of  pauper  chil- 
dren between  the  ages  of  three  and  sixteen  having  no  settlement.  St. 
1882,  181;   1883,  232  §  3;   1886,  330.      (See  1888,  248;    1896,  288.) 

Sects.  5,  7  amended.  St.  1886,  101  §  4;  1898,  433  §  28.  (See  1898, 
443.) 

Sect.  15.  Extended  to  United  States  courts.  St.  1887,  426  §  2. 
(See  1886,  304,  317.) 

Sect.  18  e^  seq.  Arrests  and  commitments  of  children  regulated.  St. 
1882,  127,  181  §  3;  1883,  110;  1884,  255  §  11,  323  §  3 ;  1888,  248. 
(See  1887,  266;  1889,  469;   1896,  288,  382;   1898,  433,  496,  580.) 

No  boy  over  fifteen  shall  be  committed  to  the  Lyman  School.  St.  1884, 
255  §  11,  323  §  3. 

Summons  to  be  issued  to  children  under  twelve.     St.  1882,  127  §  3. 

Sect.  20.  New  provision  made  as  to  notice  of  complaint.  St.  1883, 
110. 

Sect.  33.  Fees  and  charges  of  salaried  officers  regulated.  St.  1889, 
353,469;   1890,440;   1891,325. 

Sect.  34  et  seq.     See  1896,  288. 

Sect.  38  et  seq.     See  St.  1895,  428  §  3 ;   1896,  288,  382;   1898,  396. 

Sect.  45.  Trustees  may  discharge  boys  for  mental  incapacity  or  bodily 
infirmitv.     St.  1889,  123. 

Sect.'  47.     See  St.  1896,  317. 

Sects.  49,  51  repealed.  St.  1888,  248  §  2.  (See  1882,  181  §  3 ;  1887, 
266.) 

Chapter  90.  —  Of  Contagious  Diseases  among  Cattle,  Horses  and  Other 

Domestic  Animals. 

This  chapter  is  repealed  and  revised.  St.  1894,  491;  1895,  476,  496; 
1896,  276;  1897,  165,  178,  499;  1898,  451.  (See  1884,  232;  1885,  148, 
378;   1887,  250,  252;   1892,  195,  432;   1893,  306;   1898,  366.) 

Chapter  91. —Of  Inland  Fisheries  and  Kelp. 

The  commissioners  shall  be  game  commissioners  also.  St.  1886,  276 
§  7.      (See  1893,  105;   1895,  56;   1898,  124.     Res.  1898,  30.) 

The  district  police  may  enforce  fish  and  game  laws.     St.  1897,  288. 
Fishiug  is  regulated  in  various  places ;  Barnstable  county ;   St.   1884, 


928  Changes  rs"  the  [Chap.  91. 

264;  1887,120;  1892,196.  (See  1885,  193;  1886,  202.)  Bass  river; 
1894,134.  Berkshire;  1888,276;  1890,193;  1895,199.  Bourne;  1891, 
164.  (See  1889,  202.)  Brimfield;  1895,  411.  Bristol;  1882,  189. 
Buzzard's  bay;  1884,  214  §  2;  1886,  192;  1891,  327;  1893,  205,  255. 
(See  1887,  197;  1890,  229;  1898,  169.)  Dennis;  1895,  203.  Dukes; 
1884,245;  1886,  234.  (See  1882,  102;  1895,  180;  1898,  421.)  East- 
ham;  1893,  77.  Edgartown;  1886,  234;  1891,  52;  1897,  181.  (See 
1882,65;  1885,247.)  f:ssex ;  1888,126;  1893,36;  1897,289.  Frank- 
lin, Hampden  and  Hampshire ;  1890,193.  Crystal  lake,  Haverhill ;  1894, 
296.  Ipswich;  1897,289.  Marion;  1892,  188;  1893,  255.  (See  1892, 
188;    1893,    55,    255.)     Marshfield ;    1889,    292;    1890,    336.     Mashpee; 

1884,  264;  1892,  196.  Mattapoisett ;  1884,  214;  1890,  229;  1892,  186. 
(See  1887,  197.)  Merrimack  river;  1882,  166;  1883,  31,  121;  1884, 
317;  1895,  88;  1897,  110.  (See  1893,  201;  1894,  113.)  Nantucket; 
1891,128.  (See  1887,  96;  1888,  238.)  Norwell  and  Pembroke ;  1^89, 
292 ;  1890,  336.  Plum  Island  bay  (tributaries)  ;  1887,  105 ;  1890,  30. 
Plymouth;  1884,  199;  1886,163;  1889,292;  1890,336.  (See  1883, 
76.)  Quinsigamond  lake;  1896,  259.  Randolph;  1889,  78.  Rowley; 
1897,  289.  Scituate;  1889,  292;  1890,  336.  Wellfleet  bay;  1891,  135. 
(See  1889,  179.)  Lake  Chaubunagungamaug,  AVebster ;  1896,  110. 
Westport;   1887,  193;   1891,  137. 

Persons  violating  the  fish  laws  may  be  arrested  without  a  warrant  in 
certain  cases.     St.  1893,  105. 

Commissioners  may  forbid  discharge  of  sawdust  from  a  mill  into  a  brook. 
St.  1890,  129. 

The  catching  of  pickerel  is  restricted.     St.  1888,  331.     (See  1895,  199.) 

Squam  pond,  Gloucester,  granted  to  the  United  States  fish  commission 
for  ten  years.     St.  1892,  43. 

Provision  made  for  protection  of  traps,  trawls  and  seines.     St.  1882,  53. 

A  bounty  provided  for  destruction  of  seals.     St.  1888,  287  ;   1892,  234. 

Sect.  3.     See  St.  1893,  105. 

Sect.   10-24.      Use  of  nets  in  ponds  restricted.     St.  1884,  318. 

An  act  for  the  protection  of  great  ponds.     St.  1888,  318. 

Sect.  12.     The   provisions  for  leasing  great  ponds  are  repealed.     St. 

1885,  109.      (See  1889,  354;   1^95,  180.) 

Provision  made  for  stocking  great  ponds.     St.  1897,  208. 

Sect.  16.  Proceedings  against  defaulting  lessees  regulated.  St.  1886, 
248. 

Sect.   17.     See  St.  1886,  248  §  2. 

Sect.  25.  Provision  for  flowing  lands  in  Barnstable  for  fish  culture. 
St.  1889,  383. 

Sect.  26  not  repealed  by  St.  1892,  252. 

Sect.  31.     Rights  of  riparian  proprietors  extended.     St.  1890,  231. 

Sects.  36,  39.  Use  of  nets  and  seines  in  ^Merrimack  river  regulated. 
St.  1882,  166;  1883,  31,  121;  1884,  317;  1897,  110.  (See  1882,  53; 
1893,  201;   1894,  113;   1895,  88.) 

Sect.  41.     Certain  fisheries  exempted.     St.  1884,  199. 

Sects.  45,  46.     See  St.  1^94.  113. 

Sects.  51-53.     Regulations  for  trout,  laud-locked  salmon  and  lake  trout 


Chap.  92.]  PUBLIC    STATUTES.  929 

fiwhiim-.  St.  1884,  171;  1888,  270;  181)0,  193;  1891,  138;  1892,  252; 
1895,  277.     (See  1893,  105.) 

Furnishing  trout  and  trout  spawn  by  the  Commonwealth  regulated.  St. 
1893,  59. 

Sect.  55.     See  St.  1888,  126. 

Sect.  d().     Black  bass  fishing  regulated.     St.  1893,  80;   1896,  229. 

Sects.  57,  59.  Smelt  fishery  regulated  in  certain  waters.  St.  1887, 
105;   1890,  30;   1891,  128;   1894,  189. 

Sect!<.  68,  69.  Cities  and  towns  may  regulate  or  prohibit  taking  of  eels 
and  shell-fish.  St.  1889,  391.  (See  1889,  64;  1892,  186,  188;  1893,  55, 
255;   1896,268;   1897,289.) 

Sect.  70.  Eights  acquired  under  this  section  not  affected  by  St.  1886, 
192;    1887,  197^1890,  229;   1891,  327;   1893,  205. 

Sects.  73,  74,  75  apply  to  owners  of  traps  or  contrivances  for  catching 
lobsters.     St.  1889,  109. 

Sect.   76.     See  St.  1882,  102;   1884,  245,  264;   1887,  120. 

Sects.   79,  92.     Waters  of  Buzzard's  bay  defined.     St.  1898,  169. 

Sect.  81  et  seq.  Provisions  for  protection  of  lobsters.  St.  1882,  98; 
1884,  212;  1885,  256;  1887,  314;  1889,  109;  1890,  293;  1891,  122; 
1893,  183.     (See  1892,  403;   1893,  105.) 

Sect.  84.     See  St.  1884,  212;   1887,  314. 

Sect.  85.     See  St.  1887,  314  §  2. 

Sects.  93-95.  Provisions  for  planting,  taking  and  protection  of  shell- 
fish.    St.  1884,  284;   1885,  220;   1886,  299;   1887,   119;   1888,  198,  202; 

1889,  64:  1892,  74;  1895,  282;  1896,  268;  1897,  289.  (See  1885,  220 
§§3,4;  1887.96;  1888,223,238;  1889,391;  1892,188;  1893,55,172; 
1897,  288.) 

Sects.  97-101  extended  to  waters  where  there  are  no  natural  oyster  beds. 
vSt.  1884,  284.  And  to  oyster  shells  planted  to  catch  seed.  St.  1895, 
282. 

Use  of  dredge,  tongs,  etc.,  on  private  oyster  beds  forbidden  without 
consent  of  owners.     St.  1885,  220  §  5.      (See  1893,  105.) 

The  granting  of  oyster  licenses  regulated.  St.  1885,  220;  1886,  299. 
(See  1884.  284.) 

Sect.  104.  Payment  of  fines  and  forfeitures  regulated.  St.  1890,  390 
§  3:   1898,  205.     (See  1887,  314  §  2.) 

Chapter  92.  —  Of  the  Preservation  of  Certain  Birds  and  other  Animals. 

This  chapter  is  repealed  and  revised.  St.  1886,  276;  1887,  300;  1888, 
292;  1«91,  142,  254;  1892,  102;  1893,  49,  105,  189,  398;  1894,  97,  102, 
205:  1895,  55,  56;  1897,  140,  184,  524;  1898,  195,  339.  (See  1882, 
199:   1883,36,169;   1884,   282,   308;   1886,246;   1887,   211;   1888,269; 

1890,  237,  249.) 

An  act  for  the  protection  of  small  game  on  Cape  Ann.     St.  1897,  140. 

The  fish  commissioners  are  made  game  commissioners  also.  St.  1886, 
276  §  7.  (See  1893,  105;  1895,  56;  1898,  124.)  The  district  police  may 
enforce  fish  and  game  laws.     St.  1897,  288. 

Persons  found  violating  the  game  laws  may  be  arrested  without  a  war- 
rant in  certain  cases.     St.  1893,  105. 


930  ChAI^GES    IX   THE  [Cii APS.  93-99. 

Provision  made  for  protection  of  game  and  prevention  of  trespass  on 
private  laud.     St.  1884,  308;   1890,  403,  410.      (See  1886,  276  §  4.) 

Liberutiug  a  fox  or  raccoon  in  Dukes  county  is  prohibited.  Provision 
for  a  reward  for  their  destruction.     St.  1890,  237, 

Sects.  1,  2.  The  close  time  for  grouse,  woodcock,  (juuil  and  ducks  is 
reguhited.  St.  1894,  205.  And  scoters  or  coots.  St.  1898,  195.  (See 
1886,  276  §1;  1888,292;  1890,249;  1891,142;  1893,189,398.)  Quail 
are  protected  in  Nantucket.     St.  1893,  49.      (See  1894,  102.) 

Mongolian,  English  and  golden  pheasants  are  protected.  St.  1895.  55. 
(See  Res.  1894,  79.) 

Sect.  3.  Pursuit  of  wild  fowl  with  a  l)()at  propelled  by  any  other 
means  than  sails,  oars  or  paddles  is  prohibited.  St.  1892,  102  ;  1897,  184. 
(See  1886,  246,  276;   1888,  269;   1897,  111.) 

Sect.  6.  Provision  made  for  extermination  of  the  English  sparrow.  St. 
1890,443.      (See  1883,  36;   1886,  276  §  4.) 

Sect.  7.  Trapping  or  snaring  and  use  of  ferrets  for  certain  game  ai"e 
made  offences.  St.  1886,  276  §  6;  1887,  300;  1891,  254;  1898,  124. 
(See  1884,  308;   1893,  105.) 

Sects.  8-10.  Further  provision  for  protection  of  deer.  St.  1882,  199  ; 
1883,  169;   1898,  181.      (See  1893,  105.) 

Sect.  9.     Close  season  extended.     St.  1894,  97. 

Sect.  11.     See  1890,  390  §  3;   l.s<.)8,  205. 

Chapter  93.  —  Of  the  Law  of  the  Road. 

See  St.  1889,  57;   1893,  367  §  120. 

Chapter  94.  —  Of  Timber  afloat  or  cast  on  Shore. 

Floating  of  timber  in  Connecticut  river  regulated.  St.  1882,  274;  1883, 
183.      (See  1885,  344;   1891,266;   1893,  30l.) 

Chapter  97.  —  Of  Wrecks  and  Shipwrecked  Goods. 

This  chapter  is  revised.     St.  1887,  98.      (See  1883,  260;   1885,  341.) 
Provision  made  for  removal  of  wrecks  and  obstructions  in  tide-waters. 
St.  1883,  260. 

Chapter  98.  —  Of  the  Observance  of  the  Lord's  Day. 

Sects.  1,  2,  3  are  repealed  and  the  observance  of  the  Lord's  day  regu- 
lated. St.  1895,  434.  (See  1886,  82;  1887,  391;  1893,  41;  189V,  389, 
431  §  1;   1898,  402,  488.) 

The  provisions  of  this  chapter  are  not  a  defence  to  actions  for  injuries 
to  a  traveller  on  the  Lord's  day.     St.  1884,  37. 

Sects.  13,  15  amended.     St.  1887,  391  §  3;   1897,  389. 

Chapter  99.  —  Of  Gaming. 

Provision  made  for  recovery  of  payments,  etc.,  made  on  wagering  con- 
tracts in  securities  and  commodities.     St.  1890,  437.     (See  1892,  138.) 


Chap.  100.]  PUBLIC    STATUTES.  931 

Provisious  against  gaming  houses  and  resorts.  St.  1885,  342;  1887, 
448;  1892,388;  18'.)4,  410;  1895,419.  (See  1883,  120 ;  1885,66;  1887, 
380;  1890,  439  §  2;  1893,  226.)  And  against  lotteries,  policy  lotteries 
and  pool  selliniT.     St.  1892,  409;   1895,  419. 

Skcts.  1,  2  lunended.     St.  1895,  419  §§  11,  12. 

Skct.  8  amended.     St.  1885,  342;   1895,  419  §  13.     (See  1894,  410.) 

Sect.  10  repealed.     St.  1895,  419  §  14. 

Chapter  100.  —  Of  Intoxicating  Liquors. 

Provision  made  for  license  boards  in  certain  cities.     St.   1894,  428 ; 

1895,  379  ;   1896,  396. 

The  disposal  or  placing  on  file  of  liquor  cases  is  restricted.  St.  1885, 
359. 

A  penalty  is  provided  for  employing  a  person  under  eighteen  to  serve 
liquor.      St.  1890,  446. 

Provision  is  made  to  prevent  illegal  sale  of  liquor 'in  clubs.  St.  1887, 
206;    1890,439;    1893,226;   1.S94,''542. 

No  licenses  shall  be  granted  for  sales  in  public  parks,  pleasure  grounds, 
or  reservations.     St.  1897,  207. 

Skct.  1.  Sweet  cider  and  light  wines  exempted  in  certain  cases.  St. 
1894,  489. 

Sects.  2,  3,  5,  8,  10.  Licenses  to  and  sales  by  druggists  and  apotheca- 
ries regulated.  St.  1896,  397.  (See  1885,  313;  1887,  267,  431;  1889, 
270;   1893,  472  §  4 ;   1894,  435.) 

Sect.  5  et  seq.  The  granting  of  licenses  is  further  limited  and  regulated. 
St.  1882,  220,  222,  242,  259;  1883,  93;  1884,  158;  1885,  83.  90,  216; 
1887,  323,  392;  1888,  139,  254,  262,  340,  341;  1889,  270,  344,  347,  361; 
1890,  446;  1891,  369;  1892,  280;  1896,  397  §  7.  (See  1885,  262;  1886, 
323  §  2;  1887,  431;  1890,  423  §  83;  1892,  224;  1893,  148,  417  §  211; 
1894,  428,  435;   1895,  89,  299.) 

Dealers  in  paints  and  chemicals  may  be  licensed  to  sell  pure  alcohol  for 
certain  trade  purposes.     St.  1897,  398. 

Number  of  places  to  be  licensed  limited.     St.  1888,  340. 

Transfer  of  locality  of  licenses  provided  for.     St.  1889,  344. 

Licenses  in  summer  resorts  provided  for.     St.  1888,  340;   1892,  280; 

1896,  440. 

Provision  for  repayment  of  part  of  license  fee  when  licensee  dies  before 
expiration  of  license.     St.  1897,  227. 

Sect.  7.  Objection  may  be  made  by  owner  of  real  estate  within  twenty- 
five  feet  of  premises.     St.  1887,  323. 

Sect.  9.     Sales  at  night  regulated.     St.  1882,  242 ;   1885,  90. 

CI.  3  is  revised.     St.  1896,  272. 

CI.  4  extended  to  persons  supported  by  public  charity.     St.  1884,  158. 

CI.  5  revised.     St.  1891,  369. 

Sect.  10,  els.  1-5.  Sale,  gift  or  delivery  on  election  days  and  certain 
holidays  is  forbidden.  St.  1898,  548  §  6.  (See  1885,  90,  216;  1888,  254, 
262;   1889,   186,  347,  361;   1894,  130;  1895,  337;   1896,  162  §  2,  308; 

1897,  160.) 


932  Changes  in^  the  [Chap.  loo. 

And  may  be  forbidden  in  cases  of  riot  or  great  i)ublic  excitement.  St. 
1887,  365/ 

Cls.  1-3.  No  license  of  these  classes  shall  be  for  a  buildins;  within  four 
hundred  feet  of  a  public  school.     St.  1882,  220.      (See  1894,  l29.) 

Cls.  1-5.  No  license  of  the  first  live  classes  shall  be  granted  to  be  ex- 
ercised in  a  dwelling-house  or  a  store  having  interior  connection  with  a 
dwelling.     St.  1888,  139. 

Licenses  of  the  sixth  class  limited  and  regulated.     St.  1896,  397.     (See 

1885,  313;   1887,  267,  431;   1889,  270;   1893,  227,  472;   1894,  435.) 
Sect.   11.     The  minimum  fees  are  increased.     St.  1888,  341. 

Sect.  12.  View  of  interior  of  the  premises  must  not  be  obstructed.  St. 
1882,  259  §  1. 

Sect.  13.  Further  requirements  of  sureties  provided  for.  St.  1882, 
259  §  2.  Number  of  bonds  on  which  one  may  be  surety  limited.  St. 
1894,  388;   1896,  169.     The  form  of  bond  is  changed.     St.  1888,  283. 

Sect.   14  is  revised.     St.  1897,  233;   1898,  361. 

Sect.  16.  License  shall  be  void  on  conviction  of  violation  of  any  pro- 
vision of  the  liquor  laws.     St.  1887,  392. 

Sect.  17.  Transportation  and  delivery  of  intoxicating  licjuors  in  no- 
license  towns  further  regulated.     St.  1897,  271,  487. 

Sect.  18  is  extended.  St.  1882,  242;  1897,  271,  487.  The  penalties 
are  modified.     St.  1889,  114,  268.     (See  1896,  308.) 

Sect.  24.  Sales  to  a  minor  for  his  own  or  any  other  person's  use  are 
forbidden.     St.  1889,  390. 

Sale  to  children  under  sixteen  of  cand}',  or  other  article,  enclosing  a 
liquid  containing  more  than  one  per  cent,  of  alcohol  is  forbidden.  St. 
1891,  333. 

Sect.  25  is  extended  to  sales  by  druggists  except  on  physicians'  prescrip- 
tions. The  mayor  or  selectmen  may  give  the  notice  and  sue  for  benefit  of 
husband,  wife,  child,  parent  or  guardian.  St.  1885,  282.  (See  1896, 
397.) 

Sect.  26.     Additional  facts  made  j)rima  facie  evidence.     St.  1887,  414. 

Sect.  27  is  revised  and  new  definition  made.     St.  1888,  219. 

Sect.  29.  The  inspection  and  analysis  of  liquors  regulated.  St.  1882. 
221. 

Salary  of  inspector  and  assayer  fixed.     St.  1887,  232.      (See  1885,  224; 

1886,  175.) 

Sect.  30.  A  search  warrant  may  be  issued  by  a  justice  authorized  to 
issue  wan-ants  in  criminal  cases.     St.  1884,  191.      (See  1884,  286.) 

Sects.  30,  33.  Implements  of  sale  and  furniture  used  or  to  be  used 
for  illegal  keeping  or  sale  of  liquor  may  be  seized,  and  destroyed  or  sold 
as  court  may  order.     St.  1887,  406;   1888,  297.     (See  1897,  271,  487.) 

Sect.  38.     Provision   made   for  disposition  of   forfeited   liquors.     St. 

1887,  53;  1888,  297.     (See  1887,  406.) 

Sect.  40.     Costs  increased  in  certain  cases.     St.  1888,  277. 
Sect.  45.     Clubs  may  be  licensed.     St.  1887,  206.     (See  1890,  439; 
1893,  226;   1894,  542.) 


Chaps.  101,  102.]  PuBLIC    STATUTES.  933 


Chapter  101.  —  Of  the  Suppression  of  Common  Nuisances, 

Sect.  6.  Provision  for  suppression  of  nuisances  under  this  section. 
St.  1887,  380.     (See  1887,  20G.) 

St.  1887,414,  applies  to  cases  under  this  chapter.  St.  1887,  414  §  3. 
Additional  costs  allowed  in  certain  cases.     St.  1888,  277. 

Chapter  102.  — Of  Licenses  and  Municipal  Regulations  of  Police. 

Provision  made  for  registration  of  pharmacists.  St.  189G,  3'.*7  ;  1898, 
192.  (See  1885,  313;  1887,  267,  431;  1888,  209;  1893,227,472;  1894, 
43;");  1897,271;  1898,  o48  §  6.)  Of  dentists.  St.  1887,  137;  1897,187. 
Of  plumbers,  and  inspection  of  their  work  and  materials.  St.  1888,  105; 
1893,  477;  1894,  455;  1895, 453.  (See  1882,  252  §  2;  1892,  419  §§  120, 
138.)  And  gas-litters  in  Boston.  St.  1897,  265.  Of  physicians  and  sur- 
geons. St.  i894,  458  ;  1895,  412  ;  1896,  230  ;  1897,  196.  Of  horses  used 
for  breeding  purposes.     St.  1890,  334.     (See  1887,  143.) 

And  for  licenses  for  infant  boarding-houses.  St.  1892,  318.  (See  1882, 
270  §  3;  1889,  309,  416;  1891,  194^  1895,  310;  1898,  433  §  28.)  And 
for  license  to  make,  alter  or  repair  in  a  private  house  clothing  intended  for 
sale.  St.  1894,  508  §§  44-48.  (See  1891,  357;  1892,  296;  1893,  246.) 
And  for  itinerant  vendors  of  merchandise.  St.  1890,  448 ;  1894,  525. 
And  for  dealers  in  paints  and  chemicals  for  sale  of  pure  alcohol  for  certain 
purposes.     St.  1897,  398. 

Licenses  are  required  for  engineers  and  firemen  of  certain  steam  boilers. 
St.  1895,  471;   1896,  546.     (See  1893,  387;   1894,  481  §  2;   1895,  418.) 

Sect.  2  amended.  Provision  made  for  license  commissioners  in  certain 
cities.     St.  1894,  235,  428;   1895,  379;   1896,  396. 

Sect.  4.  Time  of  grant  and  expiration  of  licenses  changed.  St.  1890, 
73. 

Sect.  5.     See  St.  1885,  316;   1893,  436. 

Sects.  12,  15.  Liability  of  innholders  further  limited.  St.  1«85,  358; 
1897,  305. 

Sect.  13  extended  to  boarding-houses.  St.  1883,  187;  1897,  292. 
Maximum  fine  decreased.  St.  1884,  169.  Disposition  of  unclaimed  or 
retained  baggage,  etc.,  regulated.     St.  1893,  419;   1894,  181. 

Public  lodging-houses  in  Boston  must  be  licensed.     St.  1894,  414. 

Sect.  21.  Words  "  who  is  a  minor  "  added  after  "  student."  St.  1893, 
292  §  1. 

Sect.  23  is  repealed.     St.  1893,  292  §  2. 

Sect.  26.  Intelligence  offices  are  regulated.  St.  1894,  180.  (See 
1882,  258.) 

Sect.  33.  Articles  of  personal  apparel  are  not  to  be  deemed  perishable 
within  the  meaning  of  this  section.     St.  1884,  324. 

Sects.  33-37.  The  business  of  making  loans  on  deposits  or  pledges  of 
personal  property  is  regulated.  St.  1890,  416;  1895,  497.  (See  1885, 
252;   1888,388;   1892,428;   1896,183.) 

Sect.  34.  St.  1888,  388,  does  not  api)ly  to  licensed  pawnbrokers  and 
does  not  affect  this  section.     St.  1890,  416  §  6  ;   1892,  428  §  6 ;   1898,  577. 


934  CuAisraEs  in  the  [CuAr.  102. 

Sect.  35.  Any  district  police  officer  may  enter  find  examine  pawnshops. 
St.  1888.  243.  And  pawnbrokers'  books.  St.  1898,  515.  (See  181>5, 
497.) 

Skct.  39.  Provision  for  licenses  for  stables.  St.  1890,  230,  395  ;  1891, 
220;   1895,213;   189G;332;   1897,  300,  428  §  2.      (See  1889,  89.) 

No  livery  stable  shall  be  within  two  hundred  feet  of  a  church,  etc.,  with- 
out consent  of  the  society  worshipping  therein.     St.  1891,  220  §  2. 

Sects.  40-53.  Provision  for  inspection  of  steam  boilers.  St.  1894, 
481  §3;  1895,  418,  471;  1898,  167,  261.  (See  1892,419;  1893,387; 
1896,  .546.) 

Sect.  54.  Cities  and  towns  may  regulate  sale  or  use  of  toy  pistols,  toy 
cannon  and  articles  in  which  explosives  are  used.     St.  1882,  272. 

Fire-arms  or  dangerous  weapons  mav  not  be  sold  or  furnished  to  persons 
mider  tifteen.     St. 'l884,  70. 

Sect.  56.  Provision  made  for  notice  to  chief  engineer,  etc.,  of  place  of 
storage  of  gunpowder  and  explosive  compounds.     St.  1882,  269. 

Sects.  69-75.  Regulations  for  preparation,  storage,  inspection  and  sale 
of  kerosene  and  petroleum  products  and  erection  of  buildings  therefor. 
St.  1885,  98,  122;   1894,  399.     (See  1882,  250.) 

Sects.  80-84.  The  licensing  of  dogs  is  further  regulated.  St.  1885, 
292;   1886,  259  §  2;   1887,  135,  307;   1890,  72;  1892,  50. 

The  keeping  of  blood-hounds  and  other  like  dogs  is  restricted.  St.  1886, 
340  ;   1892,  50. 

Special  licenses  may  be  granted  for  breeding  purposes.     St.  1887,  307. 

Bond  required  to  account  for  receipts  from  dog  licenses.  St.  1888,  320. 
Time  for  payment  of  such  receipts  changed.     St.  1886,  259. 

Sect.  83  amended.     St.  1886,  101  §  4.     (See  1898,  433.) 

Sect.  86.  Provision  for  recording  licenses  in  cases  of  transfer.  St. 
1884,  185. 

Sect.  92.  Slaughtering  animals  in  certain  towns  regulated.  St.  1897, 
428  §  2.  ^  ^  . 

Sect.  98  et  seq.  The  law  as  to  damages  to  domestic  animals,  etc.,  by 
dogs  is  revised.     St.  1889,  454;   1894,  309.     (See  1886,  259  §  1.) 

Provision  for  appropriations  from  dog  tax  for  maintenance  of  free  public 
libraries  in  towns.     St.  1890,  347  §  5. 

Sect.  115  amended.  No  license  shall  be  granted  for  Sunday  exhibitions. 
St.  1895,  434  §  3.     (See  1894,  353.) 

An  act  to  prevent  immoral  shows  and  entertainments.     St.  1896,  339. 

Sects.  115-127.  Provision  for  licensing  skating  rinks.  St.  1885,  196. 
And  picnic  groves.     St.  1885,  309.     (See  1887,  445.) 

Admission  of  children  to  places  of  amusement  regulated.     St.  1887,  446. 

Sects.  116-119.  Municipal,  district  and  police  courts  have  jurisdiction 
under  these  sections.     St.  1887,  293. 

Sect.  124.  Rate  and  manner  of  pavmcnt  for  these  licenses  changed. 
St.  1882,  258.     (See  1894,  180.) 

Fee  for  pawnbrokers'  license  established  in  certain  cases.  St.  1895, 
497  §  2. 

Hawking  and  peddling,  gaming,  horse-i-acing  and  shows  are  restricted. 
St.  1887,  445.     (See  1885,  309.) 


Chaps.  103,  104.]  PuBLIC    STATUTES.  .     935 


Chapter  103.— Of  the  District  and.  Other  Police. 

The  laws  relating  to  the  inspection  department  of  the  district  police  are 
revised.  St.  1894,  481.  (See  1888,  113,  389,  399,  42G  ;  1891,  302,  357 
§6;  1892,318;  1893,111,199,387;   1894,337,341;   1898,167,366,483.) 

Provision  for  a  reserve  police  force  in  certain  cities.     St.  1896,  314. 

Special  oflicers  appointed  in  an  emergencj'  must  be  residents  of  the  State 
St.  1892,  413.  Duties  of  special  disti-ict  police  officers  defined.  St.  1898, 
483. 

Tenure  of  police  officers  regulated  in  certain  cities.     St.  1890,  319. 

Police  matrons  required  in  certain  cities.     St.  1887,  234;   1888,  181. 

Pensions  are  provided  for  in  certain  cities.  St.  1887,  178;  1892,  353, 
378;   1893,  51;   1898,  172. 

The  district  police  may  enforce  fish  and  game  laws.     St.  1897,  288. 

Sect.  1.  Number  of  district  police  increased.  St.  1885,  131 ;  1887, 
256  ;  1888,  389  ;  1891,  357  §  6  ;  1894,  281,  481 ;  1895,  310,  396,  418  §  8  ; 
1898,261.  (See  1885,  158;  1888,  426  §  13  ;  1891,302;  1893,387;  1898, 
433  §  28.) 

The  requirement  of  an  examination  by  a  justice  is  repealed.  St.  1885, 
186.     (See  1884,  190.) 

Sect.  3.     Clerks  provided  in  chief's  office  and  their  salaries  fixed.     St. 

1890,  137;   1892,  249;   1898,  219.     Boston.     St.  1897,  320. 
Sect.  5.     Salaries  fixed.     St.  1887,  127;   1892,128. 

Sect.  7.  Private  detectives  may  be  licensed  in  cities  of  12,000  in- 
habitants.    St.  1898,  486. 

Sect.  10.  Duties  of  inspectors  extended.  St.  1887,  218;  1888,  149 
§  3,  316,  399,  426;  1891,  357;  1895,  136  §  3,  144  §  3,  418,  471;  1896, 
546;  1897,288;  1898,  167,  483,  494  §  8.  (See  1882,  266  §  6  ;  1885,326; 
1887,  219,  226;  1888,  207,  389;  1890,  438;  1891,261;  1892,318;  1893, 
387;   1894,  441.) 

An  appeal  is  given  from  certain  orders  of  inspectors.     St.  1890,  438 ; 

1891,  261. 

Sect.  11  is  repealed.  St.  1894,  481.  (See  1886,  260  §  3 ;  1890,  83; 

1893,  111;   1898,  320.) 

Sects.  13-20.  Railroad  police  shall  be  sworn.  Tenure  of  office  regu- 
lated. St.  1883,  65.  (See  1890,  440  §  9 ;  1898,  282.)  Street  railway 
police  provided  for.  St.  1895,  318.  An  act  relative  to  evidence  of  ap- 
pointment of  railroad  and  steamboat  police.     St.  1896,  225. 

Chapter  104.  —  Of  the  Inspection  of  Buildings. 

An  act  to  authorize  the  establishment  of  a  building  line  on  public  ways. 
St.  1893,  462:   1896,  313;   1897,  379. 

The  height  of  buildings  in  cities  is  restricted.  St.  1891,  355.  And  on 
parkways l\ud  boulevarcfs.     St.  1896,  313;   1897,  379. 

Sects.  1-14,  21,  22  and  24  are  repealed  and  the  erection  and  construc- 
tion of  buildings  to  be  used  for  certain  public  purposes  ai'e  regulated.     St. 

1894.  382,  481,  508.      (See  18«2.  208,  266  ;   1883,  173,  251  ;   1884, 52, 223 ; 
1885.  326:   1886,  173;   1887.  103  §  3,  173.  218;   1888,  113,  207,  305,316; 


936  Changes  in  the  [Chap.  105. 

1890,  83,  90,  179,  307,  438;  1892,  419;  1898,  111,  199,  387;  1894,  337, 
341  ;   1895,  368.) 

Buildmg  law  for  Boston.  St.  1892,  419;  1893,  170,  293,  297,  464; 
1894,  257,  443;  1895,  97,  239,  280,  314;  1896,  416,  520;  1897,  175,  265, 
300,  310,  413;  1898,  209,  228,  308.  (See  1888,  316;  1893,  199;  1898, 
268,  284.)  Public  lodging-houses  in  Boston  regulated.  St.  1894,  414. 
(See  1883,  251  §  2  ;   1888,  426;   1892,  410.) 

Sects.  4-12.  Provision  made  for  inspection  and  proceedings  under  these 
sections.  St.  1888,  149,  316,  399,  426;  1890,  438;  1891,  261.  (See 
1892,  419.)  And  for  inspection  of  certain  steam  boilers.  St.  1895,  418; 
1898,  167.  (See  1893,  387;  1894,  481;  1895,  471;  1898,  261.)  Of 
plumbing.  St.  1888,  105;  1893,  477;  1894,455;  1895,453.  And  gas- 
litting  in  Boston.      St.  1897,  265. 

Sect.  6.  Provision  for-  appointment  of  officers  where  there  is  no  engi- 
neer.    St.  1888,  399  §  4. 

Sect.  8.  Appeal  given  from  orders  of  district  police  inspectors.  St. 
1894,  481.      (See  1890,  438;   1891,  261.) 

Sect.  12.     Superior  court  given  concurrent  jurisdiction.     St.  1891,  293. 

Sects.  13-24.  In  manufacturing  establishments  run  by  steam  the  engi- 
neer's room  must,  if  required  by  inspector,  have  means  to  communicate 
with  machinery  rooms,  and  to  control  the  power.  St.  1886,  173;  1890, 
179. 

The  placing  of  traversing  machinery  in  cotton  factories  is  regulated.  St. 
1896,  343. 

Sect.  14.     Extended  to  mercantile  and  public  buildings.     St.  1882,  208. 

The  use  of  elevators  is  further  regulated.  St.  1882,  208 ;  1883,  173 ; 
1890,  90. 

Sects.  15-20  are  repealed  and  the  provisions  for  precautions  against  fire 
are  revised  and  extended.  St.  1882,  251;  1884,  223;  1888,  86,  426; 
1894,  382,  481  §§  24-41,  46.  (See  1882,  266;  1884,  52;  1888,  207,  316, 
399,  426;  1890,  307,  378;  1892,  419;  1893,  199;  1894,  341,  454;  1895, 
228,  368,  418;  1898,  268.) 

Sect.  19.     See  St.  1884,  52;  1894,  481  §  53. 

Sect.  20.  As  to  construction  of  buildings  to  be  used  as  theatres,  see 
St.  1888,  207,  426;    1894,  382,  481  §  53. 

Provision  for  securing  proper  sanitary  precautions  in  school-houses,  fac- 
tories and  workshops.  St.  1894,  508.  (See  1887,  103  §  3,  173,  218; 
1888,  149,  305;   1891,  261.) 

Sect.  23  is  revised.  St.  1887,  276.  (See  1882,  266  §  4 ;  1887,  219  ; 
1888,  426.) 

Sect.  24  is  made  to  apply  to  sections  16  to  21.     St.  1882,  266  §  5. 

Chapter  105.  — Of  Certain   Powers,  Duties    and   Liabilities   of  Cor- 
porations. 

Change  of  name  of  corporations  subject  to  provisions  of  chapters  106- 
119  provided  for.  St.  1891,  360  ;  1892,  198,  201.  (See  1891,  257  ;  1895, 
104  ;   1896,  523.) 

An  act  to  authorize  certain  corporations  to  surrender  their  certificates  of 
incorporation.     St.  1898,  502. 


Chap.  106.]  PUBLIC    STATUTES.  937 

Assuming  name  of  another  corporation,  or  a  similar  name,  is  restricted. 
St.  1891,  257.      (Sec  188S,  413  §  27,  429  §  2.) 

Conditions  prescribed  for  foreign  corporations  doing  business  here.  St. 
1882,  lOG;  1883,  74;  1884,  330;  1886,  230;  1889,  393;  1890,  329; 
1891,  341  ;  1894,  381,  476,  541  ;  1895,  157,  311;  1896,  391  ;  1897,  423. 
(See  1887,  214  §§  77-88,  91,  92;  1888,  321,  429  §  13;  1889,  356,  427, 
452  ;   1890,  197,  199,  304,  310,  321,  329  ;   1891,  275,  368,  403  ;   1892,  129  ; 

1893,  303;   1894,  522  §§  77-91;   1896,  '28ii.) 

Certain  foreign  corporations  may  hold  real  estate.  St.  1888,  321 ;  1895, 
387.     (See  1884,  330.) 

Penalties  for  fraud  of  officers  and  stockholders  extended  to  foreign  cor- 
porations doing  business  here.  St.  1895,  157.  And  liability  for  debts  and 
contracts.     St".  1896,  391. 

Issuing  obligations  to  be  redeemed  in  numerical  or  arbitrary  order  of 
precedence,  is  prohibited.     St.  1891,  382. 

Provision  for  insolvency  proceedings  by  or  against  certain  foreign  cor- 
porations.    St.  1890,  321. 

Laws  relative  to  composition  in  insolvency  apply  to  Massachusetts  stock 
corporations.     St.  1897,  247. 

Safe  deposit,  loan  and  trust  companies  are  subject  to  the  duties,  restric- 
tions and  liabilities  set  forth  in  this  chapter.  St.  1888,413.  (See  1887, 
89,225;  1889,342,452;  1890,  315;  1892,  327;  1893,  114;  1894,  274; 
1896,  423.) 

Sect.  8  is  amended.     St.  1898,  336. 

Sects.  14,  15  are  repealed,  but  officers  may  be  removed  for  previous  vio- 
lations of  section  14.     St.  1889,  222. 

Sects.  18,  19  are  repealed,  and  the  issue  of  stock  or  scrip  dividends  by 
certain  corporations  is  prohibited.     St.  1894,  350. 

Sect.  20.  Issue  of  new  stock  and  bonds  by  certain  quasi-public  cor- 
porations regulated.  St.  1886,  346  §  3  ;  1887,  366  ;  1894,  450,  452,  462, 
472,  476,  501,  502,  543  ;   1896,  409,  473,  544  §  3  ;   1897,  337. 

Sect.  21.  Stockholder  may  require  list  of  stockholders  filed  in  office  of 
secretary  of  the  Commomvealth.     St.  1889,  222  §  3. 

Sect.  24.  No  record  is  necessary  for  the  transfer  of  stock.  St.  1884, 
229. 

Sect.  28.     See  St.  1884,  268,  330;  1888,  321;  1889,  393;   1890,  321; 

1894,  384. 

Sects.  41-14.     See  St.  1898,  502  §  2. 

Sect.  42.  The  time  limit  is  stricken  out.  St.  1884,  203.  Attachment 
of  property  is  dissolved  by  ai)pointnient  of  receiver.     St.  1898,  420. 

Certain  claims  shall  be  preferred  in  settlements  by  receivers.  St.  1897, 
400. 

Chapter  106.— Of  Manufacturing  and  Other  Corporations. 

Corporations  created  under  this  chapter  may  issue  special  stock,  to  be 
held  by  tiieir  employees  only.     St.  1886,  209. 

Manufacturing  corporations  may  support  free  beds  in  hospitals  for  use 
of  their  employees.     St.  1889,  258. 

Sects.  3,  4,  51.  Corporations  governed  by  these  sections  may  change 
their  business  under  section  51.     St.  1885,  310.     (See  1898,  503,  504.) 


f)38  Cha:n'ges  ix  the  [Chap.  loe. 

Sect.  6  et  seq.  Corporations  to  examine  and  guarantee  titles  of  real 
estate  are  authorized  and  regulated.  St.  1884,  180;  1887,  214  §§  62,  63. 
And  for  the  cremation  of  the  dead.  St.  1885,  265.  (See  1886,  101  §  4  ; 
1888,  306  §  2;   1894,  437.) 

Sects.  7,  8,  13,  14.     Par  value  of  shares  regulated.     St.  1894,  500. 

Sect.  11  extended  to  hydrostatic  and  pneumatic  pressure  for  mechanical 
power.     St.  1891,  189  ;   1893,  397. 

Sects.  11,  52,  75  extended  to  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.     St.  1885,  240. 

Sect.  13  extended  to  include  buildings  for  manufacturing  and  mechani- 
cal purposes.     St.  1888,  116. 

Sect.  17.  Method  established  for  change  of  name  of  corporations  sub- 
ject to  provisions  of  chapters  82,  106-119,  and  acts  ameudatory  thereof. 
St.  1891,  360;   1892,  198,  201;  1895,  104;   1896,  523.      (See  1891,  257.) 

Sect.  26.     Provisions  as  to  treasurers'  bonds.     St.  1896,  346. 

Sect.  27.  Clause  as  to  proxy  or  attorney  casting  more  than  fifty  votes 
is  repealed.     St.  1888,  188.      (See  1889,  222.) 

Sect.  31.     See  St.  1898,  503  §  1. 

Sect.  34  et  seq.  Increase  of  stock  of  certain  quasi-public  corporations 
regulated.  St.  1886,  346  §  3 ;  1887,  366  ;  1894,  350,  450,  452,  462,  472, 
47^6,  501,  .502,  543  ;   1896,  409,  473,  544  §  3  ;  1897,  337.      (See  1890,  371.) 

Sects.  39-41  are  repealed.     St.  1894,  472. 

Sect.  50.  Certain  foreign  corporations  may  hold  i-eal  estate  here.  St. 
1888,  321  ;  1895,  387.      (S^ee  1884,  330.) 

Sects.  51,  52.  Gas  companies  may  be  authorized  to  furnish  electric 
light  and  power.  St.  1887,  385.  (See  1885,  240.)  Fee  for  filing  certifi- 
cate fixed.     St.  1895,  169.      (See  1896,  523.) 

Sect.  54  extended  to  foreign  corporations  having  usual  places  of  busi- 
ness in  this  Commonwealth.  St.  1891,  341;  1894,  541;  1895,157,311. 
(See  1884,  330.) 

Sects.  54,  55,  59,  81,  82,  84.  All  corporations,  with  certain  exceptions, 
are  subject  to  these  sections  and  must  make  the  certificates  and  return 
therein  required.  St.  1887,  225;  1890,199;  1891,341;  1894,541;  1895, 
157,311;  1896,369.  (See  1884,  330;  1889,  224.)  Auditors' provided 
for.     St.  1897,  492;   1898,  64. 

Any  stockholder  may  require  a  list  of  stockholders  to  be  filed.  St.  1889, 
222  §  3. 

The  certificates  are  deemed  to  be  recorded  by  the  act  of  filing.  They 
are  to  be  preserved  in  book  form.     St.  1890,  199. 

Sect.  59  is  amended.  Changes  in  par  value  of  shares  and  in  business 
must.be  approved  by  commissioner  of  corporations.     St.  1898,  503,  504. 

Sect.  60  is  amencled.     A  sixth  clause  added.     St.  1898,  266. 

Sects.  60-71  apply  to  foreign  corporations.  St.  1896,  391 ;  1897,  423. 
(See  1895,  311;   1897,  247.) 

Sects.  62-71  apply  to  mortgage  loan  and  investment,  and  safe  deposit, 
loan  and  trust  companies.     St.  1888,  387  §  11,  413  §  14. 

Sects.  75,  76  amended.     St.  1896,  544. 

Sect.  75  et  seq.  A  board  of  gas  and  electric  light  commissioners  is 
established,  and  the  business  of  the  companies  is  regulated.    St.  1885,  240, 


Chaps.  107-109.]  PUBLIC    STATUTES.  939 

314;  1880,  250,  346;  1887,  382,  385;  1888,  350,  428;  1889,  169,373; 
18<)0,  252;  1891,370;  1892,  67,  259,  263,  274;  1893,  454;  1894,  182, 
299,  316,  327,  432,  448,  450,  501,  533, 538  ;  1895,  228,  330,  350,  420  ;  1896, 
356,426,473,480,544;  1898,  499.  (See  1891,  189;  1894,503;  1898, 
366.)  Actions  of  tort  autliorized  against  gas  and  electric  light  companies 
for  loss  of  life  by  negligence.     St.  1897,  416. 

Pnenmatic  pressure  is  included.     St.  1896,  544. 

Sect.  81.     See  St.  1891,  341;   1894,  541;   1897,  492. 

Sect.  84.  Fee  for  filing  and  recording  certificates  changed.  St.  1895, 
169;   1896,  523. 

Chapter  107.  —  Of  Swine  Slaughtering  Associations. 

Sect.  2  is  amended.  St.  1886,  101  §  4.  (See  1891,  360 ;  1892,198, 
201:   1896,  523;   1898,  433  §  28.) 

Chapter  108.— Of  Canal  and  Bridge  Corporations. 

See  St.  1891,  360;   1892,  198,  201;   1895,  104;   1896,  523. 

Chapter  109.— Of   Companies  for  the  Transmission  of  Intelligence 

by  Electricity. 

This  chapter,  except  sections  16  and  18,  applies  to  lines  for  electric  light. 
St.  1883,  221.     (See  1891,  360;  1892,  198,  201  ;  1895,  104;  1896,  523.) 

The  erection  and  use  of  wires  for  telegraph,  telephone  and  electric  light- 
ing are.  regulated.  St.  1883,  221;  1884,  302,  306;  1885,  267,380;  1887, 
38^2,385;  1889,398,434;  1890,404;  1891,  370;  1892,  274;  1893,  274, 
454;  1894,  182,  299,  316,  327,  432;  1895,  228,  330,350,420;  1896,  356, 
426,473,  480,  544.  (See  1888,  350.)  As  to  Boston,  see  1894,  454; 
1895,  228  §  2;   1898,  268. 

Provisions  for  security  against  accidents  from  electric  wires.  St.  1890, 
404;   1895,228;    1898.  2 68^. 

Action  of  tort  authorized  against  electric  light  company  for  loss  of  life 
by  negligence.     St.  1897,  416. 

Sncr.  4  amended.  Abutters  may  have  damages  for  erection  or  altera- 
tion of  telegraph,  telephone  and  electric  light  and  power  lines  along  high- 
ways.    St.  1884,  306.      (See  1884,  302.) 

Sect.  7.     At  least  half  must  be  paid  in  in  cash.     St.  1893,  274. 

New  issue  of  stock  and  bonds  regulated.  St.  1890,  371;  1894,450, 
452,472,  476;  1896,  473.  (See  1894,  501.)  Stock  or  scrip  dividends 
prohibited.     St.  1894,  350. 

Sect.  10.  Telephone  companies  must  furnish  service  without  discrimi- 
nation.    St.  1885,  267. 

Telegraph  companies  are  made  liable  to  amount  of  SlOO  for  damages 
caused  by  negligence  in  transmitting  messages.     St.  1885,  380. 

Sects.'  12,  15.  "Wires  may  not  be  put  on  another's  property  without  his 
consent.     St.  1884,  302.     (See  1884,  306.) 

Electric  lisht  or  power  companies  are  authorized  to  mortgage  property 
to  secure  bonds.     St.  1890,  371  ;   1894,  501. 

Sect.  16.     See  St.  1895,  330. 


940  Changes  in  the  [Chaps.  110-112. 


Chapter  110. —  Of  Aqueduct  Corporations. 

See  St.  1891,  3G0;   1892,  198,  201;   1895,  104;   189G,  523. 

Payment  and  returus  of  capital  stock  regulated.     St.  1894,  380. 

Sect.  2  is  amended.     St.  1897,  496  §  6.      (See  1898,  168.) 

Sects.  7,  8  are  repealed  and  issue  of  stock  and  bonds  regulated.     St. 

1894,  452,  472,  476.     (See  1894,  350.) 

Chapter  111.  —  Of  Proprietors  of  Wharves,  General  Fields  and  Real 
Estate  Lying  in  Common. 

Sect.  4  is  amended.  A  sworn  return  is  required.  St.  1897,  496  §  7. 
(See  1891,  360;   1«92,  198;   1896,  523.) 

Chapter  112.  — Of  Railroad  Corporations  and  Railroads. 

See  St.  1891,  360;   1892,  198,  201;   1895,  104;   1896,  523. 

The  operation  of  railroads  by  electricity  is  authorized.     St.  1892,  110. 

State  inspection  of  tracks,  equipment,  etc.,  is  provided  for.  St.  1894, 
535. 

Railroad  corporations  are  required  to  issue  mileage  tickets  which  shall 
be  accepted  on  all  railroad  lines  in  the  State.     St.  1892,  389. 

The  issuing  of  tickets  free  or  at  less  than  usual  rates  to  members  of  the 
legislature,  the  executive,  the  judiciary  and  certain  others  is  forbidden. 
St.  1892,  59. 

Railroad  companies  ma}^  join  relief  societies  of  employees.  St.  1886, 
125.      (See  1882,  244;    1887,  270  §  6 ;   1890,  181.) 

Provision  for  elevated  railways  in  and  near  Boston.     St.  1894,  548.  550: 

1897,  500.      (See  1890,  368.) 

Provision  for  compensation  for  joint  occupancy  of  stations  and  grounds. 
St.  1893,  142.      (See  1896,  516;   1898,  248.) 

Conditional  sales  and  leases  of  equipment  and  rolling  stock  are  regulated. 
St.  1894,  326.  Leases  and  consolidations  must  be  approved  by  railroad 
commissioners.      St.  1894,  506. 

Sects.   7,  8.     See  St.   1897,  500  §  19. 

Sect.  9.     Assistant  clerk  allowed.     St.  1895,  313. 

Sects.   10-12.      Salaries  fixed :   Clerk;  St.  1885,  119.     Assistant  clerk ; 

1895,  313.  Accountant;  1885,  164.  Salaries  are  to  be  paid  monthly. 
St.  1885,  224.  Allowance  made  for  books,  maps  and  incidentals.  St. 
1890,  200.      (See  1894,  535  §  8;   1896,  302;   1897,  376  §  4.) 

Sect.  14.  Powers  of  the  commissioners  increased.  St.  1882,  162,  265 
§  1;  1883,  117;  1885,  110,3.34;  1886,120;  1888,240;  1890,382;  1891, 
129,  204;  1892,  171,  228;  1893,  142,  210  §  2,315;  1894,41,462,469, 
472,  502,   506,   535,  543;    1895,  136,  316,  362,  378.      (See   1896,   409; 

1898,  366.) 

They  may  authorize  running  of  steamboats  on  Sundays.  St.  1897,  389. 
(See  1887,  391  §  3.) 

Sects.  21,  26.  Retiu'ns  and  statements  regulated.  St.  1889,  328; 
1893,  131.     (See  1889,  241.) 


Chap.  112.]  PUBLIC    STATUTES.  941 

Sect.  34.  The  commissioners  must  certif}-  that  public  convenience  and 
necessity  require  the  construction,  before  organization  of  a  railroad  com- 
pany under  the  general  law.     St.  1882,  205  §  1. 

Sect.  38  et  seq.  No  steam  railroad  may  be  located  within  three  miles  of 
the  State  House  except  ou  certain  conditions.  St.  1882,  265  §  4.  (See 
1884,  279.) 

Railroad  corporations  may  change  their  locations  to  improve  the  align- 
ment of  their  roads.     St.  1887,  430.     (See  1882,  149;   1884,  134.) 

Sects.  42-44.     See  St.  1898,  578  §  27. 

Sect.  44.  The  proceedings  are  void  unless  certificate  of  incorporation 
is  issued  within  one  year  from  the  tune  when  the  route  is  fixed.  St.  1882, 
265  §  2. 

Sect.  52.  Street  railwavs  shall  be  subject  to  provisions  of  this  section. 
St.  1897,  99. 

Sect.  54.  Clause  prohibiting  the  casting  of  more  than  fifty  votes  by  a 
proxy  or  attorney  is  repealed.     St.  1888,  188.     (See  1889,  222.) 

Sect.  56.     Delivery  of  written  transfer  suflJcient.     St.  1884,  229. 

Sects.  58,  59,  60.  Issue  of  capital  stock  and  bonds  regulated.  St. 
1887,  366  ;  1894,  462,  472,  502  ;  1897,  337.  (See  1893,  315  ;  1894,  476.) 
Stock  or  scrip  dividends  pi'ohibited.     St.  1894,  350. 

Sect.  62.     The  bonds  may  run  fifty  years.     St.  1887,  191.     (See  1883,  7.) 

Sects.  62-73.  A  purchaser  under  a  valid  foreclosure  and  his  grantees 
and  successors  have  the  same  i30wers  and  duties  as  the  original  corpora- 
tion.    St.  1886,  142. 

Sects.  63-70.  .Street  railway  companies  may  issue  bonds,  and  these 
sections  shall  apply.     St.  1889,  316;   1892,  192.      (See  1897,  337.) 

Sect.  81  et  seq.  Returns  and  statements  regulated.  St.  1889,  328 ; 
1893,  131.     (See  1889,  241.) 

Sect.  82  is  applied  to  street  railwa}'  companies.     St.  1892,  254. 

Sect.  89.  Time  of  notice  to  and  filing  of  location  by  railroad  corpora- 
tions under  St.  1878,  135  §  1,  is  changed.     St.  1882,  149.     (See  1896,  78.) 

Sect.  91  is  revised.  Land  may  be  taken  outside  of  the  location  for  one 
or  more  tracks,  subject  in  some  cases  to  certain  conditions.  St.  1884,  134. 
(See  1882,  149;  1887,  430.)  Locations  of  lands  purchased  may  be  filed. 
St.  1895,  356;   1896,  78. 

Sect.  115.  The  power  to  exempt  from  the  duty  to  fence  is  transferred 
to  the  railroad  commissioners.  Proceedings  to  revoke  exemptions  regu- 
lated.    St.  1882,  162. 

Sect.  117  et  seq.  No  riglit  of  way  across  any  railroad  track  or  location 
in  use  for  railroad  purposes  shall  be  acquired  by  prescription.  St.  1892, 
275.  Crossing  tracks  at  grade  by  street  railway  restricted.  St.  1895,  426. 
(See  1898,  404.) 

Sects.  117-138.  Wood  which  obstructs  view  at  crossings  may  be  cut. 
St.  1889,  371.     These  sections  are  not  affected  by  St.  1891,  170. 

Provision  is  made  for  the  abolition  of  grade  crossings.  St.  1885,  194; 
1887,  295;  1890,  428;  1891,  33,  123,  262;  1892,  312;  1893,  424;  1894, 
216;  1895,  103,  426;  1896,  439;  1897,  264;  1898,  200,  404,  538.  (See 
1882.  135;  1890.  382;  1891,  170  §  5;  1892,  178,  228;  1893,  283;  1894, 
545;   1895,  491.) 


942  Changes  ix  the  [Chap.  112. 

Railroad  companies  must  maintain  crossings  to  give  access  to  lauds  cut 
off  b}'  their  road-beds.     8t.  1892,  171. 

Sects.  127,  169.  The  commissioners  may  forbid  or  regulate  the  occupa- 
tion of  street  crossings.     St.  1885,  110  ;   1890,  382  ;   1892,  228  ;   1895,  426. 

Skcts.  128,  148,  160.  Provision  is  made  for  examination  of  railroad 
bridges.  St.  1887,  334.  And  tracks,  equipments,  etc.  St.  1894,  535 ; 
1897,  376. 

Sects.  129-132  amended.     St.  1885,  194;    1887,  295.      (See  1882,  135.) 

Sects.  129-134.  P.  S.,  ch.  51,  applies  to  alterations  of  ways  at  railroad 
crossings.     St.  1884,  280.      (See  1890,  428  §  12.) 

Sect.  131  amended.  St.  1885,  194  §  4;  1887,  295.  (See  1890,  428 
§  12;   1893,  283;   1894,  545;   1895,  103;   1896,  439;   1897,  264.) 

Sect.  138.  Appeal  provided  from  decision  of  the  county  commissioners. 
St.  1882,  135.      (See  1885,  194  §  6;   1890,  428  §  12;   18ii2,  171.) 

Sect.  139.  Clause  forbidding  branches  within  eight  miles  of  the  State 
House  is  stricken  out.     St.  1884,  279.      (See  1882,  265  §  4.) 

Sect.  148.  Railroad  drawbridges  over  Charles  river  regulated.  St. 
1889,  246;   1890,  118.      (See  1887,  334.) 

Sects.  148-150.  Extended  to  drawbridge  over  Fort  Point  channel  in 
Boston.     St.  1893,  357. 

Sects.  156,  157.     See  St.  1893,  142;   1896,  516;   1898,  248. 

Sect.  159.  Frogs,  switches  and  guard  rails  must  be  blocked  to  the 
approval  of  the  railroad  commissioners.     St.  1886,  120;   1894,  41. 

Sect.  160.     See  St.  1887,  334. 

Sect.  161.  Provision  made  for  interlocking  or  automatic  signals  at 
railroad  crossings.     St.  1885,  85.     (See  1888,  240.) 

Sect.  163  et  seq.  The  commissioners  may  forbid  or  regulate  locomotive 
Avhistles  at  highway  crossings.  St.  1885,  334.  (See  1890,  173.)  And 
may  recommend  changes  in  making  up  freight  trains  and  sounding  whistles. 
St.'l891,  204.     (See  1891,  129.) 

At  least  three  separate  and  distinct  blasts  of  the  whistle  are  required  at 
crossings.     St.  1890,  173. 

Sects.  164-166.  The  railroad  commissioners  may  require  gates,  flags  or 
electric  signals  at  highway  crossings.  St.  1883,  117;  1888,  240.  And 
signals  at  crossings  above  grade.     St.  1891,  129.      (See  1892,  228.) 

Sect.  169  is  extended  to  receivers  and  assignees  of  railroad  corporations. 
St.  1895,  173. 

Sect.  170.     Locomotive  boilers  must  be  tested.     St.  1882,  73. 

Certain  safety  appliances  are  required  on  freight  cars.  St.  1884,  222 ; 
1895,  362.      (See  1886,  242;   1894,  59;   1897,  491.) 

Sect.  171.  Additional  tools  and  safeguards  against  fire  required.  St. 
1882,  54.      (See  1887,  362;   1891,  249.) 

Sect.  172.  The  heating  of  passenger  cars  is  regulated.  St.  1887,  362; 
1891,  249. 

Sect.  179.  The  requirement  of  an  examination  for  color  blindness 
every  two  years  is  repealed.     St.  1883,  125. 

Sect.  180.  Interchangeable  mileage  tickets  are  required.  St.  1892, 
389.     Extra  fare  paid  on  trains  regulated.     St.  1883,  32. 

Sects.  181-183.     Railroad  corporations  shall  not  require  women  or  chil- 


CiiAi'.  113.]  Public  Statutes.  943 

dren  to  ride  in  smoking  cars.  St.  1888,  176.  A  car  in  motion  is  a  train 
under  8t.  1887,  270  §  1  cl.  3.     St.  1897,  491. 

Sect.  187  et  seq.  Transportation  and  delivery  of  intoxicating  liquors  in 
no-license  towns  reijulated.     St.  1897,  271. 

Skct.  188.  Extended  to  freight  charges.  St.  1882,  225.  (See  1882, 
94.)  And  to  express  business  on  railroad  and  steamboat  lines.  St.  1894, 
469. 

Skcts.  192-194  are  revised.     St.  1893,  210. 

Skct.  VJb  et  seq.  As  to  railroad  police,  see  St.  1883,  6.5;  1896,  225; 
1898,  282. 

Sect.  204.  The  maximum  penalty  for  placing  obstructions  on  railroad 
tracks  is  increased.     St.  1890,  332. 

Sect.  205.  The  unlawful  use,  removal  or  tampering  with  the  tools,  etc., 
reciiiired  to  be  carried  on  passenger  trains  is  made  an  offence.  St.  1882, 
54  §  2. 

Sect.  206.     See  St.  1895,  318. 

Sect.  207.     Word  '■'  electric  "  stricken  out.     St.  1884,  5. 

Sect.  212.  Emploj-ees  are  included  under  this  section.  St.  1883,  243. 
Thev  may  sue  for  damages.  St.  1887,  270;  1888,  155;  1892,  260;  1893, 
359;  1894,  499;  1897,  491.  (See  1883,  243;  1888,  365;  1889,  154; 
1894,  469  §  3;   1895,  362  §  7 ;   1896,  302.) 

Sect.  214  is  amended.     St.  1895,  293. 

Sect.  216.     See  St.  1893,  142. 

Sects.  223,  224.  When  their  consent  is  required  the  commissioners  may 
regulate  tracks  at  crossings  by  a  railway  for  private  use.     St.  1890,  382. 

Chapter  113.  —  Of  Street  Railway  Companies. 

Provision  for  extension  of  franchises  of  street  railway  companies.  St. 
1896,  501. 

The  law  as  to  street  railways  is  revised.  St.  1898,  578.  (See  St.  1891, 
360;   1892,  198.  201;   1895,  104;   1896,  523.) 

Street  railwav  companies  shall  be  subject  to  provisions  of  Pub.  Sts., 
ch.  13  §§  38-4L  53-66.     St.  1898,  417. 

Provisions  for  contracts  or  leases  between  companies  for  transportation 
over  connecting  lines.  St.  1897,  213.  And  for  purchase  and  consolida- 
tion of  lines.     St.  1897,  213.     (See  1897,  500.) 

Provision  for  rapid  transit  in  Boston  and  vicinity.  St.  1893,  481 ;  1894, 
548  ;  1895,  440  ;  1896,  492  ;  1897,  500.  (See  1890,  368  ;  1891,  365  ;  1892, 
424;   1896,  516;   1898,  578.) 

This  chapter  applies  to  companies  using  the  cable  system.  St.  1886, 
337  §  4. 

Liability  for  injuries  regulated.  St.  1886,  140;  1887,  270;  1888,  156, 
365;  1889,  154;  1892,  260;  1893,  359;  1894,  499;  1895,  362  §  7;  1896, 
302;   1897,  491;   1898.  578  §  11. 

An  action  of  tort  mav  be  brought  against  street  railway  corporations  for 
loss  of  life.     St.  1886,'l40. 

Street  railway  companies  mav  issue  mortgage  bonds  in  certain  cases  and 
Pub.  St.,  ch.  112  §§  63-70,  apply.     St.  1889,  316;   1892,  192. 


944  Chan"ges  tx  the  [Chap.  113. 


They  may  join  relief  societies  of  employees. 
244;   1886,' 125;   1887,  270  §  6.) 


St.  1890,  181.     (See  1882, 


May  acquire  and  hold  real  estate  for  pleasure  resorts.  St.  1895,  316. 
And  for  avoiding  grade  crossing  with  railroads.     St.  1898,  404. 

Conditional  sales  and  leases  of  rolling  stock  regulated.  St.  1894,  326. 
Leases  and  consolidations  must  be  approved  bv  railroad  commissioners. 
St.  1894,  506.      (See  1897,  213.) 

A  day's  work  for  certain  employees  defined.     St.  1894,  508  §  9.     (See 

1893,  386.) 

Sects.  2-6.     See  St.  1898,  578  §  13. 

Sects.  7,  21-24,  32,  44,  45  are  repealed.     St.  1898,  578  §  26. 

Sect.  8  amended.     St.  1898,  578  §  27. 

Sect.  10.  Street  railway  companies  shall  be  subject  to  provisions  of 
Pub.  St.,  ch.  112  §  52.     St.  1897,  99. 

Sect.  12.  Clause  as  to  prox}',  etc.,  casting  more  than  fifty  votes  re- 
pealed.    St.  1889,  210.      (See  1888,  188;  1889,  222.) 

Sects.  13-18.  Further  ])rovisious  made  as  to  increase  and  reduction  of 
capital  stock,  and  issue  of  bonds.  St.  1886,  337  §  3 ;  1887,  366 ;  1890, 
326;  1894,  462,  472,  476,  543;  1895,  316  §  3;  1896,  409;  1897,  337. 
(See  1893,  315.)     Stock  or  scrip  dividends  prohibited.     St.  1894,  350. 

Sect.   15  amended.     St.  1887,  366  ;   1896,  409. 

Sect.  16  repealed.     St.  1893,  315.     But  see  St.  1894,  472  §  3. 

Sect.   19  et  seq.     See  St.  1890,  368;    1894,  548,  550. 

Sect.  22  extended  to  Massachusetts  highway  commission.    St.  1896,  541. 

Sect.  27  et  s<iq.  Childi-en  under  ten  shall  not  be  permitted  to  enter  cars 
to  sell  newspapers,  etc.  St.  1889,  229.  This  section  is  repealed  as  to 
removal  of  ice  and  snow.     St.  1898,  578  §  26. 

Fenders  and  wheel  guards  provided  for.  St.  1895,  378.  (See  1890, 
364;  1891,366.)  And  enclosed  front  platforms.  St.  1897,452.  And 
street  railway  police.  St.  1895,  318.  (See  1896,  225.)  And  street 
sprinklers.  St.  1897,  315.  And  inspection  of  tracks,  equipments,  etc. 
St.  1897,  376.     (See  1898,  404,  578  §  15.) 

Sect.  39.  Cable  system  may  be  used.  St.  1886,  337.  (See  1887,  413 
§4;  1888,278.)  Electric  svstem  authorized  in  Boston.  St.  1887,413 
§  4;  1890,  454  §  12.  Elevated  railway  authorized.  St.  1890,-368;  1894, 
548;  1897,  500.  Street  cars  may  be  used  for  carrying  snow,  ice,  gravel, 
street  sweepings,  etc.     St.  1898,'328.      (See  1898, V)78  §§  12,  18.) 

Sects.  40,  41.  Street  railways  shall  not  cross  railroads  at  grade  unless 
by  consent  of  the  railroad  commissioners  or  special  commissioners.  St. 
1895,  426.      (See  1885,  110;    1890,  382;   1892,  228;   1898,  404.) 

Sect.  43.  Railroad  commissioners  may  require  additional  accommoda- 
tions for  the  travelling  public.  St.  1891,  216.  Shall  require  cars  to  be 
heated  at  certain  times.     St.  1895,  136. 

Sect.  46  et  seq.  See  St.  1887,  413;  1890,  4.54.  Free  transfer  checks 
may  not  be  discontinued  without  consent  of  railroad  commissioners.     St. 

1894,  383. 

Sect.  48  et  seq.  One  company  may  not  use  tracks  of  another  company 
unless  authorized  by  the  railroad  commissioners,  St.  1888,  278.  (See 
1886,  337  §  2;   1887,  413;   1894,  506;    1896,  501;   1897,  213,  269.) 


cnAi's.  iH,  115.]  Public  Statutes.  945 

Skct.  r),S.  Companies  are  required  to  contribute  to  expense  of  printing 
and  binding  their  annual  returns.     St.  1892,  254. 

Sect.  63.     Superior  court  given  concurrent  jurisdiction.     St.  18!)  1,  203. 

Chapter  114.  —  Of  Agricultural  and  Horticultural  Societies. 

Corporations  organized  mider  this  chapter  may  be  authorized  to  improve 
public  grounds.  St.  1885,  157.  (See  1891,  360;  1892,  198,  201;  1895, 
104;   1896,  523;   1897,  254.) 

Inspection  of  concentrated  commercial  feed  stuffs  is  provided  for.  St. 
1897,  117. 

Provision  is  made  for  a  bounty  for  sugar  from  beets  or  sorghum  cane. 
St.  1883,  189.  And  for  bounties  to  chartered  poultry  associations.  St. 
1895,  351. 

"Arbor  day"  established.     Res.  1886,  32. 

Skct.  1.     The  restriction  is  modified.     St.  1890,  297. 

An  agricultural  society  receiving  a  bounty  can  sell  or  mortgage  its  real 
estate  only  on  certain  conditions.     St.  1890,  274. 

Sect.  2.  Time  of  filing  certificate  changed.  The  board  may  require 
other  returns.     St.  1891,  124. 

Sect.   18  is  amended.     A  sworn  return  is  required,     St.  1897,  496  §  8. 

Sect.  20  et  seq.  Entering  or  driving  a  horse  that  is  disguised  or  differ- 
ent from  the  one  purported  to  be  entered,  etc.,  to  compete  for  a  purse  oi- 
premium  is  punishable.     St.  1892,  167. 

Provision  made  for  assignment  of  police  officers  at  exhibitions.  St. 
1892,  180. 

Registration  of  pedigrees  of  horses  used  for  breeding  purposes  provided 
for.     St.  1890,  334.     \See  1887,  143.) 

Chapter  115.  —  Of  Associations  for  Charitable,  Educational  and  Other 

"Purposes. 

Pi-ovision  for  change  of  purpose  of  incorporation.     St.  1898,  504. 

Provision  made  for  incorporation  of  labor  and  trade  organizations.  St. 
1888,  134.      (See  1892,  330.)     And  textile  schools.     St.  1895,  475. 

And  for  formation  of  relief  societies  of  railroad,  steamboat  and  street 
railwav  emplovees,  in  which  the  companies  mav  join.  Their  funds  are  not 
attachable.  St.  1882,  244;  1886,  125;  1890,^181.  (See  1887,  270  §  6  ; 
1891,  360;   1892,  198,  201;   1895,  104;   1896,  523.) 

The  consolidation  of  masonic  mutual  relief  associations  is  authorized. 
St.  1887,  140. 

The  incorporation  of  clubs  is  regulated.  St.  1890,  439;  1893,  226; 
1894,  542.      (See  1887,  206.) 

No  corporation  organized  for  medical  purposes  under  this  chapter  shall 
confer  degrees.     St.  1883,  268.      (See  1893,  355.) 

The  ))r()visions  of  tliis  chapter  apply  to  churches  incorporated  under  St. 
1887,  404. 

Pro\ision  for  sale  of  church  and  trust  property  by  order  of  supreme 
judicial  court.     St.  1897,  462. 

Sects.  2,  7.     See  St.  1896,  96;   1897,  97. 


946  Changes  in  the  [Chaps.  hg,  117. 

Sect.  3.  Increase  of  stock  and  par  value  of  shares  regulated.  St.  1888, 
177;   1890,  191.      (See  1888,  429.) 

Sects.  3-5.  Corporations  may  be  formed  for  life  and  casualty  insurance 
on  the  assessment  plan.  St.  1890,  421  ;  1892,  435;  1894,  367;  1895,  104, 
281,  340.      (See  1885,  183;    1887,  214  §§  2,  3;   1888,  429;   1898,  502.) 

Sects.  8-12  re-pealed,  and  law  as  to  fraternal  beneticiary  organizations 
revised.  St.  1894,  367;  1895,  104,  340;  1896,  102,  136;^  1898,  425  §  6, 
433  §  28,  474.  (See  1882,  195;  1884,  330;  1885,  183;  1887,  140;  1888, 
429;  1890,  341,  400,  421;  1891,  163,  257,  360;  1892,  40,  198,  201,  435; 
1893,  47,  321,  418;  1894,  60,  328,  381,  522  §  3 ;  1895,  104,  281;  1896, 
515,  523;   1898,  504.) 

Chapter  116.  —  Of  Savings  Banks  and  Institutions  for  Savings. 

This  chapter  is  repealed  and  the  laws  relating  to  institutions  for  savings 
are  revised  and  consolidated.  St.  1894,317;  1895,  164;  1896,  178,  193, 
231,  327,  361;  1897,  109,  262,  362;  1898,  148,  184,  425  §  6,  433  §  28, 
567.  (See  1882,  50,  77,  148,200;  1883,  52,127,  134,248,258;  1884, 
72,  150,  168,  253;  1885,  92,  111,  124,  210,  348;  1886,  69,  77,  93,  176, 
252,  300;  1887,  113,  196,  319;  1888,  40,  51,  53,  90,  96,  120,  127,  170, 
213,  250  §  2,  301  §  6,  3.55;  1889,  77,  86,  88,  91,  161,  180,  305,  321,  449, 
452;  1890,  44,  168,  222,  298,  330,  369,  394,  406;  1891,  171,  360,  403; 
1892,  198,  201,  248;  1893,  174,  230,  254;  1895,  104;  1896,171,  523; 
1898,  366,  420.) 

Provisions  as  to  bonds  of  officers  and  employees.  St.  1896,  361 ;  1898, 
247  §  1. 

Additional  expert  and  clerical  assistance  provided  for.  St.  1895,  66. 
(See  1897,  362.) 

Occupation  of  same  rooms  by  savings  banks  and  national  banks  re- 
stricted.    St.  1898,  567. 

Chapter  117.  —  Of  Co-operative  Savings  Fund  and  Loan  Associations. 

The  title  of  this  chapter  and  name  of  associations  changed  to  ' '  Co-oper- 
ative Banks."  St.  1883,  98.  (See  St.  1891,  360;  1892,  198,  201;  1895, 
104;   1896,  523.) 

The  business  of  co-operative  banking  is  regulated.  St.  1882,  251  ;  1883, 
98;  1885,  121;  1887,  216;  1889,  159^  452;  1890,  63,  78,  243,  310;  1891, 
403;  1894,342;  1895,  171,  172;  1896,  277,  285,  286,  327,  361;  1897, 
161;   1898,  247. 

The  business  may  not  be  carried  on  here  in  name  of  a  co-operative  bank 
unless  incorporated  here.  St.  1889,  452;  1896,  286.  (See  1890,  310; 
1891,  403.) 

Provisions  as  to  bonds  of  officers  and  employees.  St.  1896,  361 ;  1898, 
247  §  1. 

The  capital  stock,  corporate  franchise  and  personal  estate  of  co-operative 
banks  are  exempted  from  taxation.     St.  1890,  63. 

Sect.  1.  The  consent  of  the  savings  bank  commissioners  is  recpiired  for 
the  formation  of  co-operative  banks.     St.  1890,  243. 


Chaps.  118,  119.]  PUBLIC    STATUTES.  017 

Sect.  5.  Co-operative  banks  must  provide  a  guaranty  fund.  St.  1885, 
121  §  2. 

The  limit  of  capital  refers  to  the  capital  paid  in  on  shares.  St.  1887, 
21G  §  1. 

Sect.  6.     One  person  may  be  secretary  and  treasurer.    St.  188.5,  121  §  1. 

Skct.  8.  The  mode  of  retiring  shares  is  determined  and  their  value. 
St.  1887,  216  §  2.      (See  1882,  251.) 

Sect.  9  is  revised.  St.  1898,  247  §  3.  (See  1882,  251  §  1 ;  1887,  21G 
§  5.) 

Sect.  10  is  revised.  St.  1896,  277.  (See  1890,  78.)  Interest  may  be 
bid  instead  of  a  premium.     St.  1882,  251  §  2. 

Sect.  13  is  amended  and  new  provisions  made  as  to  the  security.  St. 
1889,  159  §  1 ;  1894,  342.      (See  1896,  277.) 

Sect.  14.     Provision  for  partial  payments.     St.  1887,  216  §  4. 

Sect.  15.  Fines  limited.  See  St.  1895,  172.  Withdrawal  value  to  be 
ascertained  at  time  of  forfeiture,  instead  of  time  of  default.    St.  1896,  285. 

Sect.  16  is  revised.     St.  1882,  251  §  1 ;   1885,  121  §  4. 

Sect.  17.     As  to  officers'  bonds,  see  St.  1896,  361 ;  1898,  247  §  1. 

Sect.  18.     See  St.  1885,  121  §  2. 

Sect.  19  is  revised.     St.  1898,  247  §  2. 

Sect.  20.  See  St.  1889,  1.59  §  2;  1891,  403;  1895,  171;  1896,  286, 
327. 

Chapter  118.  — Of  Banks  and.  Banking. 

Foreign  banking  corporations  doing  business  here  shall  indicate  on  their 
signs,  letter  heads,  etc.,  the  name  of  the  State  or  country  in  which  they 
are  chartered.  St.  1890,  329.  (See  1891,  360;  1892,  198,  201;  1895, 
104;   1896,  523.) 

The  incorporation  and  conduct  of  safe  deposit,  loan  and  trust  companies 
are  regulated.  St.  1887,  89  ;  1888,  413  ;  1889,  342,  452  ;  1890,  315,  329  ; 
1892,327;  1893,  114;  1894,  274;  1896,423;  1897,304;  1898,  425  §  6. 
(See  1887,  225;   1896,  369;   1898,  433  §  28.) 

And  of  mortgage  loan  and  investment  companies.  St.  1888,  387  ;  1889, 
427,  452;  1890,  329;  1891,  233,  275,  341;  1893,  303;  1895,  311.  (See 
1896,  391;   1897,  423.) 

A  commissioner  of  foreign  mortgage  corporations  is  established.  St. 
1889,427;   1891,275;   1893,303. 

The  occupation  of  same  rooms  by  national  banks  and  savings  banks  is 
restricted.     St.  1898,  567. 

Sect.  30  et  seq.  As  to  time  of  presentment  of  negotiable  instruments. 
See  St.  1885,  210;  1894,  333,427;  1895,201,415;  1896,228,496;  1898, 
533. 

Chapter  119. — Of  Insurance  Companies  and.  Insurance. 

This  chapter  is  repealed  and  the  insurance  laws  revised  and  codified. 
St.  1894,  522;  1895,  46,  59,  81,  104,  159,  190,  263,  271,  366,  474;  1896, 
124,  126,  137,  140,  171,  253,  270,  335,  402,  447,  448,  470,  515;  1897, 
%2.  63,  64,  65,  66,  67,  118,  186,  197,  357;  1898,  53,  54,  178,  380,  474, 
537.  (See  1882,  195;  1883,  33,  107,  126,  235,  258;  1884,  55,  58,  119, 
120,  177,  178,  180,  217,  235,  296;  1885,  183,  241,  300,  308,  354;  1886, 


U48  Changes  ix  the  [Chap.  120. 

187,  222;  1887,  214,  283;  1888,  84,  141,  151,  154,  165;  1889,  356,  378; 
1890,26,247,304;  1891,195,233,  289,  291,360,368,382;  1892,  47,198, 
201,  372;  1893,  54,  117,  224,  434;  1894,  19,  103,  120,  133,  137,  147,  225, 
300,  381  442,  444  §  7;  1895,  104,  281;  1896,  178,  523;  1898,  148,  160, 
184,  :i(i6;    1898,420.) 

Insurance  against  loss  by  bombardment  is  autliorized.     St.  1898,  380. 

An  act  to  prevent  over-insurance.     St.  1898,  571. 

Standard  form  of  lire  policy.  St.  1894,  522  §  60;  1895,  59  §§  3,  4, 
(See  1896,  140.)  ■ 

Employment  of  an  actuary  authorized.  St.  1895,  81.  And  an  examiner. 
St.  1896,  335. 

No  life  policy  shall  be  issued  without  previous  examination  by  a  regis- 
tered physician.     St.  1895,. 366.     (See  1894,  522  §§  68-73.) 

Disposal  of  certain  unclaimed  funds  of  insolvent  companies  regulated. 
St.  1890,  330.      (See  1883,  258;   1886,  300.) 

Agents  of  domestic  companies  must  be  registered.  St.  1895,  46;  1897, 
64. 

Sect.  2.     Salary  of  insurance  commissioner  established.     St.  1890,  247; 

1894,  522  §  4. 

Sect.  29.     See  St.  1894,  133  §  2. 

Sects.  117  to  130  apply  to  existing  mutual  marine  and  lire  and  marine 
companies.     St.  1894,  522  §  53. 

Sect.  145.  Life  and  casualty  insurance  on  the  assessment  plan  is  regu- 
lated.    St.  1890,  421;   1892,  435;   1896,  515.      (See  1885,  183.) 

Moneys  to  be  paid  by  life  or  casualty  insurance  companies  doing  busi- 
ness on  the  assessment  plan  are  made  not  attachable.  St.  1890,  421  §  23. 
(See  1885,  183  §  11  ;   1887,  214  §  73;   1892,  372.) 

The  organization  and  business  of  fraternal  beneficiary  associations  are 
regulated.  St.  1894,  367;  1895,  104,  340;  1896,  102,  136;  1897,  228; 
1898,  425  §  6,  474.  (See  1882,  195;  1885,  183;  18.^7,  140,  214;  1888, 
429;    1890,  341,  400,  421;   1891,  163,  233,  360;  1892,  40,  198,  201,  435; 

1893,  47,  321,  418;  1894,  60,  328,  522  §  3;  1895,  104,  281;  1896,  523; 
1898,  433  §  28.) 

Sect.  186.  Certain  veterans  exempted  from  payment  of  fees  for  certifi- 
cate to  act  as  insurance  broker.     St.    1895,   159.      (See   1894,   522  §  93; 

1895,  59  §  2;   1896,  448.) 

Sect.  201.  See  St.  1887,  214  §  80;  1889,  356;  1891,  195;  1894,  522 
§  80;  1895,  474  §  2. 

Chapter  120.  — Of  the  Alienation  of  Real  Estate. 

An  act  to  provide  for  registering  and  confirming  titles  to  land.  St. 
1898,  562. 

Sect.  1  et  seq.  The  recording  of  an  instrument  affecting  title  is  made 
conclusive  evidence  of  delivery.     St.  1892,  256.     (See  1898,  562  §  19.) 

An  act  to  simplify  the  proof  of  attested  instruments.     St.  1897,  3.S6. 

Form  of  executif)n  and  acknowledgment  of  deeds,  etc.,  established.     St. 

1894,  253;   1895,  460. 

A  conveyance  otherwise  valid  shall  be  effectual  notwitlistaniling  disseizin 
or  adverse  possession.     St.  1891,  354. 


Chaivs.  121-126.]  Public  Statutes.  949 

Skct.  4.  Office  copies  of  records  may  be  recorded  in  another  county  or 
district  where  part  of  the  land  lies.     St!  1881),  4-18. 

A  mortgage  is  declared  invalid  against  an  assignee  in  insolvency  in  cer- 
tain cases'.  \st.  l.s.ss,  :]\):]. 

Skct.  6.  Authority  of  magistrates  out  of  tlie  State  must  be  properly 
certified  to.     St.  1894,  253  §  3. 

Skct.  15.  Provision  for  construction  of  words  importing  a  want  or  fail- 
ure of  issue.     St.  1888,  273. 

Sect.  1!>  et  seg.  Sale  of  estate  subject  to  vested  remainder  may  be 
authorized.     St.  181)5,  183;   1807,  13(>. " 

Additional  provisions  for  appointment  of  guardians  ad  litem  or  next 
friends  of  persons  under  disability  or  not  ascertained.  St.  1896,  456 ; 
1897,  522. 

Sect.  28.     As  to  entries  for  breach  of  condition.     See  St.  1898,  514. 

Chapter  121.  — Of  Estates  for  Years  and  at  Will. 

See  Land  Registration  Act.     St.  1898,  562. 

Chapter  122.  —  Of  Easements. 

Xo  right  of  way  across  a  railroad  location  in  use  for  railroad  purposes 
shall  be  acquired  by  prescription.     St.  1892,  275.     (See  1898,  562.) 

Chapter  124.  —  Of  the  Rights  of  a  Husband,  in  the  Real  Estate  of  his 
Deceased  Wife,  and  the  Rights  of  a  Wife  in  that  of  her  Deceased 
Husband. 

Sect.  1.  AVords  "If  his  wife  does  not  otherwise  provide  by  will,"  in 
sixth  and  seventh  lines,  and  word  "  intestate,"  in  eighth  line,  stricken  out. 
St.  1885,  255;    1887,  290. 

Sect.   17  is  amended.     St.  18<S9,  234;   1894,  170. 

Chapter  125.  —  Of  the  Descent  of  Real  Estate. 

Sects.  3-5.     See  St.  1895,  427 ;   1896,  499  ;   1898,  562  §§  92,  93. 
Sect.  4.     If  the  mother  also  is  dead,  the  estate  descends  to  the  persons 
entitled  by  inheritance  through  her.     St.  1882,  132. 

Chapter  126.  —  General  Provisions  concerning  Real  Estate. 

An  act  to  provide  for  registering  and  confirmiuu'  titles  to  land.  St. 
189.S,  562. 

Conditions  or  restrictions  affecting  title  or  use  of  real  estate,  unlimited 
as  to  time,  shall  be  construed  as  limited  to  thirty  years,  except  in  certain 
cases.     St.  1887,  418. 

Provisions  relative  to  entries  for  breach  of  conditions  iu  deeds.  St. 
189H,  514. 

Provision  made  for  proceedings  to  determine  validity,  nature  and  extent 
of  certain  conditions,  restrictions,  etc.,  on  real  estate.  St.  1889,  442; 
1X90,  427;  1897,  522;  1898,  457.  (See  1882,  237;  1885,  283;  1893, 
310.) 


950  Changes  ix  the  [Chaps.  127-130. 

Construction  placed  on  words  importing  want  or  failure  of  issue  St. 
1888,  273. 

Sects.  5,  6.  A  conveyance  or  device  to  a  husband  and  wife  creates  a 
teuaucv  in  common  unless  otherwise  expressed.     St.  1885,  237. 

Sect.  13  extended  to  judgments  and  decrees.  St.  1892,  289 ;  1898, 
5(52  §  80.     And  to  use  or  occupation  of  buildings  on  the  real  estate.     St. 

1897,  4G3. 

Sect.   14.     See  St.  1898,  562  §  81. 

Chapter  127.  —  Of  Wills. 

Sect.  7.     See  St.  1889,  435. 

Sect.  8.  Marriage  shall  act  as  a  revocation,  except  in  certain  cases. 
St.  1892,  118. 

Sect.  13.     See  St.  1898,  562  §  92. 

Sect.  26.     See  St.  1891,  354. 

Sect.  33.     See  St.  1883,  223. 

Sect.  34  repealed  so  far  as  it  applies  to  probate  courts.     St.  1891,  415. 

Chapter  129.  —  Of  the  Probate    of  "Wills    and   the    Appointment   of 

Executors. 

Provision  for  appointment  of  a  judge  or  register  of  probate  as  executor 
in  certain  cases.     St.  1898,  69. 

The  probate  of  a  will  is  made  conclusive  in  certaiu  cases  after  two  years. 
St.  1889,  435. 

Sects.  1,  2.  Petitions  for  probate  must  be  sworn  to  by  petitioner.  St. 
1891,  414. 

Sect.  5.     See  St.  1893,  379 ;   1894,  527. 

Chapter  130.  —  Of  the  Appointment  of  Administrators. 

Sects.  1,  2.  Petitions  for  letters  testamentary  must  be  sworn  to  by 
petitioner.     St.  1891,  414.     (See  1897,  447.) 

Provision  made  for  granting  administration  without  notice  in  certain 
cases.      St.  1885,  260.     And  to  any  suitable  person.     St.  1890,  265. 

For  appointment  of  a  judge  or  register  of  probate  as  administrator  in 
certain  cases.     St.  1898,  69. 

A  decree  of  intestacy  is  made  conclusive  in  certain  cases  after  two  years. 
St.  1889,  435. 

Provision  for  settlement  of  estates  of  persons  who  have  been  alisent  and 
unheard  from  for  more  than  fourteen  years.     St.  1897,  447. 

Sects.  2,  8.  Administrators  may  be  allowed  to  give  bond  without  sure- 
ties in  certain  cases.  Failure  to  give  a  new  bond  when  reciuired  shall  l)e 
considered  a  resignation.  St.  1885,  274.  Failure  to  lile  ])ou(l  within  thirty 
daj's  after  appointment  shall  l)e  considered  declination  of  the  trust.     St. 

1898,  458.     (See  1893,  379.) 

Sect.  4.  Administration  may  be  granted  for  cause  upon  particular 
property  more  than  twenty  vears  after  the  person's  death.  St.  1889,  192. 
(See  1885,  242.) 


Chaps.  131-134.]  PUHLIC    STATUTES.  951 

Sect.  9.  Atlministrator  de  bonis  may  be  appointed  to  dif5tribute  un- 
claimed funds.      St.  18!»U,  408  §  2. 

Skcts.  10-17.  Special  administrator  may  be  allowed  to  pay  expenses 
of  executor  in  proving  the  will.  St.  188-4,  291.  (See  1884,  131.)  And 
such  debts  of  deceased  as  tlie  proljate  court  may  approve.     St.  1897,  199. 

An  act  relating  to  special  administrators.  St.  1898,  414.  (See  1893, 
372.) 

Chapter  131.  —  Of  Public  Administrators. 

Sect.  18.  Time  for  presenting  claims  under  this  section  limited.  St. 
1883,  264. 

Chapter  132.  —  General  Provisions   relative    to    Executors    and 

Administrators. 

Provision  for  administration  of  estates  of  persons  who  have  been  absent 
and  unheard  from  for  more  than  fourteen  years.     St.  1897,  447. 

Probate  courts  given  jurisdiction  in  equity  in  administration  of  estates 
of  deceased  persons.     Proceedings  regulated.     St.  1891,  415. 

Executors  or  administrators  may  provide  for  perpetual  care  of  burial 
lots.  St.  1897,  321.  ^lay  sue  for  damages  for  death  of  testator  or  intes- 
tate caused  by  negligence  of  a  person  or  corporation  or  their  employees. 
St.  1898,  565. 

A  judge  of  probate  may  be  appointed  in  another  county  executor  or 
administrator  of  a  person  deceased  in  his  own  count}'  in  certain  cases. 
St.  1898,  69. 

Sects.  1-4.  Provisions  as  to  the  proof  of  notice  are  revised.  St.  1888, 
148,380;   1889,315.     (See  1888,  420.) 

Sect.  6.  One  appraiser  may  be  appointed  when  deemed  advisable.  St. 
1897,  147.     (See  189G,  210.) 

Sects.  8,  13.  No  foreign  executor  or  administrator  shall  receive  his 
letter  until  the  appointment  of  resident  agent  is  properlv  made.  St.  1893, 
118.     (See  1889,  462;   1890,  420.) 

Pailure  to  lile  bond  within  thirty  daj's  shall  be  considered  a  declination 
of  trust.  St.  1898,  458.  And  failure  to  file  a  new  bond  when  required 
shall  be  considered  a  resignation.     St.  1885,  274. 

Chapter  134.  —  Of  Sales  and  Mortgages  of  Real  Estate  by  Executors 

and  Administrators. 

Executors  and  administrators  may  be  licensed  to  sell  at  private  sale. 
St.  1886,  137.     (See  1898,  562  §  93.) 

Real  estate  appraised  at  Si, 500  or  less  may  be  sold  for  purposes  of  dis- 
tribution.    St.  1890,  266. 

Sect.  13.  Change  in  method  of  proof  of  notice.  St.  1888,  148,  380; 
1889,  315.     (See  1888,  420.) 

Sect.  19  extended  to  intestate  estates.     St.  1895,  140. 


952  Cha:n'ges  in  the  [Chaps.  135-139. 


Chapter  135.  —  Of  Allowances  to  "Widows  and   Children  and  of  the 
Distribution  of  the  Estates  of  Intestates. 

Sect.  3,  cl.  3.  When  a  married  woman  dies  leaving  issue,  the  husband 
is  entitled  to  one-half  of  the  personal  estate.     St.  1882,  141. 

Cl.  5.  If  intestate  leaves  a  widow  and  no  kindred,  the  widow  is  entitled 
to  the  whole  of  the  residue.     St.  1885,  276. 

Chapter  136. — Of  the  Payment  of  Debts,  Legacies  and  Distributive 

Shares. 

Executor  or  administrator  may  provide  for  perpetual  care  of  burial  lot. 
St.  1897,  321. 

Certain  payments  made  without  order  of  court  may  be  afterwards  ap- 
proved. St.  1894,  303.  Special  administrators  may  pay  such  debts  as 
the  probate  court  may  approve.     St.  1897,  199. 

Sect.  19  et  seq.  Where  a  legatee  is  a  minor  without  a  guardian,  court 
may  order  the  legacy  to  be  deposited  in  a  savings  bank  under  P.  S.,  ch. 
144  §  16.     St.  1889,  185.     (See  1885,  376.) 

Provision  made  for  a  State  tax  of  five  per  cent,  on  collateral  legacies 
and  successions,  and  on  grants  to  take  effect  after  death  of  grantor  in 
estates  exceeding  $10,000.  St.  1891,  425;  1892,  379;  1893,  4^32;  1895, 
307,  430;    1896,  108. 

Real  estate  appraised  at  $1,500  or  loss  may  be  sold  for  distribution. 
St.  1890,  266. 

Distribution  of  unclaimed  funds  may  be  ordered  by  the  court  in  certain 
cases.     St.  1890,  408.     And  of  legacies.     St.  1895,  134. 

Act  relative  to  the  distribution  of  trust  estates.  St.  1898,  65.  (See 
1897,  447.) 

Chapter  139.  —  Of  Guardianships. 

Additional  provisions  for  appointment  of  guardians  ad  litem  or  next 
friends.  St.  1896,  456 ;  1897,  522.  On  an  appeal  from  appointment  of 
a  guardian  the  court  may  appoint  a  temporary  guardian.  St.  1897,  135. 
(See  1887,  332;   1888,  290;   1890,  261  §  3;  1891,  415  §  3.) 

As  to  time  of  tiling  bond.     See  St.  1885,  274;   1898,  458. 

Sects.  1-3.  Certain  corporations  are  authorized  to  be  guardians  of 
minors.     St.  1885,  362;   1890,  117. 

Provision  for  appointment  of  conservators  of  property  of  aged  persons 
unable  to  care  therefor.     St.  1898,  527. 

Sects.  2-4.  The  probate  court  may  require  parents  to  contribute  to 
support  of  their  minor  children  under  guardianship.     St.  1891,  358. 

Sect.  5  amended.     Approval  of  court  required.     St.  1898,  138. 

Sect.  8  is  revised.     St.  1897,  173. 

Sect.  16  is  extended  to  married  women  who  are  minors.     St.  1890,  259. 

Sect.  29  et  seq.  Guardians  residing  out  of  the  State  must  appoint  an 
agent  here.  P.  S.,  ch.  132  §§  11-13,  apply  to  them.  St.  1889,  462  ;  1893, 
118.     (See  1890,  420;  1894,  128.) 


Chaps.  140-143.]  PUBLIC    STATUTES.  953 


Chapter  140.  — Of  Sales  and  Mortgages  of  Real  Estate  by  Guardians. 

Sect.  3.  Guardiau  may  be  licensed  to  lease  the  ward's  real  estate.  St. 
1894,  128.     (See  1896,  456.) 

Sect.  18  is  extended  to  any  interest  iu  real  estate.     St.  1885,  258. 

Chapter  141.  — Of  Trusts. 

See  laud  registration  act.     St.  1898,  562  §§  65-69. 

Probate  courts  have  jurisdiction  iu  equity  over  trusts  created  by  will. 
St.  1891,  415.     (See  1898,  65.) 

Sects.  4-11.  Foreign  trustees  must  have  an  agent  hei'e.  The  provi- 
sions of  P.  S.,  ch.  132  §§  11-13,  apply.  St.  1889,  462;  1893,  118.  (See 
1890,  420.) 

Sect.  13  et  seq.  Provision  for  one  appraiser  only  iu  certain  cases.  St. 
1897,  147.     (See  1896,  210.) 

Sect.  16  is  revised.  Trustee  maybe  exempted  from  furnishing  surety 
on  request  of  parties  interested.  St.  1891,  339.  As  to  time  of  filing  bond, 
see  St.  1885,  274 ;   1S98,  458. 

Sect.  21.     See  St.  1896,  456;   1897,  522. 

Sect.  23  is  extended  to  other  improvements.     St.  1889,  66. 

Sect.  27  is  extended  to  trusts  created  under  any  written  instrument. 
St.  1892,  116. 

Act  relative  to  the  distribution  of  trust  estates.     St.  1898,  65. 

Chapter  142.  — General  Provisions  relative  to  Sales,  Mortgages,  Re- 
leases, Compromises,  etc.,  by  Executors,  Administrators,  Guar- 
dians and  Trustees. 

A  foreign  guardian  or  trustee  must  have  an  agent  here.  P.  S.,  ch.  132 
§§  11-13,  apply.     St.  1889,  462;   1893.  118.      (See  1890,  420;   1894,  128.) 

Sect.   12.     See  St.  1893.  379. 

Sect.  14  is  extended  to  administrators  with  the  will  annexed.  Those 
claiming  as  legatees  or  devisees  whose  interests  are  affected  are  to  be  made 
parties.     St.  1889,  266. 

Sect.   18.     See  St.  1897,  447  §  7. 

Sect.  23  is  extended.  Defective  acts  or  proceedings  may  l)e  ratified  or 
confirmed.     St.  1888,  420. 

Provision  in  case  of  failure  to  file  affidavit  of  notice  of  sale.  St.  1889, 
315.     (See  1888,  148,  380.) 

Chapter  143.  —  General   Provisions  relative  to  Bonds  of  Executors, 
Administrators,  Guardians  and  Trustees. 

Failure  to  file  bond  within  thirty  days  shall  be  considered  a  declination 
of  trust.  St.  1898,  458.  And  failure  to  file  a  new  bond  when  required 
shall  be  considered  a  resignation.  St.  1885,  274.  .Judges  may  approve 
bonds  in  any  place.     St.  1898,  131.      (See  1894,  377;   1898,  69.') 

Fidelity  insurance  companies  may  act  as  sureties.  St.  1894,  522  §§  29,  61. 
(See  1884,  296;   1.>SS5,  241;   lb86,' 233  ;   18«7,  214  §§  29,  61;   1893,  117.) 


954  ChAJ^^GES    IX    THE  [Chaps.  144,  145. 

Sect.   10  et  seq.     Wife  of  a  judge  of  probate  may  be  defendant  in  a  suit 
on  a  bond  given  to  him  or  liis  predecessor  as  such  judge.     St.  1896,  208. 
Sect.  19.     Suit  shall  be  brought  in  superior  court.     St.  1897,  131. 
Sect.  23.     See  St.  1893,  396  §  14. 

Chapter  144.  — Of  the  Accounts  and  Settlements  of  Executors,  Admin- 
istrators, Guardians  and  Trustees. 

Certain  payments  made  without  order  of  the  court  may  be  approved. 
St.  1894,  303.     (See  1897,  199,  321.) 

Form  of  accounts  regulated.     St.  1895,  210. 

Sect.  8.  Money  paid  with  the  approval  of  the  judge  for  procuring 
surety  on  the  bond  may  be  allowed.  St.  1886,  233.  (See  1887,  214  §§  29, 
61.) 

Bequests  to  executors  in  excess  of  a  reasonable  compensation  are  liable 
to  the  State  legacy  tax.     St.  1891,  425  §  3 

Sects.  13,  14  are  revised.     St.  1895,  288.     (See  1889,  466.) 

Sect.  16.  Legacies  to  persons  whose  residence  is  unknown,  and  to 
minors  without  guardians,  may  be  deposited.  St.  1885,  376;  1889,  185. 
(See  1893,  379.)  Also  property  of  an  absent  person  whose  residence  is 
unknown  in  certain  cases.  St.  1894,  203;  1898,  65.  (See  1895,  134; 
1897,  447.) 

The  amount  which  may  be  deposited  and  draw  interest  is  not  limited. 
St.  1894,  317  §  20.     (See  1889,  86,  449.) 

Provision  is  made  for  final  distribution  of  deposits  by  the  probate  court 
in  certain  cases.     St.  1889,  449  §  2  ;  1890,  408. 

Sects.  17,  18.  Provisions  for  guardians  ad  litem  or  next  friends  in  cer- 
tain cases.     St.  1896,  456  ;  1897,  135,  522. 

Chapter  145.  — Of  Marriage. 

Sects.  4,  14.  Marriages  made  in  good  faith,  one  of  the  parties  believing 
that  a  former  husband  or  wife  is  dead  or  divorced,  are  made  valid  when  the 
impediment  is  removed,  and  the  children  are  legitimated.  St.  1895,  427  ; 
1896,  499. 

Sect.  11  is  extended  to  residence  here  for  five  years  unless  libellant 
removed  here  for  the  purpose.     St.  1886,  36. 

Sects.  11,  15.  The  superior  court  has  exclusive  original  jurisdiction 
mider  these  sections.     St.  1887,  332. 

Sect.  16.  The  marriage  of  minors  is  regulated.  St.  1894,  401,  409  §  4. 
Additional  provisions  relative  to  notices  and  certificates.  St.  1894,  409; 
1897    424,  444. 

Sects.  22,  27.  Duly  authorized  clergymen  and  licensed  and  certified 
Israelitish  rabbis  may  solemnize  marriages  anywhere  in  this  State.  St. 
1894,  409  §  5 ;  1896,  306  §  4.     (See  1893,  461  ;  1897,  424  §  5,  444.) 

Sect.  24.  The  returns  shall  be  preserved  and  arranged  for  reference. 
St.  1887,  202  §  3. 

Change  made  in  form  of  record  and  returns.  St.  1892,  300.  (See  1897, 
424,  444.) 

Sects.  25,  26  are  revised.     St.  1896,  306. 

Sect.  31.     See  St.  1896,  445. 


Chaps.  146,  147.]  PUBLlC    STATUTES.  955 


Chapter  146.  —  Of  Divorce . 

Provision  is  made  for  returns  of  statistics  of  divorce.     St.  1882,  194. 

Tlie  superior  court  has  exclusive  original  jurisdiction  of  all  cases  of 
divorce  and  nullity  and  validity  of  marriages.     St.  1887,  332. 

Sect.  1.  Divorce  may  be  decreed  for  gross  and  confirmed  drunkenness 
caused  by  the  use  of  opium  or  other  drugs.  St.  1889,  447.  And  for  any 
Icijal  cause,  notwithstanding  an  absence  which  would  raise  a  presumption 
of'"  death.     St.  1884,  219. 

Skct.  10  is  amended.  1800,387;  1898,487.  When  adultery  is  charged 
the  alleged  j^ciTticejys  criminis  may  contest.     St.  1890,  370. 

Sect.  19.  All  decrees  shall  become  absolute  after  six  mouths  unless 
court  has  otherwise  ordered.     St.  1893,  280.     (See  1882,  223  ;  1893,  194.) 

Sects.  42-44.  Procuring  a  fraudulent  divorce  ;  advertising,  by  one  not 
a  member  of  the  bar,  the  business  of  procuring  divorces  ;  and  unlawfully 
issuing  certificates  of  divorce,  are  made  otfeuces.  St.  1886,  342  ;  1887, 
320;    1891,  59. 

Chapter  147.  —  Of  Certain  Rights  and  Liabilities  of  Husband  and  Wife. 

A  wife  has  right  of  interment  in  any  tomb  or  lot  which  her  husband 
owned  during  coverture.     St.  1883,  262.      (See  188.5,  302  ;   1892,  165.) 

Sect.  1.  A  wife  cannot,  without  his  written  consent,  destroy  or  impair 
her  husband's  life  estate  in  one-half  her  lands  where  there  is  no  issue.  St. 
1889,  204.      (See  1884,  301;  1885,  255;   1887,  290.) 

Sect.  3  is  revised.  Nothing  contained  in  the  preceding  section  shall 
authorize  such  transfer.     St.  1884,  132. 

Sect.  6  extended  to  the  case  where  there  is  no  issue,  and  exception  is 
made  if  the  wife  is  living  apart  for  cause  approved  by  the  court.  St.  1885, 
255;   1887,  290.     (See  1884,  301  ;  1898,  562  §  19.) 

Sect.  1 1  amended.  Married  woman  shall  not  carry  on  business  in  her 
husband's  name.     St.  1898,  416. 

Sect.  16  el  seq.  Provision  is  made  for  a  release  of  the  courtesy  by  the 
guardian  of  an  insane  husband.     St.  1886,  245. 

Sect.  20.  The  notice  shall  be  such  as  the  court  may  order.  St.  1890, 
105. 

Sects.  31-33,  36.  The  probate  court  has  exclusive  original  jurisdiction 
under  these  sections  and  the  appeal  is  to  the  superior  court.  St.  1887, 
332  §§  2,  3.  (See  1882,  270;  1884,  210;  1885,  176;  1888,  290;  1890, 
261  ;   1891,  415  §  3;  1893,  262;   1895,  116;   1897,  135.) 

Provision  for  receivers  of  estates  of  absent  persons  whose  address  is 
unknown,  having  a  wife  or  child  dependent  on  them  for  support.  St. 
1894,  203. 

Sect.  36.  Probate  courts  may  require  parents  to  contribute  to  support 
of  children  under  guardianship.     St.  1891,  358. 


956  ClIAXGES    IN"    TUK  [Chaps.  14S-150. 


Chapter   148.  —  Of  the    Adoption   of   Children   and   the    Change    of 

Names. 

Adoption  of  pauper  and  illegitimate  children  regulated.  St.  181)1,  194  ; 
l.S'J2,  318.      (See  1882,  270;   188<),  t50i),  416;   189.-),  UO.) 

Skot.  3  is  amended.     St.  188G,  101  §  4;   1898,  433  §  28. 

Skct.   6.     See  St.  1897.  228. 

Sects.  12-14.  A  list  of  names  changed,  ordered  pul)Iished.  St.  1884, 
249;   1893,  191. 

Skot.   14.     The  registers  shall  make  the  returns.     St.  1897,  89, 

Chapter  149.  —  Of  Masters,  Apprentices  and  Servants. 

Sect.  8.     See  St.  1894,  508  §  49  :   1895,  428  §  3 ;   1898,  394,  396. 
Sect.   10.     See  St.  1896,  288,  .•'.82. 

Chapter  150. —  Of  the  Supreme  Judicial  Court. 

The  care  and  custod}'  of  the  Suffolk  county  court  house  is  given  to  the 
justices  of  the  supreme  judicial  court.     St.  1894,  453. 

Sect.  3.  The  court  may  compel  witnesses  summoned  by  other  tribunals 
to  appear  and  testify.     St.  1883,  195;   1898,  374. 

Sect.  4.     County  commissioners  added.     St.  1897,  224. 

Sect.  5.     See  St.  1886,  203  ;   1891,  180,  293,  379,  419  ;   1892,  169,  435  ; 

1895,  419  §  2;   1896,  388. 

Exclusive  original  jurisdiction  is  given  to  the  superior  court  in  cases  of 
divorce  and  nullity  of  marriages.  St.  1887,  332  jj  1.  Of  capital  crimes. 
St.  1891,  379.     And  of   petitions  for   partition    and  -writs  of  entry.      St. 

1892,  169. 

Appeals  on  petitions  under  sections  ol-^lo  and  36  of  chapter  147  are  to 
superior  court.  St.  1887,  332  §  3.  (See  1888.  290;  1890,  261;  1891. 
415  §  3;    1895,  116;    1897,  135.) 

Sect.  7.  (Questions  for  the  full  court  may  be  heard  in  any  county.  St. 
1892.127.      (See  1886,  223;   1896,413.)      "  '        '  ' 

Sk<t.  14.  Further  provisions  in  cases  of  fi-ivolous  appeals  and  excep- 
tions.    St.  1883,  223  §  15. 

Sect.  16.  AVhen  appeal  or  exceptions  are  not  entered,  the  court  below 
may  afiirm  the   judgment.     St.   1888,   94.      (See   1882,   239;   1895.    153: 

1896,  451.) 

Sects.    18-20,   24,   26-29  repealed.     St.    1891,   379.      (See   1890.   374; 

1893,  394;  1895,  372.) 

Sects.  21,  22,  23  and  25  are  repealed.    St.  1886,  339.     (See  1891,  379.) 

Sect.  30  et  se(j.  Terms  are  abolished,  return  days  changed  and  practice 
further  regulated.  St.  1885,  3.S4 ;  1886,  223;  1887,  383^  1890,  374,420 
§  2;  1892,  127,  169;  1893,  61.  (See  1882,  264  §  2;  1883,  223;  1884, 
316;   1887,  347.) 

The  law  term  for  "Worcester  is  changed.  St.  1885,  48.  And  for  Bris- 
tol, Dukes  and  Nantucket.     St.  1891,  287. 

Sect.  32.     See  St.  1889,  173. 


Chaps.  151,  152.]  PuBLIC    STATUTES.  957 

Skct.  oO.  Salaries  fixed  and  allowance  made  for  travelling  expenses. 
St.  1<S!)2,  104.      (See  l.S.S.S,  274  §  1;    1892,  .V.)  :    l.SI);5,  327.) 

Pensions  are  provided  for.  St.  1885,  1(!2.  .\.nd  clerical  assistance. 
St.  l.sill,  s'.t.      (See  1893,  .'527.) 

Chapter  151. —  Of  the  Supreme  Judicial  Court  Equity  Jurisdiction. 

The  eipiitv  jurisdiction  is  extended.  St.  18S4,  154  §  1,  285;  1887,  380; 
1888,  31G;   1891,  383;   1892,  435;   1897,  4(52;   1898,  463  §  4,  578  §  25. 

Skcts.  5-7.  Practice  reuulated  and  forms  established.  St.  1883,  223 ; 
1884,316;  1885,384;  1887,383;  1893,61.  (See  1889,  442  ;  1890,427; 
1891,  383;  1892,  289,  440;  1893,  340;  1896.426;   1897,  522;  1898,  397.) 

Sect.  20.     See  St.  1893,  61. 

Sect.  23.     See  St.  1885,  384  §  3;   1886,  223;   1892,  127;   1896,  413. 

Sect.  27  amended.     St.  1895,  116.     (See  1883,  223  §  16.) 

Chapter  152.  — Of  the  Superior  Court. 

Sect.  1.  The  number  of  justices  is  increased.  St.  1896,  526.  (See 
1886,31;   1888,  .■)8;   1892,271.) 

Sect.  2.  Provision  for  sessions  by  two  or  moi'e  justices  in  capital  cases. 
St.  1894,  204.  (See  1891,  379.)  And  without  a  jury  in  certain  actions 
at  law.  St.  1891,  227.  .Vnd  for  hearings  and  orders  in  cases  pending  in 
other  counties.     St.  1886,  223.      (See  1896,  413.) 

Sects.  o-C).  .Jurisdiction  extended  and  practice  regulated.  St.  1883, 
223;  1884,  304,  316;  1885,  384;  1887,332,  380,  383;  1890,  154,374; 
1891,  227,  293,  362,  383;  1892,  169,  435,  440;  1893,  61;  1895,  116; 
1897,  490;  1898,  432,  578  §  25.  (See  1882,  239;  1887,  246,  347;  1888, 
114;   1889,  442;   1890.  398,  427;   1893,   340,  396   §  12;   1894,  175,  431; 

1896,  388,  401,  413,  426;   1897,  522;   1898,  425  §  4,  457,  490.) 

The  coui't  may  compel  witness  summoned  by  another  tribunal  to  attend. 
St.  1883,  195;  and  to  testify  ;  1898,374. 

May  appoint  probation  oflicers,  and  may  place  accused  persons  on  pro- 
bation.    St.  189.S,  511  §  1. 

vSeparate  equity  docket  reijuirod  in  Middlesex  and  Suffolk.  St.  1892, 
440. 

Kxclusive  original  jurisdiction  given  in  causes  of  divorce  and  nullity  of 
marriage.  St.  1887," 332  §  I.  (See  1894,  409  §  7;  1895,  116.)  And  of 
capital  crimes.  St.  1891,  379;  1894,  204.  (See  1893,  324,  365,  394.) 
And  of  petitions  for  i)artition  and  writs  of  entry.  St.  1892,  169.  And 
certain  matters  relating  to  telegraph  and  telei)hone  wires.     St.  1891,293. 

.lurisdictiou  is  given  of  certain  appeals  fnjin  the  probate  courts.     St. 

1887,  332  §  3.      (See  1888,  2'.I0;   1890,   261;   1891,  415  §  3;   1895,   116; 

1897,  135.)     And  ot  claims  against  the  Commonwealth.     St.  1887,  246. 
Sects.   7,  8.     T'he  right  to  remove  actions  and  petitions  for  partition 

under  these  sections   is"  taken    away.      St.   1892,   169.      (See    1885,  384 
§  14;    1891,  227.) 

Sect.  11  repealed.     St.  1892,  105. 

Sect.  17.     Chanues  in  sessions:   Bnrnstable  ;  St.   1891.   175.     Bristol; 

1888,  314;   18'.il.  287  ?  2.      Dukes;    1.S8U,  30.s.      Essex  ;   1896,  412.      (See 


958  Changes  i^r  the  [Chap.  153. 

1885,  191;  1889,  461;  1895,  256.)  Franklin;  1898,  355.  (See  1889, 
327.)  Hampden;  1885,  27.  Middlesex;  1892,  391.  Norfolk;  1889, 
287.     AVorcester;   1894,  118,  169.     (See  1882,  264  §  2  ;  1891,  227  §  3.) 

Provision  for  speedy  trials  in  Suffolk  in  certain  eases.  St.  1894,  283, 
547;  1897,  381. 

Sect.  18.  Changes  in  adjourned  sessions:  Essex;  St.  1889,  461. 
Plymouth;   1885,  134. 

Terms  are  abolished  and  return  days  changed.     St.  1885,  384. 

Petitions  for  damages  for  land  taken  by  any  town  in  Nantucket  or  Dukes 
may  be  brought  in  Bristol.     St.  1887,  50.     (See  1885,  384  §  1.) 

Sects.  19-23  repealed  and  new  provisions  made  for  criminal  business. 
St.  1897,  490. 

Sect.  24  is  repealed.     St.  1887,  183. 

Sect.  28.     Provision  made  for  pensions.     St.  1887,  420. 

Salaries  are  fixed  and  allowance  made  for  ti-avelling  expenses.  St.  1892, 
328.     (See  1882,  205  ;  1888,  274  ;  1892,  59.) 

Chapter  153.  —  Of  Matters  Common  to  the  Supreme  Judicial  Couxt 
and  the  Superior  Court. 

Sect.  3.     See  St.  1886,  224. 

Sect.  4.  The  superior  court  may  regulate  publication  and  distribution 
of  trial  lists.  St.  1896,  401.  (See  1889,  459;  1893,  372;  1896,  413; 
1898,  411.) 

Provision  made  for  postponement,  etc.,  of  cases  on  the  trial  lists.  St. 
1884,  304:  1890,  154,  451.     (See  1889,  459;   1890,  420.) 

Sects.  6-8.  See  St.  1891,  227;  1893,  61.  Provisions  relative  to  new 
trials  and  reduction  of  verdicts.  St.  1897,  472.  And  for  hearings  and 
orders  in  cases  pending  in  other  counties.     St.  1886,  223  ;   1896,  413. 

Sect.  8.  Time  for  filing  exceptions  extended.  Presiding  justice  may 
require  a  transcript  of  the  evidence  and  instructions  to  the  jury.  St.  1895, 
153;  1896,  451.     (See  1888,  94;  1890,  127.) 

Sects.  10,  13.  Provisions  for  proving  exceptions  when  the  disability 
or  death  of  the  justice  prevents  his  signing  them.  St.  1894,  412.  (See 
1882,  239.) 

Sect.  12  repealed.     St.  1895,  469  §  4.     (See  1891,  362.) 

Sect.  14.  See  1887,  332  §  3 ;  1888,  290;  1890,261;  1895,  116;  1897, 
135. 

Sect.  15.  Clerks  shall  furnish  to  the  attorney-general  printed  copies  of 
exceptions  and  reports  in  cases  in  which  the  Commonwealth  is  interested. 
St.  1890,  374.  Or  in  which  the  attorney-general  appears  for  the  Common- 
wealth.    St.  1895,  372. 

Sect.  22.     See  St.  1896,  413. 

Sect.  23.  The  original  vouchers  of  bills  must  be  delivered  with  the 
orders.  St.  1890,  206.  (See  1890,  204;  1895,  482;  1896,  357;  1897, 
129,  153.) 

Sects.  24,  25.  See  St.  1882,  264  §  2;  1886,  223;  1836,  413;  1897, 
525  §  3. 


Chap.  154.]  PuBLIC    STATUTES.  ^59 


Chapter  154.  — Of  the  Police,  District  and  Municipal  Courts. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated. St.  1893,  396;  1894,  142,  173,  398,  431;  1895,  245;  1896,  220, 
388;  1897,  180,  245,  349,  431;  1898,  204,  488,  549.  (See  1882,  95; 
1884,  188;  1885,  45,  132,  149,  322;  1887,  293;  1888,  180,  285,  352, 
415;  1.S90,  225,  256,  359,  440  §§  8-11;  1892,  148,  268;  1893,  385; 
1897,  387,  529;   1898,  411,  489,  496  §  32.) 

Provision  made  for  hearings  before  all  the  justices.  St.  1894,  173; 
1896,  220. 

An  act  to  provide  an  equitable  process  after  judgment  in  certain  cases. 
St.  1898,  549. 

Payment  of  interpreters  and  of  witnesses  from  without  the  Common- 
wealth allowed  in  criminal  cases.     St.  1893,  385. 

Skcts.  1,  2.  Police  and  district  courts  are  established,  as  follows  :  First 
and  second,  of  Barnstable  ;  St.  1890,177.  Fourth,  Berkshire  ;  1895,  176. 
Brockton;  1885,155.  Brookline ;  1882,233.  (See  1898,  214.)  Dukes 
County;  1898,  287.  East  Boston,  district;  1886,  15.  Second,  Essex; 
188,S,  193.  Franklin  ;  1896,  353.  Western  Hampden  ;  1886,  190.  Hamp- 
shire; 1882,227.  Marlborouijh ;  1882,  233.  Third  and  fourth,  eastern 
Middlesex;  1882,  233.  Northern  Norfolk;  1898,  478.  Southern  Nor- 
folk; 1891,273.  Western  Norfolk  ;  1898,497.  First,  northern  Worces- 
ter;  1884,  215.     As  to  East  Norfolk,  see  1898,  381. 

Sect.  2.  Courts  abolished:  East  Boston,  municipal;  St.  1886,  15. 
Cambridge,  police;  1882,  233.  First,  Plymouth;  1885,  155.  (See  1895, 
176.) 

Judicial  disti'icts  changed:  Northern  Berkshii-e ;  St.  1895,  176.  Brock- 
ton ;  St.  1887,  322.  East  Boston;  1882,  146.  (See  1886,  15.)  Glouces- 
ter; 1888,  249;  1897,  403.  First,  eastern  Middlesex;  1888,  59;  1898, 
250.  Fourth,  eastern  Middlesex;  1888,  59;  1889,  312;  1898,  250. 
First,  southern  Middlesex;  1882,  169.  Central  and  second,  eastern 
Worcester;  1896,240;  1897,401. 

Sects.  4,  25.  See  St.  1882,  43;  1885,  132;  1890,  204,  440;  1893, 
396;   1897,  245. 

Sects.  5,  6.  Clerks  given :  Fourth,  Berkshire;  St.  1895,176.  South- 
ern Berkshire ;  1886,  333.  (See  1884,  231.)  Brookline  ;  1888,  60.  Chel- 
sea; 1882,  176.  Chicopee;  1891,  78.  Franklin;  1896,  353.  Eastern 
Hampden;  1896,337.  Hampshire;  1883,80.  Lowell  (assistant)  ;  1889, 
152.  Second,  eastern  Middlesex;  1883,  97.  Third,  eastern  Middlesex 
(assistant)  ;  1897,  260.  (See  1893,  370.)  Northern  Norfolk;  1898,  478. 
Southern  Norfolk  ;  1891,273.  Western  Norfolk  ;  1898,497  §  3.  First, 
southern  AVorcester ;   1898,  369. 

Clerical  assistance  allowed:  Second,  Bi'istol;  St.  1889,  62.  Third, 
nrist<jl;  1897,  263.  Lawrence;  1898,  286.  Lowell;  1888,  246;  1889, 
152.  Lvnn;  1898,331.  First,  eastern  Middlesex ;  1889,317.  Spring- 
Held;   1896,331.     Central  Worcester ;   1895,260. 

Clerks  and  justices  of  courts  having  no  clerks  must  deposit  public  moneys 
bevond  what  is  required  for  immediate  use.  St.  1890,  215.  (See  1890, 
2'M.) 


960  Changes  in  the  [Chap.  154. 

Sect.  8.  See  St.  1888,  352;  1893,  396  §  67;  1894,  142,  431;  1895, 
245 

Sects.  11-22.  See  St.  1885,  149,  322;  1887,293;  1888,  114,  419  §  12  ; 
1892,  188  §  5;  1893,  172  §  4,  396  §§  12,  17,  34-43,  571;  1894,  173,  398, 
431  ;  1895,  404,  419;  1896,  388;  1897,  180,  349,  431;  1898,  548  §§  304- 
310;   559. 

Jurisdictiou  given  in  naturalization  proceedings.  St.  1885,  345 ;  1886, 
45,  203;  1891,  180,  419;  1892,348.  (See  1884,  298  §  38;  1888,  257 
§  4;   1893,  376,  417  §  237.) 

Provision  for  probation  of  accused  persons  and  for  probation  officers. 
St.  1891,  356.      (See   1891,  427;   1892,  242,   276;   1894,  229,  368,  372; 

1897,  266;   1898,  511.) 

Skct.  23.  Sessions  cjianged:  Northern  Berkshire;  St.  1884,  266. 
Ilampsliire;  1883,  75;  1889,  122.  (See  1882,  227;  1883,  80.)  First, 
eastern  Middlesex ;    1893,350.     Northern  Worcester ;   1888,212. 

Sects.  23,  25.  See  St.  1884,  188;  1893,  396  §  56;  1894,  142,  173; 
1896,  220;    1897,  431. 

Sect.  24  extended.  Certification  and  audit  of  expenses  regulated.  St. 
1890,  440  §  11;   1891,  70.     (See  1893,  396  §§  1,  9,  49;   1897,  245.) 

Sect.   25.     See  St.  1892,  268;   1893,  396  §  55. 

Sect.  26.  Travelling  expenses  allowed  i>>  .special  justice  in  Hampshire. 
St.  1884,  205.  (See  1885,  40;  1894,  142,  17;'..  431;  1895,  245;  1896, 
396  §  66.) 

Sect.  27  et  seq.  See  St.  1886,  13;  1888,  285,  415;  1890,  359;  1893, 
396  §§  46,  59,  64. 

Sect.  30.  Fac-simile  of  clerk's  signatm*^  may  be  used  on  certain  proc- 
esses.    St.  1886,  13.      (See  1885,  321;   18!»3,  396  §§  58,  64.) 

Sect.  34  in  part  repealed.     St.  1890,  204. 

Sects.  34,  35.  A  controller  of  accounts  is  provided  for,  and  method 
of  accounting  regulated.  St.  1887,  438;  1888,  275;  1890,  204,  216,  380, 
440;   1893,  257,  270;   1894,  183;   1895,  143;   1«96, 128.      (See  1886, 169.) 

Funds  not  required  for  immediate  use  must  be  deposited.  St.  1890, 
215.      (See  1887,  438  §  5;   1890,  216.) 

Apportionment  of  fines  in  certain  cases.  St.  1891,  416.  (See  1890, 
440  §  5.) 

Sect.  36.  Payment  of  witness  fees  regulated.  St.  1888,  180;  1890, 
440  §  8;   1891,  392;   1893,  396  §  9.     (See  1893,  385.) 

Sect.  37.  Fees  and  costs  are  regulated  in  certain  cases.  St.  1888, 
180;  1890,   256,  3.53,  440;    1891,  325;  1892,  200;    1893,  396  §§  9-11; 

1898,  204.      (See  1892,  231,  268;  1893,  385,  396  §  55.) 

Sect  38,  No  court  fees  shall  be  allowed  or  taxed  in  criminal  cases. 
St.  1890,  256.  Bond  to  be  examined  annually  by  controller  of  county 
accounts.     St.  1893,  257. 

Sect.  39  et  seq.  Appeals  regulated.  St.  1893,  396  §§  24-32,  49.  (See 
1882,  95  ;  1885,  384  §  3  ;  1886,  223  ;  1890,  224,  440  §  10  ;  1894, 173  §  1 ; 
1896,  355.) 

Sect.  42  et  seq.  The  justices  may  act  for  each  other  in  certain  cases. 
St.  1882,  43;  1885,  132;  1893,  396  §  63.  M.ay  sentence  or  commit  to 
house  of  industry  instead  of  to  house  of  correction  or  jail.     St.  1895,  224. 

Sect.  48.     See  St.  1894,  398  ;  1896,  393  §  13. 


Chap.  154.]  PUBLIC    STATUTES.  961 

8t.  1893,  396,  applies  to  these  courts,  except  the  municipal  court  of  the 
city  of  Boston.  St.  1894,  431.  (See  1894,  142,  173,  398;  1896,  220; 
1897,  18U,  349.) 

The  municipal  court  of  East  Boston  is  abolished,  and  East  Boston  dis- 
trict court  established.     St.  1886,  15.     (See  1882,  146.) 

Clerks  and  clerical  assistance  provided  for:  East  Boston  ;  St.  1886,  15. 
South  Boston:  1887,  327.  Brighton;  1894,  363.  Charlestowu ;  1889, 
206.     Dorchester;  1885,79;  1897,397.     West  Roxbury  ;   1887,274. 

Sect.  bo.     Number  of  justices  increased.     St.  1882,  41 ;  1888,  419  §  11 ; 

1894,  308  ;  1896,  234. 

Sect.  57.  Two  special  justices.  St.  1896,  234.  Compensation  in- 
creased.    St.  1897,  360. 

Sect.  58.  Assistant  clerks  and  clerical  assistance  provided  for.  St. 
1883,  47;   1885,  42  §  2,  137  §  2;   1888,  419  §  13;  1889,  170;   1893,  371; 

1895,  125;   1897,  183.     (See  1890,  440  §§  5,  6;   1891,  236,  392,  416.) 
Sects.  59,  60.     Jurisdiction  extended.     St.  1894,  431  §  2.     (See  1895, 

224,  419;   1896,  220,  536  §  7;   1897,  180,  349,  387,  529.) 

Probation  officers  provided  for.  St.  1891,  356;  1892,  242;  1894,  368, 
372;   1897,266.     (See  1892,  276 ;   1894,229.) 

Sect.  62.  Additional  sessions  by  special  justices  provided  for.  St. 
1885,  42  §  1.  When  he  acts  he  must  state  in  the  record  the  fact  which 
gives  him  jurisdiction.     St.  1892,  268. 

Sect.  63  revised.  St.  1895,  457;  1898,  254.  (See  1893,  396  §  62.) 
Sect.  64.  Salaries  of  justices  fixed  :  First  and  second  Barnstable ;  St. 
1890,  177.  Central  Berkshire;  1887,  190.  Northern  Berkshire ;  1898, 
216.  (See  1884,  266  §  3  ;  1887,  61  §  1.)  Southern  Berkshire  ;  1884,  231. 
Fourth  Berkshire  ;  1898,  460.  (See  1895,  176.)  Boston  ;  1887,  163.  (See 
1882,  41  §2.)  East  Boston;  1892,  100.  (See  1886,  15.)  SouthBoston; 
1889,242.  Brighton ;  1885,  49.  First  Bristol ;  1889,  261.  (See  1884, 
220.)  Second  Bristol;  1891,  108.  Third  Bristol;  1898,  429.  (See  1889, 
54.)  Brockton;  1885,  155.  Brookliue  ;  1884,  211.  (See  1882,  233  §  6.) 
Charlestown;  1891,  160.  (See  1889,  227.)  Chelsea;  1894,  470.  Dor- 
chester; 1885,79.  Dukes  County;  1898,287.  First  Essex;  1882,245. 
Second  Essex;  1888,  193.  Fitchburg;  1889,  97.  Franklin;  1896,353. 
(See  1882,  245.)  Gloucester;  1897,  324.  (See  1888,  234.)  Eastern 
Hampden;  1889,130.  Western  Hampden  ;  1886,190.  Hampshire;  1883, 
75.  (See  1882,  227;  1883,  80;  1884,  205.)  Haverhill;  1882,  245. 
Holvoke;  1886,  151.  Lawrence;  1893,  479.  (See  1888,  110.)  Lee; 
1894,  373.  Lowell;  1893,  479.  (See  1886,  307.)  Lynn;  1891,  162. 
(See  1886,  154.)  Marlborough;  1892,  93.  (See  1882,  233.)  Central 
Middlesex;  1890,238.  First  eastern  Middlesex  ;  1893,479.  (See  1882, 
245;  1886,  166.)  Second  eastern  Middlesex;  1897,  390.  (See  1882, 
245;  1886,123.)  Third  eastern  Middlesex ;  1898,358.  (See  1882,  233.) 
Fourth  eastern  Middlesex;  1897,  358.  (See  1882,  233;  1893,  479.) 
First  northern  Middlesex;  1889,  198.  First  southern  Middlesex;  1889, 
12.  Newburvport;  1882,  245.  Newton;  1898,  362.  (See  1890,  93; 
1893,  479.)  'East  Norfolk;  1889,  263.  Northern  Norfolk;  1898,  478. 
vSouthern  Norfolk;  1891,  273.  Western  Norfolk;  1898,  497.  Third 
Plvmouth;  1894,  321.  Fourth  Plvmouth;  1889,  281.  Roxbury;  1897, 
356.     (See  1889,  217.)     West  Roxbury ;  1883,  111.     Somerville;  1897, 


962  Changes  i:n^  the  [Chap.  154. 

318.  (See  1882,245;  1887,  180;  1891,  161.)  Springfield;  1898,  372. 
(See  1887,  171 ;  1897,  359.)  Williamstown  ;  1897,  325.  Central  Worces- 
ter ;  1888,  50.  First  eastern  Worcester;  1884,  208.  Second  eastern 
Worcester;  1889,  158.  (See  1882,  245;  1898,  388.)  First  northern 
Worcester;  1893,  479;  1898,  256.  (See  1884,  215  §  4.)  First  south- 
ern Worcester;  1890,  131.  Second  southern  AVorcester;  1888,  173. 
Third  southern  Worcester;   1882,  245.     (See  1892,  59.) 

Salaries  of  clerks  fixed:  Central  Berkshire;  St.  1893,  479.  (See  1882, 
245.)  Northern  Berkshire;  1888,  89.  (See  1887,  61.)  Southern  Berk- 
shire; 1897,  322.  (See  1884,  231;  1886,  333  §  4 ;  1887,  227;  1894, 
374.)  Fourth  Berkshire;  1898,  460.  (See  1895,  176.)  Boston,  civil; 
1882,  245.  First  assistant;  1889,  39.  Second  assistant;  1889,  143. 
Third  assistant;  1892,  58.  (See  1889,  170.)  Fourth  assistant;  1897, 
183.  Criminal  clerk  and '  assistant ;  1893,  479.  (See  1882,  245;  1885, 
137.)  East  Boston;  1886,15.  (See  1882,  245.)  South  Boston;  1882, 
245.  Assistant;  1894,  379.  (See  1887,  327.)  Brighton;  1894.  363. 
First  Bristol ;   1889,261.     Second  Bristol ;  see  1889,   62.     Third  Bristol ; 

1893,  479.  (See  1889,  41.)  Brockton;  1895,  500.  (See  1885,  1.55.) 
Brookline;  1888,  60.  Charlestown ;  1887,  175.  (See  1889,  206.)  Chel- 
sea; 1894,  470.  (See  1882,  176;  1884,  197;  1887,  117.)  Chicopee ; 
1891,  78.  Dorchester;  1893,  479.  (See  1885,  79;  1886,  124;  1897, 
397.)  First  Essex;  1882,245.  Fitchburg;  1891,  71.  (See  1882,  245 ; 
1889,289.)  Franklin;  1896,  353.  Gloucester;  1888,  235.  (See  1883, 
53.)  Eastern  Hampden;  1896,  337.  Western  Hampden;  1893,  479. 
(See  1886,  190;  1888,  88.)  Hampshire;  1893,  479.  (See  1883,  80; 
1886,  106.)  Haverhill;  1888,  55.  (See  1882,  245.)  Holyoke ;  1887, 
318.  (See  1884,  65.)  Lawrence;  1893,  479;  1898,  286.  (See  1887, 
208.)  Lowell;  1893,  479.  (See  1886,  307.)  Assistant;  1889,  152. 
(See  1882,  63;  1888,  246.)  Lynn;  1893,  479.  (See  1898,331.)  Marl- 
borough; 1892,93.  (See  1882,  233;  1889,  19.)  First  eastern  Middle- 
sex;  1897,422.     (See  1882,  87,  245;   1886,167;   1893,479.)     Assistant; 

1894,  65.  (See  1889,  317.)  Second  eastern  Middlesex;  1894,  336. 
(See  1883,  97;  1885,  180;  1888,233;  1891,  107.)  Third  eastern  Mid- 
dlesex ;  1886,165.  (See  1882,  233;  1893,  370.)  Assistant;  1897,260. 
Fourth  eastern  Middlesex;  1893,  479.  (See  1882,  233;  1887,  174.) 
First  northern  Middlesex  ;  1888,214.  First  southern  Middlesex  ;  1886, 
156.  Newburyport;  1889,  277.  (See  1882,  245.)  Newton ;  1893,  479. 
iSee  1886,  1.58.)  East  Norfolk ;  1893,  479.  (See  1888,  .54.)  Northern 
Norfolk;  1898,  478.  Southern  Norfolk;  1891,  273.  Western  Norfolk; 
1898,  497.  First  Plymouth;  1883,57.  (See  1885,  155.)  Third  Plym- 
outh;  1889,  137.  Fourth  Plymouth;  1891,  190.  (See  1884,  204.) 
Roxbury,  clerk;  1893,  479.  Assistant;  1889,  239.  (See  1882,  245.) 
Somerville;  1887,265.  (See  1882,245.)  Springfield;  1889,  28.  (See 
1886,  155.)  West  Roxbury;  1893,  479.  (See  1887,  274;  1889,  92.) 
Central  Worcester ;  1889,  83.  Assistant;  1893,  479.  (See  1882,  245; 
1888,  184;  1895,  260.)  Second  eastern  Worcester;  1898,  382.  (See 
1882,  245;  1889,  218.)  First  northern  Worcester;  1885,  286;  1898, 
256.      (See  1884,  215  §  4.)     First  southeru  AVorcester;   1898,  369. 

Compensation  of  special  justices  and  pro  tempore  clerks  regulated.     St. 
1893,  396  §§  66,  67;   1894,  142,  173  §  2;   1895,  245.     (See  1888,  352.) 


CiiAP.  165.]  Public  Statutes.  9(33 

Salaries  of  constables  in  attendance  fixed :  Boston,  civil ;  St.  1886,  130. 
Criminal;  1888,195.  (See  188G,  130  ;  181)5,457.)  Brighton ;  1886,  148. 
Charlestown ;  1886,  136.  East  Boston  and  South  Boston;  1882,  245. 
Roxbury;  1889,  174.     AVest  Roxbury  ;  1886,  148. 

Sect.  67.     See  St.  1890,  440  §  1. 

Chapter  155.  —  Of  Justices  of  the  Peace  and  Trial  Justices. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated. St.  1893,  396;  1894,  142,  173,  398,  431;  1895,  245;  1896,  220, 
388  ;  1897,  180,  245,  349,  387,  431 ;  1898,  204,  555.  (See  1895,  237, 
419  §  2;   1898,  381,  489.) 

Women  who  are  appointed  special  commissioners  shall  have  same  powers 
as  justices  of  the  peace  in  certain  cases.  St.  1889, 197;  1896,  476.  (See 
1882,  139;   1883,  252;   1895,  379.) 

Provision  for  payment  of  interpreters  and  of  witnesses  from  without  the 
Commonwealth.     St.  1893,  385. 

Skct.  3.  The  right  to  issue  summons  is  extended.  St.  1885,  141. 
(See  1884,  247.) 

Sect.  4.  Power  of  justices  to  issue  warrants  modified.  St.  1884,  286; 
1897,  461.      (See  1884,  191;   1893,  396  §§  43-46.) 

Sect.  5.     See  St.  1898,  411. 

Sect.   10.     In  Dukes  county  three  trial  justices.     St.  1892,  408. 

Sect.   12  et  seq.     Execution  may  run  into  any  county.     St.  1895,  380. 

Sect.  17  et  seq.  No  original  writ  shall  be  returnable  more  than  sixty 
days  from  date.     St.  1892,  148;   1893,  396  §  17.     (See  1898,  397,  420.) 

Provision  is  made  for  presei'vation  of  records,  etc.,  of  trial  justices.  St. 
1888,  211. 

Sect.  21.  In  case  of  failure  to  attend  an  adjourned  hearing  another 
justice  may  act  in  certain  cases.     St.  1883,  175.      (See  1890,  202.) 

Sects.  24-26.  Bond  required  instead  of  recognizance  before  removal. 
St.  1888,  325.  These  sections  shall  not  apply  to  actions  before  district 
and  police  courts.     St.  1893,  396  §  21. 

Sect.  28.  Appeal  is  to  be  entered  at  next  return  day.  St.  1885,  384 
§5. 

Sect.  29  et  seq.  No  bond,  recognizance  or  deposit  required  in  a  replevin 
suit.  St.  1890,  224.  (See  1882,  95;  1893,  396  §  29.)  Nor  on  an  appeal 
by  a  county  or  a  municipal  corporation.     St.  1896,  355. 

Sects.  37,  38.     See  St.  1890,  202. 

Sects.  40,  41.      See  St.  1888,  211. 

Sect.  42.     See  St.  1895,  380. 

Sect.  43  et  seq.  Jurisdiction  of  trial  justices  extended.  St.  1885,  149, 
356;  1892,  160,  188  §  5 ;  1893,  172  §  4.  (See  1892,  200;  1893,  414; 
1894,  .505.) 

Form  of  wan'ants  for  commitment  for  non-payment  of  fines  modified. 
St.  1891,  416. 

Sect.  44.     See  St.  1893,  396  §  46. 

Sect.  49.  Commitments  of  children  under  twelve  restricted.  St.  1882, 
127. 

Costs  regulated  in  certain  cases.     St.  1889,  469.     (See  1893,  385.) 


964  Changes  ix  the  [Chap.  i56. 

Sect.  59.  See  St.  1893,  385, 

Sect.  60.  See  St.  1890,  440  §  10. 

Sect.  62.  See  St.  1894,  505. 

Sects.  63,  65.  Appelhmt  must  pay  the  jailer's  fees  in  certain  cases. 
St.  1890,  328.     (See  1893,  396  §  53.) 

Skcts.  67  et  seq.,  74,  75.  Provision  made  for  completion  of  unfinished 
business  before  trial  justices.     St.  1890,  202.     (See  1883,  175.) 

Sect.  68.  Commitments  for  contempt  may  be  to  any  jail.  St.  1886, 
224.     (See  1893,  396  §  61.) 

Sects.  69,  77  et  seq.  Provision  made  for  preservation  of  records  and 
for  uniform  dockets  and  blanks  except  in  certain  cases.  St.  1888,  211, 
285.     (See  1893,  396  §§  59,  64.) 

Sect.  76.  Bond  to  be  examined  annually  by  controller  of  county  ac- 
counts.    St.  1893,  257.     ' 

Sect.  78  repealed.  Payments  and  accounting  regulated.  St.  1887,  438 ; 
1890,  204,  215,  216,  440;  1891,  70,  325,  416;  1893,  270,  385,  396  §  9  ; 
1898,  204.      (See  1886,  169;   1888,  180,  275;   1891,  392.) 

Provision  for  payment  by  county  of  rent  of  office  used  for  court  pur- 
poses.    St.  1898,  555. 

Chapter  156.  — Of  Probate  Courts. 

Uniform  rules  of  practice  and  blanks  are  provided  for.  St.  1893,  372. 
(See  1890,  420  §  2.     Res.  1893,  23;  St.  1898,  411.) 

Form  of  accounts  regulated.     St.  1895,  210. 

.Judges  may  act  for  or  assist  each  other.  St.  1892,  337;  1894,  377. 
(See  1896,  316;  1898,  69,  131.)  An  additional  judge  is  provided  for  in 
Suffolk.      St.  1893,  379.     And  in  Middlesex.     St.  1894,  527. 

Probate  courts  may  appoint  auditors  to  examine  accounts.  St.  1889, 
311. 

Any  act  or  proceeding  within  the  power  of  the  court  in  the  first  instance 
may  be  confirmed.     St.  1888,  420. 

The  probate  of  a  will,  or  a  determination  of  intestacy,  is  made  conclusive 
iu  certain  cases  after  two  years.     St.  1889,  435. 

Disposition  of  certain  moneys  unclaimed  or  not  payable  regulated.  St. 
1885,  376;    1889,  185,  449  §  2 ;   1890,  408.     (See  1893,  379.) 

Attorneys  may  appear  in  probate  proceedings,  and  process  and  notices 
may  be  serv^ed  on  them  as  if  upon  the  parties.     St.  1890,  420  §  1. 

Sect.  2.  Jurisdiction  extended.  St.  1887,332  §  2;  1891,  358,  415, 
425  §  14;  1892,  116;  1894,  164,  536;  1897,  135,  136.  (See  1894,  128, 
203,  303,  401;  1895,  116;  1896,  210,  456;  1897,  147;  1898,  65,  69,  131, 
411,  496  §  32.) 

Sects.  5-11.  Appeals  in  certain  cases  regulated.  St.  1887,  332  §  3; 
1888,  290;    1890,  261  §  3;    1891,  415  §  3;   1895,  116.      (See  1897,  135.) 

Sects.   7,  8  amended     St.  1888,  290. 

Sects.  9,  13  amended.  The  superior  court  is  to  act  in  certain  cases. 
St.  1890,  261.      (See  1891,  415.) 

Sect.  22.  See  St.  1890,  420;  1893,  372.  Provision  for  a  constable  to 
attend  the  court  in  Suffolk.  St.  1884,  140;  1894,  66;  1898,  146.  (See 
1887,  156,  243.)     And  iu  Middlesex.     St.  1895,  246  §  1. 


Chap.  15 

7.] 

Sect. 

32. 

Sect. 

35. 

291.) 

Sect. 

42. 

1891,  225. 

Sect. 

•44. 

1887,  21 

.7.) 

Sect. 

45. 

Sect. 

48. 

Public  Statutes.  965 

See  St.  1885,  370;   1889,  185;   1890,  408;   1893,  379. 
Expenses  may  also  be  awarded.     St.  1884,  131.      (See  1884, 

Provision  for  rearranging  worn  records  and  dockets.     St. 

Limit  of  expense  changed.     St.  1893,  422.     (See  1884,  118 ; 

See  St.  1880,  224. 

Provision  made  for  cases  of  holidays.     St.  1884,  141. 

Conrts  shall  always  l)e  open  for  matters  in  equity,  hearings,  contempt 
proceeilings  and  for  making  orders  and  decrees  in  such  matters,  except  on 
legal  holidays.     St.  1895,  215. 

Changes  in  sessions:  Barnstable;  St.  1893,  343.  Bristol;  1898,  199. 
Franklin;  1898,  218.  (See  1887,  46.)  Hampden;  1884,  294.  Hamp- 
shire; 1880,145.  Middlesex;  1889,  182.  Norfolk;  1898,  201.  Plym- 
outh;  1887,  63 ;  1889,  209.  (See  1889,  237.)  Suffolk  ;  1892,  202.  (See 
1893,379.)     Worcester;   1893,348. 

Chapter  157.  —  Of  Courts  of  Insolvency. 

Petition  may  be  brought  in  county  where  debtor  had  a  usual  place  of 
business.     St.  1893,  405. 

Attornevs  may  appear  and  be  served  with  notices  and  process.  St. 
1890,  420 '§  1. 

Court  may  direct  the  messenger  or  assignee  to  carry  on  the  business  of 
the  debtor.     St.  1897,  120.     See  St.  1898,  562  §  88. 

.Jurisdiction  iu  equity  given  in  insolvency  cases.  St.  1894,  164.  (See 
1892,435;  1893,418;   1894,367;  1895,340.) 

Uniform  rules  of  practice  provided  for.     St.  1893,  372. 

Two  judges  iu  Suffolk.  St.  1893,  379.  And  in  Middlesex.  St.  1894, 
527. 

Composition  with  creditors  provided  for  and  regulated.  St.  1884,  236  ; 
1885,353;  1889,406;  1890,387;  1895,  394  §4;  1897,303.  (See  1883, 
242;   1886,  322;   1888,  405.) 

Provision  made  for  special  judgments  against  insolvent  debtors  whose 
property  is  under  attachment  or  brought  within  the  control  of  the  court. 
St.  1885,  59  ;  1892,  209.  And  where  bond  to  dissolve  attachment  or  pros- 
ecute review  is  given,  and  debtor  discharged  in  composition  proceedings. 
St.  1888,  405 ;  1895,  234  §  4.  Sureties  on  bond  to  dissolve  attachment 
of  property  of  an  insolvent  debtor  are  released  by  the  discharge  of  the 
debtor  in  insolvency.     St.  1889,  470.     (See  1898,  562  §§  88,  89.) 

Voluntary  assignments  are  authorized  and  proceedings  regulated.  St. 
18.S7,  340; '1897,  326. 

Certain  claims  are  to  be  preferred  iu  settlements  by  receivers.  St. 
1897.  400. 

Se<  T.  3.  Courts  shall  always  be  open  for  certain  purposes  except  on 
legal  holidays.     St.  1895,  215.     (See  1884,  141.) 

Sect.  5.  Commitments  for  contempt  may  be  made  to  any  jail.  St. 
1886,  224. 

Sect.   15.     See  St.  1894,  164  §  4. 


966  Changes  ix  the  [Chap.  is:. 

Sect.  16.     See  St.  1893,  405  §  1. 

Sects.  19,  93.  Aceideutal  delay  or  omission  to  file  schedules  not  to 
defeat  discharge.  St.  1886,  290.  Nor  failure  to  keep  proper  books  in 
certain  cases.     St.  1894,  496. 

Sect.   26.     Equitable  liabilities  may  be  proved.     St.  1884,  293.     (See 

1897,  402,  427.) 

Sects.  36-38.     See  St.  1889,  420. 

Sects.  36,  91.  Appeal  is  to  be  entered  on  next  return  day.  St.  1885, 
384  §  5. 

Sect.  40.  Non-resident  assignees  must  appoint  a  resident  agent.  St. 
1889,  313;   1893,  118.      (See  1890,  420.) 

Sect.  46.  Voluntary  assignments  are  valid  against  an  assignee  in  in- 
solvency, subsequently  appointed,  in  certain  cases.     St.  1887,  340.     (See 

1898,  562  §  88.) 

A  mortgage,  if  recorded  more  than  four  months  after  its  date,  is  not 
good  against  assignee  in  certain  cases.     St.  1888,  393. 

Sect.  48  et  seq.     See  St.  1897,  120. 

Sects.  64-66.  Provision  made  for  case  of  death  of  assignee  after  dis- 
posal of  property  and  before  settlement  of  accounts.     St.  1891,  400. 

Sect.  70.     Fees  of  witnesses  regulated.     St.  1890,  277. 

Sect.  84.  No  claim  against  a  pledgee,  created  by  an  unauthorized  sale 
of  the  collateral  security,  shall  be  discharged.     St.  1885,  353  §  6.     (See 

1884,  236  §  9;    1890,  387;   1897,  427.) 

Sect.  93  is  amended.     St.  1886,  322 ;   1898,  465.     (See  1884,  236  §  7 ; 

1885,  353  §  2;   1886,  290;   1894,  496.) 

Sect.  96  et  seq.  A  pledge  or  payment  of  a  reasonable  sum  for  legal 
services  may  be  allowed.     St.  1889,  420.     (See  1897,  119.) 

Sect.  99.  If  the  debtor  does  not  apply,  the  court  may  make  an  allow- 
ance to  his  wife  or  minor  children.     St.  1888,  67. 

Sect.   102.     Accounts  must  be  sworn  to.     St.  1884,  126. 

Sect.  103.  Provision  made  for  disposition  of  unclaimed  dividends.  St. 
1883,  242;   1897,  303. 

Sect.  104.  Counsel  fees  may  be  allowed  as  a  preferred  claim.  St. 
1897,  119.     (And  see  1897,  400.) 

Sect.  106  et  seq.  Provision  for  suit  for  dividend  on  unproved  claims. 
St.  1897,  427. 

Sect.  112  is  revised.  St.  1895,  209.  (See  1890,  431;  1893,  405  §  2 ; 
1894,  261.) 

Sect.   115  is  revised.     St.  1894,  139. 

Sect.   116  amended.     St.  1893,  405  §  3. 

Sect.  120  repealed  and  a  substitute  passed.  St.  1894,  30.  (See  1893, 
405  §  4.) 

Sects.  127-130,  136.  Provision  made  for  insolvency  proceedings  by 
and  against  certain  foreign  corporations.     St.  1890,  321. 

Sect.   136  amended.     St.  1897,  124. 

Sects.  137,  138  are  repealed  and  fees  established.  St.  1895,  394.  (See 
1885,  353  §4;    1889,417;    1892,359.) 

Sect.  139  amended.  Provable  costs,  expenses,  etc.,  limited.  St.  1892, 
359.      (See  1895,  394.) 

Sect.  143.     The  registers  shall  make  the  returns.     St.  1897,  89. 


Chaps.  158,  159.]  PUBLIC    STATUTES.  967 


Chapter  158.  —  Of  Judges  and  Registers  of  Probate. 

Judges  may  act  for  or  assist  each  other.  St.  1892,  337 ;  1894,  377. 
(See  1898,  65,  69.)  Two  judges  in  Suffolk.  St.  1893,  379.  And  iu 
Middlesex.     St.  1894,  527. 

They  may  act  iu  other  counties.     St.  1898,  131. 

Sects.  6-8.  Register's  accounts  regulateil.  St.  1894,  183.  (See  1887, 
438;  1888,275;  1890,216,306;  1893,270;  1895,493;  1897,89;  1898, 
548  §  251.) 

Sect.  8.  Registers  shall  send  to  the  State  treasurer  copy  of  inventory 
of  estates  subject  to  a  collateral  succession  tax.     St.  1891,  425  §  10. 

Sect.  10.  Powers  of  registers  enlarged.  St.  1894,  199  ;  1897,  89,  147. 
(See  1898,  69.) 

Sect.  11.  Additional  assistants :  Franklin;  St.  1893,  151.  Hampden; 
1898,  234. 

Sect.  23.  Salaries  of  judges  in  all  the  counties  fixed.  St.  1893,  469. 
(See  as  to  Barnstable;  St.  1887, 166.  Berkshire;  1884,192.  Bristol;  1885, 
165;  1889,  211.  Dukes;  1885,  318.  Essex;  1883,  244;  1888,  112. 
Middlesex;  1882,  129;  1886,  184;  1889,  251.  Nantucket;  1890,  115. 
Norfolk;  1887,  72.  Plymouth;  1886,  183.  Suffolk;  1885,  203;  1893, 
379.  Worcester;  1885,  275.)  Subsequent  changes:  Berkshire;  1898, 
280.  Hampden;  1894,  352.  Middlesex,  Junior ;  1897,  383.  (See  1894, 
527.)     See  also  1892,  59. 

vSalaries  of  registers  and  assistant  registers  fixed.  St.  1893,  469  ;  1898, 
234,520.  (See  as  to  Berkshire;  St.  1884,  192.  Essex;  1887,  273. 
Franklin,  assistant;  1893,  151.  Hampden;  1884,  248.  Middlesex; 
1887,  259;  1891,  318.  Suffolk ;  1882,  144;  1891,  91.  Worcester;  1888, 
152.) 

Sects.  23,  24.  Allowance  made  for  clerical  assistance:  Bristol;  St. 
1889,136.  Essex;  1886,  114;  1895,  174.  Hampden;  1896,  219.  Mid- 
dlesex; 1890,192;  1893,344;  1895,  459;  1898,332.  Plymouth;  1894, 
322.  Suffolk;  1885,205;  1888,280;  1889,418;  1892,  230;  1893,431; 
1895,  364;  1897,  317.  Worcester;  1887,  39;  1889,  209;  1894,  259; 
1898,  117.     And  for  travelling  expenses  in  certain  cases.     St.  1896,  316. 

Sect.  24.  Shall  not  apply  to  Suffolk.  St.  1885,  205  §  2.  Or  to  Frank- 
lin.    St.  1893,  151  §  2. 

Chapter  159. —  Of  Clerks,  Attorneys  and  Other  Ofllcers  of  Judicial 

Courts. 

Sects.  2,  5,  31.  Clerical  assistance  provided  for.  St.  1893,  327;  1894, 
136. 

Sect.  3.  Clerk  shall  forward  to  attorney-general  copies  of  exceptions 
and  reports  in  cases  in  which  he  appears  for  the  Commonwealth.  St.  1890, 
374;   1895,372.     (See  1891,  356  §  5,  379  §3;   1896,413;   1898,  511  §  3.) 

Sect.  4.  Fac-simile  of  clerk's  signature  may  be  used  on  all  processes 
except  executions.     St.  1886,  13. 

Sect.  5.  Clerk  must  deposit  moneys  not  immediately  needed.  St. 
1890.  215.     (See  1887,  438  §  5.) 

Sect.  6.     When  clerk  is  absent,  county  commissioners  shall  appoint  one 


968  Changes  in  the  [Chap.  159. 

of  their  number  clerk  2'>^'o  tempore^  who  shall  be  sworn.  St.  1890,  198. 
In  counties  where  there  is  no  assistant  clerk  of  courts,  they  may  appoint  a 
clerk  2^''0  iem.  who  may  be  a  woman.     St.  1896,  384. 

Sects.  8,  9,  31.     Assistants  given  :  Essex;  St.  1889,  444.     Hampden; 

1897,  220.  Middlesex  (2d);  1889,  11;  (3d)  1896,  218.  Suffolk; 
1888,  153  (3d)  ;  1889,  50  (4th)  ;  1892,  87  (5th)  ;  1895,  251  (equity)  ; 
1895,  393,  480  (6th)  ;  1897,  334  (7th).  (See  1896,  413.)  Signatures  of 
assistants  regulated.      St.  1889,  215;   1895,  251.     (See  1898,  238.) 

Sect.  13.     Return  of  oath  required.     St.  1894,  228. 

Sect.  14.  Bonds  to  be  examined  annually  by  controller  of  county  ac- 
counts.    St.  1893,  257. 

Sect.  17.     See  St.   1882,  264  §  2. 

Sects.  27,  28.  Accounting  for  fees,  etc.,  regulated.  St.  1887,  291, 
438;  1888,  257;  1890,  209,  215,  216;  1891,  87,  236,  392,  416.  (See 
1890,  360,  440.) 

Clerks  must  deposit  public  funds  beyond  what  are  required  for  immediate 
use.  St.  1890,  215.  Certain  unclaimed  funds  are  to  be  paid  to  the  treas- 
urer of  the  Commonwealth.      St.  1890,  330. 

Sects.  29,34.  Salaries  changed:  Clerks:  Supreme  judicial  court,  Suf- 
folk ;  St.  1887,  291.  Superior  court,  Barnstable  ;  1892,  95.  Dukes ;  1887, 
112.  Berkshire,  Bristol,  Essex,  Franklin,  Hampden,  Hampshire,  Middle- 
sex, Nantucket,  Norfolk,  Plymouth,  Suffolk  and  Worcester:  1888,  257. 
Assistant  clerks  :  Bristol;  St^.  1898,  376.  Hampden  ;  1897.  220.  Middle- 
sex (1st  and  2d) ;  1892,  187;  (3d)  1896,  218.  Norfolk,  1898,  518.  Suf- 
folk; 1885,  250;  1893,  153,190.  Worcester;  1891,92.  (See  1889,  11; 
1890,  201;  1895,  251,  393,  480.)  Salaries  not  payable  until  all  fees  are 
paid  over.      St.  1890,  209  §  3. 

Sect.   33  is  amended.      St.  1898,  238. 

Sect.   34  is  repealed  and  admission  to  the  bar  regulated.     St.  1897,  508  ; 

1898,  384.  (See  1888,  257  §  5;  1898,  56,  206,  312.)  Women  may  be 
admitted  to  practise.  St.  1882,  139.  (See  1883,  252 ;  1889,197;  1896, 
476.) 

Sect.  37  et  seq.  An  act  relating  to  compensation  of  attorneys  assigned 
by  the  court  in  murder  cases.      St.  1893,  394. 

Disbarred  attorneys  who  continue  to  practise,  and  persons  falsely  repre- 
senting themselves  to  be  attorneys,  are  subject  to  a  penalty.  St.  1891, 
418.  As  to  agreements  to  postpone  cases,  and  engagements  in  another 
court,  see  St.  1884,  304;   1890,  154,  451. 

Sect.  44.  Word  "suit"  applies  to  anv  proceeding  before  anv  court. 
St.  1884,  170. 

Sects.  47,  48.  Masters,  assessors  and  referees,  and  arbitrators  under 
chapter  188,  upon  whose  awards  judgment  is  entered,  are  to  be  paid  by  the 
county.     St.  1883,  216;   1886,  51;   1887,  289. 

They  ai-e  to  have  no  fees  unless  report  is  filed  within  ninety  days.  St. 
1888,  282. 

Sect.  51.  The  fee  for  a  rule  to  an  auditor  is  fixed  at  one  dollar.  St. 
1888,  257  §  5. 

The  probate  court  may  appoint  auditors  in  certain  cases.  St.  1889,  311. 
(See  1894,  175.) 


Chaps.  160,  161.]  PUBLIC    STATUTES.  969 

Sects.  56-63.  Publication  of  reports  regulatea.  St.  1889,  471.  Re- 
porter's salary  fixed,  and  allowance  made  for  clerk  hire  and  incidental 
expenses.     St.  1892,  380.     (See  1889,  471  §  4.) 

Sect.  64  et  seq.  Number  of  oJllcers  in  attendance  regulated,  their  duties 
defined  and  compensation  fixed,  in  Suffolk:  Supreme  judicial  court;  St. 
1882,  232;  1886,37;  1887,243;  1890,  294.  Superior  court;  St.  1886, 
37;  1888,  357.  (See  1882,  245  §  3;  1883,  54.)  Middlesex  supreme 
judicial  and  superior  courts.  St.  1892,  107  ;  1895,  246.  (See  1895,  369  ; 
1897.  342.) 

And  in  probate  and  insolvency  courts.  St.  1887,  156,  243;  1894,  66; 
1895,  246;   1898,  146.      (See  1884,  140.)  * 

Uniforms  required  in  certain  cases.  St.  1888,  371;  1891,  181;  1892, 
107  §  5;   1895,  246  §  3. 

Sects.  72,  75  are  revised.  Provisions  for  appointment  and  compensa- 
tion of  stenooraphers.  St.  1885,  291;  1887,  74;  1892,  133;  1893,  404, 
452;  1894,  68,  330,424;  1896,459;  1897,  478.  (See  1887,24;  1889, 
324;   1895,  153  §  2.) 

Chapter  160.  —  Special  Provisions  respecting  Courts  and  the  Admin- 
istration of  Justice. 

Sect.  4.  When  Christmas  falls  on  Sunday  the  courts  are  not  open 
on  the  following  day.  St.  1882,  49.  The  first  Monday  of  September  is 
••  Labor's  holiday."  St.  1887,  263.  Fast  day  abolished  and  April  19 
made  a  holiday.  St.  1894,  130;  1896,  162.  (See  1888,  254;  1897,  431 
§  1 ;  1898,  488.) 

Sect.  5.     See  St.  1896,  247. 

Sects.  8-10.  The  laws  as  to  naturalization  are  revised;  jurisdiction  is 
given  to  the  lower  courts.  St.  1885,  345 ;  1886,  45,  203  ;  1887,  36,  329  ; 
1891,  180,  419;  1892,  348.  (See  1884,  298  §  38;  1888,  257  §  4;  1893, 
376,  417  §  237.) 

Sect.  9  is  repealed ;  primary  declarations  may  be  made  at  any  time. 
St.  1886,  45;   1891,  180. 


Chapter  161.  —  Of  the  Commencement  of  Actions  and  the  Service  of 

Process. 

The  assignee  of  a  non-negotiable  chose  in  action  may  sue  in  his  own 
name.     St.  1897,  402. 

In  an  action  on  a  probate  bond  the  wife  of  the  judge  may  be  a  defend- 
ant.    St.  1896,  208. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated.    St.  1893,  396. 

Two  or  more  persons  may  join  in  suit  against  same  defendant  to  recover 
not  exceeding  twenty  dollars  due  to  each  for  manual  labor.     St.  1896,  444. 

Sect.   1.     See  St.  1893,  396  §  13;   1894,  398. 

When  a  person  loses  his  life  through  negligence  of  another  or  such 
other's  employees,  executor  or  administrator  of  deceased  may  recover  from 
S500  to  85.000  in  action  of  toit.     St.  1898,  565. 


970  Changes  ix  the  [Chap.  i62. 

Sect.  1  applies  to  equity  suits.  St.  1883,  223  §  13.  (See  1889,  454  §  5 ; 
1894,  309.) 

Sects.  1-12.  Tiie  supreme  judicial  aud  superior  courts  may  change  the 
venue  in  certain  cases.     St.  1887,  347. 

Sect.  10.  The  motion  may  be  filed  within  thirty  days  after  the  day  for 
appearance.     St.  1885,  384  §  14.     (See  1892,  169.) 

Sect.  13  et  seq.  All  civil  actions,  at  law  or  in  equity  (except  replevin), 
in  the  supreme  judicial  aud  superior  courts,  may  be  commenced  in  either 
form.     St.  1887,  383. 

Fac-simile  of  clerk's  signature  may  be  used  on  certain  processes.  St. 
1886,  13.     (See  1885,  321.) 

Sect.  14.  See  St.  1896,  247 ;  1898,  397.  Attachment  is  dissolved  by 
appointment  of  receiver.     St.  1898,  420. 

Sects.  23,  27.  Terms  are  abolished  and  writs  are  returnable  on  first 
Monday  of  each  month.  St.  1885,  384.  No  original  writ  issued  by  a 
trial  justice,  or  district,  police  or  municipal  court,  shall  be  returnable 
more  than  sixty  days  from  date.     St.  1892,  148;   1893,  396  §  17. 

Sects.  32,  34,  36.     See  St.  1884,  330;   1890,  321 ;  1894,  384. 

Sects.  38-60.  The  right  to  attach  the  property  of  newspaper  oflices  is 
limited.     St.  1890,  377.      (See  1897,  404;   1898,  420.) 

Sect.  41  extended  to  arrest  of  the  person.     St.  1896,  247. 

Sect.  62.  All  attachments  must  be  deposited  in  the  registry  of  deeds. 
St.  1889,  401.      (See  1892,  289;  1897,  463;   1898,  562  §§  71-79.) 

Sects.   74-83.     See  St.  1890,  377  §  2. 

Sect.  84.  Justices  of  the  supreme  judicial  or  superior  court  may  order 
clerk  to  issue  process  in  cases  pending  in  another  county.  St.  1886,  223 ; 
1896,  413.      (See  1885,  384  §  3.) 

Sect.  88.     See  St.  1898,  397. 

Sect.  121.  "  Unreasonable  "  added.  Attachment  may  be  discharged. 
St.  1897,  460.      (See  1898,  397.) 

Sect.  122  et  seq.  A  fidelity  insurance  company  may  be  the  only  surety. 
St.  1894,  522  §  61.  (See  1884,  296  §  3;  1887,  214  §  61.)  Bonds  must 
contain  a  provision  for  special  judgments  under  St.  1888,  405.  (See  1885, 
59.)  The  sureties  are  released  by  principal's  discharge  in  insolvency  pro- 
ceedings begun  within  four  months.  St.  1889,  470.  Office  of  commis- 
sioner of  insolvency  abolished.  St.  1895,  100.  Provision  for  dissolution 
of  attachment  by  deposit  of  money.     St.  1897,  404.     (See  1898,  420.) 

Sect.   127.     See  St.  1892,  359. 

Chapter  162.  —  Of  Arrest,  Imprisonment,  and  Discharge. 

A  person  under  arrest  by  a  constable  on  mesne  process  or  execution 
may  be  further  arrested  by  deputy  sheriff  on  a  writ  or  execution  which  a 
constable  is  not  authorized  to  serve.     St.  1896,  247. 

Sect.  1.     Office  of  commissioner  of  insolvency  abolished.     St.  1895,  100. 

Sects.  1,  2.  Provision  for  reduction  of  ad  damnum  or  discharge  of 
defendant.     St.  1898,  397.     (See  1898,  411.) 

Sects.  3-15.     Provisions  relative  to  female  poor  debtors.     St.  1897,  466. 

Sects.  17,  18,  20,  25,  27,  28,  33,  34,  54  are  amended.  Poor  debtor  pro- 
ceedings are  regulated.     St.  1888,  419  ;  1889,  415  ;  1890,  128  ;   1891,  271, 


Chaps.  163-167.]  PuHLIC    STATUTES.  071 

313,  407;  ISHo,  02;  1897,  3m2,  4GG;  1898,  559.  (See  1887,  442;  1894, 
184;   1895,  308.) 

The  phice  of  proceedings  is  fixed.     St.  1894,  184. 

Skcts.  17,  18.  Notice  of  examiiiatiou  must  be  given  under  either  of  the 
charges  iu  section  17.  St.  1887,  442.  Affidavit  may  be  made  at  any  time 
before  the  certificate  is  issued.     St.  1891,  407.     (See  1897,  466.) 

Skct.  27.     See  St.  1896,  247;   1898,  397. 

Sects.  32,  34.  A  debtor  shall  not  suffer  default  by  reason  of  the  absence 
or  disability  of  the  magistrate,  if  a  new  notice  is  issued  within  three  days. 
St.  1887,  442  §§  3,  4." 

Sect.  36.  If  recognizance  is  not  satisfactory  debtor  may  be  imprisoned. 
St.  1889,  415  §  4.     ("See  1898,  397,  559.) 

Sects.  36,  51.     See  St.  1889,  415  §  12;   1898,  559. 

Sect.  68.  The  fees  are  changed,  and  the  mode  of  their  recovery.  They 
are  to  be  accounted  for.  St.  1888,  419  §  13;  1889,415  §§  6,7;  1891, 
313:  1893,  62.     (See  1897,  466  §  2.) 

Chapter  163.  — Of  Bail. 

Sects.  1,  2.     See  St.  1898,  397,  411. 

Sect.  4.  Office  of  commissioner  of  insolvency  abolished.  St.  1895, 
100. 

Sect.  12  is  amended.  The  bail  is  discharged  on  paying  costs,  if  the 
principal  dies.     St.  1884,  260.     (See  1898,  381.) 

Sect.  22.     See  St.  1898,  397,  411. 

Chapter  164.  —  Of  Proceedings  against  Absent  Defendants,  and  upon 

Insuflacient  Service. 

Provision  made  for  service  on  foreign  corporations.  St.  1884,  330. 
(See  1886,  230;   1889,  393;   1890,  321.) 

Sect.  6.  Notice  must  be  given  within  one  year  to  a  non-resident  of 
attachment  of  his  real  estate.  St.  1884,  268.  (See  1892,  289.)  Personal 
service  may  be  ordered  iu  certain  cases.     St.  1894,  384. 

Sect.  7  amended  as  to  time  for  appearance.     St.  1885,  384  §  8. 

Chapter  166.  — Of  Actions  by  and  against  Executors  and  Adminis- 
trators. 

In  actions  against  estate  of  a  deceased  person  supported  by  oral  testi- 
mony of  a  promise  or  statement  made  by  the  deceased,  evidence  of  his 
statements,  memoranda,  acts  and  habits  tending  to  disprove  the  statement 
is  admissible.     St.  1896,  445. 

Chapter  167.  —  Of  Pleading  and  Practice. 

Court  terms  are  abolished,  return  days  changed  and  practice  regulated. 
St.  1883,  223;  1884,  304,  316;  1885,""  384;  1887,  332,  380,  383;  1890, 
154,  374,  398,  451;  1891,  227,  362;  1892,  440;  1893,  61;  1897,472; 
1898,  397,  411,  420.     (See  1894,  173;   1896,  220;   1897,431;   1898,  489.) 


972  Changes  ix  the  [Chap.  lez. 

Where  there  are  two  or  more  shire  towns,  court  may  designate  the  shire 
town  at  which  an  action  shall  be  tried.     St.  1882,  264  §  2. 

An  act  to  facilitate  collection  of  small  debts  for  manual  work  or  labor. 
St.  1896,  444. 

All  civil  actions  at  law  or  in  equity  (except  replevin)  in  supreme  judicial 
or  superior  court  may  be  begun  by  bill  or  petition,  or  by  writ  with  bill  or 
petition  inserted,  and  relief  given  as  the  case  requires.     St.  1887,  3^3. 

An  act  relative  to  actions  upon  assigned  claims.     St.  1897,  402. 

Provisions  in  regard  to  new  trials  and  reduction  of  verdicts.  St.  1897, 
472.     In  regard  to  proceedings  in  cases  pending  in  other  counties.     St. 

1886,  223;   1892,  127;   1896,  413. 

Claimants  of  funds  in  defendant's  hands  may  be  summoned  in  and  the 
parties  required  to  interplead.  St.  1886,  281.  (See  1883,  62;  1888, 
345.) 

Sects.  2-10.  A  form  for  declaring  for  recovery  of  interest  is  estab- 
lished.    St.  1890,  398. 

Sect.  8.  If  copy  is  not  furnished,  the  action  mav  be  discontinued  ou 
motion.     St.  1894,  405. 

Sect.  9  amended.  On  failure  to  file  a  declaration  the  action  may  be 
dismissed  on  motion.     St.  1885,  384  §  6. 

Sects.  9,  11-20,  24-29,  40,  41  and  81  applv  to  actions  in  district  and 
police  courts.     St.  1893,  396  §  23. 

Sect.  11.     Demurrers  iu  equity  regulated.     St.  1883,  223  §  10.     (See 

1887,  383  §  2.) 

Sect.  13  et  seq.  Any  matter  which  in  equity  would  entitle  the  defendant 
to  be  absolutely  relieved  from  plaintiff's  claim  may  be  alleged.  St.  1883, 
223  §  14;   1887,  383. 

Sect.  AS.  The  superior  court  retains  jurisdiction  although  the  action  be 
changed  to  equity.     St.  1883,  223  §  17;   1887,  383  §  3. 

Sects.  46,  47  are  repealed,  and  new  provisions  made  as  to  defaults.  St. 
1885,  384  §§  7-11. 

Sect.  48.  Provision  for  speedv  trial  in  certain  cases.  St.  1894,  283, 
547;   1897,  381. 

Sects.  64,  67  et  seq.  Provision  made  for  postponement,  etc.,  of  cases 
on  trial  list.     St.  1884,  304;  1890,  1.54,  451.     (See  1890,  420.) 

The  supei'ior  court  may  regulate  publication  and  distribution  of  trial  lists. 
St.  1896,  401.      (See  1889,  459.) 

An  attorney  when  actually  engaged  in  the  trial  of  a  cause  in  the  supreme 
judicial  or  superior  court  is  not  obliged  to  proceed  to  trial  of  another  cause, 
unless  the  court  deems  it  just  and  reasonable.     St.  1890,  451. 

Sect.  65.     See  St.  1893,  396  §  20. 

Sect.  69.     Time  for  filing  claim  for  jurv  trial  extended.     St.  1894,  357. 

Sect.  70.     See  St.  1882,  239;   1894"  412. 

Sect.  77.     See  St.  1894,  424  §  9. 

Sect.  80.  Retraction  of  libel  may  be  proved  in  mitigation  of  damages. 
St.  1897,  525.     (See  1805,  441.) 

Sect.  89.     See  St.  1893,  396  §  23. 

Sect.  90.     District  court  of  Hampshire  is  added.     St.  1891,  139. 

Police  courts  may  order  defendant  to  answer.     St.  1886,  64. 


Chaps.  168-170.]  PUHLIC    STATUTES.  973 


Chapter  168.  —  Of  Set-off  and  Tender. 

Sect.  8  uot  to  apply  to  proceedings  by  savings  banks  against  depositors 
therein.     St.  1894,  317  §  32. 

Chapter  169.  — Of  Witnesses  and  Evidence. 

Treatment  of  witnesses  in  custody  regulated.  St.  1894,  160,  270.  Com- 
pen-sation  allowed  for  detention  in  jail.  St.  1894,  406.  (See  1892,  361  ; 
1894,  273.) 

As  to  admission  of  declarations  of  deceased  persons.  See  St.  1889,  100  ; 
1898,  535. 

Sect.  1  is  revised  and  right  to  issue  summonses  extended.  St.  1885, 
141;   1889,  197.     (See  1883,  252;   1884,  247;   1896,  476;   1898,  187.) 

Sect.  5.     See  St.  1886,  224. 

Sects.  7,  8  extended  to  boards  of  police  commissioners.     St.  1882,  267. 

.Justices  of  supreme  judicial  or  superior  court  maj^  compel  attendance  of 
witnesses  before  tribunals  having  power  to  summon,  but  not  to  compel 
attendance.  St.  1883,  195.  They  mav  compel  witness  to  testify.  St. 
1898,  374. 

Sect.  18.     See  St.  1896,  445. 

Sects.  28,  41.  Where  the  adverse  party  does  not  appear,  no  notice  of 
taking  deposition  or  exhibition  of  interrogatories  is  required.     St.  1883,  188. 

Sect.  54  is  amended.  Notice  to  non-resident  parties  is  provided  for. 
St.  1882,  140. 

Sects.  69,  70.  Attested  copies  of  rules  of  boards  of  aldermen,  ordi- 
nances of  cities,  by-laws  of  towns  and  records  of  cities  and  towns  are  ad- 
mitted. St.  1889,  387.  And  sworn  copies  of  records,  books  and  accounts 
of  savings  banks.  St.  1885,  92.  Verified  copies  from  authorized  steno- 
graphic notes  may  be  received  in  evidence  of  testimony  previously  given 
in  superior  court.     St.   1894,424  §  9;   1896,  459   §   7.     (See  1895,  153; 

1896,  451.) 

Chapter  170.  —  Of  Juries. 

A  uniform  system  of  preparing  jury  list  and  empanelling  juries  is  estab- 
lished.    St.  1897,  516.     (See  1894,  514.) 

Sect.  2.  Assistant  clerks  and  all  regularly  appointed  court  officers  are 
exempted.     St.  1896,  427. 

Sect.  6.     County  of  Nantucket  added.     St.  1891,  131. 

Sect.  7.     Publication  of  lists  of  jurors  provided  for.     St.  1894,  514  §  3. 

Sect.  19.  Veuii'es  for  jurors  for  the  supreme  judicial  court  in  Barn- 
stable regulated.     St.  1889,  173. 

Sect.  12.     See  St.  1892,  107  §  4. 

Sect.   17.     Drawing  jurors  in  cities  regulated.     St.   1894,   514.      (See 

1897,  516  §  7.) 

Sects.  2.3-32  are  repealed.     St.  1897,  516  §  10.     (See  1888,  123.) 
Sect.  35.     .Jurors  may  be  examined  by  parties  or  their  attorneys,  under 
direction  of  the  court.     St.  1887,  149. 
StcTb.  36.  ;57.     Sec  St.  1895,  120. 


974  CHAiSTGES    IX    THE  [Chaps.  171-174. 


Chapter  171.  —  Of  Judgment  and  Execution. 

.Judgments,  orders  and  decrees  must  bear  date  of  entry.  St.  1885,  384 
§  13. 

An  act  relative  to  the  issuing  of  executions  in  suits  founded  on  a  judg- 
ment previously  rendered.     St.  1898,  489. 

An  act  to  provide  an  equitable  process  after  judgment  in  certain  cases. 
St.  1898,  549. 

No  judgment  or  decree  affecting  title  to  real  estate  shall  be  valid  against 
third  parties  without  notice,  unless  recorded.  St.  1892,  289  ;  1897,  463  ; 
1898,  562  §  80.     (See  1889,  401.) 

Sects.  1,  17-24.  Provision  for  special  judgments  against  insolvents 
whose  property  is  attached,  or  under  control  of  a  court  of  equit}'  on  a  cred- 
itor's bill  or  otherwise.  St.  1885,  59;  1892,  209.  And  where  bond  is 
given  to  dissolve  attachment  or  prosecute  review,  and  defendant  is  dis- 
charged in  composition  proceedings.  St.  1888,  405.  (See  1884,  236; 
1886,  353 ;   1895,  234.) 

Sect.  34.  Certain  funds  of  charitable  and  relief  societies  are  exempted. 
St.  1886,  125  §  2  ;  1890,  181,  421  §  23.  Also  military  equipments.  St. 
1893,  367  §  71.  (See  1885,  183  §  11;  1887,  214  §  73,  411  §  71;  1890, 
421  §  23;   1892,  372;   1893,  434;   1894,  522  §  73.) 

Sect.  39.  When  a  sale  has  been  enjoined  court  may  order  adjournments 
until  further  order.     St.  1884,  175. 

Sects.  52,  53.  Provision  made  for  record  of  seizure  in  cases  where  the 
levy  is  suspended  on  account  of  a  prior  attachment.     St.  1887,  407. 

Sect.  54.  In  case  of  sickness  or  absence  of  the  officer  another  may  be 
delegated.     St.  1885,  125. 

Chapter  172.  — Of  the  Levy  of  Execution  on  Real  Estate. 

Sect.  22.  Execution  and  certificate  must  be  recorded  in  clerk's  office. 
St.  1895,  437.     (See  1898,  562  §  70.) 

Sect.  30.  Enjoined  sales  may  be  adjourned  by  the  court  granting  the 
injunction.     St.  1884,  175. 

Sects.  32,  49.  Right  of  redemption  extended  to  lands  set  off.  St. 
1886,  86. 

Sect.  45.  Levy  shall  be  considered  as  made  at  the  time  when  the  land 
is  taken.     St.  1896,  464. 

Chapter  173.  — Of  the  Writ  of  Entry. 

The  supreme  judicial  court  no  longer  has  original  jurisdiction  of  writs  of 
entry.     St.  1892,  169. 

Sect.  2.  Notwithstanding  disseizin  or  adverse  possession  a  conveyance 
of  real  estate  otherwise  valid  vests  in  the  grantee  the  rights  of  entry  and 
of  action  for  recovery.     St.  1891,  354.     (See  1898,  562.) 

Chapter  174.  —  Of  the  Writ  of  Dower. 

Sect.  7.     See  St.  1898,  562  §  84. 


Chai's.  175-179.]  Public  Statutes.  975 


Chapter  175.  —  Of  the  Summary  Process  for  the  Recovery  of  Land. 

Sfxt.  1.      See  St.  1891,  354. 

Sect.  2  et  seq.  See  St.  1893,  39G  §J{  12,  13,  2o,  29,  423  §  27;  1894, 
398,  431. 

Sect!J.  G-8.  a  bond  instead  of  a  recognizance  is  to  be  given.  St. 
1888,  325.      (See  1898,  457,  514,  562  §  82.) 

Chapter  176,  — Of  Petitions  for  the  Settlement  of  Title. 

This  chapter  is  repealed  and  a  substitute  enacted.  St.  1893,  340.  (See 
1897,  522;   1898,  457,  562.) 

Provision  made  for  barring  action  on  an  undischarged  mortgage  after 
possession  by  the  mortgagor  for  twenty  years  without  act  of  recognition. 
St.  1882,  23/;  1885,  283;  1890,  427  §  1.  (See  1889,  442;  1898,  562  §§ 
85,  106.) 

Provision  made  for  determining  the  validity,  nature  and  extent  of  con- 
ditions, restrictions,  reservations,  stipulations,  etc.,  more  than  thirty  years 
old,  appearing  of  record.  St.  1889,  442 ;  1890,  427  §  2  ;  1897»  522  ;  1898, 
457.     (See  1882,  237;   1885,  283;   1898,  514.) 

Chapter  178.  —  Of  the  Partition  of  Land. 

Sect.  2.  Original  jurisdiction  of  petitions  for  partition  taken  from 
supreme  judicial  court.     St.  1892,  169.     (See  1898,  562.) 

Sects.  2,  9,  75  extended.  Land  in  different  counties  may  be  divided  in 
one  proceeding.     St.  1888,  346.     (See  1889,  468.) 

Sect.  12.     See  St.  1896,  456. 

Sects.  13.  The  right  to  remove  petitions  for  partition  under  this  section 
is  taken  away.     St.  1892,  169  §  2.     (See  1885,  384  §  14.) 

Sect.  45  et  seq.  The  probate  court  may  set  off  his  share  to  petitioner 
and  allow  the  residue  to  remain  in  common.  St.  1885,  293.  (See  1887, 
286;   1888,  346;   1894,  104.) 

No  petition  for  partition  shall  be  defeated  because  a  party  has  paid  off 
an  incumbrance  which  other  parties  were  entitled  to  redeem,  but  the  decree 
shall  prescribe  terms  of  redemption.     St.  1889,  468. 

Sect.  51.     Words  "  newspaper  or  "  inserted.     St.  1882,  55. 

Sects.  52,  53.     See  St.  1896,  456. 

Sect.  57  repealed.     St.  1895,  118. 

Sect.  63  amended.     St.  1882,  6  §  2. 

Sect.  64-75.  Provision  made  for  partitions  where  there  are  estates  for 
life  or  for  a  term  of  years,  and  a  remainder-man.     St.  1887,  286. 

Sect.  65  amended^     St.  1894,  104.     (See  1885,  293;   1887,  286.) 

Sect.  75.     See  St.  1888.  346  §  3. 

Chapter  179.  —  Of  Waste  and  Trespass  on  Real  Estate. 
Sect.   1.     See  St.  1898,  562  §  84. 


976  ChAXGES    in    the  [Chaps.  180-183. 


Chapter  180.  —  Of  Actions  for  Private  Nuisances. 

Fences  and  other  like  structures  over  six  feet  in  height,  maliciously 
erected  or  maintained,  are  declared  private  nuisances.     St.  1887,  348. 

Chapter  181. — Of  the  Kedemption  and  Foreclosure  of  Mortgages. 

See  an  act  to  provide  for  registering  and  conlirming  titles  to  laud.  St. 
1898,  562  §§  60-63. 

Sects.  3,  9.  Original  jurisdiction  of  writs  of  entry  for  foreclosure  taken 
from  the  supreme  judicial  court.     St.  1892,  169. 

Sect.  17.  The  notice  may  be  given  in  some  newspaper  in  the  county  if 
there  is  none  in  the  town.     St.  1882,  75. 

Sect.  27.  The  mortgagee  may  proceed  with  a  sale  already  advertised 
unless  the  amount  due  is  paid  into  court  or  the  sale  enjoined.  St.  1888, 
433. 

Sect.  42  shall  not  apply  to  foreclosures  under  power  of  sale  mortgages. 
St.  1896,  203. 

Chapter  182.  — Of  Informations  for  Intrusion  and  for  the  Recovery 
of  Lands  of  the  Commonwealth. 

See  St.  1898,  562  §  83. 

Chapter  183.— Of  the  Trustee  Process. 

Sect.   1.     See  St.  1883,  223  §  11. 

Sect.  3.  Where  a  trustee  is  made  a  partj'^  for  the  purpose  of  giving 
jurisdiction  in  the  county  where  the  trustee  resides,  the  parties  not  residing 
there,  the  action  may  be  transferred.     St.  1893,  285. 

Sect.  4.     See  St.  1893,  396  §  13;   1894,  398,  431. 

Sect.  7  extended  to  trial  justices.  St.  1887,  33.  As  to  time  of  return, 
see  St.  1893,  396  §  17;   1894,  398. 

Sect.  10.  Appearance  and  answer  must  be  within  ten  days  from  the 
return  day  of  the  writ.     St.  1885,  384  §  9. 

Sect.  24.     See  St.  1898,  420. 

Sect.  29  et  seq.  The  wages  or  lay  of  seamen  are  exeni|)ted.  St.  1886, 
194.     But  not  of  fishermen.     St.  1890,  289. 

Sect.  34.  Certain  funds  of  charitable  and  relief  societies  and  assess- 
ment insurance  companies  are  not  liable  to  attachment.  St.  1886,  125  § 
2;  1890,  181,  421  §  23.  (See  1885,  183  §  11;  1887,  214  §  73,  270  §  6  ; 
1892,  372;   1894,  522  §  73.) 

Sect.  38.  Provision  is  made  for  executions  in  favor  of  claimants.  The 
provision  as  to  proceedings  under  chapter  161,  sections  80,  82,  83,  is 
omitted.     St.  1888,  345.      (See  1883,  62;   1886,  281.) 

Sect.  71.     See  St.  1897,  404. 

Sect.  73.  In  a  suit  by  the  defendant  against  the  trustee,  pending  the 
trustee  process,  the  costs  are  in  the  discretion  of  the  court.  St.  1883,  62. 
(See  1886,  281 ;   1888,  345.) 


Chaps.  184-191.]  PUBLlC    STATUTES.  977 


Chapter  184.  —Of  the  Replevin  of  Property. 

In  case  of  appeal  from  the  lower  courts  by  the  plaintiff,  no  bond,  recog- 
nizance or  deposit  is  required.     St.  1893,  396  §  29.     (See  1890,  224.) 

Skcts.  18,  19.  Sureties  may  be  approved  by  a  justice  of  a  police,  dis- 
trict or  municipal  court.     8t.  1895,  388.      (See  1894,  522  §  61.) 

Chapter  185. —Of  Habeas  Corpus  and  Personal  Replevin. 

Probate  courts  are  given  jurisdiction  in  cases  of  alleged  restraint  of  per- 
sonal liberty.     St.  1894,  530. 

Skct.  o.  Provision  for  habeas  corpus  in  poor  debtor  proceedings.  St. 
1888,  419  §  12;   1898,  559. 

Sect.  18  is  amended.     St.  1882,  6  §  3. 

Skcts.  21-23.     See  St.  1898,  411. 

Chapter  187.  — Of  Writs  of  Error  and  Writs  of  and  Petitions  for 

Review. 

l'l)()n  a  writ  of  error  or  other  proceeding  to  reverse  or  avoid  a  conviction, 
or  discharge  a  prisoner,  the  fact  that  the  person  was  under  seventeen  years 
of  age  shall  not  be  deemed  material.     St.  1892,  266. 

Sects.  16-39  are  repealed  and  revised.  St.  1895,  234.  (See  1882,  249  ; 
1888,  405  §  3;   1893,  396  §  33.) 

Chapter  188.  —  Of  Reference  to  Arbitration. 

The  fees  of  arbitrators  under  this  chapter,  upon  whose  awards  judgment 
is  entered,  are  to  be  paid  by  the  county.  St.  1887,  289.  (See  1883,  216 ; 
1886,  51.) 

Chapter  189.  — Of  Improving  Meadows  and  Swamps. 

Sect.  15.  **  Return  day "  is  substituted  for  "court  held."  St.  1885, 
384  §  5. 

Chapter  190.  — Of  Mills,  Dams  and  Reservoirs. 

Sect.  48  is  extended  to  any  stream,  on  certain  conditions.  St.  1892, 
55.  (See  1889,  383.)  Dam  may  be  erected  to  make  an  ice  pond  in  certain 
cases.     St.  1898,  480.  " 

Sect.  53  et  seq.  County  commissioners  may  examine  dams  and  reser- 
voirs upon  their  own  judgment,  and  proceed  as  if  application  had  been 
made  to  them.     St.  1891,  315;    1893,  99. 

Chapter  191.  —  Of  Liens  on  Buildings  and  Lands. 

See  Land  Registration  Act.     St.  1898,  562  §§  70-79. 

Provision  for  speedy  trials  in  superior  court,  Suffolk.  St.  1894,  283, 
547;   1897,  381. 

Sect.  6.  Certain  inaccuracies  not  to  invalidate  the  statement  if  parties 
were  not  misled.     St.  1892,  191. 

StCT.  12  ib  repealed.     St.  1888,  344  §  4. 


978  Changes  ix  the  [Chaps.  102-196. 

Sects.  13,  IG,  17  are  revised,  and  new  method  of  precedure  presci'ibed. 
St.  1888,  314.  District  and  police  courts  have  jurisdiction  when  the  claim 
does  not  exceed  one  thousand  dollars.     St.  1893,  31)6  §  12. 

Skcts.  42,  43.  Any  person  to  whom  a  debt  would  be  payable  for  labor 
or  materials,  if  it  were  not  for  a  lieu,  may  dissolve  such  lien  by  bond. 
St.  181)0,  383.  Sureties  may  be  approved  by  a  justice  of  a  police,  district 
or  municipal  court.     St.  18'J5,  404. 

Sect.  45.  Creditor's  attorney  may  discharge  lien.  St.  1891,  244. 
(See  1896,  443  §  7.) 

Chapter  192.  — Of  Mortgages,  Conditional  Sales,  Pledges  and  Liens 
on  Personal  Property. 

An  act  to  regulate  the  making  of  loans  upon  deposits  or  pledges  of 
personal  property.  St.  1895,  497;  1898,  515.  (See  1894,  416;  1896, 
183.) 

The  provisions  of  this  chapter  shall  not  apply  to  contracts  under  St. 
1894,  326.      (See  1884,  313;   1892,  411.) 

Sects.  1,  2  are  repealed,  and  new  provisions  made  as  to  recording.  St. 
1883,  73. 

Sect.  6  not  repealed  or  affected  by  St.  1892,  428,  or  1898,  577  §  11. 
(See  1888,  388;   1890,  416  §  6.) 

Sects.  7,  10.     See  St.  1892,  428  §  4. 

Sects.  10-12.  Debts  or  claims  against  a  pledgee,  created  by  an  unau- 
thorized sale  of  the  collateral,  are  not  discharged  in  insolvency.  St.  1885, 
353  §  6.      (See  1884,  236  §  9.) 

The  discharge  of,  and  redemption  of  security  for,  small  loans  regulated. 
St.  1888,  388;  1890,416;  1892,428;  1898,577.  (See  1885,  252 ;  1888, 
243;   1895,  497.) 

Mortgages  of  household  furniture  are  regulated  in  certain  cases.  St. 
1892,  428  §  3. 

Sect.  13.  Conditional  sales  of  furniture  or  household  effects  are  regu- 
lated.     St.  1884,  313;    1892,  411;    1898,  545.      (See  1894,  326.) 

Sect.   15.     Time  for  filing  statement  extended.     St.  1896,  404. 

Sect.  24.  Courts  in  the  county  where  the  petitioner  has  his  usual  place 
of  business  also  have  jurisdiction.     St.  1888,  46, 

Sect.   26  amended  to  conform  to  section  24.     St.  1893,  173.  , 

Sect.  31.  Lodging-house  keepers  added.  St.  1897,  292.  Disposition 
of  unclaimed  baggage,  etc.,  regulated.  St.  1893,  419;  1894,  181.  (See 
1897,  305.) 

Chapter  195.  —  Of  the  Collection  of  Claims  against  the  Commonwealth. 

Sect.  1  is  extended  to  all  claims,  whetlier  at  law  or  in  equity,  except 
those  mentioned  in  section  7.  They  are  subject  to  set-oft".  St.  1887,  246. 
(See  1895,  141  §  2.) 

Chapter  196.  — Of  the  Limitations  of  Real  Actions  and   Rights   of 

Entry. 

Sect.  11.  Not  to  apply  to  certain  province  lands.  St.  1893,  470.  (See 
St.  1898,  562.) 


Chaps.  197-109.]  PUBLIC    STATUTES.  979 


Chapter  197. —  Of  the  Limitation  of  Personal  Actions. 

Actions  to  recover  forfeitures  for  selling  liciuor  to  a  minor  are  limited 
to  two  years.      St.  18,s;),  :VM). 

Actions  by  and  against  assignees  in  insolvency  are  limited.    St.  1895,  432. 

Chapter  198.  —  Of  Costs  in  Civil  Actions. 

When  two  or  more  cases  are  tried  together  in  the  supreme  judicial,  supe- 
rior, or  any  police,  municipal  or  district  court,  the  costs  may  be  reduced 
by  the  presiding  judge.     St.  181)2,  231. 

Sect.  25  is  revised.     Time  of  hearing  appeals  changed.     St.  1882,  235. 

Sects.  28-31.  Term  fees  are  abolished.  St.  1888,  257;  1889,  433; 
1890,  209;   1891,  87.      (See  1882,  264;  1890,  360;  1898,  204.) 

Chapter  199.  — Of  the  Fees  of  Certain  Officers. 

In  criminal  cases,  if  the  complaint  is  unfounded,  frivolous  or  malicious, 
the  magistrate  may  refuse  to  allow  fees  to  complainant.  St.  1890,  440 
§  13. 

Sect.  2.  In  police,  district  and  municipal  courts  no  court  fees  are 
allowed  in  criminal  cases.     St.  1890,  256. 

Sects.  2,  3.  The  fees  of  trial  justices  and  mode  of  approval  and  certifi- 
cation are  established.  St.  1890,  353;  1891,  325;  1892,  200  §  3;  1893, 
396.  (See  1890,  440;  1892,  160.)  Fee  for  complaint  and  warrant  in 
bastardy  cases  abolished.     St.  1897,  237. 

Sects.  4,  5.  The  entry  fee  covers  all  clerks'  fees,  except  in  certain 
cases.  St.  1888,  257;  1889,433;  1890,  209;  1891,87;  1898.  204.  (See 
1890,  360.) 

Sect.  6.  Fees  for  summoning  witnesses  in  criminal  cases  fixed.  St. 
1882,  215.     (See  1890,  440  §§  1,  7;   1892,  200;   1893,  414;  1898,  204.) 

Sect.  9  is  revised.  Certain  charges  for  horse  hire  are  allowed.  St. 
1885,  254. 

Sect.  10  et  seq.    See  St.  1890,  440 ;   1893,  396  §  62 ;   1898,  204. 

Sect.  14.  Fees  of  witnesses  in  insolvency  proceedings  regulated.  St. 
181)0,  277.     (See  1890,  440  §  6;   1892,  231;   1893,  385.') 

Sects.  14,  39.  When  two  or  more  cases  are  tried  together  the  presiding 
judge  may  reduce  the  fees  and  costs.     St.  1892,  231. 

Sect.   15  repealed.     Apjiraisers'  fees  regulated.     St.  1886,  135. 

Sect.  20.  Fees  are  paid  to  county,  and  registers  and  assistants  paid  by 
salary.  St.  1895,  493.  (See  1892,  253  §  2  ;  1896,  172.)  Fee  for  dis- 
charge of  attachment  or  mechanic's  lien.     St.  1896,  443  §  7. 

Sects.  23-27  apply  to  registers  of  probate  and  iusolvenc3%  St.  1893, 
469  §  2.     (See  1896,  316.) 

Sects.  30,  34  et  aeq.  Officers'  fees,  costs  and  expenses  regulated.  St. 
1890,  440;  1891.  70,  325,  392;  1892,  200;  1893,  396  §  62;  1898,  204. 
(See  1889,  469;    1890,  166;   1892,  231.) 

Sects.  32,  39.     See  St.  1892,  231. 


980  Changes  ix  the  [Chaps.  200-203. 


Chapter  200.  —  Of  the  Bights  of  Persons  Accused. 

Police  matrons  and  stations  for  detention  of  women  are  reqnired  in  cer- 
tain cities.     St.  1887,  234;   1888,  181. 

Male  and  f  male  prisoners  shall  not  be  carried  to  or  from  court  together 
in  certain  cities.     St.  18i>4,  273. 

Chapter  202.  — Of  Offences  against  the  Person. 

Sects.  15,  16.  Public  boxing  matches  and  private  boxing  matches  for 
a  prize  or  reward  are  prohibited.     St.  1896,  422. 

Sect.  27.  Punishment  modified  and  '^  age  of  consent"  raised.  St. 
1893,466.      (See  1886,  305;   1888,391.) 

Abandonment  of  infant.     St.  1882,  270;   1889,  309;   1892,  318. 

Chapter  203.  — Of  Offences  against  Property. 

The  following  are  made  offences  :  — 

False  statements  of  the  distance  travelled  or  to  be  travelled  with  a  hired 
horse,  or  refusal  to  pay  the  hire.     St.  1882,  236. 

Violation  of  law  as  to  weekly  payment  of  wages.  St.  1896,  241.  (See 
1895,  438;   1898,  505.) 

Obtaining,  by  false  representations,  certificates  or  transfers  of  registra- 
tion, and  giving  false  pedigrees  of  cattle,  horses,  etc.  St.  1887,  143 ; 
1890,  334. 

Entering  or  driving  a  horse  disguised,  or  different  from  the  one  pur- 
ported to  be  entered,  to  compete  for  a  purse  or  premium.     St.  1892,  167. 

False  representations  to  overseers  of  the  poor,  etc.,  for  purpose  of  caus- 
ing any  person  to  be  supported  as  a  pauper.     St.  1891,  343. 

Selling  goods  marked  silver,  sterling  silver  or  coin  silver,  containing  less 
than  the  required  proportion  of  pure  silver.     St.  1894,  292. 

Injuring  property  or  unlawful  diversion  of  electricity  of  an  electric  light- 
ing company.  St.  1895,  330.  Violation  of  park  regulation.  St.  1896, 
199.     Making  false  report  to  savings  bank  commissioners.     St.  1896,327. 

Sects.  10,  11  amended.     The  penalties  are  modified.     St.  1888,  135. 

Sect.  16  extended  to  railroad  cars.     St.  1896,  389. 

Sect.  20.     The  penalties  are  changed  in  certain  cases.     St.  1889,  458. 

Sects.  20,  37,  40.  The  embezzlement  of  proi)ertv  of  voluntary  associa- 
tions is  made  a  crime.  St.  1884,  174;  1886,  328.  "(See  1887,  2l4  §§  98- 
110;  411  §  77;   1894,  367  §  17;  522  §§  98-110;   1898,  474  §  18.) 

And  of  money,  stocks  or  securities  held  by  l)rokers  under  written  direc- 
tions for  their  disposal.     St.  1892,  138.      (See  1890,  437  §  3.) 

Sect.  21.     And  the  mutilation  of  a  will.     St.  1890,  391. 

Sect.  43.  Penalty  fen-  destroying  or  removing  from  order  boxes  orders 
to  carriers  for  hire.  St.  1895,  481.  And  for  stealing  bicycles.  St.  1897, 
409. 

Sect.  54.     See  St.  1894,  450  §  2,  452  §  2,  472,  476. 

Sect.  56  is  extended  to  agents,  clerks,  etc.,  of  persons  or  firms,  and  to 
omissions  to  make  true  entries.     St.  1885,  223. 


Chaps.  204,  205.]  PUBLIC    STATUTES.  981 

Sect,  58.  Fraiululcnt  use  of  certain  insignia  is  made  an  offence.  St. 
1887,  67;   1891,  lo  ;   18'.)1,  27,  117. 

Sects.  G3,  64  extended  to  labels,  stamps  and  trade-marks  of  labor  and 
trade  associations.  St.  18U0,  104.  (See  1893,  443;  1894,  285;  1895, 
462.) 

Sect.  79.  Wilful  detention  or  mutilation  of  books,  etc.,  of  public  or 
incorporated  libraries  are  offences.     St.  1883,  77,  81. 

Sect.  95.     See  St.  1893,  403 ;   1897,  254. 

Sect.  99.  Provision  is  made  to  prevent  trespass  on  private  land  by 
persons  with  iire-arms,  the  defacing  of  notices,  etc.  St.  1884,  308  ;  1890, 
403,  410.      (Sec  1886,  276  §  4.) 

And  on  lands  appurtenant  to  prisons  or  houses  of  correction.  St.  1885, 
303. 

Sect.  101.  The  tearing  down,  removal  or  defacing  of  a  warrant,  voting 
or  jury  list,  or  other  legal  notice,  is  made  punishable.  St.  1883,  156 ; 
1887,  147;   1888,  436  §  28;   1889,  413  §  28. 

Sect.  102  is  revised.     St.  1898,  500. 

Sect.  103.  Municipal,  district  and  police  courts  are  given  concurrent 
jurisdiction  in  certain  cases.  The  penalty  is  regulated.  St.  1893,  396 
■j!  39;    1897,  180,  349.      (See  1887,  293  §  2;   1897,  387,  529.) 

The  wilful  defacing  and  misuse  of  milk  cans  is  made  an  offence.  St. 
1885,  133. 

^ECT.  106.  The  penalty  is  increased.  One-half  the  fine  is  t©  go  to  the 
informant.     St.  1889,  399. 

Sects.  107-109.  The  wilful  or  negligent  setting  of  fires  is  made  a 
crime.     St.  1882,  163;   1886,  296;   1897,  254. 

Wilful  or  wanton  destruction  of  property  by  a  convict  is  punishable. 
St.  1891,  295;   1896,  344. 

Chapter  204.  —  Of  Forgery,  and  Offences  against  the  Currency, 

Sect.  1.     See  St.  1898,  562  §§  111-114. 

Chapter  205.  —  Of  Offences  against  Public  Justice. 

The  following  are  made  offences :  Procuring  fraudulent  divorces.  Un- 
lawfully issuing  certiticates  of  divorce.  Advertising,  by  one  not  a  member 
of  the  bar,  the  business  of  procuring  divorces.  St.  1886,  342  ;  1887,  320; 
1891,  59.  Practising  law  after  disbarment;  or  falsely  representing  one's 
self  to  be  an  attorney-at-law.  St.  1891,  418.  Certain  pavments  of 
expenses  of  naturalization.  St.  1893,  417  §  237.  (See  1892,  416; 
1S'.)3,  376.) 

Interference  with  police  signal  system.     St.  1888,  291. 

Trespass  on  lands  appurtenant  to  prisons,  disturbance  of  prisons  and 
illicit  communication  with  prisoners.  St.  1885,  303.  And  illicit  convey- 
ance of  articles  to  or  from  the  men's  reformatory  prison.  St.  1887,  339. 
Offences  under  election  laws.  St.  1898,  548  §§  377-416.  (See  1892, 
330;  l.S!>3,  -117  4f§  309-344;  1894,  437;  1895,  237  §  2 ;  1897,  530.) 
Standard  record  inks.     St.  1898,  510, 


982  ChAK"GES   II^    the  [Chaps.  206,  207. 

Commitments  for  contempt  maj'  be  made  to  auj^  jail  and  served  iu  any 
county.     St.  1886,  224. 

Sect.  1.     Penalty  modified.     St.  1892,  123. 
Sects.  9,  10  are  extended.     St.  1891,  349;   1892,  416. 
Sects.  11,  12  extended  to  county  officers.     St.  1893,  271. 
Sect.  26.     See  St.  1898,  389. 

Chapter  206.  — Of  Offences  against  the  Public  Peace. 

Sect.  13  amended.     Penalty  increased.     St.  1897,  385. 

Chapter  207.  —  Of  Offences    against  Chastity,   Morality,   and   Good 

Order. 

Punishments  are  provided :  For  keeping  or  resorting  to  a  place  where 
opium  is  used.  St.  1885,  73;  1895,  194.  For  the  exhibition  of  deformed 
persons.  St.  1884,  99.  For  unnatural  and  lascivious  acts.  St.  1887,  436. 
For  sending  to,  or  detaining  in,  a  house  of  ill-fame  any  female  as  an  inmate 
or  servant.  St.  1888,  311.  For  immoral  shows  or  entertainments.  St. 
1896,  339.      Violating  a  park  regulation.     St.  1896,  199. 

Sect.  2.  Further  provision  made  against  seduction,  unlawful  inter- 
course and  assistance  thereto.  St.  188^6,  329;  1888,  311.  (See  1898, 
444.) 

Sect.  9.  The  dying  declarations  of  the  woman  are  admissible  in  evi- 
dence.    St.  1889,  fOO.      (See  1898,  535.) 

Sect.  15  is  extended  and  revised.  St.  1894,  433;  1895,  162.  (See 
1890,  70.) 

The  gift,  sale  or  distribution,  to  or  by  minors,  of  papers  devoted  to 
criminal  news  is  punishable.     St.  1885,  305. 

Sects.  20,  29,  34,  35.  Disorderly  or  indecent  speech  or  behavior  in 
public  conveyances  is  punishable.     St.  1883,  102. 

Sect.  22  is  extended  to  licensed  picnic  groves.  St.  1887,  445.  (See 
1885,  309.) 

Sect.  23.  Wilful  disturbance  of  persons  in  a  public  library  or  reading 
room  is  made  an  offence.  St.  1885,  225.  (See  1.S93,  417  §§  309-344; 
1895,  237  §  2.) 

Sects.  25-28  are  repealed,  and  new  provisions  made  as  to  proceedings 
and  punishments  in  cases  of  drunkenness.  St.  1891,  427;  1892,  303; 
1893,  414,  447.  (See  1885,  365,  375;  1886,  323  §  2;  1888,  377;  1891, 
356;   1892,  160,  200.) 

Sect.  29.  Neglect  to  support  wife  or  minor  children  is  puuishable. 
St.  1885,  176;    1893,  262.     (See  1882,  270;   1884,  210.) 

Sects.  29-42.  Sentences  under  these  sections  regulated.  St.  1884. 
258;  1885,  365;  1886,  323;  1892,  303;  1893,  447;  1895,  445  §  3 ;  1898, 
443.      (See  1887,  264;   1888,  49.) 

Peddling  or  begging  by  minors  is  punishable.     St.  1887,  422. 

Sect.  38  is  revised.     St.  1896,  385. 

Sects.  49,  50.  Removing  flowers  or  memorial  tokens  from  graves,  etc., 
without  authority  is  punishable.     St.  1888,  395. 


Chaps.  208,  209.]  PuBLTC    STATUTES.  983 

Skcts.  52-54.  The  dockinj;  of  hoTses'  tails  is  forbidden  under  penalty. 
St.  1894,  4G1.      (See  1881),  267.) 

The  payment  of  fines  under  these  sections  is  regulated.  St.  1889,  2G7 ; 
1891,  304^  41G;   1894,  461  §  4. 

Sect.  69  is  extended.     St.  1895,  461.     (See  1885,  316;  1893,  436.) 

Chapter  208.  —  Of  Offences  against  Public  Health. 

Penalties  are  provided  for :  Sale  or  gift  of  cigarettes,  snuff  or  tobacco 
to  children  under  sixteen ;  St.  1886,  72.  Feeding,  or  keeping  with  intent 
to  feed,  garbage,  offal,  etc.,  to  milch  cows  and  certain  food  animals;  St. 
1889,  326;   1895,  385.     Sale  of  clothing  made  in  unhealthy  places;  St. 

1894,  508.  (See  1891,  357;  1892,  296;  1893,  246;  1898,  150.)  Manu- 
facture or  sale  of  toys  or  confectionery  containing  arsenic  ;  St.  1891,  374. 
Pollution  of  water  supplies;  St.  1884,  172;  1897,  510  §  6.  (See  1890, 
441  §  5.)  Refusing  to  furnish  a  water  supply  in  certain  cases  ;  St. 
1898,  168.  Neglect,  after  notice  by  board  of  health,  to  repair  private 
drain  in  street;  St.  1893,  312.  Adulteration  of  food  or  drugs;  St.  1882, 
263;  1884,289;  1886,171;  1896,  397  §  19  ;  1897,344.  (See  1883,  263.) 
(As  to  milk  and  butter,  see  1884,  310;  1885,  352;  1886,  317,  318;  1896, 
264,  398.)  Using  certain  coloring  matter  in  sausages;  St.  1898,  193. 
Making  or  issuing  a  false  or  fraudulent  certificate  or  prescription  for  sale 
of  intoxicating  liquor  or  medicines  ;  selling  intoxicating  liquor  or  drugs 
by  an  unregistered  pharmacist;  and  adulterating  drugs;  St.  1896,  397 
§§  16-19.  Unlawfully  advertising  as  a  physician  or  a  surgeon  ;  St.  1894, 
458  §  10;  1895,  412.  Breach  of  regulations  for  bakeries;  St.  1896,  418 
§  6.  Nuisance  by  smoke  in  certain  cities;  St.  1895,  389.  (See  1893, 
353,  396  §  40;  1898,  298.) 

Sects.  5,  6.  The  regulations  as  to  sale  of  poisons  are  revised.  St. 
1896,  397  §  20;  1898,  192.  (See  1885,  313;  1887,  38;  1888,  209;  1893, 
227,  472.) 

Chapter  209.  —  Of  Offences  against  Public  Policy. 

It  is  made  unlawful  to  display  a  flag  or  emblem  of  a  foreign  country  on 
a  public  building  or  schoolhouse,  except  on  certain  conditions.  St.  1895, 
115. 

Provisions  to  prevent  lotteries   and  policy  lotteries.     St.   1892,   409 ; 

1895,  419.     As  to  standard  record  inks.     St.  1898,  510. 

A  penalty  is  imposed  for  having  in  possession  or  wearing  the  body  or 
feathers  of  a  bird  whose  killing  is  prohibited  by  law.  St.  1897,  524  ;  1898, 
339. 

Property  shall  not  be  sold  or  exchanged  uiTder  the  inducement  of  any 
gift  or  prize.     St.  1884,  277  ;   1898,  576. 

Pretending,  in  writing,  to  hold  a  degree  of  a  college  or  school,  or  the 
approyal  of  a  college  or  professional  school  of  a  person,  process,  treat- 
ment or  goods,  and  granting  degrees  without  authority,  are  made  offences. 
St.  1893,  355.  (See  1883,  268.)  Unlawful  posting  of  advertising  signs. 
St.  1898,  500. 

lufluenciug  or  intimidating  voters,  and  coercing  or  compelliug  a  person, 


984:  Changes  ix  the 


[Chaps.  210-212. 


as  a  condition  of  emploj-ment,  to  agree  not  to  join  a  labor  organization  are 
made  offences.     St.  1894,  508  §§  3,  5,  58,  78.      (See  1892,  330;   1893,  417 
§§309-344;  1894,437;   1895,  237§2;   1897,530;   1898,  435  §  2,  505  §  2.) 
Sects.   11-13.     See  St.  1892,  167. 

Chapter  210.  —  Of  Felonies,  Accessories,  Abettors  and  Attempts  to 

commit  Crimes. 

Sentences  are  regulated.  St.  1885,  365;  1886,  323;  1887,  435;  1889, 
113;  1890,316;  1891,200;  1895,218,469,504;  1897,294.  (See  1896, 
304.) 

Chapter  211.  —  Of  Proceedings  to  prevent  the  Commission  of  Crime. 

Sects.  4,  5  amended.  Magistrate  may  impose  sentence  in  case  of  con- 
viction.    St.  1894,  505. 

The  court  may  revoke  an  order  requiring  recognizance  or  reduce  the 
amount.     St.  1896,  388. 

Sect.  6  extended  to  all  criminal  cases.  St.  1890,  440  §  13.  (See  1890, 
256.) 

Sects.  13,  16,  17.     See  St.  1893,  396  §  41. 

Chapter  212.  —  Of  Search  Warrants,  Rewards,  Arrests,  Examination, 

Bail  and  Probation. 

Police  matrons  are  provided  for  in  certain  cities.  St.  1887,  234  ;  1888, 
181. 

Male  and  female  prisoners  shall  not  be  carried  to  or  from  court  togetlier 
in  certain  cities.     St.  1894,  273. 

Provisions  in  regard  to  arrest  of  children  under  twelve.     St.  1882,  127. 

Sect.  2.  Tickets  and  other  materials  for  pool  selling  are  added.  St. 
1885,  342  §  2.  Also  personal  property,  insured  against  fire,  concealed  to 
defraud  an  insurance  company.     St.  1890,  284.      (See  1890,  452.) 

Property  seized  under  St.  1890,  284,  shall  be  disposed  of  as  the  court 
orders.     St.  1890,  452. 

Sects.  5-10  applied  to  property  seized  in  pool  rooms,  gamins;  liouses  and 
opium  joints.  St.  1894,  410;  1895,  194.  (See  1885,  73,  342  §  2;  1887, 
448  §  2;   1895,  419.) 

Sect.  9  is  extended  to  gaming  apparatus  and  certain  other  articles.  St. 
1885,  66. 

Sects.  14-15.  See  St.  1893,  396  §  42.  If  magistrate  deems  complaint 
unfounded,  frivolous  or  malicious,  he  may  refuse  fees  to  complainant.  St. 
1890,  440  §  13. 

Sect.  16.  A  summons  shall  issue  instead  of  a  warrant  ''  unless  there  is 
reason  to  believe  that  the  accused  will  not  appear  upon  a  summons."  St. 
1890,  225. 

Sects.  17,  20.  Warrants  and  other  criminal  process  may  be  directed  to 
and  served  by  officers  in  any  countv-     St.  1886,  247.     See  1895,  380. 

Sect.  22.     See  St.  1898,  411. 

Sect.  26.  On  adjourning  a  trial  or  examination  where  the  offence  is 
punishable  with  death  or  imprisonment  for  life,  material  witnesses  for  the 


Chaps.  213,  214.]  PuBLIC    STATUTES.  985 

government  may  be  bound  over  according  to  sections  37-41  of  this  chapter. 
St.  1S8.'),  13G. 

Sect.  34.     See  St.  1898,  381. 

Another  justice  may  complete  adjourned  proceedings.     St.  1883,  175. 

Sects.  36-4U.  Provision  for  detention  of  witnesses  in  cases  of  felony, 
pending  pursuit  and  apprehension  of  offender.  St.  1892,  361.  (See  St. 
1893,  390  §  48.)  Provision  made  for  treatment  of  witnesses  in  custody. 
St.  1894,  160,  270.     And  for  their  compensation.     1894,  406. 

Sects.  37-41.     See  St.  1885,  136  §  2. 

Sect.  46  amended,  and  sects.  49  and  50  revised.     St.  1898,  411. 

Sect.  51.  The  latter  clause  of  this  section,  forbidding  justices  to  receive 
compensation  for  taking  bail,  is  repealed.     St.  1885,  135. 

Sect.  68.  Money  may  be  deposited  with  any  ofhcer  authorized  to  take 
recognizance.     St.  1882,  134. 

Sects.  74-78  repealed,  and  new  provisions  made  as  to  probation.  St. 
1891,  356,  427:  1892,  242;  1894,  229,  368,  372;  1897,  236,  266;  1898, 
511.     (See  1882,  125;   1892,  276,  303.) 

Sect.  81  amended.     St.  1886,  101  §  4 ;   1898,  433  §  28,  443. 

Chapter  213.  — Of  Indictments,  Prosecutions  and.  Proceedings  before 

Trial. 

Sect.   1.     See  St.  1897,  490  §  7. 

Sect.  15.     See  St.  1887,  367;   1895,  390;   1896,  482;   1898,  433. 

Sect.   16  et  seq.     See  St.  1886,  328  §  2;   1887,  436. 

Sect.  17  repealed  and  a  substitute  passed.  St.  1886,  53.  (See  1885, 
144.) 

Sects.  15,  30.  The  support  of  such  insane  pei'sons  is  to  be  paid  by  the 
State.     St.  1883,  148;   1889,  90.     (See  1894,  214  §  3.) 

Sect.  28  et  seq.  The  superior  court  has  exclusive  original  jurisdiction 
in  capital  cases.     St.  1891,  379.      (See  1893,  324,  365,  394.) 

Sects.  29,  30  repealed.     St.  1891,  379  §  14. 

Sects.  33-35.  Police  officers  may  serve  subpoenas  when  requested  by 
district  attorney.     St.  1890,  440  §  6. 

Sect.  35.  In  cases  of  felony,  witnesses  committed  may  be  held  a  rea- 
sonable time  pending  pursuit  and  apprehension  of  the  offender.  St.  1892, 
361.      (See  1893,  396  §  48;   1894,  160,  270,  406.) 

Sect.  38  not  affected  by  St.  1891,  379  §  4.     St.  1893,  365. 

Sect.  43.     See  St.  1890,  437  §  3. 

Chapter  214. —Of  Trials  and  Proceedings  before  Judgment. 

Sect.  1.  Order  of  trials  in  criminal  cases  regulated.  St.  1884,  193; 
1889,  432. 

Sects.  5,  6.  When  two  or  more  persons  are  tried  together  tlie  Com- 
monwealth may  challenge  as  many  as  the  defendants.     St.  1895,  120. 

Sect.   16.     See  St.  I.s,s7,  367. 

Sects.  16,  19,  20.  The  support  of  such  insane  person  is  to  be  paid  by 
the  State.  St.  1883,  148;  1889,  90.  (See  1895,  390;  1896,  482;  1898, 
433.) 


986  Cha:n'Ges  in  the  [Chaps.  215, 216. 

Sect.  21  amended.  St.  189.5,  390  §  7. 

Sect.  22.  See  St.  1890,  250. 

Sects.  25,  26.     See  St.  1895,  419  §  6. 

Chapter  215.  —  Of  Judgment  and  Execution. 

Sentence  shall  be  imposed  notwithstanding  exceptions  or  appeal.  St. 
1895,  469. 

Provision  made  for  the  ascertainment  and  punishment  of  habitual  crim- 
inals. St.  1887,  435.  And  for  registration  and  identification  of  certain 
criminals.      St.  1890,  316. 

Warrants  for  commitment  for  non-payment  of  fines  regulated.  St.  1891, 
416  §  2. 

Sentences  to  State  prison  regulated.  St.  1895,  504;  1897,  294  j  1898, 
371.      (See  1895,  469;    1898,  240.) 

And  to  Suffolk  county  reformatory.     St.  1896,  536. 

And  to  the  State  Farm.  St.  1882,  127;  1884,  258;  1898,  443.  (See 
1884,  297;   1886,  101  §  4;   1898,  433  §  28.) 

Commitment  may  be  made  at  same  time  on  several  sentences.  St.  1884, 
265. 

Convicts  may  be  sent  to  jail,  houses  of  correction,  or  Suffolk  reforma- 
tory, and  may  be  transferred  from  one  to  the  other.  St.  1882,  241 ;  1895, 
224;  1890,  521,  530  §  7.  (See  1890,  317.)  May  be  employed  in  State 
industrial  camp.     St.  1898,  393. 

Prisoners  in  State  institutions  shall  not  be  employed  outside  the  pre- 
cincts of  such  institution  in  any  mechanical  or  skilled  labor  for  private 
parties.  St.  1891,  209.  May  prepare  road  materials  for  State  highways. 
St.  1898,  365. 

Sects.  2,  5.  Taxing  costs  against  defendants  in  criminal  cases  is  re- 
stricted and  payment  of  expenses  regulated.     St.  1890,  440;   1891,  325. 

Expense  of  serving  warrant  of  commitment  shall  be  deemed  part  of  ex- 
pense of  prosecution.     St.  1890,  328. 

Sect.  8.  Not  to  apply  to  sales  of  intoxicating  liquor  by  unregistered 
pharmacists  in  name  of  one  who  is  registered.  St.  1893,  472.  (See  1896, 
397.) 

Sect.  15.  Sentences  of  women  regulated.  St.  1889,  113;  1895,  218. 
(See  1887,  426;    1896,304,317.) 

Sect.   18  is  revised.     St.  1882,  127. 

Sect.  22.  A  prisoner  in  the  IMassachusetts  reformatory  may  be  sent  to 
State  prison  or  house  of  correction  on  conviction  of  an  offence  punishajlile 
by  imprisonment  tlierein.     St.  1891,  200.      (See  1895,  273.) 

Sects.  32,  33,  37-39  are  repealed.  Infliction  of  death  penalty  by  elec- 
tricity is  established  and  regulated.     St.  1898,  326. 

Chapter  216.  — Of  Fire  Inquests. 

This  chapter  is  repealed,  and  the  laws  as  to  fire  inquests  revised.     St. 

J894,  444 ;   1896,  303.     (See  1886,  296  ;  1887,  214  ;  1888,  199  ;  1889,  451 ; 
1891,229;    1895,452;    1898,160.) 


Chaps.  217-219.]  PuBLIC    STATUTES.  98T 


Chapter  217.  — Of  Fines,  Forfeitures  and  Costs. 

Sect.   1.     See  St.  1KS7,  438  §  5 ;   1890,  440  §  5;   1891,  41G. 

Expense  of  serving  warrant  of  commitment  shall  be  deemed  a  part  of 
expense  of  prosecution.     St.  1890,  328. 

Sect.  4.     See  St.  1890,  440  §  2;   1898,  204,  41G. 

Sect.  ^^.     See  St.  1890,  303. 

Sects.  8,  9.  Taxation,  certification  and  pa^'ment  of  costs  and  fines 
reiiulated.  St.  1890,  218,  440;  1891,  236,  392,  416;  1892,  200;  1893, 
396  §§  53,  62.      (See  1889,  469;   1898,  204.) 

Sect.   13  repealed.     St.  1890,  218  §  3. 

Sect.  15  is  repealed,  and  method  of  accounting  for  moneys  received, 
under  section  14  established.     St.  1891,  416. 

Chapter  218.  —  Of  Fugitives  from  Justice  and  Pardons. 

Sect.  6  repealed.  Payment  of  expenses  of  requisitions  regulated.  St. 
1886,  267. 

Sect.  14.  Sentences  after  breach  of  condition  of  a  pardon  regulated. 
St.   1882,  197. 

Chapter  219.  —  Of  the  Commissioners  of  Prisons. 

The  commissioners  shall  make  reports  to  the  governor  at  least  once  in 
six  months.  St.  1893,  428.  (See  1898,  366.)  Shall  make  special  rules 
for  treatment  of  witnesses  held  in  custody.  St.  1894,  270.  (See  1892, 
361  ;  1894,  160,  273,  406.) 

They  may  provide  for  surgical  treatment  of  prisoners.  St.  1882,  207. 
They  shall  provide  for  exercise  for  unemployed  prisoners.  St.  1895,  146. 
And  for  medical  supervision  of  prisoners  iu  solitary  cells  in  county  prisons. 
St.  1895,  195.  And  for  teaching  certain  prisoners  to  read  and  Avrite.  St. 
1895,  2.59. 

Powers  and  duties  of  commissioners  in  regard  to  the  reformatory  pre- 
scribed. St.  1884,  255,  331 ;  1886,  323  §  4  ;  1888,  317  ;  1894,  249.  As 
to  release  on  parole  of  prisoners  in  State  prison.  St.  1894,  440 ;  1895, 
252,  504;  1897,  206,  272.  (See  1888,  192.)  As  to  approval  of  bills, 
see  St.  1884,  255  §  30 ;   1888,  337,  403  §  7 ;   1889,  294. 

The  governor  may  remove  commissioners  at  pleasure.      St.  1893,  453.  ' 

Registration  and  measurement  of  certain  convicts  provided  for.  St. 
1890,'  316.      (See  1892,  313.) 

Tiie  autliorities  of  State  of  A^ermont  are  granted  permission  to  detain  in 
and  transport  through  the  State  convicts  sentenced  iu  \'ermoiit.  St.  1892, 
423. 

Sect.  3.     Secretary's  salary  fixed.     St.  1886,  275.     (See  1884,  331  §  4.) 

Sect.  4.  Removal  and  transfer  of  prisoners  reaulated.  St.  1882,  207, 
241:  1884,  255  §§  12-l.S;  1885,  35,320;  1887,^292,  375;  1888,  192; 
1890,  180,  278;  1894,  214,  249;  1895,  273;  1898,  393  §  7.  (See  1894, 
273;   1896,  317,  521.) 

St.ate  prison  convicts  may  ])e  i;raded  and  classified.  St.  1892,  267. 
(See  1891,  372.) 


988  Changes  ix  the  [Chap.  220. 

Sect.  6.  Vagrants  and  tramps  may  be  removed  to  the  State  farm.  St. 
1885,  35  §  1.     (See  1887,  264;   1896,  385.) 

Sect.  7  amended.    St.  1886,  101  §  4 ;  1898,  433  §  28.     (See  1898,  443.) 

Sect.  14  et  seq.  Labor  in  prisons  and  employment  of  prisoners  regu- 
lated. St.  1883,  217;  1885,  94;  1887,447;  1888,  22,  189,403;  1891, 
209,  228,  371 ;  1894,  451,  460;  1897,  412,  434,  480;  1898,  259,  277,  307, 
334,  365,  393.      (See  1895,  146,  259.) 

Sects.  17,  18  repealed.     St.  1888,  403  §  6. 

Sect.  24.  Sentence  maybe  to  reformatory  prison  for  women.  St.  1894, 
260.      (See  1895,  218.) 

Sects.  26-30.  Additional  agents  authorized  and  provisions  for  aiding 
discharged  prisoners.  St.  1886,  177;  1887,  315,  336,  395;  1888,417; 
1895,  383;   1897,  350.   -  (See  1888,  322,  330.) 

Sect.   32.     See  St.  1889,  245  ;  1895,449. 

Sects.  34,  35  et  seq.  Reports  and  returns  are  regulated.  St.  1882, 
226;    1891,  187,  236,  392,  416;   1892,  290  §  2 ;   1898,  277. 

Sect.  36  repealed.     St.  1882,  226  §  3. 

Sect.  39.  Allowance  made  for  clerical  assistance.  St.  1888,  328; 
1895,  431.      (See  1885,  52.) 

Chapter  220.  —  Of  Jails  and  Houses  of  Correction. 

Provision  for  a  State  industrial  camp  for  certain  convicts.  St.  1898, 
393. 

An  act  relative  to  the  Suffolk  county  reformatory,  house  of  correction 
and  Boston  house  of  industry.     St.  1896,  536. 

Police  matrons  and  stations  for  the  detention  of  women  are  required  in 
certain  cities.     St.  1887,  234 ;   1888,181. 

Carrying  male  and  female  prisoners  together  to  and  from  court  is  for- 
bidden in  certain  cities.     St.  1894,  273. 

A  general  superintendent  of  prisons  is  provided  for.  St.  1887,  447  §  6 ; 
1895,  322.  (See  1888,  403;  1891,  228;  1894,  451,  460;  1897,  412,  434, 
480;   1898,  307,  334,  365,  393.) 

And  medical  supei'vision  in  certain  cases.     St.  1895,  195. 

Sentences  to  State  farm  regulated.  St.  1882,  127;  1884,  258;  1898, 
443.      (See  1887,  264;   1894,  214;   1898,  433.) 

Sect.  2.  The  sheriff  may  transfer  prisoners  between  jails  and  houses 
of  correction.     St.  1882,  241.      (See  1890,  278;  1896,  521.) 

Provision  for  removal  of  sick  px'isoners  to  State  farm.     St.  1894,  214. 

Sect.  11  e^  seq.  An  institution  commissioner  substituted  for  directors 
for  public  institutions  of  Boston.  St.  1895,449  §  14.  (See  1885,  -I^C); 
1889,  245;  1896,  521,  536;  1897,  395,  451  ;  1898,  496  §§  29,  35,  580.) 

Sects.  13,14.  Contract  labor  is  forbidden  in  certain  prisons.  St.  1887, 
447;  1888,  22.  (See  1888,403;  18;»4,  451  ;  1897,412.)  And  employ- 
ment of  prisoners  for  private  parties  outside  of  prison  precincts.  St.  1<S91, 
209.  They  ma}-  be  employed  to  prepare  road  materials  for  State  highways. 
St.   1898,  365,  393. 

Sect.   19.     See  St.  1891,  426. 

Sect.  23.  See  St.  1890,  215;  1894,  349. 

Sect.  29.  See  St.  1890,  328. 


Chap.  221.]  PUBLIC    STATUTES.  989 

Sect.  36.  The  requirement  of  whitewashing  is  stricken  out.  St.  1886, 
226. 

Sect.  40  et  seq.  Labor  in  prisons  and  employment  of  prisoners  are 
reijulated.  St.  1883,  217;  1887,  447;  1888,  22,  189,  403;  1891,209,  228, 
37l ;  1894,  451,  460;  1897,  412,  434,  480;  1898,  259,  277,  307,  334,  365, 
393.      (See  1895,  146,  259.) 

Sect.  4().  Provision  made  for  teaching  certain  illiterate  prisoners 
to  read  and  write.     St.  1895,  250. 

Sect.  49.     Clerical  error  corrected.     St.  1882,  6  §  4. 

Sect.  50.  Escapes  of  prisoners  employed  outside  are  punishable.  St. 
1882,  198.     (See  1885,  94.) 

Sect.  53  et  seq.  Invoice  books  of  supplies  must  be  kept.  St.  1890, 
296.     (See  1889,  294.) 

Sects.  54,  55.  The  purchase  of  tools,  materials,  machinery,  etc^,  and 
sale  of  manufactured  goods  provided  for  and  regulated.  St.  1887,  447 ; 
1888,  403  §  3;  1891,  228.     (See  1891,  371 ;  1898,  365.) 

Funds  not  required  for  immediate  use  must  be  deposited.  St.  1890, 
215. 

Payment  of  funds  regulated.     St.  1893,  270. 

Sect.  65.     See  St.  1890,  296. 

Sects.  66,  68.  Further  provisions  made  as  to  release  of  prisoners  on 
probation.  St.  1884,  152,  255  §§  33,  34;  1886,  323  §  4;  1888,  317; 
1894,  440;  1895,  252,  504;  1897,  206,  272,  294;  1898,  240,  371.  (See 
1888,  192.) 

Sect.  68  amended.  St.  1886,  101  §  4 ;  1898,433  §  28.  (See  1898, 
443.) 

Sect.  69  applies  to  St.   1891,  356.     (See  1898,  511.) 

Chapter  221.  — Of  the  State  Prison  and.  the  Reformatory  Prison  for 

Women. 

A  general  superintendent  of  prisons  is  provided  for.  St.  1887,  447 
§  6;  1895,  322.  (See  1888,  403;  1891,  228;  1894,  451,  460;  1897,  412, 
434,  480;  1898,  307,  334,  365.) 

The  prison  at  Concord  is  made  a  reformatory  prison  for  men,  and  the 
State  prison  is  re-established  at  Boston.  St.  1884,  255,  331.  (See  1885, 
356,  365;  1886,  323;  1888,  49;  1891,  215,  372  §  2 ;  1893,  441 ;  1898,  307. 
Res.  1890,  55;  1894,  109.) 

Sentences  to  State  prison  regulated.  St.  1895,  504;  1897,  294;  1898, 
371.      (See  1895,  469;  1896,  344;   1898,  240.) 

Permits  to  be  at  liberty  authorized  and  regulated.  St.  1884,  152,  255 
§§  33,  34;  1887,  435  §§  2,  3;  1888,  192,  317;  1894,  440;  1895,  252,  504; 
1897,  206,  272;  1898,  240,  371. 

Sentences  to  the  men's  reformatory  ai-e  regulated.  St.  1885,  365  ;  1886, 
323;  1888,  49;  1891,  427  §  5 ;  1892,  302,  303;  1893,  447.  (See  1884, 
255  §§  8-11,  33-35;   1885,  35,  320,  356;   1891,  200;   1898,  496  §  30.) 

Sentences  of  prisoners  in  the  reformatory,  convicted  of  offences  puu- 
ishalile  by  imprisonment  in  the  State  prison  or  house  of  correction,  are 
regulated.     St.  1891,  200.     (See  1892,  302.) 


990  Changes  ix  the  [Chap.  221. 

The  description  and  measurement  of  convicts  by  the  "  Bertillon  "  system 
are  provided  for.     St.  1890,  316. 

Removals  and  transfers  of  prisoners  regulated.  St.  1882,  207,  241 ; 
1884,  25r)  §§  12-18;  1885,  35,  320;  1887,  2')2,  375;  1888,  1<I2 ;  1890, 
180,  278;   1891,  200;   1894,  214,  249;   1895,  273.      (See  1894,  273.) 

Labor  in  prisons  and  employment  of  prisoners  regulated.  St.  1883, 
217;  1885,  94;  1887,  447;  1888,  22,  189,  403;  1891,  209,  228,  371; 
1894,  451,  460;  1897,  412,  434,  480;  1898,  259,  307,  334,  365,  393. 
(See  1895,  146,  259.) 

The  purchase  of  machinery,  tools  and  materials  and  sale  of  manufactured 
goods  are  regulated.  St.  1887,  447  §§  3,  4;  1888,  403  §  3;  1891,  228; 
1897,  412;   1898,  259,  334. 

Convicts  may  be  punished  for  wilful  or  wanton  destruction  of  in-operty. 
St.  1891,  295;  1896,  344. 

The  illicit  conveyance  of  articles  to  or  from  the  men's  reformatory  is 
made  punishable.  St.  1887,  339.  And  trespass  on  prison  lands  and  dis- 
turbance of  prisons  and  illicit  communication  with  prisoners.  St.  1885, 
303. 

Provision  for  removal  of  persons  and  property  unlawfully  on  prison 
premises.     St.  1895,  141. 

Sects.  6,  7  repealed.     St.  1882,  203  §  4. 

Sect.  6  et  seq.  List  of  officers  revised,  and  compensation  fixed.  St. 
1889,412;  1893,456;  1894,370,477.  (See  1882,  203 ;  1884,95;  1887, 
355;   1888,264;   1893,455;   1894,349,477.) 

And  of  the  officers  of  the  reformatory  prison  for  men.     St.  1890,  255 ; 

1893,  333.      (See  1884,  255  §§  19-21;   1888,  335;   1889,  408;   1890,  267; 

1894,  349.) 

The  removal  of  subordinate  officers  is  regulated.  St.  1887,  355  ;  1890, 
267.  (See  1888,  264;  1889,  412.)  Subordinates  must  give  bond  and  be 
sworn.  St.  1893,  426.  May  be  transferred  to  service  as  watchmen.  St. 
1894,  349. 

Sect.  8  amended.     St.  1887,  355. 

Sect.  23  to  govern  inspector  of  industries  when  serving  as  warden.     St. 

1894,  477. 

Sect.  25  et  seq.  Provision  made  for  grading  and  classifying  prisoners 
in  the  State  prison.     St.  1892,  267.      (See  1891,  372.) 

Sect.  27  amended.     Words  "or  printing"  stricken  out.     St.  1888,  189. 
Sect.  30.     Schools  for  the  prisoners  provided  for.     St.  1886,  197.     (See 

1895,  259;   1898,  365,  393.) 

Sect.  43  et  seq.  List  of  officers  revised.  St.  1883,  267  ;  1884,  43  ;  1887, 
341 ;  1888,  327  ;  1897,  329.  Female  convicts  of  the  United  States  courts 
are  to  be  sent  to  the  reformatory  for  women.  St.  1887,  426  ;  1896,  304. 
(See  1894,  260;  1895,  218,  273;  1896,  344.)  Additional  land  taken  for 
reformatory.     St.  1885,  287;   1889,  463;   1894,  407.      (See  1895,  141.) 

Prisoners  may  be  employed  on  land  or  in  building  appurtenant  to  re- 
formatory.    St.  1885,  94.      (See  1884,  255  §  32;  1898,  307.) 

Transfers  and  removals  of  female  prisoners  regulated.  St.  1888,  192; 
1896,317.      (See  1894,  273;   1895,  273.) 

Escapes  and  attempts  to  escape  are  made  punishable.  St.  1885,  94. 
(See  1882,  198 ;   1884,  255  §  32 ;  1898,  307.) 


Chap.  222.]  PUBLIC    STATUTES.  991 

A  burial  place  is  provided  for.     St.  1882,  213. 

A  sewerage  system  is  provided  for.     St.  1887,  403;   1892,  211. 

Sect.  44.^    See  St.  1883,  2G7 ;   1884,  43. 

Sect.  .52.  Further  provisions  made  as  to  permits.  St.  1884,  152,  255; 
1887,  43');  1888,  11)2,  317;  1894,  440;  1895,  252,  504;  1897,  206,  272; 
1898,  240,  371. 

Sects.  54,  55.  INIetliod  of  approval  of  bills  and  contracts  changed. 
St.  1888,  403  §  7  ;  1889, 294.  (See  1883,  267  ;  1884, 255  §§  28, 30  ;  1887, 
447;   1888,  22,  337;   1898,  259.) 

Chapter  222.  —  Special  Provisions  concerning  Penal  and  Other  Public 

Institutions. 

blasters  of  jails  having  public  fuuds  must  deposit  all  not  required  for 
immediate  use.     St.  1890,  215. 

Payment  of  funds  regulated.     St.  1893,  270. 

No  prisoner  in  any  State  institution  shall  be  employed  outside  in  me- 
chanical or  skilled  labor  for  private  parties.     St.  1891,  209. 

Prisoners  or  inmates  of  institutions  suffering  from  syphilis  shall  have 
medical  treatment  and  may  be  isolated.     St.  1891,  420.      (See  1895,  400.) 

Surgical  treatment  and  medical  treatment  provided  for  in  certain  cases. 
St.  1882,  207;  1895.  195.  And  exercise  for  unemployed  prisoners.  St. 
1895,  146.  And  teaching  certain  illiterate  prisoners  to  read  and  write. 
St.  1895,  259. 

Convicts  may  be  punished  for  wilful  destruction  of  property.  St.  1891, 
295 ;   1896,  344. 

Act  relative  to  expenses  of  and  receipts  from  prison  industries.  St. 
1898,  259,  277,  334.     (See  1898,  307,  365,  393.) 

Sect.  3.     See  St.  1895,  195. 

Sect.  10.  Further  provisions  coucei'uing  removal  of  insane  prisoners 
in  the  reformatorv  for  men.     St.  1885,  320;    1895,  390. 

Sects.   10,  11,  25.     See  St.  1886,  101  §  4  ;   1898,  433  §  28,  443. 

Sects.  10,  12,  14.  See  St.  1886,  219;  1887,  367;  1895,  390;  1896, 
482. 

Sect.  17.  A  trial  justice  may  act,  if  there  is  no  police  or  district  court 
in  the  county.     St.  1882,  201. 

Sect.  20  does  not  apply  to  persons  sentenced  to  the  reformatory.  St. 
1886,  323  §  7.  Provision  for  special  deductions  at  State  farm.  St.  1894, 
25.S.      (See  1887,  264.) 

Sects.  20,  21.  Form  of  sentences  to  State  prison  modified.  St.  1895, 
504;  1897,  294;  1898,  240,  371.  Releases  on  probation  are  further  regu- 
lated. St.  1884,  152,  255  55 §  33,  34  ;  1887,  435  §  2 ;  1888,  192,  317  ;  1894, 
440;   1895,  252,  504;   1897,  206,  272;   1898,  240,  371,  496  §  29. 

Sect.  25.     See  St.  1891,  420  §  2. 


§  1 


Glossary. 
The  relations  of  avoirdupois  and  troy  pounds  are  fixed.     St.   1894,  198 


992  Changes  in" 


n. 

CHA:NrGES  m  the  general  statutes 

PASSED   SINCE   THE   ENACTMENT   OF   THE 
"PUBLIC   STATUTES." 


[The  changes  are  more  fully  stated  in  Table  I.,  under  the  appropriate  chapter  of  the 

Public  Statutes.] 


Statutes  of  1883. 

Chap. 

28  Repealed,  1890,  423.  (See  1885,  108.)  P.  S.  7. 

29  Repealed,  1886,  66.  P.  S.  5. 

36  Amended,  1888,  114.  (See  1894,  389,  422.)  P.  S.  52. 

41  §  2  superseded,  1887,  163  §  2.  P.  S.  154. 

43  Affected,  18.S5,  132;  1896,  396  §  63.  P.  S.  154. 

49  Amended,  1894,  130.  (See  1896,  162.)  P.  S.  2,  77,  160. 

50  Repealed,  1894,  317.  P.  S.  116. 
63  Superseded,  1886,  307.  P.  S.  154. 
65  Repealed,  1885,  247.  P.  S.  91. 

74  Repealed,  1884,  299  §  44.  P.  S.  7. 

76  Superseded,  1888,  363.  (See  1887,  228.)  P.  S.  11. 

77  Repealed,  1894,  317.  (See  1883,  258  §  2 ;  1884,  72;  1886,  300; 

1887,  214  §  95.)   P.  S.  116. 
87  Superseded,  1886,  167.  P.  S.  154. 

94  Superseded,  1882,  225.  P.  S.  112. 

95  See  1893,  396  §§  25-29.  P.  S.  154. 

97  Superseded,  1887,  411  §  23.  P.  S.  14. 

98  See  1884,  212;  1885,256;  1887,314;  1889,109;  1890,293;  1891, 

122;  1893,  183.  P.  S.  91. 

102  Amended,  1884,  245.     P.  S.  91. 

103  Affected,  1883,  109  §  1  ;   1895,  106  §  2.     P.  S.  19. 

106     Amended,    1883,  74.     Affected,   1884,  330  §  3 ;    1886,  230;    1891, 

341 ;    1894,  381,  541 ;   1895.  157,  311.     P.  S.  13,  105. 
108     §  1  amended,  1888,  313.     P.  S.  53. 
HI      Repealed,  1886,  38.     P.  S.  16. 
112     Affected,  1894,  67.     P.  S.  16. 
125     Repealed,  1891,  356.     P.  S.  112. 


THE  Statutes.  993 

Statutes   of  1882  —  Continued. 

Chap. 

127  §  2  amonded,  1.S86,  101  §  4;  1898,  433  §  28.  P.  S.  89. 

129  Superseded,  1893,  4G9.   (See  1886,  184;  1889,  251.)  P.  S.  158. 

131  See  1892,  43.  P.  S.  1. 

135  Shall  not  apply  to  provisions  of  1890,  428.     (See  1885,  194.)     P.  S. 

112. 

139  p:xtended,  1883,  252;   1889,  197;   1896,  476.     P.  S.  18,  159. 

144  Superseded,  1893,  469.     (See  1891,  91.)     P.  S.  158. 

146  Affected,  1886,  15.     P.  S.  154. 

148  Repealed,  1894,  317.     (See  1886,  252;   1889,  77,  321;   1892,  248.) 

P.  S.  116. 

149  See  1895,  356;   1896,  78.     P.  S.  112. 

150  Repealed,  1894,  508.     P.  S.  74. 

154  §  1  amended,  1890,  240.  §  7  extended,  1895,  450  §  4.  Affected, 
1884,  226  ;  1893,  300,  407,  416  §  11 ;  1896,  199,  313.  (See  1887, 
411  §§  90,  108;  1893,  75,  225,  367  §§  90,  108;  1897,  379,  428.) 
P.  S.  27,  28. 

157  Affected,  1888,  289.     P.  S.  17. 

158  Superseded,  1889,  440  §  10.     P.  S.  4. 

163     Affected,  1886,  296  §  3.     1897,  254  §§  3,  9.     P.  S.  35,  203. 

165  Amended,  1887,  125.     P.  S.  11. 

166  §  1  amended,  1884,  317.     (See  1883,  121 ;  1893,  201 ;  1895,  88 ;  1897, 

110.)     P.  S.  91. 
176     In  part  repealed,  1884,  197;   1887,  117;   1894,  470.     P.  S.  154. 

178  Superseded,  1887,  411  §  127.     P.  S.  14. 

179  Superseded,  1887,  411  §  124.     Res.  1890,  67.     P.  S.  14. 

181  §§  1,  2,  3  amended,  1886,  101  §  4 ;   1898,  433  §  23.     §  3  amended, 

1886,  330;  1888,  248;  1898,  496  §  35,  580.  Affected,  1883, 
232;  1892,  318;  1893,  217,  252;  1896,  382;  1898,433.  (See 
1889,  309,  416.)     P.  S.  48,  86. 

182  Superseded,  1896,  380.     P.  S.  28. 

195  §  1  repealed,  1888,  449  §  21.      (See  1894,  367,  522.)     P.  S.  119. 

196  Repealed,  1888,  24;   1897,  114.     P.  S.  5. 

198  Affected,  1884,  255  §  32;   1898,  307.     P.  S.  221. 

199  Affected,  1883,  169;    1898,  181.     (See  1886,  276  §  11.)     P.  S.  92. 

200  Repealed,  1894,  317.     (See  1886,  77.)     P.  S.  116. 

203     Repealed,   1888,  264  §  3;  1889,  412.     (See  1884,  95;   1887,  355.) 

P.  S.  221. 
205     Repealed,  1888,  274  §  3.     P.  S.  152. 
208     Repealed,  1894,  481.      (See  1883,  173;   1890,  90;   1892,  419  §  138.) 

P.  S.  104. 

212  Affected,  1883,   105;   1885,  327;   1887,  31,  212;   1888,  333;   1889, 

111;  1894,  143,  144;  1895,  57,  421;  1896,  254,  297;  1897,  117. 
§  2  amended,  1888,  333.  §  6  affected,  1885,  327.  (See  1888, 
296.)     P.  S.  20. 

213  See  1x85,  287.  P.  S.  221. 

215  See  1890,  440  §  7;  1898,  204.  P.  S.  199. 

217  §  1  amended,  1888,  323.  (See  1889,465;  1890,  160  §§  2,  3.) 
P.  S.  11. 


994  Changes  ii!^ 

Statutes   of  1883  —  Continued. 
Chap. 

218  Affected,  1890,  127.     P.  S.  11. 

219  Affected,  1884,  122.     P.  S.  45. 

220  Limited,  1894,  129.     P.  S.  100. 

223  Amended,  1893,  194,  280.     P.  S.  146. 

224  Repealed,  1890,  168.      (See  1883,  202;  1886,  95.)     P.  S.  116. 

225  Extended,  1894,  469.     P.  S.  112. 

226  §  2  affected,  1892,  290.     P.  S.  219. 

227  §  8  amended,  1883,  75;    1889,  122.     P.  S.  154. 

231  Repealed,  1887,  423.      (See  1885,  124.)     P.  S.  116. 

232  §  1  amended,  1886,  37  §  2 ;   1890,   294.     Affected,  1897,  342.     (See 

1888,  357,  371;   1891,  181.)     P.  S.  159. 

233  Amended,  1886,  165  ;   1898,    214.     §  2  affected,    1889,  312.     §  6  in 

part  superseded,  1889,  19  ;    1892,  93  ;    1893,  479  ;  1898,  358.    P.  S. 

154. 
237     Extended,    1885,    283.     Amended,    1890,  427  §  1.     Affected,   1893, 

340.      (See  1889,  442;    1897,  522;    1898,  562  §  85.)     P.  S.  176. 
239     Superseded,  1894,  412,     P.  S.  153. 

241  See  1884,    255   §§    12-18;    1885,   35;    1887,   292,   375;    1888,    192; 

1895,  273;    1896,  317,  521,  536;    1898,  393.     P.  S.  219. 

242  Affected,  1885,  90.     P.  S.  100. 

243  Repealed,  1888,  390  §  95.     P.  S.  12. 

244  Affected,  1886,  125;    1887,  270  §   6.     Extended,  1890,   181.     P.  S. 

112,  115. 

245  §  1  superseded  in  part,  1884,  204;  1886,  15,  37,  123,  130,  166  ;  1887, 

180;  1888,  195  ;  1889,  97,  158,  174,  218,  277,  289;  1891,  71,  78, 
107,  108,  161,  162,  190;  1892,  100;  1893,  479;  1897,  390;  1898, 
388.     §  2  superseded,  1887,  160;   1892,  233.     P.  S.  154,  159. 

246  Affected,  1885,  345  §  6.     P.  S.  40. 

247  Repealed,  1884,  298  §  53.     P.  S.  6. 

249  Superseded,   1895,  234  §  5.     P.  S.  187. 

250  Repealed,  1885,  122.     P.  S.  102. 

251  Affected,     1883,    98;     1896,   277,    285,   286,   327,   361;  1898,  247. 

Amended,  1885,  121.  In  part  repealed,  1887,  216.  (See  1895, 
172.)     P.  S.  117. 

252  Repealed,  1892,  419  §  138.     P.  S.  11,  104. 

253  Superseded,   1891,  396;    1896,  519.     P.  S.  9. 
255     See  1896,   190.     P.  S.  49. 

257  §  1  superseded,   1894,   394.     §§   2,  3  superseded,   1895,  193.     (See 

1884,  334;    1887,  116.)  §  4  affected,  1895,  11.     P.  S.  2. 

258  See  1894,  180.      P.  S.  102. 

259  See  1894,  388;    1896,  169.  P.  S.  100. 

260  Repealed,   1890,  423  §  228.  (See  1889,  413.)     P.  S.  7. 

263  Amended,  1883,  263  §  1  ;  1884,  289;   1886,  171;  1897,  344;   1898, 

433  §   28.     Affected,  1885,  352  §  5;  1886,  317,  318;   1891,   319; 

1896,  397.     §  5  amended,  1886,  101  §  5.     P.  S.  208. 

264  §  1  affected,  1888,  257;   1889,  433.     P.  S.  168. 

265  S  3  affected,  1884,  279.     P.  S.  112. 


THE  Statutes.  995 


Statutes   of  1882  —  Concluded. 

Chap. 

266  Repealed,  1894,  481.  (See  1887,  218,  276 ;  1888,  426.)  P.  S.  104. 

268  Repealed,  1884,  298  §  53.  P.  S.  6. 

270  §  3  amended,  1886,  101  §  4;  1898,  433  §  28.  lu  part  repealed, 

1892,  318  §  16.  §  4  amended,  1884,  210;  1885,  176;  1893,  262. 

(See  1889,  309,  416;  1891,  194.)  P.  S.  48. 
272  Affected,  1884,  76.  P.  S.  102. 
274  §  ■>  repealed,  1883,  183  §  3.  P.  S.  94. 

Statutes  of  1883. 

14  Affected,  1887,  178;   1892,  353;  1893,  51.     P.  S.  103. 

31  Affected,  1895,  88.     P.  S.  91. 

33  Repealed,  1887,  214  §  112.     (See  1884,  120.)     P.  S.  119. 

36  Repealed,  1886,  276  §  11.     P.  S.  92. 

41  §  1  affected,  1887,  86  §  2.     P.  S.  11. 

42  Repealed,  1890,  423  §  228.      (See  1884,  299   §§   29-32;   1886,   262; 

1888,  164.)     P.  S.  7. 

47  See  1885,  42  §  2,  137  §  2  ;  1888,  419  §  13;  1889,  170;  1893,  371; 

1895,  125;  1897,  183.  P.  S.  154. 

48  Superseded,  1887,  26.     P.  S.  15. 

52  Repealed,  1894,  317.  (See  1883,  248;  1886,  77.)  P.  S.  116. 

53  Superseded,  1888,  235.  P.  S.  154. 

54  Superseded,  1886,  37;  1890,  294.  P.  S.  159. 

55  Superseded,  1891,  292;  1894,  393.  (See  1885,  369  §  3;  1888,  85; 

1889,  440.)  P.  S.  4. 

57     Superseded,  1885,  155  §  5.     P.  S.  155. 

61  Affected,  1888,  180.     P.  S.  26. 

62  Affected,  1886,  281 ;   1888,  346.     P.  S.  183. 

65  See  1890,  440  §  9  ;   1896,  225  ;   1898,  282.     P.  S.  103. 

71  Superseded,  1892,  96.     (See  1886,  73;   1889,  103.)     P.  S.  11. 

76  Affected,  1884,  199;    1886,  163;   1889,  292;   1890,  336.     P.  S.  91. 

78  Affected,  1885,  339  §  3;   1886,  319  §  2.     P.  S.  87. 

80  §  2  superseded,  1886,  106  §  2.     P.  S.  154. 

91  Affected,  1887,  86  ;   1890,  242.      (See  1891,  65.)     P.  S.  11. 

93  Superseded,  1890,  242.      (See  1887,  86.)     P.  S.  11. 

97  §  3  superseded,  1894,336.      (See  1885,  180;   1888,  233;   1891,  107.) 

P.  S.  154. 

98  Affected,   1885,  121  ;   1887,  216.     P.  S.  117. 
101     Repealed,  1888,  390  §  95.     P.  S.  12. 

105  Affected,    1887,   31;    1888,   333;    1894,   143,   144;   1895,  57;   1896, 

297;    1897,  117.     P.   S.  20. 

107  Repealed,  1887,  214  §  112.     P.  S.  119. 

10',)  Affected,  1895,  106.     P.  S.  19. 

110  Amended,  1886,  101  §  4;    1898,  433  §  28.     P.  S.  89. 

113  Affected,  1883,  154.     P.  S.  1. 

117  Amended,  1888,  240.     Extended,  1891,  129.     P.  S.  112. 

118  Affected,  1889,  457.     P.  8.  68, 


996  Changes  in 

Statutes  of  1883  —  Continued. 
Chap. 

120  Superseded,  1887,  448  §  2.  P.  S.  99. 

121  See  1884,  317;  1893,  201;  1895,  88;  1897,  110.  P.  S.  91. 

124  Repealed,  1897,  437.  (See  1887,  335 ;  1888,  302  §  2.)  P.  S.  32. 

126  Repealed,  1887,  214  §  112.  P.  S.  119. 

133  Superseded,  1889,  193.  P.  S.  80. 

134  Repealed,  1894,  317.  P.  S.  116. 

138  Ameuded,  1886,  101  §  4;  1893,  302;  1898,  433  §  28.  (See  1884, 

98.)  P.  S.  80. 
142  Affected,  1889,  299.  (See  1890,  264  §  3.)  P.  S.  82. 
145  Affected,  1884,  237 ;  1886,  210.  P.  S.  50. 
148  §§  2,  3  amended,  1889,  90.  (See  1898,  433.)  P.  S.  87. 

156  Extended,  1893,  417  §§  319,  327.  (See  1887,  147;  1888,  436  §  28; 

1889,  413  §  28;  1892,  351  §  44.)  P.  S.  203. 

157  Limited,  1884,  275  §  4.   Affected,  1887,  280;  1892,  357.  (See 

1888,  348;  1892,  83,  352.)  P.  S.  48,  74. 

158  Repealed,  1897,  444  §  31.  (See  1889,  288.)  P.  S.  32. 
164  Repealed,  1886,  38.  P.  S.  16. 

168  Affected,  1892,  331.  (See  1890,  448.)  P.  S.  68. 

169  Repealed,  1898,  181.  P.  S.  92. 

173  Repealed,  1892,  419  §  138;  1894,  481.   (See  1890,  90.)  P.  S.  104. 

174  Superseded,  1898,  496  §  4.   (See  1886,  236;  1887,  433  §  4 ;  1893, 

208;  1894,  498.)  P.  S.  44. 

175  Affected,  1890,  202.  P.  S.  155. 

183  See  1885,  344;  1891,  266.  P.  S.  19. 

187  Affected,  1884,  169;  1897,  292.   (See  1893,  419  ;  1894,  181.)  P.  S. 

102. 
195  Extended,  1898,  374.  P.  S.  169. 

202  Repealed,  1890,  168.  P.  S.  116. 

203  Repealed,  1893,  417.   (See  1886,  150.)  P.  S.  27. 

216  Amended,  1886,  51  ;  1887,  289.   (See  1888,  282.)  P.  S.  159. 

217  Affected,  1887,  447  §  8 :  1888,  189,  403  §  2 ;  1891,  371 ;  1897,  412, 

434,  480;  1898,  259,  277,  334,  365,  393.  (See  1894,  451. ^  P.  S. 
219  220  221. 

218  Superseded,  1894,  429.   (See  1884,  70.)  P.  S.  60. 

221  Extended,  1889,  398,  4.34;  1895,  350,  420.  (See  1887,  382,  385.) 
P.  S.  27,  109. 

223  Affected,  1885,  384;  1891,  383.  §  5  amended,  1884,  316;  1892, 

440.  §  7  amended,  1893,  61.  §  16  extended,  1895,  116.  §  17 
affected,  1887,  383.  P.  S.  151,  152,  167. 

224  Repealed,  1888,  348  §  12.   (See  1884,  275;  1885,  222;  1887,  215, 

280.)  P.  S.  48. 

225  See  1888,  414;  1890,  465;  1894,  198.  P.  S.  65. 

229  Repealed,  1890,  423  §  228.   (See  1885,  261  ;  1886,  262  ;  1890,  419.) 

P.  S.  7. 

230  Repealed,  1887,  94.  P.  S.  58. 

232  Affected,  1893,  217,  252;  1894,  481.  §  3  ameuded,  1.S86,  101  §  4; 
1898,  433  §  28.  CSee  1886,  330  §  2  ;  1888,  248  ;  1896,  382.)  P.  S. 
84,  90. 


THE  Statutes.  997 

Statutes  of  1883  —  Concluded. 

Chap. 

230     Repealed,  1887,  2U  §  112.     P.  S.  119. 

239     lu  part  repealed,  1886,  298.     §  6  amended,  1886,  101  §  4;   1898,  433 
§  28.     P.  8.  87. 

242  Ameiuled,  1897,  303.     P.  S.  157. 

243  Affected,   1887,  270;   1888,155;   1892,260;   1893,359;   1894,499; 

1895,  362  §  7.     (See  1896,  302;   1897,  491.)     P.  S.  74,  112. 

244  Superseded,  1893,  469.     (See  1888,  112.)     P.  S.  158. 

245  Repealed,  1894,  498.     P.  S.  47. 
248     Repealed,  1894,  317.     P.  S.  116. 

251  Repealed  so  far  as  it  relates  to  Boston,  1892,  419  §  138.     Affected, 

1884,  223;   1888,  86;   1894,  481.     §  2  repealed,  1888,  426  §  14. 
(See  1894,  414.)     P.  S.  104. 

252  Extended,  1889,  197;   1896,  476;   1898,  187,  574.     P.  S.  18. 

257  Affected,  1884,  307;   1885,  150.     P.  S.  60. 

258  In  part  repealed,   1894,   317.     (See  1886,   300;    1887,  214  §   112; 

1894,  522.)     P.  S.  116,  119. 
260     Affected,  1887,  98.     P.  S.  97. 

262  Xot  repealed  by  188o,  302.     P.  S.  82. 

263  Superseded,  1884,  289  §  6.     P.  S.  208. 

267  Affected,  1887,  447;   1888,403;   1889,294;   1897,  329.     P.  S.  221. 

268  See  1893,  355.     P.  S.  209. 

Statutes  of  1884. 

4  Superseded,  1888,  115.     P.  S.  31. 

8  Superseded,  1891,  411.     P.  S.  15. 

14  Affected,  1887,  128;   1895,  284.     P.  S.  5. 

15  §  1  repealed,  1889,  101.  P.  S.  15. 
22  §  1  repealed,  1891,  177.  P.  S.  43. 
34  Repealed,  1889,  301  §  10.     P.  S.  30. 

38  Superseded,  1891,  429.      (See  1887,  221.)     P.  S.  15. 

42  Affected,  1886,  76.     (See  1896,  291.)     P.  S.  27. 

43  §  3  superseded,  1897,  329.     P.  S.  221. 
45  Superseded,  1887,  411  §  128.     P.  S.  14. 

52     Repealed,  1894,  481.     (See  1888,  426.)     P.  S.  104. 

55  Repealed,  1887,  214  §  112.     P.  S.  119. 

56  Repealed,  1884,  168.     P.  S.  116. 

58     Repealed,  1887,  214  §  112.     P.  S.  119. 

64  Superseded,  1885,  198.     P.  S.  47. 

65  Superseded,  1887,  318.     P.  S.  154. 

69  Repealed,  1894,  320.     P.  S.  44. 

70  Superseded,  1894,  429.     P.  S.  60. 
72     Repealed,  1894,  317.     P.  S.  116. 

74  Repealed,  1887,  214  §  112.     P.  S.  119. 

78  Affected,  1887,  404;   1891,  265.     P.  S.  39. 

79  Superseded,  1888,  385.     P.  S.  15. 
88  Repealed,  1886,  298.     P.  S.  87. 


998  Changes  in 

Statutes    of  1884  —  Continued. 
Chap. 
95     §  1  repealed,  1889,  412  §  2.     (See  1888,  264.)     P.  S.  221. 
98     §  1  superseded,  1890,  102.     §  2  added  to,   1891,   188.     (See  1893, 
302.)     P.  S.  80. 
103     Affected,  1885,  161.     P.  S.  44. 
112     §  1  superseded,  1898,  323.     P.  S.  23. 

118  Repealed,  1887,  217.     P.  S.  156. 

119  Repealed,  1887,  214  §  112.     P.  S.  119. 

120  Repealed,  1887,  214  §  112.     P.  S.  119. 
125 '  Repealed,  1888,  437  §  6.     P.  S.  28. 

129  Amended,  1896,  269.     Affected,  1892,  245  §  7  ;   1898,  526.     P.  S.  29. 

131  Affected,  1884,  291.      (See  1894,  303;   1897,  199,  321.)     P.  S.  130. 

134  Affected,  1895,  356.     P.  S.  112. 

140  Repealed,  1898,  146.     (See  1887,  156;   1894,  66.)     P.  S-  156,  159. 

141  See  1895,  215.     P.  S.  156. 

150  Repealed,  1894,  317.  P.  S.  116. 

152  Affected,  1884,  255  §§  33,  34;  1886,  274,  323;  1888,317;  1894, 
440;  1895,  252;  1897,  206,  272;  1898,  240.  P.  S.  220,  221. 

154  §  1  amended,  1896,  252.   (See  1884,  172;  1888,  160,  375;  1890, 

441  ;  1897,  327.)  P.  S.  80. 

155  Superseded,  1890,  309.  P.  S.  48. 
162  Repealed,  1888,  390  §  95.  P.  S.  12. 
166  Repealed,  1885,  369  §  4.  P.  S.  4. 

168  Repealed,  1894,  317.  (See  1886,  69.)  P.  S.  116. 

171  Amended,  1890,  193;  1891,  138.   (See  1888,  276;  1895,  277.) 

P.  S.  91. 

172  See  1886,  274  ;   1890,  441  ;  1897,  327,  510.     P.  S.  80. 
174     Extended,  1886,  328.     P.  S.  203. 

177  Repealed,  1887,  214  §  112.     (See  1894,  522.)     P.  S.  119. 

178  Repealed,  1887,  214  §  112.     (See  1894,  522.)     P.  S.  119. 

179  Affected,   1888,   322;    1892,   68;    1893,124;    1894,245,314;    1895, 

10,  450  §  19,  488  §  18.     §§  3,  4  amended,  1890,  58.    §  4  partially 
repealed,  1891,  54.     (See  1898,  433.)     P.  S.  16,  79. 

180  Revised,  1887,  214  §§  62-64;   1894,  522  §§  62-64.     Extended,  1889, 

378.     P.  S.  106. 

181  Repealed,  1894,  224.  (See  1885,  156;  1886,  174;  1888,  437  §  6.) 

P.  S.  31. 

185  Affected,  1886,  259  §  2.     P.  S.  102. 

186  See  1890,  264  §  4.     P.  S.  82. 

188     Superseded,  1893,  396  §  56.     P.  S.  154. 

190  Repealed,  1885,  186.     P.  S.  103. 

191  Affected,  1884,  286  ;  1887,  406 ;  1888,  297.     (See  1897,  461.)     P.  S. 

100. 

192  Superseded,  1893,  469.     P.  S.  158. 

193  Amended,  1889,  432.     P.  S.  214. 

197     §  1  superseded,  1887,  117;   1894,  470.     P.  S.  154. 
199     Affected,  1886,  163;   1889,  292;   1890,  336.     P.  S.  91. 
203     See  1897,  400;  1898,  420.     P.  S.  105. 


THE  Statutes.  999 

Statutes   of  1884=  —  Continued. 
Chap. 

204     Superseded,  1891,  190.     P.  S.  154. 

210     Superseded,  1885,  176.     P.  S.  207. 

212  Affected,  1885,  2i)6;  1890,  293;  1891,  122.  Amended,  1887,314. 
P.  S.  91. 

215  §  3  amended,  1888,  212.  §  4  amended,  1885,  286.  In  part  super- 
seded, 1893,  479.     P.  S.  154. 

217     Repealed,  1887,  214  §  112.     P.  S.  119. 

222  Affected,  1895,  362.      (See  1886,  242;   1894,  59.)     P.  S.  112. 

223  §  2  amended,  1888,  86.     Repealed  so  far  as  relates  to  Boston,  1892, 

419  §  138.      (See  1888,  426;   1890,  307;   1894,  341,  481.)     P.  S. 
104. 
226     Affected,  1887,  124.     P.  S.  51. 

230  Superseded,  1893,  367.     (See  1887,  411.)     P.  S.  14. 

231  Affected,  1886,  333;   1887,  227.     P.  S.  154. 

232  Affected,   1885,  378  ;   1887,   250,   252 ;   1892,   195,  432  ;   1893,  306 ; 

1894,  491;   1895,  496;   1897,  178.     P.  S.  58,  90. 

234  Affected,  1898,  433,  438.     §  3  amended,  1886,   101   §  4 ;   1898,  433 

§  28.     P.  S.  87. 

235  Repealed,  1887,  214  §  112.     P.  S.  119. 

236  Amended,   1885,  353;   1889,  406.     Affected,   1888,405;   1898,562 

§  89.  Extended,  1897,  247.  §  9  amended,  1890,  387.  §  15  re- 
pealed, 1897,  247  §  6.     (See  1889,  417;  1895,  394.)     P.  S.  157. 

237  Affected,  1886,  210.     (See  1896,  158.)     P.  S.  51. 

242  Repealed,  1888,  390  §  95.     (See  1886,  320.)     P.  S.  12. 

247  Repealed,  1885,  141.     P.  S.  155,  169. 

248  Superseded,  1893,  469.     (See  1898,  234.)     P.  S.  158. 

249  Affected,  1893,  191.     P.  S.  148. 

253     Repealed,  1894,  317.     (See  1889,  91.)     P.  S.  116. 

255     Added  to,   1884,   331 ;  1885,   35.     Affected,   1885,   .356,  365 :   1886, 

323;  1887,435,  447;    1888,  49,   192,   317,   335;  1889,294.408; 

1890,  255,  267,  316;  1891,  200,  228,  371;  1893,  333;  1894,  440; 

1895,  252;  1897,  206,  272;  1898,  240,  393.  §  2  amended,  1886, 
101  §  4;  1898,  433  §  28.  §  11  affected,  1884,  323  §  4.  §  14 
repealed,  1894,  249.  §§  19,  22  repealed,  1888,  335  §  3.  §§  26, 
30  amended,  1888,  403  §  7.  §  30  in  part  repealed,  1888,  337  §  2. 
(See  1889,  294.)  §  32  amended,  1898,  307.  §  35  amended,  1887, 
395;  1888,  317.  P.  S.  221. 

258  Affected,  1884,  297;  1898,  443.  (See  1885,  365;  1886,  323.)  §  2 
amended,  1886,  101  §  4;  1898,  433  §  28.  P.  S.  86,  207. 

264  Amended,  1892,  196.  (See  1885,  193;  1886,  202;  1887,  120.) 
P.  S.  91. 

268  See  1894,  384.  P.  S.  164. 

269  §  2  amended,  1892,  206.  P.  S.  69. 

275  Repealed,  1894,  .508.   (See  1887,  215,  280  §  1,330;  1888,348; 

1890,  183;  1892,  83,  352,  357.)  P.  S.  48,  74. 
277  Extended,  1898,  576.  P.  S.  209. 
280  See  1896,  158.  P.  S.  51. 


1000  Changes  rsr 

Statutes   of  1884  —  Continued. 
Chap. 
282     Repealed,  1887,  111.     P.  S.  92. 

284  Affected,  1885,  220  §  1 ;   1886,  299  ;   1895,  282.     P.  S.  91. 

285  See  1898,  420.     P.  S.  151. 

286  Amended,  1897,  461.     (See  1898,  411.)     P.  S.  155. 

289  §§  1,  2  amended,  1886,  101  §  4;  1898,433  §  28.  §  1  repealed, 
1891,  319.  Affected,  1886,  117;  1896,  397;  1897,  344;  1898, 
366.     P.  S.  58,  80. 

291     See  1897,  199.     P.  S.  30. 

296  Repealed,  1887,  214  §  112.  P.  S.  119. 

297  §  3  amended,  189-1,  299.  §  4  amended,  1886,  101"  §  4;  1898,  433 

§  28.  (See  1887,  292;  1890,  180,  278;  1894,  214;  1898,  443.) 
P.  S.  88. 

298  Repealed,  1890,  423.  (See  1885,  271  §  6  ;  1886,  68  §  2,  264  §§  4,  5  ; 

1887,  432;  1888,  200,  206;  1889,  69,  404,  467;  1890,  305.) 
P.  S.  6. 

299  Repealed,  1890,423.  (See  1885,  142,  268,  351;  1887,443;  1888, 

164,  353,  436,  437;  1889,  413;  1890,  219,  305.)  P.  S.  7. 
301  Superseded,  1885,  255.  P.  S.  124,  147. 
304  Affected,  1889,  459.  §  1  amended,  1890,  154.  (See  1890,  451.) 

P.  S.  167. 

306  Affected,  1887,  382  §  3,  385  §  4.     P.  S.  109. 

307  §  2  amended,  1885,  150.     P.  S.  60. 

308  Affected,  1890,  403.     P.  S.  92. 

310  §  1  superseded,  1886,  317.  P.  S.  56.  §§  3,  4  superseded,  1886, 
318.  (See  1885,  352;  1891,  58,412;  1894,  280;  1895,  214; 
1896,  377;   1897,  349.)     P.  S.  57. 

313  Does  not  apply  to  1894,  326.  §  2  amended,  1892,  411;  1898,  545. 
P.  S.  192. 

316  Amended,  1892,  440.    Affected,  1885,  384  §  1.     (See  1887,  383  §  4.) 

P.  S.  152. 

317  See  1893,  201  ;  1895,  88;  1897,  110.  P.  S.  91. 

318  §  3  not  affected  by  1886,  234.  P.  S.  91. 

319  Repealed,  1894,  359.  (See  1886,  352;  1892,  59.)  P.  S.  2. 

320  Affected,  1887,  345,364;  1889,177;  1891,140;  1893,253;  1895, 

376;  1896,  494,  517;  1897,  328;  1898,  454.  Extended,  1889, 
352;  1894,  267.  Limited,  1896,  246,  449.  Added  to,  1891,  140. 
§  4  amended,  1888,  334.  §  14,  cl.  6,  amended,  181)6,  517  §  8. 
(See  1895,  501.)  §  14  affected,  1896,  517;  1898,  447,  454. 
§  15  amended,  1893,  95;  1896,  502.  §  17  amended,  1889,  183. 
§  19  amended,  1888,  253.  §  20  amended,  1889,  177,  351.  (See 
1887,  437;  1888,  41;  1889,  473;  1894,  519.)  Not  affected  by 
1885,  323.  P.  S.  21,  74. 

321  Affected,  1898,  318.  P.  S.  26. 

322  §§  7,  9  amended,  1886,  101  §  4;  1898,  433  §  28.  P.  S.  87. 

323  Affected,  1885,  86,  151  ;  1895,  428.  P.  S.  89. 

328  Repealed,  1892,  101.  P.  S.  15. 

329  Affected,  1888,  1.  P.  S.  2. 


THE  Statutes.  1001 

Statutes   of  1884  —  Concluded. 

Chap. 

330    Affected,  1886,  230;  1888,  321;  1890,  321;  1891,  341;  1894,  381, 

541;    1895,  387;    1897,  124.     Extended,   1895,  311;   189G,  391. 

§§   1,    2    extended,  1889,  393.     §  3  amended,   1895,  157.      (See 

1894,  384.)     P.  S.  105. 

333  Superseded,  1887,  128.     P.  S.  5. 

334  Superseded,  1894,  394.     P.  S.  2. 

Statutes  of  1885. 

5  Repealed,  1890,  423  §  228.     (See  1885,  351.)     P.  S.  7. 

15  Repealed,  1886,  38.     P.  S.  16. 

24  §   1  revised,   1890,  302.     (See  1885,  371 ;     1896,  381 ;   1897,  503.) 

P.  S.  2. 

32  Affected,  1890,  257.     P.  S.  21. 

35  §  2.     See  1890,  180,  278;   1894,  214,  249;  1898,  393.     P.  S.  219. 

40  Affected,  1892,  268.     P.  S.  '2&. 

42  Affected,   1888,419;   1889,  143,170;   1892,268;   1893,271;   1897, 

183.     P.  S.  154. 

45  Superseded,  1893,  396  §  17.     P.  S.  154,  161. 

62  Repealed,  1888,  328.     P.  S.  219. 

59  Affected,  1888,  405.     Amended,  1892,  209.     P.  S.  157. 

60  Extended,  1891,  218.     P.  S.  27,  28. 
67  Affected,  1885,  161.     P.  S.  44. 

71  Repealed,  1894,  498.     P.  S.  47. 

73  Extended,  1895,  194.     P.  S.  207. 

77  Superseded,  1891,  411.     P.  S.  15. 

79  Affected,  1886,  124.     P.  S.  154. 

83  Affected,  1885,  323  §  1.     P.  S.  100,  102. 

85  See  1888,  240;  1891,  129.     P.  S.  112. 

87  Superseded,  1891,  410.     P.  S.  15. 

92  Repealed,  1894,  317.     P.  S.  116. 

98  Affected,  1885,  122;   1894,  399.     P.  S.  59,  102. 

106  Superseded,    1890,    242;    1891,    65.      (See    1886,   56;    1887,   86.) 

P.  S.  11. 

107  Repealed,  1890,  423  §  228.  (See  1886,  262.)  P.  S.  8. 

108  Repealed,  1890,  423  §  228.  P.  S.  7. 
100  See  1889,  354.  P.  S.  91. 

Ill  Repealed,  1894,  317,  (See  1886,  69;  1887,  196:  1888,  213;  1890, 
168.)  P.  S.  116. 

121  Affected,  1895,  172.  §  1  suspended,  1898,  247  §  3.  (See  1887, 

216;  1896,  277,  285,  286,  327,  361.)  P.  S.  117. 

122  Affected,  1894,  399.     P.  S.  102. 

123  Affected,   1890,   196;   1891,  49;   1892,   147;   1896,   190;   1897,254, 

428.     (See  1893,  78,  403.)     P.  S.  54. 

124  Repealed,  1894,  317.     (See  1888,  90  §  2  ;   1890,  369.)     P.  S.  116. 
131     Affected,  1887,  256;    1888,   389,   426  §   13;    1891,   302,  357  §  6; 

1898,  261.     P.  S.  103. 


1002  Chan-ges  en- 

Statutes   of  1885  —  Continued. 

Chap. 

132  See  1893,  396  §  63.     P.  S.  154. 

134  In  part  repealed,  1886,  218.     P.  S.  152. 

137  Superseded,  1893,  479.     P.  S.  154. 

141  Affected,  1889,  197.     P.  S.  169. 

142  Repealed,  1890,  423  §  228.     (See  1888,  436.)     P.  S.  7. 
144  Repealed,  1886,  53.     P.  S.  213. 

147  Superseded,  1893,  367  §  96.     (See  1887,  411.)     P.  S.  14. 

148  Repealed,  1887,  252  §  24.     P.  S.  90. 

149  Extended,  1897,  349.     P.  S.  57,  154. 

155  Affected,  1887,  322.     §  3  in  part  superseded,  1895,  500.     P.  S.  154. 

156  Repealed,  1888,  437  §  6.     P.  S.  28. 

157  See  1893,  225,  300  §  6,  331 ;   1897,  254  §  3.     P.  S.  27. 

158  Repealed,  1895,  310.     (See  1892,  318.)     P.  S.  80. 

159  Superseded,  1893,  417.     P.  S.  7. 

165  Superseded,  1893,  469.     (See  1889,  211.)     P.  S.  158. 

168  Superseded,  1889,  250.     P.  S.  17. 

173  Repealed,  1889,  301  §  10.     (See  1886,  39.)     P.  S.  30. 

176  Amended,  1893,  262.     P.  S.  207. 

178  Superseded,  1887,  281.     P.  S.  29. 

180  Superseded,  1894,  336.     (See  1888,  233;   1891,  107.)     P.  S.  154. 

183  Superseded,  1890,  421.      (See  1888,  429.)     P.  S.  119. 

191  Repealed,  1896,  412.     P.  S.  152. 

193  Repealed,  1887,  120.     (See  1886,  202.)     P.  S.  91. 

194  §  4  amended,  1887,  295.     Shall  not  apply  to  provisions  of  1890,  428. 

(See  1891,  33,  123,  262;   1892,  312;   1893,   283,  424;   1894,  545; 
1897,  264;   1898,  404.)     P.  S.  112. 

195  §  1  superseded,  1889,  70.     §  2  superseded,   1891,  375.     (See  1887, 

30.)     P.  S.  16. 
198     Repealed,  1894,  498.     P.  S.  47. 

203  Repealed,  1893,  469.     P.  S.  158. 

204  Repealed,  1889,  301  §  10.      (See  1886,  39,  110;   1887,  122.)     P.  S. 

30. 

205  Amount  increased,   1888,  280;   1892,  230;    1893,  431;   1895,  364; 

1897,  317.      (See  1889,  418.)     P.  S.  158. 

210  §  1.  See  1898,  533.  §  2  repealed,  1894,  317.  P.  S.  77,  116. 

211  Amended,  1891,  153;  1898,  391.  (See  1887,  440.)  P.  S.  86. 
214  Repealed,  1889,  279  §  11.  P.  S.  30. 

216  Affected,  1888,  254,  262;  1889,  186,  347;  1893,  417  §  9.  Limited, 
1889,  186.  Extended,  1889,  361  ;  1896,  162  §  2,  308.  P.  S. 
100. 

220  §  3  repealed,  1888,  223  §  5 ;  1892,  188  §  6.  §  4  repealed,  1887,  96. 
(See  1888,  238;  1896,  268;  1897,  289.)  P.  S.  91. 

222  Repealed,  1888,  348  §  12;  1894,  508.  P.  S.  48. 

227  Repealed,  1894,  176.  P.  S.  41. 

229  Repealed,  1890,  423  §  228.  P.  S.  7. 

236  Superseded,  1887,  411.  P.  S.  14. 

238  Amended,  1886,  270.  P.  S.  13. 


THE  Statutes.  1003 

Statutes   of  ISS 5  — Continued. 
Chap. 

240  See  1885,  314;  1886,  250,  346;  1887,  382,  385;  1888,  350,  428; 

1889,  169;   1890,  252;     1891,189.     P.  S.  106. 

241  Repealed,  1887,  214  §  112.  P.  S.  119. 

242  Repealed,  1889,  192.  P.  S.  130. 

246  Repealed,  1890,  423  §  228.  (See  1888,  70.)  P.  S.  7. 

248  Repealed,  1890,  423  §  228.  (See  1888,  436  §§  10,  26,  29;  1889, 

413  ^   P  S.  7. 

252  Repealed,  1890,  416  §  7.  (See  1888,  388.)  P.  S.  102. 

255  Amended,  1887,  290.  (See  1898,  562  §  19.)  P.  S.  147. 

260  Amended,  1890,  265.  P.  S.  130. 

261  Repealed,  1890,  423  §  228.  (See  1886,  262;  1890,  419.)  P.  S.  27. 

262  Repealed,  1890,  423  §  228.  P.  S.  7. 

265  Extended,  1898,  437.  §  2  amended,  1886,  101  §  4;  1898,  433  §  28. 

P.  S.  82. 

266  Extended,  1889,  245;  1895,  449.  (See  1896,  521.)  P.  S.  220. 
268  Repealed,  1890,  423  §  228.  P.  S.  7. 

271  Repealed,  1890,  423  §  228.  (See  1886,  68,  264;  1889,  196.)  P. 
S.  6. 

274  See  1898,  458.  P.  S.  130,  131. 

275  Superseded,  1893,  469.  P.  S.  158. 

277  Superseded,  1889,  303;  1891,  80;  1892,  354,  399.  P.  S.  22. 

278  See  1890,  264.  P.  S.  82. 

283     Amended,   1890,427  §   1.     (See  1889,442;   1893,340;   1897,522; 
1898,  562  §  85.)     P.  S.  176. 

286  See  1898,  256.     P.  S.  154. 

287  Affected,  1889,  463.     P.  S.  221. 

288  Affected,  1898,  519.     P.  S.  15. 

289  See  1897,  237.     P.  S.  199. 

291  Amended,  1887,  74;  1892,  133;   1893,  452;  1894,  68,  330.     Affected, 

1893,404;    1894,68,424;   1896,459;   1897,478.      (See  1887,24; 
1889,  324;    1895,  153  §  2.)     P.  S.  159. 

292  Limited,  1887,  307.     P.  S.  102. 

293  Affected,  1888,  346  §  1.     (See  1887,  286;   1894,  104.)     P.  S.  178. 

299  Affected,  1896,  158.     P.  S.  51. 

300  Repealed,  1887,  214  §  112.     P.  S.  119. 

302  Extended,  1892,  165.     P.  S.  80,  82. 

303  See  1887,  339.     P.  S.  203,  221. 

304  Amount  increased,  1890,  192.     P.  S.  158. 

305  See  1890,  70';    1894,  433.     P.  S.  207. 

307  Superseded,   1894,  218,  473;    1895,  398.     P.  S.  80. 

.308  Repealed,  1887,  214  §  112.      P.  S.  119. 

309  Extended,  1887,  445.     P.  S.  102. 

310  See  1898,  503,  504.     P.  S.  106. 

312  Affected,  1891,  221;   1893,  225  §  3,  247,  445.     §  4  amended,   1889, 

372;  1893,23.   (See  1887,  226.)   P.  S.  29. 

313  Repealed,  1896,  397.  (See  1887,  267,  431 ;  1888,  209  ;  1893,  227, 

472;  1894,  435.)  P.  S.  80. 


1004:  Cha:n-ges  in 

Statutes    of  1885  —  Continued. 
Chap. 

314  Affected,   1886,  346;   1887,385;   1888,350,428;  1891,370;   1892, 

259,  263;  1894,  327;  1896,  356.  §  1  amended,  1889,  373.  §  4 
amended,  1898,  499.  (See  1894,  503.)  §  5  extended,  1895,  463. 
(See  1891,  351.)  §§  6,  7,  9,  12,  13,  14  extended,  1887,  382  ;  1896, 
426.     §  7  amended,  1886,  346  §  2.     P.  S.  61. 

315  Affected,  1895,  106.     P.  S.  19,  69. 

316  §  1  repealed,  1895,  461.     (See  1893,  436.)     P.  S.  207. 
318     Superseded,  1893,  469.     P.  S.  158. 

320  Affected,  1895,  390.     §  2  amended,  1886,  101  §  4;    1898,  433  §   28. 

P.  S.  222. 

321  Repealed,  1886,  13.     P.  S.  161. 

322  Superseded,  1893,  396  §  34.     (See  1887,  293.)     P.  S.  154. 

323  Affected,  1887,  177;  1889,  419,  423;  1894,  266.     P.  S.  28. 

326  Repealed,  1888,  426  §  14.     P.  S.  104. 

327  Affected,   1887,  31,  212;    1888,  333;    1889,   111.      (See  1894,   143 

§  4.)     P.  S.  20. 
332     Superseded,  1898,  496  §  1.     (See  1894,  320.)     P.  S.  44. 
334     Aft'ected,  1891,  129,  204.     (See  1890,  173.)     P.  S.  112. 
339     Affected,  1885,  385;   1886,  319;   1887,  346;   1889,  414;   1890,  414; 

1891,  158;   1892,  53,  229;   1894,  195;   1898,  433,  438.     P.  S.  87. 

341  Repealed,  1887,  98  §  16.     P.  S.  97. 

342  Affected,   1887,  448;  1890,  284,  452;   1892,  388;   1894,  410;   1895, 

419.     P.  S.  99,  212. 

344  Affected,  1891,  266;   1893,  301;   1898,  498.     P.  S.  19. 

345  §  1  amended,  1886,  203  ;   1891,  419.     §  5  amended,  1887,  36.     §   6 

affected,  1888,  257  §  4.     §  7  repealed,  1887,  329.     (See  1886,  45; 
1891,  180;   1892,  348;   1893,  376,  417.)     P.  S.  160. 
348     Repealed,  1894,  317.     P.  S.  116. 

351  Repealed,  1890,  423  §  228;   1893,  417.     P.  S.  7. 

352  Amended,  1886,  317,  318;   1896,  398.      (See  1891,  58,  412;   1896, 

377;  1897,  349.)     P.  S.  55,  57. 

353  Affected,   1888,  405;   1889,  406,  417;   1890,  387;    1897,  247.     §4 

repealed,  1895,  394.     P.  S.  157. 

354  Repealed,  1887,  214  §  112.     P.  S.  119. 

355  §§1,2  superseded,  1893,  423  §  10.     P.  S.  27. 

358  Amended,  1897,  305.      (See  1893,  419.)     P.  S.  102. 

365  Affected,  1886,  323;   1888,  49;   1892,  302,  303.     P.  S.  207. 

369  Repealed,    1894,  393.      (See  1888,   191;   1889,440;   1890,97,126; 

1891,  292;   1893,  70.)     P.  S.  4. 

371  Repealed,  1898,  76.     (See  1897,  503.)     P.  S.  2. 

374  Repealed,  1892,  419  §  138.     (See  1889,  129.)     P.  S.  104. 

375  In  part  repealed,  1891,  427  §  8.     (See  1888,  377;   1892.  160,  200, 

303.)     P.  S.  207. 

376  Affected,  1889,  185.     (See  1890,  408;   1893,  379.)     P.  S.  144. 

378  Affected,  1887,    252;   1894,  491;   1895,  476.      (See  1892,  195,  432; 

1893,  306.)     P.  S.  58,  90. 

379  In  part  superseded,   1890,   213;   1892,  286.     Affected,   1887,  310; 

1888,  306  §  2;  189«,  318.     (See  1898,  204,  326  §  5.)     P.  S.  26. 


THE  Statutes.  1005 


Statutes   of  1885  —  Concluded. 

Chap. 

382     §§  2,  4-10  repealed,  1892,  419  §  138.     P.  S.  104. 

384  Affected,  188(3,  223  ;  1887,  332,  383  ;  1890,  374,  440  §  10 ;  1892,  127. 

§  3,  see  1893,  396  §§  24-32 ;   1894,  173  §  1 ;  1896,  355,  413.     §  5, 
see  1895,  116.     §  14  superseded,  1892,  169.     P.  S.  152,  178. 

385  Affected,  1886,  319;  1887,  346,  367;  1890,  414;  1892,  229.     §§  1-3 

amended,  1898,  433  §  28.     (See  1886,  101   §  4;  1894,  195;  1895, 
286,  429  ;  1898,  438.)     P.  S.  87. 
Res.  73.     See  Res.  1886,  58;   1890,  73;   1891,  70;   1893,  87;   1895, 
106.     P.  S.  1. 

Statutes  of  1886. 

13  See  1896,  396  §  64.     P.  S.  154. 

15  §  6  in  part  superseded,  1892,  100.  P.  S.  154. 

31  Superseded,  1896,  526.   (See  1888,  58;  1892,  271.)  P.  S.  152. 

37  §  2  amended,  1890,  294.   (See  1887,  243;  1888,  357,  371;  1891, 

181  ;  1895,  369  ;  1897,  342.)  P.  S.  159. 

38  In  part  superseded,  1886,334;  1889,  349.  Extended,  1891,233; 

1893, 432  ;  1895,  276,  392  ;  1896,  326.  (See  1893,  224 ;  1894,  522 
§  94.)  P.  S.  16. 

39  Repealed,  1889,  301  §  10.  (See  1887,  122.)  P.  S.  30. 

45  Added  to,  1891,  180.  Affected,  1886,  203;  1891,  419;  1892,  348. 

(See  1893,  376.)  P.  S.  160. 

49  Repealed,  1890,  423  §  228.  (See  1888,  434,  436  §  10.)  P.  S.  7. 

51  Amended,  1887,  -289.  P.  S.  188. 

56  Superseded,  1887,  86;  1890,  242;  1891,  65.  P.  S.  11. 

63  Superseded,  1887,  411.  P.  S.  14. 

66  §  1  repealed,  1891,  24.  P.  S.  5. 

68  Repealed,  1890,  423  §  228.   (See  1888,  200,  206 ;  1889,  196.) 

P.  S.  6. 

69  Repealed,  1894,  317.   (See  1887,  196;  1888,  213;  1890,  168.) 

P.  S.  116. 

73  Superseded,  1895,  90.     (See  1889,  103;  1892,  96.)     P.  S.  11. 

74  Affected,  1898,  318.     P.  S.  26. 

77  Repealed,  1894,  317.     P.  S.  116. 

78  Repealed,  1890,  423  §  228.     P.  S.  7. 
82  Repealed,  1887,  391  §  4.     P.  S.  98. 
85  Superseded,  1888,  362.     P.  S.  11. 

87  Repealed,  1894,  508.     (See  1887,  399  ;  1891,  239.)     P.  S.  74. 

90  Repealed,  1887,  280  §  2.     P.  S.  74. 

93  Repealed,  1894,  317.     (See  1889,  180;  1893,  254.)     P.  S.  116. 

95  Repealed,  1890,  168.     P.  S.  116. 

101  §    1   repealed,   1898,  433.     §   3   amended,    1889,  370.     (See   1898, 
443.)     P.  S.  79. 

105  Superseded,  1887,  411.     P.  S.  14. 

106  Superseded.  1893,  479.     P.  S.  154. 
110  Repealed,  l<s89,  301  §  10.     P.  S.  30. 

114     Amount  increased,  1895,  174.     P.  S.  158. 


1006  Changes  in 

Statutes   of  1886 — Continued. 

Chap. 

120  See  1894,  41.     P.  S.  112. 

123  Superseded,  1897,  390.     P.  S.  154. 

124  Superseded,  1893,  479.     P.  S.  154. 

125  Extended,  1890,  181.     (See  1887,  270  §  6.)     P.  S.  115. 
130  In  part  superseded,  1888,  195.     P.  S.  154. 

132  Affected,  1896,  176.     P.  S.  23. 

133  Affected,  1886,  176.     P.  S.  23. 
137  See  1890,  266.     P.  S.  134. 

140  See  1889,  154;   1895,  362;   1896,  302;   1898,  578  §   11.     P.  S.  113. 

144  Not  to  apply  to  certain  province  lands.     1893,  470.     P.  S.  19. 

154  Superseded,  1891,  162.     P.  S.  154. 

155  Superseded,  1889,  28.     P.  S.  154. 
158  Superseded,  1893,  479.     P.  S.  154. 

163  Affected,  1889,  292;   1890,  336.     P.  S.  91. 

165  See  1893,  370;   1897,  260.     P.  S.  154. 

166  Superseded,  1893,  479.     P.  S.  154. 

167  Superseded,  1893,  479.     P.  S.  154. 
169  Repealed,  1887,  438.     P.  S.  16. 

171  See  1896,  397  §§  18,  19.     P.  S.  208. 

173  Repealed,  1894,  481.     (See  1890,  179.)     P.  S.  104. 

174  See  1894,  224,  332.     P.  S.  31. 

175  Superseded,  1887,  232.     P.  S.  100. 

176  Repealed,  1894,  317.     P.  S.  116. 

179  Superseded,  1898,  230.     P.  S.  69,  84. 

183  Superseded,  1893,  469.     P.  S.  158. 

184  Superseded,  1893,  469.     (See  1889,  261.)     P.  S.  158. 
187  Repealed,  1887,  214  §  112.     P.  S.  119. 

189  Superseded,  1894,  352.     (See  1893,  469.)     P.  S.  158. 

190  §  2  in  part  superseded,  1893,  479.     P.  S.  154. 

192  Limited,  and  §  4  repealed,  1891,  327.      (See  1887,  197;   1890,  229  ; 

1893,  205;   1898,  169.)     P.  S.  91. 

194  Limited,  1890,  289.     P.  S.  183. 

197  Affected,  1895,  259.     P.  S.  221. 

202  Repealed,  1887,  120.     P.  S.  91. 

203  Amended,  1891,  419.     Affected,  1892,  348.     (See  1891,  180;  1893, 

376.)     P.  S.  160. 

207  See  1892,  333;   1898,  67.     P.  S.  37. 

210  Affected,   1891,  97;    1892,  245;    1893,   65,  380;    1894,  528;    1895, 
-    117,   127,  227;    1896,  236,  251;    1897,   274.      (See   1892,   402.) 

P.  S.  50. 

214  See  1898,  436.     P.  S.  17. 

216  Superseded,  1896,  490  §  3.     (See  1888,  425;   1889,  402.)     P.  S.  17. 

219  Affected,  1887,  367;   1895,  390.      (See  1886,  319;   1894,  195,  251; 

1896,482;   1897,418;   1898,433.     Res.  1888,  89.)     P.  S.  79. 

222  Repealed,  1887,  214  §  112.     P.  S.  119. 

223  Affected,  1892,  127.     (See  1896,  413.)     P.  S.  153,  161. 

224  See  1893,  396  §  61.     P.  S.  155. 


THE  Statutes.  1007 

Statutes    of  1886  —  Continued. 
Chap. 

230  Affected,  1891,  341;    1894,  541;   1895,  157,  311.     P.  S.  105. 

231  Superseded,  1889,  4G5.     (See  1888,  158.)     P.  S.  11. 
234     Affected,  1891,  52;   1897,  181.     P.  S.  91. 

23G     Superseded,  1898,  496  §  5.    (See  1887,  433  §  4 ;  1893,  208.)    P.  S.  44. 

237  Superseded,  1887,  411  §  13.     P.  S.  14. 

238  Superseded,  1891,  410.     P.  S.  15. 

241  Repealed,  1888,  239.     (See  1887,  179.)     P.  S.  41. 

242  Repealed,  1894,  59.     P.  S.  112. 
246     Repealed,  1897,  111.     P.  S.  92. 

250  Amended,  1890,  252  :   1892,  67.     P.  S.  61. 

251  Superseded,    1889,   339;    1891,    79;    1892,    298;    1893,   288,   291. 

P.  S.  22. 

252  Repealed,  1894,  317.     (See  1889,  77,  221;   1892,  248.)     P.  S.  116. 

256  Superseded,  1896,  509.     P.  S.  8. 

257  Amended,  1896,  522.     P.  S.  21. 

259  §  1  repealed,  1889,  454  §  6.     (See  1894,  309.)     §  2  amended,  1887, 

135.     P.  S.  102. 

260  §  1  amended,  1890,  83.     Affected,  1893,  111 ;   1894,  481,  499.     P.  S. 

74,  103. 

262  Repealed,  1890,  423  §  228.     (See  1890,  419.)     P.  S.  7,  27. 

263  Amended,   1887,  269.     Affected,   1892,  382.     §   1  amended,   1888, 

261.     §  4  amended,  1890,  385.     P.  S.  74. 

264  Repealed,  1890,  423.     (See  1888,  146.)     P.  S.  7. 
274     Repealed,  1888,  375.     P.  S.  80. 

276  §  1  superseded,  1891,  142;  1894,  205.  (See  1888,  292;  1890,  249, 
442;  1893,  189,  398;  1894,  102.)  §  3  affected,  1890,  249.  §  4 
see  1897,  524.  §  5  repealed,  1894,  97.  §  6  limited,  1887,  300. 
Added  to  1891,  254;  1898,  124.  §  7  extended,  1895,  56.  In 
part  repealed,  1892,  102.      (See  1893,  49,  105.)      P.  S.  92. 

281  Affected,  1888,  345.     P.  S.  167,  183. 

282  Affected,  1898,  496  §  22.     P.  S.  47. 

283  §  1  amended,  1889,  115.     (See  1888,  437.)     P.  S.  28. 
287     See  1895,  338.     P.  S.  80. 

289  Affected,  1895,  456.     (See  1890,  449  ;   1891,  144.)     P.  S.  67. 

290  See  1894,  496.     P.  S.  157. 

295  Repealed,    1893,   423.      (See    1888,   221;    1889,    191;     1890,   254; 

1893,  417  §  266.)     P.  S.  27. 

296  §  4  affected,  1888,  199  §  3  ;  1897,  254.     (See  1889,  451  §  8;   1894, 

444.)     P.  S.  35,  216. 
298     §§  2,  9,  10  amended,  1898,  433  §§  26,  29.     §  4  repealed,  1887,  123. 

P.  S.  87. 
305     Amended,  1888,  391 ;   1893,  466.     P.  S.  202. 
307     Superseded,  1893,  479.     P.  S.  154. 

317  Affected,   1891,   58,   412;    1896,   377;    1897,  349.     §   3    amended, 

1894,  280  §  1.     P.  S.  56. 

318  §§  2,  4  superseded,  1896,  398  §§  2,  3.     Affected,  1891,  58,  412.     P.  S. 

56,  57. 


1008  Changes  ix 

Statutes   of  1886  —  Concluded. 
Chap. 

319  §§  1,  2  amended,  1898,  433  §  28.     Affected,  1887,  346,  367;   1889, 

414  §  7;  1892,  229;  1894,  195,  251;  1895,  286,  390,  429;  1896, 
482 ;  1897,  418.  §  3  superseded,  1890,  414,  §  2  ;  1898,  433  §  28. 
P.  S.  87. 

320  Repealed,  1888,  390  §  95.     P.  S.  12. 

322  Amended,  1898,  465.     (See  1894,  496.)     P.  S.  157. 

323  §   1  affected  aud  §§  2,  3  repealed,   1892,  302.     §  4  affected,  1894, 

440;  1895,  252;  1897,  206,  272.  (See  1888,  49;  1891,  427; 
1892,  303.)     P.  S.  221. 

328  See  1887,  411  §§  77,  79  ;  1893,  367  §§  77,  79.     P.  S.  14,  203. 

329  Affected,  1888,  311.     §§  1,  3  amended,  1898,  444.     P.  S.  207. 

330  Affected,   1888,   248;   1898,   433,   496  §  35,  580.     (See  1893,217, 

252.)     P.  S.  48. 

332  Affected,  1887,  142  §  3 ;   1888,  390  §  95.     P.  S.  13. 

333  §  2  superseded,  1887,  227.     P.  S.  154. 

334  Amended,  1889,  349.      (See  1891,  233;   1894,  522  §  94.)     P.  S.  16. 
338     Superseded,  1896,  509.     P.  S.  8. 

340     Restricted,  1892,  50.      (See  1887,  307.)     P.  S.  102. 

342     Extended,  1887,  320;   1891,  59.     P.  S.  146. 

346     §§  1,  2,  5  extended,  1887,  382.     §  2  amended,  1888,  122.     Affected, 

1894,450;   1896,  356.     (See  1887,  385;   1888,  350;   1889,  169; 

1892,  67,  263,  274.)     P.  S.  61,  106. 
348     Superseded,  1896,  509.     P.  S.  8. 
352     Repealed,  1894,  359.      (See  1892,  59.)     P.  S.  2. 
354     Repealed,  1894,  444.      (See  1887,  231.)     P.  S.  35. 

Res.    58.     See   Res.    1890,    73;    1891,    70;   1893,   87;    1895,    106. 

P.  S.  1. 

Statutes  of  1887. 

24     Repealed,    1894,    424.      (See    1887,    74;    1889,    324;    1892,    133.) 

P.  S.  159. 
26     Superseded,  1893,  103.     P.  S.  15. 

30  Superseded,  1891,  375.      (See  1888,  432.)     P.  S.  16. 

31  Affected,  1888,  333;   1894,  143,  144;   1895,  57.     P.  S.  20. 

38  Repealed,  1888,  209  §  2.     P.  S.  208. 

39  Amount  increased,  1889,  209;   1894,  259;   1898,  117.     P.  S.  158. 
46     Superseded,  1898,  218.     P.  S.  156. 

57  Superseded,  1898,  294.      (See  1896,  176.)     P.  S.  23. 

61  §  1  superseded,  1898,  216.      §  2  superseded,  1888,  89.     P.  S.  154. 

63  Affected,  1889,  237,  269.     P.  S.  156. 

67  Extended,  1891,  15;   1894,  27,  117.     P.  S.  203. 

72  Superseded,  1893,  469.     P.  S.  158. 

74  Amended,  1892,  133.      (See  1893,  404,  452 ;   1894,  68,  330.)     P.  S. 

159. 

83  Superseded,  1891,  411  §  2.     P.  S.  15. 

86  Superseded,  1890,  242.     P.  S.  U. 

87  Extended,  1891,  384.     P.  S.  16. 


THE  Statutes.  1009 


Statutes   of  1887  —  Continued. 

Chap. 
96     Repealed,  1896,  268.     (See  1888,  223,  238;   1892,  188.)     P.  S.  91. 
103     Repealed,   1894,  508.     (See  1887,   173,   215,  218;   1888,  149,305, 

426;   1890,438;   1891,261;   1894,481.)     P.  S.  48,  74. 
105     §  2  amended,  1890,  30.     P.  S.  91. 
110     Superseded,  1888,  390.     P.  S.  12. 

112  Superseded,  1888,  257.     P.  S.  159. 

113  Repealed,  1894,  317.     P.  S.  116. 

116  Superseded  1895,  193.     P.  S.  2. 

117  Superseded,  1894,  470.     P.  S.  154. 

121  Repealed,  1894,  508.     P.  S.  74. 

122  Repealed,  1889,  301  §  10.     (See  1889,  279.)     P.  S.  30. 
124     Affected,  1896,  158.     P.  S.  51. 

127  In  part  superseded,  1892,  128.     P.  S.  103. 

128  lu  part  superseded,   1893,  358;    1895,  284.     Affected,  1893,  409; 

1894,  531.     (See  1890,  456  §  2.)     P.  S.  5. 
137     §§  4,  6  are  revised.     St.  1897,  187.     P.  S.  80,  102. 

142  Repealed,  1888,  390  §  95.     P.  S.  12. 

143  Affected,  1890,  334.     P.  S.  102,  203. 

147  Repealed,  1890,  423  §  228.     (See  1888,  436  §  28;   1889,  413  §  28.) 

P.  S.  7. 

156  Superseded,  1894,  66.     P.  S.  156. 

160  In  part  superseded,  1889,  238;   1892,  233;  1898,  235.     P.  S.  17. 

164  Superseded,  1894,  415.     P.  S.  25. 

166  Superseded,  1893,  469.     P.  S.  158. 

171  Superseded,  1897,  359.     P.  S.  154. 

173  Repealed,  1894,  598.     (See  1887,  215.)     P.  S.  48,  74. 

174  Superseded,  1893,  479.     P.  S.  154. 

175  Affected,  1889,  206.     P.  S.  154. 

178  Affected,  1892,  353;   1893,  51;   1898,  172.     P.  S.  103. 

179  Repealed,  1888,  239.     P.  S.  41. 

180  Superseded,  1891,  161.     P.  S.  154. 
193  §  3  amended,  1891,  137.     P.  S.  91. 

196  Repealed,  1894,  317.     (See  1888,  213;   1890,  168.)     P.  S.  116. 

197  Superseded,  1891,  327.     (See  1890,  229.)     P.  S.  91. 
199     Superseded,  1893,  190.     P.  S.  159. 

202     Repealed,  1897,  439  §   14,  444  §  31.     (See  1889,  208;   1890,  402; 

1892,  300,  305.)     P.  S.  32. 
206     Affected,  1890,  439;   1893,  226;   1894,  542.     P.  S.  100,  115. 

208  Superseded,  1893,  479.     P.  S.  154. 

209  Superseded,  1893,  86,     (See  1892,  287.)     P.  S.  5. 
212     Amended,  1889,  111.     (See  1888,  333.)     P.  S.  20. 

214  Superseded,  1894,  522.     (See  1887,  283;   1888,  84,  141,  151,  154, 

165;  1889,  356,  378;  1890,  26,304,  341,  421;  1891,  195,  233, 
289,  291,  368;  1892,  47,  372;  1893,  54,  117,  224,  434;  1894,  19, 
103,  120,  133,  137,  147,  225,  300,  381,  442.)     P.  S.  119. 

215  Repealed,   1894,  508.     (See  1887,  280  §  1,330;  1888,  348;   1890, 

183  ;  1892,  83,  352,  357.)     P.  S.  48,  74. 


1010  Chat^ges  in 


Statutes   of  1887  —  Continued. 
Chap. 

216  §  5  superseded,  1898,  247  §  3.     (See  1889,  159,  452  ;  1890,  243,  310 ; 

1891,  403;   1894,  342;   1895,   171,  172;   1896,  277,  285,  286,  327, 
361.)     P.  S.  117. 

217  Superseded,  1893,  422.     P.  S.  156. 

218  Affected,  1888,  149  §  3,  316,  399,  426.     (See  1890,  438  ;   1891,  261 ; 

1894,  481,  508.)     P.  S.  103,  104. 

219  Repealed,  1887,  276.  P.  S.  104. 
221  Superseded,  1891,  429.  P.  S.  15. 

225  §  1  ameuded,  1896,  369;  1897,  492;  1898,64.  (See  1890,  199; 

1891,341;  1894,  541;  1895,  311.)  P.  S.  106. 

226  Affected,  1887,  281;   1888,  362;   1893,  247,  445.     P.  S.  11. 

227  Superseded,  1894,  374.     P.  S.  154. 

228  See  1888,  363;   1889,  446.     P.  S.  11. 
234     Extended,  1888,  181.     P.  S.  103,  220. 

243     lu  part  superseded,  1895,  369  ;   1897,  342.     P.  S.  159. 
245     Superseded,  1892,  143.     P.  S.  20. 

248  See  1898,  485.     P.  S.  75. 

249  Repealed,  1890,  423  §  228.     P.  S.  27. 

250  See  1894,  491;   1895,  496;  1896,  276;   1897,  499.     P.  S.  90. 

252     Repealed,    1894,   491.      (See   1892,    195;    1893,   306.)     P.   S.   58, 

80,  90. 
256     Affected,  1888,  113,  389,  426  §  13;   1891,  302,  357  §  6 ;   1894,  481; 

1898,  261.     P.  S.  103. 
259     Superseded,  1893,  469.     (See  1891,  318.)     P.  S.  158. 
263     §  1  amended,  1894,  130.     P.  S.  2,  160. 

266  Repealed,  1888,  248  §  2.     P.  S.  89. 

267  Repealed,  1896,  397.      (See  1893,  227,  472.)     P.  S.  80. 

269  Affected,  1892,  382.     §  1  extended,  1888,  261.    §  3  amended,  1890, 

385.     P.  S.  74. 

270  Amended,  1888,  155;  1892,260;  1893,359;  1894,499;  1897,491. 

(See  1890,  83,  181;  1895,  362  §  7.)  P.  S.  74,  112,  113. 

272  Repealed,  1890,  423  §§  143,  228.     P.  S.  7. 

273  Superseded,  1893,  469.     P.  S.  158. 

274  §  2  superseded,  1889,  92.     P.  S.  154. 

276  Affected,  1888,  426  §  14.     P.  S.  104. 

277  §  2  amended,  1895,  348  §  6.     P.  S.  72. 

280  Repealed,  1894,  508.      (See  1887,  330;  1888,  348;  1890,  183;   1892, 

83,  352,  357.)      P.  S.  48,  74. 

281  See  1893,  247,  445.     P.  S.  11. 

283     Affected,  1888,  154;   1890,  197;   1892,  129.     P.  S.  13. 

286     See  1894,  104.     P.  S.  178. 

290     See  1898,  562  §  19.     P.  S.  120,  147. 

292  §  2  affected,  1898,  433,  443.     P.  S.  88,  219. 

293  Superseded,  1893,  396  §§  35,  39.     P.  S.  154. 

295     Shall  not  apply  to  provisions  of  1890,  428.     P.  S.  112. 
310     In    part   repealed,  1898,  479.      §  3  superseded,  1898,  353.      (See 
1890,  213;   1891,  185;  1898,  318,  323.)     P.  S.  26,  81. 


THE  Statutes.  1011 


Statutes  of  1887  —  Continued. 

Affected,  1890,  293,  390  §  3  ;  1891,  122;   1898,  205.     P.  S.  91. 

Aflfected,  1895,  383;   1897,  350.     P.  S.  219. 

Repealed,  1894,  317.     P.  S.  116. 

Extended,  1891,  59.     P.  S.  146. 

In  part  superseded,  1894,  379.     P.  8.  154. 

Repealed,  1893,  508.     P.  S.  48,  74. 

§  3  see  1888,  290;   1890,  261  §  3;   1891,  415  §  3 ;   1895,  116;   1897, 

135.         P.  S.  147,  151. 
Repealed,  1897,  437.     P.  S.  32. 
§§  1,  2  amended,  1894,  218.     P.  S.  80. 
$  2  amended,  1897,  326.     P.  S.  157. 

§  1  superseded,  1890,  160.     §  2  in  part  repealed,  1891,  342.    P.  S.  13. 
Aflfected,  1887,  367;    1889,414;   1895,  390.      §  2  amended,  1896, 

482;   1898,  433  §  28.     P.  S.  87. 
Repealed  so  far  as  inconsistent  with  1888,  264.     P.  S.  221. 
Repealed,  1891,  125.     P.  S.  74. 
Affected,  1891,  249.     P.  S.  112. 
Affected,   1890,  326;    1894,  462,  476,  543;    1895,  316  §  3;  1897, 

337.     Amended,  1896,  409.     (See  1893,  315.)     P.  S.  113. 
Affected,   1892,   229;   1894,195,251;   1896,482;   1897,418;   1898, 

433.     P.  S.  87. 
Repealed,  1890,  423  §§  215,  228.     P.  S.  27. 

Extended,  1889,  286;   1891,  116;   1893,  149;   1898,  353.     P.  S.  11. 
Extended,  1888,  192.     (See  1890,  180,  278;   1894,  214,  249;   1895, 

273;   1898,  393  §  7.)     P.  S.  220. 
Amended,  1895,  419  §  10.     P.  S.  99. 
Aflfected,   1888,  350,  428;  1891,  370;  1892,  259,  263;   1896,  356, 

426.     Extended,  1895,  350.     §  3  amended,  1892,  274.     P.  S.  61, 

106,  109. 
See  1892,  440;   1893,  61.     P.  S.  151. 
Aflfected,   1891,  370;   1892,  259,  263;  1895,  169,  420.     P.  S.  61, 

106. 
§§  1,  2  repealed,  1895,  434.     §  3  extended,  1897,  389.     (See  1893, 

41.)     P.  S.  98. 
Repealed,  1894,  508.      (See  1891,  239.)     P.  S.  74. 
§   1  amended,  1893,  197.     (See  1888,  248;  1889,  230;  1893,  197, 

217,   252;    1896,   288,   382;    1897,   374;    1898,   396,  433  §   23.) 

P.  8.  84. 
Affected,  1892,  211.     P.  8.  221. 
Extended,  1891,  265.      (See  1888,  326.)     Affected,  1894,  126  ;  1898, 

453.     §  3  amended,  1895,  105.     P.  S.  38. 
Amended,  1888,  297.     P.  S.  100. 
Repealed,  1893,  367.      (See  1888,  366,  384;   1889,  360;   1890,  415, 

425;    1891,  232;    1892,  238,  366;    1893,  193,  231.     Res.   1890, 

67.)     P.  8.  11. 
See  1H89,  442:   1.S97.  522;   1898.  457.     P.  S.  126,  176. 
§  1  ameueled,  1897,  241.     P.  8.  38. 


1012  ChAI^GES    EN" 

statutes  of  1881  —  Concluded. 

Chap.  • 

422  See  1892,  331.  P.  S.  68. 

423  Repealed,  1888,  90.  P.  S.  116. 

426  Amended,  1896,  304.   (See  1895,  273.)  P.  S.  221. 

431  Repealed,  1896,  397.  (See  1889,  270;  1893,  472;  1894,  485.) 

P.  8.  80,  100. 

432  Repealed,  1890,  423  §  228.     P.  S.  6. 

433  §  1  repealed,  1888,  348  §  12.     §  2  amended,  1889,  135;   1891,  317. 

(See  1890,  48,  299;   1894,  508;   1898,  496  §  16.)     P.  S.  48,  74. 
435     Affected,  1888,49  §  2,   192,  317;   1894,  440;   1895,252,  504;   1897, 
206,  272;   1898,  240.     P.  S.  220. 

437  Repealed,  1896,  507.     (See  1889,  473  ;  1895,  501.)     P.  S.  21,  74. 

438  Affected,   1888,   275;    1890,   216,  380  §   3;  1893,  270;   1894,  183; 

1895,  143,  175;  1897,  89,  129,  153;  1898,  432,  477.  Extended, 
1895,  493.  §  2  amended,  1890,  306;  1893,  175;  1898,  477.  §  5 
amended,  1890,  216.  (See  1888,  257;  1890,  141,  204,  215,  440; 
1891,  416;   1895,  482;   1898,  334  §  5.)     P.  S.  16,  158. 

440  Affected,  1891,  153.     P.  S.  86. 

441  Affected,  1898,  433.     §  2  in  part  repealed,  1890,  354;   1892,  407. 

§  4  in  part  superseded,  1889,  230  §  2.     P.  S.  84,  86. 

442  Affected,   1888,  419;   1889,  415   §    1 ;    1890,  128;   1891,  271,  407. 

P.  S.  162. 

443  Repealed,  1888,  436  §  6.     P.  S.  100. 

447  Limited,  1888,  22 ;   affected,   1888,  403 ;   1897,  412,  434,  480  ;  1898, 

259,  277,  334,  365,  393.  §  5  repealed,  1891,  228.  §  6  amended, 
1895,  322.  §  7  repealed,  1888,  403  §  6.  §  12  amended,  1888, 
403  §  4.  (See  1888,  189;  1891,  209,  371;  1894,451,  460.) 
P.  S.  220,  221. 

448  §  1  superseded,  1882,  388.     §  2  repealed,   1895,  419.     (See  1894, 

410.)     P.  S.  99,  212. 
Res.  103.     Affected,  Res.  1895,  70;  St.  1896,  310.     P.  S.  44. 

Statutes  of  1888. 

22  Amended,  1888,  403  §  5 ;  affected,  1894,  451.     P.  S.  220,  221. 

23  Repealed,  1890,  97.     (See  1889,  440  §  14.)     P.  S.  4. 

24  §  1  repealed,  1897,  114.     P.  S.  5. 

40  Repealed,  1894,  317.     P.  S.  116. 

41  Superseded,  1889,  177.     P.  S.  21. 
46     See  1893,  173.     P.  S.  192. 

51     Repealed,  1894,  317.     P.  S.  116. 

53  Repealed,  1894,  317.     P.  S.  116. 

54  Superseded,  1893,  479.     P.  S.  154. 

58     Superseded,  1896,  526.     (See  1892,  271.)     P.  S.  152. 

63     Repealed,    1897,   444.      (See   1888,   306;    1889,   224;    1893,   263.) 

P.  S.  32. 
69     Affected,  1898,  433.     P.  S.  84,  87. 
.84     Superseded,  1894,  522  §  5.     P.  S.  119. 


THE  Statutes.  1013 


Statutes  of  1888  —  Continued. 

Cbap. 

85  Repealed,  1891,  292.     (See  1889,  440  §  14.)     P.  S.  4. 

86  Affected,  1888,  426;  1890,  307;  1892,  419;  1894,  481.     P.  S.  104. 
88     Superseded,  1893,  479.     P.  S.  154. 

90  Repealed,  1894,  317.     (See  1890,  369.)     P.  S.  116. 

94  Extended,  1895,  153;  1896,  451.     P.  S.  153. 

96  Repealed,  1894,  317.     P.  S.  116. 

105  Affected,  1893,  477;  1894,  455;  1895,  453.     (See  1892,  419  §  120.) 

P.  S.  80,  102. 

110  Superseded,  1893,  479.     P.  S.  154. 

112  Superseded,  1893,  469.     P.  S.  158. 

113  Repealed,   1894,  481.     (See    1888,   389,  426  §   13;   1891,302,357 

§  6.)     P.  S.  103,  104. 

114  Exteuded,  1894,  389.  (See  1894,  422.)  P.  S.  52. 
120  Repealed,  1894,  317.  (See  1890,  222.)  P.  S.  116. 

122  Superseded,  1889,  440  §  7.  P.  S.  4. 

123  Repealed,  1897,  516  §  10.  P.  S.  170. 

127  Repealed,  1894,  317.  (See  1890,  44.)  P.  S.  4,  116. 

134  See  1892,  330;  1894,  437,  508.  P.  S.  74,  115. 

141  Superseded,  1894,  522  §  31.  (See  1894,  133  §  2.)  P.  S.  119. 

146  Repealed,  1890,  423  §§  72,  228.  P.  S.  27. 

148  Affected,  1888,  380,  420;  1889,  315.  P.  S.  132,  134. 

149  Repealed,  1894,  508.   (See  1890,  438;  1891,  261;  1894,  481.) 

P.  S.  74,  104. 

151  Superseded,  1894,  522  §  60.  (See  1891,  291.)  P.  S.  119. 

152  Superseded,  1893,  469.  P.  S.  158. 

154  Affected,  1890,  197;  1892,  129;  1894,  522.  (See  1891,  368;  1892, 

47.)  P.  S.  13,  119. 

155  Amended,  1892,  260.  (See  1890,  83  ;  1893,  359  ;  1894,  499  ;  1897, 

491.)  P.  S.  74,  112. 

157  In  part  superseded,  1893,  138.  P.  S.  17. 

158  Superseded,  1889,  465.  P.  S.  11. 
160  See  1889,  439;  1897,  327.  P.  S.  80. 

164  Repealed,  1890,  423  §§  105-107,  228.  P.  S.  7. 

165  Superseded,  1894,  522  §  28.  P.  S.  119. 

174  Superseded,  1892,  347.  (See  1891,  404.)  P.  S.  35. 

150  Affected,  1890,  440  §§  6.  8;  1893,  396  §  9.  P.  S.  2^^,   154. 
186  Repealed,  1889,  440  §  14.  P.  S.  4. 

189  See  1888,  403;  1891,  209,  228,  371;  1897,  412,  434.  480;  1898, 
334,  393.  P.  S.  221. 

191  Superseded,  1890,  126.  (See  1889,  440.)  P.  S.  4,  116. 

192  Affected,  1888,317;  1894,  440;  1895,  252,  504;  1897,  206,  272; 

1898,  240,  393  §  7.  P.  S.  221. 

198  Affected,  1897,  289.  P.  S.  91. 

199  Repealed,  1889,  451  §  8.  P.  S.  35,  216. 

200  Repealed,  1890,  423  §  228.  P.  S.  6. 

203  Repealed,  1890,  423  §§  123,  228.  P.  S.  27. 
206  Repealed,  1890,  423  §  228.  P.  S.  27. 


1014  Changes  in 

Statutes   of  1888  —  Continued,. 
Chap. 

207     Repealed,  1888,  426  §  14.     P.  S.  104. 
209     Repealed,  1896,  397.     P.  S.  208. 
213     Repealed,  1894,  317.      (See  1890,  168.)     P.  S.  116. 
221     Repealed,  1893,  423.     (See  1889,  191 ;  1890,  254;  1893,  417  §  266.) 

P.  S.  27. 
223     Affected,  1892,  188;   1896,  268.     P.  S.  91. 
233     Superseded,  1894,  336.     (See  1891,  107.)     P.  S.  154. 

238  Affected,  1896,  268.     P.  S.  91. 

239  Extended,  1889,  226.     P.  S.  41. 

240  Extended,  1891,  129.  P.  S.  112. 
243  Extended,  1898,  M5.  P.  S.  102. 
246     See  1889,  152.     P.  S.  154. 

248  §  1  amended,   1898,  496  §  35,  580.     Affected,  1893,  217,  252;  1898, 

433.      (See  1896,  288,  382.)     P.  S.  84,  89. 

249  Affected,  1897,  403.     P.  S.  154. 

253  Affected,  1897,  328.     P.  S.  21,  74. 

254  Extended,  1889,347;   1894,  130  §5;   1895,337;   1896,  162  §  2,  308  ; 

1897,  160.      Affected,  1888,  262;   1889,  186,  361.     P.  S.  100. 

256  Repealed,  1889,  440  §  14.     P.  S.  4. 

257  §  1  amended,  1892,  95.     §  3  repealed,   1891,  87  §  2.     §  4  affected, 

1891,   236.      §   5    superseded,   1897,    508  §  2 ;   1898,  384.     (See 
1888,  275;    1890,  209,  360,  440;  1898,  204  §  3.)     P.  S.  159,  199. 

262     Amended,  1889,  361.      (See  1889,186,  347.)     P.  S.  100. 

264     Superseded,  1889,  412.      P.  S.  221. 

267     §  2  superseded,  1891,  113;   1894,  297;   1895,  424.     P.  S.  17. 

274  Superseded,  1892,  104,  328.     P.  S.  150. 

275  §   1  affected,    1890,   380;    1893,  270;    1894,  183;    1895,  143.      §  2 

superseded,  1891,  292;   1894,  393.     P.  S.  4,  16,  23. 

276  Repealed,   1890,  193.     P.  S.  91. 

280     Amount  increased,    1892,  230;    1893,  431;    1895,  364;    1897,  317. 
(See  1889,  418.)      P.  S.  158. 

287  Amended,   1892,  234.     P.  S.  91. 

288  Repealed,   1889,  275.     P.  S.  70. 

290     Affected,   1890,  261;    1891,  415  §  3;    1895,  116;    1897,  135.     P.  S. 

156. 
292     Superseded,    1894,   205.      (See   1890,  249;    1891,   142;    1893,  189, 

398;   1894,  102.)      P.  S.  92. 
296     Repealed,  1896,  297.     P.  S.  60. 
301     Affected,   1889,  348.     P.  S.  11. 

304  Amended,    1889,    112.     Affected,  1890,  347;   1892,255;   1897,134. 

P.  S.  27,  40. 

305  Repealed,   1894,  508.     P.  S.  74. 

306  §  1  superseded,  1897,  444.     (See  1889,  224.)     P.  S.  32. 

307  Repealed,  1897,  439  §  14.     P.  S.  37. 
310      §  1  amended,  1898,  165.     P.  S.  35. 

314  Affected,  1891,  287  §  2.     P.  S.  152. 

315  See  1890,  127.     P.  S.  11. 


THE  Statutes.  1015 


Statutes   of  1888  —  Continued. 
Chap. 

316  Repealed  so  far  as  relates  to  Boston,  1892,  419  §   138.     Affected, 

1888,  426  ;  1894,  337,  382.     §§  1,  2  amended,  1893,  199.     Appeal 
given,  1890,  438;  1891,  261.     (See  1894,  481.)     P.  S.  104. 

317  Affected,  1894,  440;    1895,  252,  504;    1897,  206,  272;    1898,240. 

P.  S.  220. 
321     Extended,  1895,  387.     P.  S.  106. 
326     See  1891,  265;   1894,  126.     P.  S.  38. 

328  Affected,  1895,  431.     P.  S.  219. 

329  Superseded,  1898,  533  §  7.     P.  S.  77. 

333     Affected,  1894,  143,  144;   1895,  57.     P.  S.  20. 

335     Superseded,  1889,  408.     P.  S.  221. 

337     Repealed,  1889,  294.     (See  1888,  403  §§  7,  8.)     P.  S.  221. 

340     Amended,  1892,  280;   1896,  440.     P.  S.  7,  31,  100. 

346     See  1894,  104.     P.  S.  178. 

348  Repealed,  1894,  508.  (See  1889,  291;  1890,  183,  299;  1892,  83, 

352,  357;  1894,  498.)  P.  S.  48,  74. 

349  Extended,  1889,  300.     (See  1889,  394  ;  1891, 224;  1892,  404;  1893, 

129,  450;   1894,  532;   1895,  39,  490;   1896,531,549;   1897,  223.) 
P.  S.  5. 

350  Affected,  1896,  356.     §   1  extended,   1894,  327.     (See  1891,  370; 

1892,  259,  263;   1896,  426.)     P.  S.  61. 

352  Superseded,  1893,  396  §§  6,  67.  P.  S.  154. 

353  Repealed,  1890,  423  §  228.   (See  1888,  436;  1892,  351  §  48.) 

P.  S.  7. 
355  Repealed,  1894,  317.  P.  S.  116. 
357  See  1888,  371;  1890,  294;  1891,  181.  P.  S.  159. 

365  Repealed,  1896,  302.  (See  1889,  154.)  P.  S.  26,  112. 

366  Repealed,  1892,  366.  P.  S.  14. 

371  See  1890,  294;  1891,  181.  P.  S.  159. 

375  Added  to,  1890,  441.  (See  1889,  439  ;  1896,  252  ;  1897,  327  ;  1898, 

166.)  P.  S.  80. 
377  Repealed,  1891,  427  §  8.  P.  S.  207. 

379  §  1  amended,  1893,  186.  P.  S.  28. 

380  Affected,  1889,  315.  (See  1888,  420.)  P.  S.  132,  134. 

382  Repealed,  1890,  423  §  228.  P.  S.  9. 

383  Affected,  1895,  363;  1898,  311.  §  4  extended,  Res.  1891,  60. 

P.  S.  4. 

384  Affected,   1893,  121,  367  §§  90,  92-97;   1895,  465  §  5;   1897,  253. 

Extended,  1894,  211.     P.  S.  14. 

387  Affected,   1889,  427,  452;    1890,  329;    1891,  233  §  2,  275;   1895, 

311.     P.  S.  118. 

388  Affected,  1890,  416  §  6,  436  §  187;  1891,  74  §  1  ;  1893,  417  §  5; 

1895,  497.  Limited,  1898,  577  §  11.  §  1  amended,  1892,  428  §  1. 
P.  S.  77,  192. 

389  §  2  repealed,  1897,  288.  (See  1888,  426  §  13;  1891,  302,  357  §  6; 

1898,  261.)  P.  S.  103. 


1016  Changes  in 

Statutes   of  1888  —  Concluded. 
Chap. 

390  Affected,  1889, 253;  1891,288;  1892, 168,370;  1897,126.     §§2,28, 

29,  41  and  forms  5,  6,  7  repealed,  1889,  334.  §§  3,  7,  8,  19,  23, 
24,  30,  32,  33,  37,  49,  51,  69,  72  amended,  1889,  334.  §  7  further 
amended,  1890,  331  §  2.  §  18  amended,  1893,  241.  §§  48, 
49  affected,  1894,  537  §  3.  §§  53,  54  amended,  1892,  109. 
§  54  affected,  1889,  334  §  3 ;  1890,  331.  §  83,  see  1897,  126. 
P.  S.  12. 

391  Repealed,  1893,  466.     P.  S.  202. 

396  §§  2,  4,  5  repealed,  1891,  196  §  2.     P.  S.  30. 

397  Affected,  1891,  323;  1892,  418;   1895,  494;  1896,  237;   1898,  210, 

252,  329.     In  part  superseded,  1892,  415  §  3.     P.  S.  49. 
399     Repealed,  1894,  481.     (See  1888,  426  ;   1890,  438;  1891,  261 ;   1892, 

419.)     P.  S.  104. 
403     Affected,  1891,  228;   1894,  451,  460;  1897,  412,  434,  480;   1898, 

259,  277,  307,  334,  365,  393.     §  2  amended,  1891,  371.     (gee 

1891,  209.)     P.  S.  220,  221. 

405  See  1889,  406,  470;  1890,  387  ;  1892,  209  ;  1898,  562  §  89.  §  3  in 
part  repealed,  1895,  234.     P.  S.  157,  187. 

413  Affected,   1889,  342;    1890,  315;    1892,  327;    1893,  114.     §§  2,  3 

amended,  1897,  304.  §  6  amended,  1896,  423  §  1.  §§  7,  8 
affected,  1896,  423  §  3.  §  18  amended,  1894,  274.  (See  1889, 
427,  452;   1890,  329:   1891,  257.)     P.  S.  105,  118. 

414  §  2  revised,  1894,  198.     P.  S.  60,  65. 

415  Affected,  1893,  396  §  64.     P.  S.  154. 

419  Affected,  1889,415;  1890,  128;  1891,  313,  406,  407;  1897,  382, 
466.  §  5  amended,  1889,  415  §  5.  §  6  amended,  1891,  271. 
§  12  amended,  1898,  559.  §  13  limited,  1893,  62.  (See  1894, 
184;   1895,  308.)     P.  S.  162. 

425  Superseded,  1896,  490  §  3.     P.  S.  17. 

426  Repealed,  1894,  481.     (See  1890,  307,  438  ;   1891,  261,  302,  357  §  6  ; 

1892,  419  §  138;   1893,  199;   1894,  337,  382.)     P.  S.  104. 

428  Repealed,  1890,  252,     P.  S.  61. 

429  Superseded,  1894,  367  ;  1895,  104,  281,  340 ;   1896, 102.      (See  1890, 

341,  400,  421;    1891,   163,   201,   233,  368;    1892,  40,  201,  435; 

1893,  47,  321,  418;  1894,  60,  328.)     P.  S.  115,  119. 

431  Superseded,   1898,  466.     (See  1890,  379;    1891,  272;    1893,  200; 

1894,  58.)     P.  S.  44. 

432  In  part  superseded,  1891,  375.     P.  S.  16. 

433  See  1896,  203.     P.  S.  181. 

434  Repealed,  1890,  423.  (See  1889,  413;  1890,  386.)  P.  S.  27. 

436  Repealed,  1893,  417  §§  96-99.  (See  1889,  413;  1890,  219,386; 

1891,  269,  270;  1892,  124,  316,  368;  1893,  177,  349,  351.) 
P.  S.  7. 

437  Repealed,  1893,  417.  P.  S.  28. 

438  Repealed,  1889,  298;  1890,  447.   (See  1889,  279.)  P.  S.  30. 

441  Repealed,  1893,  417  §§  71-74.   (See  1889,  413;  1890,  436  §  6.) 
P.  S.  7. 
Res.  89.  Affected,  St.  1895,  390.  P.  S.  79. 


THE  Statutes.  1017 

Statutes  of  1889. 

Chap. 

11  Amended,  1892,  187.  (See  1896,  218.)  P.  S.  159. 

IG  Superseded,  1898,  322.   (See  1896,  176.)  P.  S.  23. 

19  Superseded,  1892,  93.  (See  1882,  233  §  6.)  P.  S.  154. 

21  Superseded,  1892,  166.  P.  S.  27,  28. 

32  Repealed,  1894,  393.  (See  1889,  440  §  14;  1891,  292.)  P.  S.  4. 

35  Repealed,  1894,  393  §  7.  (See  1889,  440  §  14.)  P.  S.  4. 

41  Superseded,  1893,  479.  P.  S.  154. 

50  See  1889,  215.  P.  S.  154. 

53  Superseded,  1895,  93.  P.  S.  4. 

54  Superseded,  1898,  429.  P.  S.  154. 

57  See  1893,  367  §  120;  1898,  162.  P.  S.  52. 

69  Repealed,  1890,  423  §  228.  P.  S.  6. 

77  Repealed,  1894,  317  §  2.  P.  S.  116. 

86  Repealed,  1894,  317  §  20.  (See  1889,  449.)  P.  S.  116. 

88  Repealed,  1894,  317  §§  46,  53.  P.  S.  116. 

89  §  1  amended,  1897,  300.  (See  1891,  220;  1892,  419  §  115;  1895, 

213;  1896,  332.)  P.  S.  80,  104. 

90  See  1895,  390;  1898,  433.  P.  S.  87. 

91  Repealed,  1894,  317  §§  19,  53.  P.  S.  116. 

92  Superseded,  1893,  479.  P.  S.  154. 
95  Superseded,  1898,  324.  P.  S.  25. 

98  Repealed,  1893,  423  §§  25,  26.  (See  1889,  178;  1893,  417  §  266.) 
P.  S.  27. 

100  See  1898,  535.  P.  S.  169. 

101  §  1  repealed,  1890,  239.     P.  S.  15. 

103  Superseded,  1895,  90.     (See  1892,  96.)     P.  S.  11. 

108  Affected,  1890,  132;  1897,  116.     P.  S.  50. 

112  Affected,  1890,  347.     (See  1892,  255;   1897,  134.)     P.  S.  40. 

113  Affected,  1895,  218.     P.  S.  215. 

114  Operation  restricted,  1889,  268.     P.  S.  100. 
124  Repealed,  1889,  440  §  14.     P.  S.  4. 

135     Affected,   1890,    48;   1894,  508   §§   24,    70.     Amended,   1891,  317. 

(See  1889,  291 ;   1890,  299  ;   1894,  498.)     P.  S.  48,  74. 
150     Repealed,  1889,  440  §  14.     P.  S.  4. 
154     Repealed,  1896,  302.     P.  S.  26. 

158  Amount  increased,  1898,  388.     P.  S.  154. 

159  §  1  superseded,   1894,  342.     §  2  amended,  1895,  171.     (See  1891, 

403;   1896,  327.)     P.  S.  117. 
161     Repealed,  1894,  317  §§  22,  53.     P.  S.  116. 
164     Repealed,  1889,  440  §  14.     (See  1894,  393  §§  7,  15.)     P.  S.  4. 
170     In  part  superseded,  1892,  58.     P.  S.  154. 
178     Repealed,  1893,  423.     P.  S.  27. 
180     Repealed,  1894,  317.     (See  1893,  2.54.)     P.  S.  116. 
183     Affected,  1897.  328.     P.  S.  21,  74. 

186     Superseded,  1893,  417  §  9.     (See  1889,  361.)     P.  S.  100. 
191     Repealed,  1893,  417  §§  266,  274,  289,  345.     (See  1890,  254.)     P.  S. 

7,  27. 


1018  Chaj^ges  in 

Statutes   of  1889  —  Continued. 
Chap. 

196  Repealed,  1890,  423  §  228.     P.  S.  6. 

197  Extended,  1896,  476;   1898,  187,  574.     P.  S.  18. 
202     Repealed,  1891,  164.     P.  S.  91. 

208  Superseded,  1897,  444  §  13.     (See  1890,  402  ;   1892,  305.)     P.  S.  32. 

209  Amount  increased,  1894,  259  ;   1898,  117.     P.  S.  158. 

210  See  1889,  222.     P.  S.  105. 

211  Superseded,  1893,  469.  P.  S.  158. 

212  Repealed,  1889,  440  §  14.  P.  S.  4. 
215  Extended,  1895,  251.  P.  S.  159. 

217  Superseded,  1897,  356.  P.  S.  154. 

218  Temporarily  superseded,  1898,  382.  P.  S.  154. 
224  Superseded,  1897,  444  §  11.  P.  S.  32. 

227  Repealed,  1891,  160.  P.  S.  154. 

230  Affected,  1898,  433.  P.  S.  84. 

234  Amended,  1894,  170.  P.  S.  124. 

237  Repealed,  1889,  269.  P.  S.  156. 

241  Repealed,  1893,  131.  P.  S.  112. 

245  Superseded,  1895,  449  §  14.  P.  S.  220. 

246  §  3  amended,  1890,  118.  P.  S.  112. 

249  Repealed,  1894,  498.  (See  1889,  422  ;  1890,  309  ;  1891,  426  :  1892, 

62.)  P.  S.  48. 

251  Superseded,  1893,  469.  P.  S.  158. 

253  See  1897,  126,  153  §  8.  P.  S.  12. 

267  Superseded,  1894,  461.  (See  1889,  267;  1891,  304.)  P.  S.  207. 

270  Repealed,  1894,  435 ;  1896,  397.  P.  S.  100. 

279  Superseded,  1894,  279.  (See  1889,  301;  1892,  291.)  P.  S.  30. 

286  Extended,  1891,  116;  1893,  149;  1898,  353.  P.  S.  11. 

288  Superseded,  1897,  444  §  3.  P.  S.  32. 

289  Superseded,  1891,  71.  P.  S.  154. 

291  Repealed,  1894,  508.  (See  1890,  48,  299;  1891,  317.)  P.  S.  48, 

74. 

292  Affected,  1890,  336.     P.  S.  91. 

298  Superseded,  1890,  447.     P.  S.  27,  30. 

299  Affected,  1890,  264  §  3.     P.  S.  82. 

300  See  1889,  394;   1891,  224;   1892,  404,  438;   1893,   129;   1895,   39. 

P.  S.  5. 

301  Repealed,  1894,  301.     (See  1889,  301;   1890,  447;  Res.  1892.  84.) 

P.  S.  30. 
305     Repealed,  1894,  317.     P.  S.  116. 

309  Affected,   1892,   318;   1898,433.     §  2  added  to,   1891,   194.     (See 

1889,  416.)     P.  S.  48,  80,  102. 

310  Amount  increased,  1896,  147.     P.  S.  23. 

313  Affected,  1893,  118.     (See  1890,  420.)     P.  S.  157. 

316  §  1  amended,  1892,  192.     P.  S.  113. 

317  Repealed,  1894,  65.     P.  S.  154. 
321  Repealed,  1894,  317.     P.  S.  116. 

324     Superseded,  1894,  424.     (See  1892,  133.)     P.  S.  159. 


THE  Statutes.  1019 

Statutes   of  1889  —  Continued. 
Chap. 

326  ExteiKled,  1895,  385.     P.  S.  80,  208. 

327  Superseded,  1898,  355.     P.  S.  152. 

328  See  1893,  131.     P.  S.  112. 

334     §  3  amended,  1890,  331.     Affected,   1894,  537.     (See   1891,  288; 

1892,  168,  370.)     P.  S.  12. 

337  Repealed,  1893,  417.     (See  1890,  423  §  26;   1892,  351.)     P.  S.  6. 

339  Superseded,  1893,  291.     P.  S.  22. 

M2  Affected,  1890,  315.     (See  1892,  327;   1896,  423.)     P.  S.  118. 

347  Affected,  1894,  130  §  5;   1895,  337;   1896,  162  §  2,  308.     P.  S.  100. 

SoQ  Amended,   1891,   195.     Affected,   1894,   133  §   3,  522  §  80.    P.  S. 
119. 

360  Superseded,  1893,  367.     P.  S.  14. 

361  Superseded,  1893,  417  §  9.     P.  S.  100. 

372  Affected,  1891,  221.     Amended,  1893,  23.     P.  S.  29. 

374  §  2  in  part  repealed,  1891,  235.     (See  Res.  1894,  14,  94;   1895,  62, 

104;   1896,  80.)     P.  S.  4,  21. 

378  Superseded,  1894,  522  §  64.     P.  S.  119. 

391  See  1892,  186,  188;   1893,  55,  172;   1896,  268.     P.  S.  91. 

393  See  1890,  321.     P.  S.  105,  161. 

394  See  1892,  404,  438;   1894,  532;   1895,  39,  490.     P.  S.  5. 

395  Repealed,  1896,  279.      (See  1892,  184  ;  1894,  62.)     P.  S.  30. 
398  Extended,  1889,  434;   1895,  350,  420.     P.  S.  54,  109. 

401  Affected,  1892,  289.     P.  S.  161,  171. 

402  §  2  superseded,  1896,  490.     P.  S.  17. 

404  Repealed,  1893,  417.      (See  1890,  423 ;   1892,  351.)     P.  S.  6. 

406  Affected,  1890,' 387 ;   1897,  247;   1898,  562  §  89.     P.  S.  157. 

408  Superseded,  1893,  333.     (See  1890,  255.)     P.  S.  221. 

412  In  part  superseded,  1893,  455,  456;   1894,  370.     P.  S.  221. 

413  Repealed,  1893,  417.     (See  1890,  219,  386,  423,  436;   1891,  10,  31, 

74,  155,  238,  256,  270,  305  ;  1892,  124,  279,  316,  368,  406;   1893, 
351.)     P.  S.  7,  9. 

414  Affected,  1891,  307;   1892,  53.     §  4  amended,  1890,  251.     §§  6,  16 

amended,   1891,  158;   1898,  433  §  28.      §   15  partially  repealed, 

1893,  256.     §  18  affected,  1893,  423.     (See  1896,  482  ;  1898,  438.) 
P.  S.  87. 

415  §  3  amended,  1890,  128.     §  6  limited,  1893,  62.     §  7  extended,  1891, 

313.      (See  1891,  271,  407;    1894,   184;    1895,  308;    1897,  382, 
466  )     P.  S.  162. 

416  Repealed,  1892,  318  §  16.      (See  1891,  194.)     P.  S.  48,  80. 

417  Repealed,  1895,  394.     P.  S.  157. 

418  Superseded,  1892,  230;   1893,  431;   1895,  364.     P.  S.  158. 

419  Amended,  1894,  266.     P.  S.  28. 

422     Repealed,  1894,  498.     (See  1890,  309  ;   1891,  426  ;   1892,  62.)     P.  S. 

48. 
427     Repealed,  1895,  311.      (See  1884,  330  ;   1889,452;   1890,329;   1891, 

233,  275;   1893,  303.)     P.  S.  105,  118. 
434     Extended,  1895,  350.     (See  1895,  420.)     P.  S.  109. 


1020  Changes  in 

Statutes   of  1889  —  Concluded. 
Chap. 

439  Affected,  Res.  1891,  108;  St.  1892,  68,  251 ;   1897,80,  81,  83;  1898, 

424.  Extended,  1895,  406.  §  4  amended,  1890,  270.  §  12 
affected,  1890,  94.  (See  1891,  192;  1894,  307;  1895,  294.) 
P.  S.  50,  80. 

440  Repealed,  1894,  393.     (See  1890,  50,  97,  126,  423  §  118;   1891,  76, 

191,  193,  292;   1892,   262;   1893,  70,  108,   223,  438;   1894,  200.) 
P.  S.  4. 
442     Amended,  1890,  427  §  2.     Affected,    1893,   340;   1897,   522;   1898, 
457.      (See  1898,  514.)     P.  S.  176. 

449  In  part  repealed,  1894,  317.     P.  S.  116. 

450  Repealed,  1892,  419.     P.  S.  104. 

451  Repealed,  1894,  444.      (See  1891,  229.)     P.  S.  35,  216. 

452  Affected,   1890,   242,310,329;    1891,  403;    1893,   230;   1896,    286. 

P.  S.  117. 

454  §  5  affected,  1894,  309.     P.  S.  102,  161. 

456  Repealed,  1892,  402.     (See  1890,  346.)     P.  S.  50. 

459  Repealed,  1896,  401.     P.  S.  153,  167. 

461  Repealed,  1896,  412.     (See  1895,  256.)     P.  S.  152. 

462  Affected,  1890,  420;  1893,  118.     P.  S.  139. 

463  See  1894,  407;   1895,  141.     P.  S.  221. 

464  Repealed,  1894,  498  §  30.     (See  1890,  384;   1891,  317,361;   1894, 

188.)     P.  S.  47. 
466     Superseded,  1895,  288.     P.  S.  144. 
469     Affected,  1890,  440;   1891,  325.     P.  S.  199. 
471     §  4  superseded,  1892,  380.     P.  S.  159. 
473     Repealed,  1896,  517.     (See  1895,  501.)     P.  S."  21,  74. 
Res.  104.     Added  to,  Res.  1892,  26 ;   1895,  28. 

Statutes  of  1890. 

26     Superseded,  1894,  522  §§  42-44.     (See  1891,  289.)     P.  S.  119. 

44     Repealed,  1894,  317.     P.  S.    116. 

48     Repealed,    1894,    508.      (See    1890,   299;    1891,    317;    1894,    498.) 

P.  S.  48,  78. 
50     Repealed,  1894,  393.     P.  S.  4. 
58     §   2.     Amount  increased,   1891,  54;    1894,    245.      (See  1898,  433.) 

P.  S.  16. 

70  Superseded,  1894,  433.     P.  S.  207. 

71  Superseded,  1898,  354.     P.  S.  84. 
78     Superseded,  1896,  277.     P.  S.  117. 

83  Repealed,  1894,  481.     (See  1893,  111.)     P.  S.  104. 

90  Repealed,  1894,  508.     P.  S.  74. 

93  Superseded,  1893,  479.     P.  S.  154. 

95  Superseded,  1891,  210.     P.  S.  20. 

97  Affected,  1894,  393  §  7.     P.  S.  31. 

102  Affected,  1891,  188.     (See  1893,  302.)     P.  S.  80. 

104  Affected,  1895,  462.     (See  1893,  443;   1894,  285.)     P.  S.  76. 


THE  Statutes.  1021 


Statutes   of  1890  —  Continued. 
Chap. 

105     See  1890,  259.     P.  S.  147. 
115     Superseded,  1893,  469.     P.  S.  158. 
1  •->•_>     Repealed,  1898,  410.     P.  S.  28. 
12G     §  1  amended,  1893,  70.     (See  1894,  393  §  7.)     P.  S.  4. 

127  ^§  2,  4  apply  to  1893,  352.     §  3  affected,  1895,  75.     P.  S.  11. 

128  Affected,  1897,  382,  466.     (See  1891,  271,  313,  407  ;  1893,  62 ;   1894, 

184;   1895,  308.)     P.  S.  162. 
132     See  1895,  227;   1897,  116.     P.  S.  50. 

137     §  1.    See  1898,  219.     §  2  in  part  superseded,  1892,  249.    P.  S.  103. 
141     Repealed,  1897,  153  §  14.     (See  1890,  380.)     P.  S.  23. 
143     Superseded,  1892,  295.     P.  S.  23. 
154     See  1890,  451.     P.  S.  167. 

157  See  1890,  210  §  9.     P.  S.  20. 

158  §  1  amended,  1891,  174.     P.  S.  24. 

159  See  1894,  83  §  3.     P.  S.  63. 

160  Affected,  1891,360;  1898, 507  §3.    §  3  extended,  1894,  484.    P.  S.  13. 
168     Repealed,  1894,  317.     P.  S.  116. 

173     See  1891,  204.     P.  S.  112. 

175     Repealed,  1893,  417.     (See  1890,  423  §  155.)     P.  S.  7. 

179  Repealed,  1894,  481.     P.  S.  104. 

180  See  1890,  278;   1894,  214,   249;   1895,  273;   1898,  393  §  7.     P.  S. 

219. 
183     Affected,  1894,  508.     §  1  amended,  1892,  83.     (See  1892,  352,  357.) 
P.  S.  48,  74. 

192  Amount  increased,  1893,  344;   1895,  459;   1898,  332.     P.  S.  158. 

193  §  2  amended,  1891,  138.     Affected,  1895,  277.     P.  S.  91. 

196  Affected,    1896,  190.     §   2   amended,   1891,  49;    1892,    147.     (See 

1893,  78,  403;   1897,  254,  428.)     P.  S.  54. 

197  Amended,  1892,  129.     P.  S.  13. 

198  Affected,  1896,  384.     P.  S.  22. 

199  See  1891,  341;   1894,  541;   1895,  311;   1896,  369.     P.  S.  106. 
201     Superseded,  1892,  187.     P.  S.  159. 

204     Affected,  1890,  215.     (See  1893,  .396  §  9.)     P.  S.  154,  155. 
206     §  1  amended,  1897,  128  §  4.     Affected,  1897,  129,  153.     (See  1895, 
482;   1896,  357;   1898,  317,  432.)     P.  S.  23. 

209  Affected,  1891,  87.     P.  S.  199. 

210  See  1897,  437  §  7.     P.  S.  32. 
213     See  1892,  286.     P.  S.  26. 

215  See  1893,  148;   1896,  443  §  6.     P.  S.  24,  25. 

216  Extended,  1894.  183.     P.  S.  23. 

218  Affected,  1891,  236.      (See  1890,  440;    1891,  325,  416.)     P.  S.  159, 

217. 

219  Repealed,  1893,  417,  §  106.     (See  1890,423  §§  75,  109,  118;   1891, 

256.)     P.  S.  7. 
•222     Repealed,  1894,  317  §  17.     P.  S.  116. 
223     Repealed,   1893,  417  §§  68,  203,  204.      (See  1890,  423  §§  46,  228; 

1892,  351  §  35.)     P.  S.  6. 


1022  Changes  in 


Statutes   of  1890  —  Continued. 
Chap. 

224     Superseded,  1893,  396  §  29.     P.  S.  154,  184. 
227     Repealed,  1897,  439  §  14.     P.  S.  37. 

229  Repealed,  1891,  327.     P.  S.  91. 

230  Amended,  1890,  395.     Affected,  1891,  220;   1895,  213;   1896,   332; 

1897,  428.     P.  S.  102. 

239  Affected,  1895,  402.     §  1  amended,  1893,  112.     P.  S.  15. 

240  Affected,  1893,  300,  §  6.     P.  S.  27,  28. 

242  Affected,  1891,  65.     P.  S.  11. 

243  Affected,  1890,  310;   1891,  403;   1896,  286;   1897,  161.     P.  S.  117. 
247     Superseded,  1894,  .522  §  4.     P.  S.  119. 

249     Superseded,    1894,    205.      (See    1891,    142;     1893,    105,    189,    398; 
1894,  102.)     P.  S.  92. 

251  Affected,  1891,  158.     (See  1892,  53.)     P.  S.  87. 

252  §  1  amended,  1892,  67.     P.  S.  61. 

254     Repealed,  1893,  417  §  289.     (See  1891,  236.)     P.  S.  27. 

261     §  3  affected,  1895,  116;   1897,  135.     P.  S.  156. 

278     See  1894,  214,  249;   1895,  273;   1898,  393  §  7,  433,  443.     P.  S.  88, 

219. 
284     Added  to,  1890,  452.     P.  S.  212. 

293  Amended,  1891,  122.     P.  S.  91. 

294  Affected,  1897,  342.     P.  S.  159. 

298  Repealed,  1894,  317  §  21.     P.  S.  116. 

299  Repealed,  1894,  508.     (See  1892,  352.)     P.  S.  48. 
302     See  1896,  381.     P.  S.  2. 

304  Superseded,  1894,  522  §§  7,  82.     P.  S.  119. 

305  Repealed,  1890,  423  §  228.     P.  S.  6,  27. 

306  In  part  superseded  and  extended,  1895,  175;   1898,  477.     P.  S.  20. 

307  Repealed,  1894,  481.     (See  1894,  341.)     P.  S.  104. 

308  Affected,  1897,  128  §  1 ;   1898,  264.     P.  S.  22. 

309  Repealed,  1894,  498.     (See  1891,  426;  1892,  62.)     P.  S.  48. 

310  Affected,  1891,  403;   1897,   161.     §  2  in  part  repealed,   1896,  286. 

P.  S.  117. 

315  Affected,  1893,  114;   1896,  423.     (See  1892,  327.)     P.  S.  118. 

316  See  1892,  313.     P.  S.  220. 

321     §  1  affected,  1897,  124.     P.  S.  157. 

326     Affected,  1894,  462,  476,  543  ;   1895,  316  §  3  ;   1896,  409  ;   1897,  337. 

(See  1893,  315.)     P.  S.  113. 
331     See  1891,  288;   1892,  168,  370;   1894,  537.     P.  S.  12. 
335     See  Res.  1894,  90.     P.  S.  41. 
341     Superseded  in  part,  1894,  367.      (See  1890,  400,  421 ;   1891,  163,  233, 

360;   1892,  40,  201,  372,  435  ;   1893,  47,  321,  418  ;  1894,  60,  328.) 

P.  S.  115,  119. 

346  Repealed,  1892,  402.     P.  S.  50. 

347  Affected,  1892,  255  ;   1897,  134.     P.  S.  40. 

353  §  1  affected,  1891,  325;   1892,  200  §  3.     P.  S.  199. 

354  §  2  in  part  superseded,  1892,  407.     P.  S.  86. 

355  Amended,  1890,  405.     P.  S.  29. 


THE  Statutes.  1023 

Statutes   of  1890  —  Continued. 
Chap. 

358  See  1898,  98,  137.     P.  S.  80. 

359  Extended,  1893,  396  §  59.  P.  S.  154. 
3G0  Repealed,  1891,  87  §  2.  P.  S.  199. 
361  Repealed,  1891,  366.  P.  S.  113. 

365  Repealed,  1891,  179  §  5.  P.  S.  28. 

368  See  1894,  548  ;  1897,  500.  P.  S.  113. 

369  Repealed,  1894,  317.  P.  S.  116. 

370  Amended,  1898,  487.  P.  S.  146. 

371  In  part  repealed,  1894,  501.  P.  S.  109. 

374  Amended,  1895,  372.  (See  1891,  379  §  3.)  P.  S.  159. 

375  Superseded,  1894,  508.  (See  1891,  350;  1893,  406.)  P.  S.  74. 

379  Superseded,  1898,  466.  (See  1891,272;  1893,  200  §4;  1894,58.) 

P.  S.  44. 

380  §  1  superseded,  1897,  153.     §  3  amended,   1897,   129.     (See  1893, 

270;   1897,  128,  130;   1898,  432.)     P.  S.  23. 

381  Repealed,  1893,  417  §  322.     P.  S.  7. 

382  Affected,  1892,  228.     (See  1895,  426.)     P.  S.  112. 

383  Affected,  1895,  404.     P.  S.  191. 

384  Repealed,  1894,  188,  498.     (See  1891,  317,  361.)     P.  S.  47. 

385  Affected,  1892,  382.     P.  S.  74. 

386  Repealed,  1893,  417.     (See  1890,436;   1891,  10,  31,  32,  74,  155, 

270,  278,  305;    1892,  51,   190,   351;    1893,  87,  177,  349,  351.) 
P.  S.  7,  27. 

387  Affected,  1897,  247.     P.  S.  157. 
390     §  3  amended,  1898,  205.     P.  S.  91. 

392  Repealed,  1897,  439  §  14.     P.  S.  37. 

393  Repealed,  1893,  417.     P.  S.  7. 

394  Repealed,  1894,  317.     P.  S.  116. 

395  Affected,  1891,  220;   1895,  213;   1896,  332;  1897,  428.     P.  S.  102. 
400  Superseded,  1894,  367  §  8.     (See  1890,421;   1891,  16^,  360;   1892, 

201,  435;   1893,  47,  418;   1894,  60,  328.)     P.  S.  115,  119. 

402  Repealed,  1897,  444  §  31.  (See  1892,  305;  1894,  402.)  P.  S.  32. 

403  See  1890,  410.  P.  S.  203. 

404  Affected,   1895,  228,  350.     (See  1891,  370;   1892,274;  1896,338; 

1897,  416;   1898,  268.)     P.  S.  61,  109. 
406     Extended,  1891,  171.     P.  S.  13. 
408     See  1893,  379.     P.  S.  144. 
414     §  2  amended,  1898,  433  §  28.     (See  1891,  158 ;   1892,  53,  229  ;   1895, 

390.)     P.  S.  87. 
416     Affected,  1892,  428;  1895,  497;   1896,  183;   1898,  515.     P.  S.  102, 

192. 

419  §  2  repealed,  1890,  423  §  222.  (See  1891,  32;  1893,  417,  §  116; 

1895,  285;  1898,  577.)  P.  S.  7,  27. 

420  Affected,  1893,  372.     P.  S.  156. 

421  Affected,  1892,  201,  435;   1894,  367,  381,  522  §  3 ;   1895,  104,  281, 

340;    1896,    102,   515.      §    13   amended,    1896,   515   §   6.      §   20 
amended,  1895,  263  ;  1896,  515  §  7.     (See  1892,  372.)    P.  S.  119. 


1024  Changes  in 

Statutes   of  1890 — Concluded. 

Chap. 

423  Repealed,  1893,  417.  (See  1891,  31,  32,  155,  256,  264,  269,  270, 

277,  278,  286,  290,  305,  314,  328,  329,  395;  1892,  51,  115,  124, 
190,  224,  279,  316,  332,  351,  368,  405,  406,  416,  431;  1893,  39, 
146,  307,  308.)  P.  S.  6,  7,  27. 

425  Superseded,  1893,  367.     (See  1891,  232  §  5.)     P.  S.  14. 

426  Affected,  1897,  443.     P.  S.  65. 

427  Affected,   1893,  340;  1897,  522;  1898,  457.      (See  1898,  514,  562 

§  85.)     P.  S.  176. 

428  Affected,  1892,  178;  1893,  424;  1895,  103;  1898,  200.  Extended, 

1897,  264.  Not  affected  by  1891,  170.  §  1  extended,  1891,  33 
§  2;  1894,  216-;  amended,  1891,  262.  §  2  amended,  1891,  33. 
§  4  amended,  1892,  312.  §  5  added  to,  1891,  123.  §  7  super- 
seded, 1898,  538.  (See  1893,  283;  1894,  545;  1896,  439  §  3.) 
§  10  amended,  1896,  439.  (See  1892,  228  ;  1893, 179  ;  1898,  404.) 
P.  S.  112. 

431  Repealed,  1895,  209.  (See  1893,  405  §§  2,  5;  1894,  261.)  P.  S. 
157. 

436  Repealed,  1893,  417  §  345.  (See  1891,  10,  31,  32,  74,  155,  270, 

278,  305;  1892,  406;  1893,  351.)  P.  S.  7. 

438  Repealed,  1894,  481.     (See  1891,  261.)     P.  S.  104. 

439  §§  1,  2  amended,   1893,  226;   1894,  542.     P.  S.  115. 

440  Affected,  1891,  236,  325,  392,  416.     §  5  repealed,  1891,  416.     §§  2, 

6-9  affected,  1898,  204.  (See  1893,  396  §§  9,  49;  1897,  245.) 
§  11  amended,  1891,  70.     P.  S.  22,  25,  154,  155,  199,  217. 

441  Repealed,  1897,  510.     (See  1896,  252.)     P.  S.  80. 

447  Affected,    1893,   237;   1894,   301;    1898,   356,   561.     §    1   amended, 

1893,  279.     P.  S.  27,  30. 

448  §  9  repealed,  1894,  525.     P.  S.  68. 

449  §  2  amended,  1891,  144.     P.  S.  67. 

450  Affected,    1891,    274;    1892,    177;    1894,    375.     (See    1893,    401.) 

P.  S.  35. 
456     Affected,  1894,  298;   1896,  342.     §§  1,  2,  3,  6  amended,  1891,  223. 
§  1  amended,  1895,  410.     P.  S.  2. 
Res.  55.     Extended,  St.  1891,  372  §  2.     P.  S.  221. 
Res.  58.     See  Res.  1895,  54. 
Res.  67.     See  St.  1891,  15;   1893,  367  §  167. 
Res.  73.     See  Res.  1891,  70;   1893,  87;   1895,  106.     P.  S.  1. 

Statutes  of  1891, 

10     Repealed,  1893,  417.      (See  1891,  155;   1892,  51;   1893,  87.)     P.  S. 

7,  27. 
15     Extended,  1894,  27,  117.     P.  S.  203. 

31  Repealed,  1893,  417.     (See  1893,  87.)     P.  S.  27. 

32  Repealed,  1893,  417.     P.  S.  27. 

33  Affected,  1891,  262;   1895,  103;   1897,  264.     (See  1892,  312 ;   1893, 

283;  1898,  404.)     P.  S.  112. 


THE  Statutes.  1025 

Statutes   of  1891 — Continued. 

Chap. 

49  Affected,   1892,  147;   1896,  190.     (See  1893,  78,  403;   1897,  254, 

428.)     P.  S.  54. 

54  Superseded,  1894,  245.     P.  S.  16. 

58  Affected,  1891,  412.     §  1  amended,   1894,  280  §   6;   1896,  377  §  1. 

P.  8.  56,  57. 

65  See  1894,  220.     P.  S.  11. 

70  Superseded,  1893,  396  §  1.     (See  1891,  325.)     P.  S.  154. 

74  Repealed,  1893,  417.     P.  S.  7. 

76  Superseded,  1894,  393  §  7.     P.  S.  4. 

79  Superseded,  1893,  288.     P.  S.  22. 

80  Superseded,  1892,  399.     P.  S.  22. 
84  Affected,  1898,  425  §  5.     P.  S.  86. 
87  Affected,  1898,  204  §  3.     P.  S.  199. 

90  §  1  superseded,  1898,  425  §  5.     P.  S.  84. 

91  Superseded,  1893,  469.     P.  S.  158. 

97     Amended,  1893,  380;   1897,  274.     (See  1892,  245,  402;  1893,  65; 

1894,528;   1895,117,127,227;  1896,236,251,359;   1897,138.) 

P.  S.  50. 
99     Repealed,  1898,  496  §  36.     P.  S.  44. 
107     Superseded,  1894,  336.     P.  S.  154. 

113     In  part  superseded,  1894,  297.     (See  1895,  424.)     P.  S.  17. 
116     Extended,  1893,  149;   1898,  353.     P.  S.  11. 
123     Affected,  1892,  178.     (See  1892,  312  ;  1894,  216  ;  1897,  264  ;   1898, 

200.)     P.  S.  112. 
125     Repealed,  1892,  410.     P.  S.  74. 
138     Affected,  1895,  277.  .  P.  S.  91. 
142     §  1  repealed,    1894,   205.      (See   1893,105,   189,  398;   1894,    102.) 

P.  S.  92. 
153     Amended,  1898,  391.     P.  S.  86. 
155     Repealed,  1893,  417.      (See  1891,  278.)     P.  S.  27. 

158  Affected,  1892,  53.     §  2  amended,  1898,  433  §  28.     P.  S.  87. 

159  See  1894,  329  §  4.     P.  S.  44. 

161  Superseded,  1897,  318.     P.  S.  154. 

163  Superseded,  1894,  367  §  8.     (See  1891,  233;  1892,  40,  435;  1893, 

47;   1894,  60,  328.)     P.  S.  115,  119. 

170  §  3  affected,  1896,  158.     (See  1898,  351.)     P.  S.  51. 

174  See  1891,  234.     P.  S.    24. 

177  §  1  amended,   1893,  272.     P.  S.  43. 

179  Superseded,  1897,  419.     (See  1895,  186.)     P.  S.  28. 

180  Affected,  1891,  419;   1892,  348.      (See  1893,  376.)     P.  S.  160. 
185  Amended,  1891,  406.     In  part  repealed,  1898,  479.     P.  S.  81. 

187  See  1892,  430;   1898,  277,  334,  365.     P.  S.  23. 

188  See  1893,  302.     P.  S.  80. 

189  Added  to,  1893,  397.     P.  S.  106. 
191  Repealed,  1894,  393.     P.  S.  4. 

193  Repealed,  1894,  393.     P.  S.  4. 

194  Affected,  1892,  318;   1898,  433.     P.  S.  48,  80,  141. 


1026  Changes  rs" 

Statutes   of  1891  —  Continued. 
Chap. 

195  See  1894,  133  §  3,  522  §  80.     P.  S.  119. 

196  Affected,  1897,  179.     P.  S.  30. 
200  See  1895,  273.     P.  S.  215. 

209  See  1891,  228,   371;  1894,   451,  460;  1897,  412,   434,   480;  1898, 

259,  277,  393.     P.  S.  221. 

210  See  1893,  78.     P.  S.  20. 
216  See  1895,  136.     P.  S.  113. 

220  Affected,  1895,  213 ;   1896,  332.     P.  S.  102. 

221  Affected,  1893,  23.     P.  S.  29. 

223  Affected,  1894,  298  ;  1896,  342.     §  1  amended,  1895,  410.     P.  S.  2. 

224  Affected,  1892,  438  §  3.      (See  1895,  39.)     P.  S.  5. 

225  See  1892,  253.     P.  S.  22. 

228  See  1891,  371;  1894,  451,460;  1897,  412,  434,  480;  1898,  259, 

277,  307,  334,  365,  393.  P.  S.  220,  221. 

229  Affected,  1894,  444.     P.  S.  35,  216. 

232  Superseded,  1893,  367.      (See  1890,  425  §  12.)     P.  S.  14. 

233  Affected,  1893,  224;   1894,  522  §  94.     P.  S.  16,  119. 

235  See  Res.  1894,  14,  94;   1895,  62,  104;   1896,  80.     P.  S.  21. 

236  §  1  affected,  1891,  416.     §  2  affected,  1891,  392.     P.  S.  217. 

238  Repealed,  1893,  417.     P.  S.  7. 

239  Repealed,  1894,  508.     P.'S.  74. 

242  Repealed,  1892,  351  §§  17-19,  48.     P.  S.  6. 

254  Affected,  1892,  102  ;  1893,  105 ;   1898,  124.     P.  S.  92. 

256  Repealed,  1893,  417.     P.  S.  7. 

257  See  1891,  360;   1892,  198,  201;   1895,  104.     P.  S.  105. 

262  See  1892,  312;   1893,  283;   1895,  103;   1897,  264.     P.  S.  112. 

263  Superseded,  1894,  436.     P.  S.  44. 

264  Repealed,  1893,  417.     P.  S.  7. 

265  See  1894,  126.     P.  S.  38. 

266  Affected,  1898,  498.  P.  S.  19. 

269  Repealed,  1893,  417.  P.  S.  7. 

270  Repealed,  1893,  417.  (See  1892,  406.)  P.  S.  7. 

271  See  1891,  313,  407;  1893,  62;  1894,  184;  1897,  382,  466.  P.  S. 

162. 

272  Superseded,  1893,  200;  1894,  58.  P.  S.  44. 

274  Affected,  1892,  177.  (See  1893,  401 ;  1894,  375  ;  1898,  267.)  P.  S. 

35. 

275  Repealed,  1895,  311.  (See  1893,  303.)  P.  S.  118. 

277  Repealed,  1892,  351  §§  9,  10,  48.  P.  S.  6. 

278  Repealed,  1893,  417.  P.  S.  7. 

281  Repealed,  1897,  439  §  14.  P.  S.  37. 

286  Repealed,  1892,  351  §§4,  6,  48.  P.  S.  6. 

288  See  1892,  109,  168,  370.  P.  S.  12. 

289  Superseded,  1894,  522  §  38.  P.  S.  119. 

290  Repealed,  1892,  351  §  48.  P.  S.  6. 

291  Superseded,  1894,  522  §  60.  P.  S.  119. 

292  Repealed,  1894,  393.  P.  S.  4. 


THE  Statutes.  1027 

Statutes   of  1891  —  Continued. 
Chap. 

293  Affected,  1898,  490.     P.  S.  27. 

295  Extended,  1896,  344.     P.  S.  221,  222. 

300  lu  part  repealed,  1893,  130.     P.  S.  20. 

302  Repealed,  1894,  481.     (See  1891,  357  §  6.)     P.  S.  104. 

304  Affected,  1894,  461.     P.  S.  207. 

305  Repealed,  1893,  417.     P.  S.  7. 
309  Superseded,  1898,  278.     P.  S.  69. 

313  See  1891,  407;   1893,  62;   1897,  387,  466.     P.  S.  162. 

314  Repealed,  1893,  417.     P.  S.  7. 

315  Affected,  1893,  99.     P.  S.  22,  190. 

317  Repealed,  1894,  508.     (See  1894,  188,  498.)     P.  S.  47,  74. 

318  Superseded,  1893,  469.     P.  S.  158. 

823  Aft'ected,  1892,  401 ;  1895,  494  ;  1897,  166, 167,  319,  394  ;  1898,  210, 
298.  (See  1893,  437.)  P.  S.  50.  §§  2,  5,  9  amended  and  §§  8, 
10,  11,  14  superseded,  1892,  418  ;  1896,  237.  §  16  amended,  1892, 
418  §  9  ;  1898,  252.  §  17  superseded,  1898,  566.  (See  1892,  415, 
418  §  10.)     P.  S.  49. 

325     Affected,  1893,  396  §  1.     (See  1892,  200.)     P.  S.  199. 

327  See  1893,  205;   1898,  169.     P.  S.  91. 

328  Repealed,  1893,  417.     (See  1892,  431 ;   1893,  146,  308.)     P.  S.  7. 

329  Repealed,  1893,  417.     (See  1893,  307.)     P.  S.  7. 
336     Repealed,  1893,  417.     P.  S.  27. 

340  Repealed,  1897,  439  §  14.     P.  S.  37. 

341  §  1  affected,  1895,  157;   1897,  492.     §  2  repealed,  1894,  541.     (See 

1895,  311;  1896,  369.)     P.  S.  105,  106. 
343     Affected,  1898,  433.     P.  S.  84,  87. 

349  See  1892,  416;  1893,  376,  417  §§  226-246,  344.     P.  S.  205. 

350  Repealed,  1894,  508.     (See  1893,  406.)     P.  S.  74. 

351  Repealed,  1895,  463.     P.  S.  61. 

355  Extended,  1896,  313  ;  1897,  379.     P.  S.  104. 

356  Affected,  1891,  427;  1892,  276;   1894,  229,  368,  372;   1897,  266. 

§  1  amended,  1892,  242.     Extended,  1898,  511.     (See  1892,  303.) 
P.  S.  212. 

357  Repealed  except  §  6,  1894,  508.      (See  1892,  296  ;   1893,  246  ;   1898, 

150,  261.)     P.  S.  80. 

360  Amended,  1892,  198.     Restricted,    1892,  201.     Affected,  1895,  104. 

§  3  affected,  1896,  523.     P.  S.  105. 

361  Repealed,    1894,    498.      (See    1891,    426;    1892,    62;    1894,    188.) 

P.  S.  47. 

362  In  part  repealed,  1895,  469  §  4.     P.  S.  153. 

365  Commission  dissolved,  1892,  424,     P.  S.  113. 

366  Repealed,  1895,  378.     P.  S.  113. 

367  See  1898,  155.     P.  S.  85. 

368  Repealed,  1894,  137.     (See  1892,  47.)     P.  S.  119. 

370  Affected,  1892,  259;  1893,454;  1894,  182,  448,  533;  1895,  228, 
3.50,  420;  1896,  356,  426,  480.  §  12  amended,  1893,  454;  1894, 
538.     P.  S.  27,  28,  61,  106,  109. 


1028  Chak^ges  rs^ 

Statutes   of  1891 — Concluded. 
Chap.' 

371  Affected,  1897,  412,  434,  480.     (See  1898,  393.)     P.  S.  221. 

372  Superseded,  1892,  267.     P.  S.  219,  221. 
375     Affected,  1894,  397.     P.  S.  16. 

379     §  2  amended,   1894,  204.     §  4  limited,  1893,  365.     §   10  amended, 
1893,  324.     (See  1893,  394.)     P.  S.  17,  152. 

395  Repealed,  1893,  417.     P.  S.  6. 

396  In  part  repealed,  1896,  519.     P.  S.  9. 

402  Affected,  1893,  124.     (See  Res.  1891,  4.)     P.  S.  44. 

403  Affected,  1896,  286.     P.  S.  117. 

404  See  1892,  347.     P.  S.  35. 

405  §  1  amended,  1893,  311.     Affected,  1897,  232.     P.  S.  3. 

406  See  1898,  479.     P.  S.  81. 

407  See  1894,  184;  1897,  382,  466.  P.  S.  162. 

411  See  1898,  104.  P.  S.  15. 

412  §§  1,  2,  4,  9  amended,  1894,  280.     §  5  amended,  1896,  377  §  2.     §  8 

partially  repealed,   1895,  214.     Affected,   1892,  139.      (See  1897, 
349.)     P.  S.  20,  56,  57. 
415     §  3.     See  1895,  116.     P.  S.  156. 

419  Affected,  1892,  348.      (See  1893,  376.)     P.  S.  154,  160. 

420  See  1895,  400.     P.  S.  80. 

425  Affected,    1893,   432.     Limited,    1895,    307 ;    1896,    108.      §§   4,  9 

amended,  1895,  430.     §  12  amended,  1892,  379.     P.  S.  11,  136. 

426  Repealed,  1894,  498.     (See  1892,  62.)     P.  S.  47. 

427  Affected,  1892,  160,  200,  242;   1894,  229,  368.     §§  2,  3  repealed, 

1893,  414.     §  5  amended,  1892,  303  ;   1893,  447.     P.  S.  207. 
Res.  60.     See  1895,  363;   1898,  311.     P.  S.  4. 

Res.  70.     See  Res.  1893,  87;   1895,  106.     P.  S.  1. 

Statutes  of  1893. 

16  Superseded,  1897,  188.  P.  S.  15. 

40  Superseded,  1894,  367  §  10.  (See  1892,  435;  1893,  47,  321,  418; 

1894,  60,  328.)  P.  S.  115,  119. 
47  Repealed,  1894,  137.  P.  S.  119. 

61  Repealed,  1893,  417.  P.  S.  27. 

53  §  1  repealed,  1898,  438  §  2.  (See  1892,  229;  1894,  195;  1895, 
286,  429;  1898,  433.)  P.  S.  87. 

62  Repealed,  1894,  498.  (See  1894,  188.)  P.  S.  47. 

83  Repealed,  1894,  508  §  12.  (See  1892,  352,  357.)  P.  S.  74. 

87  In  part  superseded,  1893,  153.  (See  1895,  393,  480.)  P.  S.  159. 

96  Superseded,  1895,  90.  P.  S.  11. 

102  See  1893,  105.  P.  S.  92. 

107  §§  1,  3,  5  amended,  1895,  246.  P.  S.  159. 

109  See  1892,  168,  370;  1894,  537.  P.  S.  12. 

115  Repealed,  1893,  417.  (See  1893,  39.)  P.  S.  7,  10. 

116  See  1898,  G5.  P.  S.  141. 

124  Repealed,  1893,  417.  P.  S.  15. 


THE  Statutes.  1029 


Statutes  of  1893  —  Continued. 
Chap. 

133  See  1893,  404,  452;  1894,  68,  330,  424;  1896,  459;  1897,  478. 

P.  S.  159. 
143  Superseded,  1898,  459.  P.  S.  20. 

147  See  1893,  78,  403;  1896,  190.  P.  S.  54. 

148  In  part  superseded,  1893,  396  §  17.  P.  S.  154. 

159  Extended,  1894,  127;  1895,  373;  1896,  490.  P.  S.  17. 

160  See  1892,  200,  242,  203;  1893,  414,  447.  P.  S.  207. 
168  See  1892,  370.  P.  S.  12. 

177  §  3  amended,  1894,  375.  (See  1893,  401  ;  1898,  267.)  P.  S.  35. 

184  Repealed,  1896,  279.  (See  1894,  62.)  P.  S.  30. 

187  See  1896,  218.  P.  S.  159. 

188  Construed,   1893,  255.     Afifected,  1896,  268.     §  4  amended,  1893, 

55.     P.  S.  91. 

190  Repealed,  1893,  417.     P.  S.  7. 

192  See  1894,  462.     P.  S.  113. 

195  Repealed,  1894,  491.     (See  1892,  432 ;   1893,  306.)     P.  S.  58,  90. 

198  See  1892,  201 ;   1895,  104.     P.  S.  106. 

200  See  1892,  303  ;   1893,  414,  447.     P.  S.  207. 

201  Superseded,  1895,  104.     P.  S.  106. 

202  See  1893,  379.     P.  S.  158. 

210  Repealed,  1894,  508.  P.  S.  74. 

224  Repealed,  1893,  417.  P.  S.  7,  27. 

228  See  1895,  426.  P.  S.  113. 

229  Repealed,  1895,  286.     (See  1894,  493.)     P.  S.  87. 

230  Amount  increased,  1893,  431;   1895,  364;   1897,  317.     P.  S.  158. 
233  See  1895,  424.     P.  S.  17. 

238     Superseded,  1893,  367.     P.  S.  14. 

242  See  1892,  276;   1894,  229,  372;  1898,  511.     P.  S.  212. 

243  Amended,  1895,  375;   1898,  196.     P.  S.  87. 

245  Affected,  1894,  528;  1895,  117,  227;  1897,  138,  151.  §  7  affected, 
1896,  269;  1898,  526.  §  8  amended,  1895,  127.  (See  1893,  65, 
380;   1896,  236,  251.)     P.  S.  29,  50. 

248     Repealed,  1894,  317.     P.  S.  116. 

253     §  2.  *  See  1895,  493  §  3.     P.  S.  24,  199. 

259  Affected,   1893,   454;    1894,    182,    448,    553  §  3 ;    1896,  356,  426. 

P.  S.  27,  28,  61. 

260  Amended,  1893,  359;  1897,  491.   (See  1894,  499;  1895,  362  §  7.) 

P.  S.  74. 

262  §  2  affected,  1893,   148 ;   1894,  393  §   7 ;   1896,  443  §   6.     P.  S.  15, 

25,  100. 

263  Affected,  1896,  356,  426.     P.  S.  61,  109. 

268     In  part  superseded,  1893,  396  §  55.     P.  S.  154. 

270  See  1896,  444.     P.  S.  74. 

271  Superseded,  1896,  526.  P.  S.  152. 

274  See  1895,  228,  350;  1896,  338.  P.  S.  109. 

276  Repealed,  1897,  266.  (See  1894,  229,  372.)  P.  S.  154,  212. 

279  Repealed,  1893,  417.  P.  S.  9. 


1030  Chan^ges  hn^ 

Statutes   of  1893  —  Continued. 
Chap. 

280     §  1  amended,  1896,  440.     P.  S.  100. 
287     Repealed,  1893,  86.     P.  S.  5. 

289     Affected,  1897,  463;   1898,  562,  §  80.     P.  S.  126,  171. 
291     Superseded,  1894,  279  §  9.     P.  S.  30. 

295  Superseded,  1898,  330.     P.  S.  23. 

296  Repealed,  1894,  508.     (See  1893,  246.)     P.  S.  74,  80. 
300     Affected,  1894,  409  ;   1896,  306 ;  1897,  424.     P.  S.  145. 
303     Amended,  1893,  447.     P.  S.  221. 

305  Repealed,  1897,  444  §  31.     (See  1894,  402 ;   1897,  439  §  14.)     P.  S. 

32. 

312  See  1893,  283;   1894,  216;  1895,  103;   1897,  264.     P.  S.  112. 

314  Affected,  1894,  206.     P.  S.  32. 

316  Repealed,  1893,  417.     P.  S.  7. 

318  Affected,  1895,  310  §  2;   1898,  433,  483.     P.  S.  48,  102,  103. 

327  See  1893,  114;  1896,  423;   1897,  304.     P.  S.  118. 

330  Repealed,  1894,  508.     (See  1894,  437.)     P.  S.  74. 

332  Repealed,  1893,  417.     (See  1892,  368.)     P.  S.  7. 

333  §  3  amended,  1898,  67.     P.  S.  37. 

337  §§  1-3  revised,  1894,  377.     (See  1894,  527  §  2;   1898,  131.)     P.  S. 

156,  158. 

338  See  1894,  497;  1895,  547.  P.  S.  49. 
342  See  1893,  407.  P.  S.  80. 

347  See  1893,  401.  P.  S.  35. 

351  Repealed,  1893,  417.     (See  1893,  209.)     P.  S.  6. 

352  Repealed,  1894,  508.     (See  1892,  357.)     P.  S.  74. 

353  §  2  amended,  1893,  51.     (See  1892,  378;   1898,  172.)     P.  S.  103. 
857  Repealed,  1894,  508.     P.  S.  74. 

359  See  1895,  394.     P.  S.  157. 

361  See  1894,  160,  270,  406.     P.  S.  212. 

366  Affected,  1893,  367  §  29;   1894,  312;   1896,  182;   1898,  183.     P.  S. 

14. 

368  Repealed,  1893,  417.     P.  S.  7. 

370  §  1.     See  1893,  423  §  17.     P.  S.  27. 

372  Superseded,    1894,  522   §   73.     (See   1893,   434;  1894,   120,   225.) 

P.  S.  119. 

374  Affected,  1893,  424.     P.  S.  112. 

379  See  1893,  432  ;  1895,  307.     P.  S.  135. 

388  See  1895,  419.     P.  S.  99. 

401  Affected,  1893,  437  ;   1894,  82  ;   1895,  297,  494  ;  1898,  210.     P.  S.  50. 

402  Affected,  1895,  297,  494;   1896,  237,  359.     §  3  amended,  1894,  256. 

§  6  amended,  1894,  227.     P.  S.  50. 

403  Repealed,  1893,  183.     P.  S.  91. 

404  See  1892,  438;  1893,   129,  450;   1894,  532;   1895,  39,  490;   1896, 

531;   1897,  223.     P.  S.  5. 

405  Repealed,  1893,  417.  (See  1893,  146.)  P.  S.  7. 

406  Repealed,  1893,  417  §§  92-95.  P.  S.  7. 

409  §^  1,  2  amended,  1895,  419  §§  7,  8.  P,  S.  99. 


THE  Statutes.  1031 

Statutes   of  1893  —  Concluded. 
Chap. 

410  Repealed,  1894,  508.     P.  S.  74. 

411  Does  not  apply  to  1894,  326.     Amended,  1898,  545.     P.  8.  192. 
416     Repealed,  1893,  417.     (See  1893,  376.)     P.  S.  7,  160. 

418  Affected,  1895,  494;   1898,  210.     §§  6,  7,  10  superseded,  1898,  566. 

(See  1896,  237.)     §  9  amended,  1898,  252.     P.  S.  49. 

419  Amended,  1893,  170,  464  ;   1894,  443.     §§  17,  22,  24,  42,  58,  86,  105, 

107,  108  amended,  1897,  413.  §  23  amended,  1898,  308.  §  24 
amended,  1898,  228.  §  36  amended,  1896,  416;  1898,  209.  §  55 
amended,  1895,  280;  1898,  284.  §  81  amended,  1895,  314.  §  82 
amended,  1897,  310.  (See  1893,  293.)  §  106  superseded,  1895, 
97.  §  111  amended,  1896,  520.  §  115  amended,  1897,  300  §  2. 
§§  116-119  revised,  1897,  175.  §  125  amended,  1893,  279.  (See 
1894,  257,  319,  414;   1895,  239.)     P.  S.  104. 

425  See  1893,  395;  1894,  391,  465,  526;  1895,  399.  Res.  1896,  41. 
P.  S.  87. 

428     Limited,  1898,  577  §  11.     P.  S.  77,  192. 

430  See  1898,  277,  334,  365.     P.  S.  219. 

431  Repealed,  1893,  417.      (See  1893,  146,  308.)     P.  S.  7. 

432  Repealed,  1894,  491.      (See  1893,  306  §  5.)     P.  S.  58. 

433  Affected,  1893,  424.     §  4  amended,  1894,  467.     P.  S.  112. 

435     See  1893,  47,  418;   1894,  60,  328,  367;   1895,  340;   1896,  515.     §  4 

amended,  1898,  433  §  28.     P.  S.  115. 
438     See  1893,  129  ;  1894,  532;   1895,  39,  490.     P.  S.  5. 
Res.  84.     Repealed,  St.  1894,  279,  301.     P.  S.  30. 

Statutes  of  1893. 

39  Repealed,  1893,  417.     P.  S.  10. 

41  Repealed,  1895,  434.     P.  S.  98. 

47  Superseded,  1894,  367  §  9.     (See  1893,  321,  418;   1894,   60,  328.) 

P.  S.  115. 

51  See  1898,  172.     P.  S.  103. 

54  Superseded,  1894,  522  §  51.     P.  S.  119. 

55  Affected,  1896,  268.     (See  1893,  255.)     P.  S.  91. 
60  Repealed,  1893,  423.     P.  S.  27. 

62  Affected,  1897,  466.     P.  S.  162. 

65  See  1893,  380 ;  1895,  227.     P.  S.  50. 

70  See  1894,  393  §  7.     P.  S.  4. 

80  Affected,  1896,  229.     P.  S.  91. 

87  Repealed,  1893,  417.     P.  S.  7,  27. 

95  Amended,  1896,  502.     P.  S.  21. 

103  Superseded,  1897,  351.     P.  S.  15. 

105  See  1898,  124.     P.  S.  92. 

108  Repealed,  1894,  393.     P.  S.  4. 

111  Repealed,  1894,  481.     P.  S.  104. 

112  Affected,  1895,  402.     P.  S.  15. 

117     Superseded,  1894,  522  §  61.     P.  S.  119. 


1032  Changes  in 


Statutes  of  1893  —  Continued. 

Chap. 

129  See  1895,  39.  P.  S.  5. 

141  See  1896,  258.  P.  S.  15. 

146  Repealed,  1893,  417.  P.  S.  7. 

148  Amended,  1896,  443  §  6.  P.  S.  24. 

149  Extended,  1898,  353.  P.  S.  11. 
153  See  1895,  393,  480.  P.  S.  159. 
156  Affected,  1895,  113.  P.  S.  22. 
160  Repealed,  1895,  492.  P.  S.  22. 
170  See  1893,  293,  297,  464.  P.  S.  104. 
172  Affected,  1896,  268.  P.  S.  91. 

174  Repealed,  1894,  3-17.  P.  S.  116. 

177  Repealed,  1893,  417  §  21.  P.  S.  7. 

189  Repealed,  1894,  205.  (See  1893,  398;  1894,  102.)  P.  S.  92. 

193  Superseded,  1893,  367  §  13.  P.  S.  14. 

194  Superseded,  1893,  280.  P.  S.  146. 

197  Affected,  1896,  288,  382;  1897,  354;  1898,  396.  (See  1898,  433.) 
P.  S.  84. 

199  Repealed,  1894,  481  §§  25,  26.  (See  1894,  337,  382.)  P.  S.  104. 

200  Superseded,  1898,  466.  (See  1894,  58.)  P.  S.  44. 

201  Extended,  1895,  88.  (See  1897,  110.)  P.  S.  91. 
205  See  1898,  169.  P.  S.  91. 

209  Repealed,  1893,  417.  P.  S.  6. 

217  See  1893,  252;  1896,  288,  382;  1898,  433.  P.  S.  48,  84. 

223  Superseded,  1894,  393  §  7.  P.  S.  4. 

224  See  1894,  522  §§  34,  79.  P.  S.  119. 

225  See  1893,  300  §  6,  331.  P.  S.  27,  28. 

226  §  2  repealed,  1894,  542.  P.  S.  115. 

227  Repealed,  1896,  397.  (See  1893,  472.)  P.  S.  80. 

230  Repealed,  1894,  317.  P.  S.  116. 

231  .Superseded,  1893,  367  §  13.  P.  S.  14. 

237  Repealed,  1898,  356.  (See  1893,  279.)  P.  S.  30. 

246  Repealed,  1894,  508.  P.  S.  74,  80. 

247  §  1  amended,  1893,  445.  P.  S.  11. 

252  See  1896,  288,  382;  1898,  433.  P.  S.  48,  84. 

253  See  1894,  498;  1898,496.  P.  S.  48. 

254  Repealed,  1894,  317.  P.  S.  116. 
257  See  1894,  183.  P.  S.  23. 

263  §  1  repealed,  1897,  444.  §  2  repealed,  1897,  437.  P.  S.  32. 

270  See  1894,  183;  1895,  143;  1897,  129,  153;  1898,  432.  P.  8.  23. 

274  See  1894,  452.  P.  S.  109. 

279  Affected,  1898,  356.     P.  S.  30. 

283  Affected,  1893,424;   1894,  545;   1895,   103;   1896,439;   1897,264. 

Amended,  1894,  545.     P.  S.  112. 

287  Repealed,  1896,  248.     P.  S.  15. 

293  Repealed,  1897,  310.     P.  S.  104. 

297  See  1893,  464.     P.  S.  104. 

298  Superceded,  1898,  272.     P.  S.  19. 


THE  Statutp^s.  1033 


statutes   of  1893  —  Continued. 

Chap. 

300     Affected,    ISOG,    199;  1897,   379.     §   1   extended,   1896,   313.     §  6 

repealed,  189^    416.  (See  1894,  479;   1898,  121.)     P.  S.  27,  28, 

49. 

303  Repealed,  1895,  311.  P.  S.  105. 

304  Repealed,  1893,  417.  P.  S.  27. 
30G     Repealed,  1894,  491.  P.  S.  58,  90. 

307  Repealed,  1893,  417.     P.  S.  7. 

308  Repealed,  1893,  417.     P.  S.  7. 
311     Affected,  1897,  232.     P.  S.  3. 

315  Repealed,  1894,  472.      (See  1894,  462.)     P.  S.  112,  113. 

321  Superseded,  1894,  367  §§  10,  17.      (See  1894,  60,  328.)     P.  S.  115. 

325  See  1895,  39.     P.  S.  5. 

340  Affected,  1897,  522;   1898,  457,  562  §  85.     P.  S.  176. 

344  Amount  increased,  1895,  459  ;   1898,  332.     P.  S.  158. 

349  Repealed,  1893,  417.      (See  1893,  351.)     P.  S.  7. 

351  Repealed,  1893,  417.     P.  S.  7. 

352  Affected,  1897,  327.     P.  S.  80. 

353  Repealed,  1895,  389.     P.  S.  80. 

359     Affected,  1894,  499;   1897,  491.      (See  1895,  362  §  7.)     P.  S.  74. 
367     Affected,   1898,    428.     (See  1898,   447.)     §  11  amended,  1897,  448 
§  1;  1898,  359.     §§  11,  13,   33,  94,  95,   124,   125,  128  affected, 

1895,  465.  §  13  limited,  1897,  448  §  3.  §§  22,  25  partially  re- 
pealed, 1894,  236.  §  22  affected,  1898,  407.  §  23  amended, 
1897,  391.  §  29  affected,  1894,  312.  §  29  revised,  1896,  182. 
(See  1894,  312.)  §  35  affected,  1897,  438.  §  53  affected,  1897, 
448  §§  15,  16.  §  54  amended,  1897,  448  §  4.  §§  63,  64,  65,  69, 
70,   80,    129,   136  amended,   1897,  448  §§  7-14.     §  65  amended, 

1896,  425.  §  90.  See  1897,  253.  §§  107  et  seg.  affected,  1898, 
348.  §  120.  See  1898,  142,  162.  §  127  amended,  1896,  348. 
§  133  amended,  1893,  439.     P.  S.  14. 

370  Repealed,  1897,  260.     P.  S.  154. 

371  Affected,  1895,  125.     P.  S.  154. 

372  Affected,  1898,  414.     P.  S.  130. 

376     Repealed,  1893,  417  §  237.     P.  S.  7,  160,  205. 

379  See  1893,  469.     P.  S.  158. 

380  Affected,  1894,  528;   1897,   138.     Amended,  1897,  274.      (See  1895, 

117,  127,  227.)     P.  S.  50. 
S86     Superseded,  1894,  508  §  9.     P.  S.  74. 
387     Repealed,  1894,  481.     P.  S.  102,  103. 

395  Amended,   1894,  526.       (See  1894,  391,  465;   1895,  399.)       P.   S. 

87. 

396  Affected,  1894,  142,  173,  431 ;   1896,  220;   1897,  180,  387,  431.     §  1 

amended,  1897,  245.  §  2.  See  1895,  457;  1898,  254.  §§  13,  17 
amended,  1894,  398.  §  25  affected,  1896,  355.  §  33  in  part  re- 
pealed, 1895,  234  §  9.     §  39  amended,  1897,  180.     §   54  affected, 

1897,  431.  §  62  affected,  ISD.s.  254.  §  67  amended,  1895,  245. 
(See  1894,  431.)     P.  S.  154,  155,  187. 


1034  Changes  rsr 

Statutes    of  1893  —  Continued. 
Chap. 

398  Repealed,  1894,  205.     P.  S.  92. 

401  See  1898,  267.     P.  S.  35. 

403  See  1896,  190;   1897,  254,  428.     P.  S.  52. 

404  See  1893,  452;   1894,  68,  330,  424;  1896,  459;  1897,  478.     P.  S. 

159. 

405  §  2  repealed,  1895,  209.     (See  1894,  261.)     §  4  repealed,  1894,  30. 

P.  S.  157. 

406  Repealed,  1894,  508.  P.  S.  74. 

407  Extended,  1894,  288,  483,  509  ;  1895,  305,  450 ;  1896,  465 ;  1897, 

121;  1898,  166,  473,  531.  §  2  in  part  repealed,  1894,  393  §  7. 
§  4  amended,  1895,  272.  §  9  amended,  1894,  483  §  4.  (See  1898, 
530.)  §  11  amended,  1894,  509  §  2.  (See  1893,  475  ;  1895,  283  ; 
1896,  199,  466.)  §§  10,  11,  12  repealed,  1896,  550.  P.  S.  49,  80. 
414  See  1893,  447.  P.  S.  207. 

417  Repealed  and  superseded,  1898,  548.  P.  S.  6-10. 

418  See  1894,  367.  P.  S.  115. 

419  §  1  amended,  1894,  181.     (See  1897,  292,  305.)     P.  S.  192. 

423  §   4  affected,    1895,    142.      §§   21,   22   affected,    1895,   374.      §   25 

amended,    1894,    17.      §    2Q    affected,    1896,    190;    1897,    254. 
P.  S.  27. 

424  Affected,  1897,  264.     P.  S.  112. 
428     See  1898,  366.     P.  S.  219. 

431  Amount  increased,  1895,  364;    1897,  317.     P.  S.  158. 

432  See  1895,  276,  392;   1896,  326.     P.  S.  16. 

434  Superseded,  1894,  522  §  73.     (See  1894,  120,  225.)     P.  S.  119. 

436  Repealed,  1895,  461.     P.  S.  207. 

437  Affected,  1894,  82 ;  1895,  494.     P.  S.  50. 

438  Superseded,  1894,  393  §  7.     P.  S.  4. 

440     See  1893,  443;   1894,  285;   1895,  462.     P.  S.  76. 
443     Repealed,  1895,  462.     (See  1894,  285.)     P.  S.  76. 
452     §   1  amended,  1894,  68.     (See  1894,  330,  424;    1896,  459;  1897, 
478.)     P.  S.  159. 

454  Affected,  1894,  448,  533  ;   1895,  350,  420 ;   1896,  356.     §  5  amended, 

1894,  538.     §   7  amended,  1894,  432.     §  9  amended,  1894,  182. 
P.  S.  27,  28. 

455  Superseded,  1894,  370.     P.  S.  221. 

456  Affected,  1894,  370,  477  §  2.     P.  S.  221. 

457  Repealed,  1897,  306.     P.  S.  17. 

461  Affected,  1894,  409  §  5 ;   1896,  306.     P.  S.  145. 

462  Affected,  1896,  313  ;  1897,  379.     P.  S.  54,  104. 

465     Superseded,   1898,  548.      Title  VI.      (See  1896,  498,   518;    1898, 

378.)     P.  S.  7. 
469     Affected,  1894,352;  1897,383;   1898,  234,  280,  520.      (See  1894, 

527;  1896,  316.)     P.  S.  158. 
472     Repealed,  1896,  397.     (See  1894,  435.)     P.  S.  100. 
475     See  1898,  531.     P.  S.  80. 


THE  Statutes.  1035 


Statutes  of  189S  ^  Concluded. 

Chftp. 

476  Affected,   1894,  393  §   7 ;    1895,  347,   486;    1896,   345,   481,  541; 

1897,   153,  355 ;   1898,  365,  404  §  4.     §  1  amended,   1898,  528. 
§§  6,  9,  11,  13  repealed,  1894,  497.     P.  S.  49. 

477  Extended,  1894,  455.     Affected,  1895,  453.     P.  S.  80,  102. 

479     In  part  superseded,  1898,  362.    Amounts  increased,  1895,  260;  1897, 
358,  397;   1898,  256,  286,  331.     P.  S.  154. 
Res.  12.     Repealed,  St.  1894,  387. 
Res.  87.     See  Res.  1895,  106.     P.  S.  1. 

Statutes  of  1894. 

19     Superseded,  1894,  522  §  15.     P.  S.  119. 
27     See  1894,  117.     P.  S.  203. 
58     Superseded,  1898,  466.     P.  S.  44. 

60     Superseded,  1894,  367  §  9.     (See  1894,  328.)     P.  S.  115. 
62     Repealed,  1896,  279.     P.  S.  30. 
66     Affected,  1898,  146.     P.  S.  156. 

6S     See  1894,  330,  424;  1896,  459;   1897,  478.     P.  S.  159. 
77     Extended,  1896,  124.     P.  S.  119. 
82     See  1895,  297.     P.  S.  50. 
103     Superseded,  1894,  522  §  22.     P.  S.  119. 
120     Superseded,  1894,  522  §  73.     (See  1894,  225.)     P.  S.  119. 
127     Extended,  1895,  373;   1896,  490.     P.  S.  17. 

130     §§  4,  5  amended,   1896,   162.     (See  1896,  308;   1897,  160.)     P.  S. 
77,  100. 

Superseded,  1898,  548.     (See  1895,  89.)     P.  S.  7,  27. 

Superseded,  1894,  522  §§  29,  31,  80.     P.  S.  119. 

Superseded,  1894,  522  §§  20,  56.     P.  S.  119. 

See  1894,  173,  431 ;   1895,  245.     P.  S.  154. 

§  2  amended,  1895,  57.     P.  S.  20. 

See  1895,  243.     P.  S.  29. 

Superseded,  1894,  522  §  83.  P.  S.  119. 

See  1894,  270,  406.  P.  S.  169. 

§  1  amended,  1896,  220.     (See  1894,  398.)     P.  S.  154. 

Superseded,  1895,  332.     P.  S.  80. 

See  1895,  132.     P.  S.  41. 

See  1897,  292.     P.  S.  102,  192. 

Repealed,  1895,  308.     P.  S.  162. 

Repealed,  1894,  498.     P.  S.  47. 

Amended,  1898,  433  §  28.     Affected,  1895,  286,  429.     (See  1894, 
251:   1898,  438.)     P.  S.  87. 

198  §  6  amended,  1895,  28.     P.  S.  60,  65. 

199  See  1897,  89,  147.     P.  S.  1.58. 

200  Superseded,  1898,  548.     (See  1894,  393.)     P.  S.  4,  6. 
203     Extended,  1898,  65  §  2.     P.  S.  144. 

205     Amended,  1898,  195.     P.  S.  92. 


1036  Changes  ix 

Statutes   of  1894  —  Continued. 

Chap. 

206     Repealed,  1897,  444  §  31.     P.  S.  32. 
209     Repealed,  1898,  548.     (See  1894,  508.)     P.  S.  7,  74. 
214     See  1898,  433,  443.     P.  S.  88,  220. 
216     Affected,  1897,  264.      (See  1898,  200.)    P.  S.  112. 
218     Affected,  1895,  398.     §§  1-3  repealed,  1898,  548.     (See  1894,  473; 
1895,  506.)     P.  S.  7,  27,  80. 

224  Affected,   1894,    238  §   5,   332,   334;   1896,   8;   1897,   71;   1898,  68. 

P.  S.  31. 

225  Superseded,  1894,  522  §  73.     P.  S.  119. 

227  See  1894,  256;   1895,  297,  494;   1896,  237,  359.     P.  S.  50. 

229  Affected,  1894,  368.     (See  1894,  372  ;  1897,  266  ;  1898,  511.)     P.  S. 

212. 

231  Repealed,  1898,  496  §  36.     P.  S.  44. 

235  See  1894,  428.     P.  S.  102. 

245  See  1898,  433.     P.  S.  16,  79. 

248  Repealed,  1895,  242.     P.  S.  7,  15. 

249  See  1895,  273;   1898,  393  §  7.     P.  S.  220. 

250  Affected,  1895,  112;  1898,  316.     P.  S.  22. 

251  Affected,   1895,  390;   1896,  482;  1897,  418;   1898,  433,  443.     P.  S. 

87. 
253     Affected,  1895,  460;  1897,  386.     (See  1898,  562.)     P.  S.  120. 
256     Affected,  1895,  297,  494.     P.  S.  50. 

259  Amount  increased,  1898,  117.     P.  S.  158. 

260  See  1895,  218.     P.  S.  219. 

261  Repealed,  1895,  209.     P.  S.  157. 

267  Limited,  1896,  449.     P.  S.  21,  74. 

268  Repealed,  1898,  548.     P.  S.  6. 

270  Affected,  1894,  406.     P.  S.  169. 

271  Repealed,  1898,  548.     (See  1895,  2,  61  §  5;  1896,  73.)     P.  S.  6. 
275     Repealed,   1898,  548.     P.  S.  7. 

279  Affected,  1894,  301;   1895,  361;   1898,  561.     P.  S.  30. 

280  §  6  amended,  1896,  377.     P.  S.  56. 

283  Amended,  1894,  547.     Affected,  1897,  381.     P.  S.  152,  167. 

285  Repealed,   1895,  462.     P.  S.  76. 

288  Affected,    1895,   283,   305,  450;   1896,  465;   1897,   121;   1898,473. 

§§  8,  9,  10  repealed,  1896,  550  §  4.     P.  S.  80. 

291  Repealed,    1898,  548.     P.  S.  6. 

297  See  1895,  424.     P.  S.  17. 

298  See  1895,  410.     P.  S.  2. 

299  See  1894,  316.     P.  S.  61. 

300  Superseded,  1894,  522  §  39.     P.  S.  119. 

301  Extended,  1895,  361  ;  1898,  561.     P.  S.  30. 
307  Affected,  1895,  294.     P.  S.  50,  80. 

312      Superseded,  1896,  182.     P.  S.  14. 

314  See  1895,  10,  284.  P.  S.  16. 

315  Superseded,  1895,  202;  1897,  148;  1898,  370.  P.  S.  11. 


THE  Statutes.  1037 


Statutes    of  1894  —  Continued. 

§  2  fiffected,  1895,  G6.  §  6.  See  1898,  420.  §  14  affected,  1896, 
3G1.  §  21  extended,  1895,  164  ;  1896,  178  ;  1898,  148.  CI.  3,  a-d, 
superseded,  1898,  184.  §  2G  amended,  1897,  109.  §  28  revised, 
1896,  231.  §§  42,  43  affected,  1896,  327.  §  47  amended,  1896, 
193.     §  48  revised,  1898,  425  §  6,  433  §  28.     P.  S.  116. 

Superseded,  1898,  496  §  1.     P.  S.  44. 

See  1894,  506;   1897,  213.     P.  S.  112. 

See  1896,  426.     P.  S.  61. 

Superseded,  1894,  367  §  8.     (See  1897,  228.)     P.  S.  115. 

See  1894,  424;   1896,  459;   1897,  478.     P.  S.  159. 

Superseded,  1898,  533  §  194.  (See  1894,  427;  1895,  415;  1896, 
496.)     P.  S.  77. 

Repealed,  1894,  481  §  40.     P.  S.  104. 

Repealed,  1894,  481  §  44.     P.  S.  104. 

Affected,  1897,  161.     (See  1898,  247.)     P.  S.  117. 

Repealed,  1896,  383.     P.  S.  7. 

Repealed,  1895,  434.     P.  S.  102. 

See  1894,  515.     P.  S.  80. 

Repealed,  1897,  439  §  14.     P.  S.  37. 

lu  part  superseded,  1898,  474.  Affected,  1894,  522  §  3  ;  1895,  104, 
281,  340;  1896,  136.  (See  1896,  515.)  §  8  amended,  1897, 
228.    §  10.    See  1894,  381.    §  16  amended,  1896, 102.    P.  S.  119. 

See  1894,  372;   1897,  266;   1898,  511.     P.  S.  212. 

See  1897,  266.     P.  S.  212. 

See  1894,  527;   1897,  383;   1898,  131.     P.  S.  158. 

§  1  amended,  1898,  510.     P.  S.  37. 

Affected,  1894,  522  §  77.  (See  1895,  311 ;  1896,  286,  391.)  P.  S. 
105,  119. 

Limited,  1895,  368.     P.  S.  104. 

Repealed,  1898,  548.      (See  1895,  299.)     P.  S.  7. 

Amended,  1896,  169.     P.  S.  100. 

See  1894,  422;   1896,  540.     P.  S.  52. 

See  1894,  465,  526;  1895,  399.     P.  S.  87. 

§  2  affected,  1895,  238,  250.  §  7  amended,  1895,  54,  96,  463  §  2, 
488  §  2;  1896,  86,  189,  221,  223;  1897,  134  §  2,  141 ;  1898,  175, 
320.     (See  1895,  93;   1896,  258;   1897,  243.)     P.  S.  4. 

Amount  increased,  1898,  521.     P.  S.  16. 

See  1894,  431;  1896,  220;  1897,  180,  245,  349,  387,  431.  P.  S. 
154. 

See  1896,  520.     P.  S.  59. 

See  1894,  409  ;  1897,  444.     P.  S.  145. 

§  1  repealed,  1897,  439  §  14.  §  2  repealed,  1897,  444  §  31.  P.  S. 
32,  37. 

Affected,  1896,  306 ;   1897,  424,  444.     P.  S.  145. 

Affected,  1895,  419.     P.  S.  99. 

Affected,  1895,  497.     P.  S.  102,  192. 


1038  Changes  i:n' 

Statutes   of  1894  —  Continued. 
Chap. 

422     In  part  superseded,  1896,  540.     P.  S.  52. 
424     Affected,  1896,  459 ;   1897,  478.     P.  S.  159. 

427  Superseded,  1898,  533  §  194.     P.  S.  77. 

428  §  1  amended,  1895,  379.     §  2  amended,  1896,  396.     P.  S.  100. 

431  See  1896,  220;   1897,  180,  349,  387,  529.     P.  S.  154. 

432  Affected,  1894,  448.     (See  1894,  533 ;   1895,  350.     P.  S.  28. 

433  Affected,  1895,  162.     P.  S.  207. 

435  Repealed,  1896,  397.     P.  S.  100. 

436  §§  1-4  superseded,  1898,  496  §  3.     (See  1895,  94,  212;   1896,  382.) 

P.  S.  44. 

437  Superseded,  1894,  508.     P.  S.  74. 

439  §  1  amended,  1898,  210  §  2.     P.  S.  49. 

440  §   1  amended,   1895,   252,   1897,  206.     §  2  superseded,  1897,  272. 

(See  1895,  504;   1898,  240.)     P.  S.  221. 
442     Affected,  1894,  522  §  73.     P.  S.  119. 
444     Affected,  1895,  452.     §  2  amended,  1896,  303.     §  7  amended,  1898, 

160.     P.  S.  35,  119. 

448  See  1894,  533.     P.  S.  28. 

449  Repealed,  1895,  502.     P.  S.  7. 

450  Affected,  1894,  472,  501;   1896,  473.     (See  1894,  476;   1896,  544 

§  3.)     P.  S.  105,  106. 

451  Affected,  1897,  412,  434,  480.     (See  1898,  259,  277,  307,  334,  365.) 

P.  S.  221. 

452  Affected,  1894,  472.     (See  1894,  462,  502.)     P.  S.  105,  106. 

454  Affected,  1895,  228;    1898,  268,  277.     P.  S.  104. 

455  Limited,  1895,  453.     P.  S.  80,  102. 

457  Affected,  1895,  258,  345;   1896,  133.     P.  S.  44. 

458  Affected,  1896,  230.     §  4  amended,  1897,  196.     §  10  amended,  1895, 

412;  extended,  1896,  230  §  4.     P.  S.  80. 
460     Affected,  1897,  412,  434,  480.     (See  1898,  259,  277,  307,  334,  365.) 

P.  S.  221. 
462     Affected,  1894,  472,  543;   1896,  409;   1897,  337.     (See  1894,  502.) 

P.  S.  112,  113. 

471  Superseded,  1898,  496  §  1.     P.  S.  44. 

472  Affected,  1894,  501,  543  ;   1896,  409,  473,  544  §  3  ;   1897,  337.     P.  S. 

105,  112,  113. 

473  Superseded,  1898,  548.     (See  1895,  398,  506.)     P.  S.  27,  80. 

476     See  1894,  501,  503  ;   1896,  409,  473,  544  §  3  ;   1897,  337.     P.  S.  105. 

479     §  1  amended,  1898,  121.     (See  1898,  351.)     P.  S.  53. 

481     Affected,  1895,  310,  396,  418;  1898,  167,  261.     (See  1894,  499.) 

P.  S.  74,  103. 
483     See  1895,  283,  305;   1896,  466;   1897,  121;   1898,  473,  530.     P.  S. 

80. 
491     Affected,  1898,  451.     §§  1,  2  affected,  1895,  476.     §§  4,  6,   17-22, 

27,  45  amended  and  46,  49  repealed,  1895,  496.     (See  1896,  276  ; 

1897,  165,  178,  499.)      P.  S.  58,  90. 
493     See  1895,  286,  429 ;   1898,  433.     P.  S.  87. 


THE  Statutes.  1039 


Statutes   of  1894  —  Continued. 
Chap. 

496  See  1898,  465.     P.  S.  157. 

497  Affected,  1895,  347;   1896,  345,  513,  541 ;   1898,  365.     §  1  amended, 

1898,  476.     §§  2,  4  ameuded,  1897,  355.     §  5  in  part  repealed, 

1897,  153  §  14.  §  8  affected,  1896,  481 ;  1897,  340  ;  1898,  539. 
(See  1895,  486;   1898,  404  §  4.)     P.  S.  49. 

498  §§  1,  3-29  superseded,  1898,  496.     (See  1894,  515 ;  1895,  216  ;  1896, 

360;   1898,  315.)     P.  S.  47. 
See  1895,  362  §  7;   1896,  302;  1897,  491.     P.  S.  112. 
See  1896,  473,  544  §  3.     P.  S.  109. 
See  1896,  409,  544  §  3.     P.  S.  113. 
Repealed,  1898,  499  §  2.     P.  S.  61. 
Superseded,  1895,  489,  502,  507;  1896,  393,  469;   1898,   171,   191. 

P.  S.  6,  7. 
Affected,  1897,  213.     P.  S.  113. 
Affected,  1896,  241,  288,  449,  494.     §  1  amended,  1895,  129.     §§  13, 

14,   16-25,  67,  69,  70  repealed,  1898,  494  §  9.     §§   44,  45,  47 

amended,  1898,  150.     §  49  amended,   1898,  394.     §  51   affected, 

1896,  241.  §§  51-54  extended,  1895,  438;  1896,  334;  1898,  481. 
§§  55,  56  affected,  1894,  534 ;   1895,  144.     P.  S.  48,  74. 

Affected,    1896,    466.     (See    1895,    283;    1897,    121;    1898,    530.) 

P.  S.  80. 
Extended,  1895,  400.     P.  S.  80. 
Affected,  1897,  516.     P.  S.  170. 
§  5.     See  1898,  433  §  28,  496  §  11.     P.  S.  47,  80. 
Repealed,  1896,  517  §  8.     (See  1895,  501.)     P.  S.  21,  74. 
Limited,  1898,  474.     §  3  amended,  1897,  66.     §  5  extended,  1895, 

81 ;   1896,  335.     §   6  amended,  1897,  67  §  1  ;  affected,    1898,   54. 

§  7.    See   1898,   420.     §    11.     See    1898,    537.     §    13    amended, 

1898,  53.  §  16  amended,  1897,  65.  §§  18-28.  See  1897,  ll8. 
§   20  amended,  1895,   59.     (See  1898,  537  §  1.)     §  21  amended, 

1895,  271.  §  24  amended,  1897,  67  §  2.  §  25  affected,  1895,  46. 
§  29  affected,  1896,  140.  §§  29,  31  amended,  1895,  474;  1896, 
447.  §  32  in  part  repealed,  1896,  253.  §  34  extended,  1896, 
171.  (See  1896,  178;  1898,  148,  184.)  §  39  amended,  1896, 
126;   1897,62.     §  42  repealed,    1895,   190.     §§  44,  48  amended, 

1897,  197.     §  52.     See  1898,   537  §  3,  571.     §§  56,  60  affected, 

1896,  140.  §  56  repealed,  1898,  178.  §  60  amended,  1895,  59; 
1896,  137;  1897,  357.  §  67.  See  1898,  45,  54.  §  73.  See  1895, 
366;  1896,  515  §  5.  §  76  amended,  1896,  470.  §77.  See  1896, 
391.  §  78  amended,  1896,  270.  §  80  amended,  1895,  474  §  3. 
§  83  amended,  1898,  380.      (See  1898,  537  §  1.)     §   84   amended, 

1898,  537  §  2.  §  92  amended,  1896,  402;  1897,  63.  §  93 
amended,   1895,  59;   1896,  448;  limited,  1895,  159.     P.  S.  119. 

§§  2,  3  repealed,  1897,  383.     (See  1898,  131.)     P.  S.  158. 
See  1895,  117,  127,  227;   1896,  236,  251,  359.     P.  S.  50. 
See  1895,  39.     P.  S.  5. 
Extended,  1895,  144.     P.  S.  74. 


1040  Changes  in 

Statutes  of  1894  —  Concluded. 
Chap. 

535     Extended,  1897,  376.     P.  S.  112,  113. 
541     See  1897,  492.     P.  S.  106. 
543     Affected,  1896,  409  ;   1897,  337.     P.  S.  113. 

545     Affected,  1896,439;   1897,  264.     (See  1895,  103;  1898,  200.)    P.  S. 
112. 

547  See  1897,  381.     P.  S.  167. 

548  Amended,  1897,  500.     §  34  amended,  1895,  440.     §  35  amended, 

1896,  492.     P.  S.  113. 

Res.  14.     See  Res.  1894,  94;  1895,  62,  104;  1896,  80.     P.  S.  21. 
Res.  94.     Repealed,  Res.  1895,  62.     P.  S.  21. 

Statutes  of  1895. 

2     Repealed,  1898,  548.     (See  1895,  27,  61,  207;   1896,   73,  363,  469, 

547.)      P.  S.  6. 
11     See  1895,  183.     P.  S.  2. 
27     Repealed,  1898,  548.     (See  1895,   61;.  1896,  73,  363,   547;   1897, 

210.)     P.  S.  6. 
46     Amended,  1897,  64.     P.  S.  119. 
59     See  1896,  137,  140.     §  2  limited,  1895,  159.     Amended,  1896,  448; 

1897,  357.     P.  S.  119. 

61  Repealed,  1898,  548.  (See  1896,  73,  363,  547  ;  1898,  401.)  P.  S.  6. 

81  See  1896,  335.  P.  S.  119. 

88  Superseded,  1897,  110.  P.  S.  91. 

89  Superseded,  1895,  299.  P.  S.  7. 

90  Superseded,  1898,  232.  P.  S.  11. 

94  See  1895,  212;  1896,  382.  P.  S.  44. 

96-  See  1898,  175.  P.  S.  4. 

97  See  1895,  239,  314.  P.  S.  104. 

103  Affected,  1897,  264.  P.  S.  112. 

104  Affected,  1898,  474.  (See  1896,  523.)  P.  S.  115. 

111  See  1895,  143.  P.  S.  22. 

112  See  1898,  316.  P.  S.  22. 

115  See  1895,  181.  P.  S.  44. 

116  See  1897,  135.  P.  S.  156. 

117  See  1895,  127,  227;  1896,  236,251,  359;  1897,  138,151.  P.  S.  50. 
127  See  1895,  227;  1896,  236,  251,  359;  1897,  138,  151.  P.  S.  50. 
129  See  1896,  334.  P.  S.  74. 

134  Extended,  1897,  447  §  5 ;  1898,  65.  P.  S.  136. 

143  §  1  repealed,  1897,  153  §  14.  (See  1896,  128.)  P.  S.  23. 

153  §  2  amended,  1896,  451.  P.  S.  153. 

156  See  1896,  391.  P.  S.  106. 

159  Affected,  1896,  448.     P.  S.  119. 

164  Extended,  1896,  178;  1898,  148,  184.     P.  S.  116. 

169  Affected,  1896,  523.     P.  S.  106. 

171  See  1896,  327.     P.  S.  117. 


THE  Statutes.  1041 

Statutes   of  1895  —  Continued. 
Chap. 

172  Affected,  1896,  285.     P.  S.  117. 

175  See  1898,  477.     P.  S.  23. 

17G  §  2  in  part  superseded,  1898,  460.     P.  S.  154. 

183  §  1  amended,  1897,  136.     P.  S.  120. 

186  Affected,  1897,  419.     P.  S.  80. 

190  Affected,  1896,  126,  270.     P.  S.  119. 

196  Repealed,  1898,  548.     P.  S.  7. 

201  Superseded,    1898,   533   §   85.      (See  1895,   415;    1896,228,   496.) 

P.  S.  77. 

202  Superseded,  1897,  148.  P.  S.  11. 
207  Repealed,  1898,  548.  P.  S.  6. 

212  Superseded,  1898,  496  §  3.  P.  S.  44. 

213  §  1  amended,  1896,  332;  1897,  300  §  3.  P.  S.  102. 
216  Repealed,  1898,  496  §  36.  P.  S.  44. 

220  Repealed,  1898,  548.  P.  S.  6,  7. 

224  Extended,  1896,  536  §  7.  P.  S.  215. 

227  See  1897,  116.  P.  S.  50. 

228  See  1895,  350,  420;  1896,  338;  1898,  268.  P.  S.  61,  109. 
235  Superseded,  1897,  413  §  9.  P.  S.  104. 

237  Repealed,  1898,  548.  (See  1895,  262 ;  1896,  469  §  5.)  P.  S.  7. 

238  See  1895,  250.  P.  S.  4. 

239  Superseded,  1897,  413  §  9.      (See  1895,  314.)     P.  S.  104. 

240  Repealed,  1898,  548.     P.  S.  7. 
242  Repealed,  1898,  548.     P.  S.  7. 

244  Repealed,  1898,  548.     (See  1897,  91.)     P.  S.  7. 

252  Affected,  1895,  504.     Amended,  1897,  206.     P.  S.  221. 

253  Repealed,  1898,  548.      (See  1896,  469  §  7.)     P.  S.  7. 
258  See  1896,  133.     P.  S.  44. 

262  Repealed,  1898,  548.     (See  1896,  469  §  5.)     P.  S.  6. 

263  Amended,  1896,  515  §  7.     P.  S.  119. 
271  See  1895,  281.     P.  S.  119. 

273  See  1896,  304.     P.  S.  221. 

275  Repealed,  1898,  548.     (See  1896,  469  §  8.)     P.  S.  7. 

280  Amended,  1898,  284.     P.  S.  104. 

281  Repealed,  1898,  474  §  24.     (See  1895,  340;  1896,  102,  515.)     P.  S. 

119. 

283  Affected,  1896,  466.     P.  S.  80. 

285  Repealed,  1898,  548.     P.  S.  7,  27. 

286  Affected,   1895,  429 ;    1898,  433.     §  2  amended,   1898,   433    §    28. 

P.  S.  87. 

297  See  1895,  494;   1896,  236,  237,  359.     P.  S.  50. 

299  Repealed,  1898,  548.     (See  1896,  363  §  2,  498.)     P.  S.  7. 

305  §  5  affected,  1898,  473.     P.  S.  49,  80. 

307  §  1  amended,  1896,  108.     (See  1895,  430.)     P.  S.  11,  136. 

310  §  1  amended,  1898,  433  §  28.     §  2  amended,  1898,  483.     P.  S.  48, 

103. 

311  See  1896,  391.     P.  S.  106. 


1042  Changes  ix 

Statutes   of  1895  —  Continued. 
Chap. 

318     See  1896,  225.     P.  S.  103. 
323     Repealed,  1898,  548.     P.  S.  7. 
330     See  1895,  350,  420.     P.  S.  109. 
334     §§  2,  4  amended,  1896,  209.     P.  S.  49. 
337     See  1896,  162,  308.     P.  S.  100. 

340     Affected,  1898,  474.     (See  1896,  102,  515.)     P.  S.  119. 
347     Superseded,  1897,  340.     (See  1895,  486;   1896,  481,  513.)     P.  S. 

49. 
350     See  1895,  420;   1896,  338.     P.  S.  109. 
352     See  1897,  413  §  6.     P.  S.  53,  104. 

355  Repealed,  1898,  548.     (See  1898,  423.)     P.  S.  6. 

356  Affected,  1896,  78.     P.  S.  112. 

361  Affected,  1898,  561.     P.  S.  30. 

362  See  1896,  302;    1897,  491;   1898,  578  §  11.     P.  S.  112,  113. 

363  §  3  ameuded,  1898,  311.     P.  S.  4. 

364  Amount  increased,  1897,  317.     P.  S.  158. 
366  See  1896,  515  §  5.     P.  S.  119. 

369  Amended,  1897,  342.     P.  S.  159. 

373  See  1896,  490.     P.  S.  17. 

374  Repealed,  1898,  548.     P.  S.  27. 

375  Amended,  1898,  196.     P.  S.  87. 

376  See  1896,  449,  494.     P.  S.  74. 
379  See  1896,  396.     P.  S.  100. 
383  See  1897,  350.     P.  S.  219. 

390     See  1896,  482;   1897,  418;   1898,  443.     §§  5,  6  amended,  1898,  433 

§  28.     P.  S.  87. 
393     Superseded,  1895,  480.     P.  S.  159. 
398     Repealed,  1898,  548.      (See  1895,  506.)      P.  S.  27,  80. 
406     Affected,  1896,  414;   1897,  80,  81,83,  88;   1898,   180.      §  9  super. 

seded,  1897,  80.     P.  S.  80. 
408     Affected,  1898,400.     §4  amended,   1897,  442.      (See  1897,   202; 

1898,  284.)     P.  S.  44. 
410     Extended,  1896,  342.     P.  S.  2. 
412     Affected.  1896,  230;   1897,  196.     P.  S.  80,  102. 
415     Superseded,  1898,  533  §§  85,  146.     (See  1896,  228,  496.)     P.  S.  77. 
418     Affected,  1898,  261.     §  2  amended,  1898,   167.      (See  1895,  471.) 

P.  S.  102. 
421     Affected,  1896,  297  §  8.     P.  S.  60. 

425  Repealed,  1896,  547  §  9  ;  1898,  548.     P.  S.  6. 

426  Affected,  1898,  404.     P.  S.  113. 

427  Extended,  1896,  499.     P.  S.  145. 
430     See  1896,  108.     P.  S.  136. 

434     See  1897,  389.     P.  S.  98. 

438     Affected,  1896,  241.     §  1  superseded,  1898,  481.     (See  1896,  334.) 

P.  S.  74. 
440     Affected,  1896,  492;    1897,  500.     P.  S.  113. 


THE  Statutes.  1043 

Statutes   of  1895  —  Concluded. 
Chap. 

441     Superseded,  1897,  525.     P.  S.  1G7. 

444     See  1895,  404;  1896,  251.     P.  S.  50. 

449  §  6  amended,  1896,  363  §   1.      (See  1896,  547  §  1.)      §  8  amended, 

1896,  363  §  2.     §   14.     See  1896,  521.     §  19  amended,  1896,  250. 
§  22  amended,  1896,  293.     P.  S.  49. 

450  Affected,  1896,  465,  466,  550;   1898,  530.     §  4  affected,  1898,  473. 

§  9  extended,  1897,  121.     P.  S.  49,  80. 
452     Superseded,  1898,  160.     P.  S.  35. 
457     Affected,  1898,  254.     P.  S.  154. 

459  Additional  allowance,  1898,  332.     P.  S.  158. 

460  Affected,  1897,  386.      (See  1898,  562.)     P.  S.  120. 

465  §   1  amended,  1897,  448  §   2.     Not  repealed  by,   1898,  359.     §  4 

amended,  1897,  448  §  5.     P.  8.  14. 

471  Extended,  1896,  546.      (See  1898,  167,  261.)     P.  S.  102. 

474  §§1,2  amended,  1896,  447.     P.  S.  119. 

476  See  1895,  496.     P.  S.  58,  90. 

482  Superseded,  1896,  357.     P.  S.  23. 

483  See  1898,  213.     §§  10,  11  amended,  1898,  433  §  28.     P.  S.  87. 
486  Repealed,  1896,  513.      (See  1896,  245,  481.)     P.  S.  49. 

488  §  3  amended,  1898,  392.      §  16  amended,  1896,  436.      §  18  affected, 

1898,  464.      §  23  amended,  1897,  336.     §  30  revised,  1897,  327. 
P.  S.  80. 

489  Repealed,   1898,  548.      (See  1895,  502,  507;    1896,  109,  435,  469; 

1897,  530;  1898,  171,  191,  435,  472.)      P.  S.  6,  7. 

493  §  1  amended,  1898,  333.  §  2  superseded,  1896,  172.  P.  S.  24. 

494  See  1896,  237,  359;  1898,  210.  P.  S.  49,  50. 

496  §  14  extended,  1896,  276;  1897,  165.   (See  1897,  499  ;  1898,  451.) 

P.  S.  58,  90. 

497  Limited,   1896,   186.     Not  affected  by,   1898,   577.     §   6  amended, 

1898,  515.     P.  S.  102,  192. 

501  Repealed,  1896,  517  §  8.     P.  S.  74. 

502  Repealed,  1898,  548.      (See  1895,  507  ;   1896,  393,  469.)      P.  S.  7. 

503  Affected,  1898,  575.     P.  S.  86. 

504  Affected,  1897,  294.     §  2  superseded,  1898,  371.      (See  1897,  206, 

272;   1898,  240.)     P.  S.  221. 

506  §§  2,  3  repealed,  1898,  548.     P.  S.  27,  80. 

507  Repealed,  1898,  548.      (See  1896,  109,  435,  469;   1898,  171,  191, 

379,  435,  472.)     P.  S.  6,  7. 

508  Repealed,  1898,  548.     P.  S.  6,  7. 

Res.  62.     See  Res.  1895,  104;   1896,  80.     P.  S.  7. 
Res.  70.     Affected,  St.  1896,  310.     P.  S.  44. 
Res.  104.     Affected,  Res.  1896,  80.     P.  S.  21. 


1044  Changes  ix 


Statutes  of  1896. 

Chap. 

73  Repealed,  1898,  548.      (See  1896,  363,  469,  547  §  1.)     P.  S.  6. 

96  Amended,  1897,  97.     P.  S.  115. 

102  Superseded,   1898,   474   §   20.      (See  1896,  136,  515;   1897,  228.) 

P.  S.  119. 

109  Repealed,  1898,  548.      (See  1896,  435,  469  ;  1897,  530  ;   1898,  191, 

435,  472.)     P.  S.  7. 

126  Amended,  1897,  62.      (See  1896,  270.)     P.  S.  119. 

128  Repealed,  1897,  153  §  14.     P.  S.  23. 

136  Superseded,  1898,  474  §  12.     P.  S.  119. 

137  See  1896,  140,  448.     P.  S.  119. 

140  See  1896,  447;   1898,  178.     P.  S.  119. 

162  §  2  affected,  1896,  308.     P.  S.  77,  100. 

171  See  1896,  178;   1898,  148,  184.     P.  S.  119. 

176  See  1898,  322.     P.  S.  23. 

178  See  1898,  148,  184.     P.  S.  116. 

179  Superseded,  1898,  496  §  17.     P.  S.  46. 
182  See  1898,  183.     P.  S.  14. 

190  Affected,  1897,  254,  428.     P.  S.  27,  52. 

210  Repealed,  1897,  147.     P.  S.  132,  141. 

219  See  1896,  316.     P.  S.  158. 

220  See  1897,  180,  349,  387,  529.     P.  S.  154. 
225  See  1898,  282.     P.  S.  103. 

228  Repealed,  1896,  496.     P.  S.  77. 

234  Salary  increased,  1897,  360.     P.  S.  154. 

236  Affected,   1896,    251,   359;    1897,    138,    151.       (See    1897,    274.) 

P.  S.  50. 

237  Affected,   1896,  359;   1897,  166,  167.      §  3  superseded,   1898,  566. 

P.  S.  49. 

240  Affected,  1897,  401.     P.  S.  154. 

241  Affected,  1896,  334,  449,  494;   1898,  481.     P.  S.  74. 
244  Repealed,  1898,  548.     P.  S.  28. 

247  See  1898,  411.     P.  S.  162.  ^ 

248  See  1896,  258.     P.  S.  15. 

251  §  2  amended,  1897,  151.      (See  1896,  359  ;   1897,  138,  274.)     P.  S. 

50. 

252  See  1897,  327,  510.     P.  S.  80. 
258  Affected,  1897,  243.     P.  S.  4,  21. 

269  Affected,  1898,  526.     P.  S.  28. 

270  See  1896,  447.     P.  S.  119. 

276  Amended,  1897,  165.   (See  1897,  499;  1898,  451.)  P.  S.  58,  90. 

277  See  1896,  285,  286,  327,  361;  1897,  161;  1898,  247.  P.  S.  117. 
279  §  1  amended,  1897,  164.  P.  S.  30,  84. 

285  See  1896,  286,  327,  361.  P.  S.  117. 

286  See  1896,  327,  361,  391;  1898,  247.  P.  S.  117. 
288  See  1898,  433.  P.  S.  87. 


THE  Statutes.  1045 

Statutes   of  189(y  ~  Continued. 
Chap. 

297     Affected,  1807,  117.     P.  S.  20. 
304     See  1896,  317.     P.  S.  221. 

306     Affected,  1897,  424.      (See  1897,  444.)     P.  S.  145. 
308     Extended,  1897,  160.     P.  S.  100. 
313     §  1  amended,  1897,  379.     P.  S.  54,  104. 
319     Repealed,  1898,  548.     P.  S.  44. 
327     See  1896,  361;   1897,  161;   1898,  247.     P.  S.  117. 
332     Amended,  1897,  300  §  3.      (See  1897,  428  §  2.)     P.  S.  80,  102. 
334     Superseded,  1898,  481.      (See  1896,  449.)     P.  S.  74. 
345     Affected,   1898,  365.      (See  1896,  481,513,540,541;  1897,340; 
1898,  404  §  4.)      P.  S.  49. 

356  §  1  amended,  1896,  480.     P.  S.  61. 

357  §§  1-5  repealed,  1897,  153  §  14.     P.  S.  23. 

360  Repealed,  1898,  496  §  36.     P.  S.  44. 

361  See  1897,  161;   1898,  247.     P.  S.  117. 

363     Repealed,    1898,  548.      (See  1896,  469,  547  §  1 ;  1897,  210,  530.) 

P.  S.  6. 
369     Amended,  1897,  492;   1898,  64.     P.  S.  106. 

382  Repealed,  1898,  496  §  36.      (See  1898,  433.)     P.  S.  44,  87. 

383  Repealed,  1898,  548.     P.  S.  7. 

391  §  2  amended,  1897,  423.      (See  1898,  266.)     P.  S.  106. 

393  Repealed,  1898,  548.     P.  S.  7. 

397  §  20  superseded,  1898,  192.     P.  S.  208. 

402  Superseded,  1897,  63.      (See  1896,  448.)     P.  S.  119. 

408  Amended,  1897,  498.     P.  S.  44. 

409  Affected,  1897,  337.     P.  S.  113. 

414  §  3  amended,  1897,  88.     P.  S.  50,  80. 

416  Amended,  1898,  209.     P.  S.  104. 

425  Amended,  1897,  448  §  9.     P.  S.  14. 

435  Superseded,*  1898,  548.      (See  1896,  469  ;   1897,  530  §  12.)     P.  S. 

6,  7. 

489  Affected,  1897,  264;   1898,  538.     P.  S.  112. 

448  Amended,  1897,  357.     P.  S.  119. 

449  Affected,  1896,  494.     P.  S.  74. 
456  Affected,  1897,  135.     P.  S.  139. 
459  See  1897,  478.     P.  S.  159. 

465     §  2  amended,  1898,  455.      (See  1896,  550;   1897,  121 ;   1898,  166.) 

P.  S.  49,  80. 
469     Repealed,    1898,   548.      (See  1896,   547;    1897,   530;    1898,   171, 

435.)     P.  S.  6,  7. 
473     See  1896,  544  §  3.     P.  S.  106. 
476     Extended,  1898,  187,  574.     P.  S.  18. 

481  Superseded,  1897,  340.     P.  S.  49. 

482  Amended,  1898,  433  §  28.      (See  1897,  418.)     P.  S.  84,  87. 
492     See  1H97,  500.     P.  S.  113. 

496     Superseded,  1898,  533  §  85.     P.  S.  77. 


1046  Changes  in 

Statutes   of  1896  —  Concluded. 
Chap. 

498     Superseded,   1898,  548.     Title  VI.      (See  1896,  518;   1898,  378.) 
P.  S.  7. 

513  §  1  amended,  1897,  355  §  3.      (See  1897,  340 ;   1898,  365.)      P.  S. 

49. 

514  See  1898,  496  §  29.     P.  S.  47,  48. 

516  Affected,  1897,  500  §  5.     P.  S.  113. 

517  Affected,  1898,  447,  454.     P.  S.  21. 

518  Superseded,  1898,  548.      (See  1898,  378.)     P.  S.  7. 
527  Repealed,  1898,  548.     P.  S.  7. 

541  See  1896,  544;  1897,  355;   1898,  365.     P.  S.  49. 

546  See  1898,  167,  261.     P.  S.  102. 

547  Repealed,  1897,  296;   1898,  548.     P.  S.  6. 
650  See  1897,  121 ;   1898,  530.     P.  S.  80. 


Statutes  of  1897. 

62  See  1897,  63,  64,  65,  67.     P.  S.  119. 

80  See  1897,  81,  83;   1898,  180.     P.  S.  80. 

91  Repealed,  1898,  548.     P.  S.  7. 

128  Amended,  1898,  317.      (See  1897,  153  ;   1898,  264,  432.)     P.  S.  23. 

129  See  1897,  153;   1898,  264,  317,  432.     P.  S.  23. 

130  See  1897,  153.     P.  S.  23. 

137  See  1897,  153;  1898,  432.  P.  S.  23. 

138  See  1897,  151,  274.  P.  S.  50. 
148  §  1  amended,  1898,  370.  P.  S.  11. 
151  See  1897,  274.  P.  S.  50. 

153  Limited,  1897,  505.  §§  6,  7  amended,  1898,  317.  (See  1898,  264, 
432.)  P.  S.  23,  40. 

165  Affected,  1897,  499.   (See  1898,  451.)  P.  S.  58,  90. 

166  Affected,  1897,  319;  1898,  210.  P.  S.  49. 

178  See  1898,  451.  P.  S.  58,  90. 

179  Superseded,  1898,  525.   (See  1897,  399.)  P.  S.  30. 

180  See  1897,  349,  387,  529.  P.  S.  154. 

183  Not  affected  by,  1898,  577.     P.  S.  77,  192. 

185  Affected,  1898,  298.     P.  S.  49,  80. 

202  §  2  amended,  1898,  340.      (See  1897,  442.)     P.  S.  44,  49. 

206  Affected,  1897,  272.     P.  S.  220. 

210  Repealed,  1898,  548.     P.  S.  6. 

213  See  1897,  269.     P.  S.  113. 

228  Superseded,  1898,  474  §  11.     P.  S.  119. 

233  Affected,  1898,  361.     P.  S.  100. 

236  See  1898,  315.     P.  S.  48. 

254  Affected,  1897,  428.     P.  S.  52,  54. 

264  See  1898,  538.     P.  S.  112. 

266  See  1898,  511.     P.  S.  212. 


I 


THE  Statutes.  1047 

Statutes   of  1891  —  Concluded. 
Chap. 

271  §  5  amended,  1897,  487.     P.  S.  100. 

2l)-l  Affected,  1898,  240,  371.     P.  S.  221. 

29G  Repealed,  1898,  548.      (See  1898,  401.)     P.  S.  6. 

300  See  1897,  428.     P.  S.  80,  102. 

319  See  1898,  210.     P.  S.  49. 

327  See  1897,  510.     P.  S.  80. 

340  Superseded,  1898,  539.     P.  S.  49. 

355  §  3  affected,  1898,  3G5,  476.     P.  S.  49. 

359  Superseded,  1898,  372.     P.  S.  154. 

374  Superseded,  1898,  396.     P.  S.  84. 

382  See  1897,  466.     P.  S.  162. 

387  Repealed,  1897,  529.     P.  S.  154. 

395  Amended,  1897,  451.     P.  S.  220. 

399  Superseded,  1898,  525  §  7.     P.  S.  30. 

412  Aft'ected,  1897,  434.     §  2  amended,  1897,  480.      (See  1898,  259, 

277,  307,  334,  365,  393.)     P.  S.  221. 

413  §  3  amended,  1898,  228.     P.  S.  104. 
416  See  1898,  268.     P.  S.  61. 

418  Affected,  1898,  433  §  16.     P.  S.  87. 

423  See  1898,  266.     P.  S.  106. 

426  §§  1,  6  amended,  1898,  257.     P.  S.  50. 

431  §  1  amended,  1898,  488.     P.  S.  154,  160. 

434  See  1897,  480.     P.  S.  221. 

437  Affected,  1898,  437.      (See  1897,  444.)     P.  S.  65,  82. 

438  See  1897,  448.     P.  S.  14. 

439  See  1898,  67,  453,  510.     P.  S.  37. 

442  See  1898,  400.     P.  S.  44. 

443  §  1  amended,  1897,  517.     P.  S.  65. 

448  §  2  not  repealed  by  1898,  359.     §  4  amended,  1898,  84.     P.  S.  14. 

461  See  1898,  411.     P.  S.  155. 

463  See  1898,  562  §  80.  P.  S.  126. 

475  Repealed,  1898,  548.  P.  S.  7. 

480  See  1898,  259,  277,  307,  334,  365.  P.  S.  221. 

482  Repealed,  1898,  548.      (See  1897,  530.)     P.  S.  7. 

492  §  2  amended,  1898,  64.     P.  S.  106. 

500  See  1898,  578  §  28.     P.  S.  113. 

503  Repealed,  1898,  76.     P.  S.  2. 

508  Affected,   1898,  312.     §  2  amended,   1898,  384.      (See  1898,  56, 

206.)     P.  S.  159. 

516  Repealed,  1898,  544.     P.  S.  20. 

522  §  1  superseded,  1898,  457.      (See  1898,  514,  562  §  85.)     P.  S.  126, 

152,  175. 

524  Amended,  1898,  339.     P.  S.  92. 

530  Repealed,  1898,  548.      (See  1898,  171,  191,  379,  435,  472.)     P.  S. 

6,7. 


X048  Changes  i]^  the  Statutes. 


Statutes  of  1898. 

Chap. 

56  See  1898,  206,  312,  384.     P.  S.  159. 

83  Repealed,  1898,  548.     P.  S.  7,  27. 

121  See  1898,  351.     P.  S.  52. 

148  See  1898,  184.     P.  S.  116. 

155  Repealed,  1898,  548.     P.  S.  35. 

163  Repealed,  1898,  548.     P.  S.  7. 

166  See  1898,  464.     P.  S.  80. 

167  Affected,  1898,  261.     P.  S.  103. 

171  Repealed,  1898,  548.      (See  1898,  379,  435,  472.)     P.  S.  7. 

187  Affected,  1898,  574.     P.  S.  18. 

191  Repealed,  1898,  548.     P.  S.  7. 

217  §§  1,  2  repealed,  1898,  548.     P.  S.  7. 

240  Superseded,  1898,  371.     P.  S.  221. 

259  Affected,  1898,  277.      (See  1898,  307,  334,  365,  393.)      P.  S.  220. 

277  See  1898,  307,  334,  365,  393.     P.  S.  220. 

307  See  1898,  393.     P.  S.  220. 

315  Repealed,  1898,  496  §  36.     P.  S.  47. 

318  See  1898,  326  §  5.     P.  S.  26. 

334  See  1898,  365,  393.     P.  S.  220. 

347  Repealed,  1898,  561.     P.  S.  14. 

354  Affected,  1898,  396.     (See  1898,  433,  443,  479.)     P.  S.  84. 

365  Affected,  1898,  393.     P.  S.  220. 

378  Superseded,  1898,  548.     Title  VI.     P.  S.  7. 

379  Repealed,  1898,  548.      (See  1898,  435,  472.)     P.  S.  7. 
393  §7.      See  1898,  443.     P.  S.  88,  219. 

396  Affected,  1898,  433  §  28,  443.     P.  S.  84. 

401  Repealed,  1898,  548.     P.  S.  6,  7. 

423  Repealed,  1898,  548.     P.  S.  6. 

425  §§  5,  6  amended,  1898,  433  §  28.     (See  1898,  443,  474.)     P.  S.  84. 

428  See  1898,  447.     P.  S.  14. 

433  Affected,  1898,  438,  483.      (See  1898,  443.)     P.  S.  87. 

435  Repealed,  1898,  548.      (See  1898,  472.)     P.  S.  7. 

457  See  1898,  562  §  85.     P.  S.  176. 

472  Repealed,  1898,  548.     P.  S.  7. 

496  §§  29,  35  amended,  1898,  580.     P.  S.  44,  84. 

529  §  1  amended,  1898,  570.     P.  S.  14,  30. 

Res.  6.     See  1898,  25.     P.  S.  1. 

Res.  7.     See  1898,  88.     P.  S.  1. 


€^ommanh)calth  0f  HlHssitcbus^its. 


Office  of  the  Secretary,  Boston,  August  30,  1898. 

I  certify  that  the  acts  and  resolves  contaiued  in  this  volume 
are  true  copies  of  the  originals,  and  that  the  accompanying  papers 
are  transcripts  of  official  records  and  returns. 

I  further  certify  that  the  tallies  showing  what 'general  statutes 
liave  been  affected  by  subsequent  legislation  have  been  prepared, 
and  are  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  governor,  in  accordance  with  the  provisions  of 
chapter  238  of  the  Acts  of  1882. 

WILLIAM   M.   OLIN, 

Secretary  of  the  Commonwealth. 


II^DEX. 


INDEX. 


A. 

PAGE 

Abolition  of  grade  crossings,  relative  to 524 

Abolition  of  Grade  Crossings  Loan  Sinking  Fund,  appropriation  for       .         .  2i 
Academy,  Dukes  County,  proceedings  of  the  annual  meeting  of  the  proprie- 
tors of,  legalized 77 

Marblehead,  relative  to  the  trustees  of 357 

Phillips,  to  extend  the  powers  of  the  trustees  of 33 

Trustees  of  the  Westfleld,  may  convey  a  certain  tract  of  land  to  the 

Westfleld  Atheuajum 399 

Acushnet  river,  relocating  and  widening  a  bridge  over,  between  Eairhaven 

and  New  Bedford 330 

Adams,  town  of,  land  may  be  taken  in,  for  the  Greylock  State  Reservation     .  529 

Address,  inaugural,  of  the  governor  .........  811 

Adjutant  general,  appropriation  for  expenses  in  the  department  of          .        .  49 

to  be  of  the  commission  to  act  upon  claims  for  bounties         .        .         .  484 

relative  to  completing  index  of  the  war  records  in  the  office  of      .        .  758 

preservation  of  war  records  in  the  office  of 759,  803 

Administrators,  relative  to  the  appointment  of,  in  certain  cases       ...  47 

relative  to 406 

special,  relative  to 357 

Admission,  of  persons  to  practice  in  the  courts  of  the  Commonwealth,  rela- 
tive to 33,  138,  322 

Advertisements,  etc.,  relative  to  the  disfigurement  of  objects  by  posting         .  468 
Advertising,  of  legislative  committee  hearings,  relative  to        ....  52 
Agawam,  town  of,  apportionment  of  cost  of  maintaining  a  bridge  over  the  Con- 
necticut river  between  Springfield  and 329 

.\ged  persons,  appointment  of  conservators  of  the  property  of         .        .         .  486 

Agricultural  College,  the  Massachusetts,  in  favor  of 801 

Agricultural  expenses,  appropriation  for 18 

.Agriculture,  board  of,  salary  of  the  first  clerk  in  the  office  of  the  secretary  of, 

established 407 

to  take  charge  of  the  work  of  exterminating  the  brown  tail  moth  .         .  530 

Aldermen,  in  the  city  of  Boston,  nominations  for      ......  668 

relative  to  the  chairmanship  of  the  board  of 675 

Alleys,  in  the  city  of  Boston,  relative  to 230 

Almshouse,  state,  appropriation  for  salaries  and  expenses  at    .         .        .         .  122 

improvements  at 800 


1054 


In^dex. 


American  Loan  and  Trust  Company,  transfer  to,  by  the  Central  Vermont  Eail 
road  Company,  of  their  interest  in  the  New  London  Northern  Rail 
road  consented  to 

Amesbury,  town  of,  relative  to  the  Essex  Merrimac  bridge  between  Newbury 
port  and 

Amherst  and  Sunderland  Street  Railway  Company,  time  for  construction  of 
its  road  extended 

Anatomical  science,  promotion  of 

Andover,  town  of,  the  Indian  Ridge  Association  in,  incorporated 

Animals,  domestic,  relative  to  contagious  diseases  among 
appropriation  for  compensation  of  inspectors  of 

Annuities,  to  soldiers,  etc.,  appropriation  for  payment  of 

Antietam,  battlefield  at,  dedication  of  monument  erected  on     . 

the  soldiers'  monument  erected  on,  to  be  conveyed  to  the  United  States 

Apportionment,  for  state  and  county  taxes,  basis  of  .... 

Appropriations  : 

salaries  and  expenses  in  the  executive  department  .... 
salaries  and  expenses  of  the  judicial  department      .... 
compensation  and  mileage  of  members  of  the  legislature,  etc. 
salaries  and  expenses  in  the  secretary's  department 
salaries  and  expenses  in  the  treasurer's  department 
salaries  and  expenses  in  the  auditor's  department    .... 
salaries  and  expenses  in  the  attorney-general's  department     . 
salaries  and  expenses  of  the  state  board  of  arbitration,  etc.    . 
salaries  and  expenses  of  the  bureau  of  statistics  of  labor 
salaries  and  expenses  in  the  office  of  the  civil  service  commission  . 
salaries  and  expenses  of  the  commissioners  of  savings  banks 
salaries  and  expenses  of  the  gas  and  electric  light  commissioners  . 
salaries  and  expenses  of  the  railroad  commissioners 

salaries  and  expenses  in  the  state  library 

salaries  and  expenses  in  the  office  of  the  tax  commissioner     . 

salaries  and  expenses  in  the  office  of  the  insurance  commissioner  . 

salaries  and  expenses  in  the  office  of  the  controller  of  county  accounts 

salaries  and  expenses  in  the  office  of  the  commissioner  of  public  records 

salaries  and  expenses  in  the  department  of  the  adjutant  general 

salaries  and  expenses  of  the  inspectors  of  gas  meters 

salaries  and  expenses  in  the  office  of  the  state  board  of  health 

salaries  and  expenses  in  the  office  of  the  state  pension  agent 

salaries  and  expenses  of  the  district  police 

salaries  and  expenses  of  the  harbor  and  land  commissioners 

salaries  and  expenses  at  the  state  farm     .... 

salaries  and  expenses  at  the  state  almshouse    . 

salaries  and  expenses  at  the  state  industrial  school  for  girls 

salaries  and  expenses  at  the  state  prison  .... 

salaries  and  expenses  at  the  Lyman  school  for  boys 

salaries  and  expenses  at  the  Massachusetts  reformatory . 

salaries  and  expenses  at  the  reformatory  prison  for  women 


Index. 


1055 


Appropriations  —  Continued. 

salaries  and  expenses  of  the  general  superintendent  of  prisons 

salaries  and  expenses  in  the  office  of  the  state  fire  marshal 

salaries  and  expenses  iu  the  office  of  the  commissioners  of  prisons 

etc 

salaries  of  employees,  etc.,  in  the  office  of  the  sergeant-at-arms 

salary  of  assayer  and  inspector  of  liquors 

compensation  of  inspectors  of  animals  and  provisions  , 
compensation  and  expenses  of  the  ballot  law  commission 
compensation  and  expenses  of  commissioners  on  inland  fisheries  and 

game    .        .         .     •    

current  expenses  at  the  Medfleld  insane  asylum        .... 
current  expenses  at  the  Massachusetts  hospital  for  consumptives,  etc 
current  expenses  at  the  Massachusetts  hospital  for  dipsomaniacs   . 
expenses  of  the  board  of  free  public  library  commissioners     . 
expenses  in  connection  with  the  extermination  of  contagious  diseases 

among  cattle,  etc 

expenses  of  the  commissioners  of  the  nautical  training  school 

expenses  of  exterminating  the  gypsy  moth       .... 

expenses  of  the  topographical  survey  commission  . 

expenses  at  the  Massachusetts  hospital  for  epileptics 

expenses  in  connection  vpith  enforcement  of  the  law  regulating  the 

practice  of  pharmacy 

expenses  in  connection  with  the  consolidation  of  the  Public  Statutes 
expenses  of  the  commission  on  revision  of  laws  relating  to  taxation 
for  erection  of  new  buildings  at  the  Worcester  lunatic  hospital 
for  the  establishment  of  a  textile  school  in  New  Bedford 
to  defray  certain  naval  and  military  expenses  .... 
certain  expenses  authorized  in  the  year  1898,  etc.     . 

certain  educational  expenses 

sundry  agricultural  expenses 

sundry  charitable  expenses 

sundry  miscellaneous  expenses 

deficiencies  in  appropriations  for  the  year  1897 

employment  of  labor  in  prisons  of  Commonwealth  . 

payment  of  state  and  military  aid      .... 

payment  of  annuities  to  soldiers,  etc. 

payment  of  tuition  of  children  in  certain  high  schools 

removal  of  wrecks  from  tide  waters  .... 

premiums  on  securities  purchased  for  the  Massachusetts 

printing  and  binding  public  documents,  etc.     . 

investigation  of  methods  of  protecting  purity  of  inland  waters 

Abolition  of  Grade  Crossings  Loan  Sinking  Fund 

Charles  River  Valley  System  of  Sewerage 

Harbor  Improvement  Loan  Sinking  Fund 

Massachusetts  Institute  of  Technology     . 

Massachusetts  School  for  the  Feeble-minded    . 


263 

29 
35 
20 
17 
21 

176 
189 
446 
305 
23 

34 

16 

22,  215 

35 

203 


77 


89 
27 
67 
9 
94 

297 
217,  349,  477,  669,  751 

106 
18 

722 
64 
4,  66 
23 
28 
56 
51 
16 
11 
68 
73 
24 
22 
24 
10 
20 


School  Fund 


1056 


IlSTDEX. 


for  the  Blind 


Appropriations  —  Concluded. 

Massachusetts  School  Fund 

Massachusetts  State  Firemen's  Association 

Medfleld  Insane  Asylum  Loan  Sinking  Fund 

Metropolitan  Parks  Loan  Sinking  Fund    . 

Neponset  Eiver  Valley  System  of  Sewerage 

North  Metropolitan  System  of  Sewerage  . 

Perkins  Institution  and  Massachusetts  School 

Prison  and  Hospital  Loan  Sinking  Fund  . 

State  Highway  Loan  Sinking  Fund  . 

State  House  Loans, Sinking  Fund 

"Worcester  Polytechnic  Institute 

preparation  and   publication   of   a   second  supplement  to  the  Public 
Statutes       

for  the  erection  of  a  new  prison  building  at  the  state  farm 
Arbitration  and  conciliation,  appropriation  for  salaries  and  expenses  of  the 

board  of 

Armories  and  state  ranges,  committee  to  be  appointed  to  investigate  and  re 

port  upon 

Army  and  navy  of  the  United  States,  relative  to  enlistments  in 

Arrest  on  mesne  process,  relative  to 

Art  commissioners,  board  of,  established  in  the  city  of  Boston 

Ashby,  town  of,  the  Fitchburg  and  Ashby  Street  Kailway  Company  may  con 

struct  its  railway  through 

Assayer  and  inspector  of  liquors,  appropriation  for  salary  of 
Assessment  of  taxes,  to  provide  for  uniformity  of     . 

Assessment  of  poll  taxes,  etc 

Assessors,  term  defined 

assistant,  appointment  of.  In  the  city  of  Salem 
Assistant  clerk  of  courts,  county  of  Bristol,  salary  established 

county  of  Norfolk,  salary  established 

Assistant  district  attorneys,  Suffolk  district,  to  equalize  the  salaries  of 
Assistant  register  of  deeds,  Middlesex  southern  district,  salary  established 
Assistant  register  of  probate  and  insolvency,  county  of  Hampden,  appoint 
ment  of 

county  of  Middlesex,  compensation  of 
Associate  medical  examiners,  appointment  of    . 
Associations  : 

Braintree  First  Parish  Cemetery,  incorporated 

Fitchburg  Helping  Hand,  incorporated     . 

for  the  formation  of  the  Framingham,  Southborough  and  Marlborough 
Street  Eailway  Company,  acts  confirmed 

Franklin  Cemetery,  The,  incorporated 

Holyhood  Cemetery,  may  hold  and  convey  certain  real  estate 

Indian  Ridge,  incorporated        .... 

Massachusetts  State  Firemen's,  appropriation  for 

Merrimac  River  Baptist,  incorporated 


IlsTDEX. 


1057 


100 
to,  by  the 


AssociATroxs  —  Concluded. 

Myles  Stainlish  Monument,  in  favor  of    . 

North  Cemetery,  incorporated 

North  Rochester  Cemetery,  incorporated 

Oakland  Cemetery,  incorporated 

Pine  Grove  Cemetery,  of  "Westborough,  incorporated 

Women  Clerks'  Benefit,  of  Boston,  incorporated 

Worcester  Hibernian  Building,  incorporated    . 
Athenajum,  the  Westfield,  a  certain  tract  of  land  may  be  conveyed 

Trustees  of  Westlield  Academy 

Attachments,  relative  to       .......        . 

Attorney-general,  appropriation  for  expenses  in  the  office  of     . 

printing  report  of 

relative  to  the  report  of 

additional  copies  of  report  of,  to  be  printed     . 

publication  of  opinions  of 

Attorneys  at  law,  relative  to  admission  of 

Auditor,  duties  of,  relative  to  advertising  hearings  before  legislative  committees 

appropriation  for  salaries  and  expenses  in  the  department  of 

duties  of,  relative  to  payments  from  the  receipts  on  account  of  prison 
industries 

to  examine  counting  and  voting  machines 

clerical  assistance  in  the  office  of 

to  be  of  the  commission  to  act  upon  claims  for  bounties 

to  be  of  the  board  to  examine  voting  machines,  etc. 
Ayer  Home,  Trustees  of,  incorporated 


33,  138 


766 
362 
124 
157 
158 
123 
,  480 

399 

360 

6 

115 

390 

762 

796 

,322 

52 

54 

192 
315 

482 
484 
628 
202 


B. 

Bail,  in  criminal  cases,  to  secure  uniformity  in  taking 355 

Ballot  law  commission,  state,  providing  for 592 

appropriation  for  compensation  and  expenses  of 21 

Ballots,  relative  to  counting 317 

preparation  and  form  of 602 

delivery  of 606 

in  town  elections,  number  to  be  provided 108 

Banks,  co-operative,  relative  to 181 

savings,  relative  to 96 

to  limit  the  connection  between  national  banking  associations  and     .  725 

Baptist  Association,  the  Merrimac  River,  incorporated 131 

Bar  examiners,  state  board  of,  payment  of  expenses  of 259 

Barnstable  bay,  channel  to  be  cut  from  Scorton  harbor  to         ...        .  394 

Barnstable  county,  may  pay  a  sum  of  money  to  Solomon  B.  Rich     .         .        .  483 

tax  granted  for 788 

Barnstable  County  Street  Railway  Company,  charter  extended          .        .        .  154 

Basis  of  apportionment  for  state  and  county  taxes,  established         .        .         .  163 

Bjistardy  cases,  approval  of  bonds  in 104 


1058 


I^^DEX. 


Rail 


commission,  relative  to 


Baths,  wash  houses,  etc.,  in  towns,  relative  to  the  use  of 
Battlefield  of  Antietam,  dedication  of  monument  erected  on 

monument  erected  on,  to  be  conveyed  to  the  United  States 

Becket,  town  of,  proceedings  confirmed 

Belchertown,  town  of,  to  confirm  proceedings  of  the  assessors  of 
Bellingham,  town  of,  the  Milford,  Woonsocket  and  Attleborough  Street 

way  Company  may  construct  its  railway  through 
Belvidere  street,  in  Boston,  construction  of 

Belyea,  Sadie  B.,  in  favor  of 

Beneficiary  organizations,  fraternal,  relative  to 

Benefit  Association,  the  Women  Clerks',  incorporated 

Bennett  Spinning  Company,  to  incorporate 

Bennington  street,  in  Boston,  relative  to    . 

Berkley,  town  of,  the  Fox  Cemetery  in,  may  hold  and  convey  certain  lands 

Berkshire  county,  salary  of  judge  of  probate  and  insolvency  of,  established 

to  establish  the  Greylock  State  Reservation  in         .... 

tax  granted  for 

a  fish  hatchery  to  be  established  in    . 
Betterment  taxes,  assessed  by  the  metropolitan  park 
Beverly,  city  of,  relative  to  streets  and  highways  in 

may  borrow  money  for  school  purposes   . 

relative  to  state  highways  in     . 

in  favor  of  the  New  England  Industrial  School  for  Deaf  Mutes  in 
Bicycle  paths,  cities  and  towns  may  construct   . 
Bicycles,  etc.,  to  regulate  the  use  of  . 
Birds,  certain,  protection  of        ...        . 
Birds  and  game,  law  relative  to  the  preservation  of,  amended 
Blue  Hill  avenue,  etc.,  city  of  Boston  may  complete  . 
Board : 

of  agriculture,  salary  of  the  first  clerk  in  the  office  of  the  secretary  of, 

established 

to  take  charge  of  the  work  of  exterminating  the  brown  tail  moth 

of  arbitration,  etc.,  appropriation  for  salaries  and  expenses  of 

of  bar  examiners,  payment  of  expenses  of 

of  education,  duties  of,  relative  to  the  construction  of  a  school  building 

in  the  city  of  Fitchburg 

edition  of  the  annual  report  of  the  secretary  of,  increased  . 

of  estimate  atnd  apportionment,  established  in  the  city  of  Boston   . 

of  free  public  library  commissioners,  appropriations  for 
relative  to  report  of 

of  gas  and  electric  light  commissioners,  salaries  established  . 

to  consider  and  report  on  a  plan  for  the  consolidation  of  certain  gas 
companies 

of  health,  state,  appropriation  for  salaries  and  expenses  in  the  ofl[ice  of 
to  provide  for  illustrations  in  the  report  of 

of  insanity,  state,  to  establish 

of  lunacy  and  charity,  five  hundred  copies  of  certain  portions  of  the 
report  of,  to  be  printed  for  the  use  of  the  board       .... 


PAGE 

82 
765 
777 
214 

74 


263 


Index. 


1059 


Board  of  Water  Commissioners  of  the  City  of  Somerville,  name  established 
Boards  and  commissions,  state,  organization  of         .... 
Boiler  inspection  department  of  district  police,  additional  members  of 
Bombardment,  insurance  against  loss  by,  relative  to         .        .        . 

Bond,  John  A.,  notary  public,  acts  legalized 

Bonds,  in  bastardy  cases,  approval  of 

of  city  officials,  cities  may  appropriate  money  to  pay  charges  of  insnr 

ance  companies  as  sureties  on 

Booms  across  the  Connecticut  river,  construction  of         .         .        . 
Boston,  city  of,  may  pay  a  sum  of  money  to  the  children  of  John  Kelly 

may  pay  a  sum  of  money  to  the  children  of  Charles  A.  Lambert 

to  change  the  name  of  the  Penitent  Females'  Refuge  in  . 

may  pay  a  sum  of  money  to  Thomas  W.  McCabe     . 

may  pay  a  sum  of  money  to  Mary  A.  T.  Morrissey  . 

may  pay  a  sum  of  money  to  family  of  Edward  C.  Cadigan     . 

may  pay  a  sum  of  money  to  the  widow  of  Charles  J.  Vaughn 

the  Quincy  Market  Cold  Storage  Company  in,  may  increase  its  capital 
stock,  etc 

sale  of  certain  land  taken  for  park  purposes  in        .        .        . 

relative  to  grounds  for  parade,  drill,  etc.,  of  the  militia  in 

may  issue  bonds  for  school  purposes 

pensioning  war  veterans  on  the  police  force  of       .        .        , 

taking  of  land  for  school  purposes  in 

to  incorporate  the  "Women  Clerks'  Benefit  Association  of 

construction  of  buildings  in 

plotting  and  laying  out  of  streets  in 

relative  to  Bennington  street  in 

appointment  and  assignment  of  assistant  assessors  in     . 

construction  of  schoolhouses  in 

may  complete  Blue  Hill  avenue,  etc. 

boundary  line  between  Newton  and 

boundary  line  between  Cambridge  and 

relative  to  disabled  firemen  in 

relative  to  the  southern  union  passenger  station  in  . 

wires  and  electrical  appliances  in,  to  be  placed  underground  . 

boundary  line  between  Hyde  Park  and 

payment  of  assessments  for  the  laying  out,  etc.,  of  highways  in 

municipal  court  of,  additional  court  officer  for 

relative  to  sewerage  works  in 

relative  to  Stony  brook  in 

inspection  of  wires  in  buildings  in 

widening  of  Rutherford  avenue  and  Devens  street,  etc.,  in 

changing  harbor  lines  in 

appointment  of  special  police  officers  in 

schoolhouses  exempt  from  certain  provisions  of  law  relative  to  erection 
of  buildings  in 

relative  to  alleys  in 

construction,  maintenance,  etc. ,  of  buildings  in 


PAGE 

23 
195 
193 
319 
804 
10-i 

27 
466 
60 
60 
67 
67 
71 
74 
74 

83 
92 
92 
96 
113 
114 
123 
141 
142 
160 
161 
161 
174 
178 
179 
180 
182 
183 
185 
186 
189 
190 
193 
196 
204 
206 
210 

212 
230 
254 


1060  Index. 

PAGE 

Boston,  city  of —  Concluded. 

may  finish  the  construction  of  its  public  parks 259 

construction  of  Belvidere  street  in 274 

powers  of  officers  of  law  department  of 275 

may  pay  a  sum  of  money  to  Catherine  Regan 276 

relative  to  the  official  seal  of  the  registrar  of  .         .         .       , .         .        .  332 

relative  to  the  support  of  public  schools  in 341 

registration  of  voters  in 343 

may  pay  a  sum  of  money  to  Mary  J.  Murphy 347 

board  of  art  commissioners  established  in        ......        .  353 

to  provide  for  a  system  of  playgrounds  in 356 

relative  to  the  income  from  the  water  works  in 373 

may  pay  a  sum  of  money  to  widow  of  Frank  Bowker      ....  370 

changing  part  of  boundary  line  between  Newton  and      ....  376 

relative  to  the  finances  of  .........         .  386 

may  pay  a  sum  of  money  to  Ellen  M.  Brawley 397 

height  of  buildings  on  and  near  Copley  square  in 401 

Cambridge  and,  may  construct,  etc.,  a  bridge  over  the  Charles  river      .  414 

relative  to  loans  in 421 

completion  of  the  public  library  building  In 434 

dam  to  be  constructed  across  the  Charles  river  between  Cambridge 

and 488 

may  pay  a  sum  of  money  to  the  widow  of  James  M.  Ellis       .         .        .  521 

relative  to  streets,  etc.,  in  the  neighborhood  of  parks  and  boulevards  in  527 

nomination  of  aldermen  iu 668 

chairmanship  of  the  board  of  aldermen  of 675 

laying  out  and  construction  of  highways  in 724 

may  pension  the  widow  of  James  M.  Ellis 728 

Boston  Co-operative  Building  Company,  may  hold  additional  estate         .         .  173 
Boston  Elevated  Railway  Company,  provisions  afiecting  .        .         414-418,  737-750 
Boston  harbor,  pilot  commissioners  of,  may  suspend  certain  statutory  provi- 
sions, etc 392 

Boston  Pneumatic  Transit  Company,  may  lay  its  tubes  across   Fort  Point 

channel 180 

Boston  Society  of  the  New  Jerusalem,  may  take  and  hold  certain  property      .  528 
Boston  and  Maine  Railroad,  may  hold  shares  in  the  capital  stock  of  certain 

other  railroad  corporations 128 

Boulevard,  from  the  Point  of  Pines  to  Lynn  Woods,  etc.,  relative  to       .        .  468 

Boundary  line,  between  Boston  and  Cambridge 179 

between  Boston  and  Hyde  Park 185 

between  Boston  and  Newton 178,  376 

between  Bourne  and  Wareham,  to  provide  for  expense  of  establishing  .  786 

between  Cambridge  and  Watertown,  established 98 

between  Chilmark  and  Gay  Head,  relative  to 303 

between  Massachusetts  and  Connecticut,  examination  of        .         .        .  767 
between  Massachusetts  and  the  states  of  New  Hampshire  and  Vermont, 

payment  of  expenses  in  connection  with  the  establishment  of         .  795 


Index.  1061 


PAGB 

Boundary  line  —  Concluded. 

between  Massachusetts  and  Rhode  Island,  completing  survey  of,  etc.   .  757 

between  New  York  and  Massachusetts,  completing  survey  of,  etc.         .  757 

Boundary  lines,  renewal  of  monuments,  etc.,  marking 231 

Bounties,  to  soldiers,  to  provide  for  the  payment  of 484 

Bourne,  town  of,  the  Plymouth  and  Sandwich  Street  Railway  Company  may 

construct  and  operate  its  road  in       .         .        .         ....  255 

to  provide  for  expense  of  establishing  the  boundary  line  between  Ware- 
ham  and 786 

Bow  street,  in  Boston,  widening  of 204 

Bowker,  Frank,  city  of  Boston  may  pay  a  sum  of  money  to  widow  of     .         .  376 

Iloxford,  town  of,  exempt  from  maintaining  a  higli  school       ....  528 
Boylston,  town  of,  certain  persons  in,  may  be  reimbursed  for  damage  under 

the  metropolitan  water  supply  act 666 

Boys'  School,  the  Mount  Hermon,  relative  to 419 

Brackenbury,  John  C,  in  favor  of 760 

Bradford's  History  of  Plymouth  Plantation,  relative  to 783 

fixing  the  price  of  copies  of 792 

additional  copies  to  be  printed 802 

Braintree,  town  of,  the  Braintree  First  Parish  Cemetery  Association  incorpo- 
rated in 145 

Braintree  First  Parish  Cemetery  Association,  incorporated        ....  145 

Brawley,  Ellen  M.,  the  city  of  Boston  may  pay  a  sum  of  money  to  .         .         .  397 

Breach  of  conditions  in  deeds,  relative  to  entries  for 476 

Bridge,  over  the  Acushnet  river,  between  Fairhaveu  and  New  Bedford,  relo- 
cating and  widening 330 

over  Charles  river,  cities  of  Boston  and  Cambridge  may  construct,  etc.  414 
over  the  Connecticut  river,  between  Agawam  and  Springfield,  apportion- 
ment of  cost  of  maintenance  of 329 

across  the  Connecticut  river,  at  Northfleld,  relative  to  the  construc- 
tion of 80,  730 

the  Essex  Merrimac,  between  Newburyport  and  Amesbui-y,  relative  to  .  298 

between  Marblehead  and  Salem,  to  be  rebuilt 667 

over  the  Merrimac  river,  between  Newburyport  and  Salisbury,  relative  to  298 

may  be  constructed  across  the  Saugus  river 541 

Bristol  county,  time  and  place  for  holding  probate  courts  in     .        .         .         .  132 

salary  of  treasurer  established 264 

assistant  clerk  of  courts  of ,  salary  established 315 

tax  granted  for 769 

Brockton,  city  of,  appropriations  by,  for  the  Brockton  hospital        .        .         .  358 

relative  to  lighting  the  police  station  of 476 

Brockton  hospital,  appropriations  for,  by  the  city  of  Brockton          .        .         .  358 

Brookline,  town  of,  relative  to  the  tree  planting  committee  of         ...  70 

may  appropriate  money  for  a  building  for  court  and  police  purposes      .  132 

police  court  of,  name  clianged  to  the  municipal  court  of  Brookline         .  148 

Brooks,  Annie  M.,  in  favor  of 794 

Brown  tail  moth,  extermination  of 530 


10G2  I]>^DEX. 


PAGE 

Building  Association,  the  Worcester  Hibernian,  incorporated,  etc.  .        .       100,  480 

Building  Company,  tlie  Boston  Co-operative,  may  liold  additional  estate  .         .  173 

Buildings,  in  the  city  of  Boston,  construction,  etc.,  of      ...         .       141,  254 

inspection  of  wires  in 196 

on  or  near  Copley  square,  relative  to 401 

Bulflnch  state  house,  publication  of  proceedings  commemorating  the  centen- 
nial of 780 

Bulletin,  of  committee  hearings,  publication  of 754 

Bureau  of  statistics  of  labor,  appropriation  for  salaries  and  expenses  in  .         .  7 
may  expend  a  certain  sum  of  money  for  the  purposes  of  the  decennial 

census  of  1895 46 

to  investigate  the  subject  of  Sunday  labor 344 

to  investigate  the  subject  of  labor  and  co-operative  insurance        .        .  790 

Burial  Society,  the  Fall  River  Philanthropic,  relative  to 399 

Burr,  Lemuel,  in  favor  of 758 

Buzzard's  bay,  to  define  the  limits  of 112 

c. 

Cadigan,  Edward  C,  city  of  Boston  may  pay  a  sum  of  money  to  the  family  of  74 

Caleb's  Pond  Company,  incorporated 727 

relative  to  the  powers  of 116 

Cambridge,  city  of,  may  refund  money  paid  for  park  betterments     ...  88 

boundary  line  between  Watertown  and 98 

may  take  certain  lands  of  Mount  Auburn  Cemetery  for  street  purposes  102 
to  increase  the  heating,  ligliting  and  power  plant  at  the  house  of  correc- 
tion in 112 

boundary  line  between  Boston  and 179 

Boston  and,  may  construct,  etc.,  a  bridge  over  Charles  river  .         .        .  414 

dam  to  be  constructed  across  Charles  river  between  the  city  of  Boston  and  488 

Camljridge  Bridge  Commission,  appointment  of         ......  415 

Candidates,  nomination  of,  by  political  parties 113 

in  political  conventions,  nominations  to  be  made  by  majority  vote          .  126 

at  elections,  nomination  of 585 

Canton,  town  of,  Knollwood  Cemetery  incorporated  in      .         .        .         ;        .  139 

Canvass  and  count  of  votes,  purchase  of  apparatus  to  be  used  in  the        .         .  792 
Cattle  and  other  animals,  appropriation  for  expenses  of  the  extermination  of 

contagious  diseases  among 34 

Cattle  commissionei's,  to  make  rules  for  guidance  of  inspectors  of  animals,  etc.  400 

Caucus,  tei'm  defined 542 

Caucus  officers,  relative  to 317 

term  defined 542 

Caucuses,  relative  to  voting  in 389 

relative  to 421 

of  political  parties,  provisions  applying  to        ...         .        569,  572,  574 

other  than  those  of  political  parties,  provisions  applying  to    .        .        .  584 

and  elections,  law  relative  to,  amended    ....        113,  126,  317,  389 


Index.  1063 

PAGE 

Cemeteries,  in  tbe  city  of  Taunton,  to  be  under  the  control  of  tlie  parlc  com- 
missioners     101 

Cemetery,  Mount  Auburn,  the  city  of  Cambridge  may  take  certain  lauds  of, 

for  street  purposes 102 

the  Fox,  in  the  town  of  Berlvley,  may  hold  and  convey  certain  lands  in  •  473 

Knolhvood,  incorporated 138 

Cemetery  Association  : 

the  Braintree  First  Parish,  incorporated 145 

The  Franklin,  incorporated 143 

the  Holyhood,  may  hold  and  convey  certain  real  estate    ....  441 

the  North,  incorporated 362 

the  North  Rochester,  incorporated 124 

the  Oakland,  incorporated 157 

the  Pine  Grove,  of  Westborough,  incorporated 158 

Cemetery  corporations,  may  incinerate  bodies  of  the  dead        .        .        .        .391 

Census,  decennial,  relative  to 46 

Central  Vermont  Railroad  Company,  transfer  of  mortgage  held  by,  in  the  New 

London  Northern  Railroad 405 

Certificates,  of  election,  records  and 618 

official  seals  and,  relative  to 332 

of  change  of  par  value  of  corporations,  etc.,  to  be  approved  by  the  com- 
missioner of  corporations 469 

of  incorporation,  certain  corporations  may  surrender      ....  469 

and  returns  of  corporations,  relative  to 38 

CUAN'GE   OF   NAMES,    OF   CORPORATIONS,  ETC.  : 

Haverhill  City  Hospital 162 

Penitent  Females'  Refuge  in  the  City  of  Boston,  The,      ....  67 

police  court  of  Brookline 148 

Somerville  Mystic  Water  Board 23 

Change  of  names  of  persons 849 

Changes  in  legislation,  table  of 883 

Charitable  expenses,  appropriations  for 77,  722 

Charitable  Eye  and  Ear  Infirmary,  the  Massachusetts,  in  favor  of    .         .         .  783 

Charity  Club,  the  Woman's,  in  favor  of 803 

Charles  river,  the  Boston  Pneumatic  Transit  Company  may  lay  its  tubes 

across 180 

the  cities  of  Boston  and  Cambridge  may  construct,  etc.,  a  bridge  over  .  414 
dam  to  be  constructed  across,  between  the  cities  of  Boston  and  Cam- 
bridge    488 

Charles  river  valley  system  of  sewerage,  appropriation  for        ....  22 

Charles  and  Neponset  river  valleys,  sewer  for  relief  of 755 

Chastity  and  morality,  punishment  of  offences  against 396 

Cheshire,  town  of,  land  may  be  taken  in,  for  the  Greylock  State  Reservation    .  529 

Cheshire  Water  Company,  may  increase  its  water  supply 314 

Chicopee,  city  of,  filling  of  vacancies  in  the  board  of  aldermen  of    .         .        .  86 

Chief  of  the  district  police,  an  additional  clerk  provided  for  in  the  office  of    .  153 

edition  of  annual  report  of,  increased 263 


1064 


Index. 


operty  may  be  con- 
of  Brookline,  name 


Children,  protection  of 

in  truant  schools,  temporary  release  of 

Chilmark,  town  of,  relative  to  the  boundary  line  between  Gay  Head  and  . 
Christian  Union,  the  Young  People's,  of  the  Universalist  Church,  incorporated 
Church : 

The  First  Congregational,  of  Fairhaven,  certain  p: 

veyed  to 

The  Trustees  of  Saint  Mark's  Methodist  Episcopal, 

established 

Churches,  custody  of  the  records  of   . 
Cities  : 

Beverly,  relative  to  streets  and  highways  in     . 

may  borrow  money  for  school  purposes 

relative  to  state  highways  in  ... 

in  favor  of  the  New  England  Industrial  School  for  Deaf  Mutes 
Boston,  may  pay  a  sum  of  money  to  the  children  of  John  Kelly 

may  pay  a  sum  of  money  to  the  children  of  Charles  A.  Lambert 

to  change  the  name  of  the  Penitent  Females'  Refuge  in 
.  may  pay  a  sum  of  money  to  Thomas  W.  McCabe 

may  pay  a  sum  of  money  to  Mary  A.  T.  Morrissey 

may  pay  a  sum  of  money  to  the  family  of  Edward  C.  Cadigan 

may  pay  a  sum  of  money  to  the  widow  of  Charles  J.  Vaughn 

the  Quincy  Market  Cold  Storage  Company  in,  may  increase  its  capital 
stock,  etc 

sale  of  certain  land  taken  for  park  purposes  in 

relative  to  grounds  for  parade,  drill,  etc.,  of  the  militia  in 

may  issue  bonds  for  school  purposes     .... 

pensioning  war  veterans  on  the  police  force  of     . 

taking  of  land  for  school  purposes  in    . 

construction  of  buildings  in 

plotting  and  laying  out  of  streets  in       ...        . 

relative  to  Bennington  street  in 

appointment  and  assignment  of  assistant  assessors  in  . 

construction  of  schoolhouses  in 

may  complete  Blue  Hill  avenue,  etc 

boundary  line  between  Newton  and       .... 

boundary  line  between  Cambridge  and  .... 

relative  to  disabled  firemen  in 

relative  to  the  southern  union  station  in       .         .         . 

wires  and  electrical  appliances  in,  to  be  placed  undergroun 

boundary  line  between  Hyde  Park  and 

payment  of  assessments  for  laying  out,  etc.,  of  highways  in 

municipal  court  of,  additional  court  officer  for 

relative  to  sewerage  works  in         .         .        . 

relative  to  Stony  brook  in      ...         . 

inspection  of  wires  in  buildings  in 

widening  of  Rutherford  avenue  in,  etc. 


PAGE 

337 

260 
303 
104 


491 


402 

262 

340 

800 

799 

60 

60 

67 

67 

71 

74 

74 

83 
92 
92 
96 
113 
114 
141 
142 
160 
161 
161 
174 
178 
179 
180 
182 
183 
185 
186 
189 
190 
193 
196 
204 


Index. 


10G5 


law  relative  to 


Cities —  Continued. 

Boston,  clmngiug  harbor  lines  in       .         .         . 

appointment  of  special  police  oflicers  in 

schoolhouses  exempt  from  certain  provisions  of 
tion  of  buildings  in 

relative  to  alleys  in 

construction,  maintenance,  etc.,  of  buildings  in 

may  flnisli  the  construction  of  its  public  parks 

construction  of  Belvidere  street  in 

powers  of  ollicers  of  law  department  of 

may  pay  a  sum  of  money  to  Catherine  Began 

relative  to  the  olllcial  seal  of  the  registrar  of 

relative  to  the  support  of  public  schools  in  . 

registration  of  voters  in         .... 

may  pay  a  sum  of  money  to  Mary  Jane  Murphy 

board  of  art  commissioners  established  in    . 

to  provide  for  a  system  of  playgrounds  in    . 

relative  to  the  income  from  the  water  works  in 

may  pay  a  sum  of  money  to  the  widow  of  Frank  Bowker 

changing  part  of  the  boundary  line  between  Newton  and 

relative  to  the  tinances  of 

may  pay  a  sum  of  money  to  Ellen  M.  Brawley 

height  of  buildings  on  and  near  Copley  square  in 

Cambridge  and,  may  construct,  etc.,  a  bridge  over  Charles 

relative  to  loans  in 

completion  of  the  public  library  in        ...        . 

dam  to  be  constructed  across  the  Charles  river  between 
and 

may  pay  a  sum  of  money  to  widow  of  James  M.  Ellis  . 

relative  to  streets,  etc.,  in  the  neighborhood  of  parks  and 
in 

nomination  of  aldermen  in 

chairmanship  of  the  board  of  aldermen  of    . 

laying  out  and  construction  of  highways  in  . 

ma}'  pension  the  widow  of  James  M.  Ellis     . 
Brockton,  appropriations  by,  for  the  Brockton  hospital  . 

relative  to  lighting  the  police  station  of        .         .        . 
Cambridge,  may  refund  money  paid  for  park  betterments 

boundary  line  between  Watertown  and 

may  take  certain  land  of  Mount  Auburn  cemetery  for  street  purposes 

to  increase  the  heating,  lighting  and  power  plant  at  the  house  of  cor 
rection  in 

boundary  line  between  Boston  and 

Boston  and,  may  construct,  etc.,  a  bridge  over  Charles  river 

dam  to  be  constructed  across  tlie  Charles  river  between  Boston  and 
Chicopee,  tilling  of  vacancies  in  the  board  of  aldermen  of 
Everett,  additional  outlet  for  sewage  of 


Cambridge 


boulevards 


206 
210 

212 
230 
254 
259 
27-t 
275 
276 
332 
341 
343 
347 
353 
356 
373 
376 
376 
386 
397 
401 
414 
421 
434 

488 
521 

527 
668 
675 
724 
728 
358 
476 
88 
98 
102 

112 
179 
414 
488 
86 
148 


106(3  IXDEX. 

PAGE 

Cities  —  Continued. 

Everett,  may  make  contract  with  the  city  of  Maiden  relative  to  sewage 

and  water  supply 450 

Fall  Eiver,  may  borrow  money  for  sewer  purposes 205 

relative  to  the  law  library  in 212 

relative  to  the  Fall  Kiver  Thilanthropic  Burial  Society  in     .         .         .  399 

completion  of  the  jail  in 420 

Fitchburg,  construction  of  school  building  on  land  of  the  Common- 
wealth in 179 

the  Fitchburg  and  Ashby  Street  Kailway  Company  may  construct  its 

railway  through 300 

Gloucester,  charter  revised 233 

may  borrow  money  for  street  improvements 321 

relative  to  state  highways  in  .        . 800 

Haverhill,  relative  to  the  board  of  license  commissioners  of    .        .        .  332 

Holyoke,  may  supply  water  to  certain  towns 439 

Lawrence,  relative  to  the  superintendent  of  streets  in      ....  63 

may  borrow  money  for  certain  purposes 117,348 

support  of  library  at  court  house  in       .        .        .        .        .        .        .191 

Lowell,  appointments  in  the  fire  department  of 114 

in  favor  of  the  textile  school  in 796 

improvements  at  the  normal  school  in 796 

Lynn,  may  borrow  money  for  school  purposes 215 

may  complete  its  system  of  sewage  disposal 265 

Maiden,  may  make  contract  with  the  city  of  Everett  relative  to  sewage 

and  water  supply 450 

Marlborough,  may  borrow  money  for  sewerage  purposes        .        .        .  306 

Medford,  may  borrow  money  for  certain  purposes  .         .        .         .        115,154 

New  Bedford,  may  borrow  money  for  park  purposes       .         .         .        .  91 

appropriation  for  the  establishment  of  a  textile  school  in    .         .        .  94 

appointment  of  park  commissioners  for 175 

relative  to  the  law  libraiy  in 212 

relocating  and  widening  a  bridge  over  the  Acushnet  river  between 

Fairhaven  and 330 

Newburyport,  may  borrow  money  for  school  purposes  ....  260 

relative  to  certain  bridges  over  the  Merriraac  river  in  .         .         .        .  298 

Newton,  may  make  an  additional  water  loan 33 

certain  powers  conferred  upon,  in  respect  to  water  courses         .        .  37 

boundary  line  between  Boston  and 178 

laying  of  public  parks,  etc.,  in 197 

changing  part  of  the  boundary  line  between  Boston  and      .         .         .  376 

police  court  of,  salary  of  justice  established 305 

North  Adams,  land  may  be  taken  in,  for  the  Greylock  State  Keservation  529 

purchase  of  land  for  the  normal  school  at 797 

Quincy,  may  sell  certain  real  estate 69 

a  justice  of  the  peace  to  issue  warrants  and  take  bail  may  be  ap- 
pointed in 320 


Index.  10G7 


I'AGE 

Cities  —  Concluded. 

Salem,  appoiutraent  of  assistant  assessors  in 22 

highway  between  Marblehead  and,  to  be  wideued,  etc.         .        .         .  G67 

Somerville,  may  lay  out  certain  laud  for  a  public  park     ....  187 
Springfield,  the  Romau  Catholic  Bishop  of,  corporation  created  under 

the  name  of 308 

police  court  of,  salary  of  justice  established 313 

apportionment  of  cost  of  maintaining  a  bridge  over  the  Conuecticut 

river  between  Agawam  and 329 

Taunton,  custody  of  shade  trees  in 60 

the  public  cemeteries  in,  to  be  under  the  control  of  the  park  commis- 
sioners           101 

the  city  engineer  of,  to  be  the  clerk  of  the  board  of  commissioners  of 

sewerage  construction 101 

proceedings  of  city  council  of,  confirmed 108 

relative  to  sewage  disposal  of 109 

the  Providence  and  Taunton  Street  Railway  Company  may  locate  its 

tracks  in 208 

a  sewer  rental  system  may  be  established  for 276 

"Woburn,  may  borrow  money  for  constructing  a  high  school  building    .  /  194 

Worcester,  grade  crossings  in 95 

the  Hibernian  Building  Association  in,  incorporated,  etc.    .        .       100,  480 
Cities,  may  appropriate  money  to  pay  charges  of  insurance  companies  on  bonds 

of  city  officials 27 

appointment  of  constables  in 141 

may  pension  firemen 196 

Cities  and  towns,  flre  engines,  etc.,  to  have  right  of  way  through  streets  of    .  108 

may  construct  bicycle  paths 299 

to  pay  interest  on  sums  due  on  account  of  liquor  licenses        .        .         .  305 

support  of  state  poor  by 333 

relative  to  the  water  supply  of  certain,  from  the  metropolitan  water 

works 333 

the  supreme  judicial  and  superior  courts  to  hear  and  determine  ques- 
tion of  raising  money  by,  for  certain  purposes 445 

may  make  temporary  loans 486 

to  legalize  appropriations  for  the  benefit  of  soldiers  and  sailors  in        487,  728 

City  clerks,  duties  of,  relative  to  elections 541-663 

City  election,  term  defined 542 

City  officer,  term  defined 542 

Civil  government,  list  of  persons  connected  with 857 

Civil  service  commissioners,  appropriation  for  expenses  of       ....  63 
Claims  for  soldiers'  relief,  disputed,  to  be  referred  to  the  commissioners  on 

state  aid 303 

Clerical  assistance,  register  of  probate,  etc.,  county  of  Worcester    .        .        .  7G 

clerks  of  courts 175 

police  court  of  Lawrence 213 

clerk  of  police  court  of  Lynn 270 


1068 


Index. 


Clerical  assistance  —  Concluded. 

register  of  probate,  etc.,  county  of  Middlesex 

auditor  of  the  Commonwealth 

Clerk,  first,  of  secretary  of  board  of  agriculture,  salary  established 

an  additional,  provided  for  in  the  office  of  the  chief  of  the  district  police 
first  district  court  of  northern  Worcester,  travelling  expenses  of  . 
first  district  court  of  southern  Worcester,  to  establish  the  office  of 
fourth  district  court  of  Berkshire,  salary  established 

police  court  of  Lynn,  clerical  assistance  for 

second  district  court  of  eastern  Worcester,  salary  established 
Clerk  of  courts,  assistant,  county  of  Bristol,  salary  established 

county  of  Norfolk,  salary  established        ...... 

Clerks  of  courts,  clerical  assistance  for 

Clinton,  town  of,  the  metropolitan  water  board  may  take  land  in,  for  the  dis 

posal  of  sewage 

Clothing  made  in  unhealthy  places,  manufacture  aud  sale  of     . 

Coat-of-arms,  of  the  Commonwealth,  relative  to 

Codification,  of  the  laws  relating  to  elections 

Cold  Storage  Company,  the  Quincy  Market,  may  increase  its  capital  stock,  etc 
College,  the  Massachusetts  Agricultural,  in  favor  of         .... 
Colonial  forces,  in  the  Louisburg  expedition,  relative  to  the  rolls  of 
Coloring  matter,  to  prohibit  the  use  of,  in  the  manufacture  of  sausages  . 
Columbia  Spinning  Company,  the  Bennett  Spinning  Company  may  purchase 

and  operate  the  plant  of 

Columbus  avenue,  relative  to  the  completion  of 

Commander-in-chief,  relative  to  the  staff  of 

Commission,  ballot  law,  appropriation  for  compensation  and  expenses  of 

providing  for  a       . 

to  act  upon  claims  for  bounties,  the  auditor,  secretary  and  adjutant 

general  to  constitute 

the  Grey  lock  Reservation,  to  be  appointed 

on  taxation,  to  provide  for  printing  report  of 

highway,  may  construct,  etc.,  state  highways 

Commissioner,  of  corporations,  change  of  par  value  of  shares,  etc.,  of  corpo 

rations  to  be  approved  by 

insurance,  relative  to  the  duties  of 

appropriation  for  salaries  and  expenses  in  the  oflice  of        .         . 
relieved  from  obligation  to  approve  accounts  of  the  fire  marshal 
may  issue  licenses  to  insure  against  loss  by  bombardment  . 
duties  of,  relative  to  the  organization  of  fraternal  beneficiary  corpo 

rations 

to  prescribe  forms  for  returns  of  reinsurance 
of  public  records,  may  expend  money  to  preserve  certain  public  records 

edition  of  annual  report  of,  increased 

additional  copies  of  report  of,  to  be  printed 
tax,  may  appoint  a  deputy 


541 


PAOE 

271 
482 
407 
153 
189 
311 
407 
270 
320 
315 
481 
175 

672 
97 
481 
-663 
83 
801 
776 
128 

17 
175 
304 

21 
592 

484 
529 
784 
526 

469 

32 

88 

107 

319 


424- 


434 
522 
46 
263 
765 
472 


Index.  1069 


PAGE 

Commissioners,  art,  board  of,  established  in  the  city  of  Boston        .        .        .  353 

cattle,  to  make  rules  for  yuidauce  of  inspectors  of  animals,  etc.     .        .  400 

civil  service,  appropriation  for  expenses  of 63 

free  public  library,  relative  to  report  of 762 

gas  and  electric  light,  appropriation  for  expenses  in  the  office  of  .        .  7 

salaries  established 467 

to  consider  and  report  a  plan  for  the  consolidation  of  certain  gas  com- 
panies    798 

harbor  and  land,  appropriation  for  salaries  and  expenses  of   .         .        .  72 
duties  of,  relative  to  the  construction  of  a  channel  from  Osterville 

bay  to  Vineyard  Sound 392 

may  construct  a  channel  from  Vineyard  Sound  to  Lake  Anthony         .  393 

to  cut  a  channel  from  Scorton  harbor  to  Barnstable  bay      .        .         .  394 
duties  of,  relative  to  the  construction  of  a  bridge  over  Charles  river, 

between  Boston  and  Cambridge 415 

duties  of,  relative  to  the  improvement  of  Green  Harbor       .        .        .  419 
duties  of,  relative  to  the  construction  of  booms  across  the  Connecti- 
cut river 466 

salaries  established 729 

duties  of,  relative  to  the  opening  of  the  Connecticut  river  to  naviga- 
tion        799 

on  inland  fisheries  and  game,  appropriation  for  compensation  and  ex- 
penses of 176 

may  lease  certain  ponds  in  Dukes  County 361 

metropolitan  park,  liability  of  the  Commonwealth  on  account  of  de- 
fects in  streets,  etc.,  under  the  control  of 403 

duties  of,  relative  to  making  rivers  and  ponds  available  for  purposes 

of  I'ecreation 409 

relative  to  betterment  taxes  assessed  by 423 

increasing  amount  of  money  placed  at  the  disposal  of          .         .         .  488 

to  construct  a  dam  across  the  Charles  river 488 

may  construct  a  bridge  across  the  Saugus  river 541 

metropolitan  sewerage,  to  consider  and  report  on  system  of  sewerage 

for  the  Charles  and  Neponset  river  valleys 755 

of  pilots,  Boston  harbor,  may  suspend  certain  statutory  provisions, 

etc 392 

of  prisons,  appropriation  for  expenses  of 29 

on  revision  of  laws  relating  to  taxation,  appropriation  for  compensation 

and  expenses  of 57 

of  savings  banks,  appropriation  for  expenses  in  the  office  of .         .         .  6 

special,  to  enlarge  tlie  powers  of  women  appointed  as     .         .         .         .  123 

fixing  the  term  of  office  of 730 

in  counties,  compensation  of 261 

on  state  aid,  disputed  claims  for  soldiers'  relief  to  be  referred  to  .        .  303 
state  house,  duties  of,  in  connection  with  illuminating  the  dome,  etc., 

of  the  state  house 338 


1070  Index. 

PAGE 

Commissioners  —  Concluded. 

topographical  survey,  appropriation  for  expenses  of        ....  35 
may  examine  and  inspect  the  boundary  lines  of  the  Commonwealth, 

etc 231 

to  complete  the  survey  of  and  mark  the  boundary  line  between  Mas- 
sachusetts and  Rhode  Island 757 

to  complete  the  survey  of  and  mark  the  boundary  line  between  New 

York  and  Massachusetts 757 

Commissions,  state  boards  and,  organization  of 196 

reports  of,  when  charged  with  expenditure  of  money      ....  308 

Commitment  of  insane,  relative  to 391 

Committee,  to  investigate  and  report  upon  armories  and  state  ranges,  appoint- 
ment of 761 

on  investigation  of  the  relations  between  municipal  and  street  railway 

corporations,  authority  extended 760 

printing  report  of 780 

Committee  hearings,  legislative,  relative  to  advertising 52 

publication  of  bulletin  of 754 

Common  carrier  : 

Fitchburg  and  Ashby  Street  Railway  Company  may  act  as  a  .        .        .  301 

Greenfield  and  Turner's  Falls  Street  Railway  Company  may  act  as  a      .  273 

Hanover  Street  Railway  Company  may  act  as  a 251 

Plymouth  and  Sandwich  Street  Railway  Company  may  act  as  a      .         .  256 

Rockland  and  Abington  Street  Railway  Company  may  act  as  a       .         .  252 

Woronoco  Street  Railway  Company  may  act  as  a 230 

Worcester  and  Marlborough  Street  Railway  Company  may  act  as  a        .  274 

Commonwealth  avenue,  relative  to  the  completion  of 175 

Concord  and  Sudbury,  relative  to  expense  of  improvements  in  the  valleys  of  .  359 
Conditional  sale  of  personal  property,  relative  to  contracts  for         .         .        .531 

Conditions  in  deeds,  relative  to  breach  of 476 

Connecticut,  examination  of  the  boundary  line  between  Massachusetts  and     .  767 

Connecticut  river,  construction  of  booms  across 466 

apportionment  of  cost  of  maintaining  a  bridge  over,  between  Agawam 

and  Springfield 329 

relative  to  the  construction  of  a  bridge  across,  at  Northfield  .        .         80,  730 

reopening  of,  to  navigation 799 

Conservators,  of  the  property  of  aged  persons,  appointment  of        .        .        .  486 

Constables,  in  cities,  appointment  of 141 

Constitution,  the  frigate,  resolution  relative  to 806 

Consumptives,  etc.,  Massachusetts  hospital  for,  appropriation  for  current  ex- 
penses at 446 

completion  of 731 

Contagious  diseases,  among  horses,  cattle,  etc.,  appropriation  for  ...  34 

relative  to 400 

Contractors,  etc.,  operation  of  the  law  relative  to  weekly  payment  of  wages 

extended  to 438 

Contracts,  for  the  conditional  sale  of  personal  property,  relative  to         .        .531 


Index.  1071 

PACE 

Controller  of  county  accounts,  appropriation  for  expenses  in  the  ofilce  of        .  20 

appointment  of  a  third  deputy  by 435 

Conventions  and  caucuses,  relative  to 421 

Conway,  town  of,  may  refund  a  portion  of  its  debt 313 

Co-operative  banivs,  relative  to 181 

Co-operative  Building  Company,  the  Boston,  may  hold  additional  estate  .         .  173 

Co-operative  insurance,  to  provide  for  an  investigation  of  the  subject  of         .  790 

Coots,  open  season  for 129 

Copley  square,  in  the  city  of  Boston,  relative  to  tlie  height  of  buildings  on,  etc.  401 

Corporate  powers,  relative  to  the  abuse  of 445 

Corporations,  relative  to  certificates  and  returns  of 38 

relative  to  furnishing  water  by,  in  certain  cases Ill 

liability  of  ofllcers  of 195 

liability  of,  for  negligence  in  certain  cases 724 

may  add  to  or  change  their  purpose  of  incorporation       ....  471 
commissioner  of,  change  of  par  value  of  shares,  etc.,  of  corporations 

to  be  approved  by 469 

fraternal  beneficiary,  relative  to 424 

street  railway  and  municipal,  to  extend  the  authority  of  the  commit- 
tee to  investigate  the  subject  of  the  relations  between     .        .        .  760 

printing  report  of 780 

certain,  to  file  certificate  of  organization,  etc.,  with  secretary  of  the 

Commonwealth 273 

may  surrender  their  certificates  of  incorporation          ....  469 
change  of  par  value  of  shares  of,  etc.,  to  be  approved  by  the  commis- 
sioner of  corporations 469 

Corrupt  practices,  in  elections,  law  relative  to 633 

Counties,  expense  of  office  rent  of  trial  justices  to  be  paid  by   ....  669 

special  commissioners  in,  compensation  of 261 

Counting  ballots,  relative  to 317 

Counting  machines,  examination  of 315 

Counting  votes,  purchase  of  apparatus  to  be  used  in 792 

County,  Barnstable,  may  pay  a  sum  of  money  to  Solomon  B.  Rich  .        .         .  483 

tax  granted  for 788 

Berkshire,  salary  of  judge  of  probate  of,  established       ....  210 

to  establish  the  Greylock  State  Reservation  in 529 

tax  granted  for 768 

a  fish  hatchery  to  be  established  in 781 

Bristol,  time  and  place  for  holding  probate  courts  in       ....  132 
relative  to  law  libraries  in  the  cities  of  Fall  River  and  New  Bedford 

In 212 

salary  of  treasurer  established 264 

salary  of  assistant  clerk  of  courts  established 315 

tax  granted  for 769 

Dukes  County,  district  court  established  in 213 

certain  ponds  in,  may  be  leased     ........  361 

the  Caleb's  Pond  Company  incorporated  in,  etc 116,  727 


1072  Index. 

PAGE 

County  —  Concluded. 

Dukes  County,  tax  granted  for 789 

Essex,  support  of  library  at  court  house  at  Lawrence  in          .        .        .  191 
county  commissioners  of,  may  widen  a  higliway,  etc.,  between  Marble- 

liead  and  Salem  in G67 

tax  granted  for 771 

Franklin,  time  and  place  of  holding  probate  courts  in      ...        .  153 

changing  the  time  of  sittings  of  the  superior  court  in  .         .        .         .  302 

tax  granted  for 772 

Hampden,  assistant  register  of  probate  and  insolvency  of,  to  be  ap- 
pointed           174 

sinking  fund  for    ' 232 

salary  of  treasurer  established 204 

may  pay  a  sura  of  money  to  the  widow  of  George  Robinson        .        .  522 

tax  granted  for 773 

Hampshire,  tax  granted  for 776 

Middlesex,  election  and  powers  of  county  commissioners  of  .        .         .  150 

salary  of  treasurer  established 224 

salary  of  sheriff  established 264 

clerical  assistance  for  register  of  probate  of 271 

to  provide  rooms  for  the  use  of  the  first  district  court  of  eastern 

Middlesex  in 299 

compensation  of  assistant  register  of  probate  and  insolvency  of  .        .  481 

tax  granted  for 778 

Nantucket,  exempt  from  operation  of  certain  laws 261 

Norfolk,  time  and  place  for  holding  probate  courts  in     .         .         .        .  133 

salary  of  treasurer  established 270 

assistant  clerk  of  courts  of,  salary  esta,blished 481 

tax  granted  for 784 

Plymouth,  tax  granted  for 786 

Suflblk,  appointment  of  an  officer  for  the  probate  court,  etc.,  of    .        .  95 

Worcester,  clerical  assistance  in  office  of  register  of        ....  76 

may  make  temporary  loans  for  erecting  court  house     ....  407 

tax  granted  for 775 

County  commissioners,  returns  of  qualification  of  officers  by     ....  194 

for  the  county  of  Middlesex,  election  and  powers  of       ...         •  150 

County  expenditures,  to  provide  for  an  investigation  of 376 

County  taxes,  state  and,  basis  of  apportionment  for 163 

County  treasurers,  may  refund  certain  moneys 138 

Coupons  and  other  devices,  relative  to 732 

Court,  entrance  fee  of  applicant  to  practice  in,  may  be  refunded  In  certain  cases  138 

district,  of  northern  Berkshire,  salaiy  of  justice  established  .         .        .  150 

fourth,  of  Berkshire,  salaries  of  justice  and  clerk  established      .        .  407 

third,  of  Bristol,  salary  of  justice  established 375 

for  the  county  of  Dukes  County,  established 213 

first,  of  eastern  Middlesex,  the  county  of  Middlesex  to  provide  rooms 

for 299 


Index. 


1073 


Court  —  Concluded. 

district,  third,  of  eastern  Middlesex,  salary  of  justice  established  . 
fourth,  of  eastern  Middlesex,  the  town  of  Reading  included  within 

the  jurisdiction  of 

of  northern  Norfoll^,  established 

o&western  Norfolk,  established 

second,  of  eastern  Worcester,  salary  of  clerk  established 

salary  of  justice  established 

first,  of  northern  Worcester,  travelling  expenses  of  justice  and  clerk 

of 

first,  of  southern  Worcester,  to  establish  the  office  of  clerk  of    . 
municipal,  of  Boston,  appointment  of  an  additional  court  officer  for 

of  Brookline,  established 

police,  of  Brookline,  name  changed  to  the  municipal  court  of  Brookline 

of  Lawrence,  clerical  assistance  for 

of  Lynn,  clerical  assistance  for  clerk  of 

of  Newton,  salary  of  justice 

of  Springfield,  salary  of  justice  established 

probate,  may  appoint  conservators  of  the  property  of  aged  persons 
superior,  appointment  of  probation  officers  in  .... 

county  of  Franklin,  changing  the  time  for  sittings  of . 
Court  bouse,  in  the  city  of  Lawrence,  amount  to  be  paid  by  the  county  of 

Essex  for  support  of 

in  the  county  of  Worcester,  authorizing  temporary  loans  for 
Court  oflicer,  an  additional,  appointment  of,  for  the  municipal  court  of  Boston 

for  civil  business 

Court  of  Registration,  established 

Courts,  of  the  Commonwealth,  admission  of  persons  to  practise  in 

clerical  assistance  for  clerks  of 

county  of  Bristol,  salary  of  assistant  clerk  established    . 
assistant  clerk  of,  county  of  Norfolk,  salary  established 
police  and  municipal,  inquests  and  fees  in        .        .        . 
municipal,  police  and  district,  practice  in         .        .         . 
probate,  county  of  Bristol,  time  and  place  for  holding     . 
county  of  Franklin,  time  and  place  for  holding    . 
county  of  Norfolk,  time  and  place  for  holding 
supreme  judicial  and  superior,  to  hear  and  determine  question  as  to  the 
raising  of  money  by  cities  and  towns  for  certain  purposes 
Criminal  cases,  to  secure  uniformity  in  taking  bail  in         .        .        . 
Crossings,  grade,  of  railroads,  railway  companies  may  acquire  land  for  the 

avoidance  of 

abolition  of 

allowing  costs  to  parties  recovering  damages  in  cases  of 

in  tlie  city  of  Worcester,  relative  to 

Crowley,  Timothy,  adniinL^trator,  in  favor  of     . 

Cummings,  Ilobart  W.,  in  favor  of 

Curtis,  Eben  S.,  in  favor  of 


33, 


304 

185 
435 
466 
320 
331 

189 
311 
189 
148 
148 
213 
270 
305 
313 
486 
474 
302 

191 
407 

189 
682 
138,  322 
175 
315 
481 
137 
443 
132 
153 
133 

445 
355 


345 

524 

133 

95 

75!) 
7^3 
782 


1074  I^DEX. 

D. 

PAGE 

Dalton,  town  of,  the  town  of  Windsor  may  appropriate  money  to  construct  a 

teleplione  line  to 473 

Damages,  in  grade  crossing  cases,  costs  in 133 

Dams,  maintenance  of,  across  streams,  for  the  purpose  of  forming  ice  ponds  .  437 

Danvers,  town  of,  relative  to  a  loan  of,  for  electric  purposes   .         .        .        .  81 

may  appropriate  money  to  pay  certain  militia  expenses  ....  666 

Danvers  lunatic  hospital,  relative  to  compensation  for  water  furnished  to       .  723 

improvements  at 763 

sewage  plant  for 793 

Darling,  Elijah  S.,  in  favor  of 761 

Dead  bodies,  cemetery  corporations  may  incinerate 391 

Death  penalty,  to  regulate  the  infliction  of 265 

Debtor,  poor,  relative  to  proceedings  in  cases  of 676 

Debtors,  insolvent,  granting  discharges  to 411 

Deceased  persons,  relative  to  declarations  of 522 

Decennial  census,  relative  to 46 

Declarations,  of  deceased  persons,  relative  to 522 

Deductions,  in  the  wages  of  women  and  minors  employed  in  manufacturing 

and  mechanical  establishments,  to  prohibit 471 

Deeds,  relative  to  breach  of  conditions  in „         .  476 

assistant  register  of,  Middlesex  southern  district,  salary  established     .  271 

Deer,  preservation  of 120 

Deer  Island,  in  the  town  of  Amesbury,  relative  to  the  Essex  Merrimac  bridge 

between  Newburyport  and 298 

Departments  and  officials,  expenditures  by 754,  758 

Deputy  controller  of  county  accounts,  third,  appointment  of    .        .        .        .  435 

Deputy  tax  commissioner,  appointment  of 473 

Detectives,  private,  relative  to  licensing 442 

Devens  street,  in  Boston,  widening  of 204 

Dighton,  town  of,  the  Providence  and  Taunton  Street  Railway  Company  may 

locate  its  tracks  in 208 

Dipsomaniacs,  etc. ,  appropriation  for  expenses  at  hospital  for          .        .        .  305 

Discharges,  to  insolvent  debtors,  granting  of 411 

Diseases,  contagious,  among  domestic  animals,  relative  to        ...         .  400 

Disfigurement,  of  objects  by  posting  advertisements,  etc.,  relative  to      .        .  468 
Disputed  claims,  for  state  aid,  may  be  referred  to  the  commissioners  on  state 

aid 303 

Distribution  of  trust  estates,  relative  to 38 

District,  police  and  municipal  courts,  inquests  and  fees  in        ...         .  137 

District  attorneys,  assistant,  for  Sullblk  district,  to  equalize  the  salaries  of    .  174 

District  court,  northern  Berkshire,  salary  of  justice  establislied       .         .        .  150 

fourth,  of  Berkshire,  salaries  of  justice  and  clerk  established          .        .  407 

third,  of  Bristol,  salary  of  justice  established 375 

for  the  county  of  Dukes  County,  established 213 

fourth,  of  eastern  Middlesex,  the  town  of  Reading  included  within  tiie 

jurisdiction  of 185 


Index.  1075 

PAGE 

District  court —  Concluded. 

first,  of  eastern  Middlesex,  tlie  county  of  Middlesex  to  provide  rooms 

.for 299 

third,  of  eastern  Middlesex,  salary  of  justice  established        .        .        .  304 

northern  Norfolk,  estaijlished 435 

western  Norfolii,  established 466 

second,  of  eastern  Worcester,  salary  of  clerk  established        .        .         .  320 

salary  of  justice  estal)lished 331 

first,  of  uortliern  Worcester,  travelling  expenses  of  justice  and  clerk  of  189 

first,  of  southern  Worcester,  to  establish  the  oflice  of  clerk  of       .         .  311 

District  courts,  municipal,  police  and,  practice  in 443 

District  police,  appropriation  for  salaries  and  expenses  of        ....  30 
duties  of,  relative  to  the  manufacture  and  sale  of  clothing  made  in  un- 
healthy places 97 

additional  clerk  in  oflice  of  chief  of 153 

additional  members  of  boiler  inspection  department  of  .        .        .        .  193 

annual  report  of  the  chief  of,  edition  increased 263 

may  examine  pawnbrokers'  books 477 

authorized  to  procure  a  steamer  to  be  used  by,  in  enforcing  the  fish  and 

game  laws 764 

chief  of,  to  purchase  apparatus  to  be  used  in  the  examination  of  engi- 
neers and  firemen 767 

relative  to  expenses  incurred  by,  in  enforcing  laws  relative  to  inland 

fisheries  and  game 802 

District  police  officers,  special,  powers  of 441 

Divorce,  relative  to  libels  for 443 

Dock  and  Warehouse  Company,  the  National,  may  hold  additional  estate         .  47 

Documents,  public,  appropriation  for  printing  and  binding      ....  68 

report  of  attorney-general,  edition  increased 115 

printing  of  certain 263 

Domestic  animals,  relative  to  contagious  diseases  among          ....  400 

Dorchester  Heights,  erection  of  a  monument  on 802 

Drill  and  target  practice,  relative  to  certain  ground  for,  in  the  city  of  Boston  92 

Dukes  County,  district  court  established  in 213 

certain  ponds  in,  may  be  leased         ........  361 

the  Caleb's  Pond  Company  incorporated  in,  etc 116,727 

tax  granted  for 789 

Dukes  County  Academy,  Proprietors  of,  proceedings  of,  at  annual  meeting 

legalized 77 

Dunbar.  James  R.,  in  favor  of 760 

E. 

Eastern  Middlesex,  first  district  court  of,  suitable  rooms  to  be  provided  for 

the  use  of 299 

third  district  court  of,  salary  of  the  justice  established    ....  304 
fourth  district  court  of,  town  of  Reading  to  be  included  within  the  judi- 
cial district  of 185 


1076 


Index. 


116 
727 


179 
263 


PAGE 

Eastern  Worcester,  second  district  court  of,  salary  of  clerk  established  .        .      320 

salary  of  justice  established 331 

Eaton,  William  T.,  in  favor  of 791 

Edgartown,  town  of,  relative  to  the  powers  of  the  Caleb's  Pond  Company  in  . 

the  Caleb's  Pond  Company  incorporated  in 

Education,  board  of,  duties  of,  relative  to  the  construction  of  a  school  build- 
ing in  the  city  of  Fitchburg 

edition  of  the  annual  report  of  the  secretary  of,  increased 

Educational  expenses,  appropriation  for 106 

Election,  term  defined 542 

of  town  officers,  time  of  opening  meetings  for,  etc.         ...         57,  643 

Election  Act  of  1893,  amended 57,  108,  150,  365,  421 

Election  apparatus  and  blanks,  relative  to 600 

Election  cases,  providing  for  inquests  in 638 

Election  laws,  to  revise  and  codify 541-663 

Election  oflicer,  term  defined 542 

Election  officers,  appointment  of 595 

Elections,  counting  of  ballots  cast  at 317 

calling  of ' 607 

conduct  of 609 

I'ecord  and  certificates  of 618 

to  revise  and  codify  the  laws  relating  to 541-663 

purchase  of  apparatus  to  be  used  in  the  canvass  and  count  of  votes  cast  in      792 
fire  district,  time  of  closing  the  polls  at    . 

state,  officers  to  be  chosen  at 

town,  number  of  ballots  to  be  provided  for  use  at  . 

Elective  office,  term  defined 

Elective  offices,  etc.,  nomination  of  candidates  for    . 

Electric  loan,  of  the  town  of  Danvers,  relative  to 

Electric  Street  Railway  Company,  the  Plum  Island,  relative  to 

Electricity,  the  town  of  Hudson  may  furnish,  to  the  town  of  Stow  . 

the  Mansfield  Water  Supply  District  may  furnish,  to  the  town  of  Mans 

field  

Electrocution,  to  regulate  the  infliction  of  the  death  penalty  by 
Ellis,  James  M.,  Boston  may  pay  a  sura  of  money  to  the  widow  of  . 

Boston  may  pension  the  widow  of    . 
Employees,  public,  half  holidays  may  be  granted  to  . 

Employment,  of  labor,  relative  to 

of  prisoners,  in  making  goods  for  public  institutions,  to 
in  preparing  road  material,  relative  to  . 
in  the  Massachusetts  reformatory,  relative  to 
of  superintendents  of  schools  in  small  towns,  relative  to 
Engineers  and  firemen,  purchase  of  apparatus  for  examination  of     . 
Enlistments,  in  the  army  and  navy  of  the  United  States,  relative  to  . 
Entries,  for  breach  of  conditions  in  deeds,  relative  to        ...         . 
Epileptics,  the  Massachusetts  hospital   for,   admission    of    sane  voluntar 

patients  to 

appropriation  for  current  expenses  at 


provide  for 


102 
640 
108 
542 
113 

81 
229 

92 

156 

265 
521 
728 
308 
447 
271 
307 
253 
412 
767 
398 
476 

146 
203 


Il^DEX. 


•    1077 


PAGB 

663 
191 


Equitable  process,  after  judgment  iu  certaiu  cases,  to  provide  for    . 
Essex  county,  support  of  library  at  court  house  in  the  city  of  Lawrence 

county  commissioners  of,  to  widen  a  highway,  etc.,  between  Marblehead 

and  Salem  in 

tax  granted  for 

Essex  Institute  of  Salem,  the  Salem  Lyceum  may  transfer  its  funds  to 
Everett,  city  of,  adtlitional  outlet  for  sewage  of        .... 

may  make  contract  with  the  city  of  iMalden  relative  to  sewage  and  water 

supply 

Evidence,  in  certain  cases,  not  to  be  excluded  by  reason  of  its  being  hear 

say 

Examination,  of  persons  for  admission  to  practise  in  the  courts  of  the  Cora 

monwealth 33,  138,  322 

of  voting  and  counting  machines,  to  provide  for 
Examiner,  of  tlie  insurance  department,  to  examine  accounts  of  insolvent 
insurance  companies  .         ....... 

Executions,  on  certain  suits,  relative  to  the  issuing  of       .         .         . 
Executive  clerk,  title  changed  to  executive  secretary 

Executive  department 

appropriation  for  expenses  of 

Executors,  relative  to 

Eye  and  Ear  Infirmary,  the  Massachusetts  Charitable,  iu  favor  of    . 


GG7 

771 

7G 

148 

450 

522 


315 

32 
444 

70 

859 

5 

406 

783 


F. 

Fairhaven,  town  of,  relocating  and  widening  a  bridge  over  the  Acushnet  river 

between  New  Bedford  and 330 

the  First  Congregational  Church  of,  certaiu  property  may  be  conveyed 

to          .        .^ 491 

Fall  River,  city  of,  may  borrow  money  for  sewer  purposes        ....  205 

relative  to  the  law  library  in 212 

relative  to  the  Fall  River  Philanthropic  Burial  Society  in       .         .        .  399 

completion  of  the  jail  in 420 

Fall  River  Philanthropic  Burial  Society,  the,  relative  to    .         .         .        .      ,  .  399 
Fall  River  and  Providence  Street  Railway  Company,  time  for  construction  of 

its  road  extended 84 

Falmouth,  town  of,  water  supply  for 39 

the  Falmouth  Harbor  Company  in,  incorporated 257 

Falmouth  Harbor  Company,  incorporated 257 

Falmouth  Water  Company,  Incorporated 39 

Farm,  state,  improvements  at "91 

Farmers'  national  congress,  payment  of  expenses  of  annual  convention  of       .  765 

Feeble-minded,  Massachusetts  School  for,  appropriation  for     ....  20 

improvements  at 783 

in  favor  of 783 

Fees,  etc.,  in  district,  police  aud  municipal  courts,  relative  to  .        .         .         .  137 

Ferrets,  to  prevent  the  unlawful  use  of 81 

Finan,  Henry  S.,  in  favor  of  the  brotliers  of 804 


1078  Index. 


PAGE 

386 


Finances,  of  the  city  of  Boston,  relative  to        .... 

Fine  Arts,  Museum  of,  may  hold  additional  estate     . 

Fines,  etc.,  under  laws  for  protection  of  flsh  and  game,  relative  to  ,         .        .  138 

Fire  department,  in  Lovrell,  appointments  in 114 

Fire  departments,  relative  to  life-saving  apparatus  i;sed  by        ...        .  109 

Fire  District,  the  Great  Barrington,  collection  of  sewer  assessments  in   .        .  408 

Number  One  of  the  Town  of  Greenfield,  may  extend  its  limits        .         .  199 

may  be  established  in  the  town  of  Huntington,  etc.         .         .        .        277,  285 

Number  One  in  the  Town  of  South  Hadley,  may  issue  bonds,  etc.  .         .  31 

Fire  district  elections,  time  of  closing  tlie  polls  at 102 

Fire  engines,  etc.,  to  have  right  of  way  through  streets  of  cities  and  towns     .  108 

Fire  insurance,  relative  to 116 

Fire  insurance  companies,  to  malie  return  of  all  reinsurance  efiected  by  it        .  522 

not  liable  for  loss  beyond  the  actual  value  of  the  insured  property          .  729 
Fire  marslial,  tlie  insurance  commissioner' relieved  from  obligation  to'approve 

accounts  of 107 

appropriation  for  expenses  in  the  office  of 263 

Firemen,  cities  may  pension 196 

disabled,  in  the  city  of  Boston,  relief  for 180 

First  Congregational  Church  of  Fairhaven,  Massachusetts,  certain  property  to 

be  conveyed  to 491 

First  district  court  of  eastern  Middlesex,  the  county  of  Middlesex  to  provide 

rooms  for 299 

First  district  court  of  northern  Worcester,  travelling  expenses  of  justice  and 

clerlv  of 189 

First  district  court  of  southern  "Worcester,  to  establish  the  office  of  clerlj  of  .  311 

First  regiment  of  heavy  artillery,  equipment  of 779 

Fish  and  game,  relative  to  fines,  etc.,  under  laws  for  protection  of  .         .        .  138 
Fish  and  game  laws,  procuring  of  a  steamer  to  be  used  for  the  enforcement  of  764 
Fish  hatchery,  establishment  of,  in  the  county  of  Berlishire     ....  781 
Fitchburg,  city  of,  construction  of  school  building  on  land  of  the  Common- 
wealth in 179 

the  Fitchburg  and  Ashby  Street  Kailway  Company  may  construct  its 

railway  in 300 

Fitchburg  and  Ashby  Street  Railway  Company,  incorporated    ....  300 

Fitchburg  Helping  Hand  Association,  incorporated 84 

Fitzgerald,  Annie  E.,  in  favor  of 768 

Foreign  carrying  trade,  provisions  of  law  relating  to  the  taxable  valuation  of 

vessels  engaged  in,  extended 301 

Fort  Point  channel,  the  Boston  Pneumatic  Transit  Company  may  lay  its  tubes 

across 180 

Fourth  district  court  of  Berlishire,  salaries  of  justice  and  clerli  established    .  407 
Fourth  district  court  of  eastern  Middlesex,  the  town  of  Reading  included 

within  the  jurisdiction  of 185 

Fox  Cemeteiy,  in  the  town  of  Berliley,  may  hold  and  convey  certain  lands      .  473 

Foxborough,  town  of,  sewerage  system  for 292 

Framingham,  camp  ground  at,  to  provide  for  the  erection  of  cooli-houses  on  .  777 


IXDEX. 


1079 


Framingham,  Southborough  and  Marlborough  Street  Railway  Company,  to 

conflnn  certain  acts  of  the  association  for  the  formation  of 
Franklin,  town  of,  Tlie  Franklin  Cemetery  Association  incorporated  in 

the  Milford,  Woonsocket  and  Attleborough  Street  Railway  Company 
may  construct  its  railway  through 
Franklin  Cemetery  Association,  The,  incorporated    . 
Franklin  county,  time  and  place  of  holdiug  probate  courts 

changing  the  time  of  sittings  of  the  superior  court 

tax  granted  for 

Fraternal  beneficiary  organizations,  relative  to  . 

Free  public  library  commissioners,  board  of,  appropriation  for 

relative  to  report  of 

Friends  or  Quakers,  custody  of  the  records  of  . 

Funeral  expenses  of  paupers,  relative  to 

Furniture,  additional,  to  be  provided  for  the  state  house 


in 

in 


668 
143 

269 
143 
153 
802 
772 
424 
23 
762 
402 
802 
216 


G. 

Game,  killing  of  deer  prohibited  until  1903  .        .        .        .        .        .        .120 

birds  and,  law  relative  to  the  preservation  of,  amended  ....  129 

fish  and,  fines  and  forfeitures  under  laws  for  the  protection  of      .        .  138 

Gas  companies,  relative  to  the  consolidation  of  certain 798 

Gas  and  electric  light  commissioners,  appropriation  for  salaries  and  expenses 

of 7 

salaries  established 467 

to  consider  a  plan  for  the  consolidation  of  certain  gas  companies         .  798 

Gas  and  electricity,  the  town  of  Hudson  may  furnish,  to  the  town  of  Stow      .  92 
Gas  Light  Company,  the  Springfield,  may  hold  real  estate  in,  and  furnish  gas 

to,  the  town  of  Longmeadow 67 

Gas  meters,  appropriation  for  salaries  and  expenses  of  inspectors  of       .        .  20 

Gay  Head,  town  of,  relative  to  the  boundary  line  between  Chilmark  and          .  303 

General  superintendent  of  prisons,  appropriation  for  salary  and  expenses  of  .  8 

Gloucester,  city  of,  charter  revised 233 

may  borrow  money  for  street  improvements 321 

relative  to  state  highways  in 800 

Governor,  authorized  to  purchase  a  steamer  for  hospital  purposes    .        .        .  804 

inaugural  address  of 811 

special  messages  of 829 

Grade  crossing  cases,  allowing  costs  to  parties  recovering  damages  in     .        .  133 

Grade  crossings,  railway  companies  may  acquire  land  for  the  avoidance  of .  345 

relative  to  the  abolition  of 524 

in  the  city  of  "Worcester,  relative  to 95 

Great  Barrington  Fire  District,  collection  of  sewer  assessments  in  .        .        .  408 

Green  Harbor,  in  the  town  of  Marshfleld,  improvement  of        ...        .  419 

Greenfield,  town  of.  Fire  District  Number  One  of,  may  extend  its  limits          .  199 
Greenfield  and  Turner's  Falls  Street  Railway  Company,  may  act  as  a  common 

carrier 273 


1080  IXDEX. 

PAGE 

Greylock  State  Reservation,  established 529 

Guardians,  testamentary,  appointment  of 90 

Gypsy  motli,  extermination  of,  appropriations  for 22,  215 

memorial  relative  to  the  extermination  of 807 


H. 

Hale  Hospital,  the,  name  established 162 

Half  holidays,  may  be  granted  to  public  employees 308 

Hall,  "Walter  Perley,  justice  of  the  peace,  acts  legalized 795 

Hampden  county,   assistant  register  of  probate  and  insolvency  of,  to  be 

appointed     .       ' 174 

sinking  fund  for 232 

salary  of  the  treasurer  established 26i 

may  pay  a  sum  of  money  to  the  widow  of  George  Robinson    .        .        .  522 

tax  granted  for 773 

Hampshire  county,  tax  granted  for 776 

Hanover  Street  Railway  Company,  may  act  as  a  common  carrier,  etc.      .         .  251 

Harbor  and  land  commissioners,  appropriation  for  salaries  and  expenses  of    .  72 

duties  of,  relative  to  construction  of  a  channel  from  Osterville  bay  to 

Vineyard  Sound 392 

may  construct  channel  from  Vineyard  Sound  to  Lake  Anthony       .         .  393 

to  cut  a  channel  from  Scorton  harbor  to  Barnstable  bay          .        .         .  394: 
duties  of,  relative  to  the  construction  of  a  bridge  over  Charles  river, 

between  Boston  and  Cambridge 415 

duties  of,  relative  to  the  construction  of  booms  across  the  Connecticut 

river 466 

duties  of ,  relative  to  the  improvement  of  Green  Harbor  .         .         .        •  419 

salaries  established 729 

duties  of,  relative  to  the  opening  of  the  Connecticut  river  to  navigation  799 

Harbor  Improvement  Loan  Sinking  Fund,  appropriation  for     ....  24 

Harbor  lines,  etc.,  in  the  city  of  Boston,  to  change  the 206 

Hassanamisco  tribe  of  Indians,  in  favor  of  Althea  Hazard,  a  member  of  the   .  758 

Haverhill,  city  of,  relative  to  the  license  commissioners  of        ...        .  332 

Haverhill  City  Hospital,  name  changed 162 

Haverhill,  Georgetown  and  Danvers  Street  Railway  Company,  may  construct 

its  railroad  through  certain  towns 268 

Hawkes,  George  P.,  notary  public,  acts  legalized 766 

Hayden,  Charles  A.,  in  favor  of 757 

Hayes,  James  E.,  in  favor  of  the  mother  of 768 

resolution  on  the  illness  of 805 

resolution  on  the  death  of 805 

Hazard,  Althea,  in  favor  of 758 

Health,  state  board  of,  appropriation  for  salaries  and  expenses  in  the  ofhce  of  73 

to  provide  for  illustrations  in  the  report  of   - 766 

Hearings,  before  legislative  committees,  relative  to  advertising        ...  52 

Helping  Hand  Association,  the  Fitchburg,  incorporated 84 


IXDEX. 


1081 


laying  out  and 


Hibernian  Building  Association,  incorporated 

Iliirhway  commission,  construction  and  repair  of  state  highways  by 
Highways,  state,  relative  to         ...... 

repair  and  construction  of 

relative  to,  in  the  cities  of  Beverly  and  Gloucester  and  the  towns  of 

Manchester  and  Rockport 

in  the  city  of  Boston,  payment  of  assessments  for  the 

construction  of 

laying  out  and  construction  of       ...         . 
Holyhood  Cemetery  Association,  may  hold  and  convey  certain 
Holyoke,  city  of,  may  supply  water  to  certain  towns 
Home,  the  Odd  Fellows',  of  Massachusetts,  incorporated  . 

Soldiers',  in  favor  of  Trustees  of  the 
Homoeopathic  Hospital,  the  Massachusetts,  may  hold  additional  property 

the  funds,  etc.,  of  the  Homoeopathic  Medical  Dispensary  may  be  trans 
ferred  to      


PAGE 

100,  480 
526 

435,  487 
52G 


real  estate 


Homoeopathic  Medical  Dispensary,  may  transfer  its  funds,  etc 

chusetts  Homoeopathic  Hospital 
Horses,  cattle  ami  other  animals,  appropriation  for  expenses  in  connection 

with  extermination  of  contagious  diseases  among 
Hospital,  the  Brockton,  appropriations  for 

for  consumptive  and  tubercular  patients,  completion  of 

for  dipsomaniacs,  etc.,  appropriation  for  expenses  at 

for  epileptics,  admission  of  sane  voluntary  patients  to 

the  Hale,  name  established 

the  Massachusetts  Homoeopathic,  may  hold  additional  property 
Hospital  purposes,  the  governor  authorized  to  purchase  a  steamer  for 
House  of  correction,  in  Cambridge,  to  increase  the  heating,  lighting  and  power 

plant  at 

House  of  representatives,  list  of  members  of      .        .        . 
Hudson,  town  of,  may  furnish  gas,  etc.,  to  the  town  of  Stow 

enlarging  water  supply  of 

Hull,  town  of,  purchase  of  certain  tracts  of  land  in,  by  the 

approved      

Hunting  purposes,  to  prevent  the  unlawful  use  of  ferrets  fdr 
Huntington,  town  of.  Are  district  established  in 

water  supply  for 

Huntington  avenue,  relative  to  the  completion  of 

Hyde  Park,  town  of,  boundary  line  between  Boston  and    . 

may  borrow  money  for  sewerage  purposes 


United  States 


800 

186 
724 
441 
439 
677 
786 
67 

89 

89 

34 
358 
731 
305 
146 
162 

67 
804 

•112 

862-875 
92 


155 

475 
81 
277 
285 
175 
185 
360 


I. 

Ice  ponds,  dams  may  be  maintained  across  certain  streams  for  the  purpose 

of  forming 437 

Illustrations,  to  provide  for,  in  the  report  of  state  board  of  health    .        .        .  766 

Inauirural  address  of  the  governor 811 


1082  Il!^DEX. 


PAGE 

Incineration  of  dead  bodies,  cemetery  corporations  may  practise      .        .        .  391 
Index  of  Massacliusetts  troops  in  the  "war  of  the  revolution,  to  continue  the 

publication  of 756 

of  war  records  in  the  office  of  the  adjutant  general 758 

Indian  Ridge  Association,  incorporated 61 

Industrial  School  for  Deaf  Mutes,  tlie  New  England,  in  favor  of     .        .         .  799 

Industrial  school  for  girls,  appropriation  for  salaries  and  expenses  at      .        .  90 

Ink,  record,  penalty  for  violation  of  law  relative  to  the  use  of  .        .        .        .  474 
Inland  fisheries  and  game,  commissioners  of,  appropriation  for  compensation 

and  expenses  of 176 

may  lease  certain  ponds  in  Dulves  County 361 

relative  to  expenses  incurred  in  enforcing  laws  relative  to      .        .         .  802 

Inquests,  in  election  cases,  providing  for 638 

Inquests,  etc.,  in  district,  police  aud  municipal  courts,  relative  to     .        .         .  137 

Insane,  reimbursement  of  certain  towns  for  maintenance  of      ....  130 

relative  to  the  commitment  of 391 

Insane  asylum,  Medfleld,  the  trustees  of,  may  abandon  and  sell  certain  lands  .  482 

improvements  at .  799 

Insane  hospital,  at  "Westborough,  purchase  of  land  at        ....       782,797 

furnishing  the  new  building  at 793 

Insanity,  state  board  of,  to  establisli 377 

Insolvent  debtors,  granting  discharges  to 411 

Insolvent  insurance  companies,  examiner  in  the  insurance  department  to  ex- 
amine accounts  of  receivers  of  32 

Inspection,  of  steam  boilers,  relative  to Ill 

Inspectors  of  animals  and  provisions,  appropriation  for  compensation  of        .  17 

Inspectors  of  gas  meters,  appropriation  for  salaries  and  expenses  of        .         .  20 

Institute,  of  Technology,  the  Massachusetts,  awarding  state  scholarships  in    .  446 

appropriation  for 10 

the  Worcester  Polytechnic,  appropriation  for 10 

Institutions  for  savings,  etc.,  investments  by 121 

Instruments,  negotiable,  relative  to 492 

Insurance,  against  loss  by  bombardment,  relative  to 319 

fire,  relative  to 116 

Insurance  commissioner,  relative  to  the  duties  of 32 

appropriation  for  salaries  and  expenses  in  the  office  of    .         .        .        .  88 

relieved  from  obligation  to  approve  accounts  of  the  fire  marshal    .         .  107 

may  issue  licenses  to  insure  against  loss  by  bombardment       .         .         .  319 

duties  of,  relative  to  the  organization  of  fraternal  beneficiary  corpora- 
tions             424-434 

to  prescribe  forms  for  returns  of  reinsurance 522 

Insurance  companies,  charges  of,  as  sureties  on  bonds  of  city  officers,  cities 

may  appropriate  money  for  payment  of 27 

insolvent,  examiner  of  the  insurance  department  to  examine  accounts 

of  receivers  of 32 

fire,  to  make  return  of  all  reinsurance  effected  b}'  it         .        .         .         .  522 

not  liable  beyond  the  actual  value  of  the  insured  property  .         .        .  729 

Insurance  contracts,  relative  to 622 


Index. 


1083 


Insurance  department,  examiner  of,  to  examine  accounts  of  receivers  of  insol- 
vent insurance  companies 32 

Interest,  on  arrears  of  suras  due  on  account  of  liquor  licenses,  cities  and  towns 

to  pa)' 305 

International  exposition  at  Paris,  participation  of  tlie  Commonwealth  in         .  794 

Investments,  of  savings  lianks,  etc.,  relative  to 121 

Ipswich,  town  of,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway 

Company  may  construct  its  railway  through 2C8 

Irish,  John  C,  in  favor  of 784 


J. 


Jail,  at  Fall  Kiver,  completion  of 420 

Jails  and  houses  of  correction,  labor  of  prisoners  in 205 

relative  to  reclaiming  and  improving  waste  and  unused  lands  by  the 

labor  of  prisoners  from 335 

Judge  of  probate  and  insolvency,  county  of  Berkshire,  salary  established        .  210 

Judges  of  probate  and  insolvency,  relative  to  the  authority  of          ...  85 

Judgment,  to  provide  an  equitable  process  after,  in  certain  cases     .         .         .  663 

Judgments,  certain,  relative  to  the  issuing  of  executions  on      ...        .  444 

Judicial  department 876 

appropriation  for  salaries  and  expenses  in  the 11 

Justice,  district  court  of  northern  Berkshire,  salary  established        .        .         .  150 

fourth  district  court  of  Berkshire,  salary  established       ....  407 

third  district  court  of  Bristol,  salary  established 375 

third  district  court  of  eastern  Middlesex,  salary  established  .         .        .  304 

police  court  of  Newton,  salary  established 305 

police  court  of  Springfield,  salary  established 313 

second  district  court  of  eastern  Worcester,  salary  established       .        .  331 

first  district  court  of  northern  Worcester,  travelling  expenses  of  .         .  189 

Justice  of  the  peace,  Hall,  Walter  Perley,  acts  legalized 795 

Williams,  George  Edgar,  acts  legalized 759 

Justice  of  the  peace  to  issue  warrants  and  take  bail,  may  be  appointed  in  the 

city  of  Quincy 320 


K. 

Kelly,  John,  Boston  may  pay  a  sum  of  money  to  the  children  of 
KnoUwood  Cemetery,  incorporated 


60 
138 


L. 


Labor,  relative  to  the  employment  of 

prisoners  in  jails  and  houses  of  correction,  relative  to    . 

relative  to  reclaiming  waste  and  unusod  lands  by 
resolutions  relative  to  nation:d  legislation  regulating  the  hours  of 
bureau  of,  to  investigate  the  subject  of  Sunday  labor 


447 
205 
335 
807 
344 


1084  IXDEX. 


PACE 

Labor  and  co-operative  insurance,  to  provide  for  an  investigation  of  the  sub- 
ject of 790 

Lake  Anthony,  channel  may  be  cut  from  Vineyard  Sound  to     ...         .  393 

Lambert,  Charles  A.,  Boston  may  pay  a  sum  of  money  to  the  children  of         .  60 

Lancaster,  town  of,  the  metropolitan  water  board  may  take  land  in,  etc.          .  672 

Land  titles,  to  provide  for  the  registration  of 682 

Lands,  purchased  for  sewer  purposes,  etc.,  description  and  plan  of,  to  be  filed 

in  registry  of  deeds 88 

waste  and  unused,  relative  to  reclaiming  and  improving,  by  the  labor 

of  prisoners 335 

Law  department,  of  the  city  of  Boston,  power  of  officers  of,  to  enter  into  cer- 
tain agreements 275 

Law  libraries,  in  the  cities  of  Fall  River  and  New  Bedford,  relative  to    .         .  212 
Law  library,  in  the  city  of  Lawrence,  certain  amount  to  be  paid  annually  by 

the  county  of  Essex  towards  the  support  of 191 

Lawrence,  city  of,  relative  to  the  superintendent  of  streets  in  .         .        .         .  63 

may  borrow  money  for  certain  purposes 117,  348 

support  of  library  at  court  house  in 191 

police  court  of,  clerical  assistance  for 213 

Laws,  relating  to  elections,  to  revise  and  codify 541-663 

Leave  of  absence,  may  be  granted  to  employees  of  the  state  who  enlist  in  the 

army  and  navy  of  the  United  States 398 

Legislation,  tables  showing  changes  in 883 

Legislative  committees,  relative  to  advertising  hearings  before        ...  52 

Legislative  department 860-875 

Legislature,  appropriation  for  expenses  of 3 

Lexington,  town  of,  to  confirm  certain  proceedings  of 347 

Liability,  of  ofticers  of  corporations 195 

of  persons  and  corporations,  for  negligence  in  certain  cases  .        .        .  724 
of  the  Commonwealth,  on  account  of  defects  in  streets,  etc.,  under  the 

control  of  the  metropolitan  park  commission 403 

Libels,  for  divorce,  relative  to 443 

License  commissioners,  of  the  city  of  Haverhill,  relative  to       ....  332 

Licensing  of  private  detectives 442 

Life-saving  apparatus,  used  by  fire  departments,  relative  to      ...         .  109 

Lighting  plant,  in  the  town  of  Templetou,  establishment  of     .         .         .         .  200 

Limited  partnerships,  law  relative  to,  amended 442 

Lincoln,  town  of,  may  release  certain  lands,  etc 252 

Liquor  licenses,  cities  and  towns  to  pay  interest  on  sums  due  on  account 

of 305 

Liquors,  assayer  and  inspector  of,  appropriation  for  salary  of .        .         .         •  20 

Loans,  of  the  city  of  Boston,  relative  to 421 

small,  etc.,  relative  to 733 

temporary,  cities  and  towns  may  make 486 

Longmeadow,  town  of,  the  Springfield  Gas  Light  Company  may  furnish  gas 

to,  etc. 67 

Louisburg  expedition,  relative  to  the  rolls  of  the  colonial  forces  in          .         .  776 


IXDEX.  1085 

PAGE 

Lowell,  city  of,  appointments  in  the  Are  department  of 114 

in  favor  of  the  textile  school  in         .         .         .        .         .         .         .         .  796 

improvements  at  the  normal  school  in      ......        .  796 

Lowell,  Lawrence  and  Haverhill  Street  Kailwa}'  Company,  may  operate  their 
cars  over  locations  of  the  Lowell  and  Suburban  Street   Railway 

Company 134 

Lowell  and  Suburban  Street  Railway  Company,  may  operate  their  cars  over 
locations  of  the  Lowell,  Lawrence  and  Haverhill  Street  Railway 

Company 134 

Lowell  textile  school,  in  favor  of 796 

Lunacy  and  charity,  state  board  of,  five  hundred  copies  of  certain  portions  of 

the  report  of,  to  be  printed  for  the  use  of  tlie  board          .        .        .  263 

Lunatic  hospital,  the  Danvers,  relative  to  compensation  for  water  furnished  to  723 

improvements  at 763 

sewage  plant  for 793 

the  Northampton,  repairs  and  improvements  at 790 

the  Taunton,  improvements  at 767 

the  Worcester,  appropriation  for  new  buildings  at 9 

improvements  at 797 

Lyman  school  for  boys,  appropriation  for  salaries  and  expenses  at  .         .        .  68 

construction  of  a  new  school  building  at 780 

Lynn,  city  of,  may  borrow  money  for  school  purposes 215 

may  complete  its  system  of  sewage  disposal 265 

police  court  of,  clerical  assistance  for  clerk  of 270 

Lynn  and  Boston  Railroad  Company,  relocation  of  tracks  of    .        .         .         .  192 

Lynn  Woods,  relative  to  a  boulevard  from  the  Point  of  Pines  to,  etc.       .        .  468 


M. 

Maiden,  city  of,  may  make  contract  with  the  city  of  Everett  relative  to  sewage 

and  water  supply 450 

Manchester,  town  of,  relative  to  state  highways  in 800 

Mansfield,  town  of,  the  Mansfield  Water  Supply  District  may  furnish  elec- 
tricity to 156 

Mansfield  Water  Supplj'  District,  may  furnish  electricity  for  light  and  power  .  156 

Manufacture,  of  clothing  in  unhealthy  places,  relative  to 97 

of  sausages,  to  prohibit  the  use  of  coloring  matter  in      ....  128 
Maxukactuhing  corpohations  : 

Bennett  Spinning  Company,  incorporated 17 

Columbia  Spinning  Company,  the  Bennett  Spinning  Company  may  pur- 
chase and  operate  the  plant  of 17 

Walter  Baker  &  Company,  Limited,  incorporated 70 

Manufacturing  and  mechanical  establishments,  to  prohibit  deductions  of  wages 

from  women  and  minors  employed  in 471 

Marblehead,  town  of,  certain  real  estate  in  said  town  may  be  conveyed  to       .  357 

highway  between  the  city  of  Salem  and,  to  be  widened,  etc.  .        ,        .  667 


1086  Index. 

PAGE 

Marblehead  Academy,  Trustees  of,  relative  to 357 

Marblehead  Water  Company,  purchase  and  sale  of  the  property  of  .        .        .  219 
Marlborough,  city  of,  may  borrow  money  for  sewerage  purposes      .         .        .  306 
Marlborough  and  Westborough  Street  Railway  Company,  time  for  construc- 
tion extended 211 

Married  women,  doing  business  on  their  separate  account,  relative  to      .         .  358 

Marshfleld,  town  of,  improvement  of  Green  Harbor  in 419 

Massachusetts,  boundary  line  between  New  York  and,  completing  survey  of, 

etc 757 

boundary  line  between  Rhode  Island  and,  completing  survey  of,  etc.     .  757 

examination  of  the  boundary  line  between  Connecticut  and    .         .        .  767 
payment  of  expenses  of  the  establishment  of  the  boundary  line  of, 

between  New  Hampshire  and  Vermont 795 

Massachusetts  Agricultural  College,  in  favor  of 801 

Massachusetts  Charitable  Eye  and  Ear  Infirmary,  in  favor  of    .        .        .         .  783 
Massachusetts  highway  commission,  construction  and  repair  of  state  high- 
ways by 526 

Massachusetts  Homoeopathic  Hospital,  may  hold  additional  property       .         .  67 
the  Homoeopathic  Medical  Dispensary  may  transfer  its  funds,  etc.,  to    .  89 
Massachusetts  hospital  for  consumptives  and  tubercular  patients,  appropria- 
tion for  current  expenses  at 446 

completion  of 731 

Massachusetts  hospital  for  dipsomaniacs,  etc.,  appropriation  for  expenses  at .  305 

Massachusetts  hospital  for  epileptics,  admission  of  sane  voluntary  patients  to  146 

appropriation  for  current  expenses  at 203 

Massachusetts  Institute  of  Technology,  appropriation  for         ....  10 

relative  to  awarding  state  scholarships  in 446 

Massachusetts  military  and  naval  history,  distribution  of          ....  779 

Massachusetts  nautical  training  school,  appropriation  for  expenses  of     .         .  16 

Massachusetts  reformatory,  appropriation  for  salaries  and  expenses  at  .        .  51 

employment  of  prisoners  in 253 

purchase  of  land  at,  etc 763 

Massachusetts  School  for  the  Blind,  Perkins  Institution  and,  appropriation 

for 19 

Massachusetts  School  for  the  Feeble-minded,  appropriation  for        ...  20 

improvements  at 783 

in  favor  of .        .  783 

Massachusetts  School  Fund,  appropriation  for 10 

appropriation  for  payment  of  premiums  on  securities  purchased  for       .  11 

Massachusetts  State  Firemen's  Association,  appropriation  for          ...  10 
Massachusetts  volunteer  militia,  relative  to  placing  ofHcers  of,  upon  the  retired 

list 58 

relative  to  grounds  for  parade,  drill,  etc.,  of,  in  the  city  of  Boston         .  92 

law  concerning,  amended 120 

relative  to 298 

relative  to  the  staff  of  the  commander-in-chief  of 304 

additional  companies  to  be  added  to  the  naval  brigade  of        .        .        .  347 


Iot)ex.  1087 


PAGE 

Massachusetts  volunteer  militia  —  Concluded. 

restoration  of  officers  and  men  of,  to  their  former  positions  in       .        .  37-t 
coolv  houses  to  be  erected  for  tlie  use  of,  ou  tlie  camp  ground  at  Fram- 

ingham 777 

equipment  of  the  first  regiment  of  heavy  artillery  in        ....  779 

furnishing  tield  guns  and  equipments  for 793 

McCabe,  Thomas  W.,  the  city  of  Boston  may  pay  a  sum  of  money  to      .        .  67 
Mechanical  and  manufacturing  establishments,  to  prohibit  deductions  of  wages 

from  women  and  minors  employed  in 471 

Medfield  insane  asyhim,  appropriation  for  expenses  at 189 

the  trustees  of,  may  abandon  and  sell  certain  lands          ....  482 

improvements  at 799 

Medfield  Insane  Asylum  Loan  Sinlving  Fund,  appropriation  for         ...  25 

Medford,  city  of,  may  borrow  money  for  park  purposes 115 

public  building  loan  for 154 

Medical  Dispensary,  the  Homeopathic,  may  transfer  funds,  etc.,  to  the  Mas- 
sachusetts Homoeopathic  Hospital 89 

Medical  examiners,  associate,  appointment  of 261 

Medway,  town  of,  the  Milford,  Woonsocket  and  Attleborough  Street  Railway 

Company  may  construct  its  railway  through 269 

Mellen,  Thomas,  a  registrar  of  voters,  acts  legalized 761 

Melrose,  town  of,  sewer  assessments  in 396 

Merrimac  river,  the  town  of  West  Newbury  may  construct  a  wharf  on     .        .  232 

relative  to  the  bridge  over,  etc. 298 

Merrimac  River  Baptist  Association,  incorporated "  131 

Mesne  process,  relative  to  arrest  on 339 

relative  to  attachments  made  on        .        .         .     ^ 360 

Messages,  special,  of  the  governor, 829 

Metropolitan  park  commissioners,  liability  of  the  Commonwealth  on  account 

of  defects  in  streets,  etc.,  under  the  control  of          ....  403 

relative  to  betterment  taxes  assessed  by 423 

duties  of,  relative  to  making  rivers  and  ponds  available  for  purposes  of 

recreation 409 

to  increase  amount  of  money  to  be  placed  at  the  disposal  of  .         .        .  488 

to  construct  a  dam  across  the  Charles  river 488 

may  construct  a  bridge  over  the  Saugus  river 541 

Metropolitan  parks  district,  improvement  of  the  banks  of  rivers,  etc.,  in         .  409 

Metropolitan  Parks  Loan  Sinking  Fund,  appropriation  for       ....  24 
Metropolitan  sewerage  commissioners,  to  consider  and  report  on  system  of 

sewerage  for  the  Charles  and  Neponset  river  valleys         .        .        .  755 

Metropolitan  sewerage  system,  construction  and  operation  of  .         .         .         .  366 

Metropolitan  water  board,  may  make  certain  agreements 110 

may  convey,  etc.,  lands  and  easements     .......  410 

may  take  land  in  the  towns  of  Clinton  and  Lancaster,  etc.      .         .         .  672 

Metropolitan  water  supply,  relative  to 373 

certain  persons  in  the  town  of  Boylston  may  be  reimbursed  for  dam- 
ages caused  in  the  construction  of 666 


1088  Index. 

PAGE 

Metropolitan  water  works,  relative  to  the  Avater  supply  of  certain  cities  and 

towns  from 333 

Middlesex  county,  election  and  powers  of  county  commissioners  of         .         .  150 

salary  of  treasurer  established 224 

salary  of  the  sheriff  established 264 

clerical  assistance  for  register  of  probate  of 271 

to  provide  rooms  for  the  use  of  the  first  district  court  of  eastern  Mid- 
dlesex in 299 

compensation  of  assistant  register  of  probate  and  insolvency  of    .         .  481 

tax  granted  for 778 

Middlesex  Fells,  relative  to  a,  boulevard  from  Lynn  Woods  to,  etc.  .        .        .  468 

Middlesex  southern  district,  assistant  register  of  deeds  for,  salary  established  271 
Milford,  town  of,  the  Milford,  Woonsocket  and  Attleborough  Street  Railway 

Company  may  construct  its  railway  through     .         .        .        .        .  269 

Milford,  Attleborough  and  Woonsocket  Street  Railway  Company,  incorporated  269 

Military  and  naval  expenses,  appropriation  for 297 

Military  and  naval  history,  distribution  of 779 

Military  service,  in  time  of  war,  persons  leaving  the  public  service  to  enter  the, 

relative  to 403 

Militia,  relative  to  placing  officers  of,  upon  the  retired  list        ....  68 

law  concerning,  amended 120 

relative  to 298 

relative  to  the  staff  of  the  commander-in-chief  of 304 

naval,  additional  companies  to  be  added  to       .         .        »        .         .        .  347 

restoration  of  officers  and  men  of,  to  their  former  positions  in        .         .  374 
cook  houses  to  be  erected  for  the  use  of,  on  the  camp  ground  at  Fram- 

ingham 777 

equipment  of  the  first  regiment  of  heavy  artillery  in        .        .         .        .  779 

furnishing  field  guns  and  equipments  for 793 

of  the  city  of  Boston,  relative  to  grounds  for  the  parade,  drill,  etc.,  of  .  92 

Millbury,  Sutton  and  Douglas  Railroad,  time  for  completion  extended     .         .  253 

Mills,  Charles  P.,  resolutions  on 809 

Milton,  town  of,  the  Swift  Charity  incorporated  in 398 

Minnesota,  the  A-essel  used  by  the  naval  militia,  repairs  and  additions  to .         .  786 

Minors,  women  and,  to  prohibit  deductions  from  wages  of        ...         .  471 

Monument  Association,  the  Myles  Standish,  in  favor  of 766 

Morality,  chastity  aud,  punishment  of  offences  against 396 

Morrissey,  Mary  A.  T.,  the  city  of  Boston  may  pay  a  sum  of  money  to    .        .  71 

Morse,  Elijah  A.,  resolutions  on  the  death  of 809 

Mount  Auburn  Cemetery,  the  city  of  Cambridge  may  take  certain  lands  of,  for 

street  purposes 102 

Mount  Hermon  Bo}'s'  School,  relative  to 419 

Municipal,  police  and  district  courts,  practice  in 443 

Municipal  corporations,  street  railway  and,  to  extend  the  authority  of  the 

committee  to  investigate  the  subject  of  the  relations  between  .        .  760 

printing  report  of 780 

Municipal  court  of  Boston,  appointment  of  an  additional  court  officer  for       .  189 


Index.  1089 


PAOB 

Municipal  court  of  Brookline,  established 148 

137 
376 
347 
75 
120 
766 


Municipal  courts,  district,  police  and,  inquests  and  fees  in 
Municipal  expenditures,  to  provide  for  an  investigation  of 
Murphy,  Mary  Jane,  the  city  of  Boston  may  pay  a  sura  of  money  to 
Museum  of  Fine  Arts,  may  hold  additional  estate      .... 
Musical  Society,  the  Orpheus,  may  hold  additional  estate 
Myles  Standish  Monument  Association,  in  favor  of  . 

K. 

Names  changed,  of  corporations,  etc.  : 

Haverhill  City  Hospital 162 

Penitent  Females' Refuge  in  the  City  of  Boston,  The       ....  67 

police  court  of  Brookline 148 

Somerville  Mystic  Water  Board 23 

Names  of  persons  changed 849 

Nantucket,  town  of,  may  appropriate  money  for  public  purposes      .        .         .  315 

in  favor  of 761 

Nantucket  county,  exempt  from  operation  of  certain  laws        ....  261 

Natick,  town  of,  the  North  Cemetery  Association  incorporated  in    .        .        .  363 

National  banking  associations,  to  limit  the  connection  between  savings  banks 

and 725 

National  Dock  and  Warehouse  Company,  may  hold  additional  estate       .        .  47 

Nautical  training  school,  appropriation  for  expenses  of 16 

Naval  brigade,  payment  of  money  on  account  of  care  of  property  of        .         .  120 

Naval  and  military  expenses,  appropriation  for 297 

Naval  militia,  additional  companies  may  be  formed  for 347 

repairs,  etc.,  to  the  vessel  used  by 786 

Needham,  town  of,  water  supply  for .  372 

Negotiable  instruments,  relative  to 492 

Neponset  river  valley,  sewer  for  relief  of 755 

Neponset  Kiver  Valley  System  of  Sewage  Disposal,  appropriation  for     .         .  28 

expenses  of 117 

New  Ashford,  town  of,  land  may  be  taken  in,  for  the  Greylock  State  Reserva- 
tion         529 

New  Bedford,  city  of,  may  borrow  money  for  park  purposes     .        .         .         .  91 

appropriation  for  the  establishment  of  a  textile  school  in        ...  94 

appointment  of  park  commissioners  for 175 

relative  to  law  library  in 212 

relocating  and  widening  a  bridge  over  the  Acushnet  river  between  Fair- 
haven  and 330 

New  England  Industrial  School  for  Deaf  Mutes,  in  favor  of    .         .        .        .  799 
New  England  Railroad  Company,  may  lease  its  road  to  the  New  York,  New 

Haven  and  Hartford  Railroad  Company 340 

relative  to  the  stations  of,  in  the  town  of  Norwood          ....  445 
New  Hampshire,  payment  of  expenses  of  the  establishment  of  the  boundary 

line  between  Massachusetts  and 795 


1090  Index. 

PAGE 

New  Jerusalem,  the  Boston  Society  of  the,  may  take  and  hold  certain  property  528 
New  London  Northern  Railroad,  transfer  of  mortgage  in,  held  by  the  Central 

Vermont  Railroad  Company 405 

New  York,  boundary  line  between  Massachusetts  and,  completing  survey  of, 

etc 757 

New  York,  New  Haven  and  Hartford  Railroad  Company,  may  lease  the  road 

of  the  New  England  Railroad  Company 340 

Newbury,  town  of,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway 

Company  may  construct  its  railway  through 268 

Newburyport,  city  of,  may  borrow  money  for  school  purposes  ....  260 

relative  to  certain  bridges  over  the  Merrimac  river  in      ....  298 

Newell,  Frank  A.,  in  favor  of 767 

Newton,  city  of,  may  make  an  additional  water  loan 33 

certain  powers  conferred  upon,  in  respect  to  water  courses    ...  37 

boundary  line  between  Boston  and 178,  376 

laying  out  of  public  parks,  etc.,  in 197 

police  court  of,  salary  of  justice  established 305 

Nomination  papers,  relative  to 113 

Nominations,  of  candidates  at  elections 585 

of  candidates  by  political  conventions,  to  be  by  majority  vote         .         .  126 

Norfolk  county,  time  and  place  for  holding  probate  courts  iu    .         .         .        .  133 

salary  of  treasurer  established 270 

assistant  clerk  of  courts  of,  salary  established 481 

tax  granted  for 784 

Normal  Art  School,  in  Boston,  to  provide  an  addition  to 801 

Normal  school,  at  Lowell,  improvements  at 796 

at  North  Adams,  purchase  of  land  for 797 

North  Adams,  city  of,  land  may  be  taken  in,  for  the  Greylock  State  Reserva- 
tion        529 

purchase  of  land  for  the  normal  school  at 797 

North  Cemetery  Association,  incorporated 362 

North  Metropolitan  System  of  Sewerage,  appropriation  for       ....  29 

North  Rochester  Cemetery  Association,  incorporated 124 

Northampton  lunatic  hospital,  repairs  and  improvements  at      ...        .  790 

Northern  Berkshire,  district  court  of,  salary  of  justice  established  .         .        .  150 

Northern  Norfolk,  district  court  of,  established 435 

Northern  Worcester,  first  district  court  of,  travelling  expenses  of  justice  and 

clerk  of 189 

Northfield,  town  of,  relative  to  the  construction  of  a  bridge  across  the  Con- 
necticut river  at 80,  730 

water  supply  for 323 

Northfield  Water  Company,  incorporated 323 

Norwood,  town  of,  relative  to  the  debt  of,  for  park  purposes  ....  83 

relative  to  the  stations  of  the  New  England  Railroad  Company  in          .  445 

Notary  public.  Bond,  John  A.,  acts  legalized 804 

Ilawkes,  George  P.,  acts  legalized 766 


Index. 


1091 


O. 

PAGE 

Oakland  Cemetery  Association,  Incorporated 157 

Odd  Fellows'  Ilome,  of  Massachusetts,  incorporated          .....  677 

Offences,  against  chastity  and  morality,  punishment  of 396 

OlHcers,  of  corporations,  liability  of 195 

of  law  department  of  the  city  of  Boston,  power  of,  to  make  certain 

agreements 275 

Official  ballot,  term  detined 542 

Omaha,  Nebraska,  participation  of  the  Commonwealth  in  the  exposition  to  be 

held  at 798 

Onset  "Water  Company,  powers  extended 177 

Open  season,  for  shooting  scoters  or  coots,  relative  to 129 

Orpheus  Musical  Society,  may  hold  additional  estate 120 

Osterville  bay,  channel  may  be  cut  from  Vineyard  Sound  to      ...         .  392 

Over-insurance,  to  prevent 729 


P. 

Parade,  drill  and  target  practice,  relative  to  grounds  for,  in  the  city  of  Boston 

Pardons  granted  in  1897,  list  of 

Paris  exposition,  participation  of  the  Commonwealth  in 

Parishes,  custody  of  the  records  of 

Park  betterments,  the  city  of  Cambridge  may  refund  certain  sums  paid  on  ac 

count  of       . 

Park  commissioners,  the  metropolitan,  relative  to  betterment  taxes  assessed  by 
to  increase  the  amount  of  money  to  be  placed  at  the  disposal  of 
to  construct  a  dam  across  the  Charles  river  . 
may  construct  a  bridge  across  the  Saugus  river 
appointment  of,  in  the  city  of  New  Bedford    . 
Park  purposes,  sale  of  certain  land  taken  for,  by  the  city  of  Boston 
the  city  of  Medford  may  borrow  money  for 
the  city  of  New  Bedford  may  borrow  money  for 
relative  to  the  indebtedness  of  the  town  of  Norwood  for 
the  city  of  Somerville  may  acquire  and  lay  out  land  for  . 
the  town  of  Stoneham  may  take  land  for 
Parks  and  boulevards,  in  the  city  of  Boston,  relative  to  streets,  etc.,  i 

neighborhood  of 

Parks  and  squares,  in  the  city  of  Newton,  laying  out  of 
Partnerships,  limited,  law  relative  to,  amended 

Pauper  laws,  relative  to 

Paupers,  funeral  expenses  of 

Pawnbrokers,  the  district  police  may  examine  books  of 

Penalties,  under  law  relating  to  elections   . 

Penitent  Females'  Refuge,  in  the  city  of  Boston,  name  changed  to  The  Refuge 

in  the  City  of  Boston 


n  the 


652-1 


92 
829 
79-1 
402 


423 

488 

488 

541 

175 

92 

115 

91 

83 

187 

162 

527 
197 
442 
369 
302 
477 
6G2 


67 


1092  Index. 


PAGE 

Pension  agent,  appropriation  for  salary  and  expenses  of 9 

Pensioning  of  war  veterans,  on  police  force  of  Boston 113 

Pensions,  to  flremen,  cities  may  grant 19G 

Perkins  Institution  and  Massachusetts  School  for  the  Blind,  appropriation 

for 19 

Personal  property,  relative  to  contracts  for  the  conditional  sale  of  .        .         .  531 
Pharmacy,  appropriation  for  enforcing  the  law  regulating  the  practice  of       .  89 
Phillips  Academy,  to  extend  the  powers  of  the  trustees  of        ....  33 
Pilot  commissioners,  of  Boston  harbor,  may  suspend  certain  statutory  pro- 
visions, etc. 392 

Pine  Grove  Cemetery  Association  of  Westborough,  incorporated     .        •        .  158 

Plainfield,  town  of,  in  favor  of 794 

Playgrounds,  in  the  city  of  Boston,  to  provide  a  system  of       ...         .  356 

Plum  Island  Electric  Street  Railway  Company,  relative  to         ...        .  229 
Plymouth,  town  of,  the  Plymouth  and  Sandwich  Street  Railway  Company  may 

construct  and  operate  its  road  in 255 

Plymouth  county,  tax  granted  for 786 

Plymouth  plantation,  Bradford's  history  of,  relative  to 783 

fixing  the  price  of  copies  of 792 

additional  copies  to  be  printed 802 

Plymouth  and  Sandwich  Street  Railway  Company,  incorporated       .        .        .  25i 

Point  of  Pines,  relative  to  a  boulevard  from  the  Lynn  Woods  to,  etc.      .        .  468 

Poisons,  relative  to  the  sale  of 127 

Police,  district,  appropriation  for  salaries  and  expenses  of       ....  30 

additional  clerk  in  office  of  chief  of 153 

duties  of,  relative  to  the  manufacture  and  sale  of  clothing  made  in  un- 
healthy places 97 

additional  members  of  boiler  inspection  department  of    .        .        .         .  193 

may  examine  pawnbroker's  books 477 

authorized  to  procure  a  steamer  to  be  used  by,  in  enforcing  the  fish  and 

game  laws 764 

chief  of,  to  pui'chase  apparatus  to  be  used  in  the  examination  of  engi- 
neers and  flremen 767 

relative  to  expenses  incurred  by,  in  enforcing  laws  relative  to  inland 

fisheries  and  game 802 

Police,  district  and  municipal  courts,  inquests  and  fees  in         ....  137 

Police  court,  Brookline,  name  changed  to  municipal  court  of  Brookline  .         .  148 

Lawrence,  clerical  assistance  for 213 

Lynn,  clerical  assistance  for  clerk  of 270 

Newton,  salary  of  justice  established 305 

Springfield,  salary  of  justice  established 313 

Police  courts,  municipal,  district  and,  practice  in 443 

Police  force,  of  Boston,  pensioning  certain  members  of    .         .        .         .         .113 

Police  officers,  special  district,  powers  of 441 

Political  committee,  term  defined 542 

Political  committees,  relative  to 567 

Political  convention,  term  defined 542 

Political  conventions,  nomination  of  candidates  at,  to  be  by  majority  vote  126 


Index. 


1093 


canvass  and 


count 


Political  parties,  provisions  applying  to  caucuses  of . 
Political  party,  nomination  of  candidates  by 

term  defined 

Poll  taxes,  assessment  of,  etc 

Polling  place,  terra  defined 

Polling  places,  purchase  of  apparatus  to  be  used  at,  in  the 

of  votes 

Polls,  time  of  closing,  at  fire  district  elections    . 
Poor,  state,  support  of,  by  cities  and  towns 

in  towns,  support  of 

Poor  debtor  proceedings,  relative  to   . 

Porter,  Burrill,  Jr.,  resolution  of  sympathy  to    . 

Practice  in  municipal,  police  and  district  courts,  relative  to 

Preservation  of  deer,  relative  to  .... 

Presidential  electors,  election  of  .... 

proceedings  of    

Presidents  of  the  senate,  collection  of  portraits  of 

Presiding  ofllcer,  term  defined 

Prison,  reformatory,  for  women,  repairs  at 

disposal  of  a  parcel  of  land  at        .        .        . 

state,  sentences  to 

duties  of  the  warden  of,  relative  to  the  infliction  of  the  death  penalty 

relative  to  sentences  to 

electric  light  plant  to  be  established  at 
to  provide  additional  shop-room  at 
Prison  and  Hospital  Loan  Sinking  Fund,  appropriation  for 
Prison  industries,  appropriation  for  expenses  in  connection  with 

expense  for  maintenance  of 

Prisoners,  employment  of 

relative  to  reclaiming  and  improving  waste  and  unused  lands 
labor  of 

in  jails  and  houses  of  correction,  relative  to  the  labor  of 

in  Massachusetts  reformatory,  employment  of         .        .         . 
Prisons,  etc.,  employment  of  prisoners  in  making  goods  for     . 

commissioners  of,  appropriation  for  expenses  of     .         .        . 

general  superintendent  of,  appropriation  for  salary  and  expenses 

Private  detectives,  relative  to  licensing 

Probate  court,  may  appoint  consen^ators  of  the  property  of  aged  persons 

county  of  Suflblk,  appointment  of  an  oflScer  for 
Probate  courts,  county  of  Bristol,  time  and  place  of  holding     . 

county  of  Norfolk,  time  and  place  of  holding  . 

county  of  Franklin,  time  and  place  of  holding 
Probate  and  insolvency,  relative  to  the  authority  of  judges  of  . 

county  of  Berkshire,  salary  of  judge  established 

county  of  Hampden,  an  assistant  register  of,  to  be  appointed 

county  of  Middlesex,  clerical  assistance  for  register  of    . 
compensation  of  assistant  register  of    . 

county  of  Worcester,  clerical  assistance  for  the  register  of 


by 


271 
the 


of 


FAGB 
569 

113 
542 
547 
542 

792 
102 
333 
339 
676 
806 
443 
120 
640 
632 
792 
542 
764 
764 
176 
265 
312 
779 
791 
26 
23 
192 
307 

335 
205 
253 
271 

29 

8 

442 

486 

95 
132 
133 
153 

85 
210 
174 
271 
481 

76 


1094 


Index. 


s  of 


Probate  of  wills,  etc.,  relative  to 

Probation  officers,  in  the  superior  court,  appointment  of  . 
Process,  equitable,  after  judgment  in  certain  cases,  to  provide  for 
Proprietors  of  the  Dukes  County  Academy,  proceedings  of  annual  meetin 

legalized 

Protection,  of  certain  birds,  relative  to 

of  children,  relative  to 

of  fish  and  game,  fines  and  forfeitures  in  relation  to 
Providence  and  Taunton  Street  Railway  Company,  incorporated 
Public  documents,  appropriation  for  printing  and  binding 
report  of  attorney-general,  edition  increased 

printing  of  certain 

Public  employees,  half  holidays  may  be  granted  to 
Public  institutions,  employment  of  prisoners  in  making  goods  for 
Public  parks,  Boston  may  finish  the  construction  of 
Public  records,  commissioner  of,  appropriation  for 
edition  of  annual  report  of,  increased    . 
additional  copies  of  report  of,  to  be  printed 
relative  to  the  preservation  of  certain 
penalty  for  violation  of  law  relative  to  the  use 
Public  schools,  towns  to  be  reimbursed  for  transporting  pupils  to  and  from 
Public  service,  restoration  to,  of  persons  entering  the  military  service  in  time 

of  war 

Public  Statutes,  consolidation,  etc.,  of,  appropriation  for  expenses  of 

second  supplement  to,  appropriation  for  expenses  in  connection  with 

preparation  and  publication  of 

distribution  of 

Punishment,  of  oflfences  against  chastity  and  morality,  relative  to    . 
Purity  of  inland  waters,  appropriation  for  payment  of  expenses  for  the  protec 
tion  of 


of  ink  for 


PAGE 

47 
474 
663 

77 
275 
337 
138 
208 

68 
115 
263 
,  308 
271 
259 

34 
263 
765 

46 
474 
800 

403 

27 

27 
258 
396 

73 


Q. 


Quakers,  custody  of  records  of  .                 .        • 402 

Qualification  of  officers  by  county  commissioners,  returns  of    .         .         .         .  194 

Qualification  of  voters,  relative  to 646 

Quincy,  city  of,  may  sell  certain  real  estate 69 

a  justice  of  the  peace  to  issue  warrants  and  take  bail  may  be  appointed 

in 320 

Quincy  Market  Cold  Storage  Company,  may  increase  its  capital  stock,  etc.     .  83 

E. 

Railroad  commissioners,  appropriation  for  salaries  and  expenses  of         .        .        55 
Railroad  corporations  : 

Boston  and  Maine,  may  hold  shares  of  capital  stock  of  certain  other  rail- 
road corporations 128 

Central  Vermont,  transfer  of  mortgage  held  by,  in  the  New  London 

Northern  Railroad 405 


Index.  1095 


PAGE 

Railroad  corporations  —  Concluded. 

Millbury,  Sutton  and  Douglas,  time  for  completion  of,  extended    .         .  25;3 
New  England,  may  lease  its  road  to  the  New  Yorls,  New  Haven  and  Hart- 
ford Railroad  Company 340 

relative  to  the  stations  of,  in  the  town  of  Norwood     ....  445 
New  London  Northern,  transfer  of  mortgage  in,  held  by  tlie  Central 

Vermont  Railroad  Company 405 

New  York,  New  Haven  and  Hartford,  may  lease  the  road  of  the  New 

England  Railroad  Company 34O 

Railroads,  grade  crossings  of,  abolition  of 524 

relative  to  the  southern  union  station  of,  in  the  city  of  Boston       .         .  182 

Railway  companies,  may  acquire  land  for  avoiding  grade  crossings         .        .  345 

Railways,  street,  act  relative  to 737 

Randolph,  town  of,  the  Oakland  Cemetery  Association  incorporated  in    .        .  157 
Reading,  town  of,  included  within  the  judicial  district  of  the  fourth  district 

court  of  eastern  Middlesex 185 

Real  estate,  relative  to  suits  to  quiet  the  title  to 405 

Receivers  of  insolvent  insurance  companies,  examiner  in  the  insurance  depart- 
ment to  examine  accounts  of      ........  32 

Record  ink,  penalty  for  violation  of  law  relative  to  use  of         ....  474 

Records,  custody  of  certain 402 

of  elections,  relative  to 618 

public,  relative  to  the  preservation  of  certain 46 

of  troops  who  served  in  the  revolutionary  war,  relative  to  compiling, 

indexing  and  publishing 756 

Red  Cross,  resolutions  favoring  the  protection  of  the  insignia  of     .        .        .  806 

Reformatory  prison  for  women,  appropriation  for  salaries  and  expenses  at     .  64 

repairs  at 764 

disposal  of  a  parcel  of  land  at 764 

Refuge  in  the  City  of  Boston,  The,  name  established 67 

Regan,  Catherine,  city  of  Boston  may  pay  a  sum  of  money  to           ...  276 
Register  of  deeds,  assistant,  Middlesex  southern  district,  salary  established    .  271 
Register  of  probate  and  insolvency,  assistant,  county  of  Hampden,  appoint- 
ment of 174 

county  of  Middlesex,  clerical  assistance  for 271 

assistant,  compensation  of 481 

county  of  Worcester,  clerical  assistance  to 76 

•Registering  and  confirming  titles  to  land,  to  provide  for 682 

Registrars,  term  defined 543 

Registrars  of  voters,  appointment  of 550 

Registration  of  voters,  relative  to ?,C,'t,  553 

in  the  city  of  Boston,  relative  to 34J,  563 

Registry  of  deeds,  description  and  plan  of  lands  purchased  for  sewer  pur- 
poses, etc.,  to  be  filed  in     88 

Rehoboth,  town  of,  the  Providence  and  Taunton  Street  Railway  Company 

may  locate  its  tracks  in 208 

Reinsurance  contracts,  relative  to 522 

Release,  temporary,  of  children  from  truant  schools,  relative  to       .        .        .  260 


1096 


Index. 


Keligious  societies,  custody  of  the  records  of    . 
Report,  of  the  attorney-general,  edition  increased 

relative  to 

additional  copies  to  be  printed       .... 
of  the  chief  of  the  district  police,  edition  increased 
of  the  secretary  of  the  board  of  education,  edition  increased 
of  board  of  free  public  library  commissioners,  relative  to 
of  state  board  of  health,  to  provide  for  illustrations  in  . 
of  the  state  board  of  lunacy  and  charity,  five  hundred  copies  of  certain 

portions  of,  to  be  printed  for  the  use  of  tlie  board     , 
of  the  commissioner  of  public  records,  edition  increased 

additional  copies  to  bd  printed 

of  the  trustees  of  the  state  almshouse  and  state  farm,  relative  to  the 

state  farm,  edition  increased      .... 
of  commission  on  taxation,  to  provide  for  printing 
of  the  committee  to  investigate  the  subject  of  the  relation  between  cities 
and  towns  and  street  railway  corporations,  to  provide  for  printing 
Reports,  of  certain  state  boards  and  commissions,  relative  to  .        .        .        . 
Resolutions  : 

on  the  illness  of  the  honorable  James  E.  Hayes        .... 

on  the  death  of  the  honorable  James  E.  Hayes 

favoring  national  legislation  for  protecting  the  insignia  of  the  Red 

Cross  

relative  to  the  frigate  Constitution 

of  sympathy  to  representative  Burrill  Porter,  Jr 

relative  to  amending  the  national  constitution  enabling  congress  to  en- 
act laws  regulating  the  hours  of  labor 

relative  to  the  extermination  of  the  gypsy  moth 

on  the  illness  of  representative  Charles  P.  Mills 

on  the  death  of  the  honorable  Elijah  A.  Morse 

Returns,  of  corporations,  relative  to 

of  qualification  of  officers  by  county  commissioners,  relative  to 

Revere,  town  of,  election  of  selectmen  in 

Revere  Water  Company,  the  town  of  Wiuthrop  may  purchase  .         .        .         . 

Revolutionary  rolls,  compilation,  publication,  etc.,  of 

Rhode  Island,  boundary  line  between  Massachusetts  and,  completing  survey 

of,  etc. 

Rich,  Solomon  B.,  the  county  commissioners  of  the  county  of  Barnstable  may 

pay  a  sum  of  money  to 

Road  material,  prisoners  may  be  employed  in  tlie  preparation  of      .        .         . 
Robinson,  George,  the  county  of  Hampden  may  pay  a  sum  of  money  to  the 

widow  of 

Rochester,  town  of,  the  North  Rochester  Cemetery  Association  in,  incor- 
porated          

Rockland  and   Abington  Street  Railway  Company,  may  act  as  a  common 

carrier,  etc 

Rockport,  town  of,  relative  to  state  highways  in 

Roman  Catholic  Bishop  of  Springfield,  corporation  created  under  the  name  of 


PAGE 

402 
115 
390 
762 
263 
263 
762 
766 

263 
263 
765 

263 

784 

780 
308 

805 
805 

806 
806 
806 

807 
807 
809 
809 
38 
194 
199 
228 
756 

757 

483 
307 

522 

124 

252 

800 
308 


Index.  1097 


Rowley,  town  of,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway 

Company  may  construct  its  railway  through 268 

Rutherford  avenue,  in  Boston,  widening  of 204: 

Rutland,  town  of,  may  borrow  money  for  school  purposes        ....  483 

s. 

Saint  Mark's  Methodist  Episcopal  Church  of  Brookline,  The  Trustees  of,  name 

established 76 

Salaries  : 

assistant  clerk  of  courts,  county  of  Bristol 315 

county  of  Norfolk 481 

assistant  district  attorneys,  Sullolk  district 174 

assistant  register  of  deeds,  Middlesex  southern  district  ....  271 

assistant  register  of  probate  and  insolvency,  county  of  Middlesex          .  481 

clerk,  second  district  court  of  eastern  Worcester 320 

harbor  and  land  commissioners 729 

judge  of  probate  and  insolvency,  Berkshire  county 210 

first  clerk,  secretary  of  board  of  agriculture 407 

justice  and  clerk,  fourth  district  court  of  Berkshire         ....  407 

justice,  district  court  of  northern  Berkshire 150 

third  district  court  of  Bristol 375 

third  district  court  of  eastern  Middlesex 304 

second  district  court  of  eastern  Worcester 331 

police  court  of  Newton 305 

police  court  of  Springfield 313 

sheriflf,  county  of  Middlesex 264 

treasurer,  county  of  Bristol 264 

county  of  Hampden 264 

county  of  Middlesex 224 

county  of  Norfolk 270 

Sale,  of  clothing  made  in  unhealthy  places,  relative  to 97 

of  personal  property,  conditional,  relative  to  contracts  for      .         .        .531 

of  poisons,  relative  to 127 

Salem,  city  of,  appointment  of  assistant  assessors  in 22 

highway  between  Marblehead  and,  to  be  widened,  etc 667 

Salem  Lyceum,  may  transfer  its  funds  to  the  Essex  Institute  of  Salem    .         .  76 
Salem  turnpike,  relative  to  relocations  of  tracks  of  the  Lynn  and  Boston  Kail- 
road  over 192 

Salisbury,  town  of,  relative  to  a  bridge  over  the  Merrimac  river  between 

Newburyport  and 298 

Sandwich,  town  of,  the  Plymouth  and  Sandwich  Street  Railway  Company  may 

construct  and  operate  its  road  in 255 

Saugus  river,  a  bridge  may  be  constructed  across 541 

Sausages,  to  prohibit  the  use  of  coloring  matter  in  the  manufacture  of    -        .  128 

Savings  banks,  relative  to 96 

investments  of 121 

to  limit  the  connection  between  national  banking  associations  and         .  725 

commissioners  of ,  appropriations  for  salaries  and  expenses  in  the  office  of  6 


1098  Index. 

PAGE 

Scholarships,  state,  in  the  Massachusetts  Institute  of  Technology  and  the 

Worcester  Polytechnic  Institute,  relative  to  awarding      .        .         .  440 

School,  for  the  Feeble-minded,  the  Massachusetts,  improvements  at        .         .  783 

in  favor  of 783 

normal,  at  Lowell,  improvements  at 796 

at  North  Adams,  purchase  of  land  for 797 

the  Mount  Hermon  Boys',  relative  to 419 

the  Wheelwright  Scientific,  may  hold  additional  estate  ....  61 

School  attendance  and  truancy,  relative  to 451,753 

School  building,  construction  of,  in  the  city  of  Fitchburg         ....  179 

city  of  Lynn  may  borrow  money  for  construction  of       ...        .  215 

city  of  Woburn  may  borrow  money  for  construction  of  .        .        .        .  194 
School  children,  attending  a  high  school  outside  the  town  in  which  they  reside, 

appropriation  for  payment  of  tuition  of 51 

School  purposes,  city  of  Beverly  may  borrow  money  for 340 

the  city  of  Boston  may  issue  bonds  for 96 

taking  of  land  for,  in  Boston 114 

the  city  of  Newburyport  may  borrow  money  for 260 

the  town  of  Rutland  may  borrow  money  for 483 

the  town  of  Watertown  may  borrow  money  for 345 

Schoolhouses,  construction  of,  in  the  city  of  Boston 161 

in  the  city  of  Boston,  exempt  from  certain  provisions  of  law  relative  to 

the  erection  of  buildings  in 212 

the  city  of  Lawrence  may  borrow  money  for  the  purpose  of  construct- 
ing    348 

Schools,  superintendents  of,  in  small  towns,  employment  of     ....  412 

towns  to  be  reimbursed  for  transporting  pupils  to  and  from  .        .        .  800 

of  the  city  of  Boston,  support  of 341 

Scientific  School,  the  Wheelwright,  may  hold  additional  estate         ...  61 

Scorton  harbor,  channel  to  be  cut  from,  to  Barnstable  bay        ....  394 

Scoters,  or  coots,  open  season  for 129 

Seal  of  the  Commonwealth,  relative  to "       .  481 

Seals  and  certificates,  oflicial,  relative  to 332 

Seaman,  shipwrecked,  relief  of 162 

Second  district  court,  eastern  Worcester,  salary  of  clerk  established        .         .  320 

salary  of  justice  established 331 

Secretary  of  state  board  of  agriculture,  first  clerk  in  the  office  of,  salary  estab- 
lished    407 

Secretary  of  the  Commonwealth,  appropriation  for  expenses  in  the  depart- 
ment of 48 

return  to  be  made  to,  by  county  commissioners,  of  qualification  of  certain 

officers 194 

state  boards  and  commissions  to  make  report  of  organization  to    .        .  195 
certain  corporations  to  file  certificate  of  organization,  etc.,  in  the  ofl^ce 

of 273 

to  examine  voting  and  counting  machines 315 

duties  of,  relative  to  the  organization  of  fraternal  beneficiary  corpora- 
tions             424-434 


Index.  1099 


Secretary  of  the  Commonwealth  —  Concluded. 

to  be  of  the  commission  to  act  upon  claims  for  bounties         .         .        .  484 

duties  of,  relative  to  elections 541-663 

to  continue  the  publication  of  the  revolutionary  rolls       ....  756 
to  ascertain  and  report  on  the  rolls  of  the  colonial  forces  in  the  Louis- 
burg  expedition 776 

to  provide  cities  and  towns  with  apparatus  for  canvassing  and  counting 

votes C28,  792 

Security  for  small  loans,  redemption  of 733 

Seekonk,  town  of,  the  Providence  and  Taunton  Street  Railway  Company  may 

locate  its  tracks  in 208 

Senate,  collection  of  portraits  of  presidents  of 792 

list  of  members  of 860 

Sentences,  to  the  state  farm,  relative  to 395 

to  state  prison,  relative  to 170,  312 

Sergeant-at-arras,  appropriation  for  expenses  of 35 

Sewage  disposal  : 

Clinton,  relative  to     ... 672 

Everett,  additional  outlet  for 148 

may  contract  with  the  city  of  Maiden  relative  to 450 

Fall  Kiver,  may  borrow  money  for 205 

Foxboi'ough,  may  construct  a  system  of 292 

Lynn,  may  complete  system  of 265 

Maiden,  may  contract  with  the  city  of  Everett  relative  to       .        .        .  450 

Marlborough,  may  borrow  money  for  purposes  of 306 

the  Neponset  river  valley  system  of,  appropriation  for  operating   .         .  28 

expenses  of 117 

Taunton,  relative  to 109 

"Webster,  may  construct  a  sj-stera  of 289 

Sewage  plant,  to  be  provided  at  the  Danvers  lunatic  hospital    ....  793 

Sewer  assessments.  Great  Barrington  Fire  District,  collection  of     .        .        .  408 

in  the  town  of  Melrose,  relative  to 396 

in  the  city  of  Taunton,  to  establish  a  system  of 276 

Sewer  purposes,  city  of  Lawrence  may  borrow  money  for        ....  117 

Sewerage  construction,  in  the  city  of  Taunton,  the  city  engineer  to  be  clerk 

of  the  board  of  commissioners  of 101 

Sewerage  loan  : 

Foxborough 294 

Lawrence 117 

Metropolitan 367 

Sewerage  purposes,  town  of  Hyde  Park  may  borrow  money  for        .        .        .  360 

Sewerage  system,  the  Charles  river  valley,  appropriation  for  operating  .        .  22 

the  metropolitan,  construction  and  operation  of 366 

the  north  metropolitan,  appropriation  for  operating        ....  29 

Sewerage  works,  in  the  city  of  Boston,  relative  to 190 

Sewers,  etc.,  description  and  plan  of  lands  purchased  for,  to  be  tiled  in  reg- 
istry of  deeds       88 

Shade  trees,  in  the  city  of  Taunton,  custody  of 60 


1100  Index. 

PAGE 

Sharon,  town  of,  additional  water  loan  for 59 

Knollwood  Cemetery  incorporated  in 139 

Shaw,  David  B.,  senator,  second  Suffolk  district,  travel  and  attendance  of      .  803 

Sheriffs,  duties  of,  relative  to  the  Infliction  of  the  death  penalty        .        .        .  265 

Shipwrecked  seamen,  relief  of 162 

Shrewsbury,  town  of,  proceedings  of  town  meeting  legalized  ....  306 

Sidewalks,  in  towns,  removal  of  snow  from 125 

Small  loans,  etc.,  relative  to 733 

Small  towns,  employment  of  superintendents  of  schools  in       .        .        .        .412 
Snow,  removal  of,  from  sidewalks,  towns  may  adopt  by-laws  relating  to         .  125 
Snow,  ice,  etc.,  street  railway  companies  may  use  their  cars  for  the  transpor- 
tation of      .        .  - 268 

Societies  : 

the  Fall  River  Philanthropic  Burial,  relative  to 399 

the  First  Congregational,  in  Fairhaven,  may  convey  its  property  to  the 

First  Congregational  Church  of  Fairhaven,  Massachusetts      .        .  491 

of  the  New  Jerusalem,  the  Boston,  may  take  and  hold  certain  property  528 

the  Orpheus  Musical,  may  hold  additional  estate 120 

Soldiers,  etc.,  payment  of  bounties  to 484 

appropriation  for  payment  of  annuities  to 56 

exemption  of  property  of  widows  of,  from  taxation          .        .         .        .  311 

to  provide  for  state  pay  for 679 

to  legalize  appropriations  made  by  cities  and  towns  for  benefit  of  .       487,  728 

Soldiers'  Home,  in  favor  of  the  Trustees  of 786 

Soldiers'  monument,  on  the  battlefield  at  Antietam,  to  be  conveyed  to  the 

United  States 777 

Soldiers'  relief,  disputed  claims  for,  to  be  referred  to  the  commissioners  on 

state  aid 303 

Somerville,  city  of.  Board  of  Water  Commissioners  of,  name  established        .  23 

may  lay  out  certain  land  for  a  public  park 187 

Somerville  Mystic  Water  Board,  name  changed 23 

South  bay,  in  Boston,  changing  harbor  lines  of 206 

South  Hadley,  town  of.  Fire  District  Number  One  of,   may   issue  bouds, 

etc 31 

may  refund  a  portion  of  its  debt 82 

Southern  union  passenger  station,  relative  to 182 

Southern  Worcester,  first  district  court  of,  office  of  clerk  of,  establislied        .  311 

Special  administrators,  relative  to 357 

Special  commissioners,  to  enlarge  the  powers  of  women  appointed  as      .         .  123 

fixing  the  term  of  oflice  of 730 

in  counties,  compensation  of 261 

Special  district  police  officers,  powers  of 441 

Special  laws,  publication  of  certain 762 

Special  messages  of  the  governor 829 

Special  police  officers,  appointment  of,  in  the  city  of  Boston     ....  210 

Special  tribunals,  giving  of  testimony  by  witnesses  at 314 

Spinning  Company,  the  Bennett,  incorporated 17 


Index.  1101 


PAQE 


Spriugfleld,  city  of,  the  Komau  Catholic  Bishop  of,  corporation  created  under 

the  name  of 308 

police  court  of,  salary  of  justice  established 313 

apportionment  of  cost  of  maintaining  a  bridge  over  the  Connecticut 

river  between  Agawam  and 329 

Springfield  Gas  Light  Company,  may  hold  real  estate  in  and  furnish  gas  to  the 

town  of  Longmeadow 67 

Squire,  Minnie  E.,  in  favor  of 782 

Stall',  of  the  commander-in-chief,  relative  to 304 

Standard  record  ink,  penalty  for  violation  of  law  relative  to  use  of  .        .         .  474 

State  aid  commissioners,  disputed  claims  for  relief  to  be  referred  to        .        .  303 

State  and  military  aid,  appropriation  for  payment  of 28 

to  provide  for 679 

State  almshouse,  improvements  at 800 

State  ballot  law  commission,  providing  for  a 592 

State  board  of  agriculture,  first  clerk  in  the  office  of  the  secretary  of,  salary 

established 407 

to  take  charge  of  the  work  of  exterminating  the  brown  tail  moth  .         .  530 

State  board  of  bar  examiners,  payment  of  expenses  of 259 

State  board  of  education,  duties  of,  relative  to  the  construction  of  a  school 

building  in  the  city  of  Fitchburg 179 

edition  of  the  annual  report  of  the  secretary  of,  increased       .        .         .  263 

State  board  of  health,  to  provide  for  illustrations  in  the  report  of    .         .         .  766 

State  board  of  insanity,  to  establish 377 

State  board  of  lunacy  and  charity,  five  hundred  copies  of  portions  of  the  report 

of,  to  be  printed  for  the  use  of  the  board 263 

State  boards  and  commissions,  organization  of 195 

relative  to  annual  reports  of  certain 308 

State  election,  term  defined 543 

State  elections,  officers  to  be  chosen  at 640 

State  expenditures,  by  departments  and  officials,  relative  to      .         .        .       754,758 

State  farm,  appropriation  for  erection  of  a  new  building  at       ....  31 

appropriation  for  salaries  and  expenses  at 79 

edition  of  the  annual  report  of  the  trustees  of,  increased         .         .        .  '263 

relative  to  sentences  to 395 

improvements  at 791 

State  Highway  Loan  Sinking  Fund,  appropriation  for 25 

State  highways,  relative  to 435,  487 

construction  and  repair  of 526 

relative  to.  In  the  cities  of  Beverly  and  Gloucester  and  the  towns  of 

Manchester  and  llockport 800 

State  house,  to  provide  for  additional  furniture  for 216 

illuminating  the  dome,  etc.,  of 338 

State  house  commissioners,  duties  of,  in  connection  with  illuminating  the 

dome,  etc.,  of  the  state  house 338 

State  House  Loans  Sinking  Fund,  appropriation  for 25 

State  library,  appropriation  for  salaries  and  expenses  in  the     .         .  21 


no2 


Index. 


State  officer,  term  defined 

State  pension  agent,  appropriation  for  salary  and  expenses  of 

State  poor,  support  of,  by  cities  and  towns 

State  prison,  appropriation  for  salaries  and  expenses  at    . 

relative  to  sentences  to 

duties  of  the  warden  of,  relative  to  the  Infliction  of  the  death  penalty 

electric  light  plant  to  be  established  at     . 

to  provide  additional  shop  room  at  . 
State  Reservation,  the  Greylock,  established 
State  scholarships,  in  the  Massachusetts  Institute  of  Technology  and  the 
Worcester  Polytechnic  Institute,  relative  to  awarding 

State  tax,  apportioned  and  assessed 

State  and  county  taxes,  basis  of  apportionment  for 

Statistics  of  labor,  the  bureau  of,  appropriation  for  salaries  and  expenses  in 

expenditures  of,  for  purposes  of  decennial  census    .... 

to  investigate  the  subject  of  Sunday  labor 

to  investigate  the  subject  of  labor  and  co-operative  insurance 

Steam  boilers,  relative  to  the  inspection  of 

Stonehara,  town  of,  may  take  land  for  a  public  park 

Stony  brook,  in  Boston,  relative  to 

Stow,  town  of,  gas,  etc.,  may  be  furnished  to,  by  the  town  of  Hudson 
Streams,  maintenance  of  dams  across  certain,  for  the  purpose  of  forming  ice 

ponds  

Street  improvements,  city  of  Gloucester  may  borrow  money  for  purposes  of 
Street  railway  companies,  may  use  their  cars  to  transport  snow,  ice,  gravel,  etc 

may  acquire  land  for  avoiding  grade  crossings  with  railroads 

relative  to  the  taxation  of 

Street  railway  corporations  : 

Amherst  and  Sunderland,  time  for  construction  of  road  of,  extended 

Barnstable  County,  charter  extended 

Boston  Elevated,  provisions  affecting 

Fall  River  and  Providence,  time  for  construction  of  road  of,  extended 

Fitchburg  and  Ashby,  incorporated 

Framingham,  Southborough  and  Marlborough,  to  confirm  certain  acts 
of  the  association  for  the  formation  of       .        .        . 

Greenfield  and  Turner's  Falls,  may  act  as  common  carrier 

Hanover,  may  act  as  a  common  carrier,  etc.     . 

Haverhill,  Georgetown  and  Danvers,  may  construct  Its  railway  through 
certain  towns 

Lowell,  Lawrence  and  Haverhill,  may  operate  their  cars  over  locations 
of  the  Lowell  and  Suburban  Street  Railway  Company 

Lowell  and  Suburban,  may  operate  their  cars  over  locations  of  the 
Lowell,  Lawrence  and  Haverhill  Street  Railway  Company 

Lynn  and  Boston,  relocation  of  tracks  of         ...        . 

Marlborough  and  Westborough,  time  for  construction  extended 

Milford,  Attleborough  and  Woonsocket,  incorporated     . 

Plum  Island  Electric,  relative  to 

Plymouth  and  Sandwich,  incorporated 


737- 


44& 

532 

163 

7 

46 
344 
790 
111 
162 
193 

92 

437 
321 
268 
345 
359 

75 

154 

-750 

84 
300 

668 
273 
251 

268 

134 

134 
192 
211 
269 
229 
254 


Index. 


1103 


Street  railway  corporations  —  Concluded. 

Provideuce  and  Taunton,  incorporated     .... 

Rockland  and  Abington,  may  act  as  a  common  carrier,  etc. 

Templeton,  time  for  construction  of  road  of,  extended    . 

"West  End,  provision  aflectlng 

Western  Hampshire,  time  for  organization  of,  extended 

Worcester  and  Marlborough,  may  act  as  common  carrier 

Woronoco,  may  act  as  a  common  carrier,  etc. 
Street  railway  corporations,  municipal  and,  to  extend  the  authority  of  the  com 
mittee  to  investigate  the  subject  of  the  relations  between 

printing  report  of 

Street  railways,  act  relative  to 

Streets,  in  the  city  of  Boston,  plotting  and  laying  out  of  . 

in  the  neighborhood  of  parlts  and  boulevards  in  the  city  of  Boston,  rel 

ative  to 

Streets  and  highways,  in  the  city  of  Beverly,  relative  to    . 
Sudbury  river,  relative  to  expense  of  improvements  in  the  valley  of 
Suffolk  county,  appointment  of  an  officer  of  the  probate  court  of 
Suffolk  district,  assistant  district  attorneys  for,  to  equalize  the  salaries  of 
Suits,  to  quiet  the  title  to  real  estate,  relative  to 

founded  on  certain  judgments,  relative  to  the  issuing  of  executions  on 

Sunday  labor,  to  provide  for  an  Investigation  of 

Superintendent  of  streets,  city  of  Lawrence,  election  of  . 
Superintendents  of  schools,  in  small  towns,  employment  of      .         .         . 
Superior  court,  to  hear  and  determine  question  of  raising  money  by  cities  and 
towns  for  certain  purposes 

appointment  of  probation  officers  in         .... 

county  of  Franklin,  changing  the  time  of  sittings  of 
Supplement,  to  the  Public  Statutes,  appropriation  for  expenses  in  connection 
with  preparation  and  publication  of  . 

distribution  of 

Supreme  judicial  court,  to  hear  and  determine  question  of  raising  money  by 

cities  and  towns  for  certain  purposes 
Sureties,  on  i)onds  of  city  officers,  cities  may  appropriate  money  to  pay  charges 

of  Insurance  companies  as 

Swampscott,  town  of,  may  purchase  the  property  of  the  Marblehead  Water 

Company 

Swift  Charity,  the,  incorporated 

Swimming,  to  provide  for  instruction  In,  at  public  bathing  places  in  towns 


208 
252 

35 
737-750 

94 
274 
230 

760 
780 
737 
142 


527 
262 
359 

95 
174 
405 
444 
344 

63 
412 

445 
474 
302 

27 

258 

445 

27 

219 

398 

82 


T. 


Tables  showing  changes  In  legislation 

Target  practice,  relative  to  grounds  for,  In  the  city  of  Boston  .        .         .        . 

Taunton,  city  of,  custody  of  shade  trees  in 

the  public  cemeteries  In,  to  be  under  the  control  of  the  park  commis- 
sioners          


883 
1)2 
60 

101 


1104  Index. 


Tauuton,  city  of  —  Concluded. 

the  city  engineer  of,  to  be  the  clerli  of  the  board  of  commissioners  of 

sewerage  construction 101 

proceedings  of  city  council  confirmed 108 

relative  to  the  sewage  disposal  of 109 

the  Providence  and  Taunton  Street  Railway  Company  may  locate  its 

tracks  in 208 

a  sewer  rental  system  may  be  established  for 276 

Taunton  lunatic  hospital,  improvements  at 767 

Tax,  county,  Barnstable 788 

Berlvshire 768 

Bristol         ..." 769 

Dukes  County 789 

Essex 771 

Franklin 772 

Hampden 773 

Hampshire 776 

Middlesex 778 

Norfolk 784 

Plymouth 78G 

Worcester 775 

Tax,  state,  apportioned  and  assessed 532 

Tax  commissioner,  appropriation  for  salaries  and  expenses  in  the  department  of  56 

may  appoint  a  deputy 473 

Taxable  valuation  of  vessels  in  the  foreign  carrying  trade,  provisions  of  law 

relating  to,  extended 301 

Taxation,  commission  on  revision  of  laws  relating  to,  appropriation  for  com- 
pensation and  expenses  of 57 

exemption  of  widows  of  soldiers,  etc.,  from 311 

of  street  railway  companies,  relative  to 359 

to  provide  for  printing  report  of  the  commission  on        ...        .  784 

Taxes,  to  provide  for  uniformity  in  the  assessment  of 472 

state  and  county,  basis  of  apportionment  for 163 

Templeton,  town  of,  granting  certain  powers  to  precincts  three  and  four  in    .  135 

a  public  lighting  plant  may  be  established  ia 200 

Templeton  street  railway,  time  for  construction  extended         ....  35 

Temporary  loans,  cities  and  towns  may  make 486 

Testamentary  guardians,  appointment  of 90 

Testimony,  giving  of,  by  witnesses  at  special  tribunals 314 

Textile  school,  the  Lowell,  in  favor  of 796 

appropriation  for  tlie  establishment  of,  in  the  city  of  New  Bedford        .  94 

Third  deputy  controller  of  county  accounts,  appointment  of     ....  435 

Third  district  court  of  Bristol,  salary  of  justice  established       ....  375 

Third  district  court  of  eastern  Middlesex,  salary  of  justice  establislied     .        .  304 

Tide  waters,  appropriation  for  removal  of  wrecks  from 16 

Title,  to  real  estate,  relative  to  suits  to  quiet 405 

Titles,  to  land,  to  provide  for  the  registration  of 682 


Index.  1105 

PAOE 

Topographical  survey  commission,  appropriation  for 35 

may  examine  and  inspect  tlie  boundary  lines  of  the  Commonwealth,  etc.  231 
to  complete  the  survey  of  and  mark  the  boundary  line  between  New 

Yorl\  and  Massachusetts      .         . 757 

to  complete  the  survey  of  and  mark  the  boundarj^  line  between  Massa- 
chusetts and  Rhode  Island 757 

Town  clerks,  number  of  ballots  to  be  provided  by,  at  town  elections        .         .  108 

relative  to  the  olllcial  seals  of 332 

duties  of,  relative  to  elections 541-663 

Town  election,  etc.,  terms  defined 543 

Town  elections,  number  of  ballots  to  be  provided  for  use  in     .        .         .        .  108 

Town  meetings,  provisions  of  law  applicable  to 642 

Town  ofllcer,  term  defined 543 

Town  ofiicers,  time  of  opening  meetings  for  the  election  of       .        .         .        .  57 

election  of 643 

Town  oflTices,  proceedings  in  cases  of  vacancies  in 650 

Towns  : 

Adams,  land  to  be  taken  in,  for  the  Greylock  State  Reservation     .        .  529 
Agawam,  apportionment  of  cost  of  maintaining  a  bridge  over  the  Con- 
necticut river,  between  Springfield  and 329 

Amesburj',  relative  to  a  certain  bridge  over  the  Merrimac  river,  between 

Newburyport  and 298 

Andover,  the  Indian  Ridge  Association  in,  incorporated  ....  61 
Ashby,  the  Fitchburg  and  Ashby  Street  Railway  Company  may  con- 
struct its  railway  through 300 

Becket,  proceedings  confirmed 214 

Bolchertown,  to  confirm  the  proceedings  of  the  assessors  of  .        .         .  74 
Bellingham,  the  Milford,  Woonsocket  and  Attleborough  Street  Railway 

Company  may  construct  its  railway  through 269 

Berklejs  the  proprietors  of  the  Fox  Cemetery  in,  may  hold  and  convey 

certain  lands 473 

Bourne,  the  Plymouth  and  Sandwicli  Street  Railway  Company  may  con- 
struct and  operate  its  road  in 255 

to  provide  for  expense  of  establishing  the  boundary  line  between 

"Wareham  and 786 

Boxford,  exempt  from  maintaining  a  high  school,  etc 528 

Boylston,  certain  persons  may  be  reimbursed  for  damages  incurred  under 

the  metropolitan  water  supply  act 666 

Braintree,  the  Braintree  First  Parish  Cemetery  Association  incorporated 

in 145 

Brookline,  relative  to  the  tree  planting  committee  of      ....  71 

may  appropriate  money  for  a  building  for  court  and  police  purposes  .  132 

Canton,  Knollwood  Cemetery  incorporated  in 139 

Cheshire,  land  to  be  taken  in,  for  the  Greylock  State  Reservation  .         .  629 

Chilmark,  relative  to  the  boundary  line  between  Gay  Head  and      .        .  303 
Clinton,  tlie  metropolitan  water  board  may  take  land  in,  for  the  disposal 

of  sewage 672 


HOG  Index. 


PAGE 

Towns  —  Continued. 

Conway,  may  refund  a  portion  of  its  debt 313 

Daltou,  the  town  of  Windsor  may  appropriate  money  to  construct  a 

telephone  line  to 473 

Danvers,  relative  to  a  loan  of,  for  electric  purposes        .        .        .        .  81 

may  appropriate  money  to  pay  certain  militia  expenses        .        .        .  666 
Dighton,  the  Providence  and  Taunton  Street  Kailway  Company  may 

locate  its  tracks  in 208 

Edgartown,  relative  to  the  powers  of  the  Caleb's  Pond  Company  in       .  116 

the  Caleb's  Pond  Company  incorporated  in 727 

Fairhaven,  relocating  and  widening  a  bridge  over  the  Acushnet  river, 

between  New  Bedford  and 330 

Falmouth,  water  supply  for 39 

the  Falmouth  Harbor  Company,  incorporated  in 257 

Foxborough,  sewerage  system  for 292 

Franklin,  The  Franklin  Cemetery  Association  incorporated  in        .        .  143 

the  Milford,  Woonsocket  and  Attleborough  Street  Kailway  Company 

may  construct  its  railway  through 269 

Gay  Head,  relative  to  the  boundary  line  between  Chilraark  and      .        .  303 

Greenfield,  Fire  District  Number  One  of,  may  extend  its  limits      .         .  199 

Hudson,  may  furnish  gas,  etc.,  to  the  town  of  Stow        ....  92 

enlarging  water  supply  of 155 

Hull,  purchase  of  certain  tracts  of  land  in,  by  the  United  States,  approved  475 

Huntington,  a  fire  district  established  in 277 

water  supply  for 285 

Hyde  Park,  boundary  line  between  Boston  and 185 

may  borrow  money  for  sewerage  purposes 360 

Ipswich,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway  Com- 
pany may  construct  its  railway  through 268 

Lancaster,  tlie  metropolitan  water  board  may  take  land  in,  etc.      .        .  672 

Lexington,  to  confirm  certain  proceedings  of 347 

Lincoln,  may  release  certain  lands,  etc 252 

Longmeadow,  the  Springfield  Gas  Light  Company  may  furnish  gas  to, 

etc 67 

Manchester,  relative  to  state  highways  in 800 

Mansfield,  the  Mansfield  Water  Supply  District  may  furnish  electricity  to  156 

Marblehead,  highway  between  the  city  of  Salem  and,  to  be  widened,  etc.  667 

certain  real  estate  In  said  town  may  be  conveyed  to     .        .        .        .  357 

Marshfield,  improvement  of  Green  Harbor  in 419 

Medv^^ay,  the  Milford,  Woonsocket  and  Attleborough  Street  Railway 

Company  may  construct  its  railway  through 269 

Melrose,  relative  to  sewer  assessments  in 396 

Milford,  the  Milford,  Woonsocket  and  Attleborough  Street  Railway 

Company  may  construct  its  railway  through 269 

Milton,  the  Swift  Charity  incorporated  in         .        .        .        .        .        .  398 

Nantucket,  may  appropriate  money  for  pul)lic  purposes  .        .        .        .315 

in  favor  of 761 


Index.  1107 

FAQE 

Towns  —  Continued. 

Natick,  the  North  Cemetery  Association  incorporated  in         .        .        .  363 

Needliara,  water  supply  for 372 

New  Ashford,  land  to  be  taken  in,  for  the  Greylock  State  Eeservation  .  529 
Newbury,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway  Com- 
pany may  construct  its  railway  through 268 

Northfleld,  relative  to  the  construction  of  a  bridge  across  the  Connecti- 
cut river  at 80,  730 

water  supply  for 323 

Norwood,  relative  to  the  debt  of,  for  park  purposes        ....  83 

relative  to  the  stations  of  the  New  England  Railroad  Company  in       .  445 

Plaiufleld,  in  favor  of 794 

PljTuouth,  the  Plymouth  and  Sandwich  Street  Railway  Company  may 

construct  and  operate  its  road  in 255 

Randolph,  the  Oakland  Cemetery  Association  incorporated  in         .        .  157 
Reading,  included  within  the  jurisdiction  of  the  fourth  district  court  of 

eastern  Middlesex 185 

Rehoboth,  the  Providence  and  Taunton  Street  Railway  Company  may 

locate  its  tracks  in 208 

Revere,  election  of  selectmen  in 199 

Rochester,  the  North  Rochester  Cemetery  Association  In,  incorporated  124 

Rockport,  relative  to  state  highways  in 800 

Rowley,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway  Com- 
pany may  construct  its  railway  through 268 

Rutland,  may  borrow  money  for  school  purposes 483 

Salisbury,  relative  to  a  certain  bridge  over  the  Merrimac  river,  between 

Newburyport  and 298 

Sandwich,  the  Plymouth  and  Sandwich  Street  Railway  Company  may 

construct  and  operate  its  road  in 255 

Seekonk,  the  Providence  and  Taunton  Street  Railway  Company  may 

locate  its  tracks  in 208 

Sharon,  additional  water  loan  for 59 

Knollwood  Cemetery  incorporated  in 139 

Shrewsbury,  proceedings  of  town  meeting  legalized        ....  306 

South  Iladley,  Fire  District  Number  One  of,  may  issue  bonds,  etc.         .  31 

may  refund  a  portion  of  its  debt 82 

Stoneham,  may  take  land  for  a  public  park 162 

Stow,  gas,  etc.,  may  be  furnished  to,  by  the  town  of  Hudson         .        .  92 
Swampscott,   may  purchase  the  property  of  the  Marblehead  Water 

Company 219 

Templeton,  granting  certain  powers  to  precincts  three  and  four  in        .  135 

a  public  lighting  plant  may  be  established  in 200 

Uxhridge,  time  for  accepting  water  act  extended 210 

Wareham,  the  Onset  Water  Company  may  lay  and  maintain  pipes  in      .  177 
to  provide   for  expense  of  establishing  the  boundary  line  between 

Bourne  and 786 

Washington,  sale  of  certain  real  estate  in 472 


1108  Index. 

PAGE 

Towns  —  Concluded. 

Watertown,  boundary  line  between  Cambridge  and,  established     .        .  98 

may  borrow  money  for  school  purposes 345 

Webster,  system  of  sewage  disposal  for 289 

"West  Newbury,  may  appropriate  money  for  constructing  a  wharf.        .  232 

West  Springfield,  may  refund  portion  of  its  debt 122 

water  supply  for 439 

Westborough,  the  Pine  Grove  Cemetery  Association  of,  incorporated  .  158 
Westfleld,  the  Trustees  of  Westfleld  Academy  may  convey  a  certain 

tract  of  land  in,  to  the  Westfleld  Athenaeum 399 

water  supply  for 439 

Williamstown,  land  to  be  talien  in,  for  the  Greylock  State  Reserva- 
tion        629 

Windsor,  may  appropriate  money  to  construct  a  telephone  line   to 

Dalton 473 

Wintlirop,  water  supply  for 224 

Wrentham,  the  Milford,  Woonsocket  and  Attleborough  Street  Railway 

Company  may  construct  its  railway  through 269 

Towns,  relative  to  the  use  of  public  baths,  wash  houses,  etc.,  in      ...  82 

may  adopt  by-laws  relating  to  the  removal  of  snow  from  sidewalks       .  125 

support  of  poor  in 339 

reimbursement  to,  for  transporting  certain  pupils  to  and  from  the  pub- 
lic schools 800 

certain,  reimbursement  of,  for  maintenance  of  insane      ....  130 

small,  employment  of  superintendents  of  schools  in        ....  412 

Towns,  cities  and.  Are  engines,  etc.,  to  have  right  of  way  through  streets  of  .  108 

may  construct  bicycle  paths 299 

to  pay  interest  on  sums  due  on  account  of  liquor  licenses        .        .         .  305 

support  of  state  poor  by 333 

relative  to  the  water  supply  of  certain,  from  the  metropolitan  water 

works 333 

the  supreme  judicial  and  superior  courts  to  hear  and  determine  the  ques- 
tion of  raising  money  by,  for  certain  purposes 445 

may  make  temporary  loans 486 

to  legalize  appropriations  made  for  the  benefit  of  soldiers  and  sailors 

in 487,  728 

Trading  stamps,  coupons,  etc.,  relative  to 732 

Transfer,  of  real  estate,  to  provide  for  registering  and  confirming  titles  iu 

cases  of 682 

Trans-Mississippi  Exposition,  relative  to 798 

Treasurer  and  receiver  general,  appropriation  for  salaries  and  expenses  in  the 

department  of 53 

may  issue  bonds  to  provide  for  additional  furniture  for  the  state  house  .  216 

to  examine  voting  and  counting  machines 315,  628 

may  borrow  money  in  anticipation  of  revenue 754 

Tree  planting  committee,  of  the  town  of  Brookline,  relative  to         ...  71 

Trial  justices,  expenses  of,  for  office  rent,  to  be  paid  by  the  county         .        .  669 


Index.  1109 

FAQB 

Truancy,  school  attendance  and,  relative  to 451,753 

Truant  schools,  temporary  release  of  children  from 260 

Trust  estates,  relative  to  the  distribution  of 38 

Trustees,  of  the  Ayer  Home,  incorporated 202 

of  Marblehead  Academy,  The,  relative  to 357 

of  the  Medtield  insane  asylum,  may  abandon  and  sell  certain  lands         .  482 

of  Phillips  Academy,  to  extend  the  powers  of 33 

of  the  Soldiers'  Home,  in  favor  of 786 

of  the  Washington  Street  Methodist  Episcopal  Church  of  Brookline, 
name  changed  to  The  Trustees  of  Saint  Mark's  Methodist  Episcopal 

Church  of  Brookline 75 

of  Westtield  Academy,  may  convey  a  certain  tract  of  land  to  the  West- 

fleld  AthenjBum 399 

Trustees,  relative  to 406 

Two  leading  political  parties,  term  defined 543 


u. 

Uniformity,  in  assessment  of  taxes,  to  provide  for 

Union  passenger  station,  the  southern,  relative  to 

United  States,  array  and  navy  of,  relative  to  enlistments  in       .         .        . 

approving  purchase  of  certain  tracts  of  laud  in  the  town  of  Hull  by 
Universalist  Church,  Young  People's  Christian  Union  of,  incorporated    . 
Uxbridge,  town  of,  time  for  accepting  water  act  extended 


472 
182 
398 
475 
104 
210 


Y. 

Vacancies,  in  state  offices,  etc.,  proceedings  in  cases  of 629 

in  town  ollices,  etc.,  proceedings  in  cases  of 650 

Valuation,  taxable,  of  vessels  engaged  in  the  foreign  carrying  trade,  provisions 

of  law  relating  to,  extended 301 

Vaughn,  Charles  J.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the  widow 

of 74 

Vermont,  payment  of  expenses  of  the  establishment  of  the  boundary  line  be- 
tween Massachusetts  and 795 

Vessels  engaged  in  the  foreign  carrying  trade,  provisions  of  law  relating  to 

taxable  valuation  of,  extended 301 

Vineyard  Sound,  the  waters  of  Falmouth  harbor  to  be  connected  with     .         .  257 

channel  may  be  cut  from  Osterville  bay  to 392 

channel  may  be  cut  from  Lake  Anthony  to 393 

Voters,  relative  to  the  registration  of 365 

qualification  of 546 

information  to 605 

registrars  of 550 

registration  of 553 

in  the  city  of  Boston,  relative  to  registration  of 343 


1110  Index. 

PAGE 

Votes,  cast  at  elections,  relative  to  counting,  etc 615,625 

canvass  and  count  of,  purchase  of  apparatus  to  be  used  in  the        .        .      792 

Voting,  in  caucuses,  relative  to 389 

at  elections,  manner  of 612 

Voting  and  counting  machines,  examination  of 315,  628 

Voting  lists,  relative  to 560 

Voting  places  at  elections,  designation  of 599 

Voting  precincts 592 


w. 

Wages,  weekly  payment  of,  extending  the  operation  of  law  relative  to    .        .  438 

of  women  and  minors,  to  prohibit  deductions  from          ....  471 

Walter  Balier  and  Company,  Limited,  incorporated 70 

War  records,  in  the  office  of  the  adjutant  general,  relative  to  completing  in- 
dex of 758 

preservation  of 759,  803 

War  veterans,  on  police  force  of  Boston,  pensioning  of 113 

Warden,  of  the  state  prison,  duties  of,  relative  to  the  infliction  of  the  death 

penalty 265 

Wareham,  town  of,  the  Onset  Water  Company  may  lay  and  maintain  pipes  in  177 
to  provide  for  expense  of  establishing  the  boundary  line  between  Bourne 

and 786 

Warehouse  Company,  National  Doclc  and,  may  hold  additional  estate      .        .  47 

Washington,  town  of,  sale  of  certain  real  estate  in    .....        .  472 

Washington  Street  Methodist  Episcopal  Church  of  Brookline,  The  Trustees 
of,  name  changed  to  The  Trustees  of  St.  Mark's  Methodist  Episco- 
pal Church  of  Brookline     • 75 

Waste  and  unused  lands,  reclaiming  and  improving,  by  the  labor  of  prisoners  335 

Water,  relative  to  furnishing,  in  certain  cases Ill 

Water  board,  the  metropolitan,  may  make  certain  agreements  ....  110 

may  convey,  etc.,  lauds  and  easements 410 

may  take  lands  in  the  towns  of  Clinton  and  Lancaster,  etc.     .         .        .  672 

Water  Board,  the  Somerville  Mystic,  name  changed 23 

Water  Commissioners  of  the  City  of  Somerville,  name  established  ...  23 
Water  company: 

Cheshire,  may  increase  its  water  supply 314 

Falmouth,  incorporated 39 

Marblehead,  purchase  and  sale  of 219 

Northfleld,  incorporated 323 

Onset,  powers  extended 177 

Revere,  tlie  town  of  Winthrop  may  purchase 228 

Water  loan  : 

Falmouth 44 

Huntington  Fire  District 287 

Needham 372 

Newton 33 


Index.  1111 


PAOE 

Watrr  loan  —  Concluded. 

Northfleld 327 

Sliaron 59 

Wintlirop 22G 

Watek  supply: 

Everett 450 

Falmontli 39 

Iliulson 155 

Huntington 285 

Maiden 450 

Metropolitan 373 

Necdham 372 

Northfleld 323 

Uxbridije 210 

West  Springfield 439 

Westfleld 439 

Winthrop 224 

Water  supply,  of  certain  cities  and  towns  from  the  metropolitan  water  worlds, 

relative  to 333 

Water  supply,  the  metropolitan,  certain  persons  in  Boylston  may  be  reim- 
bursed for  damages  caused  in  the  construction  of    .        .        .        .  (Ififi 
Water  Supply  District,  the  Mansfield,  may  furnish  electricity  for  light  and 

power 15G 

Watertown,  tovm  of,  boundary  line  between  Cambridge  and,  established         .  98 

may  borrow  money  for  school  purposes 345 

Webster,  town  of,  may  construct  a  system  of  sewage  disposal  for  .        .        .  289 

Weekly  payment  of  wages,  extending  the  operation  of  law  relative  to      .        .  438 
West  End  Street  Railway  Company,  provision  affecting    ....        737-750 

West  Newbury,  may  appropriate  money  for  constructing  a  wharf    .        .         .  232 

West  Springfield,  town  of,  may  refund  portion  of  its  debt        ....  122 

water  suppJy  for 439 

Westborough,  town  of,  the  Pine  Grove  Cemetery  Association  of,  incorporated  158 

Westborough  insane  hospital,  purchase  of  land  at 782,  797 

furnishing  the  new  building  at 793 

Western  Hampshire  Street  Railway  Company,  time  for  organization  of,  ex- 
tended            94 

Western  Norfolk,  to  establish  the  district  court  of 466 

Westfield,  town  of,  water  supply  for 439 

Westfleld  Academy,  Trustees  of,  may  convey  a  certain  tract  of  land  to  the 

Westfield  Athenaeum ' 399 

Westfleld  Athenaeum,  a  certain  tract  of  land  may  be  conveyed  to,  by  the  Trus- 
tees of  the  Westfield  Academy 399 

Wheelwright  Scientific  School,  may  hold  additional  estate         ....  61 
Widows,  of  soldiers  and  sailors,  exemption  of  property  of,  from  taxation       .  311 
Williams,  George  Edgar,  justice  of  the  peace,  acts  legalized      ....  759 
Williamstown,  town  of,  land  may  be  taken  in,  for  the  Grcylock  State  Reser- 
vation    629 


1112  Index. 

PAGE 

"Wills,  probate  of,  etc.,  relative  to 47 

Windsor,  town  of,  may  appropriate  money  to  construct  a  telephone  line  to 

Dalton 473 

Winthrop,  town  of,  water  supply  for 224 

"Wires,  in  the  city  of  Boston,  inspection  of 196 

Wires  and  electrical  appliances,  in  the  city  of  Boston,  relative  to  removing  or 

placing  underground 183 

Witnesses,  at  special  tribunals,  giving  of  testimony  by     .....  314 

Woburn,  city  of,  may  borrow  money  for  constructing  a  high  school  building  194 

Woman's  Charity  Clul),  in  favor  of 803 

Women,  appointed  special  commissioners,  enlarging  the  powers  of          .        .  123 

fixing  the  term  of  office  of 730 

married,  doing  business  on  their  separate  account,  relative  to        .        .  358 

Women  Clerks'  Benefit  Association  of  Boston,  incorporated     ....  123 

Women  and  minors,  to  prohibit  deductions  from  wages  of        ...        .  471 

Worcester,  city  of,  grade  crossings  in 95 

Worcester  county,  clerical  assistance  in  office  of  register  of      ....  76 

may  make  temporary  loans  for  erecting  court  house        ....  407 

tax  granted  for 775 

Worcester  Hibernian  Building  Association,  incorporated  ....       100,  480 

Worcester  lunatic  hospital,  appropriation  for  new  buildings  at         .        .        .  9 

improvements  at 797 

Worcester  and  Marlborough  Street  Railway  Company,  may  act  as  a  common 

carrier,  etc. 274 

Worcester  Polytechnic  Institute,  appropriation  for 10 

awarding  of  State  scholarships  to 446 

Woronoco  Street  Railway  Company,  may  act  as  a  common  carrier,  etc.  .        .  230 

Wrecks,  removal  of,  from  tide  waters,  appropriation  for 16 

Wrentham,  town  of,  the  Milford,  Woonsocket  and  Attleborough  Street  Rail- 
way Company  may  construct  its  railway  through      ....  269 

Y. 

Young  People's  Christian  Union  of  the  Universalis t  Church,  incorporated       .  104