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

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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