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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 djourt uf ptassarhtiscttjj, 



IN THE YEAR 

1899, 

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. 

1899. 



A CONSTITUTION 



FORM OF GOVERNMENT 



CommontDeall^ oi glassatbusetls. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secm'e the existence of the body ?°^^"""'^°'- 
politic, to protect it, and to fm'nish 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 uJlatu^e. 
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 j^eople, 
therefore, in framing a constitution of government, to 
provide for an equitable mode of making laws, as well as 
for an impartial interpretation and a faithful execution 
of them ; that every man may, at all times, find his secu- 
rity in them. 

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



CONSTITUTION OF THE 

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



PART THE FIRST. 

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

Equality and ARTICLE I. All men are born free and equal, and have 

aumen."^^ *° 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. 
R'ght^ftnd^duty n. It is the right as well as the duty of all men in 
gious worship, society, publicly, and at stated seasons, to worship the 
therein. "^ SuPREME Being, the great Creator and Preserver of the 
i2AiieD!°i29. 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. 
Ame^ment, HI. ||As thc happiucss of a pcoplc, and the good order 

tuted for thiB. and preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
Legislature em. instructions ill ])iety, relififion, and morality : Therefore, 

powered to com- .^i 

pel provision for to proiuotc their happmess, and to secure the good order 
public worship, ^^^j preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 
the support and maintenance of public Protestant teachers 



COMMONWEALTH OF MASSACHUSETTS. 5 

of piety, religion, and morality, in all cases where such 
2:)rovision shall not be made voluntarily. 

And the people of this commonwealth have also a right atrendinM^**^" 
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- giou'rteTchers" 
ties, shall, at all times, have the exclusive right of electing ^^'^'^''^'^• 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of whomVa^rocUai 
public worship, and of the public teachers aforesaid, shall, *^^^*™?y •'t. 
if he require it, be uniformly applied to the support of the 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Christians, demeaning them- 411 denomina- 
selves peaceably, and as good subjects of the commonwealth, protected* ^ 
shall be equally under the protection of the law : and no Bubordlnation 
subordination of any one sect or denomination to another anoth^er^'^ro'* 
shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of seif- 
and exclusive right of governing themselves, as a free, feJur'Td?^'^' 
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 ^/fn"o°fficer^^ 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. No man, nor corporation, or association of men, services ren- 
have any other title to obtain advantages, or particular puifiic bein| the 
and exclusive privileges, distinct from those of the com- peiuUaiVrivi. 
niunity, than what arises from the consideration of ser- tafy^o^ce's'^are 
vices rendered to the public: and this title being in absurd and 

... , , ^ . • •! 1 J I -I 1 unnatural. 

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



CONSTITUTIOX OF THE 



Objects of gov. 
emment; 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- 
tlon 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. S26. 
1 Pick. 418. 
T Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 AlU-n, 150. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 

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



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

VII. Government is instituted for the common good ; 
for the protection, safety, prosperity, and ha})piness of the 
people ; and not for the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone have an incontestible, unalienable, and inde- 
feasible right to institute government ; and to reform, 
alter, or totally change the same, when their protection, 
safety, prosperity, and happiness require it. 

VIII. In order to prevent those who are vested with 
authority from becoming oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish by their frame of government, to cause their 
public oflBcers to return to private life ; and to fill up 
vacant places by certain and regular elections and appoint- 
ments. 

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect oflicers, and to be elected, for public 
employments . 122 Mass. 595, soa. 

X. Each individual of the society has a right to be 
protected by it in the enjoyment of his life, liberty, and 
property, according to standing laws. He is obliged, con- 
sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessaiy : but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
l)ody have given their consent. And whenever the pub- 
lic exitrencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 



1 Allen, 150. 

11 Allen, 53U. 

12 Allen, 223, 230. 
loo Muss. 544, 510. 



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



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

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

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



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



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



COMMONWEALTH OF MASSACHUSETTS. 

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

XII. No subject shall be held to answer for any crimes Prosecntiona 
or oflence, until the same is fully and plainly, substantially, s^prcklm. 
and formally, described to him ; or be compelled to accuse, Is pick.' 434. 
or furnish evidence against himself. And every subject f^lf-^29^- 
shall have a right to produce all proofs that may be i2Cu8h.246. 

• • 1 Grav 1 

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^G^ayfn: 
or his counsel, at his election. And no subject shall be "i^ielf/se^' 
arrested, imprisoned, despoiled, or deprived of his prop- l]/^^-}f.°\fj' 

. ,, ''i J n 1 . 240, Zd4, 4o9, 

eixy, immunities, or privileges, put out 01 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. 237, 



the land. 








295. 

103 Mass. 418, 


107 Mass. 172, 180. 


118 Mass. 443, 451. 


122 Mass. 332, 


127 Mass. 550, 554. 




108 Mass. 6, 6. 


120 Mass. 118, 120. 


124 Mass. 464. 


129 Mass. 559. 





And the legislature shall not make any law that shall ?>g^' to trial by 

,. ^ ., •/• •! i jury in criminal 

subject any person to a capital or intamous punishment, cases, except, 
excepting for the government of the army and navy, with- 8 Gray, 329, 373, 
out trial by jury. ^'' ^^''- *^^- 

XIII. In criminal prosecutions, the verification of facts. Crimes to be 
in the vicinity where they happen, is one of the great- ?ic°inity!° 

est securities of the life, liberty, and property of the m^Mass? ei, 62. 
citizen. 

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

1,1 1. />!• t • and seizure 

unreasonable searches, and seizures, ot 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- IcusVleg. 
tion of them be not previously supported by oath or afEr- \^q^I' \^^ 
mation, and if the order in the warrant to a civil officer, to 10 Aiien, 403. 
make search in suspected places, or to arrest one or more 139. "**' ' 
suspected persons, or to seize their property, be not accom- 273.^*^^* '^' 
paniedwith a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

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

11 •, v i . ^ "^ '■. . '' . jury sacred, ex- 

ali suits between two or more persons, except in cases in cept, etc. 
which it has heretofore been otherways used and practised, imend^^t vif.' 
the parties have a right to atrial by jury ; and this method 7 pick.' leg." 
of procedure shall be held sacred, unless, in causes arising ^9J''y'lii- 

*ii 1 . , 1 1 1 J . . , ^ 8 Gray, 373. 

on the high seas, and such as relate to mariners wages, 11 Alien, 574, 
the legislature shall hereafter find it necessary to alter it. io2Ma88.45, 

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



CONSTITUTION OF THE 



Liberty of the 
press. 



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



Moral qualitica- 
iions for office. 



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



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



Power to sus- 
pend the laws or 
their execution. 



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



Frequent sea- 
sions, and ob- 
jects thereof. 



Taxation found 
ed on consent. 
8 Allen, 247. 



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

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without the consent of the legislature ; and 
the military power shall always be hold in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of 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 of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before Kxpost/ncto 
the existence of such laws, and which have not been de- i2^AnJn!*42i?^' 
clared crimes by preceding laws, are unjust, oppressive, 424,428,434, 
and inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in any case, or in any time. Legislature not 
to be declared guilty of treason or felony by the legisla- IreaBonl'e'tc! 
ture. 

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

, ., ^ . . • n • n- fines, and cruel 

excessive bail or sureties, impose excessive hnes, or innict punishments, 

, , . 1 , prohibited. 

cruel or unusual punishments. 5 Gray, 452. 

XXVII. In time of peace, no soldier ought to be quar- no soidier to be 
tered in any house without the consent of the owner ; and house7unil°eT^ 
in time of war, such quarters ought not to be made but ^'°* 

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

XXVni. 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?unte8™"etc. 
except those employed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights judgesof su- 
of every individual, his life, liberty, property, and charac- cou™? ^"'^'"^^ 
ter, that there be an impartial interpretation of the laws, I'^r^^^l]^. 
and administration of iustice. It is the right of every :i -^^jjen. 59i- 

• TT.T /• • •! I'l 7 Allen, 385. 

Citizen to be tried b}'' judges as tree, impartial, and inde- 105 Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore. Tenure "of their 
not only the best policy, but for the security of the rights °®'^''* 
of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing salaries. 
laws. 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive cfatandVg^l'' 
and judicial powers, or either of them : the executive shall J^gntl''''^''"' 
never exercise the legislative and judicial powers, or either 2 cush^. 5j7^. 
of them: the judicial shall never exercise the legislative i 'Aiien.'247,'25s. 
and executive powers, or either of them : to the end it 2S6. 

may be a government of laws and not of men. lu Mass. 247, 

116 Mass. 317. 
129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PAET THE SECOND, 
The Frame of Government. 

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



Legislative 
department. 



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



Govemor'sveto. 
99 Mass. 636. 



Bill may be 
passed by two- 
thirds of each 
house, notwith- 
Btanding. 



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 
whichsoever the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the ol^jections, be sent to the other 
branch of the legislature, Avhere it shall also be reconsid- 
ered, and if approved l)y 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 be determined by yeas and 
nays ; and the names of the persons voting for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealth. For exception 

. , . 1 J ■ 11 ./. 1 .,, in case of ad- 

And in order to prevent unnecessary delays, it any bill joummentof 
or resolve shall not be returned by the governor within courTwuhin 
live days after it shall have been presented, the same shall eeefmend.^*' 
have the force of a law. Sss'.ter: ^' 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and ".dlcatoAes!"* 
courts of record, or other courts, to be held in the name courts of record, 
of the commonwealth, for the hearing, trying, and deter- 1^q^I'\^j 
mining of all manner of crimes, offences, pleas, processes, is*, 
plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the commonwealth, or between 
or concerning persons inhabiting, gr residing, or brought 
within the same : whether the same be criminal or civil, 
or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixed ; and 
for the awarding and making out of execution thereupon. 
To which courts and iudicatories are hereby given and Courts etc., 

^, ii'/. .~. mav adtninister 

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 ftt^^^^^ ^^^' 
time to make, ordain, and establish, all manner of whole- 4 Aifen'/irs. 
some and reasonable orders, laws, statutes, and ordinances, ^^ Alien, 223, 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out ; so as the same be not repugnant or contrary to this iie'Mass. 467, 
constitution, as they shall judge to be for the good and 

welfare of this commonwealth, and for the government iawsTctc.?not 
and ordering thereof, and of the subjects of the same, and [^^"^"gj'ity^j 
for the necessary support and defence of the government e Alien, sss. 
thereof; and to name and settle annually, or provide by ^ may provide 

for the election 

fixed laws for the naming and settling, all civil officers or appointment 
within the said commonwealth, the election and consti- ii5°Ma8r602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th^r^ut^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 as the same be not repugnant or contrary to 



12 



CONSTITUTION OF THE 



may Impose 
laxea, etc. 
12 Maes. 252. 

5 Allen, 428. 

6 Allen, 558. 

8 Allen, 247,253. 

10 Allen, 235. 

11 Allen, 268. 
12Allen,77, 223, 
235, 23S, 240, 298, 
300, 312, 313, 500, 
612. 

98 MasB, 19. 

100 Mass. 285. 

101 Mass. 675, 
685. 

103 Mass. 267. 

114 Mass. 388, 

391. 

lie Mass. 461. 

118 Mass. 386, 

889. 

123 Mass. 493, 

495. 

127 Mass. 413. 



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



this constitution ; and to impose and levy proportional 
and reasonable assessments, rates, and taxes, upon all the 
inhabitants of, and persons resident, and estates lying, 
within the said commonwealth ; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
the same ; to be issued and disposed of by warrant, under 
the hand of the governor of this commonwealth for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
port of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
accordinof to such acts as are or shall be in force within 
the same. 

And while the public charges of government, or any 
part thereof, shall be assessed on polls and estates, in the 
manner that has hitherto been practised, in order that 
such assessments may be made with equality, there shall 
be a valuation of estates within the commonwealth, taken 
anew once in every ten years at least, and as much oftener 
as the general court shall order. 

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



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



For provision as 
to councillors, 
see amend- 
ments, Art. 
XVI. 



CHAPTER I. 
Section" II. 

Senate. 

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



COMMONWEALTH OF MASSACHUSETTS. 13 

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

And the several counties in this commonwealth shall, counties to be 
until the general court shall determine it necessary to etc ' ' 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Suffolk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

H. The senate shall be the first branch of the legisla- Manner and 
ture ; and the senators shall be chosen in the following man- BeMto^s anT°^ 
ner, viz. : there shall be a meeting on the [first Monday in amendm°ems^^^ 
April,] annually, forever, of the inhabitants of each town dv^' a''"''' 
in the several counties of this commonwealth ; to be called tocities.see 

1.11. 1 j'l j?i J anaendments, 

by the selectmen, and warned in due course ot law, at Art. ii. 
least seven days before the [first Monday in April,] for dilations of 
the purpose of electing persons to be senators and coun- gededb^amend 
cillors ; [and at such meetings every male inhal^itant of pjents. Arts. 
twenty-one years of age and upwards, having a freehold xxviilIxxx., 
estate within the commonwealth, of the annual income of xxxiif" 
three pounds, or any estate of the value of sixty pounds, tTnT" d Jtined!' 
shall have a riijht to give in his vote for the senators for See aiso amend- 

^ , " , , ments, Art. 

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

• IT,. . ,, . i» jt 1 •!,•, was annulled by 

all doubts concerning the meaning ot the word " inhabit- Art. xxvi. 
ant" in this constitution, every person shall be considered 122^^8.^595, 
as an inliabitant, 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 h*ath 
his home. 

The selectmen of the several towMis shall preside at selectmen to 

, . . .„ iin •! 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, Return of votes. 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by As to cities, see 
the selectmen and the town clerk, and shall be sealed up, A™t*.°ii?'^" *' 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



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



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



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



Governor and 
eoancil to ex- 
amine and count 
votes, and issue 
Bummonses. 
Time changed 
to first Wednes- 
day iu January 
bv amendments, 
A:rt. X 
Majority 
changed to 
plurality by 
amendments, 
Art. XIV. 



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



of the contents thereof, and delivered by the town clerk 
of such towns, to the sheriff of the county in which such 
town lies, thirty days at least before [the last Wednesday 
in May] annually ; or it shall be delivered into the secre- 
tary's office seventeen days at least before the said [last 
Wednesday in May :] and the sheriff 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 ill April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elect- 
ors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingly. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution ; and shall, Ton the said ?''!?^ '^iT^^'* 

V,,ri 1 .-nT-1 11 ii • 111 to first Wtdnes- 

hist Wednesday m May] annually, determine and declare day of January 
who are elected by each district to be senators [by a A^n.'x" ™*^'*^^' 
majority of votes ; and in case there shall not appear to ^lan^'d to 
be the full number of senators returned elected by a f^endmenL, 
majority of votes for any district, the deficiency shall be An. 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 w^anting, if there be so many voted 
for ; and out of these shall elect by ballot a number of fi^ed"*^'®^' ^°^ 
senators sufficient to fill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in people" ^ 
every district of the commonwealth ; and in like manner m^it^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, f^'ifed!" *^°'' 
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. ' 

1 /.ii,,i 1 n J^ ni For further pro- 

least, or of both to the amount ot the same sum, and J who vision as to 
has not been an inhabitant of this commonwealth for the l^lo amend?^ 
space of five years immediately preceding his election, and, xxn.'^"' 
at the time of his election, he shall be an inhabitant in the 
di.strict for which he shall be chosen. 

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

VII. The senate shall choose its own president, appoint ,tB^offlcer8°and 
its own officers, and determine its own rules of pro- establish us 

,. ' * rules. 

ceedmgs. 

VIII. The senate shall be a court with full authority . shaiuryaii 

. Ill impeachments. 

to hear and determme 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 



Quorum. 
See amend, 
ments, Arts. 
XXII. and 

xxxm. 



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

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



Representation 
of the people. 



Representa. 
lives, by wliom 
chosen. 

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



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
line in case, etc. 



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



Qualifications of 
a representa- 
tive. 



CHAPTER I. 

Section III. 

House of Representatives, 

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

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 17 

least next preceding his election, shall have been aninhab- New provision 
itaut of, and have been seised in his own right of a free- see amend- 
hold of the value of one hundred pounds within the town xxT' ^^^' 
he shall be chosen to represent, or any ratable estate to flcation7BboK^' 
the value of two hundred pounds ; and he shall cease to '^'^''^ by amend. 
represent the said town immediately on his ceasing to be xm. 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of ^"olg^^**"""^"^ 
as:e, and resident in any particular town in this common- Tbesepro. 

c ' _ r T 1 • visiouH super- 

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

freehold estate within the said town of the annual income AnT. m °x'x., 

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 sc^ail^o amend- 

or representatives for the said town.l ^-liVf; ^"^V. u 

-IT rr¥-\i 1 f ^ ^ • "ill XXIII., which 

V. [ihe members or the house ot representatives shall was annulled by 
be chosen annually in the month of May, ten days at least Representai 
before the last Wednesday of that month.] tives.when 

J J chosen. 

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

Art. XV. 

VI. The house of representatives shall be the grand canTmpeach. 
inquest of this commonwealth ; and all impeachments 

made by them shall be heard and tried by the senate. 

VII. All money bills shall originate in the house ot^prZ^' 
representatives ; but the senate may propose or concur 

with amendments, as on other bills. 

VIII. The house of representatives shall have power more*tha1i°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, 

'-. Ill ,. /.I'l- Arts. XXI. and 

representatives shall constitute a quorum lor doing busi- xxxiii. 
ness.] 

X. The house of representatives shall be the judge of Je\utui,%tc., ot 
the returns, elections, and qualifications of its own mem- *i,'errTo™h™o'8e 
bers, as pointed out in the constitution ; shall choose their its otiicers and 
own speaker; appoint their own officers, and settle the mies, e\c. 
rules and orders of proceeding in their own house. They fo;!-''c^''rtain'* 
shall have authority to punish by imprisonment every ^f^^^^^-ooR 
person, not a member, who shall be guilty of disrespect 

to the house, by any disorderly or contemptuous behavior 
in its presence ; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness^ or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

And no member of the house of representatives shall be 
arrested, or held to bail on mesne 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 
araeudments. 
Art. X.. and 
changed again 
by amendments, 
Art. XV. 



CHAPTER II. 

EXECUTIVE POWER. 

Section I. 

Governor. 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 19 

in open town meeting, sort and count the votes, and form 
a list of the persons voted for, with the number of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- As to ciuee. see 
ration thereof in the said meeting; and shall, in the pres- Art. ii. 
ence of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sheriff 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 office, seventeen days at least day of January" 
before the said [last Wednesday in May] ; or the select- ^y[*'^°'*'^«'"'8, 
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 ■^'^^■^}^- 

JiOW Cl10S6I1 

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

IV. The governor shall have authority, from time to Power of gov- 
time, at his discretion, to assemble and call together the 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- generfrcou^^t 
eral court, to adjourn or prorogue the same to any time a^d"on?enf' 
the two houses shall desire ; [and to dissolve the same on the same. 

,1 I Til TT'- 1 1 • n r 1 As to dissolu- 

the day next precedmo; the last W ednesday m May ; and, uon, see amend. 

• J.U c 4.\ •] ij. ^1 r ments, Art. X. 

m the recess oi the said court, to prorogue the same trom 
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- 
meuts, Art. X. 

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



Governor to be 
commander-in- 
chief. 



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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 21 

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

VHI. 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 MaaT323. 
tained therein, descriptive of the offence or offences in- 
tended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the Judicial cm. 
solicitor-general, [all sheriffs,] coroners, [and registers of nom'inated and 
probate,] shall be nominated and appointed by the gov- ro?'^prOTision8 
ernor, by and with the advice and consent of the council ; of atto™ey°" 
and every such nomination shall be made by the governor, general, see 

,'', - , 1*^." amendments, 

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

For provision as to election of sheriffs, registers of probate, etc., see amendments, A rt. 
XIX. For provision as to appointment of notaries public, see amendments, Art. IV. 

X. The captains and subalterns of the militia shall be Mintia officers, 
elected by the written votes of the train-band and alarm umitafi^on of 
list of their respective companies, [of twenty-one years bfYm^Jid^. ""^^ 
of age and upwards ;] the field officers of regiments shall mente.Art.v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- Howcommis. 
missioned by the governor, who shall determine their rank. "°°^ ' 

The legislature shall, by standing laws, direct the time Election of 
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^ow°Iifp^n\ed' 
house of representatives, each having a negative upon the gjone^"*™'^' 
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 vacancie8,how 
or subalterns, shall neglect or refuse to make such elec- etc! ' "*^^''' 



22 



CONSTITUTIOX OF THE 



Officers duly 
cominitfsioiied, 
how removed. 
Superseded by 
amendineuts, 
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 being duly notified, according to the laws for 
the time being, then the governor, with advice of council, 
shall appoint suitable persons to fill such 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 amiy, 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. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 23 

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

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

XHI. As the public good requires that the governor goJ^/r^o/. 
should not be under the undue influence of any of the 
members of the general court by a dependence on them 
^br his support, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- ^*^»»"'«/ °' j"»- 

I' 1 ' • n 1 'I'l tices of supreme 

iished 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 fniufficitit. 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTEE II. 

Section II. 
Lieutenant- Governor. 

Article I. There shall be annually elected a lieuten- Lieutenam- 
ant-governor of the commonwealth of Massachusetts, l^C\^^^^q^l]^<^ 
whose title shall be — His Honor ; and who shall be (^ ">onf • Sf® 

. . . ^ f- , . p -, , amendraents, 

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 How chosen. 
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 
ainendnicDts, 
Art. XIV. 



President of 
couuoil. 
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. 



Council. 
Number of 
councillors 
changed to 
eight. 

See amend- 
mentB, Art. 
XVI. 



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

Superseded by 
amendments, 
Art. XVI. 



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



CHAPTER II. 

Section III. 

Council y and the Manner of settling Elections hy the Legis- 
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- 
ins: and directino; 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 assembled in one room ; 
and in case there shall not be found upon the first choice, 
the "whole number of nine persons "who "will accept a seat 
in the council, the deficiency shall be made up by the 
electors aforesaid from among the people at large ; and 
the number of senators left shall constitute the senate 
for the year. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

HI. The councillors, in the civil arrangements of the Rank of 
commonwealth, shall have rank next after the lieutenant- *=°""'="'o'"''- 
governor. 

IV. [Not more than two councillors shall be chosen no district to 
out of any one district of this commonwealth.] f^o! "°" ^^"'^ 

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 office of the governor and lieuten- council to exer. 
ant-governor shall be vacant, by reason of death, absence, o/governori![ 
or otherwise, then the council, or the major part of them, case, etc. 
shall, during such vacancy, have full power and authority 

to do, and execute, all and every such acts, matters, and 
things, as the governor or the lieutenant-governor might 
or could, by virtue of this constitution, do or execute, if 
they, or either of them, w^ere personally present. 

VII. [And whereas the elections appointed to be made, Eieciious may 
by this constitution, on the last Wednesday in May annu- unt1?,^etc'!"'^'' 
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 guperBe'd'Jd°by 
the order of elections shall be as follows : the vacancies in amendmentB, 

1 -^ 1 11 /^ J 1 /^ii 1 ji Arts. XVI. and 

the senate, it any, shall first be nlled up; the governor xxv. 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 

CHAPTER II. 

Section IV. 

Secretary y Treasurer, Commissary , etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc, 
general, and the commissary-general, notaries public, and] hov^chMem 
naval officers, shall be chosen annually, by joint ballot of fJ^^^jP^^i^n 0^* 
the senators and representatives in one room. And, that ^'rer^'^nd'rV''**' 
the citizens of this commonwealth may be assured, from ceiver.generai, 
time to time, that the moneys remaining in the public attomey-gen- 
treasury, upon the settlement and liquidation of the pub- menu^AT^" 
lie accounts, are their property, no man shall be eligible ^^^^* 



26 



CONSTITUTION OF THE 



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

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



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

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

II. Tlie 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 
oflicers 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 wlien 
required. 
122 Mass. 600. 
126 Mass. 557, 
561. 

Justices of the 
peace; tenure 
of their office. 
3 Cuah. 5S4. 



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 sworn, shall hold their offices 
during good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, aud alimony, and ^^"'^f/^j; ^^y 
all appeals from the judges of probate, shall be heard and mony. ' 
determined by the governor and council, until the legis- vision J'made 
lature shall, by law, make other provision. 10^5 Mass. 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 j^ear 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 >vhereas 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 Fellow^s of powers, privi. 
Harvard College, in their corporate capacity, and Ihc^presid'ent 
their successors in that capacity, their oflicers and ser- confirmed?' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immunities, 
and franchises, which they now have, or are entitled to 



28 



CONSTITUTION OF THE 



AH gifts, grants, 
etc., confirmed. 



Who shall be 
overseers. 

See Statutes, 
1851, 224, 
1852, 27. 
1859, 212. 
1865, 173. 
1880, 65. 



Power of altera- 
tion reserved to 
the legislature. 



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

III. And whereas, 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 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and senate 
of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, "Water- 
town, Charlestown, Boston, 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 ; 
provided, that nothing herein shall be construed to pre- 
vent the legislature of this commonwealth from making 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts Bay. 



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTER V. 

Section H. 

The Encouragement of Literature^ etc. 

Wisdom and knowledo^e, as well as virtue, diffused ffen- t^ , <., . , 
erally among the body oi the people, bemg necessary for tures and magis 
the preservation of their rights and liberties ; and as these future periods. 
depend on spreading the opportunities and advantages of ^sLiTs L^Yo^"^**" 
education in the various parts of the country, and among |"e^amend°°'^' 
the different orders of the people, it shall be the duty of ^^j'j«| ^^'■'• 
legislatures and magistrates, in all future periods of this i2Aiien, 500- 
commonwealth, to cherish the interests of literature and losMass. 94, 97. 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity aiid 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

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

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

" I, A. B., do declare, that I believe the Christian reli- ^J^endmeli'ts^^^ 
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* 
ments, Art. VI. 



Oath of office. 



Proviso. 

Bee amend- 
ments. Art. VI. 



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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his aflSrmation in the foregoing 
form, and subscribe the same, omitting the words, [" I do 
swear,^' " andabjin^e," " oath or," ^^ and abjuration " m the 
first oath, and in the second oath, the words] '■'■swear 
and," and [in each of them] the words *' So help me, 
God;" subjoining instead thereof, " This I do under the 
pains and penalties of perjury ." 

And the said oaths or affirmations shall be taken and P^S'}'*^,?'^ 

aflirmations, 

subscribed by the governor, lieutenant-governor, and coun- how adminia. 

•/ O _ ' O ^ ' tered. 

ciliors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to time shall be prescribed by the legislature. 

II. 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 |e°e'amenS!' *''°' 
by this constitution they are admitted to hold, saving that menu.Aru 
the judges of the said court may hold the offices of justices 
of the peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever. 

Ko person shall be capable of holding or exercising at i^fg^^g^l*^*- 
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 holding the office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- For^^fukher pro. 
general — treasurer or receiver-general — judge of probate ineompaubie 

— commissary-general — [president, professor, or instruct- °^endments 
or of Harvard College] — sheriff — clerk of the house o^ q^' ^^oj Har- 
representatives — register of probate — register of deeds vardCoUege 

— clerk of the supreme judicial court — clerk of the infe- amendmenui, 
rior court of common pleas — or officer of the customs, -^"-^^vu. 
including in this description naval officers — shall at the 



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
diaqualify. 



Value of money 
ascertained. 



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

Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Contlnnation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Maes. 534. 

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



Benefit of 
habeas corpus 
secured, except, 
etc. 



same time have a seat in tlie 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 place so 
vacated shall be filled up. 

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

And no person shall ever be admitted to hold a seat in 
the legislature, or any office of trust or importance under 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or 
corruption in obtaining an election or appointment. 

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

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

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
wealth of Massachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be returna- 
ble, who is not a party, and be signed by the clerk of such 
court. 

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

VII. The privilege and benefit of the writ of habeas 
corpus shall be 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 

Vni. 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 me™t^con°un™d 
form of government, all officers, civil and military, hold- ""'''» ^'''• 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
tbeir 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- 8muTk)l.'^°°" 
tions which by any means may be made therein, as well prJvf^onaf to 
as to form such alterations as from experience shall be b™^"^"^^.'*' 
found necessary, the general court which shall be in the ments, An. ix 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 

towns, and to the assessors of the unincorporated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the purpose of 
collecting their sentiments on the necessity or expediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who stitutiou. 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

The said delegates to be chosen in the same manner 
and proportion as their representatives in the second 
branch of the legislature are by this constitution to be 
chosen.] 



34 



CONSTITUTION OF THE 



Provision for 
preserving and 
publisliing 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. 354. 



Proviso. 

112 Mass. 200. 



Qualifications of 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
Bee amend- 
ments, Arts. 
XXX. and 
XXXII. 
11 Pick 538,540. 
14 l'ick.341. 
14 Mass 367. 
5 Met. 162,298, 
.591, 594. 
7 Gray, 299. 
122Mass.59.5,597. 
124 Mass. 596. 



AETICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, 
and not approved by the governor ; and if the general 
court shall adjourn within five days after the same shall 
have been laid before the governor for his approbation, 
and thereby prevent his returning it with his objections, 
as provided by the constitution, such bill or resolve shall 
not become a law, nor have force as such. 

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal or 
city government, shall be subject, at all times, to be an- 
nulled by the general court. 

Art. III. Every male citizen of twenty-one 3^ears of 
age and upwards, excepting paupers and persons under 
guardianship, who shall have resided within the common- 
wealth one year, and within the town or district in which 
he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, [and who siiall have paid, by 
himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two years next preceding 



COMMONWEALTH OF MASSACHUSETTS. 35 

such election, have been assessed upon him, in any town For educational 
or district of this commonwealth; and also every citizen see amend- ' 
who shall be, by law, exempted from taxation, and who Fo^pro^fsio^ras 
shall be, in all other respects, qualified as above mentioned,] h°aleTe^rved°in 
shall have a risrht to vote in such election of governor, ^^^ army or 

~ ^ O ' navy lu time of 

lieutenant-governor, senators, and representatives ; and no war.see amend- 
other iierson shall be entitled to vote in such elections. xxvi'ii/and 

XXXI. 

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

Art. IV. Notaries public shall be appointed by the Notaries public, 
governor in the same manner as judicial officers are ap- and^reSoved!'^ 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the 
legislature. 

[In case the office of secretary or treasurer of the com- Vacancies in the 
monwealth shall become vacant from any cause, during ta^y a^ndftrea?-" 
the recess of the general court, the governor, with the TMs'^iausf"^'^' 
advice and consent of the council, shall nominate and superseded by 

, ' Mil amendments, 

appoint, under such regulations as may be prescribed by Art. xvu. 
law, a competent and suitable person to such vacant office, 
who shall hold the same until a successor shall be appointed 
by the general court.] 

Whenever the exigencies of the commonwealth shall ge^^l^mljbe 
require the appointment of a commissary-general, he shall appointed, in 

•,•' . ■}■ '^ . f , . . '' ~ -, . , case, etc. 

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

All officers commissioned to command in the militia Miiitia officers, 
may be removed from office in such manner as the legis- °^ removed. 
lature may, by law, prescribe. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of their respective compa- subaUernT.* ^"*^ 
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'aii'officers.^" 
by the constitution, the following oath shall be taken and ^if vi°^Art i 
sul)scribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

"I, A. B., do solemnly swear, that I will bear true 
faith and allegiance to the Commonwealth of Massachu- 
setts, and will support the constitution thereof. So help 
me, God." 

Provided, That when any person shall be of the denomi- Proviso. Qua. 

' •' ^ • • 1 1 kersmayaflarm 

nation called Quakers, and shall decline taking said oath, 



^36 



CONSTITUTION OF THE 



Tests abolished. 



Incompatibility 

of offices. 

122 Mass. 445, 
600. 

123 Mass. 535. 



Amendments to 
constitution, 
how made. 



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

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. 

Art. VIII. No judge of any court of this common- 
wealth, (except the court of sessions,) and no person 
holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor 
the attorney-general, solicitor-general, county attorney, 
clerk of any court, sheriff, treasurer, and receiver-general, 
register of probate, nor register of deeds, shall continue 
to hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust; 
"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. 

Art. IX. If, at any time hereafter, any specific and 
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 sulnnit 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 

lied 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°°"ouS"eTr 
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 aodterminaUon 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general court from assembling at such other times as 
they shall judge necessary, or when called together by the 
oovernor. The governor, lieutenant-o;overnor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meetino^ for the choice of oovernor, lieutenant- ^^^t'^^^f for *ii« 

L ~ .o 1111111 choice of gov. 

governor, senators, and representatives, shall be held on emor. ueuten- 
the second ^Monday of November in every year ; but meet- eu: fwYen to be 
ings may be adjourned, if necessary, for the choice of Thfa clause 
representatives, to the next day, and again to the next ll^^en^ments,"'' 
succeeding day, but no further. But in case a second ^^.xv. 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

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

This article shall go into operation on the first day of f^^^l^ 
October, next following the day when the same shall be tion. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 
January then next following, and until others are chosen 
and qualified in their stead, and no longer ; and the first 



, when to 
opera- 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



Religious 
freedom 
establislied. 
See Dec. of 
Eights, Art. 
UJ. 



122 Mam. 40, 41. 



Oensns of rata, 
ble polls to bo 
taken in 1837, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments. 
Art. XIII., 
■which was also 
enperseded by 
amendments. 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



election of the governor, lieutenant-governor, senators, and 
representatives, to be had in virtue of this article, shall 
be had conformably thereunto, in the month of 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 
rights, the following modification and amendment thereof 
is substituted : — 

*' As the public worship of God and instructions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good citi- 
zens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

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



COMMONWEALTH OF MASSACHUSETTS. 39 

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

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

Any city or town having ratable polls enough to elect f/^'relented."'^ 
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 

1 A. r ••j.z'j.iiii. i. unite into repre- 

may, by consent ot a majority oi the legal voters present eentative dis- 
at a legal meeting, in each of said towns and districts, *"'^'^' 
respectively, called for that purpose, and held previous to 
the first day of July, in the year in which the decennial 
census of polls shall be taken, form themselves into a rep- 
resentative district to continue until the next decennial 
census of polls, for the election of a representative, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which would belong to a town 
containing the same number of ratable polls. 

The governor and council shall ascertain and determine, The governor 
within the months of July and August, in the year of our determlnfthe 
Lord one thousand eight hundred and thirty-seven, accord- re^nult^veall' 
ing to the foregoing principles, the number of representa- ^o^n'^is^entitied. 
tives, which each city, town, and representative district is 
entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and w^here any town has not a suflScient 
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- 

.1 ... , ,1 1 •! J aI ment to be made 

years, thereafter, by the governor and council, and the once in every 
number of ratable polls in each decennial census of polls, ^^n years. 
shall determine the number of representatives, which each 
city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 



IncoDsistcut 
provisions 



40 CONSTITUTION OF THE 

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- 
annuiied. sistcut with the provisions herein contained, are hereby 

wholly annulled.] 
uan\TtobJ°ikM ^^'r- XIII. [A census of the inhabitants of each city 
iu 1840, aud de- and towu, on the first day of May, shall be taken, and 

conniallv there- , %j %> ^ ? 

after, for basis rctumcd luto thc Secretary's oflice, on or before the last 
tion!^'^'^^'^"*''' day of June, of the year one thousand eight hundred and 
fcMus'eupeT. ^° forty, and of every tenth year thereafter; which census 
menfs'^Arts'^"'^' '^^^''^ determine the apportionment of senators and repre- 
XXI. and XXII. seutativcs for the term of ten years. 122 Mass. 595. 

fr!cr8^d"ciared The scvcral senatorial districts now existing shall be 
permanent. permanent. The senate shall consist of forty members : 

Provisions astoi. i«iiii -\ i^ 

senators super- and HI the year one thousand eio'ht hundred and forty, 

seded by amend- , , ,i ^i ^ j i*" i -i 

ments, Art. and cvGiy 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. 

Sntauvis^how The members of the house of representatives shall be 

p?ovi'stoM is to apportioned in the following manner : Every town or city 

representatives containinsj twclvfe liuudred inhabitants may elect one rep- 

amendments, rescntativc ; and two thousand four hundred inhabitants 

^'^'' ^^' shall be the mean increasing number, which shall entitle 

it to an additional representative, 
how'iep^"^' Every town containing less than twelve hundred inhab- 

seuted. itauts sliall be entitled to elect a representative as many 

times within ten j^ears 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. 
u°i7e7n"''repre- -^"J ^^^^ ^^ morc of the scvcral towns may, by consent 
B«nu"vedi8. 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 tenn 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. 

I 1 . 2. !.• 1 ii „ • • sentation, and 

to elect one representative, and the mean mcreasing num- ratio of increase. 
ber which shall entitle a town or city to elect more than 
one, and also the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
seventy thousand inhabitants, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

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

, '' , ' o and council to 

council shall, before the tirst day of September, apportion apportion the 
the number of representatives which each city, town, and resentativer^f 
representative district is entitled to elect, and ascertain fn eve^ten"*^ 
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, the'^peopi'e at'"^ 
or as soon thereafter as may be, by the joint ballot of the provisions as to 
senators and representatives, assembled in one room, who g°"ergededby 
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 Qualifications of 
has not been an inhabitant of this commonwealth for the '^^^'^ 
term of five 3'ears 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 quafmc'auon^for 
be required as a qualification for holding a seat in either a seat in general 

, 1 /> 1 1 • 1 J • M court or council 

branch oi the general court, or in the executive council, not required. 

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

AiiT. XV. The meeting for the choice of governor. Time of annual 
lieutenant-governor, senators, and representatives, shall ernor and ugi*. 
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. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

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



Organization of 
the government. 



Art. XVI. Eight councillors shall be annually chosen 
by the inhabitants of this commonwealth, qualified to vote 
for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
thereafter wards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any 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 AYednesday in 
January he shall issue his summons to such persons as 
appear to be chosen, to attend on that day to be qualified 
accordingly ; and the secretary shall lay the returns before 
the senate and house of representatives on the said first 
Wednesday in January, to be by them examined ; and in 
case of the election of either of said officers, the choice 
shall be by them declared and published ; but in case 
there shall be no election of either of said officers, the 
legislature shall proceed to fill such vacancies in the 



COMMONWEALTH OF MASSACHUSETTS. 43 

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

Art. XVH. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urer!*^udito'rT^ 
annually, on the day in November prescribed for the gene"a°brthe 
choice of governor ; and each person then chosen as such, people. 
duly qualitied 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 Vacancies, how 

o tilled. 

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, fi'om 
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^hlr^wisJ^office 
after he could otherwise enter upon his duties, to qualify va^alit.^^'^^'* 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabit- '"''^"'®' ®* 
ant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and pried^fors'ircta- 
all moneys which may be appropriated by the state for Fo^orig'inar 
the support of common schools, shall be applied to, and ^Jhoo^l? sJe *** 
expended in, no other schools than those which are con- constitution, 

11 T 1 11 1 1 ij Pnrt Firet, ^rt. 

ducted according to law, under the order and supermtend- iii. 



44 



CONSTITUTION OF THE 



12 Allen, 500, 

508. 

103 Mass. 94, 96. 



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

See amend- 
ments. 

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

Reading constl- 
totion in English 
and ■writing, 
necessary quali- 
fications of 
voters. 
Proviso. 
For other quali- 
fications, see 
amendments, 
Art. III. 
See also amend- 
ments, Art. 
XXIII., which 
■was annulled by 
amendments. 
Art. XXVI. 

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



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



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

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

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

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name \ ^provided, hoiv- 
€ve7', that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

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



COMMONWEALTH OF MASSACHUSETTS. 45 

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

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

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

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 Auo;ust next after each Meeting for 

. ' , '^ ~ division to be 

assignment of representatives to each county, assemble at first Tuesday 

iu AuffUSt 

a shire town of their respective counties, and proceed, as proceedinga. 
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 iirSl^sgir* 
for which he is chosen, and shall cease to represent such ^^^' 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- des^rfbe^d'knd 
tion of each, wnth the numbers thereof and the number of *''''^^'^®^' 
legal voters therein, shall be returned by the board, to the 
secretary of the commonwealth, the county treasurer of 
each county, and to the clerk of every town in each dis- 
trict, to be filed and kept in their respective offices. The 
manner of calling and conducting the meetings for the 
choice of representatives, and of ascertaining their elec- 
tion, shall be prescribed by law. [Not less than one Quorum, see 
hundred members of the house of representatives shall An. xxxiii. 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

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



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
eecators. 



Senate to consisl 
of forty mem- 
bers. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments. 
Art. XXXIII. 



Residence of 
two years re- 
quired of natu- 
ralized citizens, 
to entitle to suf. 
f rage or make 
eligible tooiiJce. 
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 : 2^'^ovided, hoivevei', 
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 inhal)itant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; l)ut a less number may oi'ganize 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 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 : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided^ further, that it shall not affect 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 jDcrson from the people of the district wherein such 
vacancy occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the 
same by appointment of some eligible person. 

Atit. XXYI. The twenty-third article of the articles Twenty.third 
of amendment of the constitution of this commonwealth, mentsanuufied. 
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 : provided, that this amend- 
ment shall not afl'ect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
'provided, farther, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom," is hereby 
wholly annulled. 

Art. XXVII. So much of article two of chapter six ProvisionBof 
of the constitution of this commonwealth as relates to vl,' reiatfn'^g ?o 
persons holding the office of president, professor, or vfrdTonlgfr"^" 
instructor of Harvard College, is hereby annulled. annulled. 

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

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

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

, , , A ' ^ , qualihed by 

elections lor governor, lieutenant-governor, senators, and reason of change 
representatives, shall, by reason of a change of residence nntTuix^months 
within the Commonwealth, be disqualified from voting for l^^^o^^aT^' 
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. 



Provisions of 
Art. II., SI., 
Chap. 11. , Part 
II., relative to 
property quali- 
fication of 
governor, 
annulled. 



Provisions of 
Art. II., §111., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
assembly by 
members of the 
house^aonulled. 



Art. XXXI. Articletwenty-eightof the Amendments 
of the Constitution is hereby amended by striking out in 
the fourth line thereof the words " being a pauper", and 
inserting in phice thereof the words : — receiving or having 
received aid from any city or town, — and also by striking 
out in said fourth line the words " if a pauper", so that 
the article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or 
because of the non-payment of a poll tax. 

Art. XXXII. So much of article three of the Amend- 
ments of the Constitution of the Commonwealth as is con- 
tained in the following words : " and who shall have paid, 
by himself, or his parent, master, or guardian, any state or 
county tax, 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 Avithin the Commonwealth of the 
value of one thousand pounds ; " is hereby annulled. 

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



COMMONWEALTH OF MASSACHUSETTS. 49 

Art. XXXYI. So much of article nineteen of ttie 
articles of amendment to the Constitution of the Com- 
monwealth as is contained in the followino; 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 Jime. In the mean time the 
constitution was submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
When the convention assembled, it was found that the constitution 
had been adopted by the requisite nvmiber of votes, and the conven- 
tion accordingly Resolved, " That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next; 
and not before, for any purpose, save only for that of making elections, 
agreeable to this resolution." The first legislature assembled at Bos- 
ton, on the twenty-fiLfth 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 1S32 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 Avas approved and ratified by 
the people the fourteenth day of November, 1836. 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1840, resj^ectively, and was apjiroved 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, 
respective!}-, and ratified by the people on the first day of ]\Iay, 1857. 

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



50 COXSTITUTION 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 1860, and ratified by the 
people on the seventh day of May, 1860. 

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

The twenty-seventh Article was adojited 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 Avas 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 Avere approved and 
ratified by the people on the fourth day of November, 1890. 

The thirty-second and thirty-third Articles Avere adopted bj' the 
legislatures of the political years 1890 and 1891, and Avere api)roved 
and ratified by the people on the third day of November, 1891. 

The thirty-fourth Article was adopted by the legislatures of the 
political years 1891 and 1892, and was approved and ratified by the 
people on the eighth day of November, 1892. 

The thirty-fifth Article was adopted by the legislatures of the 
political years 1892 and 1893, and was approved and ratified by the 
people on the seventh day of NoA'ember, 1 893. 

The thirty-sixth Article was adopted by the legislatures of the 
political years 1><93 and 1891, and Avas 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, Avas rejected by the 
people on the twenty-second day of April, 1889.] 

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



IKDEX TO THE CONSTITUTION. 



A. 

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

removed by governor Avith 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 Quakers, 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-thii*ds of 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 36, 37 

Apportionment of councillors, 24, 41, 42 

state to be divided into eight districts 42 

Apportionment of senators, 13, 40, 46 

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

districts, 46 

Apportionment of representatives, 16, 39, 40, 44 

to the several counties, made on the basis of legal voters, . 44 
Armies, dangerous to liberty, and not to be maintained vdthout con- 
sent of the legislature, 8 

Arms, right of people to keep and to bear, for public defence, . 8 
Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the general assembly, 18 

An-est, search and seizure, riglit of, regulated, 7 

warrant to contain special designation, 7 

Attorney-general, to be chosen by the people annually in November, 21, 43 
to hold office for one year from third Wednesday in January 

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

election determined by legislature, 43 

in failure of election by the voters, or in case of decease of 
person elected, vacancy to be filled by joint ballot of legis- 
lature from tlie two persons having the highest number of 

votes at November election, 43 

51 



52 INDEX TO THE CONSTITUTION. 



Page 



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

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

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

next preceding election or appointment, .... 43 

oflSce to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

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

to hold office for one j-ear from third Wednesday in January 

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

election determined by legislature, 43 

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

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

next preceding election, 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

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

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

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

and nays, 10 

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

before that time expires 11,34 

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

Body politic, formation and nature of, 3 

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

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

c. 

Census of ratable polls, 38 

of inhabitants, 40, 44, 45 

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

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

representatives 44 



INDEX TO THE CONSTITUTION. 53 

Page 
Cities, may be chartered by the general court, if containing twelve 

thousand inliabitants and consented to by a majority 

thereof, 34 

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

elected by a plurality of votes, 41 

Clerlis of courts, elected by the people of the several counties, . 44 
Clerlis of towns, to malie records and retm-ns of elections, . . 13 
Colonial laws, not repugnant to the constitution, continued in 

force, 32 

Commander-in-chief, governor to be 20 

Commerce, agriculture and tlie 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 
gos'ernor, attested by the secretaiy, 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 A^oting 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 A^ote, 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, live members to constitute a quorum 24 

eight councillors to be elected annually, 24, 42 

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

to talie 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 

elglit districts to l)e formed, each composed of five contiguous 

senatorial districts, 42 

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

term of office, 37 

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

council, 46, 47 

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

judges not to hold certain other offices, 36 

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

governor and council, 26 

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

Courts, probate, provisions for holding, 26 

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

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

may administer oaths or affirmations, . . . . 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 legislatui'e 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 

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

senatorial districts, 42 

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

several counties, 39, 45 

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

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



INDEX TO THE CONSTITUTION. 55 

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

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

on fourth Monday in November, 41 

Election returns, 13, 42 

Enacting style of laws, established, 33 

Equality and natural rights of ail men, 4 

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

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

F. 

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

Fines, excessive, not to be imposed 9 

Frame of government, 10 

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

general court or council, 41 

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

recommended, 8 

G. 

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

for making laws, 

freedom of speech and debate in, 

not to declare any subject to be guilty of treason or felony 
formed by two branches, a senate and house of representa 

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

repugnant to the constitution, 11 

may provide for the election or appointment of officers, and 

prescribe their duties, 11 

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

travelling expenses of members ; provision annulled, . . 16, 48 
may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, 19 

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



56 INDEX TO THE CONSTITUTION. 



Page 
26 
32 



General court, judicial officers may be removed upon address of, 
person convicted of briber}', not to hold seat in, 
may increase property qualifications of persons to be elected 

to olHce, 32 

certain otHcers not to have seats in, 31 

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

houses disagree, etc., 20 

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

empowered to charter cities, . , 34 

to determine election of governor, lieutenant-governor and 

councillors, 41, 42 

to prescribe by law for election of sheriflFs, registers of probate 
and coinmissionei's of insolvency by the people of the 
counties, and district attorneys by the people of the 

districts, 44 

quorum, to consist of a majoritj^ 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, stjded, — 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-chief, of the army 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 auj^ time, .... 19 

not to hold certain other offices, 31 

to take oaths of office before president of the senate in pres- 
ence of tlie 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 the lieutenant- 
governor, 24 

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

with advice of council, may adjourn or prorogue tlie legisla- 
ture upon request, and convene the same, .... 19 
may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other tliau tlic 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 when legislature is not 

iu session 47 

with consent of council, may remove judicial officers, upon 

the addi'css of both houses of the legislature, ... 26 
Governor and council, to examine election returns, . . . . 1-1, 42 
may punish persons guilty of disrespect, etc., by imprison- 
ment not exceeding tliirty days, 17, 18 

quonnn to consist of governor and at least five members of 

the council 19 

may require the attendance of the secretary of the common- 
wealth in person or by deputy 26 



H. 

Habeas corpus, privilege of writ to be enjoyed in the most ample 
manner, and not to be suspended by legislature except 

upon most urgent occasions, 32 

Harvard College, powers and privileges, gifts, grants and convey- 
ances confirmed, 27, 28 

board of overseers established, but the government of the 

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

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

Hereditary oflices and privileges, absurd and unnatural, . . . 6, 6 

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

a representation of the people annually elected and founded 

upon the principle of equality, 16 

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

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

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

large upon records, 10 

qualifications of members, 17, 41, 45 

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

an inhabitant of the state, 45 

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

return from, or attending the genei-al assembly, . . 18 

the grand inquest of the commonwealth, 17 

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

concur Avith amendments, 17 

not to adjourn more than two days at a time, .... 17 

quorum of, 17, 45, 48 

to choose officers, establish its rules, etc., .... 17 
may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc. ; trial may be by committee, 17, 18 



58 INDEX TO THE CONSTITUTION. 

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

may require tlie attendance of secretary of tlie commonwealth 

in person or by deputy, 26 

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

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

first Monday of November, 4) 

in case of f ailui'e to elect, meeting to be held on the fourth 

Monday of November, 41 

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

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

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

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

I. 

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

indictment, 15, 16 

Incompatible offices, 31, 36 

" Inhabitant," the word defined, 13 

Inhabitants, census to be taken in 1866, and every tenth year there- 
after, 38, 40, 44, 45 

Insolvency, commissioners of, elected by the people of the sevei'al 

counties; annulled, 44, 49 

Instruction of representatives 8 

J. 

Judges of courts may not hold certain other ofBces, . . . . 81, 86 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries established by 

standing laws, 9, 23, 26 

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

legislature, 26 

not to hold certain other offices, 81 

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

may administer oaths or affirmations, 11 

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



INDEX TO THE CONSTITUTION. 59 

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

to hold office during good behavior, except vi'hen otherwise 

provided bj'^ the constitution, 26 

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

of both houses of the legislature, 26 

Jury, trial by, right secured, 7 

Justices of the peace, commissions to expire in seven years 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 department, not to exercise executive or judicial powers, 9 

Legislature (see General Court). 

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

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

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

41,48 
in the absence of governor, to be president of the covmcil, . 2-1 
to be acting governor when the chair of the governor is 

vacant, 24 

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

of both houses, 31 

not to hold certain other offices, 31 

term of office, 37 

Literature and the sciences to be encouraged, 29 

M. 

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

concurrent vote, 21 

may appoint their aids, 22 



60 INDEX TO THE CONSTITUTION. 

Page 

Marriage, divorce and alimony, 27 

Martial law, only tliose employed in the armj' and navy, and the 
militia in actual service, subject to, except by authoritj' of 

legislature, 9 

Military power, subordinate to civil authoritj', 8 

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

limits of the state, 21 

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

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

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

brigadiers, elected by field officers, 21 

major-generals, elected by senate and house of representatives 

by concurrent vote, 21 

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

may appoint officers, 22 

officers commissioned to command may be removed as may 

be prescribed by law, 22, 35 

appointment of staff officers, 22 

organization; divisions, 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 oimce, 32 

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

to be applied for support of sectai'ian schools, ... 43 

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

Moral qualifications for office, 8 

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

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

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



INDEX TO THE CONSTITUTION. 61 

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

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

judges, 31, 36 

incompatible, 31,32,36 

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

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, .... 6 

Organization of the mUitia 22 



P. 

Pardon of offences, governor with advice of council may grant, but 

not before conviction, 21 

People, to have the sole right to govern themselves as a free, sover- 
eign and independent state, 6 

have a right to keep and to bear arms for the public defence, 8 
have a right to assemble to consult upon the common good, 
to instruct their representatives, and to petition legisla- 
ture, 8 

Person and property, remedy for injuries to, should be in the laws, . 6 

Petition, right of, 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 14 

Plurality of offices, 31 

of votes, election of civil officers by, 41 

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

Polls, ratable, census of, 38 

Preamble to constitution, 3 

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

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

Probate courts, provisions for holding, 26 

registers, elected by the people of the several counties, . . 21, 44 

judges may not hold certain other offices, .... 36 

Property qualification, may be increased by the legislature, . . 32 

partially abolished, 41 

of governor, annulled, ........ 48 

Prosecutions for crimes and offences regulated. .... 7 



62 INDEX TO THE CONSTITUTION. 

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

force, 32 

Public boards and certain officers to make quarterly reports to the 

governor, 22 

Public officers, right of people to secure I'otation, .... 6 
all persons having the prescribed qualifications equally eli- 
gible, 6 

Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

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



Q- 



Quakers, may make affirmation, 31,35 

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

the legislature, 32 

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

Qualification, property, partially abolished, 41 

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

of governor, 18, 43, 48 

of lieutenant-governor, 23, 43, 48 

of councillors, 41, 43 

of senators, 15, 40, 46 

of representatives, 16, 41, 45 

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

Quartermasters, appointed by commanding officers of regiments, . 22 

Quorum, of council, 19, 24, 42 

of senate, 16, 46, 48 

of house of representatives 17, 45, 48 

R. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office 44 

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

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

signed by members present, 25 

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

Religious denominations, equal protection secured to all, . . . 5, 38 

Religious sect or denomination, no subordination of one to another 

to be established by law, 5, 38 

Religious societies, may elect then* own pastors or religious teachers, 5, 88 

membership of, defined, 38 



INDEX TO THE CONSTITUTION. 63 

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

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

worship, 4, 5, 38 

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

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

Returns of votes 13, 19, 42, 43 

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

s. 

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

poll tax, 48 

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

permanent and honorable salaries to be established for ^the 
justices of the supi'eme 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 

in November, . . . • 25, 43 

to hold office for one year from third Wednesday in January 

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

manner of election, etc., same as governor 43 

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

vacancy occurring during session of the legislature, filled by 

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

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

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

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

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

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

by deputies, as they shall require, 26 

to attest all commissions, 32 

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

number of representatives to which the county is entitled, 45 



64 INDEX TO THE CONSTITUTION. 

Page 

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

Self-government, right of, asserted, 5 

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

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

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 

their own members, 14 

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

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

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

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

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

shall try all impeachments, 15, 17 

quorum of, 16, 46, 48 

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

may require the opinions of the justices of the supreme 
judicial court upon important questions of law, and upon 
solemn occasions, ........ 26 

to enter objections, made bj^ governor to passage of a bill or 

resolve, at large on records, 10 

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

contain, as near as may be, an equal number of voters, . 46 

apportionment based upon legal voters, 46 

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

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

consent of owner, ........ 9 

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

tax, 48 

Solicitor-general, 21 

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

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

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

not to hold certain other offices, 31,36 

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



INDEX TO THE CONSTITUTION. 65 

T. 

Page 

Taxation should be founded on consent, 6, 8 

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

representatives, ......... 8 

may be imposed by the legislature, 12 

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

j'ears, 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 

legislatm-e, 9 

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

in November, 25, 26, 43 

to hold office for one year from third Wednesday in January 

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

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

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

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

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



66 INDEX TO THE CONSTITUTION. 

U. 

Page 
University at Cambridge, 27, 28, 47 

Y. 

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

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

be exercised by the council, 25 

Vacancy in the council, to be filled by the election of a resident of the 
district by concurrent vote of the senate and house ; if 
legislature is not in session, to be filled by governor with 
advice of the council, 42, 47 

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

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

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

election, 43 

occuiTing during session of legislature, filled by joint ballot 

of legislature from people at large, 43 

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

governor, by appointment, with advice of council, . . 35, 43 

Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, 21,22 

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

least, 12 

Veto power of the governor, 10 

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

have served in the arraj' or navy in time of war, etc. , . 48 
male citizens, twenty-one years of age, who have resided in 
the state one year, and within the town or district six 
months, who have paid a state or county tax witliin two 
years next preceding the election of state officers, and 
such as are exempted by law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the English language, . . 17, 34, 44 
the basis upon which the apportionment of representatives 

to the several counties is made, 44 



basis of apportionment of senators, .... 

census of voters to be taken in 1865, and every tenth year after 
Votes, returns of, 13, 19 

plurality of, to elect civil officers 

Voting precincts in towns, ........ 



46 

44,46 

42, 43 

41 

47 



INDEX TO THE CONSTITUTION. ^7 

w. 

Page 
Worship, public, the right and 6nty of all men, .... 4 

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

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

by the cleric, 32 

Writing and reading, necessary qualifications for voting, or holding 

oflSce, ... , 44 

Y. 

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



ACTS AND EESOLVES 



MASSACHUSETTS. 



1899. 



g@^ The General Court of the year eighteen hundred and ninety-nine assembled 
oil Wednesday, the fourth day of January. The oaths of office were talien and sub- 
scribed by His Excellency Roger Wolcott and His Honor W. Mukray Crane on 
Thursday, the fifth day of January, in the presence of the two Houses assembled in 
convention. 



ACTS. 



Chap. 1. 



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

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

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

For the compensation of senators, thirty thousand senators, 

, 1 1 1 /'/^j 1 11 compensation. 

seven hundred and nity dollars. 

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

For the compensation of representatives, one hundred Representa. 
and eighty thousand seven hundred and fifty dollars. 8a\ion!^°'"^^°" 

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

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 
of representatives, three thousand dollars each. house clerks. 

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 ciericai 
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- sergeant at. 
dred dollars. 

For the salary of the first clerk in the office of the First cierk. 
3ergeant-at-arms, twenty-two hundred dollars. 



Acts, 1899. — Chap. 2. 



Doorkeepero. 



Postmaster, 
messengers, etc. 



Senate 
stationery. 



House 

stationery. 



Printing and 
binding, senate 
and huuee. 



Manual. 



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



Senate and 
house, contin- 
gent expenses. 



Expenses of 
committees. 



Witness fees, 
etc. 



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

For the compensation of the assistant doorkeepers, 
postmaster, messengers and pages to the senate and 
house of 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 l)inding 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 six 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 effect upon its passage. 

Approved January 19, 1899. 



Chan. 2. ^^^ "'^^^ "^^ authorize the county commissioners of the county 

OF BERKSHIRE TO BORROW A SUM OF MONEY FOR THE PURrOSE 
OF PAYING A PART OF THE INDEBTEDNESS OF SAID COUNTY. 

Be it enacted^ etc., as follows: 

Section 1. The county commissioners of the county 
of Berkshire are hereby authorized to borrow on the 
credit of said county a sum of money not exceeding 



May borrow on 
credit of county. 



Acts, 1890. — Chaps. 3, 4 5 

thirty-five thousand dollars, for the purpose of paying 
a part of the existing indebtedness of said county. 

Section 2. This act shall take effect upon its })assage. 

Approved January 31, 1S99. 

Ax Act making an appropriation for the payment of pre- QhQjy 3 

MIUMS ON securities PURCHASED FOR THE MASSACHUSETTS 
SCHOOL FUND. 

Be it enacted, etc., asfoUn^rs: 

Section 1 . A sum not exceeding ten thousand dol- KorFun^"* 
lars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, 
for 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-live of the acts of the year eighteen hundred 
and ninety. 

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

Approved January 31, IS 99. 

An Act making appropriations for the salaries and expenses (JJidj)^ 4. 
OF the state hoard of arbitration and conciliation. 

Be it enacted, etc., as foUoics : 

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

For the salaries of the members of the state board of fratimi°ltT.^" 
arbitration and conciliation, six thousand dollars. 

For the salary of the clerk of the state board of arl)i- ^^^^^' 
tration and conciliation, twelve hundred dollars. 

For travelling, incidental and contingent expenses of J^^'penBes. 
the state board of arbitration and conciliation, a sum not 
exceeding forty-six hundred dollars, wdiich shall include 
the compensation of expert assistants. 

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

Approved January 81, 1899. 



^ Acts, 1899. — Chaps. 5, 6, 7. 

Chap. 5. -^^ ^^<^T MAKING AN APPROPRIATION FOR THE PAYMENT OF CER- 
TAIN EXPENSES IN CONNECTION WITH THE PROTECTION OK THE 
PURITY OF INLAND WATERS. 

Be it enacted^ etc., as folloios : 
Eniiineers, SECTION 1. A sum not exceedins^ thirty thousand dol- 

clicMiiists, etc. - .- - •i-i I'l" i> ^ 

lars IS hereby appropriated, to be paid out ot 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-nine. 
Section 2. This act shall take effect upon its passage. 

Approved January 31, 1899. 

Chap. 6. An Act making appropriations for salaries and expenses in 

THE office of THE STATE BOARD OF HEALTH. 

Be it enacted, etc., as foUoivs : 

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

orheait"'* For the salary of the secretary of the state board of 

Becretary.' health, thrcc thousaud dollars. 

Expenses. Yov the general work of the state board of health, in- 

cluding necessary travelling expenses, a sum not exceed- 
ing seventeen thousand dollars. 

miirfoodand For salaHes and expenses in connection with the in- 

drug's. spection of milk, food and drugs, a sum not exceeding 

eleven thousand five hundred dollars. 

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

Approved January 31, 1899. 

Chap. 7. ^^ ^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE DEPARTMENT OF THE AUDITOR OF THE COMMONWEALTH. 

Be it enacted, etc., asfoUows: 
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 



Acts, 1S99. — Chap. 8. 7 

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

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

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

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

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

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

For the compensation of a state printing expert, a sum printing expert. 
not exceedino; fifteen 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. 

Apjyroved January 31, 1899. 

An Act making appropriations for salaries and expenses in njjnv) g 

THE EXECUTIVE DEPARTMENT OF THE COMMONWEALTn. 

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-nine, to wit : — 

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

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

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

For the salary of the executive secretarv, two thou- Executive sec 
sand dollars. ^ ''*'''■^• 

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



8 



Acts, 1899. — Chap. 9. 



MeeseDger. 



Executive 
department, 
expenses. 
Postage, print- 
ing, etc. 

Governor and 
council, ex- 
penses. 



Postage, print- 
ing, etc. 

Extraordinary 
expenses. 



Indexes, etc., 
to statutes. 



Arrest of fugi- 
tives from 
justice. 



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

For contingent expenses of the executive department, 
the sum of three thousand dollars. 

For postage, printing and stationery for the executive 
department, a sum not exceeding eight hundred dollars. 

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

For postage, printing and stationery for the executive 
council, a sum not exceeding five hundred dollars. 

For the payment of extraordinary expenses, to be ex- 
pended under the direction of the governor and council, 
a sum not exceeding fifteen thousand dollars. 

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

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

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

Approved Janvary SI, 1899. 



Chap. 9. 



Appropriations. 



State pension 
agent. 

Clerical 
assistance. 



An Act making appkopuiations for the salary and expenses 
of the state pension agent. 

Be it enacted, etc., asfolloios: 

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-nine, to wit : — 

For the salary of the state pension agent, two thou- 
sand dollars. 

For clerical assistance, travelling and other necessary 
expenses of the state pension agent, a sum not exceeding 
four thousand seven hundred dollars. 

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

Approved January 31, 1899. 



Acts, 1899. — Chaps. 10, 11, 12. 



An Act making aithopriations for salaries and expenses in Qhrinj 20 

TUE OFFICE OP THE CONTROLLER OF COUNTY ACCOUNTS. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriations, 
propriated, to ))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-nine, to wit : — 

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

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

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

For the salary of the third deputy of the controller Third deputy. 
of count}^ accounts, one thousand dollars. 

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

Section 2. Thi^s act shall take effect upon its passage. 

Approved January 31, 1899. 

An Act making an appropriation for the erection of new (Jliax) 11 

BUILDINGS AT THE WORCESTER INSANE HOSPITAL. 

3e it enacted, etc., as follows : 

Section 1. The sum of thirty thousand dollars is Worcester in 
hereby appropriated, to be paid out of the treasury of s**"® ^°^p"^'- 
the Commonwealth from the ordinary revenue, to be 
expended at the Worcester insane hospital under the 
direction of the trustees thereof, for the erection of new 
buildings, as provided for by chapter ninety-nine of the 
resolves of the year eighteen hundred and ninety-eight. 

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

Approved January 31, 1899. 

An Act making appropriations for salaries and expenses in njinjy 19 

THE office of THE COMMISSIONERS OF PRISONS, AND FOR SUN- 
DRY REFORMATORY EXPENSES. 

Be it enacted, etc., as follows: 

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



10 



Acts, 1899. — Chap. 13. 



Commissioners 
of prisous, 
secretary. 

Clerical 
aasiatance. 



Agents. 



Travelling 
e.xpenses. 



Expenses. 



Agent for aid- 
ing discharged 
female pris- 
oners. 
Expenses. 



Aiding pris- 
oners dis- 
charged from 

reformatory. 

Aiding pris- 
oners dis- 
charged from 
state prison. 
Reraoval of 
prisoners. 



monwealth from the ordinar}^ revenue, for the purposes 
specified, to meet expenses for the year ending on tlie 
thirty-first day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 

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

For clerical assistance in the office of the commis- 
sioners of prisons, a sum not exceeding twenty-eight 
hundred dollars. 

For the salaries of the agents of the commissioners 
of prisons, fifty-two hundred dollars. 

For travelling expenses of the commissioners of prisons, 
and of the secretary and agents of said commissioners, 
a sum not exceeding three thousand dollars. 

For incidental and contingent expenses of the commis- 
sioners of prisons, a sum not exceeding twelve hundred 
dollars. 

For the salary of the agent for aiding discharged female 
prisoners, a sum not exceeding 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 exceeding three thousand dollars. 

For expenses incurred in removing prisoners to and 
from state and county prisons, a sum not exceeding nine 
hundred dollars. 

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

Approved January 31, 1899. 



ChCin. 1.'5. ^^ '^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSKS IN 
THE JUDICIAL DEPARTMKNT OF THE COMMONWEALTH. 

Be it enacted, etc., as follo^cs : 
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 jiurjjoses 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 



Acts, 1899. — Chap. 13. H 



SUPREME JUDICIAL COURT. 

For travelling expenses of the chief justice of the Supreme judi- 
supreme judicial court, five hundred dollars. cMef7uH't'ice. 

For travelling expenses of the six associate justices Associate 
of the supreme judicial court, three thousand dollars. J"«t"=««- 

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

For clerical assistance to the clerk of the supreme iudi- clerical assist- 

. I j<>iiiiii "^ ance to clerk. 

cial court, five hundred dollars. 

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

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

For the salary of the reporter of decisions of the Reporter of 
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 officers and 
supreme judicial court, twenty-four hundred dollars. messenger. 

For the salary of the clerk of the supreme judicial gugoi^"'" 
court for the county of Suftblk, fifteen hundred dollars. 

SUPERIOR COURT. 

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

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



justices. 



COURTS OF PROBATE AND INSOLVENCY. 

For the salaries of the two judges of probate and in- Probate an.i 
solvency for the county of Suffolk, five thousand dollars jSdKes';"''^ 
each. Suffolk. 

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

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

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



12 



Acts, 1899. — Chap. 13. 



Norfolk. 
Bristol. 

Plymouth. 

Berkehire. 

nam|>den. 

Hampshire. 

Franklin. 

BaniHtable. 

Nantucket. 

Dukes County. 



Acting in other 
counties. 



Register, 
Suffolk. 



Middlesex. 
Essex. 



Worcester. 



Norfolk, 



Bristol. 



Plymouth. 



HampBhlre. 



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, twenty-five hundred dollars. 

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

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

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

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

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

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

For the compensation of judges of probate and insol- 
vency acting in other counties than their own, a sum not 
exceeding three thousand dollars. 

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

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

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

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

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

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

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

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



Acts, 1899. — Chap. 13. 13 

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

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

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

For the salary of the register of probate and insol- BamstaWe. 
vency for the county of Barnstable, thirteen hundred 
dollars. 

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

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

For the salary of the assistant register of probate and ABsistant reg. 

/•I i« o rt» 11 • I 1 "''''^> Suffolk. 

insolvency lor the county or ounolk, twenty-eight hun- 
dred dollars. 

For the salary of the assistant register of probate and Middlesex. 
insolvency for the county of Middlesex, twenty-five hun- 
dred dollars. 

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

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

For the salary of the assistant register of probate and i^'orfoik- 
insolvency for the county of Norfolk, twelve hundred 
dollars. 

For the salary of the assistant register of probate and Hampden 
insolvency for the county of Hampden, one thousand 
dollars. 

For the salary of the assistant register of probate and ^''^'^n'^i'"- 
insolvency for the county of Franklin, five hundred 
dollars. 

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

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



14 



Acts, 1899. — Chap. 13. 



Middlesex. 



Ilaiupden. 



Worcester. 



Plymouth. 



Id the several 
coiiniies except 
Fniiiklin and 
tJiiffolk. 



Expenses. 



For extra clerical assistance to the register of })ro])ate 
and insolvency for the county of Middlesex, a sum not 
exceeding forty-live hundred dollars. 

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

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

For extra clerical assistance to the register of i)robate 
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 thirty-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 ])ro])ate and insolvency, a 
sum not exceeding thirty-five hundred dollars. 



District attor- 
ney, Suffolk. 

First assistant. 



Second as- 
sistant. 



Clerk. 



District attor- 
ney, northern 
district. 

Assistant. 



£ast«rn district. 



Southeastern 
district. 



DISTRICT ATTORNEYS. 

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

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

For the salary of the second assistant district attorney 
for Suffolk district, thirty-three hundred dollars. 

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

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

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

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

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

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



Acts, 1899. — Chap. U. 15 

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

For the salary of the district attorney for the southern southern 
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. district. 

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

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

Approved January 31, 1899. 



' Chaj). 14. 



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

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 expenses for the year ending on the 
thirty-first day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 

For the salary of the secretary of the Commonwealth, secretary. 
thirty-five hundred dollars. 

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

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

For the salary of the chief of the archives division in chief of 
the secretary's department, two thousand dollars. si'^u!^^* 

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

For messengers and such additional clerical assistance Extra cieriig 
as the secretary may find necessary, a sum not exceeding =»°d messengers. 
twenty-four thousand dollars. 

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

For the arrangement and preservation of state records Arrangement of 
and papers, a sum not exceeding five thousand dollars. ^^'^'^^ *'* 



Record inks. 



16 Acts, 1899. — Chaps. 15, 16. 

Postage, etc. Yov 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-nine 
hundred dollars. 

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

hktori^ee!"^ For the purchasc of histories of regiments, batteries 

or other military organizations of Massachusetts volun- 
teers who served in the civil war, a sum not exceeding 
one thousand dollars. 

Ballot boxes. YoY fumishiug cities and towns with ballot boxes, and 
for repairs to the same, a sum not exceeding three thou- 
sand dollars. 

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

Approved January 31., 1899. 

Ghaj). 15. ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE DEPARTMENT OF THE ATTORNEY-GENERAL OF THE COMMON- 
WEALTH. 

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

Appropriations. SECTION 1. The 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-nine, to wit : — 

general^' For the Salary of the attorney-general, five thousand 

dollars. 

Assistants, etc. ^oY the Compensation of assistants in the office 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 31., 1899. 

Chap. 16. An Act making appropriations for salaries and expenses in 

THE department OF THE TAX COMMISSIONER. 

Be it e)iacted, 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 



Acts, 1809. — Chap. 17. 17 

s[)ccified, to meet expenses for the year ending on the 
thirty -lirst day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 

For the salary of the tax commissioner and commis- Taxcommu- 
sioner of corporations, thirty-five hundred dolhirs. »ioner. 

For the sahiry of the deputy tax commissioner, twenty- Deputy. 
five hundred doHars. 

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

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

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

For travelling expenses of the tax commissioner and Jx'^iJeuleBf 
his deputy, a sum not exceeding one thousand dollars. 

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

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

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

A^jproved January 31, 1899. 



An Act making aitkopriations for the salaries and expenses (^hf^j^ 17 

OF THE COMMISSIONERS OF SAVINGS BANKS. ^ 

Be it enacted., etc., asfolloios: 

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

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

For the salaries of the two associate commissioners of ^ggocTale 
savinofs banks, three thousand dollars each. commissionerfl. 

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

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



18 



Acts, 1899. — Chap. 18. 



Additional 
clerks, etc. 



ExpeDsea. 



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

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

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

Approved January 31, 1899. 



Chap. 18. 



Appropriations, 



Railroad 
commissioners. 



Absistiint clerk, 



Railroad in- 
spectors. 

Experts, etc. 



Rent, racB- 
senger, etc. 



Stationery, etc. 



Evidence at 
inquests. 



An Act making appropriations for the salaries and expenses 
of the railroad commissioners. 

Be it enacted, etc., asfolloivs: 

Section 1. The sums hereinafter mentibned 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-nine, to wit : — 

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

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

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

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

For the salaries and expenses of the steam railroad 
inspectors, a sum not exceeding five thousand dollars. 

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

For rent, care of oflSce, and salary of a messenger for 
the railroad commissioners, a sum not exceeding four 
thousand dollars. 

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

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

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

Approved January 31 ^ 189$. 



Acts, 1899. — Chaps. 19, 20. 19 



An Act making appropriations for the salaries and expenses CJJiaiy IQ 

OF THE GAS AND ELECTRIC LIGHT COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The .sums hereinafter mentioned are ap- Appropriatione. 
propriated, to be paid out of the treasury of the Com- 
inonwealth 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-nine, to wit : — 

For the salaries of the gas and electric light commis- Gas and electric 

1 ,1 J J 11 light commis 

sioners, eleven thousand dollars. sioners. 

For clerical assistance to the gas and electric lio-ht clerical 

. ^1 . . 1 , , ~ , aesistance. 

commissioners, a sum not exceedmg 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 eflect upon its passage. 

Approved January 31, 1899. 



An Act making appropriations for salaries and expenses in rfhrtY) 20 

THE state library. "' 

Be it enacted, etc., as follows: 

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

For the salary 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 
be necessary, a sum not exceeding thirty-five hundred ''*"*'^"°'=''" 
dollars. 

For preparing an index to current events and such index to cur- 

i I c^ . , /. , '■en' events. 

other matters contained in the newspapers of the day 
as may be deemed important by the trustees and libra- 
rian, a sum not exceeding one thousand dollars. 

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



20 



Acts, 1899. — Chaps. 21, 22. 



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

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

Approved January 31, 1899. 



FOU THE SALARY AND EXPENSES 
OF I'UBLIC RECORDS. 



Chan. '2il. ^^ "^^^ MAKING APPROPRIATIONS 

OF THE COMMISSIONER 

Be it enaded, etc., as folio ics : 
Appropriatious. 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 ninety-nine, to wit : — 

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

For travelling, clerical and other necessary expenses 
of the commissioner of public records, a sum not exceed- 
ing seventeen hundred and eighty dollars. 

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

Approved January 31, 1899. 



Commissioner 
of public 
records. 

ExpeDses. 



Chap. 22. "^^ -'^^^ MAKING APPROPRIATIONS FOR THE EXPENSES OF THE MAS- 
SACHUSETTS NAUTICAL TRAINING SCHOOL. 

Be it enacted, etc., asfoUoics: 
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-nine, to wit : — 

For the payment of current expenses of the Massachu- 
setts nautical training school, a sum not exceeding fifty 
thousand dollars. 

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

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

Approved January 31, 1899. 



Nautical train 
ing school. 



Expenses of 
commissioners 



Acts, 1899. — Chaps. 23, 24, 25, 26. 21 



An Act making an appropriation for the Massachusetts Chap. 23. 

SCliOOL FUND. 

Be it enacted, etc., asfoUoics: 

Section 1. The sum of one hundred thousand dollars Massachusetts 
is hereby a})propriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
Massachusetts School Fund, as provided for by chapter 
ninety of the resolves of the year eighteen hundred and 
ninety-four. 

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

Approved January 31, 1899. 

An Act making an appropriation for the Massachusetts fjhdjy^ 24 
state firemen's association. 

Be it enacted, etc., as foUoivs : 

Section 
appropriated, 

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 eii^hteen hundred and ninety-two. 

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

Approved January 31, 1899. 



ON 1. The sum often thousand dollars is hereby Massachusetts 
iated, to be paid out of the treasury of the Com- Association. 



An Act making an appropriation for the Massachusetts (JJiqj), 25. 
scHooi- for the feehle-minded. 

Be it enacted, etc., as foUcnos : 

Section 1. The sum of thirty-five thousand dollars MassachuBetts 
is hereby appropriated, to be paid out of the treasury Feeble-minded. 
of the Commonwealth from the ordinary revenue, to the 
Massachusetts School for the Feeble-minded, as provided 
for by chapter sixty-six of the resolves of the year eight- 
een hundred and ninety-eight. 

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

Approved January 31, 1899. 

An Act making an appropriation for current expenses at (JJidp^ 26. 
the medfieu) insane asylum. 

Be it enacted, etc., as follows : 

Section 1. The sum of fifteen thousand dollars is Medfleia insane 
hereby appropriated, to be paid out of the treasury of **^ """' 



2^ Acts, 1899. — Chaps. 27, 28, 29. 

the Commonwealth from the ordinary revenue, for the 
payment of current expenses at the Medfield insane asy- 
lum during the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety-nine. 
Section 2. This act shall take eftect upon its passage. 

Approved January 31, 1899. 

ChaV' 27. ^^ -^^^ MAKING AN APPKOPRIATION FOR THE MASSACHUSETTS 

INSTITUTE OF TECHNOLOGY. 

Be it enacted, etc., as follows : 

iliBti?ute"oT"' Section 1. The sum of twenty-nine thousand dollars 
Technology. ig 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. 

Ap)X>roved January 31, 1899. 

ChctT)- 28. ^^ -^^"^ MAKING AN APPROPUIATION FOR THE WORCESTER POLY- 
TECHNIC INSTITUTE. 

Be it enacted, etc., asfoUoics: 

Polytechnic Section 1. The sum of three thousand dollars is 

Institute. 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. 

Ajijrroved January 31, 1899. 

Chan '^O ^^ ^^^ MAKING AN APPROPRIATION FOR THE PERKINS INSTXTU- 
^ ' ' TION AND MASSACHUSETTS SCHOOL FOR THE BLIND. 

Be it enacted, etc., as foUoics : 
Perkins institu- Section 1. The sum of thirty thousand dollars is 

tioii ana Miii-Ba- . •t/>i i? 

chusetts School hereby appropriated, to be paid out of the treasury ot 

for the Blind. ^, ^ ^^ li.1 !• ^.i j' * 4-1 

the Commonwealth irom 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 January 31, 1899. 



Acts, 1899. — Chaps. 30, 3l, 32. 23 



An Act making an appropriation for the removal of wrecks nhfj^ Qf) 

FROM TIDE WATERS. "' 

Be it enacted,, etc., as foUotvs : 

Section 1. The sum of five thousand dollars is hereby Removal of 
appropriated, to be paid out of the treasury of the Com- fro^in tidr"* 
mon wealth from the ordinary revenue, for expenses in '^^'"^'^"• 
connection with the removal of wrecks and other obstruc- 
tions from tide waters, as provided for in section nine 
of chapter two hundred and sixty of the acts of the year 
eighteen hundred and eighty-three, during the year end- 
ing on the thirty-first day of December in the year eighteen 
hundred and ninety-nine. 

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

Approved January 31, 1899. 



Chap. 31. 



An Act making appropriations for salaries and expenses of 
the inspectors of gas meters. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriation. 
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-nine, to wit : — 

For the salary of the inspector of gas meters, two thou- inspector of 

1111 "" gas meters. 

sand dollars. 

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

For travelling and incidental expenses of the inspector Expenses. 
and assistant inspector of gas meters, a sum not exceeding 
six hundred and fifty dollars. 

For such additional apparatus as the inspector of gas Additional 
meters may find necessary, a sum not exceeding two hun- *??=»'''*'"*• 
dred and fifty dollars. 

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

Approved January 31, 1899. 

An Act making appropriations for salaries and expenses (JfiQi). 32. 

AT the reformatory PRISON FOR WOMEN. 

Be it enacted, etc., as folloics : 

Section 1 . The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Commonwealth 



M 



Acts, 1899. — Chaps. 3^, 34. 



Reformatory 
priBoii I'ur 
woraen. 



Expellees. 



Sewage dis- 
posal. 



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- 
nine, 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. 

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

Approved Jamiary 31, 1899. 



Chap. 33. 



Appropriations. 



General super- 
intendent of 
prisons. 

Clerical 
assistance. 

Travelling 
expenses. 

Expenses. 



An Act making appropriations for the salary and expenses 
of the general superintendent of prisons. * 

Be it enacted, etc., as foUoics : 

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

For the salary of the general superintendent of prisons, 
thirty-five hundred dollars. 

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

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

For incidental and contingent expenses of the general 
superintendent of prisons, a sum not exceeding fifteen 
hundred dollars. 

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

Approved January 31, 1899. 



Chap, 34. -^^ ^^^ MAKING APPROPRIATIONS FOR THE COMPENSATION AND 
EXPENSES OF THE IJ ALLOT LAW COMMISSION. 

Be it enacted, etc., asfoUows: 

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 



AcT.^, 1899. — Chap^. 35, 36. 25 

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

For the compensation of the ballot law commission, a Haiiotiaw 
sum not exceeding tiiteen hundred dollars. 

For expenses of the ballot law commission, a sum not Kxpenses. 
exceeding five hundred dollars. 

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

Approved January 31, 1899. 



Chaj). 35. 



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

Be it enacted, etc., as follows: 

Section 1. The sum of twelve hundred dollars is ABsayerand 
hereby appropriated, to be paid out of the treasury of the uquors""^" 
Commonwealth from the ordinary revenue, for the salary 
of the assayer and inspector of liquors, for the year end- 
ing on the thirty-first day of December in the year eight- 
een hundred and ninety-nine. 

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

Approved January 31, 1899. 



ChajJ. 36. 



An Act making appropriations for sundry miscellaneous 

EXPENSES authorized BY LAW. 

Be it enacted, etc., as follows : 

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

For the payment of unclaimed moneys in the hands of unclaimed 

.... . n 1 inont-ye in 

receivers ot certain insolvent corporations, after the same hands of 
have been deposited in the treasury of the Commonwealth, 
a sum not exceeding three thousand dollars. 

To carry out the provisions of the act relative to the Funds received 
payment from the treasury of the Commonwealth of funds IdTimsuatora. 
received from j)ublic administrators, a sum not exceeding 
four thousand dollars. 

For medical examiners' fees, a sum not exceeding five Medical ex. 

1 J 1111 amitiers' fees. 

hundred dollars. 

For expenses incurred in the construction and repair of construction, 
roads 111 the town ot Mashpee during the year eighteen in Mashpee. 



^6 



Acts, 1899. — Chap. 37. 



Beach Point 
ruad. 



City of Wal- 
tbaiu. 



Sarah J, 
RobiuBon. 



Probation 
officers. 



Small itciTiB of 
expenditure. 



Lyman and 

industrial 

suhoola. 



Military 
museum. 



hundred and ninety-eight, the sum of three hundred dol- 
lars. 

For assistance to the town of Truro in maintaining a 
section of its county highway known as Beach Point road, 
a sum not exceeding five hundred dollars. 

For the city of Waltham, for the annual assessment due 
from the Commonwealth towards maintaining and oper- 
ating a system of sewage disposal at the Massachusetts 
School for the Feeble-minded, the sum of five hundred 
and twenty-six dollars and eight cents, as provided for in 
section three of chapter eightj'-three of the acts of the 
year eighteen hundred and ninety-three. 

For the support of Sarah J. Robinson, a prisoner in the 
jail at Lowell, a sum not exceeding four hundred dollars. 

For the compensation of probation officers, as author- 
ized by section seven of chapter three hundred and fifty- 
si.x of the acts of the year eighteen hundred and ninety-one, 
a sum not exceeding six hundred dollars. 

For small items of expenditure for which no appropria- 
tions have been made, and for cases where the appropria- 
tion has been exhausted or has reverted to the treasury of 
the Commonwealth in previous years, a sum not exceeding 
one thousand dollars, to be expended under the direction 
of the auditor of the Commonwealth. 

For travelling and other necessary expenses of the 
trustees of the Lyman and industrial schools, a sum not 
exceeding one thousand dollars. 

For expenses in connection with maintaining a military 
museum, as provided for by chapter two hundred and four 
of the acts of the year eighteen hundred and ninety-seven, 
a sum not exceeding fifteen hundred dollars. 

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

Ap^noved January 31, 1899. 



Chap. 37. -^^ -^CT MAKING APPROPRIATIONS FOR THE PAYMENT OK ANNUITIES 

TO SOLDIERS AND OTHERS. 

Be it enacted, etc., asfolloivs: 
Appropriations. Section 1 . The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the payment of annuities 
and pensions due from the Commonwealth, to soldiers and 
others, during the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety-nine, 
to wit : — 



Acts, 1899. — Chap. 38. 2l 

For annuities due from the Commonwealth, incurred bv Johonnot 
the acceptance of the bequest of the late Martha Johonnot, 
a sum not exceeding two hundred dollars. 

For annuities to soldiers and others, as authorized by Annuitieato 
the general court, the sum of five thousand and ninety 
dollars. 

For pensions authorized by the general court, the sum Penmona. 
of five hundred and twenty dollars. 

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

Ajyproved Jamiary 31, 1899. 

An Act making appropkiations for salaries and expenses in (JJiai). '^8. 

THE OFFICE OF THE INSURANCE COMMISSIONER. 

Be it enacted, etc. , as foUoics : 

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

For the salary of the insurance commissioner, thirty-five insurance com- 

--.,-,*' './ missioner. 

hundred dollars. 

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

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 cierij. 
missioner, two thousand dollars. 

For the salary of the second clerk of the insurance second oierk. 
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- ^dduionai 
ance commissioner may find necessary for the despatch 
of public business, a sum not exceeding twent^'-one thou- 
sand six hundred and fifty dollars. 

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

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

Approved January 31, 1899, 



28 



Acts, 1899. — Chap. 39. 



ChdJ). o9. -^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE UEPARTMKNT OF THE TREASURER AND RECEIVER GENERAL. 

Be it enacted, etc., as foUoiosi : 
Appropriations. Section 1. The suius hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specitied, to 
meet expenses for the year ending on the thirty-first day 
of December in the year eighteen hundred and ninety-nine, 
to wit : — 

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

For the salary of the first clerk in the treasurer's de- 
partment, twenty-five hundred dollars. 

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

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

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

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

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

For the salary of the paying teller in the treasurer's de- 
partment, fourteen hundred dollars. 

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

For such additional clerical assistance in the treasurer's 
department as may be 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- 
partment, the sum of nine hundred dollars. 

For incidental and contingent expenses in the treasurer's 
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 him in trust, 
a sum not exceeding eighteen hundred dollars. 

For clerical services and such other necessary expenses 
as the treasurer and receiver general may find necessary to 
enable him to carry out the provisions of sections one and 
two of chapter five hundred and sixty-one of the acts of 
the year eighteen hundred and ninety-eight, a sum not 
exceeding thirty-five hundred dollars. 



Treasurer. 
First elerli. 
Second clerk. 
Cashier. 
Third clerk. 
Fund clerk. 



Receiving 
teller. 



Paying teller. 



Assistant 
bookkeeper. 



Clerical 
assistance. 



Messenger. 
Expenses. 



Clerical 
assistance. 



State pay for 
soldiers and 
sailors, etc. 



Acts, 1899. — Chap. 40. 29 

For the ^alurv of the Icfjacv tax clerk in the treasurer's i-egacytax 

■ - clerk 

department, eighteen hundred dollars. 

For such expenses as the treasurer may find necessary in Tax on coiut- 

. . L . . r» J.1 , • • i C'll legacies, 

carrymg out the provisions ot the act imposing a tax on etc. 
collateral legacies and successions,* a sum not exceeding 
twenty-five hundred dollars. 

For the salarv of the deputy sealer of weights, measures Deputy Bcaier 
and balances, twelve hundred dollars. "' "'^*«''**' *="=• 

For travelling and other expenses of the deputy sealer ExpenseB. 
of weights, measures and balances, a sum not exceeding 
five hundred dollars ; and for furnishing sets of standard 
weights, measures and balances to towns not heretofore 
provided therewith, and to each newly incorporated town, 
also to provide cities and towns with such portions of said 
sets as may be necessary to make their sets complete, a 
sum not exceeding six hundred dollars. 

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

Approved January 31, 1899. 

An Act making appropriations for salaries and expenses of QJirtY) 40 

THE DISTRICT POLICE. "' 

Be it enacted, etc., as follows : 

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

For the salary of the chief of the district police, a sum chief of dis. 
not exceeding twenty-five hundred dollars. trict police. 

For the salary of the first clerk in the office of the chief ^'"^^^ ''^^''^• 
of the district police, fifteen hundred dollars. 

For the salary of the second clerk in the office of the second cierk. 
chief of the district police, one thousand dollars. 

For the salary of the clerk in the boiler inspection de- cierk in boiier 
partment of the district police, six hundred dollars. dlpanm^nt. 

For the compensation of the members of the district ^.^^1°}'^/^°! 

I 1 1 11 diBtiict police. 

police, a sum not exceeding seventy-one thousand dollars. 

For travelling expenses of the members of the district J/pen"e"^ 
police, a sum not exceeding twenty-three thousand three 
hundred dollars. 

For incidental and contingent expenses of the chief and ["ng^^^'etc"' 
members of the district police, a sum not exceeding two 
thousand dollars. 



30 



Acts, 1899. — Chap. 41. 



Expenses of 
steamer Lex- 
ington. 



For running expenses of the steamer Lexintrton, to be 
used under the charge of the chief of the district police for 
the enforcement of the fish laws, a sum not exceeding six 
thousand dollars. 

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

Approved January 31, 1899. 



Appropriations, 



Chap. 41. An Act making appropriations for salaries and expenses in 

THE BUREAU OF STATISTICS OF LABOR. 

Be it enacted, etc., as folloics : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, to 
meet expenses for the year ending on the thirty-first day 
of December in the year eighteen hundred and ninety-nine, 
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 statistics 
of labor, two thousand dollars. 

For the salary of the second clerk of the bureau of sta- 
tistics of labor, sixteen hundred and fifty dollars. 

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

For such additional clerical assistance and for such ex- 
penses of the bureau of statistics of labor as may be neces- 
sary, a sum not exceeding six thousand dollars. 

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

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 eight hundred thirty-three dollars and thirty- 
four cents. 

For expenses in connection with taking a special census 
in towns having an increased resident population during 
the summer months, a sum not exceeding three hundred 
and fifty dollars. 

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

Approved January 31, 1899. 



Bureau of 
BtatibticB, chief. 

First cleric. 
Second clerk. 
Special agents. 



Clerical 
assistance, etc. 



Statistics of 
manufactures. 



Rent of addi- 
tional rooms, 
etc. 



Kxpenses of 
special census. 



Acts, 1899. — Chaps. 42, 43, 44. 31 



An Act making an appropriation for certain improvements QJiqj)^ 42. 
AT the state almshouse. 

Be it enacted, etc., asfolloivs: 

Section 1. A sum not exceeding twenty-five thousand "ospitaifor 

R »/ consumptives 

dollars is hereby ap[)ropriated, to be paid out of the treas- at state aims. 
ury of the Commonwealth from the ordinary revenue, for 
the purpose of completing the hospital for consumptives 
now being erected at the state almshouse, as authorized 
by chapter one hundred and seven of the resolves of the 
year eighteen hundred and ninety-eight ; said sum to be 
expended under the direction of the trustees and superin- 
tendent thereof. 

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

Apx>roved January 31, 1899. 

An Act to change the name of the second evangelical (JJiaT). 43. 

SOCIETY IN LANCASTER. 

Be it enacted, etc., as follows: 

Section 1. The name of The Second Evangelical Soci- ^''™« changed. 
ety in Lancaster, a religious society organized under that 
name on the nineteenth day of June in the year eighteen 
hundred and forty-four, which has also been known as the 
first evangelical society of Clinton, is hereby changed to 
The First Evangelical Society of Clinton, and all acts and 
doings of said society under either of said names are 
hereby confirmed. 

Section 2. All devises, bequests, conveyances and quJgtgf;,t^c!' 
gifts heretofore or hereafter made to said corporation 
under either of said names shall vest in The First Evan- 
gelical Society of Clinton. 

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

Approved January 31, 1899. 

An Act making an appropriation for current expenses at "^^^ dJian. 44. 

MASSACHUSETTS HOSPITAL FOR EPILEPTICS. 

Be it enacted, etc., asfolloivs: 

Section 1. A sum not exceeding twenty thousand JfolpTtanor"' 
dollars is hereby appropriated, to be paid out of the treas- epileptics. 
ury of the Commonwealth from the ordinary revenue, for 
the purpose of meeting current expenses at the Massachu- 
setts hospital for epileptics during the year ending on 



32 



Acts, 1899. — Chaps. 45, 46. 



Chap 



Appropriations. 



State and 
military aid. 



State and mili- 
tary aid on 
account of war 
with Spain. 



CommisBioner 
of state aid. 



Clerical assist- 
ance, etc. 



Expenses. 



the thirty-first day of December iu the year eighteen hun- 
dred and ninety-nine. 

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

Approved February 2, 1899. 

. 45. An Act making appkopriations voii the payment of state and 

MILITARY All) AND EXPENSES IN CONNECTION THEREWITH. 

Be it enacted, etc., as followa : 

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-nine, to wit : — 

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

For reimbursement to cities and towns for money paid 
on account of state aid to Massachusetts volunteers and 
their families, on account of service in the war between 
the United States and Spain, a sum not exceeding forty- 
three thousand dollars, the same to be paid on or before 
the first day of December in the year eighteen hundred 
and ninety-nine. 

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

For clerical assistance, salaries and expenses of agents, 
and other expenses of the commissioners of state aid, a 
sum not exceeding nine thousand dollars. 

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

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

Approved February 2, 1899. 



Ghap. 46. An Act making appropriations for sundry agricultural 

EXPENSES. 

Be it enacted, etc., as follows : 
Appropriationa. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 



Acts, 1899. — Chap. 4G. 33 

monwcalth from the ordinary revenue, for the purposes 
specitied, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 

For the salary of the secretary of the state board of Board of 
agriculture, twenty-five hundred dollars. secretary. 

For the salary of the first clerk of the secretary of the First cierk. 
state l)()ard of agriculture, eighteen hundred dollars. 

For the salary of the second clerk of the secretary of f^econd cierk. 
the state board of agriculture, twelve hundred dollars. 

For other clerical assistance in the office of the secre- clerical 
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 TraveiiinR 
members of the state board of agriculture, a sum not «"?«■"'««•«*'=• 
exceeding nineteen hundred dollars. 

For incidental and contingent expenses of the state incidental ex. 
board of agriculture, a sum not exceeding eight hundred p«°»'^*'^"=- 
dollars. 

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

For disseminating useful information in agriculture by Farmers* 
means of lectures at farmers' institutes, a sum not exceed- ^°* * " ^^' 
ing two thousand dollars. 

For bounties to agricultural societies, a sum not ex- Bounties. 
ceeding nineteen thousand eight hundred dollars. 

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

For the ]Mas8achu8etts Agricultural College, for the Agricultural 
purpose of providing eighty free scholarships, the sum ehlps^.^' *''*'°''*'^' 
of ten thousand dollars. 

For the Massachusetts Agricultural College, the sum Labor fund. 
of ten thousand dollars, to be expended under the direc- 
tion of the trustees for the following purposes, to wit : — 
Five thousand dollars for the establishment of a labor fund 
to assist needy students of said college, and five thousand 
dollars to provide the theoretical and practical education 
required by its charter and by 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. 



34 



Acts, 1899. — Chaps. 47, 48. 



Dairy bureau, 

executive 

oflBcer. 

Aesistant to 
secretary. 



Experts, 
chemists, etc. 



Preservation of 
siiade trees, etc. 



Collecting, etc., 
samples of con- 
centrated eom- 
niercial feed 
stuSs. 



Veterinary 
laboratory. 



For the salary of the executive officer of the state dairy 
bureau, five hundred dollars. 

For the salary of an assistant to the secretary of the 
state board of agriculture, to assist in the work of the 
state dairy bureau, twelve hundred dollars. 

For assistants, experts, chemists, agents and other 
necessary expenses of the state dairy bureau, a sum not 
exceeding seven thousand dollars. 

For purchasing nails or spikes to be driven into cer- 
tain trees designated by the authorities of cities and 
towns, for the purpose of preserving ornamental and 
shade trees on public highways, a sum not exceeding 
two hundred dollars. 

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

For a maintenance fund for the veterinary laboratory 
at the Massachusetts Agricultural College, the sum of one 
thousand dollars. 

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

Approved Februar>j 5, 1899. 



Chap. 47. ^N Act making an appropriation for the harbor improve- 
ment LOAN SINKING FUND. 



Harbor Im- 
provement Loan 
Sinking Fund. 



Be it enacted^ etc., as folloivs : 

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 ordinary 
revenue, for the Harbor Improvement Loan Sinking Fund, 
as provided for by section two of chapter five hundred and 
thirteen of the acts of the year eighteen hundred and ninety- 
seven, said sum being the estimate of the treasurer and 
receiver general. 

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

Ajyproved February 2, 1899. 



ChctV. 48. ^^ ^^"^ MAKING AN APPROPRIATION FOR THE MEDFIELD INSANE 

ASYLUM LOAN SINKING FUND. 



Be it enacted, etc., as folloivs. 



Medi5eid Insane Section 1. The suui of ciijhteen thousand nine hun- 

Asylum Loan tiith -i -ii 

Sinking Fund, drcd twclvc dollars and seventy-seven cents is hereby 



Acts, 1899. — Chaps. 49, 50. 35 

appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the Medfield 
Insane Asylum Loan Sinking Fund, as provided for hy 
section one of chapter three hundred and ninety-one of 
the acts of the year eighteen hundred and ninety-four, 
said sum being the estimate of the treasurer and receiver 
general. 

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

Approved February 2, 1899. 



Chap. 49. 



An Act making an appkopriation for the metropolitan parks 
loan sinking fund. 

Be it enacted, etc., as follows : 

Section 1. The sum of fourteen thousand seven hun- Metropolitan 
drcd ninety-five dollars and five cents is hereby appro- sinkingF^und. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the Metropolitan 
Parks Loan Sinking Fund, towards retiring the scrip 
known as series two, as provided for by chapter two hun- 
dred and eighty-eight of the acts of the year eighteen hun- 
dred 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 2, 1899. 



Chap. 50. 



An Act making an appropriation for the prison and hospital 
loan sinking fund. 

Be it enacted, etc., as folloios: 

Section 1. The sum of seventy-five hundred eighteen Prison and 
dollars and ninety-two cents is hereby appropriated, to be sinkinlF^md. 
])aid out of the treasury of the Commonwealth from the 
ordinary revenue, for the Prison and Hospital Loan Sink- 
ing Fund, as provided for by chapters four hundred and 
eight^'-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 2, 1899. 



36 Acts, 1899. — Chaps. 51, 52, 53. 



OJiap. 51. ^^ ■^C'^ MAKING AN APPROPRIATION FOK THE STATE HIGHWAY 

LOAN SINKING KUNU. 

Be it enacted, etc., as follows : 

LoanSnf SectiOx 1. Tlic suiu of fifty-tliroe thousand six hun- 
Fund. drod iiinoty-S('\on dollars and niiiety-ci<2:ht cents is liproby 

appropriated, to ])c paid out of" the treasury ot" th(> 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 l)eing 
the estimate of the treasurer and receiver general. 

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

Ajyproved February 2, 1S99. 

QllOff), 52. ^^ '^^'^ MAKING AN APPROPRIATION FOR THE STATE HOUSE LOANS 

SINKING FUND. 

Be it enacted, etc., asfoUoics: 

Lo^ans^lnMng SECTION 1. The sum of one hundred ninety-six thou- 
Fund. sand four hundred seventy-five dolhirs and seventy-one 

cents is hereby appropriated, to be paid out of the treas- 
ury 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 hun- 
dred and ninety-five, said sum being the estimate of the 
treasurer and receiver general. 

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

Ajiproved February 2, 1899. 

GhCLl). 53. ^N ^^'^ "^^ AMEND THE CHARTER OF THE HAMPDEN SAVINGS 

BANK. 

Be it enacted, etc., as follows: 

Ham^Hcu^ Section 1. Chapter ninety-eight of the acts of the 

Savings Bank year eighteen hundred and fifty-two is hereby amended 
by striking out in lines four, five and six, the words " and 
located within twenty-five rods of the present passenger 
depot of the Western railroad in that town ", so as to read 
as follows : — Albert Morgan, Chester W. Chapin, Samuel 
S. Day, their associates and successors, are hereby made 
a corporation by the name of the Hampden Savings Bank, 
to be established in the town of Springfield, with all the 
powers and privileges, and subject to all the duties, lia- 



Acts, 1899. — Chaps. 54, 55. 37 

bilities, and restrictions, set forth in the thirty-sixth chapter 
of the Revised Statutes, and in all other laws of this Com- 
monwealth relatino; to institutions for savinjTs. 

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

Approved Febniari/ 3, 1899. 



Chap. 54. 



Ax Act relative to the amount of money to be advanced 

TO THE DISBURSING OFFICER OF THE STATE BOARD OF INSANITY. 

Be it enacted, etc.., as folloios: 

Sectiox 1. There may be advanced to the disbursing Disbursing 
officer of the state board of insanity, under the provisions ho-ud^o" in-'^^*' 
of chapter tifty-eight of the acts of the year eighteen hun- boidf eu:.^''^ 
dred and ninety, a sum not exceeding fifteen hundred dol- 
lars. Such officer, for the faithful discharge of the duties 
of his office, shall give a bond with sufficient sureties in 
the sum of two thousand dollars, payable to and to be 
approved by the treasurer and receiver general. 

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

Apjiroved Febrvar}/ ,3, 1899. 

An Act making appropriations for salaries and expenses at ni^ri^^ 5"^ 

THE LYMAN SCHOOL FOR BOYS. ' 

Be it enacted., etc., aafoUoK'.'^: 

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-nine, to wit : — 

For the payment of salaries, wages and labor at the Lyman school 
Lyman school for boys, a sum not exceeding twenty-eight °' ^°^'^' 
thousand dollars. 

For current expenses at the Lyman school for boys, a Expenses. 
sum not exceeding thirty-eight thousand two hundred and 
sixty-five dollars. 

For salaries and expenses of such agents as the trustees Agents. 
of the Lyman and industrial schools may deem necessary 
to employ, a sum not exceeding seven thousand dollars. 

For expenses in connection with i)oarding out children Boarding out 
by the trustees of the Lyman and industrial schools, a "^ ' 
sum not exceeding forty-five hundred dollars. 

For the education and instruction in the public schools instruction of 
in anv citv or town in the Commonwealth of children 



38 



Acts, 1899. — Chaps. 56, 57. 



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 effect upon its passage. 

Approved February 5, 1899. 



ChaV. 56 ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 

THE MASSACHUSETTS REFORMATORY, 

Be it enacted, etc., asfollotvs: 

AppropriatioiiB, 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-nine, to wit : — 

For payment of the salaries of officers at the Massa- 
chusetts reformatory, a sum not exceeding eighty-two 
thousand dollars. 

For salaries and wages of instructors, teachers and 
other employees at the Massachusetts reformatory, a sum 
not exceeding twenty-four thousand nine hundred dollars. 

For current expenses at the Massachusetts reformatory, 
a sum not exceeding one hundred and nine thousand seven 
hundred dollars. 

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

App) roved February 3, 1899. 



Massachusetts 

reformatory, 

officers. 



Instructors, 
teachers, etc. 



Expenses. 



Chap. 57. 



Appropriations. 



State alms- 
house. 



Expenses. 



An Act making appropriations for salaries and expenses at 
the state almshouse. 

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 
thirt3^-first day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 

For the payment of salaries, wages and labor at the 
state almshouse, a sum not exceeding thirty-eight thou- 
sand six hundred dollars. 

For current expenses at the state almshouse, a sum not 
exceeding one hundred and nineteen thousand dollars. 

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

Approoed February 3, 1899. 



Acts, 1899. — Chaps. 58, 59, 60. 39 



An Act making appropriations for salaries and expenses at nhnj) 5g 

THE STATE FARM. 

Be it enacted, etc., as foUoivs : 

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-nine, 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- Espeusea. 
ceeding ninety-seven thousand dollars. 

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

Approved February 3, 1899. 



Chap. 59. 



An Act making appropriations for salaries and expenses at 

THE state prison. 

Be it enacted, etc., asfolloivs: 

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

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

Approved February 3, 1899. 



An Act making an appropriation for the compensation of njiQr)^ (jQ^ 
inspectors of animals and provisions. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding ten thousand dollars inspectors of 
is hereby ai)])ropriated, to be paid out of the treasury of prov:uionB. 
the Commonwealth from the ordinary revenue, for the 
compensation of inspectors of animals and provisions 
during the year ending on the thirtv-first dav of Decern- 



40 Acts, 1899. — Chaps. 61, 62. 

ber in the year eighteen hundred and ninety-nine, as pro- 
vided for by chapter four hundred and seventy-six of the 
acts of the year eighteen hundred and ninety-five. 

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

Approved Fehrnary 3, 1899. 

ChClV' 61. ^^ -^^^ MAKING AN APPKOPRIATION FOR THE ABOLITION OF GRADE 

CROSSINGS LOAN SiNKING FUND. 

Be it enacted, etc., asfolloivs: 
Abolition of Section 1. The sum of one hundred and fifty thou- 

Grade Cross- i»i iii- in i»i i 

in^« Loan saud five hundi'ed thirty-one dollars and eighty-three cents 

mg uu . .^ hereby appropriated, to be paid out of the treasury* of 
the Commonwealth from the ordinary revenue, for the 
Abolition of Grade Crossings Loan Sinking Fund, as pro- 
vided 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 s^eneral. 
Section 2. This act shall take eft'cct upon its passage. 

Approved February 5, 1899. 



THE HOSPITAL 
AMIiRIDGE. 



Chan 6'^ ■^^ ^^"^ "^^ provide for the completion of 

building AT THE HOUSE OF CORRECTION IN C 

Be it enacted, etc., asfolloivs: 

Hospital build- Section 1. For the purpose of completing and fur- 
correction'^u'' uisliing the liospital building at the house of correction 
Cambridge. j^^ Cambridge, the construction of which was authorized 
by chapter four hundred and six of the acts of the year 
eighteen hundred and ninety-seven, the county commis- 
sioners of the county of Middlesex are hereby authorized 
to expend, in addition to the amounts already authorized 
by law, an amount not exceeding ten thousand dollars; 
and said commissioners may at their discretion make sep- 
arate contracts for material and labor. 
May borrow Section 2. The Said commissionei'S may borrow on 

on credit of , f f • t i i i /• i 

couuty. the credit ot said county, and expend tor the purposes ot 

this act, a sum not exceeding ten thousand dollars, and 
may issue therefor the notes or bonds of said county. 
One fifth of said sum shall be paid out of the taxes of the 
year nineteen hundred and one fifth out of the taxes of 
each succeeding year until the whole indebtedness incurred 
under this act is discharged. 

Approved February 3, 1899. 



Acts, 1899. — Chaps. 63, 64. 41 



An Act making appropriations for deficiencies in appropma- nh^rr^ gQ 

TIONS KOR CERTAIN EXPENSES AUTHORIZED IN THE YEAR EIGHT- 
EEN IIDNDRED AND NINETY-EIGHT. 

JBe it enacted, etc., asfolloivs: 

Section 1. The sums hereinafter mentioned are ap- Appropriations 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the payment 
of certain expenses in excess of the appropriations there- 
for in the year eighteen hundred and ninety-eight, to 
wit: — 

For the care and maintenance of indigent and neglected indigent and 
children, the sum of ten thousand three hundred seventy- children. 
five dollars and forty-nine cents. 

For the support and transportation of unsettled pauper unsettled 
infants in this Commonwealth, the sum of eight hundred '^^"p*" 
sixty-two dollars and forty-seven cents. 

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

Approved Fehruary 7, 1899. 

An Act to cede certain land in boston harkor, and juris- f^kfj^ a± 

DICTION OVER THE SAME, TO THE UNITED STATES, FOR THE PUR- -^' 

POSE OF EXTENDING THE PRESENT LIMITS OF THE UNITED STATES 
NAVY YARD. 

Be it enacted, etc., as foUoics : 

Section 1. For the purpose of enabling the United BoetMha^bJ" 
States of America to extend the present limits of the navy ceded to the 

^ United States 

yard in Boston harbor the Commonwealth hereby grants etc. 
and cedes to the United States jurisdiction over, and all 
right and claim of the Commonwealth to, that portion of 
land covered by navigable water lying between the limits 
of the wharf line of the said navy yard, as now con- 
structed, and the pier and bulkhead line established by 
the secretary of war of the United States, shown on a 
plan entitled " Boston Harbor, Mass. Plan showing Pier 
and Bulkhead Line in front of U. S. Navy Yard. Rec- 
ommended for adoption by Col. S. M. Mansfield, corps 
of Eng'rs, U. S. Army ", and approved by the secretary 
of war on the seventh day of September in the year eight- 
een hundred and ninety-eight : provided, that a copy of P'^ovisos. 
said plan shall be filed by the United States in the ofiice 
of the secretary of the Commonwealth within one year 
from the passage of this act ; and provided, always, that 



42 



Acts, 1899. — Chaps. 65, 66. 



Proviso. 



Ceded area may 
be tilled, etc. 



the Commonwealth shall retain concurrent jurisdiction 
with the United , States in and over said ceded land, so 
far as that all civil processes and such criminal processes 
as may issue under the authority of the Commonwealth 
may be executed on said ceded land and in any building 
to be erected thereon, in the same way and manner as 
though this cession had not been made, and provided, 
further, that the title to, and the exclusive jurisdiction 
over, said ceded land shall revert to, and revest in, the 
Commonwealth, whenever said land ceases to be used by 
the United States for the purpose herein mentioned. 

Section 2. The United States government is hereby 
authorized to fill said ceded area, in accordance with plans 
to be filed with and approved by the board of harbor and 
land commissioners, and to place such structures in or 
over the said ceded area as may be necessary for the pur- 
pose for which the same is granted. 

Section 3. This act shall take efi'ect upon its passage. 

Approved February 7, 1899. 



Chap. 6^. 



May coDBtruct, 
etc., Us railway 
over private 
property. 



An Act to authorize the needham and boston street rail- 
way COMPANY TO OPERATE ITS RAILWAY OVER PRIVATE PROP- 
ERTY. 

Be it enacted., etc., as foUoivs : 

Section 1. The Needham and Boston Street Railway 
Company may construct, operate and maintain its railway 
over private property, with the consent of the owners of 
said property, and may acquire land by purchase or lease 
for such purpose. 

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

Approved February 7, 1899. 



ChaV. 66. ^^ ^^^ ^^ AUTHORIZE THE TOWN OF WAYLAND TO REFUND A 

PORTION OF ITS INDEBTEDNESS. 



May issue 
bonds or 
notes, etc. 



Be it enacted, etc., as follows : 

Section 1. The town of Way land, for the purpose of 
refunding a portion of its existing indebtedness, may issue 
bonds or notes to an amount not exceeding forty-four thou- 
sand five hundred dollars, payable within a period not ex- 
ceeding twenty years from the date of issue, and bearing 
interest, payable semi annually, at a rate not exceeding 
four per cent per annum. Such bonds or notes may be 



Acts, 1899. — Chaps. 67, 68. 43 

sold at public or private sale, and the proceeds shall be 
used to discharge an equal amount of the existing indebt- 
edness of said town. The provisions of chapter twenty- p.8.29, etc., to 
nine of the Public Statutes and of all acts in amendment ''^^'^'' 
thereof, so far as they may be applicable to, and not in- 
consistent with, this act, shall apply to the indebtedness 
hereby authorized and to the securities issued for the same. 
Section 2. This act shall take effect upon its passage. 

Approved February 7, 1899. 

An Act to legalize cektain proceedings of the town of (^hri^^ iVT 

BECKET. "' 

Be it enacted, etc., asfolloics: 

Section 1. The proceedings of the town meeting of certain pro- 
the town of Becket held on the twenty-third day of May town of Becket 
in the year eighteen hundred and ninety-six shall not be '*^8ai»z«'i- 
invalid by 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 pro- 
visions of section forty-six of chapter one hundred and 
twelve of the Public Statutes. 

Section 2. The action of said town at said town meet- certain action 
ing in agreeing to subscribe for stock of the Chester and '^°" 
Becket Railroad Company to the amount of three thou- 
sand dollars, and all votes passed at said meeting in rela- 
tion thereto, are hereby legalized and confirmed, notwith- 
standing any irregularities in the proceedings of said 
meeting. 

Section 3. Chapter two hundred and eighty-eight of Repeal, 
the acts of the year eighteen hundred and ninety-eight is 
hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved February 7, 1899. 



Chap. m. 



An Act making appropriations for salaries and expenses in 
the department of the adjutant general, and for sundry 
other military expenses. 

Be it enacted, etc., as folloics : 

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



44 



Acts, 1899. — Chap. 68. 



Adjutant 
general. 



First clurk. 
Beeoud clerk. 



Additional 
clerk. 



Extra clerks. 



Messenger. 



Clerical 
assistance. 



Militia com- 
pensation. 



Transportation , 



Expenses. 



Rent of 
armories. 



Quarter- 
masters' sup- 
plies. 

Expenses. 



Camp ground. 



Military 
accounts. 



Record of 
officers, sailors 
etc. 



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

For the salary of the adjutant general, thirty-six hun- 
dred dollars. 

For the salary of the first clerk of the adjutant general, 
twenty-two hundred dollars. 

For the salary of the second clerk of the adjutant gen- 
eral, sixteen hundred dollars. 

For the salary of an additional clerk in the adjutant 
general's department, two thousand dollars. 

For the salaries of the two extra clerks in the adjutant 
general's department, twelve hundred dollars each. 

For the salary of the messenger of the adjutant general, 
eight hundred dollars. 

For such additional clerical assistance as the adjutant 
general may deem necessary, and for the compensation of 
employees at the state arsenal, a sum not exceeding sixty- 
three hundred dollars. 

For the compensation of officers and men of the vol- 
unteer militia, a sum not exceeding one hundred and forty- 
six thousand eight hundred dollars. 

For transportation of oflicers and men of the volunteer 
militia, when on military duty, a sum not exceeding nine- 
teen thousand dollars. 

For incidental and contingent expenses in the adjutant 
general's department, a sum not exceeding four thousand 
dollars. 

For rent of brigade and battalion headquarters and com- 
pany armories, a sum not exceeding thirty-seven thousand 
dollars. 

For quartermasters' supplies, a sum 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 Framingham, a sum not exceeding one thou- 
sand dollars. 

For military accounts in connection with the volunteer 
militia not otherwise provided for, a sum not exceeding 
four thousand dollars. 

For expenses in connection with the record of Massa- 
chusetts officers, sailors and marines, a sum not exceeding 
two thousand dollars. 



Acts, 1899. — Chap. 69. 45 

For expenses of the care, hcatiug, lighting and furnish- ImiorL.etc. 
ing of 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 Janitors. 
exceeding seven thousand dollars. 

For allowance and repairs of clothing of the volunteer cioihiug. 
militia, a sum not exceeding nine thousand dollars. 

For expenses in connection with the rifle practice of the ume practice. 
volunteer militia, a sum not exceeding lifteen thousand 
dollars. 

For the salary of the surgeon general, twelve hundred f;!",f ° ^^°" 
dollars. 

For medical supplies for the use of the volunteer militia, Me<iicai sup. 
and for incidental and contingent expenses of the surgeon p''*'^* 
general, a sum not exceeding two thousand eight hundred 
dollars. 

For care, furnishing and repairs of the United States Care, etc., of 
steamer Minnesota, which has been loaned to the Com- Minnesota. 
monwealth and is now being used as^an armory for the 
naval militia, a sum not exceeding four thousand dol- 
lars. 

Any sums of money received under the provisions of afllmplro'und. 
section eighty-seven of chapter three hundred and sixty- 
seven of the acts of the year eighteen hundred and ninety- 
three, and from the sale of grass at the camp ground at 
Framingham during the year eighteen hundred and ninety- 
nine, may be expended by the quartermaster general during 
the present year, under the direction of the governor and 
council, for the construction and repair of buildings and 
other structures. 

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

Approved February 9, 1899. 



An Act making an appropriation for the Massachusetts 
war loan sinking fund. 



Chap. 69. 



Be it enacted^ etc., as follows: 

Section 1 . The sum of twenty-one thousand four hun- Massachusetts 
dred fourteen dollars and sixty-nine cents is hereby appro- sinking Fund. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the Massachusetts 
War Loan Sinking Fund, as provided for by section eight 
of chapter five hundred and sixty-one of the acts of the 



46 



Acts, 1899. — Chaps. 70, 71. 



year eighteen hundred and ninety-eight, said sum being 
the estimate of the treasurer and receiver general. 

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

Approved February 9, 1899. 



ChnV 70. •^^ -^^^ MAKING APPROPRIATIONS FOR THE EXPENSES OF THE 
BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS. 

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

To carry out the provisions of the act to promote the 
establishment and efiiciency of free public libraries, a sum 
not exceeding five hundred dollars. 

For clerical assistance, and incidental and necessary ex- 
penses of the board of free public library commissioners, 
a sum not exceeding five hundred dollars. 

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

Approved February 9, 1899. 



Free public 
libraries. 



Clerical as- 
eistance, etc 



Chaj?. 71. 



Appropriations, 



Civil service 
coinmissiou. 



Chief examiuer. 



Secretary. 



Registrar of 
labor. 



Expenses. 



An Act making appropriations for salaries and expenses in 
the office of the civil service commission. 

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-nine, to wit : — 

For the compensation and expenses of the members of 
the civil service commission, a sum not exceeding two 
thousand dollars. 

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

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

For the salary of the registrar of labor of the civil ser- 
vice commission, two thousand dollars. 

For clerical assistance, expenses of examinations, print- 
ing civil service rules and regulations and other infonua- 



Acts, 1899. — Chaps. 72, 73. 47 

tion for the use of applicants, printing, advertising and 
stationery, travelling and incidental expenses of the chief 
examiner, commissioners and secretary, and necessary 
office expenses, a sum not exceeding fifteen thousand 
dollars. 

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

Approved February 9, 1899. 

An Act to incorporate the nonotuck savings bank. Chan. 72. 

Be it enacted^ etc. , as follotcs : 

Section 1 . Robert W. Lyman, Isaac Bridgman, George Nonotuck sav- 
L. Loomis, Hubbard M. Abbott, Haynes H. Chilson, Wil- Inforpo^^ted. 
liam H. Clapp, Edwin H. Banister, Oriville W. Prouty, 
William A. Coburn, Edward P. Copeland, George Wat- 
son Clark, Edwin W. Higbee, Elmer H. Copeland, Matthew 
Grogan, Charles N. Fitts, Luther C. Wright, A. Lyman 
Williston, Abraham Sherwin, Charles W. Kinney, Wil- 
liam Godfrey, Richard W. Irwin, Lyman D. James, H. 
Norman Gardiner, Andrew T. Sawin, Edward K. Par- 
sons and Henry A. Parsons, their associates and suc- 
cessors, are hereby made a corporation by the name of 
the Nonotuck Savings Bank, with authority to establish 
and maintain a savings bank in the city of Northampton ; 
with all the powers and privileges and subject to all the 
duties, liabilities and restrictions set forth in all general 
laws which now are or hereafter may be in force relating 
to savinjjs banks and institutions for savings. 

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

Approved February 9, 1899. 



Chap, 73. 



An Act to authorize the vesper boat club and the lowell 
country club to consolidate. 

Be it enacted, etc., asfoUoivs: 

Section 1. The Vesper Boat Club of Lowell and The vesper Boat 
Lowell Country Club, at corporate meetings called for the Loweircountry 
purpose by their respective acting secretaries, may within 2]ii!iate''uJde"r 
two years from the passage of this act, by vote of two the name of 

*' '^c 1 . Vesper-Country 

thirds oi the members who may be present and voting at ciub. 
said meetings, respectively, agree to unite and consolidate 
the said corporations, under the name of the Vesper-Coun- 
try Club, and such vote so passed by said corporations 
shall be effectual to unite and consolidate said corpora- 



48 Acts, 1899. — Chap. 74. 

tions ; and thereafter all the franchises and property, 
rights, easements, privileges and powers granted to or 
/ held l)j said Vesper Boat Club, or by said Lowell Coun- 

try Club, shall be vested in, held and enjoyed by said 
Vesper-Country Club, in as full and ample a manner as 
if they had been at first granted directly to said last 
named corporation. All claims, contracts, rights and 
causes of action of or against eithei' component corpora- 
tion, at law or in equity, may be enforced by action or 
suit by or against said Vesper-Country Club. 
First meeting. SECTION 2. The first meeting of the Vesper-Country 
(ylub for organization shall be called by the acting secre- 
taries of the component corporations, or either of them, 
and not less than seven days' notice of such meeting shall 
be given, by publication in two newspapers in the city of 
Lowell. After the organization of said Vesper-Country 
Club each of the component corporations shall continue 
for the purpose of perfecting said union and doing all 
such acts and things, if any, as may l)e necessary there- 
for, and shall execute all such transfers, assignments and 
conveyances as the Vesper-Country Club may deem neces- 
sary or expedient to vest in itself any property, estates, 
contracts, rights or claims, if any there l)e, which do not 
vest in it by force of this act. 

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

Approved February 9, 1899. 

ChciJ). 74 ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES OF EMPLOYKKS, 
AND OTHER NECESSARY EXPENSES IN THE DEPARTMENT OF THE 
SERGEANT- AT-ARMS. 

Be it enacted^ etc., as follows: 

AppropriatioDB. 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-nine, to wit : — 

Engineer's For the Salaries of the chief engineer and other em- 

ployees in the engineer's department, a sum not exceeding 
ten thousand two hundred dollars. 

Watchmen, etc. For the Salaries of the watchmen and assistant watch- 
men at the state house, a sum not exceeding eleven thou- 
sand one hundred dollars. 



Acts, 1899. — Chap. 74. 49 

For the salaries of firemen, oilers and cleaners at the Firemen, etc. 
state house, a sum not exceeding ten thousand five hun- 
dred dollars. 

For the salaries of the elevator men, and expenses in Eievatore. 
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 special meg. 
at the state house, a sum not exceeding five thousand three 
hundred dollars. 

For rent of telephones and expenses in connection there- xciephoneB. 
with at the state house, a sum not exceeding five thousand 
dollars. 

For fuel and lights at the state house, including coal, nghtB**"^ 
water, gas, and removal of ashes, a sum not exceeding 
thirty thousand dollars. 

For the care of the state house and sfrounds, including care of state 

/».. 1 -ji I' ' ^ 1 house, etc. 

repairs, turniture and repairs thereoi, and such expenses 
as may be necessary at the various buildings on Mount 
Vernon Street now occupied by state departments, a sum 
not exceeding twenty-five thousand dollars. 

For new furniture and fixtures, a sum not exceeding New furniture, 

etc 

five thousand dollars. 

For the salaries of the messengers to the sergeant-at- Messengers. 

cT* ^o ^ etc. 

arms, known as sergeant-at-arms' messengers, including 
an office boy, a sum not exceeding forty-two hundred 
dollars. 

For incidental and contingent expenses of the sergeant- pens'lT^etc^^ 
at-arms, a sum not exceeding three hundred dollars. 

For the salary of the stenographer of the sergeant-at- stenographer. 
arms, a sum not exceeding eight hundred dollars. 

For the salary of the state house matron, a sum not Matron. 
exceeding eight hundred dollars. 

For the salary of the janitor at the Commonwealth janitor, com. 
building, a sum not exceeding nine hundred dollars. ™ui"ding.^' 

For repairs, improvements, furniture and other neces- Repairs, etc. 
sary expenses at the Commonwealth building, a sum not 
exceeding three thousand dollars. 

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

Approved February 10, 1899. 



50 Acts, 1899. — Chaps. 75, 76. 



Chap, 75. -^N Act to extend the time for the filing of applications 

FOR bounties to MASSACHUSETTS SOLDIERS. 

Be it enacted^ etc., as follows: 

Time extended. SECTION 1. The time for filing applications for bounties 
to Massachusetts soldiers, under section five of chapter 
five hundred and twenty-five of the acts of the year eight- 
een hundred and ninety-eight, is hereby extended to the 
first day of June in the year eighteen hundred and ninety- 
nine. 

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

Ai)prooed February 11, 1899. 

Chap. 76. ^^ ^^"^ "^O INCORPORATE THE TRUSTEES OF THE FRENCH PROTES- 
TANT CHURCH OF LOWELL. 

Be it enacted, etc., as follows : 

Frencrprmel"^ Section 1. Albert D. Carter, Jacob H. Sawyer, James 
tant Church of G. Buttrick, Ai'tcmas B. Woodworth, Sullivan L. Ward, 
porated. Alexander G. Cumnock, Samuel N. Wood, Joseph S. 

Brown and William H. Wig^in, surviving trustees under 
a deed of trust from William H. Parker, dated the twenty- 
third day of May, eighteen hundred and eighty-one, and 
recorded in the registry of deeds for the northern district 
of the county of Middlesex, in book one hundred and 
forty-five, page five hundred and seventy, and their asso- 
ciates and successors, are hereby made a body corporate 
under the name of the Trustees of the French Protestant 
Church of Lowell, for the purposes hereinafter set forth, 
with all the powers and privileges and subject to all the 
duties, restrictions and liabilities of the general laws that 
now^ are or hereafter may be in force relating to such cor- 
porations. 
May hold in SECTION 2. Said corporatlou shall have authority to 

trust real and iii- \^ ^ -i i iiii-i 

personal estate, hold lu trust all real and personal estate now held by said 
trustees, or that shall hereafter be given, granted, con- 
veyed, bequeathed or devised to it and accepted by it for 
the benefit of said church and its successors, or for any 
purpose connected therewith, to an amount not exceeding 
in all one hundred thousand dollars, upon such terms, 
trusts, conditions, restrictions and limitations as shall be 

Proviso. imposed by any such gift, conveyance or devise : provided^ 

always, that the principal and income thereof shall be ap- 
propriated for the benefit of said French Protestant Church, 



Acts, 1899. — Chap. 77. 51 

or of some charital)le or religious object connected there- 
with. 

Section 3. The real and personal estate of said cor- to be exempt 
poration shall be exempt from taxation to the same ex- ff°" 'a'''^"°»- 
tent that it would be if it were held in the name of or 
owned by said church. 

Section 4. The trustees shall be subject at all times TiusteeBBub- 
to the control of the proper courts of equity in this Com- oTprope"^'^''^ 
mon wealth. "°"'^'*- 

Section 5. Said trustees shall, as soon as may be after Trustees, or. 
the passage of this act, organize by the election by ballot g'*°'^'*"°°' «'<=• 
from their number, of a president, a clerk, and a treas- 
urer. They may at any time by ballot, at a meeting called 
for that purpose, increase the number of trustees to any 
number not exceeding twelve ; and whenever any vacancy 
in their number occurs by reason of death, resignation or 
otherwise, they shall elect by ballot a successor to fill such 
vacancy, who shall have the same powers and authority as 
the other members of said corporation. 

Section 6. No member of said corporation shall re- Members not to 
ceive any pecuniary compensation for his services. ntary^compen- 

Section 7. This act shall take eflect upon its passage. 

Approved February 11, 1899. 

An Act making appropriations for expenses of the court of 
registration. 



eation. 



Chap. 77. 



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-nine, to wit : — 

For the salary of the judge of the court of registration, Judge of court 
the sum of four thousand five hundred dollars. °^ registration. 

For the salary of the assistant judge of the court of Assistantjiuige. 
registration, four thousand dollars. 

For the salary of the recorder of the court of registra- Recorder. 
tion, four thousand five hundred dollars. 

For assistance in the land office of the court of regis- Aesistancein 
tratiou, a sum not exceeding thirty-five hundred dollars. 

For the compensation of assistant recorders and for Assistant re- 

-, . , . \ . , . . /. 1 1 corders, etc. 

clerical service in the several registries oi deeds, a sum 
not exceedinir fifteen hundred dollars. 



52 Acts, 1899. — Chaps. 78, 79. 

IxpeuB^! ^^^' sheriffs' bills, advertising, surveyinir, and sundry 

incidental expenses, a sum not exceeding three thousand 
nine hundred twenty-five dollars. 

Expenses of Yov the cxpenscs of examininij titles, a sum not exceed- 

exaniiniDg . i i i ii 

titles. ing twelve thousand dollars. 

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

Approved Febmarij 11, 1S09. 

(JhCiD. 78. ^^ ^^^ MAKIXG AX APPROPKIATIOX FOR THE PAYMEXT OK THE 
TUITIOX OK CHILDKEX ATTEXDIXG SCHOOL OUTSIDE THE TOWN 
IX WHICH THEY RESIDE. 

Be it enacted, etc., asfolloics: 
Tuition of cer- SECTION 1. A sum not Gxceedinoj eiofhty-five hundred 

tain children. t,, ., ., i'i/»i 

dollars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, for 
the payment of the tuition of children of any town in 
which a high school or school of corresponding grade is 
not maintained, who may attend a high school outside the 
town in which they reside. 

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

Approved Februanj 11, 1S99. 

CiiOLD. 79. -^ -^^"^ "^^ AUTHORIZE THE CITY OK EVERETT TO INCUR INDEBTED- 
NESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as foUoivs : 
Everett Sewer Section 1. The city of Evcrctt, for the purpose of 
completing its system of sewerage and of sewage disposal 
and for the purchase of lands necessarj^ therefor, may in- 
cur 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, as the city 
council shall determine. Said bonds shall be denominated 
on the face thereof, Everett Sewer Loan, and shall be 
signed by the mayor and treasurer of said city. Except 
as herein otherwise provided the provisions of chai)ter 
twenty-nine of the Public Statutes and of all 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. 

Section 2. Tbi« act shall take effect upon its passage. 

Approved February 11, 1899. 



Acts, 1899. — Chaps. 80, 81, 82. 53 



An Act making an appropriation fob contindixg the avork rjJinj) §Q 

OF EXTERMINATING THE GYPSV MOTH. ^ 

Be it enacted^ etc., as foUoics: 

Section 1. The sum of thirty thousand dollars is Extormiii.ition 
hereby appropriated, to be paid out of the treasury of moth! ^* ''^^ 
the Commonwealth from the ordinary revenue, to be ex- 
pended under the direction of the state board of agricult- 
ure, as authorized by chapter two hundred and ten of the 
acts of the year eighteen hundred and ninety-one, for con- 
tinuing the work of exterminating the gypsy moth ; said 
sum to be in addition to any amount unexpended of the 
appropriation of the year eighteen hundred and ninety- 
eight, but no part of said sum shall be available for ex- 
penses incurred after the thirtieth day of May in the year 
eighteen hundred and ninety-nine. 

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

Approved Fehraanj 11, 1899. 



Chap. 81. 



in cerUiiu cases. 



An Act relative to insolvent estates of deceased persons. 
Be it enacted, etc., as follows : 

Section 1. The probate court may, upon the applica- Probate court 
tion of the administrator of an insolvent estate or of the "sp^un'Je craims 
executor of the will of an insolvent person, examine upon 
oath any person whose claim has been allowed against such 
estate, unless such allowance has been made by the superior 
court on appeal, and may summon any person to give evi- 
dence concerning such claim, and may, on such notice to 
parties in interest as the court ma}^ deem proper, alter or 
exj)unge such claim when the evidence shows that it is 
founded in whole or in part in fraud, illegality or mistake. 

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

Aj)proved Fehniary 13, 1899. 



Chap. 82. 



An Act to authorize the toavn of natick to incur indebted- 
ness FOR GRADE CROSSING PURPOSES. 

Be it enacted, etc. , us foUoics : 

Section 1. The town of Xatick, for the purpose of Natick Grade 

, ' II, Crossing Loan. 

meeting its proportion ot the damages and expenses in- 
curred in the al)olition of grade crossings under the pro- 
visions of chapter four hundred and twenty-eight of the 



54 Acts, 1899. — Chap. 83. 

acts of the year eigliteen hundred and ninety, and of acts 
in amendment thereof, may incur a debt not exceeding 
fifty thousand dollars, and may from time to time issue 
negotiable bonds, notes or scrip not exceeding such sum. 
Such bonds, notes or scrip shall bear on their face the 
words, Natick Grade Crossing Loan, shall be payable at 
the expiration of periods not exceeding thirty years from 
the date of issue, shall bear interest at a rate not exceed- 
ing four per cent per annum, and shall be signed by the 
treasurer and countersigned by the selectmen of the town. 
Said town may sell such securities at public or ))rivate 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it 

Proviso. may deem proper : provided, that such securities shall not 

be sold or pledged for less than the par value thereof and 
accrued interest. 

Not to be con- Section 2. The indebtedness incurred under this act 

sidered in , ... 

determining shall uot bc cousidcrcd or reckoned in determining the 
authorized limit of indebtedness of the town of Natick 
under the provisions of section four of cha[)ter twenty- 
nine of the Public Statutes and of acts in amendment 
thereof. 

P8 29, etc., to Section 3. Except as herein otherwise provided the 

jinnlv A ^ A 

provisions of chapter twenty-nine of the Public Statutes 
and of acts in amendment thereof shall apply to the issue 
of said bonds, notes or scrip. 

Section 4. This act shall take effect upon its passage. 

Approved February 15, 1899. 

Chap, 83. An Act to authorize the town of andover to unite under 

A BOARD OF PUBLIC AVORKS ITS HOARD OF AVATER COMMIS- 
SIONERS AND ITS liOAlfD OF SEWER COMMISSIONERS. 

Be it enacted, etc., as follows: 

Town of Section 1. The town of Andover may at its next 

^iec^t°Iborryof regular town meeting or at a s})ecial town meeting called 
public works, for that purpose elect a board of public works, to consist 
of five members, to hold oftice, one for one year, two for 
two years and two for three years, respectively, from the 
date of the meeting at which they are elected if the same 
is an annual meeting ; and if they are elected at a special 
meeting they shall hold office until one, two and three 
years, respectively, from the annual meeting next follow- 
ing their election, and in cither case until tlieir successors 
are chosen ; and at each annual town meeting when the 



apply. 



Acts, 1899. — Chap. 84. 55 



term of any member of said board expires said town shall 
elect one or two members of said board, as the case may 
be, to serve for three years or until a successor is elected. 
If a vacancy occurs in said board said town may at any 
meeting called for the purpose elect a person to fill said 
vacancy. 

Section 2. The said board of public works shall have Rights, powers, 
all the rights, powers and authority vested in the water *'°' 
commissioners of Andover under chapter four hundred 
and thirty-nine of the acts of the year eighteen hundred 
and eighty-seven, and amendments thereto, and in the 
board of sewer commissioners under chapter two hundred 
and thirty- six of the acts of the year eighteen hundred 
and ninety-three, and amendments thereto. 

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

Approved February 16, 1899. 



An Act to authokize the town of north andover to issue (JJk^j)^ 34^ 
water bonds. 

Be it enacted, etc., asfolloios: 

Section 1. The town of North Andover may, for the North Andover 
purpose of extending and completing its system of water 
works, issue from time to time bonds, notes or scrip to 
an amount not exceeding forty thousand dollars, in addi- 
tion to the indebtedness already authorized by section six 
of cha})ter two hundred and two of the acts of the year 
eighteen hundred and ninety-three. Such bonds, notes 
or scrip shall bear on their face the words. North Andover 
AVater Loan, shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue, or 
earlier at the option of said town, shall bear interest pay- 
able semi-annually at a rate not exceeding five per cent 
per annum, and shall be signed by the treasurer of said 
town and countersigned by the board of water commis- 
sioners. Said town may sell or dispose of said securities, sinking fund. 
and sliall at the time of contracting said loan establish a 
sinking fund and provide for the payment of said loan in 
accordance with the provisions of section six of chapter 
two hundred and two of the acts of the year eighteen 
hundred and ninety-three. All other provisions of said 
chapter two hundred and two shall apply to this loan so 
far as the same are not inconsistent with the provisions 
of this act. 



56 



Acts, 1899. — Chaps. 85, 86. 



When to take 
effect. 



Chap 



Section 2. This act shall take effect upon its accept- 
ance by the said town at any legal town meeting within 
three years from its passage. 

Approved February 16, 1899. 



§5 An Act relative to the securing of materials by cities 
and towns for the construction, repair or improvement 
of streets or ways. 



P. S. 49, § 99, 
amended. 



may be taken 
materials for 
the construc- 
tion, etc., of 
atreeta. 



Be it enacted, etc. , as follows : 

Section 1. Section ninety-nine of chapter forty-nine 
of the Public Statutes is hereby amended by striking out 
the words "as gravel and clay pits", in the fourth line, 
and also by striking out the words " earth and gravel", 
in the fifth line, and inserting in place thereof the word : 

Cities and towns — materials, — so as to read as follows: — Section 99. 

i^ndf?om which The mayor and aldermen of cities, and the selectmen or 
road commissioners of towns, may select and lay out land 
within their respective limits, not appropriated to public 
uses or owned by any other city or town, from which may 
be taken materials necessary for the construction, repair, 
or improvement of streets or ways ; and may lay out such 
ways as they deem necessary for convenient access thereto. 
All proceedings in relation to such land and ways shall 
be the same as are provided in the laying out of streets 
and town ways respectively ; and the report of such lay- 
ing out shall specify the extent and depth of excavation 
to be permitted, and the time, not exceeding ten years, 
during which such land or way shall be held and used. 
Section 2. This act shall take effect upon its passage. 

Approved February 16, 1899. 



Topographical 
survey. 



Chap. SG. -^N ^CT MAKING AN APPROPRIATION FOR EXPENSES IN CONNECTION 
WITH THE TOPOGRAPHICAL SURVEY AND MAP OF MASSACHUSETTS. 

Be it enacted, etc., as folloios : 

Section 1. The sum of twenty thousand dollars is 
hereby appropriated, to be paid out of the treasury of the 
Commonwealth from the ordinary revenue, for meeting 
the expense of the determination of town boundary lines, 
and the expense of the regular work of the commission 
on topographical survey and map of Massachusetts during 
the year ending on the thirty-first day of December in the 
year eighteen hundred and ninety-nine. 

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

Approved February 16, 1899, 



Acts, 1899.— Chaps. 87, 88, 89. 57 



An Act making an appropriation for the expense of en- (JJku) g7 

FORCING the law TO REGULATE THE PRACTICE OF PHARMACY. " 

Be it enacted, etc., as follows: 

Section 1. The sum of sixt^'-five hundred dollars is Enforcing law 
hereby appropriated, to be paid out of the treasury of pnlctlce^of 
the Commonwealth from the ordinary revenue, for the p'^'^'^'^'y- 
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-tirst day of Decem- 
ber in the year eighteen hundred and ninety-nine. 

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

Approved February 16, 1899. 

An Act making appropriations for the Massachusetts iios- Qj/aqy §8. 

PITAL FOR consumptives AND TUBERCULAR PATIENTS. 

Be it enacted, etc., as folloivs : 

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

For the care and maintenance of the Massachusetts MasBachnsetts 
hospital for consumptives and tubercular patients, a sum consurapthes 
not exceeding forty thousand dollars. paueuu)*^"^" '" 

For meetino; a deficiency incurred in equipping said Deficiency 

1x10 iDcurr6d in 

hospital, the sum of sixty-four hundred thirty-five dollars equipping 
and ninety-eight cents. °^^^^^ ' 

For the better equipping and furnishing of said hospital For furnishing, 
during the year eighteen hundred and ninety-nine, a sum 
not exceeding six thousand dollars. 

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

Apprroced Februari/ 16, 1899. 



Chap. 89. 



An Act to authorize the citv of boston and the city of 

NEWTON to make CONTRACTS FOR THE DISPOSAL OF CERTAIN 
sewage and WATER. 

Be it enacted, etc., as foUoivs : 

Section 1. If the city of Newton and the city of Bos- cityofxewton 
ton shall so agree the city of Newton may deliver sewage for^dispoBai 
from its sewers now constructed or hereafter to be con- age^etc!" ^^"^ 



58 Acts, 1899. — Chaps. 90, 91. 

striicted in tho easterly part of said city, and ground and 
surface water from conduits therefor now constructed or 
hereafter to be constructed in said part of said city, and 
the city of Boston may receive into its sewers and con- 
duits said sewage and water, and dispose of the same 
under such agreement or agreements as have been or 
shall hereafter be made by said cities, 
menrlonfimed. Section 2. The agreement purporting to be made b}' 
said cities relating to said sewage, dated the fourth day 
of January in the year eighteen hundred and ninety-nine, 
is hereby ratified and confirmed. 

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

Approved February 16, 1899. 

Chap. 90. An Act to provide for the deposit of money in a savings 

BANK IN THE NAME OF A JUDGE OF PROBATE, AND FOR THE 
PAYMENT OF SUCH DEPOSIT. 

Be it enacted, etc., as follows: 
DepositBin SECTION 1. Whenever any executor, administrator, 

savings bunks t i c i • i 

may be made trustcc or guardiau has a sum of money which, on ac- 
judge of probate couut of tliG abscHce or iucompcteucy of the person en- 
in certain cases, ^-^^gj thereto, or for other cause, he deems it advisable to 
deposit in a savings bank in the name of a judge of pro- 
bate for the benefit of such person, he may petition the 
probate court by Avhich he was appointed for leave so to 
do, and said court may in its discretion, without notice, 
direct the same to be done. When the deposit is made 
the deposit book of the bank shall be filed in said court. 
pepoBitmaybe Section 2. When the ijerson entitled to a deposit 

transferred. , , ,, ', .i-.i 

made as aloresaid satisfies said probate court ot his right 
to receive it the said court by its decree shall cause it to 
be transferred to him. 

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

Approved Fehraary 17, 1899. 



Chap. 91. 



An Act relative to the price of certain avrits. 
Be it enacted, etc., an follows : 
i^rice of certain Sectiox 1. The fifth clausc of scctioH four of chapter 
one hundred and ninety-nine of the Pul)lic Statutes is 
hereby amended by striking out in the second line, the 
word "forty", and inserting in place thereof the word: 
— five, — so as to read as follows: — For a writ of re- 



wnts. 



Acts, 1899. — Chaps. 92, 93. 59 

view or other writ in civil proceedings, not before men- 
tioned, five cents. 

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

ApjJi'oved February 17, 1899. 

An Act to incorporate the federal trust company, Chnn 09 

Be it enacted, etc., as follows : 

Section 1. James W. Kenney, Thomas B. Fitzpat- Federal Trust 
rick, Josiah S. Dean, James M. Morrison, Charles J. co^rpor^alld."" 
Connelly, John W. Home, William J. Emerson, Thomas 
L. Jenks, Joseph B. Horton, Jeremiah C. Spillane, John 
J. Johnston, William J. Carlen, Pierce Powers, John E. 
Stanton, John B. Fitzpatrick, Lawrence J. Logan, Thomas 
F. Galvin and Joseph H. O'Neil, their associates and suc- 
cessors, are hereby made a corporation under the name 
of the Federal Trust Company. 

Section 2. Said corporation shall have authority to May maintain a 
establish and maintain a safe deposit and trust company tru!t'l1)'!i°pany '^ 
in the city of Boston, with all the powers and privileges in Boston, etc 
and subject to all the rights, duties, liabilities and restric- 
tions set forth in all general laws which now are or here- 
after may be in force relating to such corporations. 

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

Approved February 17, 1899. 

An Act relative to the filling of vacancies in the board (^'hrfn C)Q 

OF aldermen of the city of NEWTON. 

Be it enacted, etc. , as folloivs : 

Section' 1. Any vacancy occurring in the board of Fuungof 
aldermen of the city of Newton shall hereafter be filled board of aider. 
by the existing board for the remainder of the municipal "^°° Newton. 
year in which such tacancy occurs. If the vacancy ex- 
tends beyond such municipal year it shall be filled for the 
following numicipal year at the annual election, provided 
that the meeting for said election has not been called by 
the board of aldermen before the vacancy occurs. If said 
meeting has been so called said vacancy shall be filled by 
the l)oai'd of aldermen of the following municipal year for 
the unexpired term. Every election by the board shall be 
by ballot, after notice of at least one week, printed in at 
least one newspaper pul)lished in said city, and the vote 
of a majority of members shall be necessary for an election. 



60 Acts, 1899. — Chaps. 94, 95. 

uepeai. Section 2. Sections four, seven and thirty-seven of 

chapter two hundred and eighty-three of the acts of the 
year eighteen hundred and ninety-seven, so far as the 
same relate to the filling of vacancies in the board of 
aldermen, are liereby repealed. 

Section 3. This act shall take eft'ect upon its passage. 

Approved February 21, 1899. 

Chc(f), 94. ^^ "^^'^ MAKING AN APPKOPKIATION FOR OPERATING THK NEPONSET 
RIVER VALLEY SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 
Neponset river SECTION 1. A sum uot exccedinof twentv-onc thousand 

valley system ^.i i-. ■, . •iiii«ti 

of sewugc five hundred and ninety-eight dollars is hereby appropri- 
isposa . ated, to be paid out of the treasury of the Commonwealth 

from the ordinary revenue, for the cost of maintenance 
and operation of the Neponset river valley system of sew- 
age disposal during the year ending on the thirty-first day 
of December in the year eighteen hundred and ninety- 
nine. 

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

Approved February 23, 1899. 

Chcin. 95. An -Act I>f ADDITION TO AN ACT MAKING APPROPRIATIONS FOR 
DEFICIENCIES IN APPKOPHIATIONS FOR CEItTAIN EXPENSES AU- 
THORIZED IN THE YEAR EIGHTEEN HUNDRED AND NINETY-EIGHT. 

Be it enacted, etc., as foUoivs : 

AppropriationB. 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 made 
therefor in the year eighteen hundred and ninety-eight, 
to wit : — 

de^dBioDB."^ For expenses of the reporter of decisions, the sum of 

one hundred and twenty dollars. 

Registration ^ov registration books and blanks, the sum of one hun- 

booKB aim , O , ' 

blanks. drcd ninety-niiie dollars and ten cents. 

state fire Yov expcnscs iu the office of the state fire marshal, the 

marshal. ' , 

sum of nine hundred twenty-four dollars and forty-two 
cents. 
Decennial Yov expciiscs in conncctioH with the decennial census, 

census. I i 1 1 i <> 

the sum of sixteen hundred seventy dollars and forty 
cents. 



Acts, 1891). — Chaps. 96, 97. 61 

For expenses at the Lyman school for boys, the sum Lyman school 
of twenty-two hundred twenty-eight dollars and twenty- °'^^°^^' 
one cents. 

For the purchase of paper for the Commonwealth, the Purchase of 
sum of thirty-one hundred seventy-two dollars and sixty ^''''"^'" 
cents. 

For the support of pauiiers in the Massachusetts School Massachuseus 

iT-iii-111 <»/> 1 1 • Bohool for the 

tor the r eeble-mmded, the sum ot lorty-one hundred nmety Fuebie minded. 
dollars and sixteen cents. 

For expenses of the cattle commissioners, the sum of Cattie commis. 
forty-five hundred fourteen dollars and seventy-nine cents. 

For the support and relief of state insane [)aupers in state insane 
the hospitals and asylums of the Commonwealth, the sum ^''"p®"* 
of seventeen tiiousand five hundred ninety-four dollars and 
thirty-five cents. 

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

Approved Fehraanj 28, 1S99. 

An Act making an appropriation for operating the charles nhrj^h 96 

RIVER VALLEY SYSTEM OF SEWERAGE. -/ ' ' 



Be it enacted, etc., as follows. 



Section 1. A sum not exceeding forty-seven thousand vaiie^'^s^lllm 
three hundred and seventy-six dollars is hereby appro- of sewerage. 
])riated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purpose of 
providing for the cost of the maintenance and operation 
of the sj'stem of sewage disposal for the cities of Boston, 
Newton and AValtham, and the towns of Watertown and 
Brookline, known as the Charles River Valley System, 
dunng the xcslv ending on the thirty-first day of Decem- 
ber in the year eighteen hundred and ninety-nine. 

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

Approved February 23, 1899. 



Chap. 9: 



An Act making appropriations for salaries and expenses at 
the state industrial school for girls. 

Be it enacted, etc., asfolloics: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasur}^ 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-nine, to wit : — 



62 



Acts, 1899. — Ch.vps. 98, 99. 



fcho1)i°for*i'r'ri. Fo^ t^^ payment of salaries, wages and labor at the 
stat€ industrial school for girls, a sum not exceeding four- 
teen thousand two hundred and tiftv dollars. 



Expeneee. 



Boarding out 
younger girls. 



Education of 
children 
boarded out. 



Por current expenses at the state industrial school for 
girls, a sum not exceeding twenty thousand one hundred 
and twenty-five dollars. 

For expenses in connection with boarding out younger 
girls from the state industrial school for girls, a sum not 
exceeding twenty-five hundred 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 one hundred and 
twent}'-five dollars. 

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

Approved February 23, 1899. 



Chap. 



Certain fran- 
chises, etc., 
granted in city 
of Boston con- 
tirmed. 



98. -^^' Act to katift axd confirm the franchises and locations 
granted to frank o. squire and to the eastern cold stor- 
age company in the city of boston. 

Be it enacted, etc., asfoUoics: 

Sectiox 1 . The franchises or licenses heretofore granted 
and the locations given by the board of aldermen of the 
city of Boston to Frank O. Squire and to the Eastern Cold 
Storage Company, respectively, to lay, maintain and use 
pipes and conduits in and under certain streets of the city 
of Boston for the distribution of refrigerating materials, 
and for purposes of refrigerating and cooling, and the 
acts done thereunder, are hereby ratified and confirmed. 
The rights under said licenses or franchises and to the said 
locations may be assigned to and exercised only by the 
Eastern Cold Storage Company, a corporation organized 
under the laws of the Commonwealth of Massachusetts. 

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

Approved February 23, 1899. 



Chan. 99. ^^ -^*^ MAEONG appropriations for SALARIES ANB EXPENSES IX 
THE OFFICE OF THE STATE FIRE MARSHAL. 

Be it enacted, etc., asfolloivs: 
Appropriationi. SECTION 1. Thc sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 



Acts, 1899. — Chap. 100. 63 

specified, to meet expenses for the year ending on the 
thirt\'-first day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 

For the salary of the state fire marshal, forty-five hun- state fire 
dred dollars. 

For the salary of the deputy fire marshal, twenty-five Deputy, 
hundred dollars. 

For the salary of the clerk of the state fire marshal, ^^'■^• 
fourteen hundred dollars. 

For the salaries of the two stenographers in the office stenographers. 
of the state fire marshal, eleven hundred dollars each. 

For the salaries of the two chiefs of aids in the office cwefB of aids. 
of 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 "^^^^''s^'^- 
of a messenger, four hundred dollars. 

For travelling, contingent and incidental expenses, the Travelling 

..11 .1 • 1 n expenses, etc. 

same to mclude the services and expenses ot persons em- 
ployed in secret investigations, and fees of witnesses, 
under the direction of the state fire marshal, a sum not 
exceeding ten thousand five hundred dollars. 

For postage, printing, stationery, telephone, telegrams, office expenses. 
incidental and contingent office expenses of the state fire 
marshal, a sum not exceeding twenty-five hundred dollars. 

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

Approved February 23, 1899. 



Chap.lOO 



Ax Act relative to the clerks and the assistant clerks of 

THE senate ANT) THE HOUSE OF REPRESENTATIVES. 

Be it enacted, etc., asfoUovs: 

Section 1. Section twenty-six of chapter two of the ^-^t-I-*' 
Public Statutes is hereby amended by striking out all of 
said section and inserting in place thereof the following : 
— Section 26. The clerk of the senate, subject to the Assisunt^rierks 
approval of the senate, and the clerk of the house, sub- house, appomt- 
ject to the approval of the house, may each appoint an ™^°^'^^^- 
assistant clerk, and each of them may remove at any 
time the assistant clerk so appointed by him. In case 
the clerk of the senate or the clerk of the house is ab 
sent from duty by reason of illness or other cause, or 
because leave of absence has been granted him by the 
branch of the general court of which he is clerk, the as- 
sistant clerk appomted by him shall, unless a clerk pro 



64 



Acts, 1899. — Chaps. 101, 102. 



tempore is chosen, perform, during such absence, the 
duties of the clerk. 

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

Approved February 24, 1899. 



Ch.OV 101 -^^^ ^^^^ RELATIVE TO THE IJOARD OK ALDERMEN OF THE CITV OF 

NEWBURVPOKT. 



Alderman at 
liirge to be 
elected. 



President of 
board of alder- 
men, election, 
etc. 



Repeal 



When to take 
effect. 



Be it enacted, etc., as follov's : 

Sectiox 1. The qualified voters of the city of New- 
])uryport at each annual municipal election shall elect, 
in addition to the six aldermen provided for by chapter 
eighty-six of the acts of the year eighteen hundred and 
sixty-four, some (|ualified voter of said city, whose title 
shall be alderman at large, and who shall be a member 
of the board of aldermen. 

Section 2. The board of aldermen at its first annual 
meeting shall elect one of its members president, who 
shall preside at all meetings during the year for which 
he is elected. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall be submitted to the voters 
of the city of Newburyport at the next ensuing state 
election, and shall take efi'ect upon its acceptance by a 
majority of the voters voting thereon. 

Approved February 24, 1899. 



C7lC(,V.^02 ^^ -^^^ '^^ INCORPOUATE THE SOUTH DEERFIELU CEMETERY ASSO- 
CIATION. 



South Deerfield 
Cemetery Asho- 
elation incor- 
porated. 



Be it enacted, etc., as folloios : 

Section 1. Silas S. Kingman, Parker D. Martin, 
Alonzo M. Rice, Chauncy B. Tilton, Alvord A. Jewett, 
John H. Ockington, Jasper Gillett, Ida A. Hagar, Phila 
A. Williams, Lottie A. Boyden, Lucius T. Harris and 
Obed S. Arms, their associates and successors, are hereby 
made a corporation by the name of the South Deerfield 
Cemetery Association, for the purpose of acquiring, 
holding and improving the grounds known as the South 
Deerfield cemetery in the village of South Deerfield in 
the town of Deerfield ; and said corporation shall have 
all the powers and privileges and be subject to all the 
duties, restrictions and liabilities set forth in all general 



Acts, 1809. — Chap. 102. 65 

la\v8 which now arc or hereafter ma}^ ])e in force relating 
to such corporations, except as hereinafter provided. 

Section 2. Said corporation is hereby authorized to Townof Deer- 
take possession and control ot said cemetery; and said vey to corpora- 
town of Deertield is hereby authorized to convey to said lui" an(j"ifu,Vr. 
corporation, u})on such terms as may be aijreed upon, all e«t in cemetery, 
its right, title and interest in the lands which have been 
purchased and set apart for said cemetery, and in all other 
property or rights a})pertaining thereto, which said town 
now has or is entitled to have, including all moneys and 
trust funds belonging to said cemetery : provided^ that i^r"^''""- 
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 jnirpose. Said corporation shall hold the said 
})r()i)crty and rights for the same uses and purposes for 
which the same are now held by the town of Deertield, 
and charged with the same duties and liabilities ; and 
all rights which any persons have acquired in said ceme- 
tery shall remain valid to the same extent as if this act 
had not been passed. 

Section 3. Said town shall continue to have the right ^"n'^odfes^by 
of burying in said cemetery the bodies of those for whose town, 
burial it is bound by law to provide ; and such interments 
shall be made in a part of the cemetery set oif for this 
purpose ])y agreement between the overseers of the poor 
of said town and the executive board of said corporation. 
Such interments may be made by the town at its own 
expense, or by said corporation, upon such terms as shall 
be agreed ui)on between said overseers and said execu- 
tive board. 

Section 4. Any person now owning a lot in said ^f«'"''«"*''p- 
South Deertield cemetery may take part in the organiza- 
tion of this corporation, and after the organization thereof 
any person who is now or may hereafter become, by deed 
or otherwise, proprietor of a lot in said cemetery, shall 
become a member of said corporation by applying to the 
trustees hereinafter mentioned and receiving a deed or 
certificate of such lot from said corporation ; and wdien 
any person shall cease to be the proprietor of a lot he 
shall cease to be a member of the corporation. 

Section 5. Said corporation may acquire by gift, ^jdyona'/^and, 
devise or purchase, and hold in fee, additional land to hold necessary 

' /• 1 • perBonal prop- 

the extent of twenty acres, for the ]mrpose of enlarging erty.etc. 
said cemetery from time to time, and may hold so much 



6Q 



Acts, 1899. — Chap. 102. 



Net proceeds to 
be devoted to 
improveinentB, 
etc. 



Officers, elec- 
tion, etc. 



personal property as may be necessary for the objects of 
said corporation ; and said corporation is hereby author- 
ized to take and hold any i)roperty granted or bequeathed 
in trust for the purpose of enlarging or improving said 
Gifts, bequests, ccmetcry. Said corporation may also hold in trust any 
money or other property giv^en or bequeathed by the pro- 
prietor of a lot, or in his behalf, for the care and embel- 
lishment of any lot, or for the repair, preservation or 
renewal of a monument, fence or other structure thereon, 
or for planting the lot or its neighlwrhood with trees or 
shrubs ; and when such a gift or bequest is made said 
corporation shall give to said proprietor or his representa- 
tive an obligation, on such conditions as may be agreed 
upon, binding itself to fulfil the terms of the gift or 
bequest. 

Section 6. The net proceeds of all sales of lots in 
said cemetery shall be forever devoted to the preserva- 
tion, improvement and enlargement thereof, and to the 
payment of the incidental expenses connected therewith, 
and to no other purpose. 

Section 7. The officers of the corporation shall con- 
sist of seven trustees, a treasurer, and a clerk, who shall 
be elected at the annual meeting of the corporation, a 
president to be elected annually b}'- the trustees from 
their number, and such subordinate officers as may be 
provided for by the by-laws. The treasurer and clerk 
shall each be elected for one year and until his successor 
is elected and qualified. The trustees shall be elected 
one each year for the term of seven years : provided, hoiv- 
ever, that at the first election one trustee shall be elected 
for one year, one for two years, one for three years, and 
so on respectively ; and thereafter one trustee shall be 
chosen annually to serve for seven years. Said trustees 
shall have the general management of the property, ex- 
penditures and aflairs of said corporation and of the sale 
of lots in said cemetery, and shall make a report of their 
doings to the corporation at its annual meeting. If a 
vacancy occurs in said board of trustees, or in the office 
of treasurer or clerk, it may be filled for the unexpired 
term at any annual or special meeting of the corporation. 

Section 8. Said corporation shall pay all damages 
sustained by any person or corporation by the taking of 
any land or other property, or by any other thing done 
by said corporation under the authority of this act. Any 



Proviso. 



Damages. 



Acts, 1899. — Chap. 103. 67 

person or corporation so injured and failing to agree with 
the cemetery corporation as to the amount of damages 
sustained may have the damages assessed and determined 
in the manner provided hy law when land is taken for 
the hiving out of highways, on 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 entertained after the expiration of one year. 

Section 9. This act shall take effect upon its passage. 

Approved Fehruary 24^ 1899. 



Chap.lOd 



An Act to provide for the enforcement of orders made by 
the commissioners ox inland fisheries and game relative 
to fishways. 

Be it enacted, etc., as folloivs: 

Section 1. Section four of chapter ninety-one of the ^•^•jk^** 
Public Statutes is hereby amended by adding at the end 
thereof the following words: — The supreme judicial 
court, or any justice thereof, and the superior court, or 
any justice thereof, shall in term time or vacation, on 
the petition of said commissioners, have jurisdiction in 
equity or otherwise to enforce any order made under the 
authority of this section, and to prevent any violation 
of such order, — so as to read as follows: — Section 4. commissioners 

' ^ . m-'iy examine 

The commissioners may examine all dams upon rivers dams aud Ash- 
where the law requires fishwa3\s to be maintained, and changes, etc. 
shall determine whether the fishways, if any, are suitable 
and sufficient for the passage of the iish in such rivers ; 
and shall prescribe by an order in writing what changes 
or repairs, if any, shall be made therein, and at what 
times the same shall be ke])t open, and give notice to the 
owners of the dams accordingly. The supreme judicial orde^rsTe^c."' °^ 
court, or any justice thereof, and the superior court, or 
any justice thereof, shall in term time or vacation, on 
the i)etition of said commissioners, have jurisdiction in 
equity or otherwise to enforce any order made under the 
authority of this section, and to prevent any violation 
of such order. 

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

Approved February 24, 1899. 



68 



Acts, 1899. — Chaps. 101, 105. 



Stoneham may 
refund ccitaiu 
taxes. 



Ohap.104: ^^ ^^'^ '•'O AITIIOKIZE THE TOWN OF STONFiHAM TO KEFUND CER- 
TAIN TAXES. 

Be it enacted, etc., as follows : 

Section 1. The town of Stoneham is hereby author- 
ized to refund to Mary A. Carl in, pursuant to a vote of 
said town passed on the eleventh day of August in the 
year eighteen hundred and ninety-eight, the sum of fifty- 
one doUars and seventy-two cents, being taxes wrong- 
fully assessed upon her estate during the years eighteen 
hundred and eighty-three to eighteen hundred and ninety- 
six, inclusive. 

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

Approved February 27, 1899. 



(Jhap.\OS An Act making appropriations for sundry charitable ex- 
penses. 

Be it enacted, etc., as follows : 
Appropriations. Section 1. The sums hereinafter mentioned are aj)- 
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-nine, to wit : — 



state board of 
charity. 



Adult poor. 



Minor wards. 



Auxiliary 
visitors. 



STATE BOARD OF CHARITY. 

For expenses of the state board of charity, including 
travelling and other necessary expenses of members, and 
salary and expenses of the clerk and auditor of said board, 
a sum not exceeding seven thousand dollars. 

For salaries and expenses in the division of state adult 
poor, a sum not exceeding thirty-five thousand dollars. 

For salaries and expenses in the division of state minor 
wards, a sum not exceeding thirty-five thousand dollars. 

For travelling and other necessary expenses of the aux- 
iliary visitors of the state board of charity, a sum not 
exceedins: fourteen hundred dollars. 



Transportation 
of state 
paupers. 



]\IISCELLANEOUS CHARITABLE. 



For transportation of state paupers under charge of 
the state board of charity, a sum not exceeding twelve 
thousand dollars. 



Acts, 1899. — Chap. 106. 69 

For the sii])port and relief durinii' the pre^jeiit and pre- stmo insane 
vious years of state paupers in state hospitals and asy- p^"'^'-'"* 
lums for the insane, and the reimbursement of expenses 
incurred by certain towns in the maintenance of the in- 
sane, a sum not exceeding two hundred and forty thou- 
sand dollars. 

For the care and maintenance of indii2:ent and neglected i"i'ige»t ami 
children and juvenile offenders, a sum not exceeding one chiidien. 
hundred and thirty-live thousand dollars. 

For the support of state paupers in the Massachusetts support of 
School for the Feeble-minded and the Hospital Cottages pauilel.T/"' 
for Children, a sum not exceeding fifteen thousand dollars. 

For expenses during the present and previotis years in Dangerous 
connection with smallpox and other diseases dangerous ^^""^^^ ' 
to the public health, a sum not exceeding three thousand 
dollars. 

For the education in the public schools in any city or Education of 
town in the Commonwealth during the present and pre- children. 
vious years of children boarded or bound out hy the 
state board of charity, a sum not exceeding twelve thou- 
sand dollars. 

For the support of sick state paupers by cities and pif^jlelg'^ 
towns during the present and previous years, the same 
to include cases of wife settlement, a sum not exceeding 
one hundred and twenty-tive thousand dollars. 

For the burial of state paupers by cities and towns Buriai of state 
during the present and previous years, a sum not exceed- p''"p^"- 
ing ten thousand dollars. 

For temporary aid for state paupers and shipwrecked Temporary aid. 
seamen by cities and towns during the present and pre- 
vious years, a sum not exceeding fifty thousand dollars. 

F'or the support and transportation of unsettled pauper unsettled 
infants in this Commonwealth, including infants in infant p^"?^""'" ^" ''• 
asylums, a sum not exceeding thirty-five thousand dollars. 

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

Apjyroved Febmary 28, 1899. 



An Act to authorize the city of north adams to refund 
its present indebtedness. 

Be it enacted, etc., as follows: 

Section 1. The city of North Adams is herel)y au- May issue bonds 
thorized to extend, renew or refund its present indebted- 
ness, and for that purpose, by order of its city council. 



Chap.lOij 



or notes, etc. 



70 Acts, 1899. — Chaps. 107, 108. 

to issue bonds or notes signed by its treasurer and counter- 
signed by its mayor. Such bonds and notes shall be made 
payable at such times that not less than thirty -live thou- 
sand dollars of the principal amount of the present in- 
debtedness of the city shall be paid in each year here- 
after, until and including the year nineteen hundred and 
twenty-six ; and in the year nineteen hundred and twenty- 
seven there shall be made payable of the principal amount 
of the said present indebtedness not less than twenty- 
nine thousand dollars, after which the provisions of this 
act shall cease to apply. 
Not to bo Section 2. The citv shall not be oblijred to establish 

countea in • i • /• i <• i ' /• ' i i 

ascertaining a smkuig luud lor the payment ot any bonds or notes 
imi ,e.c. j|y(,^g^j under this act, and the bonds or notes issued here- 
under to extend, renew or refund indebtedness which is 
not counted in ascertaining the authorized limit of in- 
debtedness of said city shall not be counted in ascertain- 
ing such limit of indebtedness. 

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

A2)2>roved February 28, 1899. 

Ohap.107 An Act to provide for tue cultivation of food fish. 

Be it enacted^ etQ., asfoUows: 
Cultivation of 'Section 1. The commissioners on inland fisheries and 

food tiHii in 1 ->r'ii 1 • 1 • 1 

Mill pond, game may occupy and control Mill pond, situated in the 
town of Yarmouth, for the purpose of cultivating food 
fish for distribution within the Commonwealth. 

™cfed"/°"'* Section 2. Any one who fishes in said pond in any 
other manner than with hand line and single hook, with- 
out the written consent of the commissioners, shall for- 
feit not less than fifty nor more than two hundred dollars 
for the first offence, and not less than one hundred nor 
more than two hundred dollars for any subsequent offence, 
one half of the fine to be paid to the Commonwealth and 
one half to the complainant. 

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

Approved Februanj 28, 1899. 



Chap.lOS 



An Act relative to deposits by county treasurers. 

Be it enacted, etc., asfolloics: 

Tniend^d!^^' Section 1. Sectiou eighteen of chapter twenty-three 
of the Public Statutes is hereby amended by inserting in 



Acts, 1899. — Chap. 109. 71 

the third line, after the word "banks", the following 
words : — or safe deposit and trust companies in this 
Commonwealth, —so as to read as follows : — Section 18. ^eTepoHUed '° 
It shall be the duty of county treasurers, having cash et^. 
funds in their hands beyond what is required for imme- 
diate use, to make deposit thereof in one or more national 
banks or safe deposit and trust companies in this Com- 
monwealth, at such rates of interest as may be practicable, 
and all interest received on such deposits shall be paid 
into the county treasury. 

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

Approved February 28, 1899. 



Chap.im 



An Act to authorize the p.ostox dental college and the 

TRUSTEES or tufts COLLEGE TO UNITE. 

Be it enacted, etc., asfoUoivs: 

Section 1. The Boston Dental College, incorporated coSmly''' 
by chai)ter two hundred and seventy-tive of the acts of transfer to 
the year eighteen hundred and sixty-eight, may transfer Tufts coiiege 
to the Trustees of Tufts College, upon such terms and pWperty°'^fcr' 
conditions as shall be agreed upon by said corporations, 
the school now maintained by said Boston Dental College, 
and all the powers, rights, privileges, franchises, prop- 
erty, claims, trusts and estates appertaining in law or in 
equity to said Boston Dental College. 

Section 2. When in meetings duly called for the pur- Purposes for 
pose such transfer shall have been agreed upon by the Demaicoiiege 
corporations aforesaid, and duly executed, and when a corporaUoL" " 
certificate thereof signed by the presidents of said cor- ®"^- 
porations shall have been filed in the oflSce of the secre- 
tary of the Commonwealth, the Trustees of Tufts College 
shall thereupon take and enjoy all the powers, rights, 
privileges, franchises, property, claims, trusts and estates 
appertaining in law or in equity to said Boston Dental 
College, subject however to all duties, restrictions and 
liabilities belonging thereto and connected therewith, and 
said Boston Dental College shall thereafter remain a cor- 
poration only for the purpose of executing all such trans- 
fers, assignments and conveyances as may be deemed 
necessary to vest all such rights, property, claims and 
estates in the Trustees of Tufts College, and for the pur- 
pose also of receiving any gifts, devises and bequests that 
may have been made to it by will or otherwise, and of 



72 Acts, 1899. — Chaps. 110, 111, 112. 

transferring the same as aforesaid, and for the other pur- 
j)08es spocitic'd in section forty-one of chapter one hun- 
dred and live of the Public Statutes. 

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

Approved February 28, 1899. 



Ckcip.WO An Act KELATivE to the tkavelling expenses ok the special 

JUSTICE OF THE FIKST DISTKICT COURT OP BRISTOL. 

Be it enacted, etc., asfoHoivs: 

KutVicf ' Section 1. The special justice of the first district 
court of Bristol court of BHstol holding the session of said court at 
Attleborough shall be allowed the sum of fifty dollars 
a year for travelling expenses incurred by him in the 
transaction of the business of the court, said sum to be 
})aid from the treasury of the county of Bristol, and to 
be so allowed from the first day of January in the year 
eighteen hundred and ninety-nine. 

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

Approved Fehraary 28, 1899. 

Chap.Wi -'^N Act TO FKOVIDE SCHOOL KEGISTEKS AND OTIIEK SCHOOL 
BLANKS FOR THE TOWNS AND CITIES OF THE COMMONWEALTH. 

Be it enacted, etc., as folloics : 

fs^te^'bTalikr* Section 1. The board of education may expend an- 
etc. nually a sum not exceeding one thousand dollars for the 

printing and distribution of such school registers, school 
blanks and forms for the returns of school committees as 
said board is required by law to furnish to the towns and 
cities of the Commonwealth. 

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

Approved February 28, 1899. 



C/i«/>.112 An Act making appropkiations for the compensation and 

EXPENSES OF THE COMMISSIONERS ON INLAND FISHERIES AND 
GAME. 

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- 
monwealth from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 



Acts, 1899. — Chap. 11:). 73 

thirty-first day of Doceinber in the year eighteen hun- 
drecl aiul ninety-uine, to wit : — 

For the compensatit)n and expenses of the commis- commissioners 
sioners on inland fisheries and game, a sum not exceeding flsheHe'^aiui 
thirty-five hundred dollars. s»™'^- 

For the enforcement of laws, propagation and distri- Propagation 

, . . /• ,• 1 • j*^ 1 • J and distribution 

bution ot fish, running ex})enses, rent and maintenance of tieh, etc 
of hatcheries, incidental printing and contingent expenses, 
and the propagation and })rotection of birds and animals, 
a sum not exceeding seventy-five hundred dollars. 

For expenses of stocking great ponds with food fish, stocking great 
a sum not exceeding five hundred dollars. ^°^ "■ 

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

Approved February 28, 1899. 

Ax Act kklative to the Plymouth and sandwich street kail- Qfinrry W^ 
WAV company. 

i>f it enacted, etc., as foUoics : 

Section 1 . Section seven of chapter three hundred ameLd!^'.^ "' 
and nine of the acts of the year eighteen hundred and 
ninety-eight is hereby amended by striking out in the 
second line, the words " into the towns of Bourne and 
Sandwich", and inserting in place thereof the w^ords : — 
for a distance of six miles, — and by striking out all 
after the word "roads", in the thirteenth line, so as to 
read as follows : — /Sect ion 7. Said company may, when Mayueecer- 
it has constructed its road for a distance of six miles and the piymomh 
up to the terminus of the tracks of the Plymouth and Btreet Rlfiway 
Kingston Street Railway Company, at or near the Hotel Company, etc. 
Pilgrim at Chiltonville in the town of Plymouth, enter 
upon and, except for the transportation of passengers, 
use with its cars the tracks of the Plymouth and Kings- 
ton Street Railway Company between said Hotel Pilgrim 
and the railroad station in the town of Plymouth, upon 
such terms and conditions and for such compensation as 
the two companies may agree upon, and subject to such 
regulations as may from time to time be made by the 
selectmen of the towns in which said companies operate 
their roads. 

Section 2. Section nine of said chapter is hereby isqs. 300, §9, 
amended Ijy inserting in the second line, after the word '"°*° ^ 
" if", the words : — six miles of, — so as to read as fo\- 
\ovfs:— Section 9. The authority herein granted shall p^*!';""^^"'^ 
cease if six miles of the proposed road is not constructed 'i"° '''"''° , 

r 1 three years, etc. 



u 



Acts, 1899. — Chaps. 114, 115. 



and put in operation within three 3'ears from the passage 
of this act. 

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

Approved Februcmj 28, 1899. 



CJl07).W4: ^^ ^'^'^ ^^ AUTHORIZE THE TRUSTEES OF THE DANVERS INSANE 
HOSPITAL TO SELL A CERTAIN LOT OF LAND. 



Trustees of 
Dauvers insane 
hospital may 
sell a certain 
lot of land. 



Proceeds may 
be used for 
general ex- 
penses. 



Be it enacted, etc., asfolloics: 

Section 1. The trustees of the Danvers insane hos- 
pital are hereby authorized and empowered to sell for a 
sum not less than five hundred dollars a certain lot of 
land hereinafter described, situated in the town of Tops- 
field, and, in the name and on l)ehalf of the Common- 
wealth, to give a quitclaim deed thereof. Said lot of land 
is bounded on one side by the road leading from Tops- 
field to Danvers and on all other sides by land of the 
heirs of David Towne, and is the same parcel of land 
which was conveyed by Lorenzo P. Towne to George B. 
Martin by deed dated the twenty-third day of June in 
the year eighteen hundred and seventy-one, and recorded 
in the registry of deeds for the southern district of the 
county of Essex in book eight hundred and ninety, leaf 
sixty-eight. 

Section 2. The proceeds of the sale of said lot of 
land may be used by said trustees for the general ex- 
penses of the hospital. 

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

Apjyroved March 1, 1899. 



Ohap.H5 An Act relative to expenditures for the clerical and con- 
tingent EXPENSES OF THE BUREAU OF STATISTICS OF LABOR. 

Be it enacted, etc. , as folloivs : 
Bureau of sta. Section 1. The cliicf of the bureau of statistics of 
and contingent labor is hereby authorized to expend for clerical and 
expenses. contingent expenses of said bureau such sums as the 

legislature may annually appropriate for said i)urposes, 
subject to the provisions of law relating to the expen- 
diture of money by public officers. 
Repeal. Section 2. So luuch of scctioH sixtecH of chapter 

thirty-one of the Public Statutes and of chapter two 
hundred and ninety of the acts of the year eighteen hun- 



Acts, 1899. — Chaps. IIG, 117. 75 

dred and ninety-five as is inconsistent herewith is hereby 
repealed. 

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

Apijroved March 1^ 1899. 

An Act to makk the loku's day close season kok liutos and (Jlifm 11 (J 

GAME. '' * 

Be it enacted, etc., asfoHoivs: 

Every Lord's day shall be close season. Whoever Lord's day to 

1, 1, I'l t' 1 . -I .il'e close season 

hunts or destroys birds or game oi any kind on the for birds and 
Lord's day shall be liable to the penalties imposed for ^'*™*'' 
violation of the law during other close seasons, and such 
penalties shall be in addition to those already imposed for 
violation of the laws relating to shooting upon the Lord's 
day. Appro ced March 1, 1899. 

An Act relative to the distribution of the street railway Ql^rti. ^1T 
taxes for the year eighteen hundred and ninety-eight. 

Be it enacted, etc., as follows : 

Section 1. To enable the tax commissioner to make street railway 
distribution of the franchise taxes of street railway cor- make^e^tum to 
porations for the year eighteen hundred and ninety-eight sionenrlens^th 
among the cities and towns entitled thereto under the "* ''■^*''^' '^^'=- 
provisions of chapter five hundred and seventy-eight of 
the acts of the year eighteen hundred and ninety-eight, 
every such street railway corporation shall forthwith 
return to the tax commissioner a statement under the 
oath of its treasurer, giving the length of track operated 
by it in each city and town in this Commonwealth on the 
thirtieth day of September in the year eighteen hundred 
and ninety-seven, which length shall be determined by 
measuring as single track the total length of all track 
operated by such company, including sidings and turn- 
outs, whether owned or leased by it, and including tracks 
over which it has trackage rights only. The tax com- \ 
missioner shall furnish to every such company suitable 
blanks for said return. 

Section 2. The tax commissioner shall apportion said TaxcommiB. 

. . 11 siouer to appor- 

taxes among the cities and towns entitled thereto in pro- tion taxes 
portion to the length of tracks operated by any such and towns, etc. 
company or companies in said cities and towns respec- 
tively, subject to appeal to the board of appeal consti- 



76 Acts, 1899. — Chaps. 118, 119. 

tuted by sections sixty-one and sixty-two of chapter 
thirteen of the Public Statutes. The tax commissioner 
shall notify the treasurer of every such city and town 
of the share of said tax so apportioned to each city and 
town, and shall also certify to the treasurer of the Com- 
monwealth the shares thus apportioned as finally deter- 
mined in case of appeal. 
AlreaT^ir Section 3. As soou as practicable after the receipt 

tioned. of the Certificate of apportionment thereof by the tax 

commissioner the treasurer of the Commonwealth shall 
credit and pay over to the treasurers of the several cities 
and towns the shares of said tax apportioned to them re- 
spectively as aforesaid. 

Section 4. This act shall take eft'ect upon its passage. 

Approved March i, 1899. 



Chcip.WS An Act to authouize the amehican order of dijuIds to hold 

ITS ANNUAL MEETINGS OUTSIDE THE COMMONWEALTH. 

Be it enacted., etc., asfoUoics: 

iilloulidTthe Section 1. The American Order of Druids and the 

Commonwealth suprcmc couucil tlicrcof uiay hold meetings in any state 

wherein a council of said corporation is established, and 

the acts at such meetings shall have the same eftect as if 

done within the Commonwealth. 

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

Approved March 1, 1899. 



Chap.H^ ^^ ^^^ MAKING APPROPRIATIONS I'OR SALAR 



RIES AND EXPENSES OF 
THE STATE BOARD OF INSANITY. 



Be it enacted, etc., asfolloivs: 

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 })urposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 

foBunitT'^'^ °^ For travelling and office expenses of the state l)oard 
of insanity, a sum not exceeding five thousand tlollars 

ojiicers and For Salaries of officers and employees of the state board 

of insanity, a sum not exceeding twelve thousand three 
hundred dollars. 



eraployeea. 



Acts, 1899. — Chaps. 120, 121. 77 

For tran>si)ortation and medical examination of state Tranaportation, 
paupers under the charge of the state board of insanity, paupers. 
twelve thousand dollars. 

For the support of insane paupers boarded out in support of cer- 
families under the charge ot the state board oi insanity, paupors. 
five thousand five hundred dollars. 

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

Approved March 2, 1899. 



Chap,V2i) 



An Act relative to summary process for the recovery of 

LAND. 

Be it enadcfl, etc., ns follows : 

Section 1. Section one of chapter one hundred and a^euded ^'' 
seventy-five of the Public Statutes is hereby amended by 
inserting after the word " otherwise", in the sixth line, 
the following words: — when the court of registration 
has entered a decree for confirmation and registration of 
the title to land, — so as to read as follows : — Section 1. pro'^^r^or the 
When a forcible entry into lands or tenements has been [30^'*"^^ °^ 
made, or when a peaceable entry has been made and the 
possession is unlawfully held by force, when the lessee 
of lands or tenements, or a person holding under such 
lessee, holds possession without right after the determi- 
nation of a lease by its own limitation, by notice to quit, 
or otherwise, when the court of registration has entered 
a decree for confirmation and registration of the title to 
land, or when a mortgage of real estate has been fore- 
closed by a sale under a power contained therein or other- 
wise, the person entitled to the premises may recover 
possession thereof in the manner hereinafter provided. 

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

Approved March 2, 1899. 

An Act making an appropriation for operating the north (Jhdjj \21 
metropolitan system of sewerage. 

Be it enacted, etc., as folloios : 

Section 1 . A sum not exceeding ninety-four thou- North Metro, 
sand five hundred dollars is hereby appropriated, to be of sewerigeT 
paid out of the treasury of the Commonwealth from 
the ordinary revenue, for maintaining and operating the 
system of sewage disposal for the cities of Boston, Cam- 
bridge, Somerville, Maiden, Chelsea, Woburu, Medford 



78 Acts, 1899. — Chaps. 122, 123. 

and Everett, and for the towns of Stoneham, INIelrose, 
Winchester, Arlington and Belmont, known as the 
North Metropolitan System, during the year ending on 
the thirty-first day of December in the year eighteen 
hundred and ninety-nine. 

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

Approved March 4, 1899. 

OhapA2i2 '^^ Act relative to the metropolitan sewerage loans sink- 
ing FUND. 

Be it enacted, etc., as follows : 
Metropoiiian^^^^ Section 1. The trcasurcr and receiver general is 
Sinking Fuud. hereby authorized to consolidate the sinking fund estab- 
lished for the payment of the Metropolitan Sewerage 
Loan, issued under the authority of chapter four hun- 
dred and thirty-nine of the acts of the year eighteen 
hundred and eighty-nine, chapter three hundred and 
seven of the acts of the year eighteen hundred and 
ninety-four, chapter two hundred and ninety-four of the 
acts of the year eighteen hundred and ninety-five, chapter 
four hundred and fourteen of the acts of the year eight- 
een hundred and ninety-six and chapter one hundred and 
eighty of the acts of the year eighteen hundred and 
ninety-eight ; and for the payment of the Metropolitan 
Sewerage, Neponset River Valley, Loan, issued under 
the authority of chapter four hundred and six of the 
acts of the year eighteen hundred and ninety-five, into 
one sinking fund, to be known as the Metropolitan Sew- 
erage Loans Sinking Fund. 

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

Approved March 4, 1899. 

C//'ft/>.123 ^^ ^^^"^ relative to the taking of DEPOSITIONS. 

Be it enacted, etc., as follows : 
V 8. 169, §41. Section 1. Section forty-one of chapter one hundred 

etc., amended. . . /• i t-» i i* t^ 

and sixty-nine of the Fubhc Statutes, as amended by 
chapter one hundred and eighty-eight of the acts of 
the year eighteen hundred and eighty-three, is hereby 
amended by prefixing the words : — Excei)t where the 
court otherwise directs, — and by adding the words: — 
The court may in any case direct that depositions be 
taken before commissioners, in the manner provided 



Acts, 1899. — Chap. 123. 79 

by law as to taking the depositions of witnesses within 
the Commonwealth in suits at law, or in such manner as 
the court shall order, and in such cases shall prescribe 
what notice shall be given to the adverse party, his agent 
or attorney, and the manner of service thereof, and may 
authorize the taking of depositions of witnesses not 
specifically named in the commission, upon the issues 
in the cause, or such of them as the court may specify, 
— so as to read as follows : — Section 41. Except where certain deposi- 
the court otherwise directs every deposition taken before tnken Von 
commissioners shall be taken upon written interroga- rogatorilsfetc. 
tories, to be exhibited to the adverse party or his attor- 
ney, and cross-interrogatories to be filed by him if he 
thinks fit. But where the adverse party does not appear 
to defend his cause, such interrogatories need not be ex- 
hibited to him nor notice given him of the same. The 
court may in any case direct that depositions be taken 
before commissioners, in the manner provided by law as 
to taking the depositions of witnesses within the Com- 
monwealth in suits at law, or in such manner as the court 
shall order, and in such cases shall prescribe what notice 
shall be given to the adverse party, his agent or attorney, 
and the manner of service thereof, and may authorize the 
taking of depositions of witnesses not specifically named 
in the commission, upon the issues in the cause, or such 
of them as the court may specify. 

Section 2. Section sixty-six of chapter one hundred rmfnded.^*'^' 
and sixty-nine of the Public Statutes is hereby amended 
by inserting after the word " directs ", in the third line, 
the words : — and in such proceedings commissions may 
be issued by the court to take the depositions of wit- 
nesses without the Commonwealth, in the same manner 
as is now or may hereafter be provided by law as to tak- 
ing the depositions of witnesses within or without the 
Commonwealth for use in suits at law ; and the court 
may direct the production before the commissioner of 
any books, instruments or papers relating to the matters 
in issue, or any of them, — so as to read as follows : — 
Section 66. In proceedings in equity the evidence shall ^quuy^prd" 
be taken in the same manner as in suits at law, unless ceedings. 
the court for special reasons otherwise directs ; and in 
such proceedings commissions may be issued by the court 
to take the depositions of witnesses without the Com- 
monwealth, in the same manner as is now or may here- 



80 Acts, 1890. — Cuai-s. 124, 125. 

after be ])rovided l)v law as to takinfj the depositions of 
witnesses within or witiiout the C'onimonweaHh for use 
in suits at law ; and the court may direct the production 
before the commissioner of any books, instruments or 
papers relating to the matters in issue, or any of them ; 
but this shall not prevent the use of affidavits where they 
have heretofore been allowed. 

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

Approved March 4, 1899. 

Ck(ip.\24: An Act to authorize the city of lynn to incur indebted- 
ness BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF 
ABATING A NUISANCE ON LITTLE RIVER. 

Be it enacted, etc., as follows : 

Ifomil^^uoteB Section 1. For the purpose of defraying the ex|)ense 

etc- ' ' of abating the nuisance occasioned l)y the dam of the 
Butman mill on Little river, including the payment of 
all damages for the taking of land and water rights for 
said purpose, the city of Lynn may incur indebtedness 
to an amount not exceeding thirty thousand dollars be- 
yond the limit of indebtedness tixed by law, and may 
from time to time issue bonds, notes or scrip therefor, 
payable in periods not exceeding twenty years from the 
p. s 29, etc., date of issue. 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 apply to the indebtedness hereby authorized and to 
the securities issued therefor. 

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

Apjyroved March 4, 1899. 

ChdV'V^^ '^^ ^^^ ^^ LIMIT THE AMOUNT PAYABLE UNDER THE LAND REG- 
ISTRATION ACT FROM THE ASSURANCE FUND. 

Be it enacted, etc., as follows : 

Imended.^^*'"' Section 1. Scction ouc hundred and two of chapter 
five hundred and sixty-two of the acts of the year eight- 
een hundred and ninety-eight is hereby amended l)y 
striking out all after the word " time ", in the eighth 
line, and inserting in place thereof the following words : 
— when he suffered the loss, damage or deprivation 
hindnTuabie ^ hcrcof, — SO as t o rcad as fol lo ws : — \SVe//o», J02. The 
in certain assuraucc fuud sliall not be liable to pay for any loss, 



Acts, 1899. — Cii ai-s. 120, 127, 128. 81 

daniugc or deprivation occasioned by a breach of trust, 
whether express, implied or constructive, by any reg- 
istered owner who is a trustee, or by the improper ex- 
ercise of any power of sale in a mortgage. Nor shall 
any plaintiff recover as compensation in an action of con- 
tract under this act more than the fair market value of 
the real estate at the time when he suffered the loss, dam- 
age or deprivation thereof. 

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

Approved March 4, 1S99. 



Ghap.126 



Ax Act to exempt the city of brockton from the operation 
OF the law relative to the limit of the municipal debt 

AND the rate of TAXATION IN CITIES. 

Be it enacted, etc., asfoUoivs: 

Section 1. The city of Brockton is hereby exempted ^^^^Ztol'"''^ 
from the operation of section one of chapter three hun- isss, 312, § i. 
dred and twelve of the acts of the year eighteen hundred 
and eighty-five, from the first day of January in the year 
eighteen hundred and ninety-nine until the first day of 
January in the year nineteen hundred and four. 

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

Approved March 6, IS 99. 

An Act to extend the time within which the town of holden Qfian.li^iJ 
may supply itself with water. 

Be it enacted, etc., as follows : 

Section 1. The provisions of chapter one hundred ^ime extended, 
and eighty of the acts of the year eighteen hundred and 
ninety-six are hereby extended for the period of three 
years from the twenty-first day of March in the year 
eighteen hundred and ninety-nine. 

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

Approved March 7, 1S99. 

An Act relative t6 the appointment of trustees of the (JJiap.l2S 

first baptist meeting house of DORCHESTER, SITUATED IN 
NEPONSET VILLAGE. 

Be it enacted, etc., as follows: 

Section 1. James H. Goodwin, Ilatliaway H. Dins- Trustees of The 

1 i^i 1 Tx -r-\ 1 11 1 ^ First Baptist 

more and Charles Jti. Jborsavth are hereby empowered to Meeting House 

*' ^ I jjj Dorchester. 



82 Acts, 1899. — CiiArs. 129, 130, 131. 

act as trustees of ' ' The First Baptist Meeting House of 
Dorchester, situated in Neponset Village." 

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

Approved March 7, 1899. 

(7/?«r).129 An Act relative to the election of city officers by city 

COUNCILS. 

Be, it enacted., etc, as follows: 

officerrbycu^ Section 1. Whcu the election of any city officer is 
councils. vested in the common council, or in the board of alder- 

men, or in both acting jointly or concurrently, the elec- 
tion shall not be valid unless it is made by a yea and 
nay vote, each member who is present answering to his 
name when it is called by the clerk or other proper officer, 
and voting yea or nay, or declining to vote, as the case 
may be. 

Section 2. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

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

Approved March 7, 1899. 

Chcip.liiiO ■A.N Act relative to days of grace on sight dhafts. 

Be it enacted, etc., asfoUoics: 

^ifsight drafts. Section 1. On all drafts and bills of exchange made 
payable within the Commonwealth at sight, three days 
of grace shall be allowed, unless there is an express 
stipulation therefor to the contrary. 

Repeal. Section 2. So much of chapter five hundred and 

thirty-three of the acts of the year eighteen hundred 
and ninety-eight as is inconsistent with this act is hereby 
repealed. 

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

[77ii.s bill, returned by the governor to the house of repre- 
sentatives, the branch in which it originated, with his objections 
thereto, ivas passed by the house March 2, and, in concurrence, 
by the senate March 6, the objections of the governor notwith- 
standing, in the manner prescribed by the Constitution; and 
thereby has the ''''force of a law."'\ 



CJiajj.V^l 



An Act relative to registering and confirming titles to 

LAND. 

Be it enacted, etc., as follows : 
1898. 562, §2. Section 1. ScctloH two of chapter five hundred and 

amended. , /»i • ^ iiii 

Sixty-two of the acts ot the year eighteen hundred and 



Acts, 1899. — Chap. 131. 83 

ninety-oiirlit is herc])y amended by addin<j at the end of 
the tirst paragraph of said section the foUowino; clause : 
— The proceedings upon such applications shall be pro- 
oeedinffs in rem aijainst the land, and the decrees shall 
operate directly on the land and vest and establish title 
thereto, — so as to read as follows : — Section 2. A court p""'"* °^ Pig's- 

1 1 !• 1 T 1 n 1 1 /^ /•!-»• triition eetab- 

is hereby established, to be called the Court ot Kegistra- lished. 
tion, which shall have exclusive original jurisdiction of 
all applications for the registration of title to land within 
the Conmion wealth, with power to hear and determine 
all questions arising upon such applications, and also 
shall have jurisdiction over such other questions as may 
come before it under this act, subject however to the 
right of appeal, as hereinafter provided. The proceed- 
ings upon such applications shall be proceedings in rem 
against the land, and the decrees shall operate directly 
on the land and vest and establish title thereto. 

The court shall hold its sittings in Boston, but may sittings of 
adjourn from time to time to such other places as the '^""'^ * 
public convenience may require. In the county of Suf- 
folk the board of aldermen of the city of Boston, and in 
other counties the county commissioners, shall provide 
suitable rooms for the sittings of the court of registra- 
tion, in the same building with or convenient to the pro- 
bate court or the registry of deeds, and shall provide all 
necessary books and such printed blanks and stationery 
for use in registration proceedings as may be ordered by 
the court. 

The court shall have jurisdiction throughout the Com- jiimdiction of 
monwealth, and shall always be open, except on Sundays ''""'^ ' 
and holidays established by law. It shall be a court of 
record, and shall cause to be made a seal, and to be sealed 
therewith all orders, process and papers made by or pro- 
ceeding from the court and requiring a seal. All notices, 
orders and process of said court may run into any county 
and be returnable as the court may direct. 

The court shall from time to time make general rules court to make 
and forms for procedure, conforming as near as may be 
to the practice in the probate courts, but subject to the 
express provisions of this act and to general laws. Such 
rules and forms before taking effect shall be approved by 
the supreme judicial court or a justice thereof. 

In this act, except where the context requires a differ- word ''court" 
ent construction, the word court shall mean the court of 
registration. 



84 



Acts, 1899. — Chap. 131. 



1898, 662, § 14, 
amended. 



Orders, decU 
BioDB and 
decrees subject 
to appeal, etc. 



QueetionB of 
law may be 
taken to 
supreme judi- 
cial court, etc. 



1898, 662, § 15, 
amended. 



Section 2. Section fourteen of said chapter is hereby 
amended by adding at the end of said section the follow- 
ing clause : — Questions of law arising in the court of 
registration on any decision or decree may be taken by 
any party direct to the supreme judicial court for revi- 
sion, in the same manner as questions of law are taken 
to that court from the superior court. The court of reg- 
istration after any decision or decree dependent upon the 
determination of questions of law may report such deci- 
sion or decree for the consideration of the full bench of 
the supreme judicial court, with so much of the case as 
is necessary for understanding such questions of law, — 
so as to read as follows ; — Section 14. Every order, 
decision and decree of the court of registration shall be 
subject to appeal to the superior court for the county 
where the land lies, concerning which the order, decision 
or decree appealed from was made. The appeal shall 
be claimed and entered within thirty daj^s from the date 
of such order, decision or decree, and the party appeal- 
ing shall at the time of entering his appeal file in the 
superior court copies of all material papers in the case, 
certified by the recorder. Appearances and answers shall 
be filed in the superior court within thirty days after the 
appeal is entered, unless for good cause further time is 
allowed, and upon the motion of either party the cause 
shall be advanced for speedy hearing, and shall be tried 
by the court, unless either party within the time allowed 
for entering appearance claims trial by jury, in which 
case issues for the jury shall be framed. Questions of 
law arising in the superior court may be taken to the 
supreme judicial court for revision by any party ag- 
grieved, in the same manner as in proceedings at law 
in the superior court. 

Questions of law arising in the court of registration 
on any decision or decree may be taken by any party 
direct to the supreme judicial court for revision, in the 
same manner as questions of law are taken to that court 
from the superior court. The court of registration after 
any decision or decree dependent upon the determination 
of questions of law may report such decision or decree 
for the consideration of the full bench of the supreme 
judicial court, with so much of the case as is necessary 
for understanding such questions of law. 

Section 3. Section fifteen of said chapter is hereby 
amended by striking out the word "superior", in the 



Acts, 1899. — Chap. 131. 85 

second and sixth lines, and substitutino; therefor the word : 

— appellate, — so as to read as follows: — Section 15. Final decision 
At the end of the proceedings on appeal the clerk of the to court, etc. 
appellate court shall certify to the court of registration 

the final decision on the appeal, and the court of regis- 
tration shall enter the final decree in the cause, in accord- 
ance with the certificate of the clerk of the appellate 
court. 

Section 4. Section twenty of said chapter is hereby isos, 562, § 20, 
amended by striking out the words " after recording", 
in the thirteenth and fourteenth lines, and inserting after 
the word "therewith", in the fifteenth line, the words: 

— and such memorandum when recorded, — so as to read 

as follows : — Section 20. The application may be filed flifP'^^e^t"""' 
with the recorder, or with the assistant recorder at the 
registry of deeds for the district in which the land, or 
any portion thereof, lies. Upon filing his application 
the applicant shall forthwith cause to be filed in the reg- 
istry of deeds for the said district or districts a memo- 
randum stating that application for registration has been 
filed, and the date and place of filing, and a copy of the 
description of the land contained in the application. 
This memorandum shall be recorded and indexed by the 
register with the records of deeds. Each assistant re- 
corder shall also keep an index of all applications in his 
district, and in every case where the application is filed 
with him shall transmit the same, with the papers and 
plans filed therewith, and such memorandum when re- 
corded, to the recorder. 

Section 5. Section twenty-four of said chapter is isos, 562, § 24, 
hereby amended by adding after the word "land", in ^^^^^ 
the second line, the words: — or two or more parcels 
constituting one holding under one and the same title, — 
so as to read as follows : — Section 24. An application Application 

, 1 . .. 1 PI 1 may iuchicle 

may include two or more contiguous parcels 01 land, or two or more 
two or more parcels constituting one holding under one hTndflstc"/ 
and the same title, within the same registry district. But 
two or more persons claiming in the same parcels difier- 
ent interests, which collectively make up the legal estate 
in fee simple in each parcel, shall not join in one appli- 
cation for more than one parcel unless their interests are 
alike in each and every parcel. The court may at any 
time order an application to be amended by striking out 
one or more of the parcels, or by a severance of the 
application. 



86 Acts, 1899. — Chap. 131. 

Amended. ^ ^^' SECTION 6. Sectioii thirty-three of said chapter is 
hereby amended by inserting after the word "being", 
in the fourth line, tlie words : — unascertained, unknown 
or out of the Commonwealth, — so as to read as follows : 

utem'ilfay'b'e — Sectioii 33. Upou tlic rctum day of the notice, and 

Rppointed for proof of servicc of all orders of notice issued, the court 
may appoint a disinterested person to act as guardian ad 
litem for minors, and for all persons not in being, un- 
ascertained, unknown or out of the Commonwealth, who 
may have an interest. The compensation of the guardian 
or agent shall be determined by the court and paid as 
part of the expenses of the court. 

amended ^^^' Section 7. Sectiou thirty-nine of said chapter is 
hereby amended by striking out the paragraphs num- 
bered sixth and seventh, at the end of said section, — 

Certain land SO as to read as follows : — Section 39. Every applicant 

to be held Iree . . ,. n . ,. ...i . ',. i 

fromjiueucum- rcceivuig a Certificate or title in pursuance ot a decree 
iMauces, except, ^^ registration, and every subsequent purchaser of reg- 
istered land who takes a certificate of title for value and 
in good faith, shall hold the same free from all encum- 
brances except those noted on the certificate, and any 
of the following encumbrances which may be subsisting, 
namely : 

First. Liens, claims or rights arising or existing under 
the laws or constitution of the United States which the 
statutes of this Commonwealth cannot require to appear 
of record in the registry. 

Second. Taxes within two years after the same have 
been committed to the collector. 

Third. Any highway, town way, or any jirivate way 
laid out under the provisions of section sixty-five of 
chapter forty-nine of the Public Statutes or any act in 
amendment thereof or in substitution therefor, where 
the certificate of title does not state that the boundary 
of such way has been determined. 

Fourth. Any lease for a term not exceeding seven 
years. 

P'ifth. Any liability to assessment for betterments, or 
other statutory lia))ility which may attach to land in this 
Commonwealth as a lien prior to, or independent of, the 
Proviso. recording or registering of any paper : provided, Jiowever, 

that if there are easements or other rights appurtenant 
to a parcel of registered land which for any reason have 
failed to be registered, such easements or rights shall 



Acts, 1899. — Chap. 132. 87 

remain so Jippurtenant notwithstanding; such failure, and 
shall be held to pass with the land until cut ott' or extin- 
guished by the registration of the servient estate, or in 
any other manner. 

Section 8. Section fifty-seven of said chapter is i898, 562, § 57, 
hereby amended by inserting after the word ' ' there- ""^''° 
upon", in the seventh line, the words: — in accordance 
with the rules and instructions of the court, — so as to 
read as follows: — Section 57. An owner desirino- to conveyance of 

. !• 1 • • - 111 U-- ^.\ i' registered land. 

convey in tee his registered land or any portion thereot 
shall execute a deed of conveyance, which the grantor or 
the grantee may present to the assistant recorder in the 
district where the land lies. The grantor's duplicate cer- 
tificate shall be produced and presented at the same time. 
The assistant recorder shall thereupon, in accordance with 
the rules and instructions of the court, make out in the 
registration book a new certificate of title to the grantee, 
and shall prepare and deliver to him an owner's duplicate 
certificate. The assistant recorder shall note upon the 
original and duplicate certificates the date of transfer, the 
volume and page of the registration book where the new 
certificate is registered, and a reference b}^ number to tlie 
last prior certificate. The grantor's duplicate certificate 
shall be surrendered, and the word " cancelled", stamped 
upon it. The original certificate shall also be stamped 
" cancelled." The deed of conveyance shall be filed and 
indorsed with the number and place of registration of 
the certificate of title of the land conveyed. 

Section 9. This act shall take effect upon its passage. 

Approved March 8, 1899. 



Chap.Vd2 



Ax Act ukf-ativk to the eleotiox ok street commissigneks 

IN THE (ITV OF FITCHBURG. 

Be it enacted, etc., as foUoics . 

Section 1. The citv council of the city of Fitchburg Board of street 

hii.,1 jir"! -ji ' j i' commissioners 

all in the month ot January in the year nineteen hun- of Fitchburg, 

dred elect l)y Joint ballot three persons who shall con- :lr"""' '''"'' 

stitute a board of street commissioners ; one shall be 

elected for a term of three years, one for a term of 

two years and one for a term of one year from the first 

Monday of February in the year nineteen hundred ; and 

thereafter the city council shall annually in the month 

of January elect by joint ballot one person to be a mem- 



88 



Acts, 1899. — Chap. 132. 



Organization, 
powers, duties, 
elc. 



Repeal. 



ber of the board of street commissioners, who shall hold 
his office for a term of three years from the tirst Monday 
of February in the year of his election, unless sooner 
removed, or until his successor is elected and qualitied. 
One or all of said commissioners may be removed by 
the city council at any time for cause, and a successor 
or successors may be elected at any time to fill out the 
unexpired term or terms. No person shall be elected a 
commissioner who is not a legal voter of said city, or 
who holds any other position whereby he receives any 
compensation from the city treasury. Said board shall 
organize on the first Monday of February in each year, 
by choosing one of its members as chairman. The city 
engineer shall be the clerk of the board. Said commis- 
sioners shall receive such compensation for their services 
as the city council shall from time to time determine. 
Said board shall have and exercise the powers of sur- 
veyors of highways, and shall also have charge of the 
construction, maintenance and repair of all streets, high- 
ways and other ways, and of all sidewalks, bridges, drains 
and sewers. Said board shall have charge of street water- 
ing, and shall assign places in the streets, highways or 
other ways, for telegraph, telephone, electric light or 
other poles, the erection of which may be authorized by 
the board of aldermen. Said board may appoition and 
delegate its various powers and duties to and among sub- 
departments or divisions, each of which may be in charge 
of a superintendent or foreman, who shall be appointed 
annually by said board, but not from its own number, as 
soon as may be after organization ; and such superin- 
tendent or foreman may be removed at any time by said 
board, but his salary shall be fixed by the city council. 
Said board may recommend to the city council for adop- 
tion such rules and regulations as may be deemed neces- 
sary for the proper government of its de[)artment, and 
in the same manner may recommend the fixing of penal- 
ties for violation of such rules and regulations. The 
powers and duties of said board may be further defined 
by ordinance of the city council. 

Section 2. So much of chapter eighty-one of the acts 
of the year eighteen hundred and seventy-two and of 
any acts in addition to or in amendment thereof as may 
be inconsistent with the foregoing provisions is hereby 
repealed. 



Acts, 1899. — Chaps. 133, 134. 89 

Section 3. This act shall be void unless adopted at J^j'Jfptl^n tobe 
the next rcijrular city election by vote of a majority of submitted to 

I' •/ votcrB etc 

the voters present and votin<2; thereon. At said meet- 
ing the vote shall be taken by written or printed ballots, 
and the polls shall be kept open not less than six hours. 
In receiving said ballots the check lists shall be used in 
the same manner as in the election of state officers. 

Approved March 8, 1899. 

An Act kelative to the uoundaky line between the towns (7/ia/?.133 

OK GAY HEAD AND CHILMARK. 

Be it enactecly etc., asfoUoics: 

Sectiox 1 . For the purpose of carrying out the pro- Boundary iine 

bctwGBn Grav 

visions of section two of chapter three hundred and Head and 
twenty-three of the acts of the year eighteen hundred ^'^'''""'''• 
and ninety-seven for marking the boundary line between 
the towns of Gay Head and Chilmark by building a suit- 
able protection to the banks on each side of the new out- 
let from Menamsha pond to Vineyard Sound, the board 
of harbor and land commissioners is hereby authorized 
to expend a sum not exceeding five thousand dollars in 
addition to the amount authorized by chapter three hun- 
dred and fifty-seven of the acts of the year eighteen hun- 
dred and ninety-eight. 

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

Approved March 8, 1899. 

An Act relative to the licensing of gas fitters and the QJiav.134: 
supervision of gas fitting in the town of brookline. 

Be it enacted, etc., as follows : 

Section 1 . No person , firm or corporation shall en- Gas fitters in 
gage in the business of gas fitting or the installation or licensed. 
repair of gas fixtures in buildings in the town of Brook- 
lino, and no journeyman shall work at said business in 
said town, unless licensed therefor in accordance with 
the })rovisions of this act ; but this section shall not take 
etfect until ninety days after the acceptance of this act 
by said town. The word "journeyman", as used herein, 
means one who personally does any gas fitting or any 
work in connection therewith which would be subject to 
inspection under this act. 

Section 2. There shall be a board of three examiners, ^^""^^^^^^^ 
selected as follows: — The first, a member of the board 



90 



Acts, 1899. — Chap. 134. 



Board of 
exuminerB. 



Certain persons 
to be examined 
as to qualiticu- 
tioDS, etc. 



Proviso. 



Fees for 
licenses. 



Certain per- 
sons, etc., way 
receive licenses 
without fee or 
examination. 



of health, dcsifrnated by said board; the second, the in- 
spector of luiildhi<>\s in said town; the third, a i)erson 
holding no other otiice, to be appointed by the board of 
health and who shall be a practical gas titter of at least 
five years' continuous experience lasting up to the time 
of his appointment. The first and third members shall 
be chosen within thirty days after the accei)tance of this 
act, for a term ending on the tirst day of Alay following 
their appointment, and thereafter annually. The tirst 
and second members shall receive no comi)ensation. The 
third member shall be paid for his services by said town 
at a rate not exceeding five dollars for each day of actual 
service, and at the same rate for any fraction of a day. 
Said third member shall be entitled to receive a license 
under this act without fee or examination. As soon as 
may be after their appointment the members of said board 
shall organize by the selection of a chairman and clerk 
and shall designate times and places for the examination 
of applicants for licenses. 

Section 3. Any person desiring to engage in said 
business, or any person desiring to labor at it as a jour- 
neyman, shall make application to the inspector of build- 
ings for a license, and shall thereupon be examined as 
to his qualifications by said board, such examination to 
include some kind of practical test ; and if he be found 
competent said board shall so certify to said ins})ector, 
and the inspector shall issue a license to him : provided, 
that he first registers with said inspector his name, resi- 
dence, place of business and license number, and pays 
the license fee. In case of a firm or corporation the ex- 
amination and licensing of one member of the firm, or 
the manager of the corporation, shall satisfy the require- 
ments of this act. A license may at any time be revoked 
by said board. It shall continue in force until so re- 
voked, but it shall not be transferable. 

Section 4. The fee for a license under this act shall 
be two dollars for any emj)loyer, tirm or corporation, 
and fifty cents for a journeyman. 

Section 5. Any person, firm or corporation holding 
a license under chapter two hundred and sixty-five of the 
acts of the year eighteen hundred and niiiety-sextMi shall 
be entitled to receive a license under this act without fee 
or examination, upon registering with the ins})ector of 
buildings as i)rovided in section three of this act. 



etc. 



Acts, 1899. — Chap. 134. 91 

Section (?. The board of health of said town shall i»«pp<toiBof 

. /,,..!, g'l" luting, 

appoint as many inspectors ot ffas nttinj;!: and o-as fixture appointmmit, 

• X 11 4^- • 1 -iJ- i-1 1 X- dutie«,etc. 

installation in buildings as they may deem necessary from 
time to time. The compensation of the inspectors shall 
l)e determined by said board of health, subject to the ap- 
proval of the town, and such inspectors shall hold office 
until removed by the board of health. Said inspectors 
shall inspect all new work relating to gas piping and to 
gas fittings and fixtures in new and old buildings within 
said town, and shall report to the board of health all 
violations of this act or of any act, by-law or regulation 
relating to gas fixtures and applicable to said town, which 
now exists or may hereafter be enacted or made, and they 
shall also perform such other appropriate duties as may 
be required of them by said board of health. No in- 
spector shall inspect or approve any work done by him- 
self or by any person by whom he is employed or who 
is employed by him. 

Section 7. In new work done after the acceptance certain gas 
of this act in said town gas pipes shall not be covered be^t^e^s'tecTand' 
or concealed from view until they have been approved ''pp'"**^'*'^ 
by one of the inspectors, who shall examine the same 
within two working days after notice that such pipes are 
ready for inspection ; and such new pipes shall not be 
used until the same and the fixtures attached thereto have 
been tested in the presence of one or more of said in- 
spectors, by the person doing the work, by some test 
approved by said inspector or inspectors. 

Section 8. Every person licensed under the provi- ,T° ^'^p'^y 

*^ *■ IIC6DS6 

sions of this act shall display his license number con- number. 
spicuously at his place of business. 

Section 9. After the acceptance of this act as here- No piping, 
inafter provided no building in said town shall be piped pJriuglnle 
or fitted for gas, and no gas fixtures shall be placed in pemiT.'etc."*^ 
any building, nor shall any repairs be made upon any 
such ))iping or fixtures, unless a permit shall be granted 
therefor by the inspector of buildings. Applications for 
such permits shall be made only by persons licensed as 
aforesaiil, and they shall contain a full statement of the 
situation of the building, the name and address of the 
owner, of the work to be done and the materials to be 
used, and if the inspector so requires a plan of the work 
contemplated. It shall be lawful however for persons 
licensed as aforesaid to make necessary repairs without 



92 



Acts, 1899. — Chap. 134. 



Materials used, 
etc., to be Bub- 
ject to certain 
ri'gulatioiiB, etc, 



Placing of gas 
pipes in l)Uild- 
iug8 restricted, 
etc. 



Placing of gas 
brackets, etc. 



Gas fixtures 
and appliances 
may be in- 
spected, etc. 



Penalty. 



a permit in the case of leaks or breaks requiring imme- 
diate attention ; but in such cases a report signed by the 
person making the repairs sliall be tiled in the office of 
the inspector of buildings within forty-eight hours after 
the repairs were made, stating the nature of the leak or 
break, and in detail the extent of the repairs made and 
the manner of making the same. All materials used and 
work performed under the provisions of this section shall 
be subject to such regulations as now exist or may here- 
after be made by the board of health of said town. 
Nothing in this section shall apply to the taking off or 
replacing of the ordinary gas burner or tip. 

Section 10. No gas pipe which may be put in any 
building in said town shall be let into the timbers, beams 
or girders, unless the same is placed within thirty-six 
inches of the end of said timber, beam or girder, and in 
no building shall the pipes be let into the timbers, beams 
or girders, more than two inches in depth. No pipes 
from which fixtures are to be suspended shall be run on 
the under side of the timbers, except when the boarding 
runs diagonally with respect to said timbers, in which 
case they shall be firmly secured to the timbers. No 
person shall disconnect or remove any gas meter except 
the representative of the gas company owning such 
meter. 

Section 11. All gas brackets shall be placed at least 
three feet below any ceiling or wood work, unless the 
same is properly protected by a shield, in which case the 
distance shall not be less than eighteen inches. Nothing 
in this act shall be construed to affect the operations of 
any gas company upon its own premises or with respect 
to its mains or service pipes. 

Section 12. The board of health of said town may 
by said inspectors, from time to time as it deems proper, 
inspect the gas fixtures and appliances in any building, 
and shall make such regulations relating thereto as it 
deems that the public health and safety require, and the 
owner of such building shall com{)ly with such regulations. 

Section 13. Any person violating any provision of 
this act or any ordinance, by-law, rule or regulation made 
thereunder shall be deemed guilty of a misdemeanor, and 
shall be subject to a fine not exceeding one hundred dol- 
lars for every such violation ; and if such person has re- 
ceived a license under this act his license may be revoked 



Acts, 1899. — Chap. 135. 93 

b}^ the board of health of said town ; and if the license 
is revoked no new license shall be issued to him until the 
ex])i ration of one year from the date of such revocation. 

Section 14. The inspector of buildings shall annu- Annual report. 
ally make a full report in detail to said town of all his 
proceedings under this act during the year, and shall 
include therein a report of the board of examiners 
appointed under this act, giving their proceedings during 
the year. 

Section 15. This act shall take effect upon its passage when to take 
so far as to allow said town to vote upon the acceptance ^ 
of the same, but it shall not take full effect until it has 
been accepted by a vote of two thirds of the voters of 
said town present and voting thereon at a meeting duly 
called for the purpose. Appmoed 3farch 9, 1899. 



Chap.lS5 



An Act to provide for the establishment of a fire depart- 
ment AND THE appointment OF A FIRE COMMISSIONER IN THE 
TOWN OF BROOKLINE. 

Be it enacted, etc., as follows: 

Section 1. The town of Brookline is hereby author- Firecommis- 
ized to establish a tire department, to be under the con- Hne.^appoinr 
trol and direction of one fire commissioner, who shall S'uues^etcr^' 
be appointed by the selectmen for a term of three years. 
He shall signify his acceptance in writing and shall re- 
ceive such salary as the town may determine. He shall 
serve until his successor is appointed and may be re- 
moved for cause by the selectmen at any time after a 
hearing. The fire commissioner shall have the charge 
of extinguishing fires in said town and the protection of 
life ijnd property in case of fire, and he shall purchase 
and keep in repair all apparatus used by the fire depart- 
ment. He shall have and exercise all the powers and 
discharge all the duties conferred or imposed by statute 
upon boards of engineers for towns, and he shall appoint 
a chief of department and such other officers and firemen 
as he may think necessary, and may remove the same at 
any time. He shall have full and absolute authority in 
the administration of the department, shall make all rules 
and regulations for its control, shall report to the select- 
men from time to time as they may require, and shall 
annually report to the town the condition of the depart- 
ment, with his recommendations thereon. In the expen- 



94 Acts, 1899. — Chaps. 136, 137. 

diture of money the fire commissioner shall be subject 
to such limitations as the town may prescribe. 
When to take SECTION 2. This act shall take effect upon its passage 
so far as to allow the town to vote upon the acceptance 
of the same, but shall not take full effect until it has 
been accepted by a majority of the voters of said town 
present and voting thereon at a town meeting duly called 
for the purpose. Approved March .9, 1899. 

(7^«».136 A^ ^CT MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES OF 
THE HARBOR AND LAND COMMISSIONERS. 

Be it enacted, etc., asfoUoivs: 

Appropiiations. 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-nine, to wat : — 

iTarborand YoT the Salaries of the harbor and land commissioners, 

land conimis- . i i i i n 

Bioners. eiglity-scven hundred dollars. 

ance'^etc^*^'^*' ^^^ compcusatiou aud expenses of the engineer, and 

for clerical and other assistance authorized by the harlior 

and land commissioners, a sum not exceeding twelve 

thousand dollars. 
pJn8e8''"t^c'''^ For travelling and other necessary expenses of the 

harbor and land commissioners, a sura not exceeding 

seven hundred and fifty dollars. 
omce expenses. Yov incidental and contingent ofiice expenses of the 

harbor and land commissioners, a sum not exceeding 

twelve hundred dollars. 

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

Apjyroved March 9, 1899. 

ChapASl An Act relative to the trustees of the pratt free school. 
Be it enacted, etc., as follows: 

pratf >>ee ^ "'^^ Section 1. The number of persons composing the 

School. Trustees of the Pratt Free School, a corporation created 

by chapter eighty-four of the acts of the year eighteen 

hundred and sixty-five, may be hereafter any number not 

less than three. 

Section 2. This act shall take effect u})on its i)assage. 

xipproced March 9, 1899. 



Acts, 1899. — Chaps. 138, 139. 95 



An Act to ciiangk the namk ok tuk third takish in okkham. Qhnj) 138 
Be it enacted^ etc., as folio ivs : 

Section 1. The name of the Third Parish in Dedham Namechauged. 
is hereby changed to tlie First Parish of West wood. 
Section 2. This act shall take effect upon its passage. 

Approved March 11, 1899. 



An Act kelative to the inspection oe buildings. Chan 139 

Be it enacted, etc., as folloivs : 

Section 1 . Section fourteen of chapter four hundred ^^9^- f^; § ^'*' 
and eighty-one ot the acts ot the year eighteen hundred 
and ninety-four is hereby amended by inserting after the 
■svord "this", in the fifth line, the word: — section, — 
and after the word "sections", in the same line, the 
words : — and in any town which adopts this section 
and the eight following sections, — and by inserting 
after the word "aldermen", in the seventh line, the 
words : — of said city or the selectmen of said town, — 
and by inserting after the word " city", in the eleventh 
line, the words : — or said town, — so as to read as fol- 
lows : — Section 14. In any city where the city council buikTings'i °^ 
has adopted chapter forty-seven of the acts of the year certain cities 
eighteen hundred and seventy-eight, or sections four to 
twelve, inclusive, of chapter one hundred and four of 
the Public Statutes, or adopts this section and the eight 
following sections, and in any town which adopts this 
section and the eight following sections, the superintend- 
ent of public buildings or such other officer as the mayor 
and aldermen of said city or the selectmen of said town 
may designate shall be inspector of buildings, and imme- 
diately on being informed by report or otherwise that a 
building or other structure or anything attached to or 
connected therewith in said city or said town is unsafe 
or dangerous to life or limb, shall inspect the same ; and ^a'^glJouf ' *^ 
if it appears to him that it is thus dangerous, he shall *<tructiireB to be 

r y • , -f • • • notified. 

forthwith notify in writing the owner, agent or any per- 
son having an interest therein, to remove the same or to 
make it safe and secure ; and if it appears that said struct- 
ure from any cause would be specially unsafe in case of 
fire, it shall be deemed to be dangerous within the mean- 
ing hereof; and he may affix a notice of its dangerous 



96 



Acts, 1801). — Ciiai>. 130. 



1894, 481, § 15, 
amended. 



DangeroiiB 
BtiuctureR to lie 
secured or 
removed. 



1894, 481, § 1(5, 
amended. 



Survey of 
premises to be 
made in certain 
cases, etc. 



1894, 481, § r, 
amended. 



chfiracter in a conspicuous place on the exterior walls 
thereof; and no person shall remove or deface such 
notice without authority from him. 

Sectiox 2. Section fifteen of said chapter is hereby 
amended by inserting after the word " aldermen'', in the 
seventh line, the words: — of the city or the selectmen 
of the town, — so as to read as follows : — Section 15. 
Whoever is so notified shall l)e allowed until twelve 
o'clock noon of the day following the service of the 
notice, in which to commence the securing or removal of 
such structure, and shall employ sufficient labor to secure 
or remove the same as expeditiously as it can be done ; 
but in cases where the public safety requires immediate 
action the inspector may, if the mayor and aldermen of 
the city or the selectmen of the town so order, enter upon 
the premises with such workmen and assistants as may 
be necessary, and cause such unsafe structure to be shored 
up, taken down or otherwise secured without delay, and 
a proper fence or boarding put up for the protection of 
passers-by. 

Section 3. Section sixteen of said chapter is hereby 
amended by inserting after the word "consisting", in 
the sixth line, the words : — in the case of a city, — and 
by inserting after the word "inspector", in the eighth 
line, the words: — and in case of a town, a surveyor, 
the chief engineer of the fire department and one disin- 
terested person to be appointed by said inspector, — so 
as to read as follows: — Section 16. If such owner, 
agent or person interested in such unsafe structure re- 
fuses or neglects to comply with the requirements of 
such notice within the time specified, and such structure 
is not secured or taken down as therein ordered, a care- 
ful survey of the premises shall l)e made by a board con- 
sisting in the case of a city, of the city engineer, the 
chief engineer of the fire department and one disinter- 
ested person to be appointed by said inspector ; and in 
case of a town, a surveyor, the chief engineer of the fire 
department and one disinterested person to be appointed 
by said inspector ; and a report of such survey shall be 
reduced to writing, and a copy thereof served on such 
owner, agent or any interested person. 

Section 4. Section seventeen of said chapter is hereby 
amended by inserting after the word " city ", in the tenth 
line, the words : — or town where the structure is situated, 



Acts, 1899. — Chap. 140. 97 

— so as to read as follows : — Section 17. If such re))ort if found un- 

II Ijjji /-it 1 K!»fe, Htructure 

declares such structure to l)o unsaie and dangerous, and toi.etakeu 
if the owner, agent or person interested continues such '***^"' ''*''=• 
refusal or neglect, the nispector shall cause the structure 
to be taken down or otherwise made safe ; and the costs 
and charges incurred shall constitute a lien upon the estate 
where the same is situated, to be enforced within the time 
and in the manner provided for the collection of taxes on 
real estate ; and such owner or interested person shall 
forfeit and pay to the city or town where the structure 
is situated, for every day's continuance of such refusal 
or neglect after being so notified, not less than ten nor 
more than fifty dollars, to be recovered in an action of 
tort. 

Section 5. Section twenty of said chapter is hereby 1894, 48i.§2d, 
amended by inserting after the word "■ city", in the third "'"^'"'''"^ 
line, the words: — or the town where the structure is 
situated, — and by inserting after the word "city", in 
the sixth line, the words : — or town, — so as to read as 
follows: — ^Section 20. If the order is affirmed, costs Damages and 
shall be taxed against the applicant ; if it is annulled, '^°''''*' 
the applicant shall recover damages and costs against 
the city or the town where the structure is situated ; if 
it is altered in part, the court may render such judgment 
as to costs as justice may require ; but nothing contained 
in this and the two preceding sections shall prevent the 
city or town from recovering the forfeiture provided for 
in section seventeen, from the date of the service of the 
original notice, unless the order is annulled by the jury. 

Approved March 11, 1899. 

An Act to establish a sitting of the superior court for (JhQjy.X^O 

THE COUNTY OF BRISTOL IN THE CITl' OF FALL RIVER. 

Be it enacted, etc., as follows : 

Section 1. The sitting of the superior court for sitting of 

■11. n i-i i rVt'ii superior court 

criminal business tor the county oi liristoi, now re- for Bristol 
quired to be held at Taunton within and for said county ^°^^^^' 
on the first Monday of November in each year, shall be 
held at Fall River. 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Approved March 11, 1899, 



98 Acts, 1899. — Chaps. Ml, 142. 



Chcip.lL4cl -^N Act to extend the time for building the boston, quincy 

AND FALL RIVER BICYCLE RAILWAY. 

Be it enacted, etc. , as folloios : 

amlnded.^ ^'^' SECTION 1. Section sixteen of chapter five hundred 
and twenty-seven of the acts of the year eighteen hun- 
dred and ninety-seven is hereby amended by striking out 
all of said section and inserting in place thereof the fol- 
I^raliway 'to lowiug : — Sectioii 16. All rights and privileges granted 
^e buiit^before uudcr this act for the purpose of building a railway be- 
etc. ' ' tween Boston and Fall River shall be forfeited, except 
as to any portion of said railway built, if twenty miles 
of said railway are not built before the first day of July 
in the year nineteen hundred. If twenty miles of said 
railway shall have been built before said first day of July, 
then all rights and privileges under this act shall extend 
until the first day of July in the year nineteen hundred 
and two as to the remainder of the route between Boston 
and Fall River. 

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

Approved March 11, 1899. 

(Jh(ip.\^^ An Act to enable the metropolitan park commission to re- 
store AND ENLARGE THE BATH HOUSE AND TO PROVIDE ADDI- 
TIONAL facilities AT REVERE BEACH RESERVATION. 

Be it enacted, etc., as follows : 

Parks^Loan? SECTION 1. The metropolitan park commission is 

hereby authorized to expend the sum of one hundred 
and twenty-five thousand dollars for the purpose of re- 
storing and enlarging the bath house and of providing 
additional facilities at Revere beach reservation, in addi- 
tion to all sums heretofore authorized to be expended by 
it ; and to meet the expenditures incurred under author- 
ity of this act the treasurer and receiver general shall 
issue a corresponding amount of scrip or certificates of 
indebtedness as an addition to the Metropolitan Parks 
Loan, and shall add to the existing sinking fund to pro- 
vide for the payment of the same. Said scrip or cer- 
tificates of indebtedness shall be issued and additions 
to said sinking fund shall be assessed and collected in 
accordance with the provisions of sections nine, ten, 
eleven and twelve of chapter four hundred and seven 
of the acts of the year eighteen hundred and ninety- 



Acts, 1899. — Chaps. 143, 144. 99 

three, and with the provisions of chapter two hundred 
and eighty-three of the acts of the year eighteen hundred 
and ninety-five and chapter five hundred and fifty of the 
acts of the year eighteen hundred and ninety-six. 

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

Apjnoved March 11, 1809. 

An Act to rKOviDE fok the better enforcement of the laws (7/^a».143 

RELATIVE TO THE PUBLIC HEALTH. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter four hundred and amended.* ^' 
sixty of the acts of the year eighteen hundred and ninety- 
three is hereby amended by striking out the whole of said 
section and inserting in place thereof the following : — 
Section 1. The supreme judicial court or any justice Enforcement of 

,-, r 111 ' 1 'j'ji i* orders relative 

thereof, and the superior court or any justice thereoi, to puuiic health. 
sitting in term time or vacation, shall, on the petition 
of the board of health of a city or town, have jurisdic- 
tion in equity to enforce its orders relative to the pul)lic 
health, and this remedy shall not supersede but shall 
be in addition to any other remedies provided for the 
purpose. 

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

Approved March 11, 1899. 

An Act to authorize the trustees of donations to the Qhf,ry I44 

PROTESTANT EPISCOPAL CHURCH TO HOLD ADDITIONAL REAL 
AND PERSONAL ESTATE. 

Be it enacted, etc., as follows : 

Section 1. Section three of chapter ninety of the acts isio, 90, §3, 
of the year eighteen hundred and ten is hereby amended '*™''" *" 
by striking out in the last clause thereof the words ' ' actual 
or estimated, the sum of fifteen thousand dollars", and 
inserting in place thereof the words : — collected by said 
corporation, the sum of forty thousand dollars, — so as 
to read as follows: — Section 3. Be it further enacted, ponatlon °to the 
that the said trustees, and their successors, in their cor- Protestant 

• 1111 111 1 Episcopal 

porate name and capacity, shall be, and hereby are made church may 

^ 1 1 . 1 , ^ • . 1 111 hold additional 

capable in law to receive, take, hold, possess, manage, estate, etc. 
dispose of, lease, bargain, sell, and improve, conformably 
to the intentions, and subject to the limitations and direc- 
tions of the donors, all donations of money and other per- 



100 Acts, 1899. — Chap. 115. 

sonal estate, and of lands and tenements and other real 
estate, which shall and may ])e lawfully jxiven, devised or 
transferred to the said trustees, and which shall ])e law- 
fully vested in, or recovered by them, and whereof the 
proceeds, profits, income, or beneficial interest shall be 
directed to the purpose of supportinij: a Bishop in the 
protestant episcopal church, or of promoting any religious 
or charitable institution of the said association of churches 
within this Commonwealth ; and to receive, take, hold, 
manage, and improve any other real or personal estate, 
which shall be lawfully conveyed, granted, or assigned to 
the said corporation in trust, and whereof the income shall 
be directed and appropriated to the support of a religious 
pastor or teacher in any society or church, members of 
the said association of churches, under the superintendence 
Proviso. Qf the same Bishop : provided, that the estates, real and 

personal, which may be vested in the said corporation, 
other than such estates and property as may be conveyed 
or assigned in trust for the support of a religious pastor 
or teacher as aforesaid, shall not exceed, at any one time, 
in the annual income thereof, collected by said corpora- 
tion, the sum of forty thousand dollars. 

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

Approved March 11, 1899. 

C^ff7?.145 ^^ ^^^ MAKING AN APPROPRIATION FOR THE RECLAMATION OF THE 
PROVINCE LANDS FOR THE BENEFIT OF PROVINCETOWN HARBOR. 

Be it enacted, etc., asfolloivs: 
Appropriation SECTION 1. The sum of ten thousand dollars is hereby 

for reclamation /• i /• i 

of the Province appropriated, to be paid out of the treasury ot the Com- 
monwealth from the ordinary revenue, to be expended 
during the period of three years from the passage of this 
act under the direction of the board of harbor and land 
commissioners, for the reclamation of the Province lands 
belonging to the Commonwealth in the county of Barn- 
stable, as a means toward the preservation of Province- 
town harbor. 

Expenditure. SECTION 2. Of the Said amount there shall be expended 

not more than one third in any one year, except that if less 
than two thirds of the whole sum hereby appropriated shall 
have been spent during the first two years the balance so 
remaining may be added to the one third set apart for the 
third year. 

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

Appro rerl March IS, 1899. 



Acts, 1899. — Chaps. 146, 147. 101 



An Act kelativk to nomination papers and conventions. G^tt».146 
Be it enacted, etc., as folio ics : 

Section 1. Section one hundred and thirty-seven of a^^^j^ed ^ ^^^• 
chapter five hun(h'ed and forty-eight of the acts of the 
year eighteen hundred and ninety-eight is hereby amended 
l>v fstrikiiiii: out the whole of said section and inserting in 
l)hice thereof the following: — Section 137. No conven- Caiiing of con- 
tion to nominate candidates for any state or city office 
shall be called for a date earlier than four days after the 
holding of the caucuses for the choice of delegates thereto, 
and all such conventions shall be called for a date not later 
than forty-eight hours prior to the hour for filing certifi- 
cates of nomination as provided in section one hundred 
and forty-five of this act. 

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

Ajjjyroved March 14, 1899. 



ventioDB. 



Ckap.Ul 



An Act relative to sales op real estate by guardians. 
Be it e)i acted, etc., as folio ics : 

Section 1. Section one of chapter one hundred and p-8.i4o. §i, 

„ , _^ . 1 amended. 

forty of the Public Statutes is hereby amended by adding 
at the end thereof the following words: — and the guar- 
dian may be so licensed to sell his ward's real estate for 
the ])urpose of raising money with which to pay, in whole 
or in part, existing mortgages on real estate that may have 
come to his ward by inheritance or otherwise, — so as to 
read as follows : — Section 1. When the personal estate in Real estate of 
the hands of a guardian is insufficient to pay all the debts To^d foTp^ay-^ 
of the ward, with the charges of managing his estate, the ^c.°*°^ ^^'"*' 
guardian may be licensed to sell the ward's real estate for 
that ]iurpose in like manner and upon like terms and con- 
ditions, except as hereinafter provided, as are prescribed 
for a sale of real estate by an executor or administrator ; 
and the guardian may be so licensed to sell his ward's real 
estate for the purpose of raising money with which to pay, 
in whole or in part, existing mortgages on real estate that 
may have come to his ward by inheritance or otherwise. 
Section 2. This act shall take effect upon its passage. 

Approved March 14, 1899. 



102 



Acts, 1899. — Chaps. 148, 149. 



Chcip.^4:S An Act relative to the preparation of voting lists. 

Be it enacted^ etc., as follows : 

Section 1. Section sixty-one of chapter five hundred 



1898, 548, § 61, 
amended. 



Voting lists, 
contents, 
arrangement, 
etc. 



and forty-eight of the acts of the year eighteen hundred 
and ninety-eight is hereby amended b}' inserting after the 
word "order", in the fourteenth line, the words: — or 
by streets, — so as to read as follows : — Section 61 . Tiie 
registrars shall, from the names entered in the annual reg- 
ister of voters, prepare voting lists for use at the several 
elections to be held therein. In such voting lists they 
shall place the names of all voters entered on the annual 
register, and no others, and opposite to the name of each 
his residence on the preceding first day of May, or at the 
time of his becoming an inhabitant of such place after 
said day, and in Boston the age of each male voter 
therein ; and they shall enter the names of women voters 
in separate columns or lists. In cities they shall prepare 
such voting lists by wards, and if a ward or a town is 
divided into voting precincts, they shall prepare the same 
by precincts, in alphabetical order, or by streets, except 
that in Boston the voting lists shall be prepared by streets. 
Section 2. This act shall take efiect upon its passage. 

Approced March 14, 1899. 



Chap.\4t^ An Act to authorize the town of Arlington to refund a 

PART OF ITS INDEBTEDNESS. 



Arlington 
Town Uouse 
Site Loan. 



Be it enacted, etc., as follows : 

Section 1. For the purpose of refunding or paying 
the outstanding notes of the town of Arlington, given in 
payment of real estate purchased by the town under a 
vote passed on the seventh day of April in the year eight- 
een hundred and ninety-eight, the board of selectmen of 
said town are hereby authorized to issue scrip or bonds 
of the town to an amount not exceeding fifty-two thou- 
sand dollars. Said scrip or ])onds shall not be sold for 
less than par, shall be signed l)y the treasurer and counter- 
signed by the board of selectmen of said town, shall ])e 
denominated on the face thereof, Arlington Town House 
Site Loan, shall bear interest at a rate not exceeding four 
per cent per annum, payable semi-annually, and the prin- 
cipal shall be payable at a period or periods of not more 



Acts, 1899. — Chap. 150. 103 

than forty years from the issuing of such scrip or bonds. 
Said town at its next annual town meeting, or at any sinking fund. 
special meeting called for the purpose within the current 
year, shall establish a sinking fund sufficient with the ac- 
cumulating interest to provide for the payment of said 
scrip and bonds at maturity. All premiums received on 
the sale of said scrip or bonds shall be paid into the said 
sinking fund. 

Sectiox 2. For the purpose of refunding or paying Arlington 
the outstanding note of the town of Arlington, issued loL! 
under a vote passed on the twenty-eighth day of May in 
the year eighteen hundred and ninety-eight, to provide 
funds for the erection of a new schoolhouse called the 
Locke School, the board of selectmen of said town are 
hereby authorized to issue twenty negotiable notes or 
bonds of the town, each for the sum of fourteen hundred 
and fifty dollars, and made payable one in each consecu- 
tive year beginning with the day of issuing the same. 
Said notes or bonds shall not be sold for less than par, 
shall bear interest at a rate not exceeding four per cent 
per annum, payable semi-annually, shall be signed by the 
treasurer and countersigned by the board of selectmen of 
said town and shall be denominated on the face thereof, 
Arlington Locke School Loan. All premiums received 
on the sale of said notes shall be applied to the payment 
of the same. 

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

Approved March 15, 1899. 

An Act to al'thorize the town of leojunster to supply the Qhari 150 

INHABITANTS OF THE TOWN OF LUNENBURG WITH WATER. " 

Be it enacted, etc., asfolloivs: 

Section 1. The town of Leominster may supply the Town of 
inhabitants of the town of Lunenburg with water for the may supply 
extinguishment of fires and for domestic and other pur- Lunendg^ 
poses^ and may construct and lay down conduits, pipes with water, etc 
and other works, under or over any lands, water courses, 
railroads or public or private ways, and along any such 
ways within the town of Lunenburg in such manner as 
not unnecessarily to obstruct the same ; and for the pur- 
pose of constructing, maintaining and repairing such con- 
duits, pipes and other works, and for all proper purposes 
of this act, the town of Leominster may enter upon, dig 



104 



Acts, 1899. — Chap. 150. 



Proviso. 



DiBtribution of 
water, etc. 



Town of Lunen- 
burg may take 
property, 
rights, etc. 



up, raise and embank any such lands and ways : provided, 
however, that the town of Leominster shall not enter upon 
or dig up, raise or embank, any public ways in the town 
of Lunenburg, except with the consent of the board of 
selectmen of that town, and the town of Leominster shall 
maintain and keep in repair to the satisfaction of the select- 
men of the town of Lunenburg the public ways dug up 
or otherwise disturbed in said town, and shall pay all 
damages sustained by any person in consequence of any 
act or neglect upon the part of the town of Leominster, 
its agents or employees, in digging up or otherwise dis- 
turbing any lands or public or private ways within said 
town. 

Section 2. The town of Leominster may distribute 
water through the town of Lunenburg or any part thereof, 
may regulate the use of such water and fix and collect 
rates for the use of the same ; and said town or any fire 
district now or hereafter established therein, or any indi- 
vidual or corporation, may make such contract with the 
town of Leominster for the extinguishment of fires or for 
other purposes as may be agreed upon between the parties ; 
and the town of Leominster may establish and maintain 
fountains and hydrants in the town of Lunenburg, and 
may relocate or discontinue the same. 

Section 3. The town of Lunenburg shall have the 
right at any time to take, by purchase or otherwise, the 
property and all the rights and privileges of the town 
of Leominster within the town of Lunenburg, on pay- 
ment to said town of Leominster of the actual cost of its 
works and property of all kinds held under the provisions 
of this act, including in such cost interest at the rate of 
four per cent per annum on each expenditure from its date 
to the date of the purchase or taking herein authorized. 
If the cost of maintaining and operating said works shall 
exceed in any year the income derived from them for that 
year then such excess shall be added to the total cost ; 
and if the income derived from said works exceeds in any 
year the cost of maintaining and operating them for that 
year then such excess shall be deducted from the total 
cost ; and the town of Leominster shall keep a separate 
account of the cost and operating expenses of its plant 
within the town of Lunenburg, which account shall be 
open to the selectmen or to any committee appointed by 
the town of Lunenburg when it shall have voted to pur- 



Acts, 1899. — Chaps. 151, 152. 105 

chase the works and property of the town of Leominster 

within tlie limits of the town of Lunenburo-. In case said incase of dis- 

1 11 1 . 1 ^ . , 1 agreement 

town shall vote to purchase said property, rig-lits and supreme jmn- 

cial court to 

privileges, and cannot agree with the town of Leominster fix cost, etc. 
as to the amount of the total actual cost thereof, then 
upon a suit in equity by either of said towns the supreme 
judicial court shall ascertain and fix such total actual cost 
under the foregoing provisions of this act, and shall en- 
force the right of the town of Lunenburg to take posses- 
sion of said property, rights and privileges, upon the 
payment of such cost to the town of Leominster. This Taking to be 
authority to take said property, rights and privileges is aTwothwi'^ 
granted upon condition that the same is assented to by ^'°'®' ®''=- 
the town of Lunenburg 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 Proviso. 
shall be held in any one year. 

Section 4. This act shall take effect upon its passage, to distribute 
but shall become void unless the town of Leominster shall iT^"" '^'''"° 
have begun to distribute water through its pipes to con- 
sumers in the town of Lunenburg within three years from 
the date of its passage. Approved March 16, 1899. 



An Act to authorize the employment of a messenger in the (7^^».151 
department oe the auditor of the commonwealth, 

Be it enacted, etc., as follows : 

Section 1. The auditor of the Commonwealth may Auditor may 
employ in his department a messenger, who shall receive ^"^Bgenger. 
a salary not exceeding nine hundred dollars a year. 

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

Approved March 16, 1899. 



iree years. 



Cha2).W2 



An Act to empower the county commissioners of the county 
of middlesex to establish a highway in the city of newton. 

Be it enacted, etc., as folloios: 

Section 1. The county commissioners of the county Highway may 
of iSIiddlesex are hereby empowered to lay out and estab- ^e established. 
lish a public highway from Riverside road in the town of 
Weston to Charles street in the city of Newton. 

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

Approved March 16, 1899. 



106 Acts, 1899. — Chaps. 153, 154, 155, 156. 



C^ttB.153 An -^CT to authorize the treasurer of the county of BRIS- 
TOL TO employ ADDITIONAL CLERICAL ASSISTANCE. 



Additional 

clerical 



Be it enacted, etc., as follows: 

Section 1. The treasurer of the county of Bristol may 
asBistance. emploj additional clerical assistance in his office at an 
annual expense not exceeding three hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 16, 1899. 

Chcip,\54: An Act to establish the salary of the clerk of the first 

DISTRICT COURT OF SOUTHERN WORCESTER. 

Be it enacted, etc., asfolloivs: 

distdcfcom* Section 1. The salary of the clerk of the first district 

wonielter." court of southcm Worccstcr shall be eight hundred dol- 
lars a year, to be so allowed from the first day of June in 
the year eighteen hundred and ninety-nine. 

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

Ajijji^oved March 16, 1899. 

Ch(ip.\55 An Act relative to the construction of a channel from 

VINEYARD SOUND TO LAKE ANTHONY. 

Be it enacted, etc., as follows : 

Sa^nner/rom"^ Section 1 . For the purposc of carrying out the pro- 
Jound^to''Lake visious of chapter four hundred and forty-one of the acts 
Anthony. of thc year eighteen hundred and ninety-eight for the 

construction of a channel from Vineyard Sound to Lake 
Anthony, and for building the necessary works for the 
protection and maintenance of said channel, the board of 
harbor and land commissioners is hereby authorized to 
expend a sum not exceeding fifteen thousand dollars in 
addition to the amount authorized by section three of said 
chapter four hundred and forty-one. 

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

A2)proved March 16, 1899. 

ChctpAtjG An Act to relieve certain towns from the support of in- 
mates OF certain state institutions. 

Be it enacted, etc., asfolloivs: 

amendtd.^**^" Chapter two hundred and forty-three of the acts of the 
year eighteen hundred and ninety-two, as amended by 



Acts, 1899.— Chap. 157. 107 

chapter three hundred and seventy-five of the acts of the 
year eighteen hundred and ninety-tive, is hereby amended 
by inserting after the word " person ", in the seventh line, 
the words : — or whenever such town is lawfully charged 
with the maintenance of an inmate of the Massachusetts 
School for the Feeble-minded or of the Hospital Cottages 
for Children, — so as to read as follows : — Whenever it Reimbiirsement 

1111 1 jji 1 Ml to certain towns 

shall be made to appear to the governor and council that for maintenance 
a town of this Commonwealth having a taxable valuation certain'iustitu. 
of less than five hundred thousand dollars, in the valua- ''°°^' 
tion of polls and estates established by the general court, 
is lawfully charged with the maintenance, at one of the 
state lunatic hospitals or asylums, or the state almshouse 
or state farm, of an insane person, or whenever such town 
is lawfully charged with the maintenance of an inmate of 
the Massachusetts School for the Feeble-minded or of the 
Hospital Cottages for Children, by reason of such person 
having a legal settlement in such town, the expense here- 
after incurred for such maintenance may be reimbursed 
such town in whole or in part from the state treasury. 

A2)2yroved March 16, 1S99. 



Chap AT)! 



An Act relative to certain payments to be made to the 

worcester polytechnic institute. 
Be it enacted, etc., as follows : 

Section 1. There shall be paid annually from the worceBter 
treasury of the Commonwealth to the treasurer of the Fnituute!'"' 
AVorcester Polytechnic Institute, from the first day of 
September in the year eighteen hundred and ninety-nine, 
the sum of six thousand dollars. 

Sectiox 2. In consideration of such payment and of Free scholar- 

*■ *^ ships, 

the grant made by chapter fifty-seven of the resolves of 
the year eighteen hundred and sixty-nine the Worcester 
Polytechnic Institute shall maintain forty free scholar- 
ships, of which each senatorial district in the Common- 
wealth shall be entitled to one, if a candidate is presented 
who is otherwise unable to bear the expense of tuition. 
In case no such candidate appears from a senatorial dis- 
trict then a candidate may be selected from the state at 
large to fill such vacancy, who may continue to hold the 
scholarship annually until a candidate is presented from 
the senatorial district unrepresented. 

Section 3. The scholarships shall be awarded to such fehoiSpJ. 
pupils of the public schools of Massachusetts as shall be 



108 



Acts, 1899. — Chaps. 158, 159. 



found upon examination to possess the qualifications fixed 
for the admission of students to said institute, and who 
shall be selected by the board of education, preference in 
the award being given only to qualified candidates other- 
wise unable to bear the expense of tuition. 
^^P^"'* Section 4. Chapter seventy-two and so much of 

chapter fifty-seven of the resolves of the year eis^hteen 
hundred and sixty-nine as relates to state scholarships, 
and chapter four hundred and seven of the acts of the 
year eighteen hundred and ninety-six, are hereby repealed. 

Approved March 16, 1899. 



Chap 



Inmates of 
certain institu- 
tions may be 
transferred. 



.158 -^N -^^T '^^ AUTHORIZE TRANSFERS FROM THE LYMAN SCHOOL FOR 
BOYS AND FROM THE STATE INDUSTRIAL SCHOOL FOR GIRLS TO 
THE HOSPITAL COTTAGES FOR CHILDREN OR THE MASSACHUSETTS 
SCHOOL FOR THE FEEBLE-MINDED. 

Be it enacted, etc., as follows: 

The state board of insanity may, on the request of the 
trustees of the L^'man and industrial schools, transfer 
from either of said schools to the Hospital Cottages for 
Children or to the Massachusetts School for the Feeble- 
minded, any inmate whose condition would be benefited 
by such transfer, upon the certificate of a physician that 
such person is a suitable subject for treatment at either 
of the last named institutions. 

Approved March 16, 1899. 



Ch(inA.5Q ^^ '^^^ MAKING APPROPRIATIONS FOR SUNDRY EDUCATIONAL EX- 
PENSES. 

Be it enacted, etc., asfoUoivs: 
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, except as herein 
provided, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hun- 
dred and ninety-nine, to wit : — 

For the salary and expenses of the secretary of the 
state board of education, forty-five hundred dollars, to 
be paid out of the moiety of the income of the Massa- 
chusetts School Fund applicable to educational purj)Oses. 

For clerical and messenger service for the state board 
of education, a sum not exceeding two thousand dollars. 



State board of 

education, 

secretary. 



Clerical and 
messenger 



Acts, 1899.— Chap. 159. 109 

For salaries and expenses of agents of the state board Agents. 
of education, a sum not exceeding twelve thousand seven 
hundred and fifty dollars. 

For incidental and contingent expenses of the state Expenses. 
board of education and of the secretary thereof, a sum 
not exceeding eighteen hundred dollars. 

For travelling and other expenses of the members of nwmhersoi 
the state board of education, a sum not exceeding one board. 
thousand dollars. 

For the support of state normal schools, including the state normal 
employment of accountants, and certain other expenses ^"^ °° ^' 
of the boardin<r houses at Bridgewater, Framingham and 
Westfield, a sum not exceeding two hundred forty-one 
thoitsand three hundred and lifty-three dollars, to be paid 
out of the moiety of the income of the Massachusetts 
School Fund applicable to educational purposes, the ex- 
cess, if any, to be paid from the treasury of the Com- 
monwealth. 

For the support of the state normal art school, a sum state normal 
not exceeding twenty-three thousand five hundred and 
six dollars, to be paid out of the moiety of the income 
of the Massachusetts School Fund applicable to educa- 
tional purposes, the excess, if any, to be paid from the 
treasury of the Commonwealth. 

For the expenses of teachers' institutes, a sum not ex- Teachers' 
ceeding two thousand dollars, to be paid out of the moiety "'^'^'*"^^®- 
of the income of the Massachusetts School Fund appli- 
cable to educational purposes. 

For the Massachusetts Teachers' Association, the sum MasBachusetts 
of three hundred dollars, to be paid out of the moiety of Aesociation. 
the income of the Massachusetts School Fund applicable 
to educational purposes, subject to the approval of the 
state board of education. 

For expenses of county teachers' associations, a sum county 
not exceeding three hundred and twenty-five dollars, to Llsocfations, 
be paid out of the moiety of the income of the Mas- 
sachusetts School Fund applicable to educational pur- 
poses. 

For the Dukes County educational association, the sum Dukes county 

of fifty dollars. assodatTon! 

For aid to pupils in state normal schools, a sum not Auitopupiis 

T. n A^ Tin i i • • i m state normal 

exceeding tour tiiousand dollars, payable in semi-annual schools. 
instalments, to be expended under the direction of the 
state board of education. 



110 



Acts, 1899. — Chap. 160. 



School Buperin- 
tendents in 
small towns. 



Education of 
deaf pupils. 



Examination 
and certification 
of school 
teachers. 



exceeding 



To enable small towns to })rovide themselves with school 
superintendents, a sum not exceeding sixty-three thou- 
sand seven hundred and fifty dollars. 

For the education of deaf pupils of the Commonwealth 
in the schools designated l)y law, a sum not 
sixty thousand dollars. 

For expenses in connection with the examination and 
certification of school teachers b}' state authority, a sum 
not exceeding five hundred dollars. 

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

Approved March 17^ 1899. 



Chap 



Appropriations. 



Public docu- 
ments. 



Pamphlet edi- 
tion, acts and 
resolves. 



Blue book. 



Publication of 
laws, etc. 



Decisions of 
supreme judi- 
cial court. 

Purchase of 
paper. 



AsBessors' 
books, etc. 

Registration 
books, etc. 



.160 -^N ^^"^ MAKING APPROPRIATIONS FOR PRINTING AND BINDING 
PUBLIC DOCUMENTS, THE PURCHASE OF PAPER AND PUBLISHING 
LAWS. 

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-nine, to wit : — 

For printing and binding the series of public documents, 
a sum not exceeding sixty thousand dollars. 

For printing the pamphlet edition of the acts and re- 
solves of the present year, a sum not exceeding four thou- 
sand dollars. 

For printing and binding the l)lue book edition of the 
acts and resolves of the present year, a sum not exceeding 
seven thousand dollars. 

For the newspaper publication of the general laws and 
information intended for the public, a sum not exceeding 
five hundred dollars. 

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

For the purchase of paper used in the execution of the 
contract for the state printing, a sum not exceeding thirty- 
two thousand dollars. 

For assessors' books and blanks, a sum not exceeding 
fifteen hundred dollars. 

For registration books and blanks, indexing returns and 
editing registration report, a sum not exceeding five thou- 
sand dollars. 



Acts, 1899. — Chap. 161. Ill 

For printing and distributing ballots, a sum not exceed- balrou"*' **°'' 
ing eighty-five hundred dolhirs. 

For blank forms for town officers, election laws and ^J^;'*"'' ^°''"*' 
instructions on all matters relating to elections, and ex- 
pense of advertising the state ticket, a sum not exceeding 
three thousand dollars. 

For furnishing blanks to registrars of voters, a sum Bianke. etc. 
not exceeding five hundred doMars. 

For collating, indexing and publishing the acts and ga"^';'ia'j,°° "^ 
resolves of the general court, from the adoption of the 
constitution to the year eighteen himdred and six, a sum 
not exceeding forty-five hundred dollars. 

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

Approved March 17^ 1899. 



Chap.161 



An Act relative to the erection and alteration of build- 
ings IN THE CITY OF BOSTON. 

Be it enacted, etc., as foUoivs : 

Section 1. Section one of chapter ninety-seven of the i895, 97, §i, 
acts of the year eighteen hundred and ninety-five is hereby "™^° * 
amended by inserting in the eighth line, after the words 
''dwelling house", the words : — for more than one family, 
— so as to read as follows: — Section 1. No building Erection, etc.. 
hereafter erected in the city of Boston shall be occupied Boston.'"*''^'" 
above the second story by more than one family, unless 
it is a first or second class building, and no second class 
building more than sixty-five feet in height above the 
cellar bottom, or third class building more than three 
stories in height, shall be erected, enlarged or altered, 
and occupied as a lodging house, tenement house or 
dwelling house, for more than one family, unless the 
liasement and first story shall be constructed in the man- 
ner provided for the basement and first story of first class 
buildings, under section twenty-three of chapter four hun- 
dred and nineteen of the acts of the year eighteen hun- 
dred and ninety-two. 

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

Approved March 17, 1899. 



112 



Acts, 1899. — Chap. 162. 



GhUV 162 ^^ ^^'^ ^^ INCORrOKATE THE CITY OK MELKOSE. 

Be it enactedy etc., as follows: 



TITLE I. 



MUNICIPAL GOVERNMENT. 



AdrniniBtration 
of municipal 
affairs, etc. 



City of Melrose. SECTION 1. Thc inhabitants of the town of Melrose 
shall continue to be a body politic; and corporate, under 
the name of the City of Melrose ; and as such shall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and shall be subject to all the duties and obli- 
gations now pertaining to and incumbent upon said town 
as a municipal corporation. 

Section 2. The administration of all the fiscal, pru- 
dential and municipal alfairs of said city, with the gov- 
ernment thereof, excepting the afiairs of ])ublic schools, 
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 be called the board of aldermen. The executive 
department shall never exercise any legislative power, 
and the legislative department shall never exercise any 
executive power. 

Section 3. The territory of said city shall first be 
divided into seven wards, as hereinafter provided, but 
said number, upon any subsequent division of said city 
into new wards, may be increased by an affirmative vote 
of a majority of the members of the board of aldermen, 
with the approval of the mayor, passed previous to such 
division, and in the same municipal year. 



Seven wards. 



TITLE II. 



ELECTIONS AND MEETINGS. 



Municipal eiec- Section 4. The municipal election shall take place 
municipal year, aunuaily ou the sccoud luesday oi December, and the 
municipal year shall begin on the first Monday of January 
following, at ten o'clock in the forenoon. All meetings 
of the citizens for municipal purposes shall be called by 
warrants issued by order of the board of aldermen, which 
shall be in such form and shall be served and returned in 
such manner and at such times as the board of aldermen 
may by ordinance direct. 

Section 5. At such municipal election there shall be 
elected by ballot a mayor, aldermen at large and aldermen 
by wards, and members of the school committee. The 
mayor, aldermen, and school committee, shall respectively 



Certain ofTicers 
to be elected by 
ballot, etc. 



Acts, 1890. — Chap. 162. 113 



be elected and hold office as follows: — The mayor for 
the term of one year and until his successor is elected 
and qualified ; the aldermen at large for the term of two 
3'ears, except for the first term herein provided, and the 
aldermen by wards for the term of one year ; the school 
committee for the term of three years, exce})t as herein 
otherwise provided. The ])oard of aldermen shall con- 
sist of twenty-one members, until otherwise provided. At 
each annual city election thereafter there shall be elected 
officers to fill vacancies and to succeed those whose terms 
will expire u})on the tirst ^Monday of January following. 

Section G. All meetini»:s for the election of national, Meetings for 

. • "'/n 1111 nil 1 election of 

state, county and district officers shall be called by order national, state, 
of the board of aldermen, in the same manner as meet- ^'^''^ 
ings for municipal elections are called. 

Section 7. When no convenient Avardroom for hold- ward meetings 
mg the meetings ot the citizens ot any ward can be had adjacent ward. 
within the territorial limits of such ward the board of 
aldermen may appoint and direct in the notice for calling 
any meeting of the citizens of such ward that the meet- 
ing be held in some convenient place within the limits of 
an adjacent ward of the city ; and for such purpose the 
place so assigned shall be deemed and taken to be a part 
of the ward for which the election is held. 

Section 8. General meetings of the citizens ^l^'^li- j^^g^jf uaim'ed 
fied to vote may from time to time be held, according voters. 
to the right secured to the people by the constitution of 
the Commonwealth, and such meetings may, and upon 
the re(iuest in writing of fifty (|ualified voters setting 
forth the })urposes thereof, shall be called by the board 
of aldermen. 

TITLE III. LEGISLATIVE DEPARTMENT. 

Section 9. The board of aldermen shall consist of ^^^n'^lrecttou?' 
twenty-one mombors, who shall be elected as follows: — terms, etc. 
Two members from each ward to be elected by and from 
the qualified voters of that ward, and seven members at 
large to be elected by and from the qualified voters of the 
entire city. The aldermen elected by wards shall serve 
for the term of one year, and the aldermen elected at 
large shall serve for the term of two years, except as 
hereinafter provided in this section, beginning with the 
first Monday in January next ensuing after the annual 
municipal election. At the first municipal election the 



114 



Acts, 1899. — Chap. 162. 



Board of alder- fQjjj, candidates for aldermen at large who have the highest 

men, election, , /. i /v> i u i t i i i 



terms, etc. 



Quorum. 



Oath of office 
of mayor and 
aldermen. 



Board of alder- 
men, organiza- 
tion, etc. 



numbe^' of votes cast for such office shall be declared elected 
for the term of two years, and the three candidates for 
aldermen at large who have the next highest number of 
votes cast for such office shall be declared elected for the 
term of one year ; and at the first annual municipal elec- 
tion thereafter three aldermen at large shall be elected for 
the term of two years, and at the second annual municipal 
election thereafter four aldermen at large shall be elected 
for the term of two 3 ears, and thus the number of alder- 
men at large shall be kept at seven by the alternate an- 
nual election of three aldermen at large for the term of 
two years and four aldermen at large for the term of two 
years. A majority of the board shall constitute a quorum 
for the transaction of business, but a smaller number may 
adjourn from day to day. 

Section 10. The mayor and the aldermen elect shall 
annually on the first Monday in January, at ten o'clock 
in the forenoon, meet and be sworn to the faithful dis- 
charge of their duties. The oath shall be administered, 
at their first meeting after the acceptance of this act by 
the town clerk, and in subsequent years by the city clerk, 
or in the absence of either by any justice of the peace, 
and shall be certified and entered on the journal of the 
board of aldermen. In case of the absence of the mayor 
elect on the first Monday in January, or if a mayor shall 
not then have been elected, the oath of office may at any 
time thereafter be administered to him, and at any time 
thereafter in like manner the oath of office may he ad- 
ministered to any alderman who has been previously ab- 
sent or has subsequently been elected ; and every such 
oath shall be certified and entered as aforesaid. 

Section 11. After the oath has been administered to 
the aldermen present they shall be called to order, at their 
first organization by the town clerk, and in subsequent 
years by the city clerk, or in case of the absence of the 
town or city clerk by the oldest senior member present, 
who shall preside until the president of the board of 
aldermen has been elected and qualified. The board of 
aldermen shall then proceed to elect by ballot one of their 
own number president of the l)oard. If no quorum is 
present an adjournment shall be taken to a later hour, or 
to the next day, and thereafter the same proceedings shall 
be had from day to day until a quorum shall be present. 



Acts, 1899. — Chap. 162. 115 

If any person receives the votes of a majority of all the Board of aider- 
members of the board of aldermen such person shall be uon.'etc^"" ^"' 
declared chosen president thereof. If on the first day on 
which a quorum is present no person receives the votes 
of such majority they shall proceed to ballot until some 
person receives the votes of such majority, or until an 
adjournment to the succeeding day is taken, and on such 
succeeding day a plurality of those voting shall be suffi- 
cient for an election. No other business shall be in order 
until a president is chosen. The president shall be sworn 
by the town or city clerk, as the case may be, or in case 
of the absence of the clerk by any justice of the peace. 
The president may be removed from the presidency of the 
board of aldermen by the affirmative vote of two thirds 
of all the members of the board of aldermen, taken by 
roll call. The president of the board of aldermen shall 
have the same right to vote as any other member thereof. 

Section 12. The board of aldermen, as soon as may cuycierk, 
be after the election of the presiding officer aforesaid, Jilllion^^ierm, 
shall elect by ballot a city clerk, who shall also be clerk ^^^' 
of the board of aldermen, a city treasurer, a city collector, 
and a city auditor. The term of said officers shall begin 
upon the first Monday in February following and continue 
until their respective successors are elected and qualified, 
unless they are removed by vote of a majority of all the 
members of the board, taken by ballot. The city treasurer 
may, if so provided by ordinance, also be city collector. 
The city collector shall have and exercise all the powers 
of collectors of taxes, and such other powers as the board 
of aldermen shall by ordinance determine. 

Section 13. Any ordinance, order or resolution of oidl'M^etc!' 
the board of aldermen may be passed through all its 
stages of legislation at one session, provided no member 
of said board objects thereto; but if one or more mem- 
bers object the measure shall be postponed for that meet- 
ing ; and if when it is next brought up five or more 
members object to its passage at that meeting a second 
postponement of at least one week shall be made. 

Section 14. Every ordinance, order, resolution or Proceedings 
vote of the board of aldermen required by law to be pre- [ain oniinancee, 
sented to the mayor shall be presented by the clerk of **'*'■ 
said board to the mayor for his approval in writing ; and 
thereupon the same proceedings shall be had as are pro- 
vided by law in relation to similar ordinances, orders, 



116 



Acts, 1899. — Chap. 162. 



Special meet- 
ings of board 
of aldermen. 



PersonB 
elected or ap- 
pointed to 
receive certifi- 
cates, etc. 



Board of alder- 
men, powers 
and duties. 



resolutions or votos of a city council. The clerk shall 
hold every such ordinance, order, resohition or vote 
twenty-four hours, Sundays and legal holidays excepted, 
and if during such time notice of a motion to reconsider 
is filed with the clerk by any member entitled to make 
such motion the ordinance, order, resolution or vote shall 
be presented to the board at its next meeting; otherwise 
it shall be presented to the mayor at the expiration of 
said twenty-four hours. 

Sectiox 15. The board of aldermen may hold a special 
meeting at any time, without i)revious notice, when all the 
members have assembled, and at such meeting any busi- 
ness may be transacted, provided no member of the board 
objects thereto. 

Section 16. Every person who is elected and every 
person who is appointed by the mayor to an office shall 
receive a certificate of such election or ai)pointment from 
the city clerk, and, except as otherwise provided by law, 
before performing any act under his election or a[)point- 
ment he shall take and subscribe an oath to qualify him 
to enter upon his duties. A record of such oath shall be 
made by the city clerk. Any oath required by this act 
may be administered by the mayor or any officer author- 
ized by law to administer oaths. Records of transactions 
of all officers and boards sliall be properly kept and shall 
be open to the inspection of the public, subject to such 
reasonable restrictions as the board of aldermen may 
prescribe. 

BOARD OF ALDERMEN. 

Section 17. The board of aldermen shall determine 
the rules of its own proceedings and shall be the judge 
of the election and qualifications of its own members. 
In case of the absence of the president the board of alder- 
men shall choose a president pro tempore, and a plurality 
of votes cast shall be sufficient for a choice. The board 
of aldermen shall, except when taking action upon ap- 
pointments or removals, sit with open doors, whether in 
session as a board of aldermen or as a committee of the 
whole, and shall cause a journal of its proceedings to be 
open to public inspection. The vote of the board of alder- 
men upon any question shall be taken by roll call when 
the same is requested by at least five members. The l)oard 
of aldermen shall, so far as is not inconsistent with this 
act, have and exercise all the legislative powers of towns, 



Acts, 1899. — Chap. 162. 117 

have all the powers and be subject to all the liabilities of 
city councils and of either branch thereof, under the gen- 
eral laws of the Commonwealth ; and shall have all the 
powers granted to the town of Melrose or to any board 
thereof by any special legislative act, and it may by or- 
dinance prescribe the manner in which such powers shall 
he exercised. The members thereof shall receive no com- Not to receive 
pensation for their services as members of the board of coQ<pen«atiou. 
aklermen or as any conmiittee of the board of aldermen. 

Section 18. Neither the board of aldermen nor any Not to take pan 
member or committee thereof shall take part, directly or oM™bor?mX* 
indirectly, in the employment of labor, the making of >jjs of contracts, 
contracts, or the })urchase of materials or supplies for the 
city, nor in the construction, alteration or repair of any 
public works, buildings or other property, nor in the 
care, custody or management of the same, nor in the con- 
duct of any of the executive or administrative business 
of the city, nor in the expenditure of public money ex- 
cept such as may be necessary for the contingent and in- 
cidental expenses of the board of aldermen, nor in the 
appointment or removal of any officers of the city except 
as herein otherwise provided ; but nothing in this section 
shall ati'ect the powers or duties of the board of aldermen 
in relation to state aid to disabled soldiers and sailors and 
to the families of those killed in the war of the rebellion, 
or in any wars of the United States, 

Section 19. The board of aldermen shall appropriate Appropriationa, 
annually, before the first day of April, the amount neces- ^^^' 
sary to meet the expenditures of the city for the current 
financial year. In making such appropriations it shall 
have an itemized and detailed statement from the mayor 
of the moneys required, and shall make such appropria- 
tions in detail, clearly specifying the amount to be ex- 
pended for each particular purpose. It shall take care 
that no money is paid from the treasury unless granted 
or appropriated, and shall secure a just and proper ac- 
countal)ility by requiring bonds with sufficient penalties 
and sureties from all city officials entrusted with the re- 
ceipt, custody or disbursement of money, and from each 
employee of the city entrusted wnth the same. It shall ^ee?pt"'a"nd 
as often as once a year, at least ten davs prior to the espeuditures to 

I 1 • 1 1 !• 1 1 /• 1 /• 1 be published, 

annual election, cause to i)e published for the use ot the etc 
inhabitants a particular account of the receipts and ex- 
penditures of said city, and a schedule of all city prop- 



118 



Acts, 1899. — Chap. 162. 



Votes on 
appropriationa 
or loans. 



Ordinances may 
be made with 
penalties 
affised, etc. 



Streets, ways, 

etc. 



Water rates. 



Proviso. 



Not to exclude 
jurisdiction of 
county com- 
missioners. 



erty and of the city debt. The board of aldermen may 
appropriate money from time to time in aid of the Mel- 
rose hospital, and in return for such appropriation the 
hospital shall receive persons for the reception of whom 
the city might lawfully erect, establish and maintain a 
hospital. 

Section 20. All votes of the board of aldermen mak- 
ing appropriations or loans of money shall be in itemized 
form, and when brought before the board of aldermen on 
recommendation of the mayor no item of the appropria- 
tion or loan in excess of the amount recommended by the 
mayor shall be passed except by the affirmative vote of 
two thirds of all the members of the board of aldermen. 

Section 21. The board of aldermen shall, by a two 
thirds vote of all the members thereof, have power within 
said city to make and establish ordinances and by-laws, 
and to affix penalties as herein and by general law pro- 
vided, without the sanction of any court or justice thereof: 
provided, hoivever, that all laws and regulations now in 
force in the town of Melrose shall remain in force until 
they expire by limitation or until they are revised or re- 
pealed by the board of aldermen. Complaint for the 
breach of any ordinance or by-law may be made hy the 
mayor or by any head of a department or by any resident 
of the city. 

Section 22. The board of aldermen shall, with the 
approval of the mayor, have exclusive authority and 
power to order the laying out, locating anew or discontin- 
uing of all streets, ways and highways within the limits 
of said city, and to assess the damages sustained by any 
person thereby, and, except as herein otherwise provided, 
to act in all matters relating to such laying out, locating 
anew, altering or discontinuing. Any person aggrieved 
by the assessment of his damages, or by other action of 
the board of aldermen under this section, shall have all 
the rights and privileges now allowed by law in such 
cases in appeals from decisions of the selectmen of towns. 
Said board shall also have, with the approval of the mayor, 
power to determine the rate to be paid for water by the 
owner of the premises to which water is furnished or by 
the person or persons using the waicv : provided, however, 
that the minimum rates shall be subject to the approval 
of the metropolitan water l)oard. 

Section 23. Nothing in this act shall be construed to 
exclude the jurisdiwtion of the county commissioners. 



Acts, 1809. — Chap. 162. 119 

Section 24. At any meeting of the board of aldermen Mayor may be 
it shall be in order for any member thereof to give written offlieTorm'i™ 
notice, seconded in writing by a majority at least of all negfectV/duty. 
the members of the board of aldermen, of his intention 
to move at the next meeting thereof occurring within not 
less than ten days, a resolution that the mayor be removed 
from office for misconduct or neglect of duty. Such 
notice shall specify as particularly as possible the acts 
of misconduct or the instances of neglect of duty com- 
})lained of, and shall be entered at large by the clerk in 
the minutes of the board of aldermen ; and the clerk 
shall within two da^'s serve or cause to be served a copy 
upon the mayor, and shall mail a copy addressed to each 
of the members of the board of aldermen at his residence. 
At such next meeting of the board of aldermen the mayor 
shall have the right to speak in his own defence and to 
be heard by counsel. The vote on the resolution shall 
be by roll call. If the resolution fails to receive the 
affirmative votes of three fourths of all the members of 
the board of aldermen it shall have no effect, and shall 
not be re-introduced during that meeting of the board 
of aldermen. If it receives the affirmative votes of three 
fourths of all the members of the board of aldermen it 
shall, upon the recording of such vote, take effect, and 
the office of the mayor shall thereupon become vacant. 
The board of aldermen shall thereupon order a warrant 
for a new election for mayor to be issued, and such 
further proceedings shall be had as are provided in sec- 
tion five of this act, or as are provided in case of failure 
to elect a mayor. 

Section 25. No member of the board of aldermen Members of 
shall hold any other office in or under the city govern- mTn nottohoid 
mont, or have the expenditure of any money appropriated omce.'e'tc. 
by the board of aldermen, or act as counsel in any matter 
before the board of aldermen or any committee thereof; 
and no person shall be eligible for appointment to any 
nmnicipal office established by the board of aldermen 
during any municipal year within which he w^as alder- 
man, until after the expiration of the succeeding mu- 
nicipal year. 

Section 26. Every order involving the appropriation certain or. 

-,.. f, '^ ,1 ."^. /. , 1 dinanccs, etc., 

or expenditure oi money or the raisnig oi a tax, ana to be presented 
every ordinance, order, resolution or vote of the board ap^rovaf.e'tc. 
of aldonnon, shall be presented to the mayor, except such 
as relates to the internal affairs of the board of aldermen, 



120 Acts, 1809. — Chap. \ij± 

uau^ll etc 'to ^^ ^^^ ^^^" officei'S oi" employcGS, to the election or duties 
^n »'^ot7or'*^ '° of the city clerk, treasurer, collector, or auditor, to the 
provai, etc. rciiioval of tlic uiajor or the declaration of a vacancy in 
the odicc of mayor. If the mayor approves thereof he 
shall signify his approval by signinii' the same ; if he does 
not approve thereof he shall return it, with his objections 
in writing, to the board of aldermen. The board of alder- 
men shall enter the objections of the mayor at large upon 
its records, and shall reconsider such ordinance, order, 
resolution or vote ; and if after such reconsideration two 
thirds of all the members of the board of aldermen agree, 
notwithstanding such objections, to pass the same, it shall 
be in force. If such ordinance, order, resolution or vote 
includes several items or sums the mayor may approve 
particular items or sums and disapprove others ; and in 
case of such disapproval the part approved shall be in 
force, in like manner as if the items or sums disapproved 
had never been a part thereof; and the mayor shall return 
a statement of the items or sums disapproved to the board 
of aldermen. The items or sums so disapproved shall not 
be included in the appropriation unless passed as herein- 
before provided. If such ordinance, order, resolution or 
vote, or a statement as to the several items or sums thereof, 
be not returned by the mayor within ten da3's after pres- 
entation to him, it shall be in force. Every vote taken 
under the provisions of this section shall be determined 
by the yeas and nays. A filing with the city clerk shall 
be considered a return to the board of aldermen. 

TITLE IV. EXECUTIVE DEPARTMENT. 

po^ters'vested Sectiox 27. The cxccutive powers of the city shall 
in mayor, etc. \yQ yestcd solch' iu the uiavor, and may be exercised by 
him either personally or through the several otficers or 
boards of the city in their respective departments, under 
his general supervision and control. He shall appoint the 
executive officers, including the assistant assessors, sub- 
ject, within fourteen days from the date of appointment, 
to confirmation by the board of aldermen. Unless it shall 
be otherwise provided by ordinance the terms of office 
of such officers shall be as follows: — Assessors first ap- 
pointed hereunder, one, two and three years, respectively, 
and thereafter three jears ; assistant assessors and over- 
seers of the poor, one year; other officers, until they re- 
sijjn or are removed. The mavor shall cause the laws, 



Acts, 1899. — Chap. 162. 121 

ordinances and orders for the government of the city to 
be enforced, and shall cause a record of all hin official acts 
to be kept ; and for that purpose and to aid him in his 
official duties he may appoint one or more assistants and 
define their duties, and shall fix their salaries, subject to 
the approval of the board of aldermen. The salary of 
the mayor shall not be changed during his term of office. 

Section 2H. The mayor may in writing suspend any Maysugpend 
executive officer or any work, and in such case he shall '=^"''^'" 
at once report his action and his reasons therefor to the 
board of aldermen. The suspension of any such officer 
shall, in fifteen days after such report is made, be a re- 
moval, unless within that time he asks for a hearing before 
the l)oard, which shall forthwith be granted, and upon the 
conclusion of such hearing if the board shall determine 
by a vote of two thirds of all its members that the mayor's 
suspension be not sustained the officer shall at once be 
reinstated. Work suspended by the mayor may be carried 
on at his discretion until action is taken by the board, 
if the board within fifteen days after receiving the report 
shall determine by a vote of two thirds of all its members 
that the mayor's action suspending the work })e not sus- 
tained the work shall be prosecuted forthwith. 

Section 29. The mayor shall communicate to the May caii special 
board of aldermen such information and shall recommend board of aider- 
such measures as in his judgment the interests of the city '°®"''-*'^* 
require. He may at any time call a s[)ecial meeting of 
the board of aldermen by causing a notice of such meet- 
ing, specifying the subjects which he desires to have con- 
sidered, to be deposited in the post office, postpaid, or 
left at the usual place of residence of each alderman, or 
given to him in hand at least twenty-four hours before 
the time appointed for such meeting, or in case of emer- 
gency, of which he shall be the judge, within such time 
as he may deem sufficient. 

Section 30. Whenever by reason of sickness or other By whom 
cause the mayor shall be disabled from performing the performeYiu^ 
duties of his office the president of the board of aldermen, abmty^o'f'*' 
or in the event of his disability the president pro tempore, '^^y^^- 
shall become acting mayor during the period that the 
mayor is so disabled. The acting mayor shall during the 
continuance of such disability have all the rights and 
powers of mayor, except that he shall not when so act- 
ing make any permanent appointment, unless such dis- 



122 



Acts, 1899. — Chap. 162. 



Vacancy In 
office of mayor. 



ability of the mayor has continued for a period of thirty 
days, and in that case such appointment shall be subject 
to the approval of the board of aldermen, nor shall he 
approve or disapprove any ordinance, order, resolution 
or vote until within twenty-four hours of the time when 
it would take eifect without the approval of the mayor. 
During such period such acting mayor shall lose his vote 
as a member of the board of aldermen. In case such dis- 
ability of the mayor continues for a period exceeding sixty 
days the board of aldermen may at any time after the ex- 
piration of that period declare a vacancy to exist in the 
office of mayor. 

Section 31. Whenever there shall be a vacancy in the 
office of mayor the president of the board of aldermen, 
or in the event of his disability the president pro tempore, 
shall act as mayor, and possess all the rights and powers 
of mayor during such vacancy, except that when so act- 
ing as mayor he shall not have the power of appointment 
or removal unless authorized thereto in any instance by 
vote of the board of aldermen, and during such period 
such acting mayor shall lose his vote as a member of the 
board of aldermen. 



School com- 
mittee, election, 
term, etc. 



TITLE V. SCHOOL DEPARTMENT. 

Section 32. The management and control of the public 
schools of said city shall be vested in a school committee, 
consisting of nine persons chosen by the city at large, 
three to be chosen at each municipal election, and to hold 
office for the term of three years from the first Monday 
in January then next ensuing. The school committee 
shall serve without pay, and shall exercise the powers 
and discharge the duties imposed by law upon school 
committees. At the first municipal election under this 
act there shall be elected three members of the school 
committee for one year, three for two years and three 
for three years, and thereafter as hereinbefore provided. 
The school committee shall at its first meeting in each 
municipal year, or as soon thereafter as may be, choose 
a chairman from among its members by ballot, and the 
votes of a majority of all the members of the board shall 
be required in order to elect. The committee shall make 
rules for its proceedings. A majority of all the members 
shall constitute a quorum for the transaction of l)usiness, 
but a smaller number may adjourn from time to time. 
No member of the school committee shall hold any other 



Acts, 1899. — Chap. 162. 123 

oflSce in or under the city government or act as counsel 
in any matter before the board of aldermen or any com- 
mittee thereof. 

Section 33. The school committee shall on the first superintendent 
Monday in June, or as soon thereafter as may be, choose election, term, 
by vote of a majority of its members, but not from its ^ '^' 
number, a superintendent of schools, who shall be under 
its direction and control. Such superintendent shall hold 
office until the close of the school year next ensuing or 
until his successor is chosen and qualified, unless sooner 
removed, and he may be removed at any time by the 
school committee by vote of two thirds of all its mem- 
bers. The school committee, so far as appropriations are school com- 
made therefor by the board of aldermen, shall have full JTutiM,' et"!'*'"' 
power and authority to furnish all school buildings with 
proper fixtures, furnishings and equipments. It may also 
appoint janitors and all officers and employees connected 
with the schools, fix their compensation, make rules con- 
cerning their tenure of office, and discharge them at its 
pleasure. The school committee shall in case of a vacancy vacancy. 
in its number forthwith notify the board of aldermen, and 
the board of aldermen shall call a joint convention of the 
members thereof and of the school committee, and at 
such convention the vacancy shall by vote of a majority 
of all the members of the two bodies be filled until the 
end of the municipal year. 

Section 34. The school committee shall be the original Je°ce8^Bu/of °^ 
judge of the expediency and necessity of having^ addi- f'dditionai 

^ c 1 v' J O accoranioda- 

tional or improved accommodations for any public school tions, etc. 
within the limits of the city. Whenever in the opinion 
of the school committee a new schoolhouse is required 
or material alterations are needed it shall send a written 
communication to the board of aldermen, stating the 
locality and the nature of the further provisions for 
schools which are needed ; and no schoolhouse shall be 
located, built or materially altered until the school com- 
mittee has been consulted as to the proposed location and 
plans, and has had full opportunity to set forth its re- 
quirements. 

Section 35. The engineer and superintendent of public Report to be 
works shall on or before the first day of January and the nary condition 
first day of September of each year submit in writing to houB^s"."'' 
the school committee a report of the sanitary condition 
of all the schoolhouses, and shall certify as to their safety 
for school purposes. 



124 



Acts, 1899. — Chap. 162. 



Departments 
and ottieers. 



Aaaessing 
department. 

Charity 
department. 

Health 
department. 

Law depart- 
ment. 

Fire depart- 
ment. 

Police depart- 
ment. 

Public works 
department. 



Public library 
department. 

Ceraetery 
department. 



City clerk 
department. 

Treasury 
department. 



TITLE VI. DEPARTMENTS AND OFFICERS. 

Section 36. There shall be the following departments 
and officers : — 

I. The assessing department, to be under the charge 
of the board of assessors. 

II. The charity department, to be under the charge 
of the board of overseers of the poor. 

III. The health department, to be under the charge 
of the board of health. 

IV. The law department, to be under the charge of 
the city solicitor. 

V. The fire department, to be under the charge of the 
chief of the fire department. 

VI. The police department, to be under the charge 
of the chief of police. 

VII. The public w^orks department, to be under the 
charge of an official Avho shall be known as the engi- 
neer and superintendent of public works. He shall have 
charge of the design, construction, alteration, repair, main- 
tenance and management of the water works, the public 
sewers and drains, the public ways, sidewalks and bridges, 
public parks, squares and playgrounds, and the lighting 
and watering thereof, and also the public buildings, ex- 
cepting however such duties with reference to the school 
buildings as are now conferred by law and this act upon 
the school committee. He shall make and have the cus- 
tody of all plans, surveys, measurements and levels ap- 
pertaining to the public ways, drains, sewers, w^ater works 
and lands, and shall perform such other duties as the board 
of aldermen may prescribe. Subject to the approval of 
the mayor he shall appoint an assistant superintendent in 
the water department, an assistant superintendent in the 
sewer department, and such other assistants as the con- 
dition of the work may require. 

VIII. The public library department, to be under the 
charge of the trustees of the public library. 

IX. The cemetery department, to be under the charge 
of a cemetery committee, to consist of three persons, which 
shall have control of all matters pertaining to public ceme- 
teries and burial grounds. 

X. The city clerk department, to be under the charge 
of the city clerk. 

XI. The treasury department, to be under the charge 
of the city treasurer. 



Acts, 1899. — Chap. 162. 125 

XII. The collecting department, to be under the collecting 
charge of the city collector. department. 

XIII. The auditing department, to be under the Auditing 
charge of the city auditor. department. 

The departments provided for in the first nine clauses Executive 
of this section shall be executive departments, and the '^^p*"™®''*^- 
heads thereof shall be executive officers. 

Section 37. The board of aldermen ma}^ from time Additional 
to time, subject to the provisions of this act and in ac- mayhetlub- 
cordance with general lavs's if they exist in any particular ^i^iie^' ^'^c* 
case, provide by ordinance for the establishment of addi- 
tional boards and other offices, for the management and 
control of a public hospital, and for other municipal pur- 
poses ; may determine the number and duties of the in- 
cumbents of such boards and offices, and for such purposes 
may delegate to such boards and officers the administrative 
powers given by general laws to city councils and boards 
of aldermen. It shall be the duty of the maj^or to ap- 
point on or before the first Monday in February of each 
year all the officers above specified, and, unless otherwise 
provided, all those for whom provision shall hereafter be 
made in accordance with the provisions of this section, 
and their terms of office shall begin on the first Monday 
in March and shall continue for one year or for such other 
period as the board of aldermen shall by ordinance in any 
case provide, except that the terms of office of all the 
officers so specified who shall be first appointed hereunder 
shall begin respectively upon their appointment and qual- 
ification. Every administrative officer shall, unless sooner 
removed, hold office until his successor is appointed and 
qualified. All salaries and the compensation of all em- 
ployees may be fixed by ordinance by the board of alder- 
men, except where otherwise provided herein. 

TITLE VII. PUBLIC LIBRARY DEPARTMENT. 

Section 38. A board of trustees of the public library, Board of 

. • 1. jy • • I I j.i,Ti,j i.*'!- trustees of the 

to consist ot SIX persons, is hereby established, which p„biic library. 
shall have control of the public library department. 

Section 39. The mayor first chosen after the accej)t- t^P^g'^etc""*' 
ance of this act shall as soon as ma}^ be convenient ap- 
point, subject to confirmation by the board of aldermen, 
six persons to be trustees of the jiublic library, two for 
one year, two for two years and tw'o for three years ; and 
thereafter he shall appoint annually two trustees who shall 
hold office for the term of three years next ensuing and 



126 



Acts, 1899. — Chap. 162. 



Organization, 
etc. 



until others shall have been chosen and qualified in their 
stead. Vacancies occurring in said board of trustees shall 
be filled by the mayor, subject to confirmation by the board 
of aldermen. The mayor may at any time remove any 
of said trustees from office for cause. Said trustees shall 
have the management and control of the public library 
of said city of Slelrose and the expenditure of all moneys 
which may be appropriated by said city for said library, 
and of all moneys which may come into the possession 
of said city for the benefit of said library, and may em- 
ploy librarians and such assistants as they shall deem 
necessary, and establish their compensation. 

Section 40. The members of said board shall meet 
and organize by the choice of a chairman, and shall keep 
a record of their proceedings. Said board may make all 
needful rules and regulations concerning said library and 
the use and management thereof. 



Mayor to con- 
sult with heads 
of departmentu, 
etc. 



Estiinates of 
expenses. 



Officers to give 
information 
upon request. 



Sums appro- 
priated for a 
specific purpose 
not to be ex- 
pended for any 
other purpose, 
etc. 



TITLE VIII. GENERAL PROVISIONS. 

Section 41. The mayor shall as often as once in each 
month call together for consultation upon the afiairs of 
the city the heads of departments, who shall, whenever 
called upon, furnish such information relative to their re- 
spective departments as he may request. 

Section 42. The mayor shall in the month of January 
of each year cause to be made to him by the heads of de- 
partments, and by all other officers and boards having 
authority to expend money, detailed estimates of the 
amounts deemed by them to be necessary for their re- 
spective departments for the financial year, which shall 
begin on the first day of the following February, and he 
shall, not later than the first week in February, transmit 
such estimates to the board of aldermen, recommending 
appropriations for each department or purpose, as he shall 
deem necessary therefor. 

Section 43. Every officer of the city shall at the re- 
quest of the board of aldermen give it such information 
in writing or in person as it may require in relation to 
any matter, act or thing connected with his office or 
employment. 

Section 44. No sum appropriated for a specific pur- 
pose shall be expended for any other purpose, and no ex- 
penditure shall be made nor liability incurred by or in 
behalf of the city until an appropriation has been duly 



Acts, 1899. — Chap. 162. 127 

voted by the board of aldermen sufficient to meet such 
expenditure or liability, together with all prior unpaid 
liabilities which are payable out of such appropriation, 
except in accordance with the written recommendation 
of the mayor to the board of aldermen, approved by a 
majority of the entire board of aldermen, the vote to 
be taken by yeas and nays : provided, hoivevev, that after ProviBo. 
the expiration of the financial year and until the passage 
of the annual appropriations the mayor may authorize 
each of the administrative officers and boards to incur 
liabilities to an amount not exceeding one third of the 
total sum appropriated for the same purpose in the pre- 
ceding year ; and such liabilities shall be paid from the 
annual appropriations subsequently made. Every bill, 
pay roll or other voucher covering an expenditure of 
money shall be approved by the signatures thereon of a 
majority of the board or committee having control of or 
incurring such expenditure, and after such approval such 
bills, pay rolls or vouchers shall be turned over to the 
auditor. 

Section 45. No public street shall be dug up without ^"t'tl'^be'dug* 
first obtainino; the written approval of the mayor. No "p without 
person or corporation, except officers and employees ot mayor, etc. 
the executive departments, shall dig up any public street 
without first furnishing to the city sufficient security for 
restoring it to a condition which shall be satisfactory to 
the engineer and superintendent of public works, and for 
keeping the street in such condition for six months after 
the completion of the work. 

Section 46. Whenever mechanical or other work is May advertise 
required to be done, or supplies are required for the city, forwoTTor* 
at a cost amounting to five hundred dollars or more, the *"pp''^*' ^*<'- 
board or committee having the matter in charge shall 
invite proposals therefor by advertisements, such adver- 
tisements to state the time and place for opening the 
proposals, and reserving the right to reject any or all 
proposals. Every proposal for doing such w^ork or mak- 
ing such sale shall be accompanied by a suitable bond or 
certificate of deposit for the faithful performance of such 
proposal, and all such proposals shall be kept by the 
officer or board inviting the same, and shall be open to 
public inspection after said proposals have been accepted 
or rejected. 

Section 47. All contracts made by any department contracts. 



128 Acts, 1899. — Chap. 162. 

Contracts. of the citv, when the amount involved is one hundred 
dollars or more, shall be in writing, and no such contract 
shall be deemed to have been made or executed until the 
approval of the mayor is aflSxed thereto. All contracts 
made as aforesaid shall, when the amount involved is five 
hundred dollars or more, be accompanied by a bond with 
securities satisfactory to the board or committee having 
the matter in charge, or a deposit of money or other 
security for the faithful performance of such contracts ; 
and such bonds or other security shall be deposited with 
the city treasurer until the contract has been carried out 
in all respects ; and no such contract shall be altered ex- 
cept by a written agreement of the contractor, the sureties 
on his bond, and the officer or board making the contract, 
with the approval of the mayor affixed thereto. If the 
amount involved is between one hundred and five hun- 
dred dollars such bond or deposit may be required. 

Question of Section 48. No votc of the board of aldermen au- 

authonzatiou i • • • /• i i i 

ofiHsueof thorizing an issue or bonds or a permanent loan, except 

bonds or loan /> ; i j.' l' t • i • 

maybesub- lor the purposc ot reiunding or renewing, replacing or 
iu'certaW"'^'^^ paying any portion of the municipal indebtedness, shall 
cases, etc. becomc Operative until after the expiration of a period of 
thirty days from the day of the final passage of said vote 
by the board of aldermen, and its approval by the mayor. 
If within said period of thirty days a petition of one hun- 
dred legal voters of the city shall be filed with the city 
clerk, asking that the question of the authorization of 
such issue or loan be submitted to the voters of the city 
at large, the city clerk shall transmit such petition to the 
board of aldermen, and said question shall be submitted 
to the qualified voters of the city voting at large in their 
respective voting places at the next annual municipal elec- 
tion. A special election for voting upon said question 
may however be called by vote of two thirds of the board 
of aldermen, with the approval of the mayor. If the act 
of the mayor and aldermen authorizing such issue or loan 
be approved by a majority of the legal voters of the city 
voting upon the question such act shall at once become 
operative ; but if not so approved such act shall have no 
effect. If such petition be not filed within said period 
of thirty days the act of the maj^or and aldermen author- 
izing such issue or loan shall become operative upon the 
expiration of said period. Nothing in this section shall 
apply to debts incurred for temporary loans made under 
authoritv of statute. 



Acts, 1899. — Chap. 162. 129 

Section 49. All bonds and notes issued by the city Bonds ai>d 
shall be signed b}' the treasurer and countersigned by the signed by** 
mayor, and any coupons attached thereto shall bear the *''«'>''"'•«'■, etc. 
signature of the treasurer or a facsimile thereof. 

Section 50. Upon the passasfe of this act the select- Division of 
men ot said town shall lorthwith divide the territory wards, etc. 
thereof into seven wards, so that the wards shall contain 
as nearly as may be consistent with well defined limits 
an equal number of voters, and they shall designate 
the wards by numbers. They shall, for the purpose of 
the first municipal election, which shall take place on the 
second Tuesday of December next succeeding such pas- 
sage, provide suitable polling places in the several wards 
and give notice thereof, and shall at least ten days pre- 
vious to such second Tuesday in December appoint all 
proper election otficers therefor ; and they shall in gen- 
eral have the powers and perform the duties of the mayor 
and board of aldermen of cities under chapter five hun- 
dred and forty-eight of the acts of the year eighteen hun- 
dred and ninety-eight and acts in amendment thereof and 
in addition thereto, the provisions of which so far as they 
may be applicable shall apply to said election ; and the 
town clerk shall j)erform the duties therein assigned to 
city clerks. The registrars shall cause to be prepared 
and published according to law lists of qualified voters 
in each of the wards established by the selectmen. 

Section 51. If there is no choice of a mayor, or if vacancy in 

111/- 1 /T> office of mayor. 

the person elected mayor shall refuse to accept the otiice, 
or shall die before qualifying, or if in the first nine months 
of the municipal year a vacancy in said ofiice shall occur, 
the board of aldermen shall forthwith call meetings for 
a new election, and the same proceedings shall be had in 
respect thereto as are hereinbefore provided for the elec- 
tion of mayor, and shall be repeated until the election of 
a mayor is completed. But if such vacancy in the office 
of mayor shall occur in the last three months of the mu- 
nicipal year it shall be filled by the board of aldermen by 
a majority vote of all its members. If the full number vacancy in 
of members of the board of aldermen has not been elected, ai"der'!B°en. 
or if a vacancy in the ofiice of alderman shall occur in 
the first six months of the municipal year, it shall be filled 
by an election by the voters of the city in the case of an 
alderman at large, or by an election by the voters of the 
ward entitled to such representative in the case of a ward 
alderman. But if such vacancy occur in the last six 



130 



Acts, 1899. — Chap. 162. 



Certain laws to 
continue in 
force. 



Pending legal 
proceedings not 
affected, etc. 



1885, 312. §§ 1 
and 2, etc , not 
to apply until 
Jan.l, 1905. 



Selectmen to 
notify persons 
elected at first 
election, etc. 



Submission of 
question of 
acceptance. 



months of the municipal yesir it shall be filled by the 
board of aldermen by a majority vote of all its members. 
The person elected to fill such vacancy shall be a resident 
of the ward in which the vacancy occurs. 

Section 52. All laws relating to the town of Melrose 
at the time of the passage of this act shall, until amended 
or repealed, continue in force in the city of Melrose, so 
far as they are not inconsistent herewith. 

Section 53. The passage of this act shall not affect 
any right accruing or accrued, or any suit, prosecution or 
other legal proceeding pending at the time when this act 
shall go into operation, wherein the town of Melrose is 
a party or in any way interested, and no penalty for for- 
feiture previously incurred shall be affected thereby. All 
persons holding office in said town when this act takes 
effect shall continue to hold the same, notwithstanding the 
passage thereof, until the organization of the city govern- 
ment shall be effected, and until the successors of such 
officers respectively shall be elected or appointed and 
qualified. 

Section 54. The provisions of sections one and two 
of chapter three hundred and twelve of the acts of the 
year eighteen hundred and eighty-five and acts in amend- 
ment thereof and in addition thereto shall not apply to 
the city of Melrose until the first day of January in the 
year nineteen hundred and five. 

Section 55. The selectmen shall notify the persons 
elected at the said first election, and shall provide and 
appoint a place for the first meeting of the mayor and 
board of aldermen on the first Monday in January next 
ensuing ; and shall, by written notices left at their re- 
spective places of residence at least twenty-four hours 
prior to such meeting, notify the mayor elect and alder- 
men elect, who shall immediately proceed to organize and 
carry into effect the provisions of this act, which shall 
then have full force and effect. The selectmen shall in 
like manner appoint a place and time for the first meet- 
ing of the school committee, and notify the members 
thereof. Nothing herein shall affect the annual meeting 
in said town for the election of national, state, district 
and county officers, which may be held next after the 
acceptance of this act. 

Section 56. The question of the acceptance of this 
act may be submitted to the legal voters of said town at 



Acts, 1899. — Chaps. 163, 164. 131 

any time within two years after the passage thereof, at Submission of 
an annual meeting or at any meeting called for that pur- aMeptanc°e. 
pose, except in the months of November and December. 
At such meeting the polls shall be open not less than 
eight hours, and the vote shall be taken by ballot in ac- 
cordance with the provisions of chapter five hundred and 
forty-eight of the acts of the year eighteen hundred and 
ninety-eight and acts in amendment thereof and in addi- 
tion 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 eighteen hundred and ninety- 
nine entitled ' An Act to incorporate the City of Mel- 
rose ', be accepted?", and the affirmative votes of a 
majority of the voters present and voting thereon shall 
be required for its acceptance. If at any meeting so 
held this act shall fail to be accepted it may at the ex- 
piration of three months from any such previous meeting 
be submitted again, but not after the period of two years 
from the passage thereof. 

Section 57. So much of this act as authorizes its sub- when to take 

, elfect. 

mission to the voters ot said town shall take efiect upon 
its passage, but it shall not take further effect unless ac- 
cepted by said town as herein provided. 

Approved March 18, 1899. 



(7/^029.163 



An Act to extend the time fok the organization of the 
taunton safe deposit and tkust company. 

Be it enacted, etc., as foUoirs : 

Section 1. The Taunton Safe Deposit and Trust Com- Time extended. 
pany, incorporated by chapter four hundred and sixty- 
eight of the acts of the year eighteen hundred and ninety- 
seven, may organize and commence business at any time 
before the first day of July in the year nineteen hundred. 

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

Approved March 18, 1899. 

An Act to authorize the change of names of insurance (JJiar. "[Q^ 

CORPORATIONS. 

Be it enacted^ etc., as follows: 

Section 1. Any corporation or association subject to change of 

ii • • J? 1 j_ i> 111 1 J 'j names of insur- 

tne ])rovisions ot chapter tour hundred and twenty-one ance cor;iora- 
of the acts of the year eighteen hundred and ninety may, ^'°''^" 



132 Acts, 1899. — Chaps. 165, 166. 

with the consent of the insurance commissioner, upon ap- 
plication to the commissioner of corporations, change its 
name under the conditions and in the manner prescribed 
by chapter three hundred and sixty of the acts of the year 
eighteen hundred and ninety-one. 

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

Approved Mairh 18, 1899. 

ChCin.^G5 -^^ ^'^T TO AUTHOKIZE THE SALE OF CERTAIN LANDS ACQUIUED 
FOR PARK PURPOSES BY THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as folloivs : 

bridge^ maTseii Section 1. The city of Cambridge by its city council 
certain lands, jg hereby authorized, upon the recommendation of its board 
of park commissioners, to sell upon such terms as may 
seem best to said city council, any part of the lands or 
rights therein hereafter acquired by it for the purpose of 
laying out and improving the same as a public park or 
parks. Such lands shall be subject to such restrictions 
and conditions as to the use thereof as said park commis- 
sioners shall recommend to said city council, and to such 
other restrictions and conditions as said council shall im- 
pose. The proceeds of any such sale shall be applied 
towards the cost of laying out and improving other lands 
acquired by said city for said purposes. 

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

App)roved March 18, 1899. 

(JJian.lQQ ^^ -'^CT RELATIVE TO SEARCH WARRANTS AUTHORIZING SEARCH 

IN THE NIGHT TIME. 

Be it enacted, etc., as folloivs : 

Trended ^ *' Section 1 . Scctiou four of chapter two hundred and 

twelve of the Public Statutes is hereby amended by strik- 
ing out in the fifth line, the words "two trial justices", 
and inserting in place thereof the words : — a trial justice, 
Search in the — SO as to read as follows : — Section 4. If there is sat- 
wheu allowed, isfactoiy cvideuce that any property stolen, embezzled, 
or obtained by false tokens or pretences, or that any of 
the other things for which a search warrant may be issued 
by the provisions of this chapter, are concealed, kept, 
prepared, or used in a particular house or place, a war- 
rant may be issued by a trial justice, or by a police, dis- 
trict, or municipal court, to authorize a public officer to 



Acts, 1899. — Chap. 167. 133 

search such house or place in the niirht time, and to ])ring 
the property or things described in the warrant, if found, 
and the persons in whose possession they are found, be- 
fore some trial justice or court having cognizance of the 
examination of the case. 

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

Approved March 18, 1899. 



Chap.167 



An Act to authorize the city ov somerville to take land 
for an almshouse. 

Be it enacted, etc., as follows: 

Section 1. For the erection and maintenance of an May take land 
almshouse and for purposes incidental thereto the city of house.^'™^' 
Somerville by its city council may take and hold in fee 
any lands within the limits of said city, not exceeding 
twelve acres in extent. 

Section 2. Within sixty days after the taking of any Description of 
lands as aforesaid, otherwise than by purchase or gift, j-ecorded^'etc. 
said city council shall cause to be recorded in the registry 
of deeds for the southern district of the county of Mid- 
dlesex a description of such lands sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, which statement shall be signed by 
the mayor of said city ; and upon such recording the title 
of lands so described shall vest in said city in fee. 

Section 3. Said city shall pay all damages to prop- Damages. 
erty sustained by any person or corporation by the taking 
of any lands or of any rights therein under the authority 
of this act. Any person or corporation sustaining dam- 
ages as aforesaid, who fails to agree with said city as to 
the amount of such damages, may have the damages de- 
termined 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 ^^ears from the taking 
of such land or of any rights therein under the authority 
of this act. 

Section 4. This act shall take etfect upon its accept- when to take 
ance by a majority vote of each branch of the city coun- 
cil of said city, taken by yeas and nays. 

Approved March 18, 1899. 



134 Acts, 1899. — Chaps. 168, 169, 170. 



Chap.HijS ■^'^ -^^"^ '^^ AUTHORIZE THE CITY OF CAMBRIDGE TO ABATE AND 
REFUND A PART OF THE BETTERMENTS ASSESSED ON ACCOUNT 
OF THE ESTABLISHMENT OF PARKS IN SAID CITY. 

Be it enacted, etc., as foUoics : 
bridge'maT SECTION 1. The boarcl of aldermen of the city of Cam- 

of certain ba- ^^^"i^^to^ ^^7 ^^ aiiv time within two years from the passage 
terments. of this act abate, and said city may refund, such part of 

the betterments assessed and paid on account of the es- 
tablishment of parks in said city as said board may deem 
just and expedient ; and the said board and city may take 
the same action in respect to sums paid to redeem land 
sold for non-payment of betterments assessed as afore- 
said. Any sums so refunded shall be paid by the -tcity 
treasurer to the persons to whom said betterments were 
assessed or by whom they were paid, or to their legal 
representatives. 

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

Approved March IS, 1899. 



C7^tt».169 -^^ -^CT RELATIVE TO THE INSPECTION OF MILK. 

Be it enacted, etc., asfolloivs: 
Laspectionof Section 1. Whenever the state board of health, dairy 

bureau, or other state or city authority obtains a sample 
of milk for inspection, by taking, purchase or otherwise, 
the analysis of said sample shall, within ten days of the 
procurement thereof, be sent to the person from whom 
the sample was obtained. 

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

Ai^proved March 18, 1899. 



Ch(l7).V70 ^^ ■'^^^ RELATIVE TO THE ELECTION OF CITY OFFICERS BY CITY" 
COUNCILS OR BY' OTHER MUNICIPAL BODIES OR HOARDS. 

Be it enacted, etc., as follows : 
1899, 129, §1, Section 1. Section one of chapter one hundred and 

amended. ./.i ,. , -i 

twenty-nme or the acts or the year eighteen hundred and 
ninety-nine is hereb}'^ amended by striking out the whole 
of said section and inserting in place thereof the follow- 
officeisV^cu*^ ing: — Section 1. When in any city the election of any 
councils, etc. city officer is vested in the common council, or in the 
board of aldermen, or in both acting jointly or concur- 



Acts, 1899. — Chaps. 171, 172, 178. 135 

rently, or in any other municipal body or board, the elec- 
tion shall not be valid unless it is made by a viva voce 
vote, each member who is present answering to his name 
when it is called by the clerk or other proper officer, and 
stating the name of the person for whom he votes, or 
declining to vote, as the case may be ; and the clerk or 
other proper officer shall record every such vote. 

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

Approved March 20, 1899. 



Chap.VJl 



An Act to authorize towns to puint and publish their 
town records. 

Be it enacted, etc., asfoUoivs: 

Section 1. Towns are hereby authorized to grant and o/|°*^°^;ecordB. 
vote, at any meeting duly called for that purpose, such 
sums of money as they may deem necessary for the print- 
ing and publishing of their town records. 

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

Approved March 21, 1899. 

An Act to authorize the international trust company to QJiapAl^ 

HOLD additional REAL ESTATE. 

Be it enacted, etc. , as foUoics : 

Section 1. The International Trust Company, incor- May hold addi- 
porated by chapter one hundred and fifty-two of the acts esul^!'^'^ 
of the year eighteen hundred and seventy-nine, is hereby 
authorized to hold real estate in the city of Boston to an 
amount not exceeding five hundred thousand dollars in 
addition to the real estate now held by said company. 

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

Ajwoved March 21, 1899. 

An Act to provide for the removal of the remains of the QJi(ip.li73 

DEAD FROM THE OLD BURIAL LOTS IN MALDEN. 

Be it enacted, etc., as follows : 

Section 1. The city of Maiden may remove the re- ^^^^^'^'^'^^^^ "^^^^ 
mains of the dead and the monuments erected to their be removed 
memory from the old burial lots situated on Medford lots?" 
street in said city, being land of the Robinson Brothers, 
near their factory, to the Bell Rock cemetery in said city. 

Section 2. Said city shall fix a time for the removal fjJ^removail'"* 
of said remains and monuments, and shall publish notice ^tc 



136 



Acts, 1899. — Chap. 174. 



Remains shall 
be interred in 
other ceme- 
teries upon 
request. 



thereof once each week for three successive weeks in some 
newspaper published in said city, the last publication to 
be at least seven days before the time fixed for said re- 
moval. 

Section 3. Upon a request in writing by any relative 
or friend of a person whose remains are to be removed, 
said remains shall be interred and the monument erected 
in any other cemetery which may be selected by said rela- 
tive or friend, he or she first paying the expenses of the 
removal and interment of the remains and of the removal 
and erection of the monument. 

Section 4. This act shall take effect upon its passage. 

Approved March 21, 1899. 



Grade of cer- 
tain streets in 
Worcester may 
be changed. 



Chci7),VI4: ^^ ^^^ '^^ AUTHORIZE THE CITY OF WORCESTER TO CHANGE THE 
GRADE OF BELMONT AND SHREWSBURY STREETS OVER LAND OF 
THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Worcester 
may change the grade of Belmont street from Lake Quin- 
sigamond to Shrewsbury street, and of Shrewsbury street 
from Belmont street to East Central street, to a width of 
not more than one hundred feet, over such land of the 
Worcester insane hospital and other land belonging to the 
Commonwealth as said city council may determine, such 
change of grade to be as nearly as possible along the 
present line of said streets, — notwithstanding the provi- 
sions of sections thirteen and fifteen of chapter fifty-four 
of the Public Statutes. Said change of grade shall be 
subject to the approval of the governor and council. 
Claims for damages resulting from the said change of 
grade may be made as in cases of laying out of highways 
over lands of individuals, and the same shall be settled 
in the manner now provided by law for such cases. All 
other provisions of law relative to change of grade in 
streets and highways shall apply to the change hereby 
authorized. 

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

Approved March 21, IS 99. 



Damages, etc. 



Acts, 1899. — Chaps. 175, 176, 177. 137 



An Act to amend the charter of the sodth middleborough njinj) 1 75 

CEMETERY ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1 . Section eight of chapter two hundred and ^^^^1^^^^^ 5 s, 
sixteen of the acts of the year eighteen hundred and ninety- 
three is hereby amended by striking out in the eleventh 
line, the word "ten", and inserting in place thereof the 
w^ord : — five, — so as to read as follows : — Section 8. Meetings, 

' , . notices, etc. 

The annual meeting of said corporation shall be held on 
the first Wednesday of April in each year, at such place 
in said town of Middleborough as the trustees shall direct. 
Notice of annual and special meetings shall be published 
two successive weeks in some newspaper published in the 
town of Middleborough, the last publication to be at least 
three days before such meeting, and also posted in some 
conspicuous place in the church adjoining said cemetery. 
At all meetings of said corporation a quorum for business Quorum, etc. 
shall consist of not less than five persons, and all ques- 
tions shall be decided by a majority of the members 
present or representatives, who may vote either in per- 
son or by proxy. 

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

Approved March 21, 1899. 

An Act to authorize the proprietors of the catholic ceme- nj^nj) 176 
tery ix dorchester to hold additional real and personal 
estate. 

Be it enacted, etc., as follows: 

Section 1. The Boston Catholic Cemetery Associa- May hold addi- 
tion is hereby authorized to hold real and personal estate 
necessary or convenient for the purposes for which it was 
established, to the value of seventy-five thousand dollars 
in addition to the amount which it is now authorized by 
law to hold. 

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

Approved March 21, 1899. 



Chap.177 



An Act to authorize the city of malden to incur indebted- 
ness FOR PARK PURPOSES, BEYOND THE LIMIT FIXED BY LAW. 

Be it enacted, etc., as follows : 

Section 1. For the purpose of paying for lands here- Maiden Addi- 
tofore acquired or which may hereafter be acquired by the parkLoau."^ 



138 



Acts, 1899. — Chap. 177. 



Issue of bonds, 
etc. 



Not to be 
reckoned in 
determining 
debt limit. 



Aseeeement of 
betterments. 



city of Maiden for public parks, and for defraying the 
cost of constructing said parks, said city may by votes 
passed from time to time in the manner provided by sec- 
tion seven of chapter twenty-nine of the Public Statutes, 
authorize the issue of negotiable bonds or certificates of 
indebtedness to an amount not exceeding fifty thousand 
dollars, payable in not more than twenty-five years from 
their date, and bearing interest at a rate not exceeding 
four per cent per annum, to be denominated on the face 
thereof, Maiden Additional Public Park Loan. 

Section 2. When authorized by said city as herein- 
before provided, and on a request of the board of park 
commissioners approved by the mayor, said bonds or cer- 
tificates, to the amount requested, may be issued or sold 
and the proceeds thereof retained in the treasury of said 
city, and the cost and expenses incurred for the purposes 
aforesaid may be paid therefrom, subject to the provisions 
of chapter one hundred and fifty-four of the acts of the 
year eighteen hundred and eighty-two authorizing and 
regulating such expenditures. 

Section 3. The debt authorized by this act shall not 
be reckoned in determining the authorized limit of indebt- 
edness of said city under the provisions of section four 
of chapter twenty-nine of the Public Statutes, as amended 
by section two of chapter three hundred and twelve of 
the acts of the year eighteen hundred and eighty-five and 
amendments thereof. 

Section 4. The board of park commissioners may 
assess upon any real estate which, in the opinion of said 
board, receives any benefit from the laying out of a public 
park or parks, beyond the general benefit resulting there- 
from to all real estate in said city, one half the amount 
of betterments accruing to said real estate by the laying 
out of said public park or j^arks. Said real estate sub- 
ject to such assessment may include the remainder of the 
land a part of which is taken for said public park or parks, 
and also real estate which does not abut upon said park 
or parks, or upon a street or way bounded thereby. Said 
board in assessing such betterments shall have the same 
authority that is conferred by chapter fifty-one of the 
Public Statutes upon boards of city or town officials au- 
thorized to lay out streets or wa3^s, and the provisions 
of the first eight sections of said chapter shall apply to 
such assessments by said board of park commissioners in 
respect to the location and laying out of parks. 



Acts, 1899. — Chap. 178. 139 

Section 5. Said city shall ou issuing any of said bonds Payment of 
or certificates of indebtedness establish a sinkinof fund and °*'^' 
apportion thereto from year to year an amount sufficient 
with its accumulations to extinguish the debt at maturity. 
In such apportionments one two hundredth part of the 
amount of bonds or certificates of indebtedness issued 
shall be set apart for said sinking fund in each of the 
first ten years ; one one hundred and fiftieth part in each 
of the second ten years ; one one hundredth part in each 
of the third ten years ; one seventy-fifth part in each of 
the fourth ten years ; and the remainder shall be equally 
distributed in the last ten years. Such sinking fund and 
its accumulations shall be used for no other purpose than 
the payment of such debt. Any premium realized in the 
sale of said bonds or certificates of indebtedness shall be 
applied to the payment of the interest on said loan as it 
accrues. 

Section 6. This act shall take eflfect upon its passage. 

Approved March 21, 1899. 

An Act relative to special commissioners. Ohrfn 178 

Be it enacted, etc., as follows : 

Section 1. Section fourteen of chapter fifteen of the p. s. is, §14, 
Public Statutes is hereby amended by inserting after the '*™^'''^®^* 
word "peace", in the second line, the words: — special 
commissioner, — and by inserting after the word "his", 
in the third line, the words : — or her, — so as to read as 
follows: — Section 14. He shall send by mail to every Notices of ex. 

1 'J.' c J.I, ^ • "1 pi ration to be 

person commissioned as a justice 01 the peace, special sent. 
commissioner or notary public a notice of the time of the 
expiration of his or her commission, not more than thirty 
nor less than fourteen days before such expiration. 

Section 2. Section three of chapter one hundred and amfnded.^^' 
thirty-nine of the Public Statutes is hereby amended by 
inserting after the word " peace", in the second line, the 
words : — or special commissioner, — so as to read as 
follows : — Section 3. The nomination of a guardian by Nomination of 
a minor above the age of fourteen years may be made m^norsT^ ^ 
before a justice of the peace or special commissioner, or 
before the city or town clerk, who shall certify the fact 
to the probate court. 

Section 3. Section two of chapter one hundred and a^fnded*.^^* 
fifty-five of the Public Statutes is hereby amended by 
striking out in the first line, the word " they", and insert- 



140 Acts, 1899. — Chap. 178. 

ing in place thereof the words : — Justices of the peace 
and special commissioners, — so as to read as follows : — 

Ss^et^!"^*^^'^ 'Section 2. Justices of the peace and special commis- 
sioners may administer oaths or affirmations in all cases 
in which an oath is required, unless a difl'erent provision 
is expressly made by law. 

P-s-157, §31, Section 4. Section thirtj'-one of chapter one hundred 
and fifty-seven of the Public Statutes is hereby amended 
by inserting after the word " peace ", in the second line, 
the words : — special commissioner, — so as to read as 

SmaT'^bT follows : — xS'ec^ion 31. The oath may be made within 

made, etc. tMs statc before a justice of the peace, special commis- 
sioner, or notary public, and, without the state, before a 
justice of the peace, notary public, or commissioner for 
Massachusetts, and, if the creditor is in a foreign country, 
before a minister, consul, or vice-consul of the United 
States. But the judge may at any time require the party 
making such affidavit to appear personally in court, to be 
further interrogated on oath. The debtor and any party 
proving a debt may be examined on oath in presence of 
the judge on all matters relating thereto. 

fm^Dded.^^' Section 5. Section two of chapter one hundred and 

eighty-eight of the Public Statutes is hereby amended by 
striking out the whole of said section and inserting in 

Form of agree- placc thcrcof the foUowiug : — tSection 2. The parties 

to arbitration, shall appear in person, or by their lawful agents or attor- 
neys, before a justice of the peace or special commissioner, 
and shall there sign and acknowledge an agreement in 
substance as follows : — 

Know all men that , of , and , of , 

hereby agree to submit the demand, a statement whereof 
is hereto annexed (and all other demands between them, 
as the case may be,) to the determination of and 

, the award of whom, or of the greater part of 
whom, being made and reported within one year from this 
day to the superior court for the county of , the 

judgment thereon shall be final ; and if either of the 
parties neglects to appear before the arbitrators, after 
due notice given him of the time and place appointed for 
hearing the parties, the arbitrators may proceed in his 
absence. Dated this day of in the year 

The justice or special commissioner, either of whom 
may be one of the arbitrators, shall subjoin to the agree- 
ment his certificate, in substance as follows : — 



Acts, 1899. — Chap. 178. 141 

, ss . Then the above named and 

personally appeared, (or the above named per- 

sonally, and said by , his attorney, appeared, 

a,s the case may be,) and acknowledged the abov^e instru- 
ment by them signed to be their free act ; before me , 
justice of the peace, or special commissioner. 

Section 6, Section thirteen of chapter one hundred p- s- iss, § is, 
and eighty-eight of the Public Statutes is hereb}'^ amended 
by inserting after the word "justice", in the first line, 
the words : — or special commissioner, — so as to read 
as follows : — Section 13. The fees of the justice or Fees of justice, 
special commissioner for the agreement of submission ^'*^' 
and acknowledgment shall be forty cents, and the fees in 
court shall be the same as for like services with respect 
to an award made under a rule of court. 

Section 7. Section twenty-three of chapter two hun- p. s. 205, §23, 
dred and five of the Public Statutes is hereby amended '*™'^° ^ 
by inserting after the word "peace", in the second line, 
the words : — special commissioner, — so as to read as 
follows : — Section 23. Whoever falsely assumes or pre- Penalty for 
tends to be a justice of the peace, special commissioner, Ing tl.'^boT™' 
sheriff, deputy -sheriff, medical examiner, constable, police i^elcre^tc.'^*^ 
oflScer, or watchman, and takes upon himself to act as 
such, or to require any person to aid or assist him in a 
matter pertaining to the duty of any such officer, shall be 
punished by imprisonment in the jail not exceeding one 
year, or by fine not exceeding four hundred dollars. 

Section 8. Section twenty-four of chapter two hun- p. s. 205, §24, 
dred and five of the Public Statutes is hereby amended '""^°'^«'^- 
by striking out the whole of said section and inserting 
in place thereof the following : — Section 24. A person penalty for 
who presumes to act as a justice of the peace, special explrltto'n of 
commissioner or notary public after the expiration of his commisBion, 
commission, and after receiving notice of such expiration, 
sent as provided in section fourteen of chapter fifteen, as 
amended by section one of this act, shall be punished by 
fine of not less than one hundred nor more than five hun- 
dred dollars. 

Section 9. The fees of special commissioners shall ^o^mm*iL^oneM. 
l)e the same as those of justices of the peace for like 
services. 

Section 10. This act shall take efifect upon its passage. 

Approved March 21, 1899. 



142 



Acts, 1899. — Chaps. 179, 180. 



City of Cam- 
bridge may 
vacate certain 
sewer assess- 
ments. 



(7^ftl>.179 ^^ -'^CT TO AUTHORIZE THE CITY OF CAMBRIDGE TO VACATE CER- 
TAIN SEWEK ASSESSMENTS. 

Be it enacted, etc., as follows: 

Section 1. With the assent of the owner or owners 
of the real estate hereinafter referred to, binding them- 
selves and their respective heirs and assigns, the city of 
Cambridge may vacate assessments imposed upon real 
estate for certain common sewers built pursuant to an 
agreement dated the sixteenth day of April in the year 
eighteen hundred and ninety-six, entered into by said 
city with the Bay State Brick Company, under the provi- 
sions of chapter one hundred and seventy-five of the acts 
of the year eighteen hundred and ninety-six. 

Section 2. All lands upon which said assessments 
have been so vacated shall be again assessed for such 
sewers whenever the owners or occupants of said lands 
shall connect with said sewers. 

Section 3. Assessments made under the preceding 
section shall constitute a lien upon the real estate so 
assessed, and shall be collected and enforced in the same 
manner, 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 provided 
by chapter fifty-one of the Public Statutes. 

Section 4. A description of the property upon Avhich 
said assessments have been vacated, sufiiciently accurate 
for identification thereof, with the written assent of the 
owner or owners of said property indorsed thereon, shall 
be filed by said city in the registry of deeds for the south- 
ern district of the county of Middlesex, within sixty days 
after the date of the order vacating such assessment. 

Section 5. This act shall take effect upon its accept- 
ance by the city council of the city of Cambridge. 

Approved March 21, 1899. 



Certain lands 
to be again 
assessed, etc. 



Assessments to 
constitute a lien 
upon real 
estate. 



Description of 
property to be 
filed. 



When to take 
effect. 



CAtt».180 ^^ ''^^^ ^^^ AUTHORIZE THE CAMBRIDGE BRIDGE COMMISSION, WITH 
THE CONSENT OF THE UNITED STATES GOVERNMENT, TO CON- 
STRUCT THE BRIDGE TO BE BUILT BETWEEN BOSTON AND CAM- 
BRIDGE WITHOUT A DRAW. 

Be it enacted, etc., as follows : 
ConBtruction of Section 1 . The bridge to be built by the Cambridge 
Charles river, bridge commissiou, according to the provisions of chapter 



Acts, 1899. — Chaps. 181, 182. 143 

four hundred and sixty-seven of the acts of the year eight- 
een hundred and ninety-eight may, with the consent of the 
United States government, be constructed without a draw ; 
and if so constructed it shall be of a height, over the 
main ship channel, of not less than twenty-six feet above 
mean high water ; and the distance l)etween the piers on 
each side of said channel shall be at least forty feet. 
Section 2. This act shall take eifect upon its passage. 

Approved March 23, 1899. 



Chap.lSl 



An Act to extend the time fou the construction of the 
railroad of the plymouth county railroad company, and 
for other purposes. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hundred and ^f ^-jj^^- ^^^^ 
fifty-one of the acts of the year eighteen hundred and 
ninety-two, as amended by chapter two hundred and fif- 
teen of the acts of the year eighteen hundred and ninety- 
seven, is hereby amended by striking out the word 
" seven", in the third line, and inserting in place thereof 
the word : — ten, — so as to read as follows : — Section 8. Time extended. 
The Plymouth County Railroad Company shall locate its 
road within three years, and the same shall be constructed 
within ten years from the date of the passage of this act. 

Section 2. All rights and privileo:es granted said cor- certain rights 
poration by said chapter one hundred and fifty-one are 
hereby ratified and confirmed. 

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

Approved March 23, 1899. 



confirmed, etc. 



Chap.182 



An Act to incorporate the bartlett cemetery association. 
Be it enacted, etc., as follows: 

Section 1. George W. Cate, Horace G. Leslie, Frank feryAssoeu*' 
F. Morrill, William E. Biddle, Robert B. Hawley, J. tionincorpo- 
Edgar Blake, Fred. W. Merrill, Azor O. Webster, E. ''^^^^' 
Ripley Sibley, Jacob R. Huntington, George F. Bagley, 
John F. Johnson, Moses L. Colby and Cyrus W. Rowell, 
their associates and successors, are hereby made a cor- 
poration by the name of the Bartlett Cemetery Associa- 
tion, for the purpose of acquiring, maintaining and per- 
petuating a burial place for the dead in the town of 
Amesbury. 



144 



Acts, 1899. — Chap. 183. 



Powers, duties, 
etc. 



May purchase 
and hold certain 
real estate. 



Grants, be- 
quests, etc. 



Membership. 



Net proceeds 
of sales of lots 
to be applied to 
improvement, 
etc. 



Section 2. Said corporation shall have all the powers 
and shall be subject to all the duties and liabilities given 
to or imposed upon cemetery corporations by laM^s now 
or hereafter in force in this Commonwealth. 

Section 3. Said corporation may purchase and hold 
for burial purposes a lot of land containing about two 
acres, now belonging to William Colby, which adjoins 
the Union cemetery, so-called, in Amesbury ; and it may 
also purchase and hold other real estate for the purposes 
of its organization, to an amount not exceeding ten thou- 
sand dollars. 

Section 4. Said corporation may take, hold and man- 
age any real or personal estate given, granted, devised or 
bequeathed to it for the perpetual care and improvement 
of said cemetery ; and whenever any payment, gift or 
bequest shall be made by or on behalf of the proprietor 
of any lot in said cemetery for the annual repair, preser- 
vation or embellishment of such lot and the erections 
thereon, said corporation may give to such proprietor or 
his representative an agreement or obligation, in such 
form and upon such conditions as it may establish, bind- 
ing said corporation and its successors to carry out the 
terms of such payment, gift or bequest forever, or for 
such period as may be agreed upon. 

Section 5. All persons who shall become proprietors 
of lots in any lands acquired by said corporation shall 
thereby become members of said corporation, and when- 
ever any person shall cease to be such a proprietor he 
shall cease to be a member of the corporation. 

Section 6. The net proceeds of the sales of lots in 
lands held by said corporation shall forever be devoted 
and applied to the preservation, improvement, embellish- 
ment, protection or enlargement of said cemetery, and to 
the payment of the incidental expenses thereof, and to 
no other purpose. 

Section 7. This act shall take effect upon its passage. 

Apx)Toved March 24, 1899. 



Chap 



Needham Ceme- 
tery Association 
incorporated. 



.183 ^^ "'^CT TO INCORPORATE THE NEEDHAM CEMETERY ASSOCIATION. 

Be it enacted, etc., as follows : 

Section 1. James Mackintosh, George W. Tisdale, 
William ISIoseley, Edgar H. Bowers, William Carter, 
Cyrus W. Jones, Emery Grover, Albert E. Miller, John 



Acts, 1899. — CHAr. 183. 145 

F. Mills and William Wragg, their associates and suc- 
cessors, are hereby made a corporation by the name of 
The Needham Cemetery Association, for the purpose of 
acquiring, holding, managing and perpetuating a place 
for the burial of the dead in the town of Needham, with 
all the powers and privileges and subject to all the duties, 
restrictions and liabilities contained in general laws which 
now are or hereafter may be in force relating to similar 
corporations, except as otherwise hereinafter provided. 

Section 2. Said corporation may acquire and hold J^l^y ^"Ifi ^e'- 
real estate in the town or JVeedham to the extent of nlty personal estate 
acres, and may also hold personal estate to an amount not 
exceeding twenty-five thousand dollars in addition to any 
amounts which may be held b}^ it under the provisions 
of section six of this act. 

Section 3. The first parish in Needham is hereby au- First parish in 
thorized, whenever said corporation shall be duly organ- ^on'ifey''!?^rTa1n 
ized, to release and convey to said corporation, for such [^'corporation?' 
consideration and upon such terms as may be agreed upon, 
by a deed executed by the treasurer of said parish, the 
whole of the real estate and rights of property now held 
and set apart by said parish as a burial ground for the 
dead : provided, that a majority of the qualified voters Proviso. 
of said parish present and voting shall vote so to do at 
a meeting duly warned for that purpose. 

Section 4. All persons who shall become proprietors Membership. 
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 three 
of this act, when the release and conveyance therein au- 
thorized is made to said corporation, shall become mem- 
bers of said corporation ; and whenever any person shall 
cease to be the proprietor of a lot in the lands of said cor- 
poration he shall cease to be a member thereof. 

Section 5. The net proceeds of sales of lots in the Net proceeds of 
lands held by said corporation shall forever, be devoted to be'devoted*to° 
the preservation, improvement, embellishment, protection ijj^^pro^ement, 
or enlargement of said cemetery, and to the payment of 
the incidental expenses thereof, and to no other purpose. 

Section 6. Said corporation is hereby authorized to Grants, be- 
take and hold any grant, gift or bequest of property upon i"®^'^^- ^"'• 
trust, to apply the same or the income thereof for the im- 
provement, embellishment or enlargement of said ceme- 
tery, or for the erection, repair, preservation or removal 



14:6 



Acts, 1899. — Chap. 183. 



Grants, 
bequests, etc. 



Officers, elec- 
tion, teriuB, etc. 



Proviso. 



Meetings. 



Quorum. 



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 consistent with the purposes for which said 
corporation is established, according to the terms of such 
grant, gift or bequest ; and whenever any such grant, gift 
or bequest, or any deposit of money shall be made by the 
proprietor of any lot in said cemetery, or by any other 
person, for any of the purposes aforesaid, said corporation 
may give to such proprietor or other person or his repre- 
sentatives an agreement or obligation, in such form and 
upon such conditions as it may establish, binding said cor- 
poration and its successors to fulfil the terms of such grant, 
gift or bequest forever, or for such period as may be agreed 
upon. 

Section 7. The officers of said corporation shall con- 
sist of five trustees, a treasurer, and a clerk, who shall 
be elected at the annual meeting of said corporation, a 
president to be elected annually by the trustees from their 
number, and such subordinate oiBcers as may be provided 
for by the by-laws. The treasurer and clerk shall each 
be elected for one year and until his successor is elected 
and qualified. The trustees shall be elected one each 
year, for the term of five years : iwovided, however^ that 
at the first election the terms shall be respectively, one, 
two, three, four and five years. The trustees shall have 
the general management, care and superintendence of the 
property, expenditures, business and prudential aifairs of 
said corporation, and of the sales of lots in said cemetery, 
and shall make a report of their doings to the corporation 
at its annual meeting. The treasurer shall give such bond 
as the trustees may direct. In case of a vacancy in the 
board of trustees or in the office of treasurer or clerk, by 
death, resignation, removal or otherwise, such vacancy 
may be filled for the unexpired term at any annual or 
special meeting of the corporation. 

Section 8. The annual meeting of said corporation 
shall be held on the first Tuesday of April in each year, 
at such place in the town of Needham as the trustees shall 
direct. Special meetings may be called at any time by 
order of the trustees. Notice of annual and special meet- 
ings shall be published for two successive weeks in some 
newspaper published in the town of Needham, or in the 
town of Dedham. At all meetings of said corporation a 
quorum for business shall, consist of not less than fifteen 



Acts, 1899. — Chap. 184. 147 

persons, and any business, except as hereinafter provided, 
may be transacted, of which notice shall have been given 
in the advertisement of the meeting, and all questions 
shall be decided by a majority of the members present or 
represented, who may vote either in person or by proxy. 

Section 9. This act shall take effect upon its passage, when to take 
so far as to authorize said corporation to hold a meeting ^^'"'^' ^^''' 
at which organization shall be effected, by the election by 
ballot of a temporary president, treasurer, and clerk, who 
shall be authorized to negotiate with said parish for a con- 
veyance to said corporation of the whole or any part of 
the real estate of said parish, including that mentioned in 
section three, and to receive such conveyance ; but this 
act shall not take effect for any other purpose until such 
conveyance shall have been executed and delivered by said 
parish to said corporation. Notice of the time, place and 
purpose of said meeting shall be given in writing by the 
corporator first named to each of the others, three days 
at least before said meeting. As soon as said conveyance 
shall have been made and delivered as aforesaid, said tem- 
porary president, treasurer and clerk shall call a meeting 
of the proprietors of lots in said real estate mentioned in 
section three, who shall at said meeting elect by ballot the 
oflBcers mentioned in section seven. If said meetins' shall 
be held on any other day than that hereinbefore prescribed 
for the annual meeting all officers elected shall hold their 
respective offices for the full terms to which they may be 
severally elected, reckoning however as one year the time 
intervening between the date of the said first meeting and 
the date of the annual meeting next ensuing. Said first 
meeting shall be called by publishing notice of the time, 
place and purposes thereof for two successive weeks in 
some newspaper published in Needham or Dedham, the 
last publication to be at least three days before said 
meeting. 

Section 10. Chapter one hundred and ninety-eight Repeal. 
of the acts of the year eighteen hundred and eighty-four 
is hereby repealed. Ajwoved March 24, 1899. 



An Act relative to the public health in towns. C*hnn 184- 

5e it enactedy etc., as foUoivs: 

Section 1. The provisions of chapter seventy-four of isao, 74, to ap. 

1 I' ^ • ^ 1 1 11 1- • P'y '° certain 

the acts 01 the year eighteen hundred and nmety, enti- towns. 
tied, "An Act in relation to Public Health in Cities", 



148 Acts, 1899. — Chaps. 185, 186. 

shall apply to such towns of more than five thousand 
population as shall vote in a duly called town meeting to 
accept the provisions of said act. 

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

Approved March 24, 1899. 



ChapA^S5 ^^ -^CT TO PROVIDE FOR THE BETTER ENFORCEMENT OF THE 
BUILDING LAWS OF THE CITY OF BOSTON. 

Be it e)Mcted, etc., as follows: 

^c°fo" build'. Section 1. No owner, contractor, mechanic or other 
iDgs in Boston, person shall construct or alter a building in the city of 
Boston, except in accordance with plans bearing the ap- 
proval of the building commissioner of said city, and such 
plans shall be exhibited on demand to any building in- 
spector of the city of Boston. 
Penalty. Section 2. Any violation of acts relating to the con- 

struction, alteration, maintenance or repair of buildings 
in the city of Boston shall be subject to the penalty pro- 
vided in section one hundred and thirty-seven of cha})ter 
four hundred and nineteen of the acts of the year eight- 
een hundred and ninety-two. Approved March 24, 1899. 



Chap.lSQ ^^ -^^"^ TO CHANGE THE BOUNDARY LINE BETWEEN THE TOWNS 

OF CANTON AND SHARON. 

Be it enacted, etc. , as follows : 

beTwe'ln'^cinTon Section 1. The boundaiy line as now established 
and Sharon bctwccn tlic towus of Cantou and Sharon is hereby 

chaDged. , , , •^ 

changed and re-established as follows : — Beginning at 
a stone monument near Billings' bridge, so-called, east 
of the tracks of the New York, New Haven and Hartford 
Railroad Company, and running thence northwesterly to 
a stone monument on the northwest side of Viaduct street. 
All land on the northeast side of said line is hereby set 
off from the town of Sharon to the town of Canton, and 
all land on the southwest side of said line is hereby set 
off from the town of Canton to the town of Sharon. 
Section 2. This act shall take effect upon its passage. 

Approved March 24, 1899. 



Acts, 1899. — Chaps. 187, 188. 149 



An Act to authorize the town of middleton to aid in the /^7;yy^ 1S7 

CONSTRUCTION OF A STREET RAILWAY. "' 

Be it enacted, etc. , as folloivs : 

Section 1 . The town of Middleton is hereby author- Town of Mid- 
ized to purchase })onds or subscribe for and hold shares purcha^eYonds, 
of capital stock, to an amount not exceeding fifteen thou- ^^'^' 
sand dollars, issued by a street railway company formed 
for the construction and equipment of a street railway 
from the corner of Lake and Maple streets in Middleton 
to the terminus of the Lynn and Boston railroad at the 
foot of Asylum Hill in Danvers : provided, that two thirds Proviso. 
of the voters of said town, voting by ballot and using the 
check list, at a legal meeting called for the purpose, or 
at a regular town meeting, vote so to subscribe. 

Section 2. Said town of Middleton may borrow money May issue 

, i» ii 1 1 ^ 1 1 1 1 M 1 J* bonds, notes or 

to pay tor the bonds or stock purchased or subscribed lor scrip, etc. 
as abov^ provided, and may issue bonds, notes or scrip 
for the amount of indebtedness so incurred, signed by the 
treasurer and countersigned by the selectmen of the town, 
payable in periods not exceeding thirty years from the 
date of issue, bearing interest at a rate not exceeding five 
per cent per annum, but subject otherwise to the general 
provisions of law relative to municipal indebtedness. Said 
town may appoint three persons for a term not exceeding 
three years to represent the town at all meetings of the 
street railway company, and to vote upon all shares of 
its stock owned by the town. 

Section 3. This act shall take efiect upon its passage, when to take 
but it shall become void unless the action provided for is ^ ^'^ * 
taken thereunder by said town within one year from its 
passage. Apiyroved March 24, 1899. 



Chap.lSS 



Ax Act to provide for the purchase of land in dedham to 

I'.E USED for the CONSTRUCTION OF A REGISTRY OF DEEDS AND 
OF PROBATE. 

Be it enacted, etc., asfolloivs: 

Section 1. The county commissioners for the county May take land 
of Norfolk are here])y authorized to take, by purchase or structfon^of a 
otherwise, land in the town of Dedham, for the purpose d||dsPetc! 
of erectinir thereon a new buildiuo; to be used for a reg- 

C o O 

istry of deeds and a registry of probate for said county, 



150 Acts, 1899. — Chaps. 189, 190. 

and for such purpose may expend a sura not exceeding 
twenty thousand dollars. 

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

Approved March 24, 1899. 

Cll(ip.\'&i^ An Act to authokize the city of Cambridge to incur indebt- 
edness BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF 
CONSTRUCTING SEWERS. 

Be it enacted, etc., as folloios: 

sewe/'Lofn. Section 1. The city of Cambridge liy its cit}' council 

is hereby authorized to issue from time to time, in addi- 
tion to the auiounts now authorized by law, notes, scrip or 
bonds, to be denominated on the face thereof, Cambridge 
Sewer Loan, to the amount of four hundred thousand 
dollars, not exceeding however the sum of one hundred 
thousand dollars in any one financial year, commencing 
the first day of December of the present year, bearing 
interest not exceeding four per cent per annum, payable 
semi-annually, the principal to be payable at periods of 
not more than thirty years from the issuing of such notes, 
scrip or bonds respectively. The proceeds of said loans 
shall be used for the purpose of constructing sewers. 

rnd^iMo^lppiy SECTION 2. The provisious of sections ten and eleven 
of chapter twenty-nine of the Public Statutes shall so far 
as applicable apply to said loan. 

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

Approved March 24, 1899. 

(77?ft7?.190 ^^ ^^'^ RELATIVE TO THE COUNTING OF BALLOTS AT CAUCUSES. 

Be it enacted, etc., as folloivs : 

imendtd^^'^' Section 1. Scctiou ouc hundred and twenty-four of 
chapter five hundred and forty-eight of the acts of the 
year eighteen hundred and ninety-eight is hereby amended 
by striking out in the third line, the words "and within 

bauot^s^etef, three feet of the rail", so as to read as follows : — /Section 
124. Immediately after the polls are declared closed, but 
not before, the ballots shall be counted in full view of the 
voters. When they have been counted and the result has 
been ascertained, the presiding ofiicer shall make public 
announcement thereof in open meeting, and the clerk 
shall, in open meeting, enter in w^ords at length in the 
record book the total number of names checked on the 



at caucuses. 



Acts, 1899. — Chap. 191. 151 

votino;; list, the total number of ballots cast, the names of 
all persons voted for, the number of votes for each per- 
son, and the title of the delegation or office for which he 
was a candidate. The clerk shall forthwith make a copy cierktomake 
of said record, certify and seal the same, and transmit it seri^up ba'i'iots,' 
to the city or town clerk, or in Boston to the election ®"^' 
commissioners. He shall then, before the adjournment 
of the caucus, and in the presence of those who counted 
the same, seal up all ballots cast, with the voting lists 
used, and a statement of any challenge which may have 
been made. 

The warden and clerk shall endorse upon such package Package to be 
the name of the political party holding the caucus, its tran°muie'd to 
date, its purpose, and, if in a city, for what ward the cierk.Vtc?^" 
ballots were cast. The warden shall forthwith transmit, 
by the officer detailed to attend the caucus, to the city or 
town clerk, or in Boston to the election commissioners, 
the ballots cast, the voting lists, the ballot boxes, the 
ballot box seals, the counting apparatus, the copy of the 
records, and the record book. 

The city or town clerk or election commissioners shall ^^^'^'Ip.'*'''^.,., 

_ v' ^ ^ ages to be kept, 

safely keep such sealed packages for ten days. If within etc. 
said time ten voters entitled to vote in said caucus file 
with them a written request so to do, they shall preserve 
said ballots and voting lists for three months and shall 
produce them if required by any court or convention 
having jurisdiction or authority over the same. 

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

Ap23roved March 24^ 1899. 



Chap.im 



An Act to provide for thk appointment op an assistant 
register of probate and insolvency for the county of 
hampshire. 

Be it enacted, etc., as foUoics : 

Section 1. The judge of probate and insolvency for Aesistant rea- 
the county of Hampshire may appoint an assistant reg- anTinsolvency^ 
ister of i)robate and insolvency for said county, who may po'^^ted."^ 
be a woman ; and such assistant register shall be subject 
to the provisions of chapter one hundred and fifty-eight 
of the Public Statutes relating to such officers. 

Section 2. Such assistant register shall receive a salary compensation. 
of six hundred dollars a year, payable from the treasury 
of the Commonwealth ; but while such salary is paid the 



152 Acts, 1899. — Chaps. 192, 193. 

provisions of section twenty-four of chapter one hundred 
and fifty-eight of the Public Statutes shall be suspended 
so far as said county is concerned. 

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

Apjyroved March 24, 1899. 

Chap.li92i ^N Act relative to the care op the state library. 

Be it enacted, etc., as foUoivs : 

ubrary* ^'"^^ ^^^ trustccs and librarian of the state library may ex- 

pend a sum not exceeding eight hundred dollars annually, 
in addition to the amount now authorized by law, for such 
assistance as may be necessary for the accommodation of 
visitors, for the protection and care of the library, and 
for the performance of any service which the librarian 
may require. A2iproved March 24, 1899. 

(7/ifl/?.193 An Act relative to juvenile offenders in need of hospital 

treatment. 

Be it enacted, etc., as folloivs : 
ofle-!derein Section 1. The statc board of charity may send to 

tr^el'trnetH,"nm*''^ ^^^ statc almsliousc auy juvenile offenders in its custody 
be Bent to state who are ill uccd of hospital treatment, and also any juve- 
nile offenders needing hospital treatment who are in the 
custody of the trustees of the Lyman and industrial 
schools, if the said trustees so request. Any person so 
transferred shall be subject to the rules and regulations 
of the state almshouse, and shall be in the exclusive cus- 
tody of the superintendent and trustees thereof until the 
said superintendent and trustees decide that they are suffi- 
ciently recovered to be returned to the place of their 
former custody. Thereupon the said superintendent and 
trustees shall cause the fact of such a decision to be cer- 
tified upon the warrant of commitment, and notice in 
writing to be given to the state board of charity. Upon 
receipt of such notice the state board of charity shall 
cause such persons to be returned to their custody, or, 
in case such persons were originally transferred from the 
Lyman school for boys or from the state industrial school 
for girls, to be returned to the custody of the trustees of 
those institutions, there to remain pursuant to the original 
sentence in each case. 

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

Approved March 24, 1899. 



Acts, 1899. — Chap. 194. 153 



An Act relative to the alewife fishery in herring or monu- (JJkij) ] 94 
ment river in the town of bourne. 

Be it enacted, etc., asfoUoivs: 

Section 1 . The selectmen of the town of Bourne are selectmen of 
hereby em])owered to prescribe the time, place or places, legu^ate^fe^wife 
and manner of taking alewives in Herring or Monument ^*'^'''>'- 
river in the town of Bourne : jyi^ovided, that such time Provisos. 
shall not exceed on the average throughout the fishing 
season four days in the week ; and they may either ap- 
point some suitable person or persons to take the same, 
under such regulations as they may make in accordance 
herewith, and fix the compensation to be paid therefor; 
or they may, if so instructed by the inhabitants of said 
town at the annual town meeting, sell at public auction 
the right to take alewives in said river under regulations 
made as aforesaid ; provided, Jioivever, that no lish shall 
be salted in any fish-catching house or on the grounds ad- 
joining the same, fiXi(\. provided, also, that the inhabitants 
of the town of Sandwich shall have the same riohts in 
the public fishery of said river that the inhabitants of the 
town of Bourne shall have. The inhabitants of said town 
of Bourne are authorized to construct and maintain in the 
waters of the Great Herring pond, so-called, or elsewhere 
in said town, a weir, trap, yard or pound for the catching 
and holding of alewives, in the manner customary in such 
fishery, of such dimensions and construction as the select- 
men, with the approval of the board of harbor and land 
commissioners, may from time to time determine. Said 
selectmen are hereby authorized to ofier and pay suitable 
rewards for the detection and punishment of persons vio- 
lating the provisions of this act, and they shall be entitled 
to reimbursement from the town of Bourne, or from the 
proceeds of the sale of said right to take alewives, for all 
sums expended or obligations incurred for the said re- 
wards, or for the enforcement of this act ; and the town 
of Bourne is hereby authorized to raise and appropriate 
money for the purposes of this act and for the protection 
of any public fishery in said town. 

Section 2. The owners or occupants of dams across Passageways 
the said river shall annually during such time, not ex- kept open, etc 
ceeding sixty days in each year, as shall be prescribed by 
the selectmen of said town, keep constantly open and 
maintain through, orer or around their respective dams. 



154 



Acts, 1899. — Chap. 194 



Proviso. 



Selectmen may 
cause natural 
course of 
stream to be 
kept free of 
obstructions, 
etc. 



Penalty. 



a passageway sufficient and proper for the passage of said 
fish, to the satisfaction of said selectmen, under a penalty 
of not less than ten nor more than sixty dollars for every 
twenty-four hours during which such owner or occupant 
shall neglect to open or maintain a passageway as afore- 
said ; and the said selectmen shall thirty days at least 
before the commencement of said period notify in writing 
each owner or occupant of said dams of the time when 
any such passageway shall be opened, and the manner in 
which it shall be constructed and regulated -.provided, how- 
ever, that if any owner or occupant shall at any time be 
dissatisfied with the determination of said selectmen in 
relation to the construction or regulation of such passage- 
ways, such owner or occupant may, by application in 
writing to the selectmen of the town of Barnstable, who 
are hereby constituted a committee for that purpose, cause 
the form and dimensions of such passageway to be pre- 
scribed in writing by said committee ; and the owner or 
occupant of said dam shall make such passageway con- 
form in width and depth, and in all other respects, to the 
written determination of said committee, under the same 
penalty as is hereinbefore provided. The expenses of said 
committee shall be paid by the owner or occupant of said 
dam so applying, or by the town of Bourne, as said com- 
mittee shall determine. 

Section 3. The selectmen of the town of Bourne, 
either personally or by their agents, shall have authority 
to cause the natural course of the stream, or its course as 
altered by them, through which said fish pass, to be kept 
open and free of all obstructions, except the dams afore- 
said, and to remove any obstructions therein ; and for that 
purpose, as well as for the other purposes of this act, they 
may, without being guilty of trespass, go upon the meadow 
or other land of any person through which said stream 
runs. If any person shall molest the said selectmen or 
any of them, or any of their agents, in the execution of 
his or their duties under this act, or shall obstruct the 
passage of said fish except as aforesaid, he shall on con- 
viction thereof pay a fine for every such offence of not 
less than ten nor more than twenty dollars. 

Section 4. Any person taking any alewives in said 
river or in any water of the same, whether naturally or 
artificially contained, or in the ponds in which said fish 
cast their spawn, at any time or in any place or manner 



Acts, 1899. — Chap. 194. 155 

other than shall have been fixed by said selectmen as 
aforesaid, or shall receive such alewives knowing or hav- 
ing reasonable cause to believe that the same were taken 
contrary to the provisions of this act, shall for each offence 
pay a fine of not less than five nor more than twenty dol- 
lars, or shall be imprisoned in the jail or house of correc- 
tion for a period not exceeding sixty days, or shall be 
punished by both such fine and imprisonment. Posses- Evidence. 
sion of alewives in the woods, swamps or other lands, 
whether public or otherwise, in the town of Bourne 
bordering on the said Herring or Monument river or its 
tributaries, or in the buildings over or near said river or 
its tributaries in said town, or in any craft or vehicle in 
or near said river or its tributaries, or the pond in which 
said fish cast their spawn, in the town of Bourne, by any 
person or persons, other than those lawfully entitled to 
take the same under the regulations provided for in this 
act, shall be deemed prima facie evidence of a taking or 
receiving contrary to the provisions of this act. 

Section 5. Any deputy sheriff, police ofiicer or con- officers may 
stable of the town of Bourne may search for and seize in sefze/without 
said town, without warrant, any alewives which he has iTnTawfuiiy"^* 
reason to suspect were unlawfully taken, together with t'*'^''". «'<=. 
any craft or vehicle, or the cask, barrel or other vessel 
containing the same, which craft, vehicle, cask, barrel or 
vessel, if used in such illegal taking or receiving, is 
hereby declared forfeited. Said ofiicer immediately after Proceedings in 
such seizure shall give public notice of the same by post- '"*^^ ° 
ing notices of such seizure and of any intended sale, in 
two or more public places near the place where such 
seizure was made ; and if no person shall appear to claim 
such fish from such officer within two hours next after 
posting said notices said fish, together with such craft or 
vehicle, and the cask, barrel or other vessel containing the 
same, shall be deemed forfeited ; and the same shall there- 
upon be sold by public auction or at private sale by said 
officer. The net proceeds of such sale shall enure to the 
town of Bourne. If a claimant for such property shall 
appear within two hours after the posting of said notices 
the officer shall libel the same according to law, or if he 
deems it judicious, or if so requested by said selectmen 
or any of them, shall sell said fish or other property at 
public auction, conveying a good title to any purchaser 
at such sale, and libel the proceeds of such sale according 



156 



Acts, 1899. — Cuap. 194. 



Selectmen may 
take iieneBsary 
lauds, rights of 
way, etc. 



Damages. 



Penalty for 
depositing iu 
river, etc., 
sewage, offal, 
etc. 



Distribution of 
forfeitures. 



to law. In case such property or the proceeds thereof are 
dechired forfeited the benefit thereof shall enure to the 
town of Bourne. 

Section G. The selectmen of the town of Bourne are 
hereby authorized from time to time to purchase or other- 
wise take in the name and at the expense of said town of 
Bourne, in fee simple or for such less estate as they may 
deem advisable, such land and rights of way thereto as 
they may consider necessary for the proper management 
of the fishery of said river, or for the use and maintenance 
of the weir, trap, yard or })ound aforesaid, and may erect 
and maintain suital>le buildings on the land so ])urcliased 
or taken. When authorized by vote of the inhabitants 
of said town the selectmen may convey the interest of the 
town in said land or buildings, and deposit the proceeds 
of the same in the treasury of said town. Said select- 
men shall upon such taking appraise the damages caused 
to the owner of such land, in the jnanner provided in the 
case of laying out highways. If such owner shall feel 
aggrieved by such award of damages he may have the 
damages assessed by a jury, in the same manner as in the 
case of damages caused by laying out highways. 

Section 7. No person shall deposit in said river or 
upon the banks thereof so near as to drain into the same 
any sewage, offal, pickle, dead fish, brine or other noxious 
or refuse substance prejudicial to the fish of said river or 
injurious to the public health. Any person who personally, 
or by his servant, agent or employee shall violate the pro- 
visions of this section, shall for the first oft'ence pay a fine 
of not less than twenty nor more than one hundred dol- 
lars, and upon any subsequent conviction shall pay a fine 
of not less than fifty nor more than two hundred dollars, 
or be imprisoned in the jail or house of correction for a 
period not exceeding sixty days ; or the court may in its 
discretion impose both such fine and imprisonment. 

Section 8. One third of all the forfeitures incurred 
by virtue of this act, except those provided for in section 
five, shall be paid to the person giving information, and 
the remaining two thirds to the town of Bourne, to be 
recovered in an action of contract by the treasurer of said 
town ; or if said treasurer shull neglect to bring such 
action for a space often days after being thereto re(|uested 
by the person or j)erson8 giving the information, then 
such forfeitures may be recovered in the name and for the 
sole benefit of such person or persons. 



Acts, 1899. — Chap. 195. 157 

Section 9. Chapter two hundred and eighty-five of Repeal, etc. 
the acts of the year eighteen hundred and fifty-four, 
chapter one lumdred and sixty-four of the acts of the 
year eighteen hundred and ninety-one, and all acts and 
parts of acts inconsistent herewith are hereby repealed, 
hut nothing herein shall be construed to att'ect the provi- 
sions of chapter one hundred and tw enty-seven of the acts 
of the year eighteen hundred and eighty-four. 

Section 10. This act shall take effect upon its passage. 

Approved March 27, 1899. 

An Act to authorize the city of somekville to lay out /^/i/y^jIQPj 

AND MAINTAIN A PARKWAY. ^ ' 

Be it enacted, etc., asfoUoics: 

Section 1. The city of Somerville by its city council ^"e may^uife ' 
may at any time within three years after the passage of iaud8, etc., for 
this act take from time to time in fee or otherwise, any 
lands and rights in lands within the limits of said city, 
upon such terms and conditions as said city council may 
deem advisable, by gift or purchase, or by right of emi- 
nent domain or otherwise, and hold the same in fee or 
otherwise, and maintain them for the purpose of a park- 
way or boulevard. Said parkway or boulevard may ex- 
tend from Nathan Tuft's park, at the junction of Broadway 
and Elm streets in Somerville, by such route and courses 
and of such w^idth and to such part of the boundary line 
of said city on Mystic river or Alewife brook as said city 
council may determine. 

Section 2. Said city council shall have power to lay May lay out and 
out and improve said parkway, to make rules for the use '™a7°m!ikT''' 
and government thereof, and to fix penalties for breaches rules, etc. 
of such rules, not exceeding twenty dollars for each 
offence ; and to exercise all other powers in relation 
thereto which are given to boards of park commissioners 
constituted under chapter one hundred and fifty-four of 
the acts of the year eighteen hundred and eighty-two by 
said chapter, by chapter three hundred and thirteen of the 
acts of the year eighteen hundred and ninety-six, and by 
all other acts relating to the authority of such boards. 

Section 3. Said city council may make agreements careandcon- 
with the metropolitan park commission, the metropolitan way°etC!"^ ' 
water board, the board of metropolitan sewerage commis- 
sioners, the city of Boston, or with any officer or board 
of said city of Boston having the care or control of any 



158 



Acts, 1899. — Chap. 195. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



Assesernent of 
betterments. 



lands, rights, easements or interests in lands within the 
limits of said parkway, for the care and control, inchid- 
ing police protection, and disposition of said lands, rights, 
easements and interests in lands, for such period and upon 
such terms and conditions as the parties to such agreements 
may deem expedient. Said city council may from time 
to time make agreements with the metropolitan park 
commission for the care and control, including police 
protection, of the whole or any part of said parkway. 
Conveyance of said parkway, lands, rights, easements 
and interests in lands may be made in accordance with 
any agreements made as authorized by this section. 

Sectiox 4. Within sixty days after the taking of any 
lands or rights in lands as aforesaid, otherwise than l)y 
purchase or gift, said city shall cause to be recorded in 
the registry of deeds for the southern district of the 
county of Middlesex a description thereof sufficiently 
accurate for identification, with a statement of the pur- 
pose for which the same were taken, which statement 
shall be signed by the mayor of said city. The title to 
all lands and rights in lands so taken shall vest in the 
city of Somerville as provided in section one of this act. 

Section 5. Said city of Somerville shall pay all dam- 
ages sustained by any person or corporation by the tak- 
ing of any lands or rights in lands, or by any other thing 
done by said city under the authority of this act. Any 
person or corporation sustaining damages as aforesaid, 
who fails to agree with said city as to the amount of dam- 
ages so sustained, may have the damages determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
two years from the taking of such land or other property 
or the doing of any other injury under the authority of 
this act. 

Section G. At any time within live years after the 
first taking of lands or rights in lands for said parkway 
has been made, whether or not the same is then fully con- 
structed, said city council shall have the same authority 
to determine the value of, and to assess upon real estate, 
the betterments accruing to said real estate by such tak- 
ings and by the laying out and construction of a parkway 
under this act, so far as the same at the time of said as- 
sessment has been constructed, that is conferred by chapter 
fifty-one of the Public Statutes upon boards of city or 



Acts, 1899. — Chap. 196. 159 

town officers authorized to lay out streets or ways ; and 
the provisions of the first eight sections of said chapter 
fifty-one shall apply to such assessments by said city 
council, except as to the time and manner of making said 
assessments, as hereinbefore provided. 

Section 7. This act shall take efiect upon its ac.cept- ^Jj^""**^''® 
ance by a majority vote of each l)ranch of the city coun- 
cil of said city, taken by yeas and nays. 

Approved March 28, 1899. 

An Act to provide fok the better protection of county r'Tfnj) 19(3 

BUILDINGS, AND FOR THE APPOINTMENT OF COUNTY POLICE BY ^ 

COUNTY COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Whoever wilfully mars or injures the walls, Penalty for 
wainscoting or any other part of a court house, or of any counVbiaid- ° 
other building or room used for county business, or the '"^'** 
appurtenances thereof, by cutting, writing, or otherwise, 
shall be punished by imprisonment in the county jail not 
exceeding sixty days or by fine not exceeding fifty dollars. 

Section 2. The county commissioners of any county county poUce 
may appoint as many as they shall deem proper of the pointed.'*'' 
persons in the employment of said county as police 
oflicers, for the purposes and with the powers hereinafter 
set forth. 

Section 3. Every such oflicer shall when on duty To wear badge 
wear in plain sight a metallic badge, inscribed with the '^•>«°<'°«*"*y- 
words, " County Police", and the name of the county for 
which he is appointed. 

Section 4. Every oflicer so appointed by county com- Powers and 

• • T • J I • duties* 

missioners may preserve order in any court house, or m 
any room or building used for county business, and upon 
the premises adjoining. He may arrest without a war- 
rant idle, intoxicated or disorderly persons who by their 
presence or conduct obstruct or annoy persons using 
county buildings or premises, or who violate the provi- 
sions of this act, and may take persons so arrested to the 
nearest police station or other place of lawful detention. 

Approved March 28, 1899. 



160 



Acts, 1899. — Chaps. 197, 198. 



ChapXWI 



1894,401. §; 
amended. 



Marriage of 
minors may be 
allowed in 
certain cases. 

ProvisoB. 



An Act relative to marriages of minors. 
Be it enacted^ etc., a.H foHoivfi : 

Section two of cha])ter four hundred and one of the 
acts of the year eighteen hundred and ninety-four is 
hereby amended by inserting after the word "order", in 
the tenth line, the following words : — Said judge of pro- 
bate may also after due hearing make such an order in 
the case of a person whose age is alleged to exceed that 
speciticd in the preceding section, but who is unable from 
any cause to produce an official record of his or her birth, 
to overcome the reasonable doubt of the town or city clerk 
or registrar, as exercised under the provisions of section 
two of chapter four hundred and nine of the acts of the 
year eighteen hundred and ninety-four, — so as to read 
as follows : — Section 2. The judge of probate in any 
county, after due hearing, may make an order allowing 
the marriage of a minor under the age specitied in the 
preceding section : provided, that said minor resides in 
a city or town within the county wherein said judge holds 
court ; and provided, also, that the father of such minor, 
or in case of his death the mother, has consented to such 
order, and that in case neither parent is alive and resident 
in this Commonw ealth a legal guardian has been appointed, 
whose consent has been given to such order. Said judge 
of probate may also after due hearing make such an order 
in the case of a person whose age is alleged to exceed that 
specified in the preceding section, but who is unable from 
any cause to produce an otficial record of his or her birth, 
to overcome the reasonable doubt of the town or city clerk 
or registrar, as exercised under the provisions of section 
tw^o of chapter four hundred and nine of the acts of the 
year eighteen hundred and ninety-four. On the receipt 
of a certified copy of such order by the clerk or registrar 
of the town or city where such minor resides, he shall 
receive the notice required by law and issue a certificate 
as in other cases. Approved March 28, 1899. 



ChctV'Vd^ An Act relative to the convevance of insane women to in- 
sane HOSPITALS AND ASYLUMS. 

Be it enacted, etc., as foUoics : 
Conveyance of SECTION 1. Whenever a woman shall be committed to 

women to . i • i i ■ • x ^ -ij.- 

insane ho8- any msane hospital or asylum the magistrate committing 



Acts, 1899. — Chaps. 199, 200. 161 

her shall, unless she is accompanied by her father, hus- 
band, brotiier or son, designate a woman who shall be an 
attendant or one of the attendants to accompany her to 
the hospital or asylum of commitment. 

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

Approved March 28, 1899. 



Chap.199 



An Act relative to mechanical anu manufacturing cor- 
porations. 

Be it enacted, etc., as follows : 

Section 1. For the purpose of carrying on any me- Mechanical and 
chanical or manufacturing business, except that of distil- corporation^?^ 
ling, or manufacturing intoxicating liquors, three or more 
persons may associate themselves together with the inten- 
tion of forming a corporation with a capital of not less 
than live thousand dollars. Such corporation shall be 
subject to all laws now or hereafter in force relatins; to 
such corporations. 

Section 2. Every mechanical or manufacturing cor- increase of 
poration which is subject to chapter one hundred and six certain corpora- 
of the Public Statutes and acts in amendment thereof and ^^°°^' 
in addition thereto may, at a meeting called for the pur- 
pose, increase its capital to such amount as may be deter- 
mined by the stockholders, such increase to be made in 
the manner provided by existing laws. 

Approved March 28, 1899. 

An Act relative to the membership or the Worcester nat- fij.fj^ oaq 

URAL HISTORY SOCIETY. ^ ' 

Be it enacted, etc., as follows : 

Chapter tifty-seven of the acts of the year eighteen hun- isvo, 57. etc., 
dred and seventy, as amended by chapter sixty-three of 
the acts of the year eighteen hundred and eighty-four and 
by chapter one hundred and eighteen of the acts of the 
year eighteen hundred and ninety-one, is hereby further 
amended by striking out section one of said chapter one 
hundred and eighteen and inserting in place thereof the 
following: — Section 1. Any inhabitant of Worcester Worcester 
county above the age of fourteen years may, on such tory^society, 
terms as shall be fixed by the liy-laws of the Worcester membership. 
Natural History Society, become a member or an asso- 
ciate meml)cr thereof, but no person under twenty-one 



162 Acts, 1899. — Chaps. 201, 202. 

years of age shall be an officer or director of said society. 
No person shall he elected to membership after the num- 
ber of members shall reach fifty, unless a vacancy occurs, 
but the number of associate members shall be unlimited. 
Associate members shall have all the rights of members 
except the right to vote and the right to hold property 
in the society. Approved March 2b\ 1899. 

(JJian.2i01 ^^ ^CT KELATIVE TO THE TEMPORARY RELEASE OF CHILDREN 

UNDER SENTENCE FOR TRUANCY. 

Be it enacted, etc., asfolloivs: 
Jc^uisc'oJ^hii- Section 1. In case of the death or serious illness of 
Bentence for ^ ^^^^ rclativc of a child confined on a sentence for tru- 
truancy. aucy any judge or magistrate having jurisdiction of com- 

plaints for truancy may order such child to be released 
for a specified time, either with or without the custody 
of the superintendent or other officer, and may revoke, 
extend or otherwise modify such order, the expenses in- 
curred in serving the order to be approved and paid like 
other expenses of the institution where the child is con- 
fined. 

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

Approved March 28, 1899. 

Chap.202 An Act to reimburse the town of amesbury for the main- 
tenance AND REPAIR OF CERTAIN BRIDGES OVER THE MERRI- 
MAC RIVER. 

Be it enacted, etc., as follows : 
1896, 483, §3 Section 1. ScctloH three of chapter four hundred and 

etc., ameuded. , , I 

eighty-three of the acts ot the year eighteen hundred and 
ninety-six, as amended by section one of chapter three 
hundred and forty-nine of the acts of the year eighteen 
hundred and ninety-eight, is hereby amended by striking 
out in the third line, the word "town", and in.serting in 
place thereof the word: — towns, — and by inserting in 
said line, after the word " Salisbury ", the words : — and 
Amesbury, — and by striking out in the sixth line, the 
word "town", and inserting in place thereof the word: 

— towns, — also by striking out in the eighth line, the 
word "town", and inserting in place thereof the word: 

— towns, — also by striking out in the ninth line, the 
words "city of Newbury port ", and inserting in place 



Acts, 1899. — Chap. 203. 163 

thereof the words : — town of Amesbury, — also by 
striking out in the twelfth line, the word "city", and 
inserting in [)lace thereof the word : — town, — also by 
striking out in the thirteenth line, the words " Newbury- 
port and", also by striking out in the fourteenth line, 
the word *'in", and inserting in place thereof the word: 
— and,— so as to read as (oWows : — /Section 3. Said ^^7,^;;;y';°;^' 
commissioners may reimburse the city of Newburyport Amesbury tn«y 

Yt.i 14 1 rt 1 be reimbursed 

and the towns or Salisbury and Amesbury from the treas- certain 
ury of tlie county of Essex for not exceeding sixty per '*'" 
cent of the amount already expended, or which may be 
expended by said city and towns in making repairs on 
said bridge, for which in the judgment of said commis- 
sioners said city and towns ought to be reimbursed. Said 
commissioners may also reimburse the town of Amesbury 
in the manner and to the extent provided in this section 
for the amount already expended and which may be ex- 
pended by said town for the maintenance of and repairs 
upon the Essex Merrimac bridge between Deer island and 
Amesbury. 

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

Approved March 28, 1899. 



An Act to provide for the extension of the bertillon (7^a7>.203 

METHOD OF IDENTIFYING CRIMINALS. 

Be it enacted, etc., as follows : 

Section 1 . Section four of chapter three hundred and ^mekdld.^ ^' 
sixteen of the acts of the year eighteen hundred and ninety 
is hereby amended by inserting in the seventh line, after 
the word "descriptions", the word: — photographs, — 
and also by adding at the end of said section the follow- 
ing words : — and such copies shall be furnished on re- 
quest by the said officer to the chief executive officer of 
the police force of any city or town in the Commonwealth 
which has in use the said Bertillon method, such city or 
town paying the expense thereof, — so as to read as fol- 
lows : — /Section 4. The record herein named shall not Record not to 

1 1 • 1 1 If • 1 ^^ publiehed, 

be published except as tar as may be necessary tor the except, etc. 
identitication of persons convicted of a felony committed 
after release from prison. The officer in charge of a 
prison shall however exhibit the record to any ])erson 
upon the order of any justice of the superior court or 
of any district attorney. A copy of the measurements, 



164 Acts, 1899. — Chaps. 201, 205. 

descriptions, pliotographs and histories herein required 
shall, upon a request therefor, be furnished by the otiicer 
in charge of any prison to the principal officer of a prison 
in any other state that requires by law the measurement 
and description of convicts and that has provided for fur- 
nishing to other states information concerning criminals ; 
and such copies shall be furnished on rccpicst by the said 
officer to the chief executive officer of the police force of 
any city or town in the Commonwealth which has in use 
the said Bertillon method, such city or town paying the 
expense thereof. 

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

Approved March 28, 1S99. 

Chap.204: An Act to provide an assistant cleuk for the police court 

OF SPRINGFIELD AND TO ESTABLISH HIS SALARY. 

Be it enacted, etc., as follows : 

^f'pS court Section 1. The office of assistant clerk of the police 

of Springfield, coui't of Springfield is hereby created. 

^iar°'°ete^°'' SECTION 2. The clcrk of said court may appoint an 
assistant clerk, subject to the approval of the justice of 
said court, and said clerk shall be responsible for the 
doings of said assistant clcrk and may remove him at 
pleasure. Said assistant clerk shall be sworn to perform 
the duties of his office, and his salary shall be six hun- 
dred dollars per annum, which shall be paid in the same 
manner as the salary of said clerk is now paid. Said 
assistant clerk shall be subject to all the provisions of 
law applicable to assistant clerks of district courts, and 
shall perform all duties prescribed therefor. 

^^P"''"' Section 3. Chapter three hundred and thirty-one of 

the acts of the year eighteen hundred and ninety-six is 
hereby repealed. 

Section 4. This act shall t*akc effect upon its passage. 

Approved March 29, 1899. 



Chap.205 



An Act to supply the town of medway with avater. 
Be it enacted, etc., asfolloivs: 
Town of Med- Section 1. The town of Medway may supply itself 

way may sup- t -j • i i -^ -ji a /• ^i a- • i <• 

ply itself with and its inhabitants With water tor the extinguishment ot 

water, etc. ^yqq and for domcstic and other pur()Oses : may establish 

fountains and hydrants and relocate or discontinue the 



Acts, 1899. — Chap. 205. 165 

same ; mil}- regulate the use of such water and fix and 
collect rates to be paid for the U!;«e of the same. 

Section 2. Said town, for the purposes aforesaid, may May contract 
contract with any adjoining town or with any water com- p°y,'l4c!"^ ^"^' 
pany to su|)ply said water, and authority is hereby given 
to any adjoining town or to any water company to sell 
to said town water as aforesaid, or said town may take 
by purchase or otherwise and hold the water of any stream 
or spring, or artesian or driven well within the limits of 
said town or upon the borders of the Charles river within 
the town of Franklin, and the water rights connected 
with any such water sources, and also all lands, rights 
of way and easements necessary for holding and pre- 
serving such water and for conveying the same to any 
part of said tow n of Medway : provided^ that no source Proviso, 
of water supply for domestic purposes, and no lands 
necessary for preserving the quality of such water, shall 
be taken without first obtaining the advice and approval 
of the state board of health. Said town may also erect May erect 
on the land thus taken or held proper dams, buildings and pipes, etc' 
other structures, and may make excavations, procure and 
operate machinery, and provide such other means and 
appliances as may be necessary for the establishment 
and maintenance of complete and effective water works ; 
and may construct and lay down conduits, pipes and 
other works under or on any lands, water courses, rail- 
roads 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 re- 
pairing such conduits, pipes and other works, and for all 
proper purposes of this act, said town may dig up any 
such lands or ways in such manner as to cause the least 
hindrance to public travel on such ways. 

Section 3. Said town shall within sixty days after the Description of 
taking of any land, rights of way, water rights, water recorded.' 
sources or easements as aforesaid, otherwise than by pur- 
chase, cause to be recorded in the registry of deeds for 
the county and district within which such land or other 
property is situated a description thereof sufficiently ac- 
curate for identification, with a statement of the purpose 
for which the same was taken, signed by the water com- 
missioners hereinafter provided for. 

Section 4. Said town shall pay all damages to prop- Damages. 
erty sustained by any person or corporation by the tak- 



166 



Acts, 1899. — Chap. 205. 



Damages. 



Medway Water 
Loan. 



linking fund. 



May provide 
for annual 
p.iyraentB on 
loan. 



ing of any land, right of way, water, water source, water 
right or easement, or by any other thing done by said 
town under authority of this act. Any person or cor- 
poration sustaining damages as aforesaid, who fails to 
agree with said town as to the amount of such damages, 
may have the damages determined in the manner pro- 
vided 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 said land or other prop- 
erty or the doing of other injury under the authority of 
this act ; but no such application shall be made after the 
expiration of two years, except that no application for 
assessment of damao^es shall be made for the taking of 
any water, water right, or for any injury thereto, mitil 
the water is actually withdrawn or diverted l)y said town 
under the authority of this act. 

Section 5. Said town may, for the purposes of pay- 
ing the necessary expenses and lial)ilities incurred under 
the provisions of this act, issue from time to time bonds, 
notes or scrip, to an amount not exceeding seventy-five 
thousand dollars ; such bonds, notes or scrip shall bear 
on their face the words, Medway Water Loan, shall be 
payable at the expiration of periods not exceeding thirty 
years from the date of issue ; shall bear interest payable 
semi-annually at a rate not exceeding six per cent per 
annum, and shall be signed by the treasurer of the town 
and countersigned by the water commissioners herein- 
after provided for. Said town may sell such securities 
at pul)lic or private sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms 
and conditions as it may deem proper : provided, that 
such securities shall not be sold or pledged for less than 
the par value thereof. Said town, unless it avails itself 
of the provisions of the following section, shall provide 
at the time of contracting said loan for the establishment 
of a sinking fund, and shall annually contribute to such 
fund a sum suflicient 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 6. Said town instead of esta])lishing a sink- 
ing fund may at the time of authorizing said loan provide 
for the payment thereof in such annual proportionate 
payments as will extinguish the same within the time 



Acts, 1899. — Chap. 205. 167 

prescribed in this act ; and when such vote has been 
passed the amount required thereby shall without further 
vote be assessed by the assessors of said town in each 
year thereafter until the debt incurred by said town shall 
be extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 7. Said town shall annually raise by taxation Payment of 
a sum which together with the income derived from fj^e ^^'p^""^^- « ''• 
water rates will be sufficient to pay the annual expenses 
of operating its water works and the interest as it ac- 
crues on the bonds, notes or scrip issued as aforesaid by 
said town, and to enable said town to make such contri- 
butions to the sinking fund and paj^meuts on the principal 
as may be required under the provisions of this act. 

Section 8. Whoever wilfully or wantonly pollutes Penalty for 
or diverts any of the water taken or held under this ^^°atel^e"c? 
act, or injures any structure, work or other property 
owned, held or used by said town under the authority 
and for the purposes of this act, shall forfeit and pay to 
said town three times the amount of damages assessed 
therefor, to be recovered in an action of tort, and upon 
conviction of any 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 9. Said town shall, after its acceptance of ^slfonT",' 
this act, at a town meeting called for the purpose elect ^[^''''O"' ''^"^s- 
by l)allot three persons to hold office, one until the ex- 
piration of three years, one until the expiration of two 
years and one until the expiration of one year from the 
next succeeding annual town meeting, to constitute a 
board of water commissioners ; and at each annual town 
meeting thereafter one water commissioner shall be elected 
by ballot for the term of three years. All the authority 
granted to said town by this act and not otherwise speciti- 
cally provided for shall be vested in said board of water 
connnissioners, who shall be subject however to such in- 
structions, rules and regulations as said town may impose 
by its vote. Said commissioners shall be trustees of the to bo trustees 
sinking fund herein provided for, and a majority of said eL'!"'''"^ "" ' 
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 ^''*<='»ncy. 
from any cause may be filled for the remainder of the un- 



168 



Acts, 1809. — Chap. 206. 



When to lake 
effect. 



expired term by said town at any town meeting called for 
the purpose. 

Section 10. This act shall take effect u[)on its passage, 
l)nt shall become void unless said town shall by a two 
thirds vote of the voters present and voting thereon at 
a legal meeting called for the purpose accept this act and 
begin work thereunder within three years from the date 
of its passage. Approved March 29, 1899. 



County commiB- 
eioiiers may 
take certain 
land for trnunt 
school. 



Description of 
land, etc., to he 
recorded. 



Ch(in.2iOQ An Act to provide additional land and iiuildings for the 

TRUANT SCHOOL OF THE COUNTY OF MIDDLESE.X AT CHELMSFORD. 

Be it enacted, etc., as foUoirs : 

Section 1. The county commissioners of the county 
of Middlesex are hereby authorized and empowered to 
take, by purchase or otherwise, such land adjacent to the 
truant school at Chelmsford, in said county, as may be 
necessary for the uses of said school. 

Section 2. Said county commissioners shall, within 
sixty days after the taking of any land under this act, 
otherwise than by purchase, cause to be recorded in the 
registry of deeds for the northern district of said county, 
a descri})tion of such land sufficiently accurate for iden- 
tification, with a statement of the purpose for which the 
same was taken, signed by said county commissioners: 
and the title of the lands so taken shiill vest in said 
county in fee. 

Section 3. Said county shall pay all damages sus- 
tained by any persons in their proi)erty by reason of 
such taking ; and if any person sustaining damage and 
said commissioners fail to agree as to the amount of such 
damage sustained, said person or said commissioners may, 
within one year from such taking file in the office of the 
clerk of the superior court for said county of Middlesex 
a petition for a jury to determine such damages ; and 
thereupon, after such notice as the court may order, the 
damages shall be determined by a jury in said court, in 
the same manner as damages for land taken for highways 
are determined. 

Section 4. Said county commissioners may erect ad- 
ditional buildings for the use of said truant school : pro- 
videdy however, that no money shall be expended for 
buildings until bids shall have been received from reli- 
able parties for the complete construction of the same 



Damagea. 



Additional 
buildingH may 
be erected. 

Proviflo. 



Acts, 1899. — Chaps. 207, 208. 169 

for a sum which, together with the total amount expended 
for land under this act, shall not exceed in the aggregate 
the sum of twelve thousand dollars. 

Section 5. In order to meet the expenses incurred Jf,f<fn^c7edTof 
under this act said commissioners may borrow from time county. 
to time, upon the credit of said county, a sum not ex- 
ceeding twelve thousand dollars. Said indebtedness shall 
1)0 j)aid out of amounts received for taxes, at the rate of 
throe thousand dollars each 3'ear, commencing with the 
year nineteen hundred, until the whole indebtedness is 
discharged. 

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

Approved March 29, 1899. 

Ax Act rklativk to territouial jurisdiction in certain in- (J]^n^^ 207 

QUEST PROCEEDINGS. 

Be it enacted, etc., asfoUoics: 

Section 1. When a medical examiner has given notice Territorial 
under the provisions of section twelve of chapter twenty- ienain'^inquest 
six of the Public Statutes to a municipal, district or police p^o'^^edingB. 
court, or to a trial justice, it shall not be deemed a variance 
nor sufficient cause for any new or different notice if it 
1)0 found afterward that the said place where such dead 
l)ody was so lying is without the limits of the judicial 
district of such court, or the territorial jurisdiction of 
such trial justice : provided, that said place is within the Provisos. 
state and within fifty rods of the nearest point in the 
boundary line of such district or territory ; and pi'ovided, 
also, that no prior statutory notice relative to the same 
dead body shall have been issued by the medical examiner 
for a county next adjoining such district or territory at 
the point aforesaid. Such court or trial justice shall in 
such case proceed with the inquest and have continuous 
and exclusive jurisdiction therein. 

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

Approved March 29, 1899. 

An Act to authorize the city of woburn to issue additional QJidjy^^iOS 

WATER BONDS. 

Be it enacted, etc., a^ follows : 

Section 1. The city of Woburn, for the purposes wobum water 
mentioned in section six of chapter three hundred and ^''"''' 
seven of the acts of the year eighteen hundred and 



170 



Acts, 1899. — Chaps. 209, 210. 



Chap.209 



1898, 548. § 234, 
amended. 



Removal of 
ballots from 
ballot box 
before voting 
has ceased, 
counting, etc. 



seventy-one, may issue from time to time notes, bonds 
or scrip, signed by its mayor, treasurer, and city auditor, 
to be denominated on the face thereof, Woburn Water 
Scrip, to an amount not exceedinir twenty-live thousand 
dollars in addition to the amounts heretofore authorized 
by law to be issued by the town or city of Woburn for 
the same purposes. Said notes, bonds or scrip shall be 
issued upon the same terms and conditions and with the 
same powers as are provided in said act for the issuing 
of the Woburn water loan l)y the town of Woburn. 
Section 2. This act shall take effect upon its passage. 

Apjiroved March 29, 1S99. 

An Act relative to the counting of ballots at elections. 

Be it enacted, etc., as foUoirs : 

Section two hundred and thirty-four of chapter five 
hundred and forty-eight of the acts of the year eighteen 
hundred and ninety-eight is hereby amended by inserting 
after the word " and", in the forty-fourth line, the words : 
— after two o'clock in the afternoon in, — so that the last 
paragraph of said section shall read as follows : — 

In towns, and after two o'clock in the afternoon in cities 
of less than one hundred thousand inhabitants according 
to the last national or state cen.sus, the ballot box at any 
polling place may bo opened and l)aUots taken therefrom 
for counting when all the selectmen and the town clerk, 
or both the moderator and the town clerk, as the case may 
be, or all the election officers at the voting precinct shall 
so order. When the ballots have l)een thus removed, the 
presiding officer shall select from the election officers an 
equal number from each of the two leading political 
parties, who shall canvass such ballots in accordance with 
this section ; but no announcement of the result of such 
canvass shall ])e made by any election officer until the 
total result of the canvass of ballots has been ascertained. 

Approved March 20, 1S90. 



CJfCip.2\0 ^^ ■'^CT to ATTIIOKIZE the I'HOriilETOKS OK THE INDEPENDENT 
congregational CIIUKCII in HAUTON St^JUAHE IN SALEM, THE 
EAST OMLUCII SOCIETY IN SALEM AND THE SECOND CHUUCII IN 
SALEM TO UNITE. 

Be it enacted, etc., as follows. • 
Certain corpora- SECTION 1. Tlic Proiirietors of the Independent Con- 

tiong may unite . i y^ ,i i • i» j l-i • < i ji T■^ x 

under the name grcgational Church 111 liartou Square m Salem, the Ji.ast 



Acts, 1899. — Chap. 210. 171 

Church Society in Siilem, and the Second Church in Salem, of the second 
are here])y authorized, whenever the members of said three sai"m, 
corporations, at meetings called for that purpose, shall so 
vote, to unite under the terms of this act in one corpora- 
tion, to be called the Second Church in Salem ; and when 
such votes shall have been passed the said corporations 
shall thereupon become one corporation, under the name 
of the Second Church in Salem. 

Section 2. Except as hereinafter provided said united powers, duties, 
corporation shall have and enjoy all the franchises, powers, 
privileges, property and rights of every kind belonging 
to the Proprietors of the Independent Congregational 
Church in Salem, the East Church Society in Salem, and 
the Second Church in Salem, now so-called, and shall 
assume and be subject to all the duties, debts and liabil- 
ities of said corporations, and shall be subject to all gen- 
eral laws now or hereafter in force relating to reliofious 
corporations. 

Section 3. Said Proprietors of the Independent Con- Trustees of 
gregational Church in Barton Square in Salem are hereby proprietors of 
authorized, by their prudential committee or a majority co„g"tgatknmf 
thereof, to make and execute a conveyance transferrinff P^'f^h in Bar- 

iii-ii-ii- • ^ -I 1 ton Square 111 

all their land, with their meeting-house and pews, to three saiem, appoint- 
persons, to be selected by said committee, upon the ™c.° ' 
following trusts, to wit: — Said trustees shall hold and 
manage the same with powder to lease or mortgage ; shall 
permit the Second Church in Salem, now so-called, or the 
aforesaid united cori)oration of the same name, to use for 
its own corporate })arposes such part or parts thereof as 
it may desire, which may not be sold or leased or other- 
wise disj)osed of for producing a revenue ; and they shall 
apply the net income therefrom, until the property held 
in trust shall ])e sold, to the payment of interest upon the 
debt of said Proprietors of the Independent Congrega- 
tional Church in Barton Square in Salem, and they shall 
pay the balance, if any, of said net income in quarterly 
or semi-annual payments, as they may determine, to said 
Second Church in Salem, to be by it paid to its minister 
as a part of his salary. Whenever in the judgment of 
said trustees the property so held by them in trust can 
be sold for a fair price they shall, with the approval in 
writing first obtained of a majority of the executive com- 
mittee of said Second Church in Salem, hereby created, 
sell all said property, either at public auction or private 
sale, as they may determine, and make, execute and deliver 



172 



Acts, 1899. — Chap. 210. 



Trustees of 
propcrtv of 
Proprit'tore of 
the ludependent 
C!oni;rt'g!itional 
(Jhurch in Bar- 
ton Square in 
8aletn, appoint- 
ment, duties, 
etc. 



Vacancy. 



Membership, 
etc. 



Records, books 
papers, etc. 



proper deeds of conveyance thereof, free and discharged 
from any trust ; and from the })roceeds, or from the ])ro- 
ceeds of any mortgage which they may make of said jjrop- 
erty, they shall pay all debts owing by said Proprietors 
of the Independent Congregational Church in Barton 
Square in Salem, and the remainder of said proceeds 
they shall safely invest and hold as a distinct and per- 
manent fund, the income to be applied substantially for 
the purposes for which said Independent Congregational 
Church in Barton Square in Salem was established, but 
they shall not invest said fund in any obligations of said 
Second Church in Salem. The precise manner of apply- 
ing the income for said purposes may be determined, upon 
application of any party interested or of the attorney- 
general, by the supreme judicial court, and until said 
court shall otherwise order said trustees shall pay all of 
said income in quarterly or semi-annual payments, as they 
may determine, to said Second Church in Salem, to be 
by it paid to the minister of said Second Church in Salem 
as his salary or a part thereof. In case a vacanc}' shall 
occur among said trustees it shall be tilled by said court 
upon application as aforesaid. 

Section 4. Said united society shall continue under 
the same organization, and with the same by-laws, until 
amended as therein provided, as the existing society known 
as the Second Church in Salem ; but upon the union all 
persons who arc members of either of said other two cor- 
porations and not of said Second Church in Salem shall 
become members of said last named corporation, with all 
the rights of any members thereof; and no person shall 
after said union have a proprietary right in any pew in 
either of the meeting-houses heretofore occupied by any 
of said societies. 

Section 5. The records and other books and ])apers 
of said existing corporation shall be the pr<)i)crty of said 
united corporation ; and certified copies of the votes of 
the three existing corporations agreeing to the union au- 
thorized by this act, sworn to by the respective clerks and 
recorded in the registry of deeds for the southern district 
of the county of Essex, shall ])e suthcient evidence of the 
establishment of said united corporation. 

Section 6. This act shall take eficct upon its passage. 

Apj^rovod March .'M, 1899. 



Acts, 1899.— CiiAr. 211. 173 



An Act uelative to the admission ok patients to the mas- (Jhaj) 211 

SACIIUSETTS hospital FOU EPILEPTICS. 

Be it enacted, etc., as follows : 

Section 1. Section eight of c'luii)t('r four hundred and ^^^p^j;^^^' ^ ^' 
eiiihty-throc of the acts of the year eiirhteen hundred and 
ninety-tive is hereby amended by striking out the words 
" adult person", in the eighth line, and inserting in place 
thereof the words : — person of the age of fourteen years 
or more, — so as to read as follows : — Section 8. When Admission of 

,,.,,. , , 1 . ,1 , ,1 • • patients to 

the l)uilduigs altered or constructed under the provisions MaHHacinmeUB 
of this act are so far completed that in the opinion of the JpUoptics?' 
trustees the admission of patients may properly be made 
thereto, said trustees shall so notify the governor, who 
shall thereui)on issue his proclamation establishing the 
jSIassachusetts hos|)ital for epileptics, and thereafter the 
trustees may receive into said hospital for care and treat- 
ment any person of the age of fourteen years or more, 
not a criminal, who is subject to epilepsy, provided such 
person be neither an idiot, an inebriate or violently insane. 

Sectiox 2. Section ten of said chapter four hundred etc^.'ameudld. 
and eighty-three, as amended by section twenty-eight of 
chapter four hundred and thirty-three of the acts of the 
year eighteen hundred and ninety-eight, is hereby amended 
by inserting after the word " person ", in the second line, 
the words : — of the age of fourteen years or more, — so 
as to read as follows : — Section 10. ' The trustees of said ^^j^CTceived 
hospital may receive and detain therein, as a boarder and p°fie'l,'',*g''^'"te. "* 
patient, any person of the age of fourteen years or more, 
subject to epilepsy, who is desirous of submitting him- 
self for treatment and makes written application therefor, 
but whose mental condition is not such as to render it 
legal to grant a certificate of insanity in his case. No 
such person shall be detained for more than three months 
after having given written notice of his intention or desire 
to leave said hospital. When any patient is received at 
said hospital the superintendent shall report the particulars 
of the case to the state board of insanity, which may in- 
vestigate the same. 

Section H. Section one of chanter two hundred and isas. 213, §i, 

i 111 1 "'neuded. 

thirteen of the acts of the year eighteen hundred and 
ninety-eight is hereby amended l)y inserting after the 
word "])erson", in the first line, the words: — of the 
age of fourteen years or more, — so as to read as fol- 



174 



Acts, 1899. — Chap. 211. 



Certain persons 
may petition for 
approval of 
application for 
admission. 



1898, 213. § 4, 
amended. 



Time and place 
of hearing, etc. 



Certificate, etc. 
to 1)6 trans- 
mitted to 
trustees. 



Fees, trans- 
portation, etc. 



lows: — Section 1. Any person of the age of fourteen 
years or more desiring to be admitted to the Massachu- 
setts 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 al)ility 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 ap{)ly by petition to any judge qualified to 
commit insane persons, asking for the approval of his ap- 
plication for admission as hereinafter provided. No such 
person shall be admitted to said hospital except in accord- 
ance with the provisions of this act. 

Section 4. Section four of said chapter two hundred 
and thirteen is hereby amended by striking out the word 
"four", in the fourteenth line, and inserting in place 
thereof the word: — three, — also by striking out the 
words " by the register of probate or clerk of the court", 
in the fifteenth and sixteenth lines, so as to read as fol- 
lows : — Section 4. The hearing on such petition shall 
be at such time and place as the judge shall a[)point. If 
upon such hearing the judge finds that the petitioner is 
subject to epilepsy and is eligible for admission to the 
said hospital, that his mental condition is not such as to 
render it legal to grant a certificate of insanity in his 
case ; that neither he nor any 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 provided in the preceding section, the judge may 
approve said application for admission. A certificate re- 
citing said findings and approval, signed by the judge, 
together with certified copies of the ap[)lication for admi.s- 
sion, the notice mentioned in section three of this act, and 
the certificates hereinafter required, shall be transmitted 
to the trustees of said hospital. 

Section 5. In all cases arising under the provisions 
of said chapter two hundred and thirteen the judge, the 
physicians and all other officials shall be entitled to the 
same fees as are provided in the case of the commitment 
of an insane person to an insane hospital, and such fees, 
together with the expense of the transportation to said 
hospital for epileptics of any such patient whose applica- 
tion for admission thereto may be approved by the judge, 
shall be certified, allowed and paid as provided by chapter 



Acts, 1899. — Chap. 212. 175 

cighty-scvcn of the Public Statutes and acts in amend- 
ment thereof, in regard to the commitment of an insane 
person to an insane hospital. 

Section G. This act shall take ellect upon its passage. 

Approved March 30, 1899. 



An Act relative to the poweks of the trustees of the /^7,«r, 019 

SINKING FUND OF THE WATER HOARD OF THE CITY OF CAM- ^' 

BRIDGE. 

Be it enacted, etc., asfolloios: 

Section 1. Section eight of chapter one hundred and 1865,153, §8, 
fifty-three of the acts of the year eighteen hundred and 
f*ixty-five is hereby amended by striking out the last sen- 
tence thereof, beginning with the words "The mayor", 
and inserting in its place the words : — The city may by 
ordinance provide for the appointment of a special board 
of sinking fund commissioners, in whom all the powers 
of the trustees of the sinking fund of the water board 
shall thereupon vest, or may by ordinance provide that 
said powers shall vest in its board of sinking fund com- 
missioners as now or hereafter constituted, — so as to 
read as follows : — Section 8. The city council shall es- city council to 
tablish such price or rents to be paid for the use of the reuts.'etc.'"^^ ^"^ 
water as to provide annually, if practicable, from the net 
income and receipts therefor, for the payment of the in- 
terest and not less than one per centum of the principal 
of the "Cambridge Water Loan", and shall determine 
the manner of collecting the same. The net surplus in- sinking fund, 
come and receipts, after deducting all expenses and charges 
of distribution shall be set apart as a sinking fund, and 
applied solely to the payment of the principal and inter- 
est of said loan, until the same is fully paid. The city 
Miay by ordinance provide for the appointment of a special 
board of sinking fund commissioners, in whom all the 
powers of the trustees of the sinking fund of the water 
i)oard shall thereupon vest, or may by ordinance provide 
that said powers shall vest in its board of sinking fund 
commissioners as now or hereafter constituted. 

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

Approved March 30, 1899. 



17G 



Acts, 1899. — Chaps. 213, 214. 



C%ftX)-213 -^^ -^^"^ KKLATIVE TO THE AUTIIOUITY OF THE CITY OF CAMBRIDGE 
TO CONTINUE THE PAY OF DISABLED OFFICERS AND EMPLOYEES 
IN CERTAIN CASES. 



1894, 364. § 1, 
amended. 



May continue 
piiy of diBiibled 
olhcers and 
employees in 
certain cases. 



Be it enacted^ etc., as follows: 

Section 1. Section one of cha[)ter three hundred and 
sixty-four of the acts of tlie year eighteen hundred and 
ninety-four is hereby amended by striking out in the 
fourth line, the words "certified in writing by the city 
physician to be", so as to read as follows: — Section 1. 
The city council of the city of Cambridge, with the ap- 
proval of the mayor, may continue the regular pay of any 
member or employee of a city department who is inca- 
pacitated mentally or physically for the performance of 
his duties, by injuries sustained in the discharge of such 
duties without fault of the person injured, for a portion 
or the whole of the time during which such disability 
continues, and may make appropriations to meet expenses 
incurred thereby, and may prescribe by ordinance the 
agents by whom and the manner in which the powers 
granted by this act shall be carried into effect. 

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

Approved March 30, 1899. 



Chaj) 



Completion, 
etc., of court 
house at 
Worcester. 



County com- 
missioners may 
incur indebted- 
ness, etc. 



214 An Act to authorize the county commissioners of the county 
OF m^orcester to borrow money for completing, equipping 

AND FURNISHING THE COURT HOUSE AT WORCESTER. 

Be it enacted, etc., asfolloivs: 

Section 1. The county commissioners of the county 
of Worcester are hereby authorized to ex])end a sum not 
exceeding seventy thousand dollars for the purpose of 
completing, equipping and furnishing the court house 
now in process of erection at Worcester, under the au- 
thority of chapter four hundred and forty-nine of the 
acts of the year eighteen hundred and ninety-seven, and 
also for the improvement of the grounds and approaches 
connected with said court house. Of said sum an amount 
not exceeding five thousand dollars shall ])e expended in 
completing the construction of said court house. 

Section 2. In order to meet the expenses incurred 
under this act the county commissioners may borrow a 
sum or sums not exceeding seventy thousand dollars in 
addition to the sums provided for in said act. The in- 



Acts, 1899. — Chaps. 215, 216. 177 

debtedness so incurred by said county ^all be paid /out 
of the amounts received for taxes, in the manner provided 
by section nine of said act, as if said hist named sum of 
seventy thousand doHars had been included in the amount 
originally appropriated. 

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

Approved March 30, 1899. 

An Act to authorize savings banks and institutions for sav- r^jf^,.^ 91 p: 

INGS to loan upon THE BONDS OF THE BOSTON TERMINAL COM- ^ 

PANY. 

Be it enacted, etc., as follotvs : 

Section 1. Savings banks and institutions for savings savings banks, 
may invest their deposits and the income derived there- on"bo11d8oT° 
from in the note or notes of any citizen of this Common- nrrcom^ln'^!' 
wealth with a pledge as collateral of the first mortgage 
bonds of the Boston Terminal Company at a valuation 
not exceeding the par thereof. 

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

Approved March 30, 1899. 



0^029.216 



An Act to authorize the town of russell to refund a part 

OF ITS indebtedness. 

Be it enacted, etc., as foUoivs : 

Section 1. The town of Russell, for the purpose of fo7dl!noteB or 
refunding a part of its indebtedness, may issue bonds, scrip, etc. 
notes or scrip to an amount not exceeding ten thousand 
dollars, payable in periods not exceeding ten years from 
the date of issue, and bearing interest, payable semi- 
annually, at a rate not exceeding four per cent per annum. 
Said l)onds may be sold at public or private sale, and the 
))rocceds shall be used to discharge an equal amount of 
the existing indebtedness of said town. The provisions p. s. 29, etc., 
of chapter twenty-nine of the Public Statutes and of acts *°'*pp'^- 
in amendment thereof and in addition thereto shall, so far 
as they may be applicable, apply to the indebtedness au- 
thorized by this act and the securities issued therefor. 

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

Approved March 30, 1899. 



178 Acts, 1899. — Chaps. 217, 218, 219. 



Ch(ip.217 -^N Act to establish the salary of the clerk of the dis- 
trict COURT OF NORTHERN BERKSHIRE. 

Be it enacted, etc., as follows : 
Clerk of diB. Section 1. The salary of the clerk of the district 

tnct court of j. r> ^i t-» i i • i ii i i i i i 

northera court oi northem Berkshire shall be one thousand dol- 

lars a year, to be so allowed from the first day of Jan- 
uary in the year eighteen hundred and ninety-nine. 

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

Approved March 30, 1899. 



ChuP.^liS -^^ -^^^ RELATIVE TO FEES FOR SERVING PRECEPTS FOR ELECTIONS 

AND SDBP(ENAS. 

Be it enacted, etc., as follows : 

r^ended ^ ^^' Section twelve of chapter one hundred and ninety-nine 
of the Public Statutes is hereby amended by striking out 
in the second, third, fourth and fifth lines, the words " for 
returning to the office of the secretary of the Common- 
wealth the votes for state, county, and district officers, 
one travel for the whole, at the rate of eight cents a mile, 
to be computed from the place of his abode to the secre- 
tary's office ", also by striking out in the seventh and 
eighth lines, the words "and for returning the votes at 
such elections, eight cents a mile, to be computed as 

Fees for serv- aforcsaid ", SO as to read as follows : — Section 12. 

e"fctio'DTand ""^ Sheriffs and other officers shall be i)aid out of the treas- 

Bubpoenas. ^^^, ^j- ^j^^ Commouwealth, for serving precepts for the 
election of representatives in congress, fifty cents each, 
and for the service of subpoenas issued by order of the 
legislature or either branch thereof, the same fees allowed 
for the service of subpcenas issued l)y a court. 

Approved March 30, 1899. 

C'A«I).219 ^^ ^^^ ^^ AUTHORIZE THE CITY OF QUINCY TO REFUND A FART 

OF ITS INDEBTEDNESS. 

Be it enacted, etc., as folloios : 
Maj' issue Section 1. The citv of Quincv by its city council is 

bonds, notes or i • t /. . . ■, ■• 

scrip, etc. 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 part of its 
existing indebtedness. The bonds, notes or scrip issued 



Acts, 1899. — Chap. 220. 179 

under the provisions of this act shall be made payable 
not more than ten years from the date of issue, and shall 
bear interest at a rate not exceeding four per cent i)er 
annum. They .shall be signed by the treasurer and 
countersigned by the mayor and auditor of the city, 
and may be sold or negotiated at public or private sale, 
and the proceeds shall be used to discharge an equal 
amount of the existing debt of said city. 

Section 2. Said city may authorize temporary loans May authorize 
to be made by its mayor and treasurer in anticipation of lo^^?'^^'^^ 
the issue of the bonds, notes or scrip hereby authorized. 

Section 3. Said city instead of establishing a sinking May provide 
fund may provide that said bonds, notes or scrip shall be men't8"Jn\oanr 
payable in such annual auK^unts as will extinguish the 
same within the time prescribed by this act. 

Section 4. This act shall take effect upon its passage. 

Apiyroved March 30, 1899. 

An Act relative to the order in which political designa- f^ljnrf^ 99r) 
tions shall be placed upon the official ballot in elec- ^ 

TIONS. 

Be it enacted, etc., as follows : 

Section one hundred and ninety-three of chapter five isos, 548, § 193, 
hundred and forty-eight of the acts of the year eighteen ^™*'"''**^- 
hundred and ninety-eight is hereby amended by adding 
at the end thereof the following : — If a candidate shall 
receive the nomination of more than one party or more 
than one political designation for the same office he may, 
within the seventy-two hours next succeeding five o'clock 
of the last day fixed for the filing of nomination papers, 
by a writing delivered to the ofiicer or board required liy 
law to prepare the official ballot, direct in what order the 
several nominations or political designations shall be 
added to his name upon the oflicial ballot ; and such 
directions shall be followed by the said officer or board. 
If, during said time, said candidate shall neglect to direct 
in writing as aforesaid, then said officer or board shall 
add said nominations or political designations to .the 
name of said candidate upon the oflScial ballot in such 
order as said officer or board shall determine, — so as 
to read as follows ; — Section 193. General ballots, for General 
the use of male voters in a voting precinct or town, shall 
contain the names of all candidates duly nominated for 



180 Acts, 1899. — Chap. 220. 

election therein, and such ballots shall, except as pro- 
vided in section one hundred and ninety-five of this act, 
contain the name of no other person. 
Reeidence to he ^q ^}^g naiue of cach Candidate for a state office shall 

added to name 

of candidate, be added the name of the city or town in which the can- 
didate resides. To the name of each candidate for a 
city office shall be added the name of the street on which 
he resides, with his street number, if any ; and to the 
name of each candidate for the office of alderman-at- 
large shall also be added the number of the ward in 
which he resides. 

Political desig- -Jq ^b(3 name of each candidate for a state or city office 

nation, etc. , _ , , , -^ 

shall be added his party or political designation, expressed 
in accordance with section one hundred and forty-three 
of this act. To the name of each candidate for a town 
office upon an official ballot shall be added the designa- 
tion of the party or principle which he represents, con- 
tained in the certificate of nomination or nomination 
Candidates with papcrs. No greater number of candidates for any office, 
tfJJJf ''®*'^"''' bearing the same political designation, shall be placed 

upon the official ballot than are to be elected. 
Designation of If the nauic of a political party is used in connection 

certain candi- . -, .-, j. l.^ t ' j.' r 

dates nominated With somc othcr uamc or tcrm as the designation oi a 
plper"'°''"°° candidate nominated for a state or city office by a nomi- 
nation paper, the words " nomination paper ", or " nom. 
paper", shall be added to such political designation. 
Candidates [f ^ candidate shall receive the nomination of more 

nation of more thau ouc party or iiiorc than one political designation for 
^^n one party, ^^^^ game officc he may, within the seventy-two hours 
next succeeding five o'clock of the last day fixed for the 
filing of nomination papers, by a writing delivered to 
the officer or board required by law to prepare the official 
ballot, direct in what order the several nominations or 
political designations shall be added to his name upon 
the official ballot; and such directions shall be followed 
by the said officer or ])oard. If, during said time, said 
candidate shall neglect to direct in writing as aforesaid, 
then said officer or board shall add said nominations or 
political designations to the name of said candidate upon 
the official ballot in such order as said officer or board 
shall determine. Approved April 1, 1899. 



Acts, 1899. — Chap. 221. 181 



An Act to authorize the citt of Cambridge to make an QJiqj) 221 
additional park loan. 

Be it enacted, etc., asfolloios: 

Section 1 . The city of Cambridge by its city council S^^loId. 
is hereby authorized to issue from time to time, in addi- 
tion to the amounts now autliorized by law, notes, scrip 
or bonds to be denominated on the face thereof, Cam- 
bridge Park Loan, to the amount of live hundred thou- 
sand dollars, not exceeding however the sum of one 
hundred thousand dollars in any one financial year com- 
mencing the first day of December in tlie present year, 
bearing interest at a rate not exceeding four per cent per 
annum, payable semi-annually, the principal to be pay- 
able at periods of not more than forty years from the 
issuing of such notes, scrip or bonds respectively. The 
proceeds of such loans shall be used in paying for prop- 
erty purchased, taken or held for a public park, or for 
the esplanade, as authorized by chapter three hundred 
and forty-one of the acts of the year eighteen hundred 
and ninety-two, chapter three hundred and thirty-seven 
of the acts of the year eighteen hundred and ninety- 
three, chapters three hundred and twenty and five hun- 
dred and eight of the acts of the year eighteen hundred 
and ninety-six, and acts in amendment thereof and in 
addition thereto, and also for defraying the expense of 
constructing such park and esplanade, and for any pur- 
pose incident to the protection, enlargement or adorn- 
ment of a public park or esplanade in said city of 
Cambridge : provided^ that the amount expended in any Proviso. 
one financial year shall not exceed one hundred thousand 
dollars. Said city council may sell said notes, scrip or 
bonds, or any part thereof, from time to time, or pledge 
the same for money borrowed for the above purposes ; 
but the same shall not be sold or pledged for less than 
the par value thereof. 

Section 2. The provisions of the tenth and eleventh ^\f ii-^j^^^ '" 
sections of chapter twenty-nine of the Public Statutes apply.' 
shall, so far as they may be applicable, apply to said 
loan. 

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

Approved April 1, 1899, 



182 Acts, 1899. — Ctiap. 222. 



Chap.^i^^ -A.N Act to provide for the fdrther protection of the public 

HEALTH IN THE CITV OF BOSTON. 

Be it enacted, etc., as follows: 

Imlafed}^' Section 1. Section one of chapter two hundred and 

nineteen of the acts of the year eighteen hundred and 
ninety-seven is hereby amended by striking out in the 
fifth line, the words <' human habitation", and inserting 
in place thereof the word: — use, — by inserting in the 
tenth line, after the word "vacate", the words: — or 
cease to use, — ))y inserting in the twenty-fifth line, after 
the word "specified", the words: — and said building 
shall be no longer used, — by striking out in the thirtieth 
and thirty-first lines, the words " which has been ordered 
by said board to be vacated ", and by adding at the end 
of said section the words : — and if said building is not 
removed in accordance with said order said board of 
health shall remove the same at the expense of the city, 

Board of iieaith — so as to read as follows : — Section 1. Whenever the 

may cause cer- . i^iii •! • />-r» ini c • • 

uin buildings boai'd ot health ot the city of Boston shall be ot opinion 
^o^e>acae , ^j^^^ ^^^^ buildiug or auy part thereof in said city is in- 
fected with contagious disease, or by reason of want of 
repair has become dangerous to life, or is unfit for use 
because of defects in drainage, plumbing, ventilation, or 
in the construction of the same, or because of the ex- 
istence of a nuisance on the premises which is likely to 
cause sickness among its occupants, said board may issue 
an order requiring all persons therein to vacate or cease 
to use such building or part thereof stated in the order, 
for reasons to be stated therein as aforesaid. Said board 
shall cause said order to be affixed conspicuously to the 
building or part thereof, and to be personally served on 
the owner, lessee, agent, occupant or any person having 
the charge or care thereof; if the''owner, lessee or agent 
cannot be found in the said city, or does not reside therein, 
or evades or resists service, then said order may be served 
by depositing a copy thereof in the postoffice of said 
city, })ostpaid and properly inclosed and addressed to 
such owner, lessee or agent at his last known place of 
business or residence. Such building or part thereof 
shall be vacated within ten days after said order shall 
have been posted and mailed as aforesaid, or within such 
shorter time, not less than forty-eight hours, as in said 
order may be s})ecified, and said building shall be no 
longer used ; but whenever said board shall become sat- 



Acts, 1899. — Citap. 223. 183 

isfied that the danger from said building or part thereof 
has ceased to exist, or that said building has been re- 
paired so as to be habitable, it may revoke said order. 
Whenever in the opinion of the board of health any certain buiid- 
building or part thereof in said city is because of age, r"fuov«'d.^'' 
infection with contagious disease, defects in drainage, 
plumbing or ventilation, or because of the existence of 
a nuisance on the premises which is likely to cause sick- 
ness among its occupants, or among the occupants of 
other property in said city, or because it makes other 
buildings in said vicinity unfit for human habitation or 
dangerous or injurious to health, or because it prevents 
proper measures from l)eing carried into effect for reme- 
dying any nuisance injurious to health, or other sanitary 
evils in respect of such other buildings, so unfit for 
human habitation that the evils in or caused by said 
building cannot l)e remedied by repairs or in any other 
way except by the destruction of said building or of any 
portion of the same, said board of health may order the 
same or any part thereof to be removed ; and if said 
building is not removed in accordance with said order 
said board of health shall remove the same at the expense 
of the city. 

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

Approved April 1, 1899, 



Chap.223 



An Act relative to the standard quality of milk. 
Be it enacted, etc., as follows: 

Section 1. Section nine of chapter fifty-seven of the p. s.st, §9, 
Pul)lic Statutes, as amended })y section six of chapter «^'=> ^^^nded. 
three hundred and fifty-two of the acts of the year eight- 
een hundred and eighty-five, and by section two of chapter 
three hundred and eighteen of the acts of the year eight- 
een hundred and eighty-six, and l)y section two of chapter 
three hundred and ninety-eight of the acts of the year 
eighteen hundred and ninety-six, is hereby amended by 
striking out the word " and", in the eighth line, and by 
insei-ting after the word " August", in the ninth line, the 
words : — and September, — so as to read as follows : — 
fSection 9. In all prosecutions under this chapter, if the certain miik to 
milk is shown upon analysis to contain less than thirteen of good '*'* °"' 
per cent, of milk solids, or to contain less than nine and q'^aiuy"* 
three tenths per cent, of milk solids exclusive of fat, or 
to contain less than three and seven tenths per cent, of 



184 



Acts, 1899. 



Chaps. 224, 225. 



City of Brock- 
ton Street 
luiproveraent 
Loan, Act of 
1899. 



fat, it shall be deemed for the purposes of this act to be 
not of good standard (juality, except during the months 
of April, May, June, .July, August and September, when 
milk containing less than twelve per cent, of milk solids, 
or less than nine per cent, of milk solids exclusive of 
fat, or less than three per cent, of fat, shall be deemed 
to be not of good standard quality. 

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

Approced April 7, 1899. 

(^/^^2).224 ^^ ^^"^ "^^ AUTHORIZE THE CITY OF BROCKTON TO BORROW MONEY 
FOR PERMANENT STREET IMPROVEMENTS. 

Be it enacted^ etc., as folloios: 

Section 1. The city of Brockton, for the purpose 
of making permanent improvements in its streets and 
ways by paving, macadam or asphalt, may incur indebt- 
edness to an amount not exceeding one hundred thousand 
dollars, and may from time to time issue bonds, notes or 
scrip therefor, pa3^able at periods of not more than twenty 
years from the date of issue. Said bonds, notes or scrip 
shall be denominated on their face. City of Brockton 
Street Improvement Loan, Act of 1899, shall be signed 
by the mayor and city treasurer, and shall ])ear interest 
at a rate not exceeding four i)er cent per annum, payable 
semi-annually. Said city shall provide for the payment 
of said indebtedness by tixed annual proportionate pay- 
ments, and the aggregate amount of such payments shall 
be such as to extinguish the debt at maturity. The sink- 
ing fund of any loan may be invested therein. 

Smction 2. The provisions of chapter twenty-nine of 
the Public Statutes and of acts in amendment thereof and 
in addition thereto, except as herein otherwise provided, 
shall apply to the indebtedness hereby authorized and the 
securities issued thereunder. 

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

Approved April i, 1899. 



Payment of 
loan. 



P. S. 20, etc. 
to apply. 



Chap.'225 ^^ ^^'^ "^V authorize the city of QUINCY to incur INDEBTED- 
NESS BEYOND THE LIMIT FIXED BY LAW, FOR STREET IMPROVE- 
MENTS. 

Be it enacted, etc., asfoUoivs: 

Street Improve- SECTION 1. The clty of Quiucy, for the purpose of 
nieutLoan. paying the expenses incurred in laying out, locating 



Acts, 1899. — Chap. 226. 185 

anew, widening and constructing highways in the city 
of Quincy, may incur indebtedness to an amount not 
exceeding one hundred and fifty tliousand dollars, and 
may from time to time issue negotiable bonds, notes or 
scrip therefor, 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 Quincy Street Improvement Loan, Act of 1899, shall 
be signed by the treasurer and countersigned by the mayor 
of said city, shall be payable in periods not exceeding 
twenty-five years from the date of issue, shall bear inter- 
est at a rate not exceeding four per cent per annum, 
payable semi-annually, and shall not be reckoned in de- 
termining the limit of indebtedness of said city. The 
proceeds of said loan shall be used for the purposes of 
this act and no other. 

Sectiox 2. Said city instead of establishing a sink- May provide 
ing fund may at the time or times of incurring indebted- payments on 
ness under this act provide for the payment thereof in 
such annual payments as will in the aggregate extinguish 
the same within the time prescribed in this act. 

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

Approved April i, 1899. 



Chap.22(j 



An Act to regulate the discharge of convicts committed to 

PRISON OR other PLACE OF CONFINEMENT FOR NON-PAYMENT 
OF FINE, OR FINE AND COSTS. 

Be it enacted, etc., as follows : 

Section fifteen of chapter two hundred and twenty-two p. s. 222, § 15, 
of the Public Statutes is hereby amended by striking out *™*^°'*^'*- 
all after the word " confinement", in the second line, and 
inserting in place thereof the words : — eight days for 
fine, or fine and costs not exceeding five dollars, twenty 
days for fine, or fine and costs not exceeding ten dollars, 
thirty days for fine, or fine and costs not exceeding twenty 
dollars, he shall be discharged, — so as to read as fol- 
lows : — Section 15. When a convict has been confined Discharge of 

^ . . convicts com- 

in a prison or other place of confinement eight days for mitteu for nou- 
fine, or fine and costs not exceeding five dollars, twenty tine, etc. 
days for fine, or fine and costs not exceeding ten dollars, 
thirty days for fine, or fine and costs not exceeding twenty 
dollars, he shall be discharged. 

Apjproved April i, 1899. 



186 



Acts, 1899. — CiiArs. 227, 228. 



CllCip.^'H ^'^ •'^CT TO AUTHORIZE THE TRUSTEES UNDER THE WILL OF JAMES 
M. "\V001> TO CONVEY AN ESTATE TO THE LAWRENCE HOME FOR 



AGED PEOPLE. 

Be it enacted, etc., as follows : 
TniBteeB under Section 1. The ti'ustees dulv appointed mnder the 

will of James t , , '/• r i • i 

M. Wood may Will oi Jaiiies M. Wood, late or Lawrence, which was 
^tate^o^The provcd aiid allowed in the probate court for the county 
Homefor Aged of Esscx Oil the twelfth day of March in the year eight- 
Peopie, etc. gg^^ hundred and eighty-three, may convey to The Law- 
rence Home for Aged People, a corporation organized 
under the general laws of the Commonwealth, all the 
property held by them under said will, to be held by 
said corporation forever in trust for the purpose of main- 
taining a home for poor and aged people according to the 
trust limited in said will. Such conveyance when made 
by said trustees and accepted by said corporation shall 
be a full execution of their trust by said trustees, and 
thereupon they shall be discharged of all future duties 
and obligations as such trustees. Upon receiving and 
accepting such conveyance The Lawrence Home for Aged 
People shall hold all the estate which said trustees now 
hold or might hereafter receive and hold, with all the 
power and authority which the trustees provided for in 
said will might exercise ; and shall administer said estate 
for the l)enefit of the class of persons intended to be 
benefited by the will of said testator. The Lawrence 
Home for Aged People shall not be required to be ap- 
pointed to said trust by the ])robate court nor to render 
any account to the prol)ate court ; l)ut nothing herein 
shall 1)6 construed to impair the jurisdiction of the courts 
of equity over the su]))ect-matter of said trust. 

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

Approved April 7, 1899. 



Ckap.^'2S -^^ -'^CT TO AUTHORIZE THE TOWN OF SOUTHBRIDGE TO CONSTRUCT 
AND MAINTAIN A SYSTEM OF SEWERAGE AND SEWAGE DISPOSAL. 



May construct, 
etc., a system 
of sewerage, 
etc. 



Be it enacted, etc., as foUoivs : 

Section 1. The town of Southbridge is hereby au- 
thorized, through a board of sewer commissioners elected 
as hereinafter provided, to lay out, construct and main- 
tain a system of sewerage and sewage disposal for such 
town, such system to conform to that adopted at a town 



Acts, 1899. — Ciiat>. 228. 187 

meeting held on the twenty-ninth day of June in the year 
eighteen hundred and ninety-eight, so far as that sys- 
tem now exists and can be utilized, and said town may by 
said board take, by purchase or otherwise, any lands, 
water rights, rights of way or easements in the town 
of Southbridge deemed by said l)oard necessary for the 
establishment of such system of sewerage and sewage 
disposal. 

Section 2. No sewer or other works shall be con- system to be 
structed under the autliority of this act until said system stL'te'board^of 
of sewerage and sewage disposal has been approved by health, etc 
the state board of health, after a hearing of which due 
notice shall be given by said board, in such paper or 
papers and at such time or times as said board may deem 
proper ; and said board after such hearing may reject 
such system, may approve it, or may modify and amend 
the same, and approve it as so modified and amended. 

Section 3. Said board shall consist of three commis- Board of sewer 

,1 iiij_ii II? •• comrnissioners, 

sioners, to be called the board ot sewer commissioners election, tenuB, 
of the town of Southbridge, who shall be citizens and ^^''' 
residents of said town, and shall be elected by ballot at 
a special meeting, or at an annual meeting of said town, 
one commissioner to hold office for one year, one for two 
years and one for three years, respectively, from the date 
of the annual town meetino; next succeedino; the date of 
his election if he was elected at a special meeting, and 
from the date of his election if he was elected at an an- 
nual meeting, or until his successor is elected and qual- 
ified ; and at each annual town meeting thereafter said 
town shall elect one meml)er of said board to serve three 
years or until his successor is elected and qualified. If vacancy, etc 
a vacancy shall occur in said board said town may at a 
meeting called for that purpose elect a person to fill such 
vacancy, or the vacancy may be filled at the next annual 
town meeting. Said town shall fix the compensation to 
be paid to said board. 

Section 4. Said town may for the purposes of this May carry its 

, ., • 1 ^ 'J. 1 i_ i_ sewers under 

act carry its sewers, pipes and conduits under any street, streets, dig up 
railroad, highwa}'' or other way, in such a manner as not pf^y^^** ''»°'J»' 
unnecessarily to obstruct the same, and may enter upon 
and dig up any private lands, street or way, for the pur- 
pose of constructing said system, laying said sewers and 
drains and system of sewage disposal, and maintaining 
and repairing the same ; and may do any other things 



188 Acts, 1899. — Chap. 228. 

necessary or proper in carrying out the purposes of this 
act. 
^na7*eti°°to^ Section 5. Said town when it takes any lands, water 
be recorded. rights, rights of Way, easements or other real estate under 
the authority of this act, in any manner other than by 
purchase, shall cause to be recorded in the Worcester 
district registry of deeds such a description of the same 
as is customary in a common conveyance of land, with 
a statement signed by the board of sewer commissioners 
that the same has been taken under the authority of this 
act, and upon such recording the title to the lands, water 
rights, rights of way and easements and other real estate 
so described shall vest in said town. 
Damages. SECTION G. Said towu shall pay all damages to prop-, 

erty sustained by any person by reason of such taking, 
and if such person and the town fail to agree as to the 
amount of damages sustained they shall be determined 
by a jury of the superior court, in the manner provided 
by law when land is taken for laying out highways. 
Is^ecmedVmu' Section 7. Said town in case of a petition for a jury, 
as damages, as aforcsald, may offer in court and consent in writing 
that a sum therein specified may be awarded as damages 
to the petitioner, and if the petitioner shall not accept 
the sum so offered, within one year after notice of such 
ofier, and shall 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 petitioner, if he recovers damages, shall be 
allowed his costs only to the date of said offer. 
Appoitioumeat Section 8. The town of Southbridge shall determine 

of cost, c5 

by vote what proportion of the cost of said system or 
systems of sewerage and sewage disposal said town shall 
Proviso. pay : jjrovided, that it shall not pay less than one third 

nor more than one half of the whole cost. The remain- 
ing cost of said system or systems shall be borne by the 
owners of the estates situated within the territory em- 
braced and l)enefited thereby, upon such fixed uniform 
rate as the inhabitants of said town may determine ; ))ut 
no estate shall be deemed to be benefited until a sewer 
is constructed capable of receiving its drainage. Said 
uniform rate shall be adopted by said town before enter- 
ing upon the work herein authorized, and shall be the 
rate used in all assessments made upon said owners under 
this act. Assessments made as herein provided shall con- 



Acts, 1899.— Ghap. 228. 189 

stitute a lien upon the estates assessed to the depth of 
one hundred feet from the street or way in which a sewer 
is laid, if such estate be of such a depth, but if the estate 
is less than one hundred feet in depth then to the rear 
of the estate. 

Section 9. When in any street or way, or part of a Payment of 
street or way, public or private, a sewer included in any eic. 
system now constructed or hereafter to be constructed is 
finished and ready for use, the board of sewer commis- 
sioners shall file a certificate with the town treasurer des- 
ignating the street or way, or part thereof, in which the 
sewer has been finished, and setting forth the names of 
the owners of the estates abutting and benefited, and the 
amount of the assessment or charge to he paid by each, 
and referring to a plan on file in the town clerk's ofiice, 
or in such office as the board shall determine, which plan 
shall show the frontage, the name of the owner, and the 
amount of the assessment of each estate abutting and 
benefited b}^ the said sewer on said street or way. The . 
treasurer shall upon the receipt of such certificate make 
a demand in writing for the payment of such assessment 
or charge, and every owner shall within three months 
after such demand is served upon him, or on the occupant 
of such estate, or sent by mail to the last address of said 
owner known to the town treasurer, pay to the town 
treasurer the sum so assessed or charged : provided^ that Proviso. 
said board shall, on the written request of any owner 
made within three months, apportion such assessment 
or charge into such a number of equal parts or instal- 
ments, not exceeding five, as said owner shall state in 
such request, and they shall certify such apportionment 
to the assessors. Interest from the date of such appor- 
tionment at the rate of five per cent per annum shall be 
added to each of such assessments or charges until they 
are paid, and one of such parts or instalments shall be 
added by the assessors to the annual tax of such estates 
for each year next ensuing until all such parts have been 
so added, unless sooner paid, as hereinafter provided. 
Nothing herein shall be construed to prevent the pay- 
ment at any time in one payment, notwithstanding its 
prior apportionment, of any balance of any assessment 
or charges then remaining unpaid, but interest on such 
balance at the rate of five per cent per annum shall be 
paid to the date of such payment, and thereupon the 



190 



Acts, 1899. — Chap. 228. 



AsseBsment to 
coDHtitiite a 
lien upon 
estate. 



May be col- 
lected by an 
action of con- 
tract. 



Persona ajj- 
grieved may 
apply for a 
jury, etc. 



SouthbridKe 
Sewerage Loan 



town treasurer shall receive the same and certify such 
payment or payments to the assessors, who shall preserve 
a record thereof. 

Sectio¥ 10. The assessment or charge aforesaid shall 
constitute a lien upon the estate, which shall continue 
for two years after such coi-tificatc is made and filed, and 
after the demand aforesaid is made, or in wise of appor- 
tionment until the expiration of two years from the time 
the last instalment is committed to the collector. Said 
assessment, together with interest at the rate of five per 
cent per annum may, with incidental costs and expenses, 
be levied by sale of such estate or so much thereof as 
shall be sufficient to discharge the assessment and inter- 
est and intervening charges, if the assessment is not paid 
within three months after the service of said notice, or 
if it has been apportioned, within three months after any 
portion has become due. Such sale and all proceedings 
connected therewith shall be conducted in the same man- 
ner as sales for the non-payment of taxes are conducted, 
and real estate so sold may be redeemed in the same 
manner as if it were sold for the non-payment of taxes. 
Such assessment or part thereof may also be collected 
by an action of contract in the name of the town of 
Southbridge against the owner ©f such estate brought at 
any time within two years after the same has become 
due. 

Section 11. Any person aggrieved by such assess- 
ment may at any time within three months after the ser- 
vice of the demand mentioned in section nine of this act 
apply to the superior court of said county for a jury to 
revise the same, but before making such application he 
shall give to said commissioners fourteen days' notice in 
writing, and shall therein specify particularly his ol)jec- 
tion to the assessment, to which specification he shall be 
confined in his hearing before a jury. 

Section 12. The town of Southbridge, for the i)ur- 
pose of paying the necessary expenses and liabilities in- 
curred 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 fifty 
thousand dollars beyond the limit of inde])tedness fixed 
by law for said town, and the provisions of section four 
of chapter twenty-nine of the Public Statutes, as amended 
by chapter three hundred and twelve of the acts of the 



Acts, 1899. — Chap. 228. 191 

year eighteen hundred and eighty -five, shall not apply 
to any debt created under the authority of this act. 
Such bonds, notes or scrip shall bear on their face the 
words, Southbridgc Sewerage Loan, shall be payable 
within such period, not exceeding thirty years from the 
issuing of such bonds, notes or scrip respectively, and 
shall bear interest, payable semi-annually, at such rate, 
not exceeding five per cent per annum, as said board of 
commissioners shall determine. The town of South- 
bridge may sell such securities or any part thereof from 
time to time at public or private sale, or pledge the same 
for money borrowed for the purposes of this act : p7'0- Proviso. 
n'ded, that they shall not be sold or pledged for less than 
the par value thereof; and said town shall retain the pro- 
ceeds thereof in the treasury and the treasurer shall pay 
therefrom the expenses incurred for the purposes afore- 
said. The premiums, if any, received on the sale of 
such bonds, notes or scrip, shall be paid over to the board 
of sinking fund commissioners and be placed in the sink- 
ing fund of said town, which fund shall be created as 
l)rovided by law for the payment of the loan herein 
authorized. 

Section 13. The receipts from assessments, payments Payment of 
in lieu thereof, and all other receipts under this act, shall '°'"''^'°- 
be applied by the board of sewer commissioners to the 
construction, maintenance and operation of said system 
of sewerage and sewage disposal, except that said board 
may apply any part of such receipts to the payment of 
interest upon the bonds, notes or scrip issued under the 
authority of this act, or to the sinking fund that shall 
be established for the payment and redemption of said 
bonds, notes or scrip, as provided by section nine of 
chapter twenty-nine of the Public Statutes. All further 
sums necessary in any year to pay the interest on said 
bonds, notes or scrip, and to meet the requirements of 
law as to the sinking fund, shall be raised by said town 
by taxation in the same manner in which money is appro- 
priated and assessed for other town purposes. Said sink- 
ing fund shall be used for no other purposes than the 
payment and redemption of said debt. Except as herein p. s. 29, etc., 
otherwise provided the provisions of chapter twenty-nine '""pp'^* 
of the Public Statutes, and chapter one hundred and 
twenty-nine of the acts of the year eighteen hundred 
and eighty-four, so far as they may be applicable, shall 



192 



Acts, 1899. — Chap. 229. 



May prescribe 
regulations, etc< 



ContractB. 



Certain provi- 
sions of law to 
apply. 



apply to the issue of said bonds, notes or scrip, and to 
the establishment of a sinking fund for the payment 
thereof at maturity. The sinking fund of any loan of 
said town may be invested in said bonds, notes or scrip. 

Section 14. Said board of commissioners may from 
time to time prescrilie regulations for inspection of the 
materials, the construction and alteration or use of par- 
ticular sewers entering into common sewers, and regu- 
lations for the connecting of buildings or estates w ith 
sewers, and may impose penalties, not exceeding twenty 
dollars for each violation of such regulations. Such 
regulations shall l)e published not less than once a week 
for three successive weeks in some newspaper published 
in said town, and shall not take effect until such publica- 
tion has been made. 

Section 15. All contracts made by said board of com- 
missioners for the purposes of this act shall be contracts 
of the town, and shall be signed by the board, liut no 
contracts shall be made and no obligations incurred by 
said commissioners for the laying out and construction 
of said system of sewerage or sewage disposal in excess 
of the amount of money appropriated by said town 
therefor. 

Section 16. The provisions of chapter fifty of the 
Pu])lic Statutes and of acts in amendment thereof, and 
also of chapter two hundred and forty-five of the acts 
of the year eighteen hundred and ninety-two, so far as 
they are applicable and not inconsistent with this act, 
shall apply to the town of Southbridge in carrying out 
the provisions of this act. 

Section 17. This act shall take effect upon its passage. 

Approved April 1, 1899. 



Gha,7)'^^^ ^^^ ^^^ RELATIVK TO DOMESTIC AND KOREICN MUTUAL ASSESSMENT 

LIFE INSURANCE CORPORATIONS. 



Dotncfltie as- 
BeRHment inftur 



Be it enacted, etc., asfoUoivs: 

Section 1. Any corporation of this Commonwealth 
ance corpora- no^y authorizcd to trausact the business of life insurance, 
to accept provi- uiidcT cliaptcr four hundred and twenty-one of the acts 

BioDB of certain o ii 'ij iii i • a^ ij.* 

acts, etc. of thc year eigliteen hundred and ninety and acts m 

amendment thereof, may, by vote of a majority of its 
members present and voting at a special meeting called 
for that purpose, of which meeting a written or printed 



Acts, 181)9. — Chap. 229. 193 

notice shall have been mailed to each member at least 
ten days before the date fixed for such meeting, accept 
the provisions of this act and the provisions of chapter 
five hundred and twenty-two of the acts of the year 
eighteen hundred and ninety-four and of acts in amend- 
ment thereof relative to life insurance, and shall there- 
after, except as herein specifically provided, transact 
business in accordance with and be governed by the pro- 
visions of said acts. 

Section 2. A copy of the vote of the members des- copy of vote 

. ^ ' .' /-ji> j jiji .to be filed with 

ignated in section one oi this act, sworn to by the presi- insurance 
dent and secretary and a majority of the board of directors «°«'"'««i°'>«'-- 
as l)eing a true copy, shall be filed with the insurance com- 
missioner, who shall issue to such corporation a certificate 
of authority to transact the business of life insurance, 
in accordance with the provisions of this act and of said 
chapter five hundred and twenty-two, so far as the same 
may be applicable. 

Skction 3. Any corporation organiged under au- Foreign assess. 
thority of any other of the United States to insure {lo'^ns imly b'e' 
lives on the assessment ])lan and now doing business in reiiceneed, etc. 
this Commonwealth, shall upon compliance with this act 
be relicensed and authorized to transact a general life 
insurance business in this Commonwealth, upon filing 
with the insurance department of the state all the papers 
and documents and making the payments required under 
the Massachusetts insurance act of eighteen hundred and 
ninety-four and acts in amendment thereof, so far as the 
same are or may be applicable, and all business there- 
after transacted by such corporation shall be done in ac- 
cordance with and governed by the provitdons of said 
chapter five hundred and and twenty-two, except as pro- 
vided in this act. 

Section 4. Every such corporation of this state, or certain corpora- 
of any other of the United States, upon complying Avith o\it"oxT8ting 
the re(|uirements of this act, is hereby authorized to carry *^°°"'''*^**' 
out in good faith its contracts heretofore made with its 
members, but all policies or certificates of insurance here- Reserve Hawi. 

,/■• 11 -1 .• 1 ... ity to be inain- 

toiore issued by such corporations and now remaining in tained oncer. 
force which contain a provision for a payment other than *J[|." poi'^ies, 
the j^remium stipulated therein, and under which the 
duration of premium payments is co-equal with the 
duration of the contract, endowment policies and en- 
dowment certificates excepted, shall be valued and re- 



194 



Acts, 1899. — Chap. 229. 



Proviso, 



Policies issued 
after July 1, 
1899, to be sub- 
ject to provi- 
sions of this 
act, etc. 



Proviso. 



Repeal. 



Certain acts not 
to apply. 



serve maintained thereon on the basis of renewable term 
insurance as fixed by attained age, in accordance with 
the provisions of said chapter live hundred and twenty- 
two and of acts in amendment thereof. To the reserve 
liability determined as above the insurance commissioner 
shall add the determinate contract reserve under any other 
policies or certificates heretofore issued and remaining in 
force, and in the absence of such contract reserve shall 
value them as contracts providing similar benefits are to 
be valued under the provisions of said chapter five hun- 
dred and twenty-two : provided, that under no policy or 
certificate shall a greater aggregate reserve liability be 
charged than is required by said chapter. 

Section 5. After the first day of July in the year 
eighteen hundred and ninety-nine no policy or certificate 
of life insurance under the provisions of chapter four 
hundred and twenty-one of the acts of the year eighteen 
hundred and ninety and of acts in amendment thereof 
shall be issued by any such corporation, unless made 
subject to and in compliance with the provisions of this 
act. All policies of life insurance issued ]\v any such 
corporation after said date, whether or not they contain 
a provision for a payment other than the premium spec- 
ified therein, shall be valued, taking the first year as one 
year term insurance, and the reserve maintained thereon, 
according to the provisions of said chapter five hundred 
and twenty-two and of acts in amendment thereof: pro- 
vided, however, that the following words of this section, 
*' taking the first year as one year term insurance", shall 
not apply to any policies issued on or after the first day 
of January in the year nineteen hundred and three. 

Section 6. All parts of chapter four hundred and 
twenty-one of the acts of the year eighteen hundred and 
ninety and of acts in amendment thereof which relate 
to the formation of corporations to transact the business 
of life insurance, or which provide for the regulation of 
the Inisincss of life insurance by such cor})orations, and 
all other provisions of said acts, except such as relate 
solely to the formation and regulation of corporations 
organized for the transaction of accident or casualty in- 
surance, and chapter five hundred and fifteen of the acts 
of the year eighteen hundred and ninety-six, are hereby 
repealed. 

iSection 7. All acts and parts of acts inconsistent 
with the provisions of this act are hereby declared not 



Acts, 1899. — Chaps. 230, 231. 195 

to be applicable to any such corporations organized under 
chapter four hundred and twenty-one of the acts of the 
year eighteen hundred and ninety and acts in amendment 
thereof. 

Section 8. This act shall take effect on the first day To take effect 
of July in the year eighteen hundred and ninety-nine. " ^ ' 

Approved April 1, 1899. 



An Act to extend the time avithin which the marlborough f^hfj^^ OQA 

AND WESTBOROUGH STREET RAILWAY COMPANY MAY CONSTRUCT ^ 

AND OPERATE ITS RAILWAY. 

Be if enacted., etc., as follows : 

Section 1. The time within which the Marlborough Time extended. 
and Westborough Street Railway Company is authorized 
by chapter two hundred and eighty-three of the acts of 
the year eighteen hundred and ninety-eight to construct 
and operate its railway is hereby extended to the first 
day of October in the year nineteen hundred and one. 

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

Approved April 1, 1899. 



Chap.2Sl 



An Act to limit the time within which the boston and 
albany railroad company may take certain lands in 
boston under the act incorporating the boston terminal 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1 . The right of the Boston and Albany Kail- Rig^t of the 

f^ , f, , "^ , Boeton and 

road Company, under section twenty-two of chapter hve Aibau.v uaii- 
hundred and sixteen of the acts of the year eighteen hun- to "take certain 
dred and ninety-six, to take by eminent domain that part na"te AugusiTsi, 
of the lands described in said section which is bounded ^^^^• 
northerly by Kneeland street between the westerly side 
of Utica street and the easterly side of South street, 
easterly by the easterly line of South street, southerly 
by the southerly line of Harvard street, so-called, and 
the same straight line extended easterly to the easterly 
side of South street, and westerly by the westerly line 
of Utica street, shall terminate on the thirty-first day of 
August in the current year. 

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

Approved April 1, 1899. 



196 



Acts, 1899. — Chap. 232. 



Appropriationp. 



Bounties to 

MaseachusettB 

soldiers. 



State board of 
bar examiners. 



School blanks. 



C'^tt/?.232 ^^ ^^'^ MAKING APPROPRIATIONS FOR THE TRUSTEES OF THE 
SOLDIERS' HOME IN MASSACHUSETTS, THE NEW ENGLAND INDUS- 
TRIAL SCHOOL FOR DEAF MUTES, AND FOR CERTAIN OTHER EX- 
PENSES AUTHORIZED BY LAW. 

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 in certain acts and resolves of the present year, 
to wit : — 

For the payment of bounties to Massachusetts soldiers, 
as authorized hy chapter five hundred and twenty-five 
of the acts of the year eighteen hundred and ninety-eight, 
and chapter seventy-five of the acts of the present year, 
a sum not exceeding twelve hundred dollars. 

For payment of the expenses of the state board of bar 
examiners, as authorized by chapter three hundred and 
twelve of the acts of the year eighteen hundred and 
ninety-eight, a sum not exceeding one thousand dollars. 

For providing school registers and other school blanks 
for the towns and cities of the Commonwealth, as au- 
thorized by chapter one hundred and eleven of the acts 
of the present year, a sum not exceeding one thousand 
dollars. 

For such additional clerical assistance and for such ex- 
penses of the bureau of statistics of labor as may be neces- 
sary, as authorized by chapter one hundred and fifteen 
of the acts of the present year, a sum not exceeding 
seventy-eight hundred dollars, the same to be in addi- 
tion to the six thousand dollars appropriated by chapter 
forty-one of the acts of the present year. 

For expenses in connection with the boundary line 
])etween the towns of Gay Head and Chilmark, as au- 
thorized by chapter one hundred and thirty-three of the 
acts of the present year, a sum not exceeding five thou- 
sand dollars. 

For the preservation of the war records in the ofiice 
.of the adjutant general, as authorized by chapter three 
of the resolves of the present year, a sum not exceeding 
fifteen hundred 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 chapter four of the resolves 



Bureau of 
8tatii*tics of 
labor. 



Boundary line 
between Gay- 
Head and 
Chilmark. 



Preservation of 
war records. 



Index of war 
records, etc. 



Acts, 1899. — Chap. 232. 197 

of the present year, the sum of twenty-live hundred 
dollars. 

For making surveys and plans of the state house surveys and 
grounds and of lands and buildings adjacent thereto, house gro^unds, 
and for furnishing estimates of the value of such adja- ®''=- 
cent lands, as authorized by chapter five of the resolves 
of the present year, a sum not exceeding four thousand 
dollars. 

For Frank L. Garland, as authorized by chapter six Frank l. 
of the resolves of the present year, the sum of six hun- '*' "" ' 
dred dollars. 

For the purchase of apparatus to be used at polling counting 
places in the canvass and count of votes, as authorized ''pp^'^"*- 
by chapter seven of the resolves of the present year, a 
sum not exceeding one thousand dollars. 

For compiling, indexing and publishing the records Revolutionary 
of the Massachusetts troops who served in the revolu- '^^°°^ ^' 
tionary war, as authorized by chapter eight of the re- 
solves of the present year, a sum not exceeding three 
thousand dollars. 

For repairs and improvements at the state normal 8t«te normal 

i . . school at 

school at Bridgewater, as authorized by chapter nine Bridgewater. 
of the resolves of the present year, a sum not exceeding 
fifteen hundred dollars. 

For Samuel Hillman, as authorized by chapter ten of ^an."^'™'' 
the resolves of the present year, the sum of two hundred 
dollars. 

For Lemuel Burr, as authorized by chapter eleven of Lemuel Burr. ^ 
the resolves of the present year, the sum of one hundred 
and fifty dollars. 

For the purchase of land for the Massachusetts hos- Massachusetts 
pital for consumptives and tubercular patients, as au- consmupuves, 
thorized by chapter sixteen of the resolves of the present ''^''• 
year, a sum not exceeding twenty-five hundred dollars. 

For the New England Industrial School for Deaf Mutes, New England 
as authorized by chapter seventeen of the resolves of the jSchooi"or 
present year, the sum of two thousand dollars. ^''^^ '^"*''*- 

For the trustees of the Soldiers' Home in Massachu- soidiers- Home. 
setts, as authorized by chapter eighteen of the resolves 
of the present year, the sum of thirty-five thousand 
dollars. 

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

A2J2)roved April 1, 1899. 



198 Acts, 1899. — Chaps. 233, 234, 235. 



(Jhap.^'d^ An Act to extend the time avithin which the pynchon safe 

DEPOSIT AND TRCST COMPANY MAY ORGANIZE AND BEGIN BUSI- 
NESS. 

Be it enacted, etc., as follows: 
Time extended. Sectiox 1. The time witliiii which the P\-nchon Safe 
Deposit and Trust Company, incorporated by chapter 
one hundred and eighty-four of the acts of the year 
eighteen hundred and ninety-five, may organize and 
begin business is hereby extended to the first day of 
July in the year nineteen hundred. 

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

Approved April 1, 1899. 

ChCl7).2iS4r -^^ -^^'^ ^^ ESTABLISH THE SALARY OF THE ASSISTANT CLERK OF 

THE POLICE COURT OF LOWELL. 

Be it enacted, etc., as follows : 
Assistant clerk SECTION 1. The Salary of the assistant clerk of the 

or police ccurt . niiii i i 

of Lowell. police cpurt ot Liowell shall be twelve hundred dollars 
a year, to be so allowed from the first day of January 
in the year eighteen hundred and ninety-nine. 

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

Approced April 1, 1899. ■ 

(JJian.235 ^^ ^^'^ relative to the licensing of AUCTIONEERS. 

Be it enacted, etc., as folloivs : 

P. s. 67. § 1, Section one of chapter sixty-seven of the Public Stat- 

utes, as amended by chapter two hundred and eighty- 
nine of the acts of the year eighteen hundred and eighty- 
six, is hereby amended by striking out in the fourth line 
of said chapter two hundred and eighty-nine, the words 
"by writing under their hands", and also by striking 
out the last sentence of said chapter sixty-seven and in- 
serting in place thereof the following : — Such licenses 
shall be signed by the city or town clerk and recorded 
by him in a book kept for that purpose, — so as to read 
Licensing of as follows I — Sectioti 1. The mayor and aldermen or 
auctioneers. gelcctmen of any city or town may license one or more 
suitable persons who have resided in their respective 
cities and towns for a period of six months before appli- 
cation is made for such license, to be auctioneers within 
the same for the term of one year, and may receive to 



Acts, 1899. — Chaps. ^36, 237. 199 

the use of the city or town for each h'cense two dollars. 
Such licenses shall be signed by the city or town clerk 
and recorded by him in a book kept for that purpose. 

Approved April 1, 1899. 



Chaj).23(j 



loan. 



An Act relative to the sinking fund for the park indebted- 
ness OF THE CITY OF MALDEN. 

Be it enacted, etc., as foUozcs : 

Section 1. Section five of chapter one hundred and ameLdld^^' 
seventy-seven of the acts of the year eighteen hundred 
and ninety-nine is hereby amended by striking out the 
whole of said section and inserting in place thereof the 
following: — Section 5. Said city shall on issuing any Payment of 
of said bonds or certificates of indebtedness establish a 
sinking fund and apportion thereto from year to year an 
amount sufficient with its accumulations to extinguish the 
debt at maturity. In such apportionments, one one hun- 
dredth part of the amount of bonds or certificates of in- 
debtedness issued shall be set apart for said sinking fund 
in each of the first five years ; one seventy-fifth part in 
each of the second five years ; one fiftieth part in each 
of the third five years ; two seventy-fifth parts in each 
of the fourth five years ; and the remainder shall be 
equally divided in the last five years. Such sinking 
fund and its accumulations shall be used for no other 
purpose than the payment of such debt. Any premium 
realized in the sale of said bonds or certificates of in- 
debtedness shall be applied to the payment of the interest 
on said loan as it accrues. 

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

Appro ced April 5, 1899. 



CJiap.23', 



An Act relative to the tenure of office of the board of 
water commissioners in the city of quincy. 

Be it enacted, etc., as folloivs : 

Section 1. Whenever a system of water works is system of 
substantially completed and put in successful operation be"! rank's fL'r red" 
in the city of Quincy the board of water commissioners, o" pubiTcwo°rkr. 
upon written request of the mayor of said city, shall 
transfer said system of water works to the commissioner 
of })ublic works of said city, and thereupon the powers 
of said board of water commissioners shall cease and 



200 Acts, 1899. — Chaps. 238, 239. 

all of its powers shall be vested in, and all of its duties 
shall be imposed upon, said commissioner of public 
works. 
Repeal. Section 2. So much of chapter three hundred and 

seventy-three of the acts of the year eighteen hundred 
and ninety-two and of acts in amendment thereof as is 
inconsistent herewith is hereby repealed. 

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

Approved April 6, 1899. 

(JJiaV.^ioS -^^ ^^'^ RELATIVE TO COLLECTION AGENCIES. 

Be it enacted^ etc., as follows : 
Persons em- Auv pcrsou aud auv director or officer of any corpora- 

ployed as . "^ '^ .,,. ^ ii- 

collectors not tiou engaged in the business of a collection agency or 
and striking ' making collcctious from delinquent delators, who shall 
costumes, etc. gj^pj^y persous drcsscd in unusual and striking cos- 
tumes, calculated to attract public attention to their 
occupation, to call upon debtors for the purpose of de- 
manding payment of debts alleged to be due, and any 
person so employed who shall call at the house or place 
of business of any alleged debtor, wearing any such cos- 
tume, or a costume having an inscription calculated to 
attr^'t attention to the occupation of the person so at- 
tired, shall be punished by a liwe of not less than fifty 
nor more than live hundred dollars, or by imprisonment 
in jail for not less than three months nor more than three 
years. Approved April 6, 1899. 

Chaj)'^^^ An Act to provide for a normal school building in the 

CITY OV B03TON. 

Be it enacted, etc., as follows : 

fj usurbouds Section 1 . To pay the cost of constructing and furnish- 
etc. ing a normal school building in the city of Boston, and of 

taking land therefor, the treasurer of said city shall from 
time to tiniie, at 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 dol- 
lars, which shall not be reckoned in esthnating the legal 
debt limit of said city. The proceeds of said bonds shall 
be expended for the purpose aforesaid, in accordance with 
the provisions of chapter four hundred and eight of the 
acts of the year eighteen hundred and ninety-live. 

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

Ajyproved A^rnl 6, 1899. 



Acts, 1899. — Chap. 240. 201 

An Act to revise the chaktek of the city ok somerville. Qfin/n 940 
Be it enacted^ etc., as JbUoivs : 

TITLE I. MUNICIPAL GOVERNMENT. 

Section 1. The inhabitants of the city of Somerville cityofsomer- 
shull continue to be a municipal corporation, under the ^'"'*' 
name of the City of Somerville, and as such shall be 
subject to all general laws relating to such corporations 
not inconsistent witli the provisions of this act. 

Section 2. The administration of the fiscal, pruden- AdministratioQ 
tial and municipal aft'airs of said city shall be vested in affairs" etc.' 
an executive department, to consist of the mayor, and 
a legislative department, to consist of a single body to 
be called the board of aldermen. The executive depart- 
ment shall never exercise any legislative power, and the 
legislative department shall never exercise any executive 
power. 

Section 3. It shall be the duty of the city council in seven wards. 
joint convention, as soon as may be after the acceptance 
of this act, to divide said city into seven wards, contain- 
ing as nearly as possible and as may be consistent with 
well defined limits to each ward an equal number of male 
voters. In order that the new wards may conform to the 
present representative districts the present ward one shall 
constitute one Avard, and the present wards two, three 
and four shall each be divided into two wards. Imme- vouugpre- 
diately after such new division of the city into wards '='°'^'^*' ®"*- 
the board of aldermen shall divide such nerw wards into 
voting precincts, none of which shall contain more than 
one thousand registered male voters, and the mayor shall 
thereupon appoint, with the approval of the board of 
aldermen, election officers to serve therein. Action under 
this section shall not apply to the state election to be 
held the present year. 

title II. elections and meetings. 

Section 4. Except as herein otherwise provided all ^i^'jlfol'g®''^" °^ 
elections for national, state, county, district and munic- 
ipal officers, and for any other municipal purposes, shall 
be called and conducted according to the provisions of 
the general laws of the Commonwealth : provided, how- Proviso. 
ever, that all nominations, other than by nomination 
papers, of candidates for aldermen to be voted for under 



202 



Acts, 1899. — Chap. 240. 



Municipal •lec- 
tion ana munic- 
ipal year. 



Certain officers 
to be elected by 
ballot. 



Vasancies, etc. 



General meet- 
ings of qualitied 
voters. 



this act, shall be made by caucuses held in the several 
wards in which such candidates respectively reside. 

Section 5. The annual municipal election shall take 
place on the second Tuesday of December and the mu- 
nicipal year shall begin on the first Monday of January 
following. 

Section 6. At such municipal election the qualified 
voters shall give in their votes b}" ballot for a mayor and 
members of the board of aldermen and of the school 
committee, or for such of them as are to be elected. 
The person receiving the highest number of votes for 
any ofiice 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 and 
including the number required to be chosen, receiving 
the highest number of votes shall be deemed and de- 
clared to be elected. 

Section 7. If there is no choice of mayor, or if the 
person elected mayor shall refuse to accept the office, or 
shall die before qualifying, or if a vacancy in said office 
shall occur within the first nine months of the municipal 
year, the ])oard of aldermen shall forthwith order a 
special election, and the same proceedings shall be had 
in all respects as are hereinbefore provided for the elec- 
tion of a mayor, and shall be repeated until the election 
of a mayor is completed. But if such vacancy in the 
office of mayor shall occur within the last three months 
of the municipal year it shall be filled by the board of 
aldermen by a majority vote of all its members. 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 within the first six months of the municipal 
year, the vacant office shall be filled by an election by 
the voters of the city in the case of an alderman at large, 
or by an election by the voters of the ward entitled to 
such representative in the case of a ward alderman. But 
if such vacancy shall occur within the last six months of 
the municipal year it shall l)e filled by the board of alder- 
men b}^ a majority vote of all its members. The person 
elected to fill such vacancy shall be chosen from the ward 
in which the vacancy occurs. 

Section 8. General meetings of the citizens qualified 
to vote may from time to time be held, according to the 
light secured by the constitution of the Commonwealth, 



Acts, 1809. — Chap. '2i0. 203 

and all such meetings may, and upon the request in writ- 
ing of fifty qualified voters setting forth the purposes 
thereof, shall be called by the board of aldermen. 

Section 9. When, in the opinion of the board of brhew^V"''^ 
aldermen, no convenient room for holding a caucus of adjacent ward. 
the voters of any ward can be had within the territorial 
limits of such ward the board may provide for such cau- 
cus a convenient polling i)lace within the limits of an 
adjacent ward ; and for the purposes of such caucus the 
polling place so provided shall be deemed and taken to 
be a part of the ward for which the caucus is held. 

TITLE III. LEGISLATIVE DEPARTMENT. 

Section 10. The board of aldermen shall be composed Board of aider- 
of twenty-one members, three members from each ward, ten»s, etc. 
to be elected as follows : — Seven aldermen at large, one 
being selected from each ward, shall annually be elected 
by the qualified voters of the city at large, voting in their 
respective wards, and two aldermen shall at the same time 
be elected by and from the qualified voters of each ward,. 
The members of the board of aldermen shall hold office 
for the municipal year next following their election, or, 
if elected after the first Monday in January, for the re- 
mainder of the municipal year and until a majority of 
the new board shall be elected and qualifieda^in their 
stead. 

Section 11. The board of aldermen shall be the judge to be judge of 
of the election and qualifications of its members, and shall quautt"atk)U3 
from time to time make rules for its proceedings, ^ onts members, 
majority of the members of the board shall constitute a 
quorum for the transaction of business, but a less num- 
ber may meet and adjourn from time to time. 

Section 12. The mayor elect and aldermen elect shall oath of office 

•^ or riiayor and 

annually on the first Monday of January, at ten o'clock aldermen, 
in the forenoon, meet and be sworn to the faithful per- 
formance of their duties. The oath shall be administered 
by the city clerk or by any justice of the peace, and shall 
be duly certified on the journal of the board of aldermen. 
At any time thereafter the oath may be administered to 
the mayor elect or to any alderman elect who was absent 
or was not then elected. 

Section 13. After a majority of the aldermen elect organieaUen 
have been sworn the mayor, or in his absence the oldest aWermen, etc. 
in age of the members present, shall call the board of 



904 



Acts, 1899. — Chap. 240. 



City clerk, 
treasurer, etc., 
election, terra, 
etc. 



Ordinances, 
orders, etc. 



aldermen together, and shall preside until a president is 
elected, who shall thereafter preside over the board. A 
vice president shall be elected, who shall preside in the 
absence of the president. At any meeting of the board, 
in the absence of the president and vice president, the 
oldest in age of the members present shall preside until 
a president pro tempore is elected. The city clerk shall 
be clerk of the board of aldermen. 

Section 14. The board of aldermen, as soon as may 
be after the election and qualification of a majority of its 
members, shall elect a city clerk, a city treasurer, who 
shall be collector of taxes, a city auditor, and a city 
messenger, who shall hold their respective offices for 
the term of one year or the remainder thereof, begin- 
ning on the first Monday of January in the year of their 
election, and until their respective successors are elected 
and qualified, unless sooner removed by vote of a majority 
of all the members of the board, taken by ballot. 

Section 15. Any ordinance, order or resolution of 
the board of aldermen may be passed through all its 
stages of legislation at one session, provided that no 
member of said board objects thereto ; Imt if one or 
more members object the measure shall be postponed 
for that meeting ; and if when it is next brought up five 
or more members object to its passage at that meeting 
a second postponement of at least one week shall take 
place. 

Section 16. Every ordinance, order, resolution or 
bepie7ente'd\o votc of the board of aldermen, except such as relates 
prova'uet'cT to its owu internal aftairs, shall be presented to the 
mayor. If he approves thereof he shall signify his ap- 
proval by signing the same, but if not he shall return 
the same with his objections to the board of aldermen, 
which shall enter the objections of the mayor at length 
upon its records and proceed to reconsider said ordinance, 
order, resolution or vote, and if after such reconsidera- 
tion two thirds of all the members of the board vote to 
pass the same it shall be in force. In all such cases the 
vote shall be taken by yeas and nays. If such ordinance, 
order, resolution or vote shall not be returned within ten 
days after it has been presented to the mayor the same 
shall l)e in force. lie may except from his apj)roval of 
any ordinance, order, resolution or vote which he has 
the power to veto any part involving a distinct item of 



Certain ordi 
nances, etc 



Acts, 1899. — Chap. 240. 205 

appropriation or expenditure, and in .such case only tlie 
part so excepted sliall be reconsidered in the manner and 
with tlie efl'ect above provided. The veto power of the 
mayor shall niot extend to elections. 

Section 17. The ])oard of aldermen shall, except as Board of aider- 

,■1 . • 1 1 1 • 1 1 • men, powers, 

IS otherwise provided herein, have and exercise : — duties, etc. 

1. All the powers, authorities and duties of towns, 
of boards of aldermen, and of the mayor and aldermen 
and city councils and common councils of cities under 
general laws, provided that all appointments required by 
law to be made by the mayor and aldermen shall be made 
by the mayor, subject to confirmation by the board of 
aldermen. 

2. The powers, authorities and duties now held by 
the city of Somerville, or by the city council, or by 
the common council, or by the board of aldermen or 
board of mayor and aldermen, of Somerville, by special 
laws. 

3. Subject to the veto power of the mayor as herein- 
before provided, the exclusive power, without appeal 
from its decision, to lay out, locate anew, alter, widen 
and discontinue town Avays and streets and to order 
specific repairs or a change of grade therein ; to order 
the construction of sidewalks and of sewers, and to take 
land therefor. Damages to property sustained by reason 
of any act done under the provisions of this section by 
the said board shall be assessed and awarded by the said 
board ; and any person aggrieved by the assessment of 
his damages may have the remedies provided by general 
law in the case of town ways. But no town way or 
street shall be laid out, located anew, changed as to 
grade or otherwise, widened or discontinued, until a 
public hearing has been had, after notice given in ac- 
cordance with the general laws relating to town ways. 
Said hearing may be adjourned from time to time. 

4. The power to make ordinances and affix penalties 
for the violation thereof, not exceeding twenty dollars 
for each offence, for all purposes for which towns and 
cities may make by-laws and ordinances under general 
laws. All such ordinances shall take effect without other 
sanction or approval than is provided in this act. 

Section 18. On or before the thirtieth day of April fJPP/„X|,''/^°"'' 
in each year the board of aldermen shall appropriate the etc. 
amount necessary to meet the expenditures of the city 



206 



Acts, 1899. — Chap. 240. 



fx^pM°ciiurreBr' **^^' *^^ current municipal year, and provide the ways 
etc. ' and means for raisinf^ the same. It shall take care that 

no money l)e paid from the treasury unless the same is 
granted or appropriated, and shall require bonds with 
sufficient penalties and sureties from all persons en- 
trusted with the receipt, custody or disbursement of 
money. All votes of the board of aldermen making 
appropriations of money shall show the specific objects 
for which the appropriations are made. The board of 
aklermen may appropriate money from time to time in 
aid of the Somerville Hospital, and in return for such 
appropriation may arrange for the care of such city 
patients as can l)e received at the hospital ; but such 
appropriations shall not exceed in any one year a sum 
amounting to one one hundredth of one per cent of the 
assessed valuation of the taxable property of the city 
for the preceding year. 

Section 19. The board of aldermen shall have power 
to establish by ordinance fire limits within the city, and 
from time to time to change or enlarge the same, to reg- 
ulate the construction of all buildings erected within said 
fire limits, determining their size, situation, and the mate- 
rial of which they shall be constructed, and to make such 
other rules and regulations as shall tend to prevent dam- 
age by fire : provided^ that such rules and regulations 
shall not be inconsistent with the laws of the Common- 
wealth. 



Board of aliler- 
men may est.ab 
lish lire limits, 
etc. 



Proviso. 



TITLE IV. EXECUTIVE DEPARTMENT. 



Execiitrive 
powers vested 
in mayor, etc. 



vSection 20. The executive powers of the city shall 
be vested solely in the mayor, and may be exercised by 
him either personally or through the several officers and 
boards in their respective departments, under his general 
supervision and control. In case of a vacancy in any 
office to which appointment is made by the mayor he 
may personally perform the duties thereof, but he shall 
not be entitled to receive any salary or pay attached 
thereto. The mayor shall hold office for the municipal 
year beginning with the first Monday in January follow- 
ing his election, unless sooner removed, and until his 
successor is elected and qualified : provided, that if 
elected to fill an existing vacancy he shall hold office 
only for the remainder of the unexpired term. 

Section 21. The mayor shall have the power to ap- 
be appointed by point, subjcct to Confirmation by the board of aldermen, 



Term of office 
of mayor. 



Proviso. 



Certain officers 
and boards to 



Acts, 1899. — Chap. 240. 207 

the following officers and boards, to serve, except as 
herein otherwise provided, for one year and until the 
appointment and qualification of their successors : — A 
chief of police and all other officers and members of the 
police department ; a chief engineer and all other officers 
and members of the fire department ; a city solicitor ; a 
city physician ; a board of assessors ; a board of over- 
seers of the poor ; a board of health ; a board of trustees 
of the public library ; a city engineer ; a commissioner 
of streets ; a commissioner of public buildings ; a com- 
missioner of electric lines and lights ; a water commis- 
sioner ; one or more measurers of wood and bark ; two n 
or more field drivers ; two or more fence viewers ; one 
pound keeper for each pound in the city ; such number 
of constables and special police officers as may be deemed 
advisable ; and all other officers and boards of the city 
whose election or appointment is not otherwise provided 
for in this act. The officers and members of the police Police and fire 
and fire departments shall hold their respective offices ?e'i™'of'office of 
during the pleasure of the mayor and board of aldermen "u'^mbers"'^ 
and until removed by them in the same manner in which 
they are appointed, or until their offices or places are 
otherwise vacated. Nothing in this section shall be con- 1895,197, not 
strued to conflict with the provisions of chapter one hun- *^^*='^'^' 
dred and ninety-seven of the acts of the year eighteen 
hundred and ninety-five, entitled "An Act to provide 
for the appointment of a reserve police force in the city 
of Somerville." 

Section 22. The mayor may at any time appoint a Mayor may 

• . 1 I , • •,i , , . appoint persons 

suitable person or persons to examme, without notice, to examine 
the books and accounts of any department, officer or acco^uVts!* 
employee of the city. 

Section 23. The mayor may in writing suspend any May suspend 

,. /T> J 1. i_ 11 J. ^ 1 • j_' certain otticers, 

executive officer, and he shall at once report his action etc. 
and his reason therefor to the board of aldermen. The 
suspension of any such officer shall, unless previously 
revoked by the mayor, be a removal at the expiration 
of fifteen days after said report is made, unless within 
that time such officer asks for a hearing before the board, 
which hearing shall forthwith be granted. If within one 
week after the conclusion of such hearing the board, by 
a two thirds vote, shall set aside the suspension, the 
officer shall thereby be reinstated ; otherwise the sus- 
pension shall constitute a final dismissal from office. 



208 



Acts, 1899. — Chap. 240. 



May call upeoial 
meetings of 
board of 
aldermen, etc. 



T^ cause laws, 
ordinances, 
etc., to be en- 
forced, etc. 



To have sole 
power to sign, 
execute, etc., 
deeds, leases, 
etc. 



By whom duties 
may be per- 
formed in case 
of inability of 
mayor to act. 



Section 24. The mayor shall communicate to the 
board of aldermen such information and shall recom- 
mend such measures as in his judgment the interests of 
the city require. He may at any time call a special meet- 
ing of the board of aldermen, upon such notification as 
he may deem sufficient, and other special meetings of 
said l)oard may l>e called at such times and in such man- 
ner as may be prescribed by the rules of said l)oard. 

Section 25. The mayor shall cause the laws, ordi- 
nances and orders for the government of the city to be 
enforced, and shall cause a record of all his official acts 
to be kept, and for that purpose and to aid him in his 
ofiicial duties he may appoint a secretary and define his 
duties ; and, subject to the approval of the board of 
aldermen, shall fi.K the salary of the secretary. The 
salary of the mayor shall not be changed during his 
term of ofiice. 

Section 26. The mayor shall have the sole power to 
sign, seal, execute and deliver in behalf of the city, deeds 
and leases of land sold or leased by the city, and other 
deeds, agreements, contracts, leases, indentures and as- 
surances on behalf of the city. All contracts made oh 
behalf of the city in which the amount involved exceeds 
three hundred dollars shall be invalid, unless signed by 
the mayor. 

Section 27. In case of the inability of the mayor 
from absence or any other cause to })erform the duties 
of his ofiice the president of the board of aldermen shall, 
until such inability is removed, exercise the powers and 
perform the duties of mayor, under the style of acting 
mayor, except that he shall not, unless authorized thereto 
in a special instance by the board of aldermen, and then 
only in case of exigency requiring an immediate appoint- 
ment or removal, make any permanent appointment or 
removal, and shall not, unless such inability of the mayor 
has contjnued at least ten days, or unless the office of 
mayor has become vacant, have power to approve or dis- 
approve any ordinance, order, resolution or vote of the 
board of aldermen. In case of such inability on the 
part of the president of the board of aldermen his powers 
and duties hereunder shall devolve upon the vice presi- 
dent of that board, and in case of such inability on the 
part of both the president and vice president such powers 
and duties shall devolve upon the president pro tempore 
of said board. 



Acts, 1899. — Chap. 240. 209 



TITLE V. SCHOOL DEPARTMENT. 

Section 2S. The maiuigenient and control of the school commit. 
public schools shall be vested in a school committee, torm''s^eti?"' 
which shall exercise the powers conferred, and discharge 
the duties imposed by law upon school committees. The 
committee shall consist of fourteen members, two from 
each ward, elected as follows: — At the first municipal 
election held under this charter two members of the 
school committee shall be elected by and from the qual- 
ified voters of each ward, one to serve for the term of 
two years and one to serve for the term of one year, 
beginning on the first Monday of January next ensuing, 
and thereafter one member from each ward shall l)e 
elected in like manner at each annual municipal elec- 
tion, to serve for the term of tw^o years. Vacancies vacancies. 
occurring in the school committee shall be filled by a 
joint ballot of the board of aldermen and the school 
committee, the member so elected to be a resident of 
the ward entitled to the new member, and to hold office 
only for the remainder of the municipal year, the vacancy 
for the remainder of the term, if any, to be filled by the 
voters of said ward at the next municipal election. 

Section 29. The school committee shall meet on the orgauization. 
first Monday of January in each year and organize by 
the election by ballot of one of its members as chairman. 
The oldest in age of the members present shall preside 
at all meetings until a chairman is elected. 

Section 30. The school committee shall be the judge To make rules 
of the election and qualifications of its members, and lugs^bejudg^e 
shall from time to time make rules for its proceedings. etc?!ont8"m6m- 
A majority of all the members of the committee shall ^era.etc. 
constitute a quorum for the transaction of business, but 
a less number ma}' meet and adjourn from time to time. 
It shall annually appoint a superintendent of schools, 
w^ho shall also be its secretary but who shall not be one 
of its members. 



TITLE VI. administrative OFFICERS, THEIR POWERS AND 

DUTIES. 

Section 31. The city clerk shall have charge of all citycierk, 

uUtl66 etc* 

journals, records and documents of the board of alder- 
men, and attest all warrants. He shall be clerk of the 
board of aldermen and shall keep a journal of all votes 



210 



Acts, 1899. — Chap. 240. 



Citv treasurer 
nud collector of 
taxes, duties, 
etc. 



City auditor, 
duties. 



City solicitor, 
duties. 



City physician, 
duties. 



Assessors, 
appointment, 
duties, etc. 



Vacancies, etc. 



and })roceeclmgs. He shall perform such other duties as 
may be prescribed by the board of aldermen, and he shall 
perform all the duties and exercise all the powers assigned 
by law to city clerks or town clerks, so far as such laws 
can apply to said city. In his absence a clerk of the 
board of aldermen pro tempore shall be chosen, who 
shall be sworn to the faithful performance of his duties. 

Section 32. The city treasurer and collector of taxes 
shall collect all moneys due the city, except license fees 
or other moneys the collection of which is otherwise pro- 
vided for by law. He shall have the custody of and pay 
out all moneys, and cause an accurate account of the same 
to be kept in proper bookkeeping form, and shall perform 
such other duties as the ordinances prescribe ; he shall 
also perform all the duties and exercise all the powers 
assigned by law to city treasurers and collectors of taxes, 
or town treasurers and collectors of taxes, so far as such 
laws can apply to said city. 

Section 33. The city auditor shall perform such 
duties as the ordinances prescribe. 

Section 34. The city solicitor shall perform such 
duties as the ordinances prescribe. 

Section 35. The city physician shall perform such 
duties as the law and ordinances prescribe. 

Section 3G. As soon after the organization of the 
city government under this act as may be convenient 
the mayor shall appoint, subject to confirmation by the 
board of aldermen, five persons to be assessors of taxes, 
to serve, two for three years, two for two years and one 
for one year, and thereafter the mayor shall annually as 
soon after the organization of the government as may be 
convenient appoint in the same manner a person or per- 
sons for a term of three years, to succeed those whose 
respective terms of office shall have expired. The per- 
sons appointed shall constitute the board of assessors, 
and shall exercise the powers and be subject to the lia- 
bilities and duties prescri])ed by the general laws of the 
Commonwealth and the ordinances of the city. A^acan- 
cies occurring in the board of assessors may be filled in 
the same manner, but only for the unexpired term. One 
member of the board of assessors shall be designated 
annually by the mayor, without confirmation, as chair- 
man of said board. He shall devote his whole time to 
the duties of the office and shall have general supervision 



Acts, 1899. — Chap. 240. 211 

and control of all niattor.s appertaining to his (l(>[»artnicnt 
not expressly provided for by law. lie shall select and 
appoint all assistant assessors and clerks. 

Section 37. As soon after the organization of the overseers of 
government as practicable the mayor shall appoint, sub- poln't^ent^etc 
ject to confirmation by the board of aldermen, three per- 
sons, Avho shall constitute the board of overseers of the 
poor, to serve, one for one year, one for two years and 
one for three years, and thereafter one each year to serve 
for the term of three years. Vacancies occurring in the vacauoiis, etc. 
board may be tilled in the same manner, but only for the 
unexpired term. The overseers of the poor shall i)er- 
form such duties as are prescribed by law and ordinance. 

Section 38. As soon after the organization of the Board of health, 
government as practicable the mayor shall appoint, sub- '^pp'"°''™®°*> 
ject to confirmation by the board of aldermen, three per- 
sons, who shall constitute the board of health, to serve, 
two for one year and one for two years, and each year 
thereafter one to serve for the term of one year and one 
for the term of two years. Vacancies occurring in the vacancies, etc. 
board may be tilled in the same manner, but only for the 
unexpired term. At least one member of the board shall 
be a doctor of medicine. The board of health shall have May appoint 

i • J. 1 J. ^1 iaspectors, etc. 

power to appomt and to remove at pleasure, one or more 
inspectors of milk and vinegar, and one or more inspectors 
of animals and provisions, who shall have all the powers 
and perform all the duties prescribed by law for such 
officers. Said board may make rules, not inconsistent 
Avith law, to govern the action of said inspectors. The 
board of health shall perform such duties as are pre- 
scribed by law and ordinance. 

Section 39. The board of trustees of the public Trustees of 
library shall consist of nine members, to be appointed appointmeutf' 
b}^ the mayor, suliject to confirmation by the board of '^'"' 
aldermen. As soon after the organization of the city 
government under this charter as may be convenient the 
mayor shall appoint three trustees to serve for the term 
of one year, three for the term of two years and three 
for the term of three years, and each year thereafter the 
mayor shall appoint three trustees to serve for the term 
of three years. Vacancies occurring in the board ma}^ vacancies, etc. 
be filled in the same manner, but only for the unexpired 
term. Said tnistees shall have the care and management 
of the public library. 



212 Acts, 1899. — Chap. 240. 

workl"^ i'"'^^*'^ Section 40. There shall l)e a board of pul)Hc Avorks, 
consisting of the mayor, who shall be its chairman, the 
city engineer, the street commissioner, the commissioner 
of public buildings, the commissioner of electric lines 
and lights, and the water commissioner. Said board 
shall meet for consultation at regular stated times and 
upon such other occasions as the mayor may deem 
expedient. 

Public works. Section 41. The public works of the city shall com- 
prise the following departments : — 

dep^ilrumnt" First. The engineering department, including sewers 

and public parks and grounds. This department shall 
be under the control of the city engineer, who shall have 
charge of the construction, alteration, repair and care 
of main drains and common sewers, the care, superin- 
tendence and management of the public grounds and 
parks, and the care of shade and ornamental trees 
therein, and shall also make and have the custody of 
all plans, surveys, measurements and levels appertain- 
ing to pu])lic ways, drains, sewers, water works or 
lands. He shall perform such other duties as the board 
of aldermen may prescribe, and shall give his whole 
time to the city. 

ment^ '^''''''"''" Sccoud. The street department. This department 
shall be under the control of the street commissioner, 
who shall have charge of the construction, alteration, 
repair, maintenance and management of ways, streets, 
sidewalks and bridges, and of street watering; he shall 
have the powers and discharge the duties of surveyors 
of highways, and perform such other duties as the board 
of aldermen may direct. 

d^partQieilt""^" Third. The public ])uildings department. This de- 
partment shall be under the control of the commissioner 
of public buildings, who shall have charge of the con- 
struction, alteration, repair, maintenance and care of 
public buildings, and shall also be the inspector of 
buildings. 

Electric lines Fourth. The clcctric lines and liirhts department. 

ana lightK de- _,^, .- iiii t i 'ifi 

partmeut. Ihis department shall be under the control oi the com- 

missioner of electric lines and lights, who shall have 
charge, so far as the rights of the city extend, of the 
fire alarm and police signal systems, and of all elec- 
tric light, power, telephone, telegraph and trolley wires 
and poles, of all gas pipes, and of all lights in the streets 
and public grounds of the city. 



Acts, 1899. — Chap. 240. 213 

Fifth. The water department. This department shall water depart- 
be under the control of the water commissioner, who 
shall have charge of the construction, extension, altera- 
tion, repair, care and management of the water works, 
and shall exercise all the powers and rights conferred 
and perform all the duties imposed by law upon the 
present board of water commissioners of the city of 
Somerville, but shall not expend in any year, either from 
the income received from the water works under his 
charge or otherwise, more than the amount appropriated 
by the board of aldermen therefor. 

Section 42. The street commissioner may require Digging up of 
that no person or corporation, other than an officer or sidewalk"*! 
agent of the city, authorized by the board of aldermen 
to dig up any })ublic street or sidewalk in said city shall 
begin such digging before furnishing to said commissioner 
security satisfactory to him to restore such street or side- 
walk to its former condition. 

Section 43. The heads of the departments mentioned Purchases by 
in this act shall severally make all purchases for their re- iife'*nt8.° ^^^^^' 
spective de])artments, but no purchase exceeding three 
hundred dollars in amount shall be made without the pre- 
vious api)roval of the mayor in writing. The powers of 
the school committee shall not be afi'ected by this section. 

Section 44. The several administrative boards and Administrative 
officers named in this title having charge of departments marappoint 
shall, subject to the approval of the mayor, appoint, em- del-ksrete!^^ 
ploy and discharge, at pleasure, all subordinate officers, 
clerks, assistants and laborers in their respective depart- 
ments, and shall have the immediate direction and con- 
trol of all executive and administrative business therein. 
They shall at all times be accountable to the mayor for 
the proper discharge of their duties. 

Section 45. All officers required liy this act or by Appointment 
general law to be appointed by the mayor, or by the officera'/etc. 
mayor and aldermen, shall be appointed as soon as prac- 
ticable after the mayor and a majority of the aldermen 
have been qualified, and shall, unless sooner removed, 
hold their respective offices for the length of time pre- 
scribed by law, or the portion thereof then remaining, 
beginning on the first Monday in January of the year 
in which they are respectively appointed, and until their 
respective successors are appointed and qualified. This 
section shall not apply to the ap|)()intment of election 
officers. 



214 



Acts, 1899. — Chap. 240. 



Estimates of 
expenses, etc. 



OfBcers to give 
certain infor- 
mation upon 
request. 



Sums appropri- 
ated for a 
specific pur- 
pose not to be 
expended for 
any other pur- 
pose, etc. 



Not to take part 
in the eniploy- 
iiicnt of labor, 
inaliint; of con- 
tracts, etc. 



TITLE VII. GENERAL PKOVISIONS. 

Section 46. The heads of departments and all other 
officers and boards whose duties involve the expenditure 
of ])u1>lic money shall annually in the month of January 
or February present to the mayor an itemized estimate 
of the money required for their respective de})artnients 
or offices during the current financial year, who shall ex- 
amine and submit the same, with his recommendations 
for appropriations, to the l)oard of aldermen during the 
month of February or March. 

Section 47. Every administrative board, through its 
chairman, and every officer having charge of a depart- 
ment, shall, at the request of the board of aldermen, 
appear before it and give such information as it may 
require in relation to any matter, act or thing connected 
with the discharge of the duties of such board or officer ; 
and when so requested to appear the officer who appears 
shall have the right to speak upon all matters then under 
consideration relating to his department. 

Section 48. No sum appropriated for a specific pur- 
pose shall be expended for any other purpose, unless by 
authority of the board of aldermen iirst obtained ; and 
no expenditure shall be made and no liability incurred 
by or in behalf of the city until the board of aldermen 
has duly voted an appropriation sufficient to meet such 
expenditure or liability, except that after the expiration 
of the financial year and before the making of the regular 
annual appropriations liabilities payable out of a regular 
annual appropriation may be incurred or payments made 
to an amount not exceeding one fourth of the total ap- 
propriation made for similar purposes in the preceding 
year. 

Section 49. Xo member of a committee of the board 
of aldermen shall directly or indirectly take part in the 
employment of labor, the expenditure of public money, 
the making of contracts, the purchase of materials or 
supplies, the construction, alteration or repair of any 
public works or other property, or in the care, custody 
or management of the same, or in the conduct of the 
executive or administrative business of the city. No 
member of the executive or legislative department shall 
appear as counsel before any officer or board of the 
citv. 



Acts, 1899. — Chap. 240. 215 

Section 50. Every person who is elected and every Persons elected 
person who is appointed by the mayor or by the mayor n'-c''ehx°c"nfti° 
and board of aldermen to an office shall receive a certiti- '"^^^' ®'''" 
cate of such election or appointment from the city clerk, 
and, except as otherwise provided by hiw, before perform- 
ing any act under his election or appointment, shall take 
and subscribe an oath (^lualifying him to enter upon his 
duties. A record of such oath shall be made by the city 
clerk. Any oath required by this act may be administered 
by the mayor, the city clerk, or any officer authorized by 
law to administer oaths. 

Section 51. The existing ordinances and regulations certain 
of the city of Somerville, so far as they are not incon- fo cmuiuue fa"'' 
sistent with this act, shall continue in force until amended ^°'''^®" 
or repealed. 

Section 52. Nothing herein shall ati'ect the enforce- civu service, 
ment of the provisions of chapter three hundred and 
twenty of the acts of the year eighteen hundred and 
eighty-four, entitled "An Act to improve the civil ser- 
vice of the Commonwealth and the cities thereof", or of 
an}' acts in amendment thereof or in addition thereto, or 
of the rules made by the commissioners appointed there- 
under, and the board of aldermen shall make sufficient 
appropriations for the carrying out and enforcement of 
said acts and rules in said city. 

Section 53. All acts and parts of acts inconsistent Repoai.ete. 
with this act are hereby repealed, but the passage of this 
act shall not aft'ect any right accruing or accrued, or any 
suit, prosecution or other legal proceeding pending at the 
time when it shall take eifect by acceptance, as herein pro- 
vided, and no penalty or forfeiture previously incurred 
shall be affected thereby. All persons holding office in 
said city at the time when this act is accepted shall con- 
tinue to hold such office until the organization of the city 
government hereb}' authorized shall 1)e effected and until 
their successors shall be chosen and qualified. No act 
which has been repealed shall be revived by the repeal 
of acts mentioned in this section. 

Section 54. This act shall be submitted to the qualified ^ugX*'"^' "^ 
male voters of the city of Somerville for acceptance at a acceptance. 
special election to be called by the board of aldermen and 
held on the fourth Tuesday of September in the 3^ear eight- 
een hundred and ninety-nine. The vote shall be taken by 
ballot in answer to the following question: — "Shall an 



216 Acts, 1899. — Chap. 241. 

act passed by the general court in the year eighteen hun- 
dred and ninety-nine, entitled ' An Act to revise the 
charter of the city of Somerville', be accepted?" 
When to take SECTION 55. So much of this act as directs the sub- 
mission of the question of its acceptance to the qualified 
voters of said city shall take efl'ect upon its passage ; so 
much hereof as relates to elections hereunder shall apply 
to the annual municipal election which shall be held on 
the second Tuesday of December in the year eighteen 
hundred and ninety-nine if the larger number of votes 
upon the question of its acceptance be in the affirmative ; 
and if so accepted this act shall take full eil'ect on the 
first Monday of January next ensuing. 

^pp?-oved A})ril 10, 1899. 

Chapj24:\ -^^ ^'^'^ RELATIVE TO THE EXPENSES INCURRED UNDER THE ACT 
TO PROVIDE FOR A SYSTEM OF SEWAGE DISPOSAL FOR THE 
NEPONSET RIVER VALLEY. 

Be it enacted, etc., asfolloivs: 

tickle" ago Loan. SECTION 1. To mcct the cxpenscs incurred under the 
provisions of chapter four hundred and six of the acts 
of 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 twenty-five thousand 
dollars, for a term not exceeding thirty-seven years. 
Said scrip or certificates of debt shall be issued as reg- 
istered bonds or as bonds with interest coupons attached, 
and shall bear interest at a rate not exceeding four per 
cent per annum, payable on the first days of ^larch and 
September in each year. Said interest and scrip or cer- 
tificates shall be payable, and when due shall be paid, in 
gold coin or its equivalent. Said scrip or certificates of 
debt shall be designated on their face as the ]\Ietropolitan 
Sewerage Loan, shall be countersigned l)y the governor, 
and shall be deemed a pledge of the faith and credit 
of the Commonwealth, redeemal)le at the time specified 
therein in gold coin or its equivalent, and shall be sold 
and disposed of at public auction or in such other mode 
and at such times and prices and in such amounts and at 
such rate of interest, not exceeding four per cent per 
annum, as the governor and council shall deem for the 



Acts, 1899. — Chap. 241. 217 

best interests of the Commonwealth. Any scrip or cer- Tobeanackn. 
tiiicates of debt issued under the provisions of this act of loan author. 
shall be considered as an addition to and shall become a ^oe'^'tc/^^"' 
part of the loan authorized by said chapter four hundred 
and six ; and the sinking fund established under the pro- 
visions of chapter four hundred and thirty-nine of the 
acts of the year eii>hteen hundred and eighty-nine and 
of acts in addition thereto 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 Payment of 
treasurer and receiver general shall from year to year, ^ " 
beginning with the year eighteen hundred and ninety- 
nine, apportion to said sinking fund an amount sufficient 
with its accumulations to extinguish the debt at maturity, 
and in making the assessment for the increase of said 
sinking fund upon the several cities and towns liable 
thereto one lifty-sixth part of the whole amount shall be 
assessed in each of the first seven years, beginning with 
the year eighteen hundred and ninety-nine ; one sixtieth 
part in each of the next ten years, beginning with the 
year nineteen hundred and six ; one thirtieth part in each 
of the next ten years, beginning w'ith the year nineteen 
hundred and sixteen ; and the remainder shall be equally 
distributed in the remaining years, beginning with the 
year nineteen hundred and twenty-six. 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. 

Section 2. Each of the cities and towns hereinafter Proportion to 
named shall in the years eighteen hundred and ninety- cuy and town/ 
nine and nineteen hundred, pay money into the treasury 
of the Commonwealth to meet the interest and sinking- 
fund requirements for each of said years, as estimated by 
said treasurer, in the following proportions, to wit : — 
Boston, twenty-three and twenty-eight one hundredths per 
cent ; Dedham, thirteen and fifty-two one hundredths per 
cent ; Hyde Park, eighteen and thirteen one hundredths 
percent; Milton, forty-five and seven one hundredths 
per cent, said percentages being the same reported to 
the supreme judicial court by the apportionment commis- 
sioners in the year eighteen hundred and ninety-six, and 
accepted by said court. 

Section 3. The supreme judicial court sitting in equity Appointment of 
shall on the application of the board of meiropolitan sew- [o""'" 



commissioners 
riiiine 



218 Acts, 1899. — Chap. 241. 

be^pa^id by cHies ^rage commlssioners, after notice to each of the cities and 
and towns, etc. towDs mentioned in this act, appoint three commissioners, 
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 equi- 
table, determine for said system the proportion in which 
each of the cities and towns herein named shall annually 
pay money into the treasury of the Connnonwealth for 
the term of five years next following the year nineteen 
hundred, to meet the interest and sinking fund require- 
ments for the said five years, as estimated by said treas- 
urer, 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 l)e binding on all parties. 
U)°ire™ppo°inted Sectiov 4. Beforc the expiration of said term of five 
every five years, years and cvcry fivc ycars thereafter, other commissioners, 
who shall not be residents of any of the cities or towns 
mentioned in this act, shall be appointed as aforesaid, 
upon application of said board as aforesaid, who shall in 
such manner as they deem just and equitable determine 
the proportion in which each of said cities and towns in 
said system shall annually pay money into the treasury 
of the Commonwealth as aforesaid for the next succeed- 
ing 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 ad- 
judication of all matters herein referred to said commis- 
sioners, and shall be binding on all parties. 
Amoiintsre- Sectiox 5. The amount of monev required each year 

quired each , ,,',.^ *^, 

year from cities troui cach citv and towu named m this act, to meet the 

and towns to be . , . i • i • f -i • , i j <• • » 

estimated by lutercst and smkmg lund requirements and cost atoresaid 
for each year, and the deficiency, if any, shall be esti- 
mated by said treasurer in accordance with the proportion 
determined as aforesaid, and shall l)e included in and made 
a part of the sum charged to such city or town, and be 
assessed upon it in addition to its annual state tax, and 
at the same time when that tax is assessed ; and said treas- 
urer shall in each year notify every such city and town 
of the amount of such assessment, which amount shall 
be paid by the city or town into the treasury of the Com- 
monwealth at the time required for the payment of its 
state tax. 



treasurer, etc. 



of comraia- 
siouera. 



Acts, 1899. — Chaps. 242, 243. 219 

Section 6. The supreme judicial court shall have jur- Enforcement of 
isdiction in equity to enforce the provisions of this act, compen°auon 
and shall iix and determine the compensation of all com- 
missioners appointed by said court under the provisions 
hereof. 

Section 7. This act shall take etl'ect upon its passage. 

Approved April 10, 1899. 



An Act giving the superior court jurisdiction for prevent- (7^ar>.242 

ING unlawful blasting. 

Be it enacted, etc., as follows: 

Section 1. The superior court shall have jurisdiction Enforcement of 
in equity to enforce the laws of the Commonwealth, and th-IVbUstLg. 
the ordinances and by-laws of the cities and towns therein, 
relating to the blasting of rock, stone or any other sub- 
stance with gunpowder, dynamite or any other explosive 
material, and in term time or vacation may by injunction 
or other suitable process restrain any person or corpora- 
tion from violating the provisions of such laws, ordinances 
or by-laws. 

Section 2. Proceedings under this act may be brought Pioceedinga. 
by and in the name of the Commonwealth for the enforce- 
ment of the provisions of such laws, and may be brought 
by and in the name of any city or town for the enforce- 
ment of the provisions of such ordinances or by-laws of 
said city or town. 

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

Approved April 10, 1899. 



An Act to authorize the appointment of special officers Hh^jj) 943 

FOR the removal AND TRANSFER OF PRISONERS. ^' 

Be it enacted, etc., as follows: 

Section 1. The governor, on the written recommen- special district 
dation of the board of commissioners of prisons, may may be^ap"-^'^ 
from time to time appoint and commission any of the vo^'^^ed. 
agents of said board special district police oflScers for a 
term of three years unless sooner removed. 

Section 2. Such special district police officers shall Powers, etc. 
have authority to serve warrants and orders of removal 
or transfer of prisoners in any part of the Commonwealth 
which may be issued by the board of commissioners of 
prisons. 



220 Acts, 1899. — Chaps. 244, 245. 

Compensation. Section 3. Said special district police officers, while 
actually employed in the performance of said duty, shall 
be paid such sum from the appropriation for removing 
prisoners as shall be determined by the said commis- 
sioners of prisons. 

Section 4. This act shall take eftect upon its passage. 

Approved April 10, 1899. 

Ch(ip.'2i4A ^'^ -^CT MAKING AN APPUOPUIATION FOR CURRENT EXPENSES AT 
THE MASSACHUSETTS HOSPITAL FOR DIPSOMANIACS AND INE- 
BRIATES. 

Be it enacted, etc., as folloivs : 

Sua^for"' Section 1. The sum of twenty-five thousand dollars 
dipsomauiacB, jg hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, to meet 
expenses, in excess of any receipts, at the Massachusetts 
hospital for dipsomaniacs and inebriates during the year 
ending on the thirty-first day of December in the year 
eighteen hundred and ninety-nine. 

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

Approved April 10, 1899. 

Chap.2i4:^ An Act relative to the appointment of assistant avatch- 

MEN at the state PRISON. 

Be it enacted, etc., as follows : 
Assistant Section 1. With the approval of the commissioners 

watchmen at . i /• 

state prison. of prisous the wardcH of the state prison may appoint 
assistant watchmen, not exceeding five in number, for 
special duty at said prison. 

Duties, etc. Section 2. Said assistant watchmen shall perforin 

such duties as may be assigned to them by said warden, 
and they shall be subject to all the obligations and pen- 
alties now provided by law in regard to officers of said 
prison. 

Compensation. Section 3. Each of Said assistant watchmen shall re- 
ceive such compensation as may be fixed by said warden 
and commissioners, but in no case shall such compensa- 
tion exceed the rate of eight hundred dollars a year. 

Names of SECTION 4. In Certifying the names of persons eliijible 

persons above . *, . ~ ..,'■. ^ . 

25 and under 40 to appointmcnt uuclcr this act the civil service commis- 

years of a!;e to . i ii j*/- ji /• i i 

be certified. sioucrs sliall cei'tiiy thc names oi persons who are above 
the age of twenty-five and under the age of forty years. 
Section 5. This act shall take effect upon its passage. 

Approved April 10, 1899. 



Acts, 1899. — Chaps. 2^6, 247. 221 



An A(n' to altiioiuzk tmk establishment of vacation schools. OhfiYt 24fi 
Be it enuded, etc., a,s folio tvi'! : 

Section 1. The school committee of any cit^' or town vacation 
may establish and maintain schools to be kept open diirin<>- rsubiiXd^ ^'^ 
tlie whole or any })art of the summer vacation, but attend- 
ance ui)on any such school shall not be compulsory or 
count as a part of the school attendance required by law. 

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

Approved April 10, 1899. 

An Act to extend the application ok the law relative to f^jf^y^ ^AH 

THE weekly payment OF WAGES. ""^ 

Be it enacted, etc. , as foUoios : 

Section 1. Section one of chapter four hundred and i89.%438, §i, 
thirty-eiirht of the acts of the year eighteen hundred and ' 
nincty-tiv^e, as amended by chapter three hundred and 
thirty-four of the acts of the year eighteen hundred 
and ninety-six, as amended by chapter four hundred and 
eighty-one of the acts of the year eighteen hundred jind 
ninety-eight, is hereby amended by adding after the word 
"business", in the seventh line, the following words: — 
in any of the building trades ; in quarries or mines ; in 
public works ; in the construction or repair of railroads 
or street railways, of roads, bridges, sewers, of gas, water 
or electric light works, pipes or lines, — so as to read as 
follows : — Section 1. Sections fifty-one to fifty-four, in- Law relative to 
elusive, of chapter five hundred and eight of the acts of men"(Jf^ages 
the year eighteen hundred and ninety-four, relative to the g°„tPP|.^o*°g etc 
weekly payment of wages by corporations, shall apply to 
all contractors and to any person or partnership engaged 
in this Commonwealth in any manufacturing business ; 
in any of the building trades ; in quarries or mines ; in 
public works ; in the construction or repair of railroads 
or street railways, of roads, bridges, sewers, of gas, water 
or electric light Avorks, pipes or lines. And the word ,^uon •' deftned 
"corporation", as used in said sections, shall include 
such contractors, persons and partnerships. 

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

Apiwoved April 10, 1899. 



222 Acts, 1899. — Chaps. 248, 249. 



C^rt7).248 -^^ -^CT KELATIVE TO THE NUMBER OF PLACES WHICH MAY BE 
LICENSED FOK THE SALE OF INTOXICATING LIQUORS. 

Be it enacted^ etc., as followi^ : 
1888, 340 §1, Section 1. Section one of chapter three hundred and 

tortj or the acts ot the year eighteen hundred and eighty- 
eight is hereby amended by inserting after the word " pop- 
ulation", in the ninth line, the Avords : — but in no event 
shall the total number of licenses granted exceed the num- 
ber of one thousand, — so that the iirst fifteen lines of 
To limit the said sectiou as amended shall read as follows : — Section 1. 
piacefto°be lu all towDs and cities which vote to grant licenses of the 
laTe'onmoxi?^^ fii'st fivc classcs described in section ten of chapter one 
eating liquors, hundred of the Public Statutes, to sell intoxicating liquors, 
the number of places licensed for the sale of such liquors 
shall not exceed one for each one thousand of the popula- 
tion, as ascertained by the last preceding national or state 
census, except that in the city of Boston one such place 
may be licensed for each five hundred of the population, 
but in no event shall the total number of licenses granted 
exceed the number of one thousand. No more than one 
such place shall be licensed by any one vote of the licens- 
ing board. Such licenses shall be numbered in regular 
order as granted, and any license granted contrary to, or 
in excess of the provisions of this act, shall be void. 
Section 2. This act shall take effect upon its passage. 

Approved April 10, 1899. 



C7iap.24:Q ^^ ^*^'^ '^^ AUTHORIZE THE ESSEX INSTITUTE TO HOLD ADDITIONAL 

REAL AND PERSONAL ESTATE. 

Be it enacted, etc., asfoUoivs: 
May hold addi- Section 1 . The Esscx Institute is herebv authorized 

tioual estate. i i i i • " 

to hold real estate to an amount not exceeding one hun- 
dred thousand dollars in value, and to hold personal estate, 
exclusive of the books, papers and other articles in the 
cabinets of said corporation, to an amount not exceeding 
two hundred thousand dollars in value. 

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

Approved April 10, 1899. 



Acts, 1899. — Chaps. 250, 251. 223 



An Act to authorize the town of grafton to incuu certain (JJinn 250 

INDEBTEDNESS FOR SCHOOL PURPOSES, BEYOND THE LIMIT FIXED 
BY LAW. 

Be it enacted^ etc., as follows : 

Section 1. The town of Grafton may incnr indebted- j^;'|ebte*dn'e8e for 
ness to an amount not exceeding forty-live Hioueand dol- school pur- 
lars, for the pur})ose of erecting new schoolhouses and 
})urchasing or acquiring land therefor, and improving and 
enlarging school buildings now in use and causing them 
to conform to the requirements of law with respect to 
sanitary, heating and ventilating appliances. 

Section 2. For the payment of the indebtedness in- May issue 
curred under this act said town may issue its bonds of the ""^ ^' ^ "' 
denomination of five hundred dollars each. Said bonds 
shall bear interest at a rate not exceeding four per cent 
per annum, and shall be so issued that one of said bonds 
shall mature in each of the twentj^ years following the 
date of their issue, three in each of the succeeding ten 
years, and four in each of the ten years then next suc- 
ceeding, so that all of said bonds shall mature within 
forty years from the date of their issue. 

Sections. The indebtedness hereby authorized shall 'T'^" *i"'"'^« ^°'« 

«/ uecessary. 

be incurred only by a vote of two thirds of the voters 
present and voting at a town meeting duly called for that 
pur{)ose. 

Section 4. Said town shall raise by taxation each year Payment of iu- 
an amount sufiicient to pay the interest on such of said ^°^'^®^"''**- 
bonds as may at the time be outstanding, and to pay the 
principal sum of any bonds maturing and becoming pay- 
able during that year. 

Sections. The indebtedness incurred under this actN^ottobe 
shall not be reckoned in determining the limit of indebt- tenniuiugdebt 
edness of said town under section four of chapter twenty- 
nine of the Public Statutes and acts in amendment thereof. 

Section 6. This act shall take effect upon its passage. 

Approved April 10, 1899. 



limit. 



Ax Act to legalize and confirm the proceedings of the (Jhno) ^^'l 
ANNUAL TOWN MEETING OF THE TOWN OF WINCHESTER. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the annual town meet- Pioceedings of 

c 1 /• TIT- 111 -11 r- town meeting 

inc: 01 the town oi Winchester held on the sixth day or of Winchester 

"^ confirmed. 



224 



Acts, 1899. — Chaps. 252, 253. 



March in the year eighteen hundred and ninety-nine, and 
continued by adjournment on the thirteenth day of said 
March, shall not be invalid l)y reason of the fact that the 
moderator of said meeting held the office of town auditor, 
and the proceedings of said meeting are hereby contirmed 
and made legal. 

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

Approved April 10, 1899. 



GhavJ^^^. ''^^ -^^"^ RELATIVE TO THE INJURY OR DESTRUCTION OF STREET 

RAILWAY SIGNALS. 



P. 8. 112, § 207, 
etc., amended. 



Penalty for in- 
jury, etc., to 
railroad or 
street railway 
sigualB. 



Be it enact ed, etc., as folloivs : 

Section 1. Section two hundred and seven of chapter 
one hundred and twelve of the Public Statutes, as amended 
by chapter five of the acts of the year eighteen hundred 
and eight\-four, is hereby amended by adding after the 
word "railroad", in the second and fourth lines, the 
words: — or street railway, — so as to read as follows: 
— Section 207. Whoever unlawfully and intentionally 
injures, molests, or destroys nwy signal of a railroad or 
street railway corporation, or any line, Avire, post, or 
other structure or mechanism used in connection with 
such signal on a railroad or street railway, or destroys or 
in any way interferes with the proper working of such 
signal, shall be punished by fine not exceeding live hun- 
dred dollars, or by imprisonment not exceeding two years, 
or both. 

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

Api:)roved April 10, 1899. 



Chaj).'2i)'i^ An Act relative to the appointment ok park commissioners. 

Be it enacted, etc. , as folloivs : 



1882, 154, § 1, 
etc., amended. 



Park commis- 
BionerB to be 
elected or 
appointed. 



Section 1. Section one of chapter one hundred and 
fifty-four of the acts of the year eighteen hundred and 
eighty-two, as amended by section one of chapter two 
hundred and forty of the acts of the year eighteen hun- 
dred and ninety, is herel)y amended by adding in the four- 
teenth line, after the word " appointment", the following 
words : — or until their successors are appointed and qual- 
ified, — so as to read as follows : — Section 1. Any town 
in this Commonwealth which accepts the provisions of this 
act in the manner hereinafter prescribed may, at a legal 
meeting called for the purpose, elect three competent per- 



Acts, 181M). — Ciiai». 254. 22, 

sons who shall constitute a board of park commissioners 
for such town, and may prescribe their terms of office ; 
and the mayor of any city which in such manner accepts 
said provisions may, with the approval of the city coun- 
cil, as soon as may be after such acceptance, appoint five 
competent persons who shall constitute a board of park 
commissioners for such city, and who shall hold their 
offices until the expiration of terms of one, two, three, 
four and five years res]iectively, from the first Monday in 
May next following such appointment, or until their suc- 
cessors are appointed and qualified ; and the mayor shall, 
before the first Monday in May in each year thereafter, 
with like approval appoint one such commissioner to con- 
tinue in office for five years from the expiration of the 
term of the commissioner then next outgoing. No per- xottohow 
son shall be such commissioner who is at the same time otiicc'", etcf*^ 
a selectman, or treasurer, or clerk of such town, or a 
member of the city council, clerk or treasurer of such 
city ; and any such commissioner may be removed by a 
vote of two thirds of the legal voters of such town, at 
a legal town meeting called for the purpose, or by a con- 
current vote of two thirds of the whole of each branch 
of such city council. 

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

Approved April 10, 1899. 



Chap.254: 



Ax Act to prevent the improper use of the flag of the 

UNITED STATES OR OF THE COMMONWEALTH OF MASSACHUSETTS. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to dis- words, figures, 
play the flag of the United States or of Massachusetts, or u'e 'u^'ited^* " 
any representation thereof, upon which are any words, chu*e^eu/^o.*^" 
figures, advertisements or designs : provided, however, hibited. 
that flags belonging to grand army posts, or flags the 
property of or used in the service of the United States 
or of this state, may have inscribed thereon the names 
of battles, and the name and number of the organization 
to which such flags belong. 

Section 2. Whoever publicly mutilates, tramples Mutilating, 
upon, defaces, or treats contemptuously any of said flags, tiairs'^iHoiirbited. 
whether such flags are public or private property, shall 
be deemed guilty of a misdemeanor within the meaning 
of this act. 



226 Acts, 1899. — Chaps. 255, 256. 

Penalty. Section 3. Any violation of the provisions of this 

act shall be punished by a line of not less than ten dol- 
lars nor more than one hundred dollars, and the police, 
district and municipal courts, and trial justices of the 
Commonwealth, shall have authority within their several 
jurisdictions to enforce the provisions of this act. 

Approved Ajnil 10, 1S99. 



Ck(ip.255 ^^ ^^^ '^O CHANGE THE NAME OK THE POLICE COURT OT HAVEK- 
HILL AND TO INCLUDE THE TOWNS OF GEORGETOWN AND BOX- 
KORD WITHIN ITS JUDICIAL DISTRICT. 

Be it enacted, etc., as follows : 

Section 1. The name of the police court of Haverhill 
is hereby changed to the central district court of northern 
Essex. 

Section 2. The towns of Georgetown and Boxford 
are hereby annexed to and made a part of the judicial 
district under the jurisdiction of said court : pi^ovided, 
hoiveuer, that nothing herein shall affect any suit or other 
proceeding which may be pending at the time of the pas- 
sage of this act. 

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

Approved April 10, 1899. 



Name changed. 



Jurisdiction. 



Proviso. 



Chap.^i^G ^^ ^^'^ "^O PROVIDE FOR THE ESTABLISHMENT OF CITY AND TOWN 



City seals to be 
esta.iliHhed. 



Town seals to 
Ijo eMtabiished, 
etc. 



liopeal. 



Be it enacted, etc., as follows : 

Section 1. The city government of every city not 
already having a seal shall by ordinance establish a seal 
of the city and designate the custodian thereof. 

Se(;tion 2. Within one year from the passage of this 
act every town not already having a seal shall, by such 
method as may be adopted by vote of the town at a meet- 
ing duly called for the purpose, establish a seal of the 
town, which seal shall be in the custody of the town 
clerk ; and any paper or document emanating from any 
officer or board of a town shall, whenever it seems neces- 
sary or desirable, be attested with the town seal. 

Section 3. Section two of chapter three hundred and 
eighty-nine of the acts of the year eighteen hundred and 
ninety-eight is hereby repealed. 

Approved April 10, 1899. 



AcJTs, 1899. — Chaps. 257, 258, 259, 260. 227 



An Act to authorize the rKoviDENCE and taunton street H'knyx 257 

RAILWAY COMPANY TO CARRY FUEL AND SUPPLIES FOR ITS OWN ^ 

USE. 

He, it evaded, etc., asfoUoics: 

Section 1. The Providence and Taunton Street Rail- fj,dVJ"7ie"''' 
\\ ay Company may carry fuel and supplies tor its own use. 
Section 2. This act shall take effect upon its passage. 

Approved April 10, 1899. 

An Act to authorize the brockton, bridgewater and taun- nj^nn '^58 

TON street railway COMPANY TO CARRY FUEL AND SUPPLIES 
FOR ITS OWN USE. 

Be it enacted, etc., as follows: 

Section 1. The Brockton, Bridgewater and Taunton May carry fuel 
Street Railway Company may carry fuel and supplies for ''° *"'''' "''*■ 
its own use. 

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

Approved April 10, 1899. 



Chap.259 



An Act to provide that reports shall be made to the state 

BOARD OF charity BY CERTAIN CHARITABLE CORPORATIONS. 

Be it enacted, etc., as follows : 

Every charitable corporation the personal property of ^j^j[Jfj°j,,g 
which is exempt from taxation under the third clause of corporations to 
section five of chapter eleven of the Public Statutes and "port'u) the 
acts in amendment thereof shall, on or before the first charity!'*'^ °^ 
day of November in each year, transmit to the state board 
of charity a written or printed report for the year ending 
on the thirtieth day of September, showing its property, 
its receipts and expenditures, the whole number and the 
average number of its beneficiaries, and such other in- 
formation as the board may require. 

Approved April 10, 1899. 

An Act relatfye to the sale of ice. Oh art '^60 

Be it enacted, etc., as follows: 

Section 1. Section one of chaj^ter sixty-eight of the p. s.68,§i, 
Public Statutes is hereby amended by inserting after the 
word "provisions", in the third line, the word: — ice, 



228 



AoT8, 1899. — CiiAi's. 2(51, 262, 2(3:3. 



Articles which 
may be soid by 
peddierB wltli- 
out license. 



— 80 as to read as follows: — Section 1. Any person 
may go about from town to town, or from place to place 
in the same town, exposing for sale and selling fruits, 
provisions, ice, live animals, brooms, agricultural imple- 
ments, hand tools used in making boots and shoes, fuel, 
newspapers, books, pamphlets, agricultural products of 
the United States, and the products of his own labor or 
of the labor of his family ; but nothing in this section 
shall be so construed as to include among the things that 
may be so exposed for sale or sold any articles of the 
growth or production of foreign countries. 

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

Ajyj^roved April 10, 1899. 



Ckcin.'2(jli -^^ ■'^CT TO EXEMPT CERTAIN LOAX COMPANIES FROM PKOCURINO 

LOCAL LICENSES. 



Certain loan 
companies 
exempt from 
procuring local 
licensea. 



Be it enacted, etc., asfoUoics: 

Sectiox 1. Loan companies and loan associations 
established by special charter of this Commonwealth, and 
placed under the supervision of the commissioners of 
savings banks, shall be exempt from procuring a license 
from any local licensing board. 

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

Approved Ajyril 10, 1899. 



Approval of 
bastardy bonds 



Chai).'2iiy2i ^^ ^^"^ '^^ AUTHORIZE CLERKS OF POLICE, MUNICIPAL AND DIS- 
TRICT COURTS TO APPROVE BASTARDY BONDS. 

Be it enacted, etc., as foHoivs : 

• Section 1, The sureties on any bond required by 
chapter eighty-five of the Public Statutes, and acts in 
amendment thereof or in addition thereto, may be ex- 
amined and the bond a})provcd by the clerk of a police, 
municipal or district court. 

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

Approved April 10, 1899. 



Chcin.^ii)^ -^^ "'^^^ RELATIVE TO THE REMOVAL OF PRISONERS TO THE STATE 

FARM. 

Be it enacted, etc., as foliates : 

Section 1. The commissioners of prisons may remove 
any prisoner held under sentence in any jail or house of 



Removal of 
prJBonerB to 
state farm. 



Acts, 1890. — Chaps. 264, 265. 229 



correction to the state farm, and may return such prisoner 
to the phiee of imprisonment from Avhich he was so re- 
moved. 

Section 2. A prisoner removed or returned under to be heid in 
this act shall be held in the place of imprisonment to TeTms 0"'" '' ' 
which he is so reuioved or returned, in accordance with tJ,',^"]^' *'*^"" 
the terms of his original sentence: prorided, hoiveoer, Proviso, 
that the state boanl of charity siiall alone have the same 
authority to release such jirisoner from the state farm that 
it would have to release him therefrom if he had been sen- 
tenced thereto originally. 

Section 8. Everv order for the removal or return of offlciai papers, 

. ^ etc., to be re- 

a prisoner under this act shall be signed by the secretary moved with 
of the commissioners of prisons, and may be executed 
by any officer authorized to serve criminal process. All 
mittinuises, })rocesses and other official papers, or attested 
co})ies thereof, by which a prisoner is held in custody, 
shall be removed or returned with him. 

Section 4. This act shall take effect upon its passage. 

Apjiroved April 11, 1899. 

An Act to establish the salaky of the assistant kegistek nhnj) 264 

OF PROHATE AND INSOLVENCY FOK THE COUNTY OF WORCESTER. 

Bv it enacted., etc. , as folloics : 

Section 1. The salary of the assistant register of pro- Assistant regis- 
bate and insolvency for the county of ^Vorcester shall be aud^insoKency. 
twenty-three hundred dollars a year, to be so allowed 
from the first day of January in the year eighteen hun- 
dred and ninety-nine. 

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

Approved April 12, 1S99. 



\s Act to incoiu'Orate the suttOn homk fou aged women 

IN PEABODY. 



Ghap.^iSry 



Be it enacted, etc., as folloicK : 

Section 1. George M. Foster, George Frederick suttonHome 
Osirood, Arthur F. Poole, William P. Clark, Eufns II. womfnin 
Brown, Nathaniel Symonds, Mary A. Grosvenor, Ly(lia J,;^;;^;';;.^^ "'*""- 
W. Thacher, iVIary I). Clark, Parmelia A. Brooks, p'^lor- 
ence K. Foster and Jennie K. Arnold, their associates 
and successors, are hereby made a corporation by the 
name of the Sutton Home for Aged ^^'olnon in Pcabody, 



230 



Acts, 1899. — Chap. 266. 



May hold real 
and personal 
estate, etc. 



Vacancies in 
raeinbership, 
etc. 



for the purpose of establishing and maintaining a home 
for aged women in the town of Peabody ; with all the 
powers and privileges and subject to all the duties, liabil- 
ities and restrictions set forth in all general laws which 
now are or may be hereafter in force applicable to such 
corporations. 

Section :2. Said corporation may, for the purposes 
aforesaid, hold real and personal estate to an amount not 
exceeding one hundred thousand dollars. Said George 
M. Foster, George Frederick Osgood and Arthur F. Poole 
are hereby authorized to convey to said corporation, after 
it is organized, the estate, real and personal, held for said 
charitable purposes by them as trustees under a decree 
of the probate court for the county of Essex, dated the 
fourth day of June in the year eighteen hundred and 
eighty-three. 

Section 3. Vacancies occurring from any cause in the 
membership of said corporation shall be tilled by vote 
taken by ballot, of the remaining corporators. Every 
member of the corporation so chosen shall be a resident 
of the town of Peabody. 

Section 4. This act shall take effect upon its passage. 

Approved April 12, 1899. 



Chaj) 



1889, 414. § 7, 
amended. 



Commitments to 
Massaclinsetts 
hoxpital for 
dipsomaniacs 
and inebriates. 



Proviso. 



,266 ^^ ^^"^ RELATIVE TO COMMITMENTS TO THE MASSACHL'SETTS HOS- 
PITAL FOR DIPSOMANIACS AND INEBRIATES. 

Be it enacted, etc., as folloics : 

Section 1. Section seven of chapter four hundred and 
fourteen of the acts of the year eighteen hundred and 
eight3'-nine is hereby amended by striking out the whole 
of said section and inserting in place thereof the follow- 
ing : — Section 7. In all ])roeecdings relative to the com- 
mitment of any such person it shall be specifically alleged 
that he is either a dipsomaniac or an inebriate, as the case 
may be, instead of alleging that he is insane. All the 
laws relative to the commitment of an insane person to 
an insane hospital shall govern the commitment of any 
person under this act : provided, hoicever, that when an 
application has been made for any such commitment the 
magistrate receiving the same shall e.xamine on oath 
the applicant and all other witnesses, and shall reduce 
the application to writing, and cause the same to be sub- 
scribed and sworn to by the applicant. Said magistrate 



Acts, 1899. — Chap. 26T. 231 

shall cause a summons and a copy of said application to 
be served upon said person, in the manner j)rovided by 
section seventeen of chapter two hundred and twelve of 
the Public Statutes, requiring him to appear at the time 
and place stated therein, to show cause if any there be 
why he should not be committed to said hospital. Said 
person shall be entitled to a hearing upon the granting 
of said application, unless after receiving said summons 
he shall in writing waive such hearing, and in such case 
said magistrate may issue an order for his commitment 
to said hospital without such hearing, provided he is of 
opinion that such person is a proper subject for its treat- 
ment or custody. 

Section 2. Section ten of said chapter is hereby issg. 414, § lo, 
amended by striking out the whole of said section and '""'■°'*''^- 
inserting in place thereof the following: — Section 7(9. Rigiit of appeal. 
Every person may appeal from the order of the judge 
connnitting him to said hospital to the superior court 
next to be held in the same county. The appellant shall 
be committed to said hospital to abide the final order of 
said court until he recognizes in the manner provided in 
section forty-seven of chapter three hundred and ninety- 
six of the acts of the year eighteen hundred and ninety- 
three. On such appeal, if the appellant so requests, an 
issue or issues shall be framed and submitted to a jury of 
said court by direction of a justice thereof. 

Sectiox 8. So far as they may be applicable the pro- Certain 
visions of sections forty, forty-two, forty -three and forty- Faw to'ajlpiy^. 
four of cha})ter eighty-seven of the Pul)lic Statutes shall 
apply to the discharge of persons confined in the Massa- 
chusetts hospital for dipsomaniacs and inebriates. Any 
person confined therein ma}^ «ippb' ^^^^ '^ discharge there- 
from in accordance with the provisions of sections forty 
and forty-two aforesaid : provide'/, hoivever, that all ap- PmviBo. 
plications made as herein provided shall be made to, and 
the proceedings thereon shall be had in, the superior court 
in the count}' of Suffolk. Appmred Aprd 12, 1S99. 

Ax Act to supply the town ok loxgmkat>ow avith watku. nhnn 2()7 
Bp it evnrfcd, otc, an foIJo/rs : 

Section 1 . The town of Longmeadow may supply Town of Lon^' 
itself and its inhabitants with water for the extinguish- supply itseir 
ment of fires and for domestic and other purposes; may ^^"i^'» «■"■*'*=• 



232 Acts, 1899. — Chap. 267. 

regulate, fix rates and collect payment for, the use of such 
water, and may establish, relocate or discontinue fountains 
ProviBo. and hydrants : provided, however^ that no source of water 

suj)ply for domestic purposes, or lands necessary for pre- 
serving tlie (|uality of such water, shall be purchased or 
taken without the advice and approval of the state board 
of health. 
?lnaiirwiiter SECTION 2. Said town, for the purposes aforesaid, may 

laiuis, etc. hold all water, water sources, springs or land heretofore 
purchased by it, all structures thereon, and all water 
mains, pipes, hydrants and other property now in use 
by it for water supply purposes, said land and property 
having been obtained ])y said town under the authority 
of votes passed by it in town meeting ; and the said votes 
and the proceedings of said town thereunder are hereby 
ratified, confirmed and made legal, and all lands purchased, 
all buildings and structures erected, and all water pipes 
and mains laid, shall be the property of said town as if 
the same had been heretofore legally authorized. Said 
town may at any time take by purchase or otherwise, in 
fee, the waters or any part thereof of Cooley brook, in 
said town, and also the water of any stream, pond or 
spring, or of any driven or dug wells which it may con- 
struct in said town, and also any and all land which said 
town may from time to time deem proper for the purpose 
of constructing reservoirs, or of protecting the purity of 
its water supply, or for any other purpose connected with 
^n'fcturel lay ^^^ maintenance of the water supply for said town. Said 
pipes, etc' town may erect on the lands taken or held under the au- 
thority of this act such wells, filter galleries, dams, liuild- 
ings, fi.\tures, reservoirs, standpipes and other structures 
as it may deem proper, and may make such excavations 
and procure and operate such machinery and do such other 
things as may be necessary for providing and maintaining 
comi)lete and ett'ective water works ; and for that purpose 
may construct, lay and maintain aqueducts, conduits, pipes 
and other works under and over any lands, roads or other 
ways, and along any street, highway or other way in saitl 
town, in such manner as shall not unnecessarily obstruct 
the same. 
DaraiigeH. Section3. Said town of Longmeadow shall be liable 

for all damages to property sustained by any person or 
corporation ]\y the taking of any land or the doing of any 
act herein authorized, and any such person or corporation 



Acts, 1899. — Chap. 267: 233 

who fails to uuroe with said town as to the amount of 
damaijes sustained may have the same assessed and deter- 
mined in the manner established by law in eases where 
land is taken for laying out highways, provided applica- 
tion therefor is made within two years from the taking. 
Said town shall, within ninety days after the taking of any Description of 

II . ^ '• 1 J "^ • I J. x" ' " lands, etc., to be 

lands, water sources, water rights, rights ot way or ease- recorded. 
ments, as aforesaid, otherwise than by purchase or agree- 
ment, cause to be recorded in the registry of deeds for 
the county of Hampden a description thereof sufficiently 
accurate for identitication, with a statement of the pur- 
pose for which the same were taken, signed by a majority 
of the board of water connnissioners hereinafter provided 
for; and upon such recording title shall vest in said town. 
Said statement shall certify that the state board of health 
has recommended and approved such taking, if such ap- 
proval is required to be given by said board, and such 
certificate shall be conclusive evidence thereof. 

Section 4. The votes of said town, passed by a two certain votes of 
thirds vote on the nineteenth day of December in the etc'."""" ^'^^ ' 
year eighteen hundred and ninety-four and on the twenty- 
ninth day of January in the year eighteen hundred and 
ninety-five, under which for the purpose of raising money 
to pay for the water supply plant now existing the said 
town issued bonds to the amount of thirty thousand dol- 
lars, bearing interest at the rate of four per cent per 
annum, and payable in thirty years, and creating a sink- 
ing fund for the payment thereof are ratified, confirmed 
and made legal, and the said bonds are declared to be a 
binding obligation of said town, as if they had been here- 
tofore legally authorized. 

Section 5. Said town shall raise annually by taxation payment of 
a sum which with the income derived from the water rates expenses, etc 
will be sufficient to pay the current annual expenses of 
operating its water works, the interest as it accrues on 
said bonds, and the amount required to be paid into the 
said sinking fund created by said town. 

Section 6. AVhoever wilfully or wantonly corrupts. Penalty for 
pollutes or diverts an}' of the waters taken or held under «"at"r,*etc'. ° 
this act, or injures any structure, work or other ]>roi)erty 
owned, held or used ))y said town under the authority of 
this act, shall forfeit and pay to said town three times the 
amount of damages assessed therefor, to be recovered in 
an action of tort ; and upon conviction of any of the 



234 -Acts, 1899. — Chap. 268. 

above wilful or wanton acts shall be punished by a fine 
not exceeding three hundred dollars or b}' imprisonment 
not exceeding one year. 
SissioneiT.'eiec SECTION 7. Said towu shall within three months from 
tion, terniB', etc. the passagc of this act, at a meeting duly called for the 
purpose, elect by ballot three persons to hold office, one 
until the expiration of three years, one until the expira- 
tion 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 after said next annual meeting one 
such commissioner shall he elected by ballot for the term 
of three years. All the authority granted to said town 
by this act and not otherwise specially provided for shall 
be vested in said board of water commissioners, who shall 
be subject however to such instructions, rules and regula- 
vacancy. tious as Said towu may impose by its vote. Any vacancy 

occurring in said board from any cause may be filled for 
the remainder of the unexpired term by said town at any 
town meeting duly called for the purpose. 

Section 8. This act shall take effect upon its passage. 

Approved April 12, 1899. 

CkCiP.2GS ^^ ^^"^ MAKING AN APPROPRIATION FOR CONTINUING THE W^RK 
OF EXTERMINATING THE GYPSY MOTH AND THE BROWN TAIL 
MOTH. 

Be it enacted, etc., as follows: 

of^g^i'^ymot'h. Section 1. The sum of one hundred and seventy thou- 
sand dollars is hereby appropriated, to be paid out of the 
treasury of the Commonwealth from the ordinary revenue, 
in addition to any sum already appropriated for the pur- 
pose, and in addition to any unexpended part of the ap- 
propriation for the year eighteen hundred and ninety-eight, 
to be expended under the direction of the state board of 
agriculture 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- 

Pioviso. nine : provided, Jtovever, that out of the above named 

appropriation a sum not exceeding ten thousand dollars 
shall be expended under the direction of the state board 
of agriculture for continuing the work of investigating 
and suppressing the brown tail moth. 

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

Approved April 14, 1899. 



Acts, 1899. — Chap. 269. 235 



An Act kelative to the investments of savings banks and nhnj) 269 

IXsTITLTIONS FOK SAVINGS. 

Be it enacted., etc., as JoUows : 

Section 1. In addition to the investments now au- inveetmeuts 
thorized l)y statute savings banks and institutions for and'iMutnti'one^ 
savings may invest their deposits and the income de- f"'" *»v'" sh- 
rived therefrom : — First. In the legally authorized bonds 
of the New York Central and Hudson River Railroad 
Company, of the ^Michigan Central Railroad Company, 
of the Lake Shore and ^Michigan Southern Railway Com- 
pany, of the Illinois Central Raih*oad Company, of the 
Pennsylvania Railroad Company, of the Delaware, Lacka- 
wanna and Western Railroad Company, of the Chicago, 
Burlington and Quincy Railroad Company, of the Chicago 
and Northwestern Railway Company, and of the Delaware 
and Hudson Canal Company : provided, that all such bonds 
shall be secured by a tirst mortgage of the whole or a part 
of the railroad and railroad property actually in the pos- 
session of and operated by such company ; and jwovided, 
further, that each railroad whose bonds are hereby au- 
thorized for investment shall have earned and paid regular 
dividends on all its issues of capital stock of not less than 
four per cent each fiscal year for the ten years next pre- 
ceding such investment, and that such capital stock shall 
equal or exceed in amount one third of the par value of 
all its bonded indel)tedness. 

Second. In the legally authorized bonds of any rail- 
road company incorporated under the authority of the 
states of New York, Pennsylvania, Ohio, Michigan, In- 
diana, Illinois or Iowa, whose road is located wholly or 
in ])art within the limits of said states and has earned and 
paid regular dividends of not less than four per cent per 
annum on all its issues of capital stock for the ten years 
preceding such investment : provided, that said bonds be 
secured by a first mortgage of the whole or a part of the 
railroad and railroad [)roperty of such company, and be 
guaranteed, both princii)al and interest, l)y one or more of 
the companies named in the first clause of this act. 

Third. In the note or notes of any citizen of this Com- 
monwealth, with a pledge as collateral of any of the afore- 
said securities at no more than the par value thereof. 

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

Apprnred April 14, 1899, 



236 



Acts, 1899. — CiiAr. 270. 



May improve 
brooks, take 
laml, etc , for 
drainage pur- 
poses, etc. 



Proviso. 



Chop.270 An Act uelative to watek coukses and drains in the city 

OV MAULBOUOUGII. 

Be it enacted,, etc.,, as folloios : 

SectiOxV 1. The city of Marlborough, for drainage 
puri)()8es or for the protection of the public health, may 
by its board of aldermen acting within the limits of the 
city, from time to time, improve the brooks and natural 
streams flowing in said city or any part thereof, by widen- 
ing the same, removing obstructions in or over them, 
diverting the water, altering the courses or deepening the 
channels thereof, and may conduct any surface or ground 
water into the same, and the more efl'ectually to make 
said im[)rovements the said city may, by vote of the city 
council, purchase or take land in fee simple or otherwise 
on either side of the present channels of any such brooks 
or natural streams, or may in the same manner purchase 
or take land in fee simple or otherwise to form new chan- 
nels into which said waters or any surface or ground water 
may be diverted within the limits of said city : provided, 
however, that nothing herein shall authorize the takino- 
by the city of jNlarlborough of land heretofore taken by 
the metropolitan water board for the metropolitan water 
supply. 

Section 2. When land is taken by virtue of the pre- 
ceding section the proceedings shall he the same as in the 
laying out of highways or streets m said city. 

Section 3. Damages occasioned by the making of said 
improvements shall be ascertained and recovered as in the 
laying out of highways or streets in said city. 

Section 4. At any time within two years after any 
])rook or natural stream in said city is improved in any 
of the ways mentioned in the first section of this act, 
under an order declaring the same to be done under the 
provisions of law authorizing the assessment of better- 
ments, if ill the opinion of the board of aldermen of said 
city any real estate in said city, including that, if any, 
of which a part is taken therefor, receives any benefit or 
advantage therefrom beyond the general advantages to 
all real estate in said city, the board may detormiiu! the 
value of said l)enefit and advantage to such real estate, 
and may assess upon the same a proportionate share of 
the expense of making such improvement ; Ijut no such 



Proceedings 
when laud is 
taken. 



Damages. 



Assessment and 
collection of 
betterments. 



Acts, 1899. — Chaps. 271, 272. 237 

assosynient .shall exceed one half of such adjudged l)cnclit 
and advantage, nor shall the same be made until the work 
of making such improvement is completed. All laws 
now or hereafter in force in relation to the assessment 
and collection of betterments 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 who are aggrieved by the assessment of bet- 
terments under the provisions of this act shall have the 
same remedies which now are or may hereafter be provided 
by law for persons aggrieved l)y the assessment or levy 
of betterments in the laying out of ways in said city. 

Section 5. No person shall destrov or injure any Penalty for in- 

, . ^ I £• • 1 'i ' "J.! J. 1 ji"y to drainage 

drainage or sewerage work ot said city, or without law- work, pollution 
ful authority pollute any natural water course in said city, °^ "^^t'^'"' ^**=- 
or put or maintain any obstruction therein ; and whoever 
violates any provision of this section shall for each offence 
be punished by a tine not exceeding five hundred dollars 
or by imprisonment in the house of correction not ex- 
ceeding three months, or by both such fine and imprison- 
ment. 

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

Approved April 14, 1899. 

Ax Act to change the time of the april sitting of the njfarj.271 

SUPERIOR COURT KOK THE COUNTV OF BARNSTABLE. 

Be it enacted, etc., as follows : 

Sectiox 1. The session of the superior court now sittinsjof 
held in Barnstal)le on the Tuesdav after the second Mon- fn'Bamstab'ie 
day of April shall hereafter be held on the first Tuesday ««""'>■ «i^=*"s«'>- 
of April. 

Section 2. This act shall take effect on the thirtieth to take effect 
day of April in the year eighteen hundred and ninety-nine, ^^p"^'^*^' ^^^^• 

Approved April 13, 1899. 

An Act to authorize the Norfolk central street railway (7/^(21). 272 

CO.MP.\NY to act as A COMMON CARRIER OF BAGGAGE AND OF 
SMALL PARCELS OF MERCHANDISE. 

Be it enacted, etc., as follows : 

Section 1. The Norfolk Central Street Eailwav Com- May aetata 

* . .. common earner 

panv mav act as a common earner ot baa«^a<ic and oi small of merchandise. 



238 Acts, 1899. — ('haps. 273, 274. 

Provisos. parcels of merchandise : provided, however, that said c-o;ii- 

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 upon the question at an annual meet- 
ing or at a special meeting duly called for the purpose ; 
and provided, further, that said company shall in carrying 
parcels be subject to such by-laws and regulations as may 
be made from time to time l)y such town ; and shall also 
be subject to the provisions of chapter seventy-three of 
the Public Statutes and of all other laws relating to com- 
mon carriers. 

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

Ajjjyroved April 15, 1899. 



Chap 



.273 -^^ Act relative to the construction oi-' a boulevard from 
the middlesex fells parkway to the charles river. 



Be it enacted, etc., as follows : 



oV.-oDstructiiiK Section 1. The metropolitan park commission is hereby 
a o«''"'ain b..uie- authoHzcd and instructed to investigate the advisability of 
vestigated. taking lands for and constructing a road or boulevard from 
Broadway park in the city of Somerville, at the southerly 
end of the Middlesex Fells parkway, or from any other 
point in said parkway near the Mystic river, to the Charles 
river at or near Cottage Farm. Said commission shall 
consider the various practicable routes and the cost of 
construction, and shall report the result of its investiga- 
tion, together with its recommendations, to the next gen- 
eral court. Any expense incurred under this act shall be 
deducted from the unexpended balance of the general ap- 
propriation for metropolitan boulevards. 

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

Ap2oroved April 15, IS 99. 

Chop.274: ^^ '^CT TO PLACE THE CHESTNUT HILL RESERVOIR GROUNDS UNDER 
THE CUSTODY OF THE BOARD OF PARK COMMISSIONERS OF THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: 
ParkcoramiB- Section 1. Thc board of park commissioners of the 

sionore of . /» -r-» i 

Boston to have City oi BostoH shall havc the custody, care and control 

of certain lands, of all laiids owucd by the citv of Boston in the territory 

bounded east by Chestnut Hill avenue, south by the 

boundary line between the town of Brookline and the 



Acts, 1899. — Chap. 275. 239 

city of Boston, west by the boundaiy line between the 
city of Newton and the city of Boston, and north by 
Cominonweahh avenue and South street; may take by May take 
purchase or otherwise such other lands within said boun- ^.^'^l'"" '""''"• 
dary not owned by the Commonwealth, as said board with 
the approval of the mayor may deem desirable for park 
purposes ; and may assume the custody, care and control 
of all lands within said boundary now owned by the Com- 
monwealth which the metropolitan water board and said 
board of park commissioners of the city of Boston, with 
the approval of the mayor, may deem desirable for said 
purposes. Said board of park commissioners shall have 
the same powers over any lands placed or taken under 
the custody, care and control of said board by authority 
of this act, as if said lands had been taken by said board 
by the exercise of the right of eminent domain, given by 
chapter one hundred and eighty-tive of the acts of the 
year eighteen hundred and seventy-five and acts in amend- 
ment thereof or in addition thereto. 

Section 2. The treasurer of said city, to pay the ex- Payment of 
penses incurred in the taking of any lands under author- *''''"'°*^*' 
ity of this act, may from time to time, at the request of 
said board, apjn'oved by the mayor, issue bonds of said 
city to a total amount not exceeding one hundred and fifty 
thousand dollars. 

Section 3. Said board of park commissioners Avhen certain lands 
authorized by the city council may sell any lands owned "'"^ 
by the city, within the boundaries aforesaid, on such terms 
as said board with the approval of the mayor may deem 
proper, and shall use the proceeds thereof in payment for 
any lands taken for park purposes mider this act. 

Section 4. This act shall take effect upon its passage. 

Approved Airril 15, 1899. 

An Act relativk to the building of a drain by the city of /^/.^^ 975 

somerville. ^ 

Be it enacted, etc., as foUows: 

Section 1. In order to dispose of any storm water cuyofsomer. 
overflow from its main drain and common sewers, and stnlcra^rain' 
of any surface water or any other waste water not pol- ^aete wlte^ 
luted with sewage, the city of Somerville is hereby au- etc. 
thorized to construct and maintain a drain which f^liall 
discharge in Miller's river at any point within the limits 



240 



Acts, 1899. — Chap. 275. 



Plan to be 
iipproved by 
wtalo board cf 
health. 



Land may be 
taken in Cam- 
bridge, etc. 



Drain may be 
carried under 
railroads, 
streets, etc. 



City of Cam- 
bridge to be 
reirabursed, etc, 



of said city, and at such point within the limits of the 
city of Cambridge as the said cities may, hy their respec- 
tive councils, agree upon ; and may repair the same from 
time to time, subject to the provisions of chapter nineteen 
of the Public Statutes and all acts in amendment thereof 
and in addition thereto. 

Section 2. No drain or other works shall be con- 
structed under the authority of this act until the plan 
thereof has been approved by the state board of health, 
after a hearing. Due notice of such hearing shall be pub- 
lished by the said board in such paper or papers, and at 
such times, as the said board may deem proper. After 
such hearing said board may reject or approve any such 
plan, or may modify the same, and approve it as so 
modified. 

Section 3 . For the purposes mentioned in section one 
the city of Somerville shall have the same right to take 
land in Camliridge at the point agi'eed upon as aforesaid 
which it now has to take land for sewers in Somerville ; 
and such taking shall be conducted, and damages for such 
taking incurred by any persons or corporations shall be 
recovered, in the same manner and upon the same pro- 
ceedings as if the land taken were in Somerville. 

Section 4. The city of Somerville may carry said 
drain under any railroad, street or other way in the city 
of Cambridge, and may enter upon and dig up any such 
railroad, street or other way, for the purpose of construct- 
ing or repairing said drain, and may do any other thing 
necessary or proper in the construction and repair of said 
drain. In doing such work within the city of Cambridge 
the city of Somerville shall be subject to such reasonable 
regulations as may be prescribed by the mayor and alder- 
men of the city of Cambridge. It shall not unnecessarily 
obstruct any railroad, street or other way in said city, and 
it shall restore all ways in said city to a condition as good 
as that in which they were before they were entered u])on 
by said city of Somerville. The city of Somerville shall 
perform said work in such a manner as not unnecessarily 
to obstruct or hinder ])ublic travel in the city of Cam- 
bridge, and it shall reimburse the said city for all expense 
which it may incur by reason of the construction or re- 
pair of said drain, and shall indemnify and save harmless 
said city against all damages to persons or proi)erty which 
may be recovered against it b}- reason of the construction 



Acts, 1890. — Chap. 275. 241 

or repair of said drain, or by reason of the digging up 
or obstruction of any railroad, street or other way in the 
city of Cambridge : provided, that the city of Somerville Proviso. 
has notice of any chiini or suit for such damage or injury 
and an opportunity to assume the defense thereof. 

Section 5. The city of Somerville may make agree- use of dram by 
ments with the city of Cambridge for the use by the city bridge, et™' 
of Cambridge of the drain constructed under the provi- 
sions of this act, and if the drain is constructed in whole 
or in part in Cambridge it shall also give to persons or 
corporations in Cambridge the right to enter upon and 
iLse said drain, upon such terms as may be agreed upon 
l)etween the city of Somerville and such persons or cor- 
porations, or upon the payment of such assessments as 
are provided for in the following section. Said cities may 
make agreements for connecting the said drain with the 
drain constructed under the authority of chapter three 
hundred and four of the acts of the year eighteen hun- 
dred and seventy-three and acts in amendment thereof 
and in addition thereto. 

Section 6. The mayor and aldermen of the city of etc^^^^^a^be""^' 
Somerville shall have the same right to assess every per- assessed a part 

, .~ -, .,, . , ii 1 of expense of 

son or corporation whose estate in Somerville is benefited making dram, 
by said drain, for the expense of making and repairing ^ *^' 
the same, which they would have if the said drain were 
wholly within the city of Somerville ; and they shall have 
the same right to assess every person or corporation whose 
estate in Cambridge has a drain entering into the said 
drain, for his or its proportion of the cost of making and 
repairing the same, as if said estate were situated in 
Somerville. 

Section 7. If the citv of Somerville adopts a system Assessmente in 

^ ., i" iji/»' 1 case Somerville 

oi City sewerage and assessments theretor in accordance adopts a sys- 
w'ith the provisions of chapter fifty of the Public Statutes sewemge^ 
and any amendments thereof, for a part or for the whole 
of said city, then assessments as provided for by said act 
or acts shall be made upon persons or corporations whose 
estates in Somerville are benefited by the said drain, and 
such assessments may include the cost of making the said 
drain in the city of Cambridge, or any part of such cost. 

Section 8. The provisions of chapter three hundred affecud!"^*^ °° 
and four of the acts of the year eighteen hundred and 
seventy-three and all other acts and parts of acts incon- 
sistent herewith shall not be construed to be aflected or 



242 



Acts, 1899. — Chaps. 276, 277. 



When to take 
effect. 



repealed hereby, except in so far as may be necessary for 
the purpose of tliis act. 

Section 9. This act shall be void unless accepted by 
the city council of each of said cities within one year from 
the date of its passage ; and it shall take effect when so 
accepted. Approved April 15, 1S99. 



1889, 309, § 2, 
etc., amended. 



Protection of 
infants. 



Ch(ip.2i7() An Act to provide fok the better protection ok infants. 

Be it enacted, etc., as Jblloics : 

Section two of chapter three hundred and nine of the 
acts of the j'ear eighteen hundred and eighty-nine, as 
amended by chapter one hundred and ninety-four of the 
acts of the year eighteen hundred and ninety-one and by 
section twenty- four of chapter four hundred and thirty- 
three of the acts of the year eighteen hundred and ninety- 
eight, is hereby amended by substituting for the words 
" one year", in the third line, the words : — three years, 
— so as to read as follows : — Section 2. Every person 
who receives for board or for the purpose of procuring 
adoption an infant under the age of three years shall use 
due diligence to ascertain whether or not such infant is 
illegitimate ; and if he knows or has reason to believe it 
to be illegitimate, shall forthwith notify the state board of 
charity of the fact of such reception ; and said board and 
its officers or agents may enter and inspect any l)uilding 
where they may have reason to believe that any such ille- 
gitimate infant is boarded and remove such infant when 
in their judgment such removal is necessary, by reason 
of neglect, abuse or other cause, in order to preserve the 
infant's life ; and such infant so removed shall be in the 
custody of said board of charity, which shall make pro- 
visions therefor according to law. 

Apx>roved April 15, 1899. 



Chan.'211 ^^ ^^"^ relative to reports to be made by the auditor 
appointed to kind the expenses incurred in the abolition 

ok grade crossings in the towns op HYDE PARK AND DEDIIAM. 

Be it enacted, etc., as foUoics : 

Section 1. The auditor appointed by the superior 
court to audit the expenses incurred in making the 
alterations and improvements required to be made by 
the report of the commissioners and the decree of the 



Abolition of 
grade crossingB 
in Hvde Park 
and i)edhum. 



Acts, 1899. — Chaps. 278, 279. 243 

court under chapter two hundred and fifty-.sevon of the 
acts of the year eighteen hundred and ninety-six is hereby 
directed in his re})ort to the court of such expenses to 
find and report the amount of said expenses in each town 
respectively, and liis report when thus made and con- 
firmed l)y the court shall be final. 

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

Approved April 15, 1899. 



Chap,278 



An Act relative to bonds in probate courts signed by 

SURETY companies. 

lie it enacted, etc., as follows : 
Section 1. AVhenever a surety company becomes a Liability may 

t)G rcducGd in 

surety on a bond given to the judge of any probate court certain cases. 
such court may, on the petition of any party in interest 
and u{)on such notice as said court may deem proper, 
reduce the penal sum in which the principal and surety 
signing such bond are liable for future violations of the 
conditions thereof, but nothing herein shall authorize a 
reduction of the amount of lial)ility of such principal 
and surety for any previous violation of the conditions 
of such l)ond. 

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

Approved A])ril 15, 1899. 



Chap.27[) 



An Act relative to the system of playgrounds for the city 

of boston. 

Be it enacted, etc., as follows: 

Section 1 . Section one of chapter four hundred and i^^^- i^y § ^• 

.1 1 1 T 1 amended. 

twelve ot the acts ot the year eighteen hundred and 
ninety-eight is hereby amended by striking out the whole 
of said section and inserting in place thereof the follow- 
ing: — Section 1. The board of park commissioners of fionerToV"'*" 
the city of Boston, for the purpose of establishing a com- Boston may 

*' . * ^ " take land for 

prehensive system of playgrounds to meet the wants of playgrounds. 
the different parts of said city, is hereby authorized to 
take by purchase or otherwise, with the approval of the 
mayor of said city, land for playgrounds in such different 
locations, not exceeding twenty in number, as they may 
deem best adapted for the purpose : provided, however, Proviso. 
that not more than two hundred thousand dollars shall be 
expended in any one year for said purpose. 



244 



Acts, 1899. — Chap. 280. 



Certain pro- 
vieioiiH of law 
to aj)ply. 



Section 2. The provisions of sections four to six, in- 
clusive, of chapter one hundred and ei<rhty-five of the 
acts of the year eighteen hundred and seventy-tive shall 
apph' to all lands taken by said board under authority 
of this act. 

Section 3. This act shall take efi'ect upon its passage. 

Apjyroved April 15, 1899. 



Chap.2.S0 An Act relative to malden bridge, so-called, in the city 

OF BOSTON. 



Bridge to be 
coiiHiructecl 
across Mystic 
river. 



Construction, 
etc. 



Payment of 
cost. 



Be it enacted, etc., as follows: 

Section 1. The city engineer of the city of Boston, 
in its name and behalf, is hereby authorized and required 
forthwith to construct and complete a bridge across Mystic 
river, at or near the site of the so-called Maiden bridge, 
and the board of street commissioners of said city shall 
take in fee any lands which the board may deem neces- 
sary to enable the city to carry out the provisions of this 
act. 

Section 2. Said bridge shall be not less than sixty 
feet in width, shall be suitable for ordinary travel, and 
shall be built in such places and in conformity with such 
plans, and with a draw of such opening, not less than 
forty feet in width, as the board of harbor and land com- 
missioners shall approve, and shall be constructed and 
maintained subject to the provisions of chapter nineteen 
of the Public Statutes and of all other laws which now 
are or hereafter may be in force relating to bridges over 
tide water, except that no compensation for displacement 
of tide water or for occuj)ying any lands or flats of the 
Commonwealth shall be required from said city. 

Section 3. The cost of constructing said bridge shall 
be paid by the city of Boston, and for the purpose of 
paying said cost the treasurer of said city shall from time 
to time issue notes, bonds or scrip of the city of Boston, 
inside of the debt limit of said city, to an amount not 
exceeding two hundred thousand dollars, and use the pro- 
ceeds to meet the expenses incurred under this act. Such 
scrip, notes or bonds shall bear such interest, payable 
semi-annually, not exceeding four per cent per annum, 
and shall be payable at such times, not less than ten nor 
more than forty ^ears from their date, as shall be deter- 
mined by said treasurer. 



Acts, 1899. — Chap. 281. 245 

Section 4. The city of Boston sliall maintain and p'ty of Boston 
keep said bndjje in repair, and shall maintain and operate iu repair, oper. 
the draw therein, and shall he liable under the limitations "^ ■"•'^^'ec. 
of law for all damages for which towns are liable, result- 
ing from or recovered by reason of any defect in or want 
of repair of the same. 

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

Approved April 17, 1899. 

An Act kelative to the saint john's catholic cemetery QJidj) 281 

ASSOCIATION. 

Be it enacted, etc., as follows : 

Section 1. The Saint John's Catholic Cemetery Asso- May exercise 
ciation in Clinton is hereby authorized to exercise all the eu;''ry'c'"o?por™" 
powers of cemetery corporations organized under the gen- *'°"''' '^^'^' 
eral laws of the Commonwealth, and to hold by gift, pur- 
chase or otherwise, real and personal estate necessary or 
convenient for its purposes. 

Section 2. Said corporation is authorized to remove May remove 
from Saint John's cemetery in Clinton the bodies interred bodies!"*^'^ 
therein, and to reinter the same in any lands acquired 
hereunder and used for cemetery purposes. 

Section 3. Said corporation shall take and hold the May take and 
real estate acquired under this act for a rural cemetery, ^"J'^ ■■*^'»' *'«'«'«• 
and for this purpose may lay out the same in convenient 
and suitable lots, and may construct such suitable build- 
ings and appendages as said corporation may from time 
to time deem expedient. 

Section 4. Said corporation shall have authority to May grant ex. 

■ 1 , J 1 1 ' • elusive right 

grant and convey to any person or persons the exclusive ot buriai, etc. 
right of burial in any of the aforesaid lots, and of erect- 
ing tombs and cenotaphs, and of ornamenting the same, 
upon such terms and conditions and subject to such reg- 
ulations as said corporation shall prescribe. 

Section 5. Said corporation is hereby authorized to Grants, be- 
take and hold any grant, gift or bequest of property, *!"''*'*• ^**'- 
whether made outright for the purposes of the said cem- 
etery or made in trust, to apply the same or the income 
thereof to the care or improvement of the said cemetery 
or of any lots or tombs therein, or any land adjoining 
such lots or tombs. Said corporation may give to the 
person making such gift or grant in trust, or to his rei)re- 
seutative in case of a bequest, an obligation, in such form 



246 



Acts, 1899. — Chat. 282. 



as may be agreed upon, to carry out the terms of said 
trust. 

Section 6. This act shall take effect upon its i)a8sage. 

Approved April 17^ 1899. 



Chap:282 



AsBOoiation of 
Oollegiiite 
AiiimnoB in- 
corporated. 



Powers, rights, 
duties, etc. 



Membership. 



Meetings, 
oflicers, etc. 



An Act to incoupokate thk association of collkciate alu.mn.k. 
Be it enacted, etc., as foUowti : 

Section 1. Jennie Field Bashford, Florence M. Cush- 
ing, Alice Freeman Palmer, Helen Hiscock Backus, Bessie 
Bradwell Helmer, Annie Howes Barus, Martha Foote 
Crow, Marion Talbot and Alice Upton Pearmain, their 
associates and successors, are hereby constituted a body 
corporate l)y the name of the Association of Collegiate 
Alumnse, for the purpose of uniting the alunmfe of differ- 
ent institutions for practical educational work, for the 
collection and publication of statistical and other infor- 
mation concerning education, and in general for the main- 
tenance of high standards of education. 

Section 2. Said corjioration is hereby granted all the 
powers, rights and privileges and is made subject to all 
the duties, restrictions and liabilities set forth in chapter 
one hundred and fifteen of the Public Statutes, and in all 
other general laws now or hereafter in force applicable to 
such corporations and not inconsistent with this act. 

Section 3. Said corporation may by by-law or by 
vote provide that graduates of any college, university or 
scientific school specified in such by-law or vote, or that 
any person who has received a degree in arts, philosophy, 
science or literature from such college, university or scien- 
tific school, shall be eligible to membership in said cor- 
poration. 

Section 4. Said corporation shall have authority to 
determine at what times and places, within or without the 
Commonwealth, its meetings shall be held, and the man- 
ner of notifying the members to convene at such meet- 
ings ; and also from time to time, in such manner as the 
by-laws may provide, to elect a president, vice presidents, 
directors, trustees, and such other officers as may be found 
necessary, and to declare the duties and tenures of such 
officers. Said corporation maj' provide by its by-laws 
that its officers shall be chosen by ballots distributed by 
mail or otherwise, or may provide for any other manner 
of electino- its officers. 



Acts, 1899. — Chap. 283. 247 

Sectiox 5. Branch associations may be formed accord- R ranch associa. 

1,1 , . 1 T lioiiH may be 

in<; to sucli by-laws as the corporation may ado[)t, and formed, etc, 
representation of such branch associations may be given 
in the said corporation for the election of officers and for 
such other purposes as the by-laws may provide. 

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

Appro ced April 20, 1S99. 

An Act relative to drains and water courses in the city f-^-r ooq 

OF AVALTHAM. \J I .^ O 

Be it enacted, etc., as folloirs : 

Section 1, The city of Waltham may from time to cityof wai. 
time acquire by purchase or take in fee lands within said undl.'^Yter''^ 
city, not exceeding one hundred and thirty feet in Midth, '^^"•■^es, etc. 
in the vicinity of any stream or water course, and the 
course, or any part of the course of said stream or water 
course, may be changed so as to be included within the 
taking : and the said city may, within its limits, enter 
u})on and improve or change the course or channel of any 
stream or water course, or make new channels therefor, 
and may cover, pave or enclose in retaining walls any 
stream or water course, or any part thereof. For the 
purpose of carrying out the provisions of this act said 
city may enter upon any land, street or way, and may 
do the work thereon necessary for the said purpose ; and 
may make such improvements on the land taken or pur- 
chased as above provided for as shall be deemed necessary 
for the protection of the public health and for protecting 
any stream or water course from pollution, and for pro- 
viding a sufficient channel to carry off storm water; and 
may construct such walks or ways thereon as the board 
of aldermen of said city may deem necessary. 

Section 2. The taking of land for the purposes afore- Manner of tak- 
said shall be made in the manner re(iuired by law in cases '"^' '""'^' 
where land is taken for highways. The order for such 
taking shall not be valid without the written approval of 
the mayor, signed by him within ten days after the order 
has been presented to him. The city clerk of said city, Description of 
within sixty days from the date of the approval by the l-ecord°ed!' 
mayor of any such order, shall file and cause to be re- 
corded in the registry of deeds for the southern district 
of the county of Middlesex a description of the land so 
taken, sufficiently accurate for idontitication, with a state- 
ment of the purpose for which such lands were taken. 



248 



Acts, 1899. — Chap. 283. 



Damages. 



Proviso. 



AsBesHment of 
betteruieuts. 



Certain provi- 
sions of law to 
apply. 



May exercise 
powers withiu 
the limits of 
adjoining cities 
and towns, etc. 



any 
any 
act, 
the 



Section 3. All damages sustained by the taking of 
lands under this act, otherwi.se than by purchase, or by 
the entering upon land or upon any brook or stream, and 
the doing of the acts herein authorized shall, if the per- 
son claiming them fails to agree with said city as to the 
amount thereof, be determined and recovered in the man- 
ner provided by law in the case of land taken for high- 
ways : provided, that when the proceedings are not under 
the provisions of law authorizing the assessments of bet- 
terments, in estimating the damages sustained by any per- 
son by the taking of his land or by any of the acts done 
by virtue of this act, there shall be allowed by way of 
set-oft' the benefit, if any, to the property of such person 
by reason of the im[)rovements made. 

Section 4. At any time within two years after 
brook or natural stream in said city is improved in 
of the ways mentioned in the first section of this 
under an order declaring the same to be done under 
provisions of law authorizing the as.sessment of better- 
ments, if in the opinion of the board of aldermen of said 
city any real estate in said city, including that, if any, 
of which a part is taken therefor, receives any benefit or 
advantage therefrom beyond the general advantages to all 
real estate in said city, the board may determine the value 
of said benefit 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 ad- 
vantage, nor shall the same be made until the work of 
making such improvement is completed. All laws now 
or hereafter in force in relation to the assessment and col- 
lection of betterments in the case of the laying out, alter- 
ing, widening, grading or discontinuing of ways in said 
city shall, so far as the same are applicable and not incon- 
sistent with the provisions of this act, apply to the doings 
of the board of aldermen under this act ; and all j)ersons 
upon whose estates betterments are assessed under the 
provisions of this act, who are aggrieved thereby, shall 
have the same remedies now or hereafter provided by law 
for persons aggrieved by the assessment or levy of better- 
ments in the laying out of ways in said city. 

Section 5. AVhenever it is considered necessary by 
said city, in order that work done under this act within 
its limits upon brooks and natural streams which extend 



Acts, 1899. — Chap. 284. 249 

into adjoining cities or towns may be effective, it shall 
have the risxht, subject to the provisions and for tlic })ur- 
poses of this act, to exercise all the powers herein si't 
forth within the limits of such adjoining city or town, 
upon the consent of the city or town officers authorized 
to lay out streets or ways in such adjoining- city or town : 
])vnvide(l, hoicever, that no assessments for betterments P'ovIho. 
shall be made when land is taken under this section. 
The proceedings in taking land under this section shall 
be the same as if the land taken were within the limits 
of the city takin"; the same. In estimatinj; the damasfes 
sustamed by any person by the taking of his land under 
section five of this act, or by any of the acts done by 
virtue of this act, there shall be allowed by way of set- 
off the benefit, if any, to the property of such person by 
reason of the improvements thereon made. 

Section 6. No person shall destroy or injure any Penalty for 
drainage or sewerage work of said city, or without law- d"4"iDlge work, 
ful authority pollute any natural water course therein, or *"^' 
put or maintain any obstruction in the same ; and who- 
ever violates any provision of this section shall for each 
otlenee be punished by a fine not exceeding five hundred 
dollars or by imprisonment in the house of correction not 
exceeding three months, or by both such fine and im- 
prisonment. 

Seciiox 7. Chapter one hundred and fifty-two of the Ropeai. 
acts of the year eighteen hundred and ninety-seven is 
hereby repealed. 

Section 8. This act shall take effect upon its passage. 

Approi-ed April 20, 1899. 



Cfiap.2S\: 



An Act relative to the release by the guardian op an in- 
sane MAKRIEl) MAN OK ESTATES OF TENANCY BY CURTESY AND 
RIGHTS BY STATUTE. 

Be it enacted, etc., as folloivs : 

Section 1. Section one of chapter two hundred and amended ^^' 
forty-five of the acts of the year eighteen hundred and 
eighty-six is hereby amended by inserting after the word 
"curtesy", in the fifth line, the words: — and his rights 
by statute in said real estate, — and after the word "• cur- 
tesy", in the nmth line, the words: — and rights by stat- 
ute, — so as to read as follows: — Section 1. When the Release of 

. ~ /, . ... -, . .. , erttate of an 

wiie ot an insane man is desirous of conveying any of her insane married 



250 



Acts, 1899. — Chap. 285. 



man as tenant 
by curtesy and 
rights by 



1886, 24n, § -2, 
anieiided. 



Court may 
order certain 
portion of pro- 
ceeds to be set 
aside, etc. 



real estate, whether absolutely or l)j way of mortgage, 
she may by petition, describing the same, ask leave of the 
probate court that the estate of the husband as tenant by 
the curtesy, and his rights by statute in said real estate, 
ma\' be released, setting forth the facts and reasons why 
her prayer should be granted. After notice in some news- 
paper to all persons interested and a hearing thereon the 
court, if satisfied that such estate by curtesy and rights 
by statute ought to be released, shall authorize the guar- 
dian of the husband to make such release by joining in 
any deed of conveyance to be made within five years 
thereafter, either by the wife or by a trustee for her, and 
whether such deed passes the whole or only separate par- 
cels or lots of said real estate. 

Section 2. Section two of said chapter tw-o hundred 
and forty-five is hereby amended by inserting after the 
word "curtesy", in the second line, the words: — or 
rights by statute, — so as to read as follows : — Sec- 
tion 2. If the guardian is so authorized to release the 
estate by curtesy or rights by statute of his ward and the 
probate court deems it pro{)er that some portion of the 
proceeds of such real estate, or of a sum loaned on mort- 
gage thereof, should be reserved for the use of such ward 
the court may order that a certain portion of such pro- 
ceeds or sum actually to be realized from such sale or 
mortgage, exclusive of any encumbrance then existing 
on the estate, shall be set aside and paid over to such 
guardian to be invested and held by him for the benefit 
of the husband if he survives his wife ; the income of 
such sum to be received and enjoyed by the wife during 
the life of her husband, or until otherwise ordered by the 
court upon good cause shown, and the principal to be hers 
and to be paid over to her if she survives him, and, if she 
does not survive him, to be paid over to her heirs, exec- 
utors or administrators upon his decease. 

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

Approved April 20, 1899. 



Cha7).2S5 ^^ ^^"^ '^^ PROVIDE FOR THE CONSTRUCTION OF NEW BriLPINGS 
AT THE MASSACHUSETTS HOSPITAL FOR El'ILEPTIOS. 

Be it enacted, etc., asfoUoivs: 

New buildings Section 1. The board of trustees of the Massachusetts 
^ructedatthe hos})ital for epile})tics is hereby authorized to expend a 



Acts, 1899. — Chap. 285. 251 

sum not oxceodino- eighty-five thousaiul dollars for the MassacimsettH 
foliowiiiii- purposes : — For the erection of a building suffi- c-piiepticl?"^ 
cient to acconunodate not less than twenty patients, a sum 
not exceeding ten thousand dollars ; for the erection of 
an infirmary building sufficient to accommodate not less 
than one hundred patients, besides the necessary physi- 
cians, otticers and nurses ; for the construction of a work- 
shop, and for the construction of a kitchen and dining 
room building to serve for not less than two hundred per- 
sons, a sum not exceeding seventy-five thousand dollars. 

Section 2. To meet the expenses incurred under the nosiniiii for 
provisions of this act the treasurer and receiver general Loiur"^"* 
is hereby authorized, with the approval of the governor 
and council, to issue scrip or certificates of indebtedness 
to an amount not exceeding eighty-five thousand dollars, 
for a term not exceeding thirty years. Said scrip or cer- 
tificates of indebtedness shall be issued as registered bonds 
or with interest coupons attached, and shall bear interest 
not exceeding four per cent per annum, payable semi- 
annually on the first days of May and November in each 
year. Such scrip or certificates of indebtedness shall be 
designated on the face thereof, Hospital for Epileptics 
Loan, shall be countersigned In' the governor and shall 
be deemed a pledge of the faith and credit of the Com- 
monwealth, and the principal and interest shall be paid 
at the times specified therein, in gold coin of the United 
States or its equivalent. Said scrip or certificates of in- 
debtedness shall be sold or disposed of at public auction, 
or in such other mode, and at such time and prices, and 
in such amounts (the rate of interest not to exceed the 
rate above specified), as shall be deemed best by the said 
officer. The sinking fund established by chapter three sinking fund. 
hundred and ninety-one of the acts of the year eighteen 
hundred and seventy-four, known as the Prison and Hos- 
pital Loan Sinking Fund, shall also be maintained for the 
purpose of extinguishing bonds issued under the author- 
ity of this act, and the treasurer and receiver general shall 
aj)poi-tion thereto from year to year an amount sufficient 
with the accunuilations of said fund to extinguish at ma- 
turity the debt incurred by the issue of said bonds. The 
anuHint necessary to meet the annual sinking fund require- 
ments and to pay the interest on said bonds shall be raised 
by taxation from year to year. 

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

Approced April 20, 1899. 



252 



Acts, 1899. — Chaps. 286, 287. 



GAa7).28(5 ^^ ^^"^ RELATIVE TO THE EXAMINATION OF STREET RAILWAY 

BRIDGES. 

Be it enacted, etc., as folloics : 

Sectiox 1, Tho provisions of chapter three hundred 
and thirty-four of the acts of the year eighteen hundred 
and eighty-seven, entitled *' An Act relating to the exam- 
ination of railroad bridges ", are hereby made applicable 
to street railway bridges and to the several comi)anies 
owning or maintaining the same. 

Section 2. The first report in relation to such })ridges 
shall be transmitted to the board of railroad commissioners 
on or before the first day of November in the present year. 
AYhen a street railway company builds a new bridge it 
shall first submit the plans thereof to said board for ap- 
proval, and upon the completion thereof shall forthwith 
cause to be made and transmitted to the board in like 
manner a report concerning the same. 

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

Approved April 20, 1899. 



1887, 334, to ap 
ply to street 
railway bridges, 
etc. 



Report to be 
tiansmitted to 
railroad com 
luisBioLerB, etc. 



ChClD 287 ^^ ■^^'^ "^^ AUTHORIZE THE CITY OF EVERETT TO INCUR INDEBTED- 
NESS FOR SCHOOL PURPOSES, BEYOND ITS DEBT LIMIT. 



Everett School 
Buildini: Loan, 
Act of 1899. 



Payment of 
loan. 



Not to be reck- 
oned in deter- 
mining debt 
limit. 



Be it enacted, etc., as folloics: 

Section 1. The city of Everett, for the })urpose of 
acquiring land and erecting and furnishing buildings for 
school purposes, is hereby authorized to issue from time 
to time negotiable notes or bonds to an amount not ex- 
ceeding fifty thousand dollars, denominated on the face 
thereof, Everett School Building Loan, Act of 18!)1), and 
bearing interest at a rate not exceeding five per cent per 
annum, payable semi-annually. 

Section 2. Said notes or bonds shall be payable in 
such periods, not exceeding twenty-five years from the 
dates of issue, as the city council shall determine at the 
time of their issue ; and except as herein otherwise pro- 
vided they shall be issued in accordance with the provi- 
sions of chapter twenty-nine of the Public Statutes and 
of acts in amendment thereof and in addition thereto. 
Such notes or bonds shall not be reckoned in determining 
the authorized limit of indebtedness of said city. 

Section 3. This act shall take ett'ect upon its [)assage. 

Aj^yroved April 20, 1899. 



Acts, 1899. — Chaps. 288, 289, 290. 253 



An Act to autfiokizr the nokfolk wkstekn street railway (77i«n.288 
oomtanv to cakkv the united statics mah. and to act as 
a comimon carrier of baggage anu small parcels of mer- 
chanui?;e. 

Be it enacted, etc., as follows : 

Section 1. The Norfolk Western Street Railway Com- May act as a 

. • /• 1 111 common canier 

liany may act as a common earner or oairgase and small of baggage, etc. 
parcels of merchandise, and may also carry the United 
States mail : provided, that said company shall not so act Provisos. 
in any town until authorized to do so by a two thirds vote 
of the voters of said town present and voting; upon the 
question at an annual meeting or at a special meeting duly 
called for the purpose ; and provided, further, that said 
company shall in carrying parcels be subject, to such by- 
hiws and regulations as may from time to time be made 
by such town ; and shall also be subject to the provisions 
of cha])ter seventy-three of the Public Statutes and of 
all other laws relating to common carriers. 

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

Approved 20, 1899. 

An Act for the protection of small game in the town of (JJiap.2S^ 

ESSEX. 

Be it enacted, etc., as follows : 

Section 1. Whoever takes or kills a rabbit, gra}^ ^"'\f*irae°^ 
squirrel or chipmunk, or any land bird, except the Eng- lu Essex, 
lish sparrow, and any beach or marsh birds, within the 
limits of the town of Essex in this Commonwealth, at 
any time within five years from the passage of this act, 
shall be punished l)y a fine of twenty dollars for every 
such rabbit, squirrel, chipmunk or l)ird so taken or killed. 

Section 2. This act shall take effect upon its accept- e^ect". ^'^ *''^'' 
ance by a majority of the voters of said town present and 
voting thereon at any legally called town meeting. 

Approved April 20, 1899. 

An Act to establish a fire department in the town of (7Aa».290 

NANTUCKET. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Nantucket is herebv author- N.^ntucket may 

• * <• eHtablifih a fire 

ized to establish a fire department, to consist ot an en- department. 



254 



Acts, 1899. — Chap. 290. 



Engineer, elec- 
tion, term, etc. 



Assistant engi- 
neers, appoint- 
ment, etc. 



Firemen, 

appointment, 

etc. 



Compensation. 



Purchase of 
new apparatus, 
construction of 
buildings, etc. 



gineer, twQ assistant engineer.?, and as many firemen as 
may be deemed necessary by the engineer. 

Section 2. The engineer shall serve for a term of one 
year and until his successor is elected. He shall be elected 
by the town at the annual town meeting ; but an 'engineer 
may be elected during the current year at a special town 
meeting duly called for that purpose, and if so elected his 
term shall expire at the next annual town meeting. The 
engineer shall have the sole direction and supervision of 
the fire department, and shall have supreme authority at 
all fires, including the authority to order the destruction 
of any building in order to prevent the spread of a fire. 
He shall have all the powers and perform all the duties 
of fire wards and of forest fire wards. He shall appoint 
two assistant engineers, and he may remove them at any 
time. If not so removed their terms of office shall ex- 
pire at the annual town meeting. They shall be assist- 
ants to the engineer, and shall perform such duties as he 
assigns to them. In case of absence or disability of the 
engineer he may appoint one of the assistant engineers 
to act in his stead ; and in such case the said assistant 
engineer shall have for the time being all the powers of 
the enofineer. In case the enoineer when absent or dis- 
abled fails so to authorize an assistant engineer, then the 
older of the two assistant engineers shall exercise the said 
powers ; and in case he is absent or disabled the other 
assistant engineer shall exercise them. 

Section 3. The engineer shall appoint the firemen and 
fix their number, and he may remove them at any time. 
They shall serve until the date of the next town meeting 
succeeding their appointment unless removed before that 
time. 

Section 4. The compensation of the engineer, of the 
assistant engineers, and of the firemen, shall be fixed by 
the town at the annual town meeting or at a special meet- 
ing called as aforesaid. 

Section 5. New apparatus for the fire department 
shall be purchased and buildings for the fire department 
shall be constructed, bought, leased or used only in pur- 
suance of a vote of the towai at the annual meeting or at 
a special meeting duly called for the purpose. The engi- 
neer shall have charge of such buildings and of the fire 
apparatus, and he shall procure the necessary repairs to 
be made upon the same. No money for the purchase or 
repair of apparatus, for rent or repair of buildings, for 



Acts, 1899. — Chaps. 291, 292. 255 

pay of the members of the fire department, or for any 
other purpose connected with the lire department, shall 
be paid out except upon the written order of the engineer 
and of two at least of the selectmen. No money shall be 
paid for any of the said purposes in excess of the ajipro- 
priation for the tire department, which shall be made at 
the annual town meeting or at any special meeting duly 
called to establish or reconstruct a tire department. 

Section 6. This act shall take etfect upon its accept- ^^^g^" *° *''''® 
ance by a majority of the voters present and voting thereon 
at an annual town meeting or at a special meeting duly 
called for that purpose. After such acceptance the town 
may at the same meeting elect an engineer and perform 
the other acts authorized hereby. 

Approved April 22, 1899. 



Chap,2m 



An Act to authorize the town ok wellesley to incur in- 
debtedness FOR PARK PURPOSES. 

Be it enacted, etc., asfolloios: 

Section 1. The town of Wellesley, to pay the cost May issue 

,,.,. ,,. 11/^ • notes, bonds or 

ol estabhshing a public park or parks, and of acquiring scrip, etc. 
land therefor, may incur indebtedness and may issue 
negotiable notes, bonds or scrip therefor, payable within 
such period or periods as the town may by vote deter- 
mine, not exceeding forty years from the date of issue. 

Section 2. Said town may provide for the payment i^debted*DeL 
of such indebtedness in annual proportionate payments, 
as authorized by chapter one hundred and thirty-three of 
the acts of the 3'ear eighteen hundred and eighty-two, or 
by establishing a sinking fund, as required by chapter 
twenty-nine of the Public Statutes. If the town shall 
establish such sinking fund the trustees thereof shall be 
the same persons who are trustees of the sinking fund 
established for the payment of the Wellesley water loan. 

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

Approved Ajiril 22, 1899. 

An Act relath-e to animals affected with contagious (JJinj) 292 

DISEASES. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and i«9'.i78,§2, 
seventy-eight of the acts of the year eighteen hundred 
and ninety-seven is hereby amended by striking out the 



25(i 



Acts, 1899. ~- Chap. 293. 



Animals 
affected with 
contagious 
disease to be 
disposed of, 
etc. 



whole of said section and inserting in place thereof the 
following : — Section 2. Every owner or person having 
charge of an animal in said city shall permit any health 
commissioner or health inspector of said city to examine 
such animal from time to time, and for that |)urpose to 
enter upon any premises upon which the animal is kept. 
The board of health of said city, when convinced that 
any animal is affected with either of the diseases afore- 
said, shall notify the owner or })erson having charge of 
the animal to })ermit the animal to ))e killed or otherwise 
disposed of. Any health inspector of said city who is 
also a doctor of veterinary medicine, when of the opinion 
that any animal within said city is affected with or has 
been exposed to infection from any animal having either 
of said diseases, shall notify the owner or person having 
the charge of such animal to isolate such animal in such 
manner as the board of health of said city shall prescribe, 
or to permit such animal to be taken and isolated by said 
board. 

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

Api^roved April 22, 1899. 



May construct, 
etc , a bridge 
across the 
Connecticut 
river, etc. 



(7/«ftW.293 An Act to authorize the Northampton and amherst street 

RAILWAY COMPANY TO CONSTRUCT A BRIDGE ACROSS THE CON- 
NECTICUT RIVER BETWEEN THE CITY OF NORTHAMPTON AND THE 
TOWN OF HADLEY. 

Be it enacted, etc., as follows: 

Section 1. The Northampton and Amherst Street 
Railway Company, incorporated under the provisions of 
chapter one hundred and thirteen of the Public Statutes, 
may construct and maintain a bridge across the Connecti- 
cut river between the city of Northampton and the town 
of Hadley, at such a point as will enable it to connect its 
tracks on the locations grunted or which may l^e hereafter 
granted to it by said city with the tracks on the locations 
granted or which may be hereafter granted to it by said 
town, subject to the provisions of chapter three hundred 
and forty-four of the acts of the year eighteen hundred 
and eighty-five, and may locate, construct and o{)eratc its 
railway on said bridge. 

Section 2. Said company may construct and operate 
its railway and electrical e(iuipraent in part upon such 
private land in the city of Northampton and in the towns 



May construct, 
etc., its railway 
upon private 
land, etc. 



Acts, 1899. — Chaps. 291, 295. 257 

of Hadley and Amherst as it ma}' oljtain b}' purchase or 
lease, subject to the approval and under the control of the 
board of aklermcn of said city and the selectmen of said 
towns, respectively. Said company may acquire and hold, 
by purchase or lease, all real estate necessary for its power 
station, or otherwise necessary for the proper maintenance 
and operation of its railway. 

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

Approved April 22, 1899. 



C/iaj9.294 



Ax Act to autuorize the town of melkose to appropriate 

A SUM OF MONEY FOU CELEBRATING THE TWO HUNDRED AND 
FIFTIETH ANNIVERSARY OF THE INCORPORATION OF THE TOWN 
OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. The town of Melrose is hereby authorized ^^e'''°*e.™*y 

, '^ appropriate 

to appropriate a sum ot money not exceeding one thou- money for a 
sand dollars, for the purpose of celebrating the two hun- 
dred and fiftieth anniversary of the incorporation of the 
town of Maiden ; and with the approval of the proper 
officers of the town of Melrose the treasurer of said town 
may pay said sum from any available appropriation here- 
tofore made by said town. 

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

Approved April 22, 1899. 



Chap.2^S 



An Act relative to grade crossings in the city of haverhill. 
Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and twenty-eio-ht ^^^^-''-'''etc. 
of the acts ot the year eighteen hundred and nmety and iiaveriiiii for 
acts in amendment thereof shall not, for the period of °"''^'^'"^' 
four years after the passage of this act, apply to the 
abolition of grade crossings in the city of Haverhill, and 
any action heretofore taken with a view to abolish the said 
crossings shall be void until the expiration of the said four 
years, except as hereinafter provided. 

Section 2. The mayor and board of aldermen shall ^,b';nit°edto''^ 
cause to be printed on th(! official ballot to be used at the voters at 

.... , . . ^111 1 municipal 

next municipal election the question: — "Shall grade election, 
crossings be abolished within the limits of the city of 
Haverhill?", and if a majority of the legal voters taking 
Ijart in said election vote in the affirmative then the mayor 



258 



Acts, 1899. — Chap. 296. 



and board of aldermen shall proceed in accordance with 
the provisions of said chapter four hundred and twenty- 
eight and acts in amendment thereof, to cause the aboli- 
tion of fzrade crossings within the city of Haverhill, and 
this act shall thereupon become void and of no effect. 
Section 3. This act shall take effect upon its passage. 

Approved April 22, 1899. 



Chap.29Q ^N Act to authokize the town of wareham to take cer- 
tain LAND FOR A PUBLIC PARK. 



Town of Ware- 
ham may lake 
certnin laud 
for park 
purposes. 



Description of 
land to he 
recorded. 



Damages. 



ARseesment of 
bettermeuts. 



Be it enacted, etc., as follows: 

Section 1. The town of Wareham, by its board of 
selectmen, at any time within two years after the accept- 
ance of this act, may take by purchase or otherwise and 
hold in fee, and maintain for a public park, a certain par- 
cel of vacant land within said town containing about one 
hundred and fifteen and one quarter square rods, bounded 
southerly by land of the heirs of Benjamin Fearing, west- 
erly by High street, and easterly and northerly by the 
county road or highway. 

Section 2. Said town shall within sixty days after the 
taking of the said land, otherwise than by purchase or 
gift, cause to be recorded in the registry of deeds for the 
county of Plymouth a description thereof sufficiently ac- 
curate for identification, with a statement of the purpose 
for which the same was taken, which statement shall be 
signed by the board of selectmen, and the title of the land 
so taken shall thereupon vest in the town of Wareham in 
fee. 

Section 3. Said town shall pay all damages to prop- 
erty sustained by any person by the taking of the afore- 
said land ; and any such person who fails to agree with 
said town as to the amount of such damages may have 
them assessed and determined in the manner provided by 
law when land is taken for the laying out of highways, 
on application at any time within one year from the tak- 
ing of said land. 

Section 4. At any time within two years after the 
said park is completed the selectmen of said town shall 
have the same authority to determine the value of and to 
assess upon real estate the amount of betterments accru- 
ing to said real estate l)v the construction of the said park 
which is conferred by chapter fifty-one of the Public Stat- 



Acts, 1899. — Chaps. 297, 298. 259 

utes upon city or town oiBcers authorized to lay out streets 
or ways, and tlic provisions of the first eight sections of 
said chapter shall apply to such assessments b}'^ said board 
of selectmen. 

Sectiox 5. The town of Wareham at any town meet- May appro 

J 1 11 1 r ^1 • 1 • ^ pnate money 

mg duly called ror the purpose may raise and appropriate for certain 
for the purpose of lajnng out, grading and improving the ''"'''°*®*- 
aforesaid land, a sum not exceeding five hundred dollars. 

Section G. This act shall be submitted to the said ^^^^^°*°'^''^ 
town and shall take effect upon its acceptance by a ma- 
jority of the legal voters of said town ])resent and voting 
thereon at an annual town meeting or at a special meeting 
duly called for this purpose. Approved April 25, 1899. 



Chap.297 



An Act to establish the salary of the clerk of the third 

DISTRICT court of EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Sectiox 1. The salary of the clerk of the third dis- cierk of third 
trict court of eastern Middlesex shall be sixteen hundred oreastem"'^* 
dollars a year, to be so allowed from the first day of Jan- Middlesex. 
uary in the year eighteen hundred and ninety-nine. 

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

A])proved April 25, 1899. 

An Act to ratify and confirm the laying out, widening and nj...^^ 9QQ 

ALTERING OF CERTAIN STREETS, WAYS AND HIGHWAYS, AND THE ^ "^ 

LAYING OUT OF SPECIAL SPACES THEREIN FOR THE USE OF STREET 
RAILWAY COMPANIES, IN THE TOWN OF MILTON. 

Be it enacted, etc., as foUoics : 

Section 1. The laying out, alteration and widening certain pro. 
of Brook road, Eliot street, Reedsdale road, Quarry townolMiiton, 
street. Pleasant street, Edge Hill road. White street and «»«•. ^^"fi'-med. 
Randolph avenue in the town of Milton, and a new street 
lietween Edge Hill road and Bryant avenue, and the lay- 
ing out of special spaces for street railway use in the said 
ways and highways, and all the proceedings of the town 
of ]\IiIton and its selectmen and committees and officers, 
and of the county commissioners of Norfolk county in 
relation thereto, and especially the alterations and changes 
in widening Edge Hill road and in laying out the s})ecial 
space therein, made by the selectmen and the special com- 
mittee appointed by the town at its annual meeting in 



200 



Acts, 1899. — Chap. 299. 



Certain stveeti 
etc., lawfully 
eatablUhed. 



March in the year eighteen hundred and ninety-eight, are 
hereby ratified and confirmed. 

Section 2. The several streets and ways so laid out, 
altered and widened, with the special reserved spaces 
therein, according to said proceedings and the plans and 
descriptions accompanying the same now filed in the reg- 
istry of deeds for the county of Norfolk are declared to 
be as duly and lawfully established under the provisions 
of law authorizing the assessment of betterments as if 
the descriptions and plans of the lands purchased or taken 
therefor had been duly filed, as provided by chapter one 
hundred and thirty-four of the acts of the year eighteen 
hundred and ninety-eight. 
Time extended. Section 3. The time withiu which application may 
be made for a jury to assess the damages sustained by 
any person by such changes, laying out, alteration or 
widening is extended to one year, and the time within 
which betterments may be assessed is extended to two 
years from the passage of this act. 

Section 4. This act shall take effect upon its passage. 

Approved April 25, 1S99. 



Textile schools 
may be estab- 
lished, etc., in 
certain cities. 



ChupJ^S)^ An Act relative to the establishment of textile schools. 

Be it enacted, etc., as follows : 

Section 1. Whenever the mayor of any city in this 
Commonwealth files a certificate with the commissioner 
of corporations that there is in operation in such city four 
hundred and fifty thousand or more spindles, not less than 
seven nor more than twenty persons, citizens of this Com- 
monwealth, may associate themselves by an agreement in 
writing for the purpose of establishing and maintaining 
a textile school in such city, for instruction in the theory 
and practical art of textile and kindred branches of in- 
dustry, with authority to take, by gift or purchase, and 
hold personal and real estate, to the amount of three hun- 
dred thousand dollars. A copy of said agreement, with 
the signatures thereto, sworn to by any one of the sub- 
scribers, shall be submitted to the governor, and if he 
shall certify his approval of the associates as persons 
suitable for the purposes of their association and of this 
act said associates shall for said purposes, after due or- 
ganization by the adoption of by-laws and the election 
of officers, and after tilinsr a certificate of such or<raniza- 



Acts, 1899. — Chap. 299. 261 

tion and the certificate of the approval of the governor 
with the secretary of the Commonwealth, be a corpora- 
tion, with all the powers and privileges and subject to all 
the duties and obligations of corporations organized for 
educational purposes under chapter one hundred and fif- 
teen of the Public Statutes. Such corporation shall be corporation to 
known as the trustees of the textile school of the place trust" eroMhe 
in which it is situated, and shall have power to fill all t^^^^'e «chooi, 
vacancies in its number, however occurring, except as 
otherwise provided in this act. There shall be only one 
school incorporated under the provisions of this act in 
any one city. 

Section 2. Any city in which such a corporation is cuymayap. 
organized may appropriate and pay to it a sum of money mone"t*etc. 
not exceeding twenty-five thousand dollars, and upon the 
appropriation and payment of said sum or any part thereof 
by any such city the mayor and superintendent of schools 
for the time being of such city shall become members of 
said corporation, and the mayor and superintendent of 
schools of such city shall thereafter be members of such 
corporation. 

Section 3. Whenever any such city shall appropriate commonwealth 

-I , 1 .' n to appropriate 

and pay to any such corporation any sum or money, or money, etc. 
whenever the trustees or members of any such corporation 
shall pay into its treasury, for the establishment and main- 
tenance of such school, any sum of money, there shall be 
appropriated and paid to said corporation from the treas- 
ury of the Commonwealth a sum equal to the total amount 
so appropriated and paid ; but in no case shall there be 
paid to any such corporation by the Commonwealth any 
sum exceeding twenty-five thousand dollars ; and upon the 
appropriation and payment of any sum of money by 
the Commonwealth for the purposes of any such school 
the governor shall, with the advice and consent of the 
council, appoint two persons to be members and trustees 
of the corporation, for two and four years respectively, 
and thereafter such persons and their successors by like 
appointment shall be members of said corporation. The 
governor, with the advice and consent of the council, 
shall fill all vacancies occurring in the membership created 
by this section. 

Section 4. This act shall take effect upon its passage. 

Approved April 25, 1899. 



262 



Acts, 1899. — Chaps. 300, 301. 



(7^Q5W.300 An -'^ct to authorize the city of fall river to incur in- 
debtedness FOR A textile SCHOOL BEYOND THE LIMIT FIXED 
BY LAW. 



May incur in- 
debtedness 
beyond debt 
limit, etc. 



Certain sum 
may be appro- 
priated. 



Be it enacted, etc. , as folloivs : 

Section 1. The city of Fall River may incur indebt- 
edness beyond the limit fixed by law to an amomit not 
exceeding fifty thousand dollars, for the purpose of ac- 
quiring land for a textile school and of constructing and 
equipping the same ; but, except as to the said limit, the 
provisions of chapter twenty-nine of the Public Statutes 
and of all acts in amendment thereof shall, so far as they 
may be applicable, apply to the indebtedness hereby au- 
thorized and to any securities issued therefor. 

Section 2. Said city is hereby authorized to appro- 
priate the sum of fifty thousand dollars for the aforesaid 
purpose ; but nothing in this act shall be construed as 
authorizing the payment from the treasury of the Com- 
monwealth, for the same purpose, of any sum in excess 
of that authorized by statute in such cases. 

Sections. This act shall take etfect upon its passage. 

Approved April 25, 1899. 



Chap.301 



1S98,414, 
amended. 



Probate court 
may require 
special ad- 
ministrators to 
do certain acts 
relating to prop- 
erty in their 
charge. 



An Act relative to special administrators. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter four hundred and fourteen of 
the acts of the year eighteen hundred and ninety-eight 
is hereby amended by striking out all after the word 
*' jurisdiction ", in the first line, down to and including 
the word "ninety-three", in the fifth line, and inserting 
in place thereof the words : — upon such notice as it may 
deem reasonable, — so as to read as follows : — The pro- 
bate court in any county shall have jurisdiction, upon such 
notice as it may deem reasonable, to authorize or require 
any special administrator appointed l)y it to do such acts 
relating to any property or estate in his charge as such 
administrator, as in the opinion of said court the interest 
of said })roperty or estate may require ; but nothing herein 
contained shall be interpreted as giving to special admin- 
istrators other or greater powers than those now ])Ossessed 
by administrators, except that the special administrator 
may be authorized to continue the business of the deceased 
for the benefit of his estate. 



Acts, 1899. -- Chaps. 302, 303. 263 

Section 2. This act shall not affect any proceedings Pending pro. 

-. ^ I o ceedings not 

now pendino:. affected. 

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

Approved April 25 ^ 1899. 



An Act relative to the placing of officers upon the re- (JJia'n.^O'^l 

TIRED LIST. 

Be it enacted, etc., as follows. • 

Section 1. An}' commissioned officer who was in the certain officers 
militia service on the first day of July in the year eight- ITpon r'etireT 
een hundred and ninety-seven, and who served in the ''*'• 
army or navy of the United States at any time during 
the war of the rebellion and was honorably discharged, 
may, with the approval of the commander-in-chief, be 
placed upon the retired list, under the same conditions 
and with the same rank as he would have if retired after 
the passage of chapter eighty-four of the acts of the year 
eighteen hundred and ninety-eight. 

Section 2. Any officer mentioned in section one of Rank to be 

1 • 1 1- 1 n 1 • 1 given certain 

this act, it now upon the retired list, shall be given the officers. 
same rank which he would have if retired after the pas- 
sage of said chapter eighty-four. 

Approved April 25, 1899. 



An Act to authorize the city of hoston to incur indebted- (7^(jn.303 

NESS outside TFIE DEBT LIMIT FOR THE PURPOSE OF CONTINUING 
THE CONSTRUCTION OF ITS PUBLIC PARKS. 

Be it enacted, etc., asfolloivs: 

Section 1 . The board of park commissioners of the May issue 
city of Boston shall continue the construction of the purposes'! eu;. 
public parks of said city, other than playgrounds ; and 
to pay the cost thereof, including payments for land, the 
treasurer of the said city shall from time to time, on re- 
quest of the mayor, issue bonds of the city to the amount 
of five hundred thousand dollars. Said bonds shall not 
be reckoned in determining the debt limit of said city : 
provided, Jioirever, that no part of said bonds shall be Proviso. 
used for the payment of land not already taken or pur- 
chased. 

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

Approved April 25, 1899. 



264 



Acts, 1899. — Chap. 304. 



ChCll). 304: -^^ ■^^'^ ^^ INCORPORATE THE PURCHASERS OF THE KRANCHISE 
AND PROPERTY OF THE NEWBURYPORT AND AMESBURY HORSE 
RAILROAD COMPANY, 



Citizens' Elec 
trie Street 
Railway Com- 
pany incor- 
porated. 



May acquire 
certain iran- 



Be it enacted, etc., as foHoics : 

Section 1. Edward P. Sha\y, Albert D. Bosson, John 
H. Cunningham, Phhieas W. Sprague and William M. 
Butler, the purchasers and grantees of the purchasers of 
the franchise and property of the Newburyport and Ames- 
bury Horse Railroad Company, at a sale thereof hereto- 
fore made pursuant to an order of the circuit court of the 
United States for the district of Massachusetts in a suit 
in equity entitled, "Mechanics Savings Bank vs. New- 
buryport and Amesbury Horse Railroad Company ", their 
associates and successors, are hereby made a corporation, 
by the name of Citizens' Electric Street Railway Com- 
pany, with the powers and privileges and subject to the 
duties, liabilities and restrictions set forth in this act and 
in the general laws that now are or hereafter may be in 
force relating to street railway companies. 

Section 2. Said corporation may acquire and hold 
chise, property, the franchise, railways, equipment, rights and other prop- 
erty, real and personal, now or lately belonging to the 
said Newburyport and Amesbury Horse Railroad Com- 
pany, may complete said railway and the equipment 
thereof, may make necessary additions to said railway 
and property, and may maintain and operate the same 
subject to the provisions of the general laws aforesaid. 

Section 3. The capital stock of said corporation shall 
be one hundred and ninety thousand dollars, and in addi- 
tion thereto the said corporation may from time to time 
issue further capital stock and bonds ; but only such 
amounts of stock or bonds shall be issued and for such 
purposes only as may from time to time be authorized 
by the board of railroad commissioners, in accordance 
with the general laws applicable to such issues by street 
railway companies. 

Section 4. This act shall take eflfect upon its passage. 

Approved April 26, 1899. 



Capital Btock, 
etc. 



Acts, 1 899. — Chaps. 305, 306. 265 



An Act to authorize the city of fitchbcrg to inocr indebt- (7^q7j.30o 
edness for hospital buildings, beyond the limit fixed by 

LAW, 

Be it enacted, etc., as folloios : 

Sectiox 1. The citj of Fitchburof, for the purpose May incur in- 
of erecting hospital buildings and grading the grounds beyo'ucTdebt 
about the same, as contemplated in the bequest made by bond's' etc! 
the will of Gardner 8. Burbank, late of said city, de- 
ceased, 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 
periods, not exceeding fifteen years from the date of issue, 
and shall bear such rate of interest, not exceeding four 
per cent per annum, payable semi-annually, as the city 
council shall determine. 

Section 2. From the first money received by said debtTdnes"//"" 
city, or by any one in its behalf, under said will of Gard- 
ner S. Burbank, the sum of one hundred thousand dol- 
lars shall be set aside, invested and held by the city as a 
fund with which to pay and retire said bonds, notes or 
scrip at the earliest time at which they may legally be 
redeemed and paid : provided, however, that from the sum Proviso, 
received under said will by said city, or received by any 
person or corporation in its behalf, no deduction or allow- 
ance shall be made for any interest paid on account of 
money borrowed and expended by said city under the 
authority of the preceding section. 

Section 8. This act shall take effect upon its passage. 

Approved April 26, 1899. 

An Act relative to certain suits for damages for property (7^^>9.30(3 
taken by the metropolitan water board. 

Be it enacted, etc., as folloios: 

Section 1. In any case where the lands, ponds, res- Petitions for 

. '' , J , , i. i- damages for 

ervoirs, water sources, aqueducts or other property oi any property taken 
city or town, taken or used by the Commonwealth under poiuanTat'er 
authority of chapter four hundred and eighty-eight of the ^'^^''^• 
acts of the j^ear eighteen hundred and ninety-five, are sit- 
uated in more than one county, all petitions for damages 
authorized by said act which are now pending, or which 
may hereafter be brought, including petitions for dam- 



266 



Acts, 1899. — Chap. 306. 



OommisBionern 
to determine 
damages, ap- 
pointment, 
duties, etc. 



Damages may 
be determined 
by a jury iu 
certain cases, 
etc. 



ages caused by cancellation of the contracts mentioned 
in section seven of said statute, shall be consolidated and 
entered as one petition in the office of the clerk of the 
superior court for the county of Norfolk, and the su})erior 
court for said county shall have exclusive jurisdiction 
thereof. 

Section 2. In all such cases the court, upon applica- 
tion of either party, shall appoint three commissioners, 
who shall hear the parties and their evidence and make 
report of their findings to the court, and the findings of 
fact in such report shall be prima facie evidence thereof in 
any jury trial claimed as provided by statute. Said com- 
missioners shall, at the request of either party, report their 
rulings upon all matters of law arising upon the hear- 
ing before them. Upon the return of the report the 
court may, at the request of either party, report for the 
determination of the supreme judicial court such ques- 
tions of law presented by the report of the commissioners 
as either party may designate ; and thereupon, in case 
the rulings of the commissioners on such questions of 
law shall be rejected or modified by the supreme judicial 
court, the case shall be remanded to the commissioners, 
who shall, after hearing the arguments of the parties, file 
a final report determining and awarding damages sus- 
tained by the city or town, as aforesaid, in conformity 
with the opinion of the supreme judicial court upon such 
questions of law. If either party shall be dissatisfied 
with the amount of damages thus awarded by the com- 
missioners such part}^ niay, within thirty days after the 
return of the final report of the commissioners, file a 
notice in writing claiming a jury trial ; and thereupon 
the damages sustained by the city or town shall be de- 
termined by a jury in the superior court for said county. 
The expense of said hearings for stenography, printing 
and compensation of the commissioners shall be paid 
equally by the parties to the proceeding. 

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

Approved April 27, 1899. 



Acts, 1899. — Chap. 307. 267 



An Act to authorize an exchange or land in waltham by (Jliap.307 

THE trustees OF THE MASSACHUSETTS SCHOOL FOR THE FEEBLE- 
MINDED. 

Be it enacted, etc., as follows: 

Section 1. The IVIassachusetts School for the Feeble- TheMa-sachu- 

--.,, I'll ij I setts bchool 

minded is herel)y authorized and empowered to exchange for the Feeble- 

a certain parcel of hind owned by the Commonwealth, ™xchimg™a^ 

situated in Waltham, being the southwesterly part of the of'iaiidln'^wai- 

estate owned by the Commonwealth in said city, contain- tham, etc 

ing about one and forty-nine one hundredths acres, and 

bounded and described as follows: — Beginning at the 

northwesterly corner of the granted premises, at a stone 

bound set in a wall marking the division line between 

lands of the Commonwealth and of Cornelia Warren ; 

thence running southeasterly, four hundred and sixteen 

and forty-six one hundredths feet, to a atone bound ; 

thence deflecting northerly, live degrees and forty minutes, 

and running one hundred and twenty-eight and thirty-six 

one hundredths feet, by land of the Commonwealth, to a 

stone bound ; thence running southwesterly, one hundred 

and fourteen and sixty-six one hundredths feet, to a drill 

hole in the wall, twenty feet westward from a stone bound 

set in the wall ; thence running northwesterly, by land of 

Cornelia Warren, in an irregular line as the wall stands, 

five hundred and fifteen and fifty-five one hundredths feet, 

more or less, to a drill mark at the intersection of two 

walls ; thence running northeasterly, by land of Cornelia 

Warren, as the wall stands, one hundred and twenty-one 

and eighty-five one hundredths feet, more or less, to the 

stone bound at the point of beginning, — for a certain 

parcel of land owned by Cornelia Warren, situated in 

Waltham and adjoining land owned by the Commonwealth 

and occui)ied by said school, and bounded and described 

as follows : — Beginning at a stone bound set in a wall 

• 1 • 

marking the boundary line between lands of Cornelia 

Warren and the Commonwealth ; thence running north- 
westerly, bounded southwesterly by other land of Cornelia 
Warren, four hundred and forty and eight tenths feet, more 
or less, to a stone bound set in a wall ; thence running 
northeasterly, as the wall now stands, Iwunded north- 
westerly by land now or formerly of Lawrence, three 
hundred and sixty and seven tenths feet, more or less ; 
thence running southeasterly, as the wall now stands, 



268 Acts, 1899. — Chap. 308. 

bounded northeasterly by land now or formerly of Law- 
rence, four hundred and iifty and four tenths feet, more 
or less ; thence running southwesterly, as the wall now 
stands, bounded southeasterly by lands of Baldwin and 
of the CommonvTealth, three hundred and eighty-eiiiht 
and seven tenths feet, more or less, to the point of begin- 
ning, — containing three and eighty-six one hundredths 
acres, more .or less, as shown by a plan of the same 
drawn by P. M. Burbank, surveyor, and dated September 
12, 1898. 
Conveyance SECTION 2. The trcasurcr of the Massachusetts School 

for the Feeble-minded may execute and deliver the deed 
in the name and on behalf of the Commonwealth convey- 
ing to Cornelia Warren the first described parcel of land, 
and shall receive in exchange therefor from the said Cor- 
nelia Warren, and shall deliver to the treasurer of the 
Commonwealth, the deed duly executed l)y her, convey- 
ing to the Commonwealth the last described parcel of 
land. 

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

Apjrroved AjjtH 27, 1899. 

ChctV 308 -^^ ^^^ RELATIVE TO ORDERS, RULES AND REGULATIONS MADE BY 
THE STATE BOARD OF HEALTH OR BY THE METROPOLITAN WATER 
BOARD. 

Be it enacted, etc. , as follows : 
Publication of SECTION 1. The publication of any order, rule or 
rules, etc., to be regulation made by the state board of health, under au- 
deemed legal ^j^q^.j^-^ ^^ chaptcT tivc hundred and ten of the acts of the 
year eighteen hundred and ninety-seven, for the i)urpose 
of preventing the pollution and securing the sanitary pro- 
tection of the waters and tributaries named therein used 
as sources of water supply, or the publication of any 
order, rule or regulation made either by the metropolitan 
water board or by the state board of health for the sani- 
tary protection of the waters used by the metropolitan 
water board for the water supply of any city, town or 
water company, under the provisions of chapter four hun- 
dred and eighty-eight of the acts of the 3'ear eighteen hun- 
dred and ninety-five, in a newspaper of the city or town 
in which such order, rule or regulation is to take effect, 
shall be deemed legal notice to all persons. If no news- 
paper is published in the city or town in which any such 
order, rule or regulation is to take effect, the posting of 



notice. 



Acts, 1899. — Chaps. :509, 310. 269 

a copy thereof in some public place in said city or town 
shall be deemed legal notice to all persons. 

Section 2. The affidavit of a person causing a notice Evidence of 
to be so published or posted, being filed and recorded, 
with a copy of the notice, in the office of the clerk of any 
city or town in which any such order, rule or regulation 
is to take etiect, shall be deemed evidence of the time, 
place and manner in which the notice was given. 

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

Approved April 27, 1899. 



Cha2J.309 



An Act kelative to the annual report of the commissioners 

of prisons. 
Be it enacted, etc., as foUoics : 

Section 1. Section seven of chapter three hundred '^^*' f^,- § ■^• 

. , i amended. 

and ninety -three ot the acts of the year eighteen hundred 
and ninety-four is hereby amended by striking out the 
words "one thousand seven hundred and fifty", in the 
first and second lines of that part of the section which 
refers to the report of the commissioners of prisons, and 
inserting in place thereof the words : — two thousand, — 
so that the paragraph will read as follows: — Report of KmmL^°'"'' 
the board of commissioners of prisons, two thousand «>o"er8 of 
copies ; of that portion of said report referring to the increased. 
reformatory prison for women, five hundred copies for 
the use of the su[)erintendent; of that portion referring 
to the state prison, five hundred copies for the use of the 
warden ; of that portion referring to the Massachusetts 
reformatory, five hundred copies for the use of the super- 
intendent ; and of that portion referring to the agent for 
aiding discharged convicts, two hundred and fifty copies 
for the use of said agent. 

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

Approved April 27, 1899. 



An Act to provide for the retirement op justices of the njjQj) 3^0 

SUPREME judicial COURT AND OF THE SUPERIOR COURT. 

Be it enacted, etc., as follows : 

Section 1. Any iustice of the supreme iudicial court Retirement of 

*^ -*- *' iusticcs of 

or of the superior court who shall resign his office after supreme and 
having attained the age of seventy years and after having afterTavl'ng'^ 
served in either or both of said courts at least ten con- ageoTsevLnty 
secutive vears shall, during the remainder of his natural yeare, etc. 



270 Acts, 1899. — Chap. 311. 

life, receive an amount equal to three fourths of the salary 
by law payable to him at the time of his resignation, to 
be paid from the treasury of the Commonwealth in the 
same manner as the salaries of acting justices are paid. 
af°er^hav*^Dg'' Sp:ction 2. Any justicc of either of said courts who, 

attained the age after haviuo- attained the ao-e of sixty years and after hav- 

oi Bixty years r* ^ , , , ^ , 

in certain cases, jng scrvcd in either or both of said courts at least fifteen 
consecutive years, shall have become incapacitated from 
the full discharge of his duties as such justice b}^ reason 
of sickness or otherwise may, with the approval of the 
governor and council, resign his office under the provi- 
sions of this section, and shall thereupon during the re- 
mainder of his natural life receive an amount ecjual to 
three fourths of the salary Avhich was l)y law payable to 
him at the time of his resignation, to be paid from the 
treasury of the Commonwealth in the same manner as the 
salaries of acting justices are paid. 

Repeal. SECTION 3. Chapter one hundred and sixty-two of the 

acts of the year eighteen hundred and eighty-five and 

chapter four hundred and twenty of the acts of the ^ear 

eighteen hundred and eighty-seven are hereby repealed. 

Section 4. This act shall take eflTect upon its passage. 

Approved April 28, 1899. 

Chap.^W ^^ -^CT RELATIVE TO THE ALLOWANCE TO BE PAID IN CERTAIN 
CASES TO TUB WIDOW AND CHILDREN OF A DECEASED PERSON. 

Be it enacted, etc., as follows : 

rmended.^^^' SECTION 1. Scctioii thirteen of chapter one hundred 
and thirty of the Public Statutes is hereby amended by 
striking out the Avhole of said section and inserting in 
Advancement placc thcrcof the followiug : — Section 13. Upon the 
chiTdfenVit of petition of the widow or of any child of the deceased 
oTs^ec^a^ad-"'*' ^hc probatc court may, after notice to all parties interested, 
ministiator. make a reasonable allowance out of the real or jiersonal 
estate in the hands of a special administrator appointed 
on account of the pendency of a petition concerning the 
probate of a will or concerning the appointment of an 
administrator or of an administrator Avith the will an- 
nexed, as an advancement for the support of such widow 
or children, nut exceeding such portion of the estate as 
they would finally be entitled to. 

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

Approved Ajiril 28, 1899. 



Acts, 1899. — Chaps. 312, 313, 314, 315. 271 



An Act in addition to an act making an appropriation for njinji 319 

DEFICIENCIES IN APPROPRIATIONS AUTHORIZED IN THE YEAR "' 

EIGHTEEN HUNDRED AND NINETY-EIGHT. 

Be it enacted^ etc.^ as follows: 

Section 1. The sum of five hundred fifty-one dollars Lyman and 
and eighty cents is hereby appropriated, to be paid out school's? 
of the treasury of the Commonwealth from the ordinary 
revenue, for the payment of certain bills in excess of the 
appropriations therefor, incurred by the trustees of the 
Lyman and industrial schools for the boarding out of chil- 
dren in the year eighteen hundred and ninety-eight. 

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

Approved April 28, 1899. 

An Act to provide for two additional associate justices njidj) 31 3 

OF THE MUNICIPAL COURT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. There shall be appointed in the manner Additional 
provided by the constitution two additional associate jus- ucesTf nu"* 
tices of the municipal court of the city of Boston, who "rBoston"'^* 
shall be paid in the manner provided by law the salary 
established by law for an associate justice of said court ; 
so that the said court shall be composed of one chief jus- 
tice, seven associate justices and two special justices. 

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

Approved April 28, 1899. 

An Act to establish the salary of the justice of the dis- Ohnj) 314- 

TRICT court of CENTRAL BERKSHIRE. 

Be it enacted, etc. , as follotvs : 

Section 1. The salary of the justice of the district J'?»t><=e °^ ''j^- 

«'•' 1111 tnct court or 

court of central Berkshire shall be two thousand dollars central Berk- 
a year, to be so allowed from the first day of January in * 
the year eighteen hundred and ninety-nine. 

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

Approved April 28, 1899. 

An Act to establish the salaries of the justice and clerk 
OF the police court of fitchburg. 

Be it enacted, etc., as folloics : 

Section 1. The salary of the justice of the police Justice and 
court of Fitchburg shall be eighteen hundred dollars a co*i[rtofFUcht 

burg. 



ClmpM^ 



272 



Acts, 1899. — Chaps. 316, 317. 



year, and the salary of the clerk of said court shall be 
twelve hundred dollars a year, to be so allowed from the 
first day of January in the year eighteen hundred and 
ninety-nine. 

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

Approved April 28, 1899. 



ChapMQ 



Crime of 
larceny defined. 



Not to apply to 
purchase of 
property by 
means of a false 
pretence in cer- 
tain cases. 



Pending cases, 
etc., not 
affected. 



To take effect 
July 1, 1899. 



An Act to define the crime of larceny. 
Be it enacted, etc. , as follows : 

Section 1. Whoever steals or, with intent to defraud, 
obtains by a false pretence the money or personal chattel 
of another, or whoever unlawfully and with intent to steal 
or to embezzle converts to his own use or secretes with 
intent to convert to his own use the money or personal 
chattel of another, whether such money or personal chat- 
tel is or is not in his possession at the time of such con- 
version or secretion, shall be guilty of larceny, and may 
be indicted and punished for that crime. 

Section 2. The preceding section shall not apply to 
any purchase of property by means of a false pretence 
relating to the purchaser's means or ability to pay, when 
by the terms of the })urchase payment for the same is not 
to be made upon or before the delivery of the property 
purchased, unless such pretence is made in writing and 
signed by the party to be charged. 

Section 3. Nothing herein shall apply to or affect 
pending cases, or any act done or crime committed or 
any penalty incurred before this act takes effect ; and the 
provisions of existing laws as to such cases, acts, crimes 
and penalties shall continue to be in force, notwithstand- 
ing the passage of this act. 

Section 4. This act shall take effect on the first day 
of July next. Ap>2)roved April 28, 1899. 



(7A«X).317 ^^ ^^^ ^^ LEGALIZE AND CONFIRM 



Election of n. 
board of hciilth 
In Plymouth 
confirmed. 



THE ELECTION OF A HOARD 
OF HEALTH IN THE TOWN OF PLYMOCTH. 

Be it enacted, etc., as folloivs : 

Section 1. The action of the town of Plymouth in 
electing by ballot at its annual meeting in March in the 
year eighteen hundred and ninety-nine, a board of health 
consisting of five persons to serve for the ensuing year, 
is hereby legalized and confirmed. 

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

Approved April 28, 1899. 



Acts, 1899. — Chap. 318. 273 



An Act to iNcoia'ORATK the trustkes of the havekhill QJinry 31 g 

YOUNG men's christian ASSOCIATION. "' 

Be it enacted, etc., as follows : 

Section 1. Ubeit A. Killam, John E. Gale, Benjamin TheTrnstee* 
F. Leighton, Herbert B. Newton and the president of the Youn^'if m en-V 
Haverhill Young Men's Christian Association for the time SauonlCcti'.^"' 
being, and their successors in trust, are hereby made a p°'"»te'i- 
corporation by the name of The Trustees of the Haverhill 
Young Men's Christian Association, for the purposes here- 
inafter set forth and none other, 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 
hereafter may be in force in relation to such corporations. 

Sectiox 2. Said corporation shall have authority to Gifts, devises, 
hold in trust and administer such real and personal estate '^**^' 
as maj' be given, granted, conveyed, bequeathed or devised 
to it and accepted by it for the benefit of the Haverhill 
Young Men's Christian Association, and the furtherance 
of the purposes for which said association was established, 
or any purpose connected therewith, to an amount not 
exceeding in all two hundred and fifty thousand dollars : 
provided, that the principal and interest of every gift. Provisos. 
devise or bequest shall be appropriated according to the 
terms thereof, under the direction of said corporation. 
The trustees shall permit said association to occupy and 
use such premises and buildings as are provided for its 
work and are owned by said trustees, free of rent or 
charge ; and provided, also, that the said association shall 
pay all taxes, water rates and assessments which may be 
at any time assessed or levied upon said premises, and 
shall keep such buildings insured and in good order and 
repair. 

Section 3. The real and personal estate of said cor- To be exempt 
poration shall be exempt from taxation to the same ex- 
tent as if it were held in the name of and belonged to 
the said Haverhill Young Men's Christian Association. 

Section 4. The trustees or a majority of them may. Trustees may 
with the concurrent vote of a majority of the directors eny.etc. 
of said association, sell, convey or mortgage any prop- 
erty or estate, real or personal, held by them as aforesaid, 
free and discharged of all trust. 

Section 5. The trustees shall be subject at all times Trustees to be 
to the control of the proper courts of equity in this Com- troi of certaio 

courts, etc. 



274 



Acts, 1899. — Chap. 319. 



monwealth, and in case of a vacancy or vacancies caused 
by death, resignation or otherwise, the same shall be filled 
by the board of directors of said association, with the 
approval in writing of a majority of the remaining 
trustees. 

Section 6. This act shall take effect upon its passage. 

Approved April 28, 1899. 



Chap.SlQ ^ -^CT RELATIVE TO MAKING CONNECTIONS 0¥ ESTATES WITH 

SEWERS. 



Cities and 
towns may 
make appro- 
priations for 
connecting 
estates with 
public sewers. 



Proviso. 



Certain estates 
to be connected 
with public 
sewers. 



AfiscseraentB, 
etc., to con- 
stitute a lien 
upon real 
estate. 



Proviso. 



Be it enacted, etc., as follows : 

Section 1. Any city or town may make an appropria- 
tion for connecting estates within its limits with public 
sewers, and if such an appropriation is made in any year 
by a city or town no estate therein shall, in that year, be 
connected with a public sewer, exce})t in the manner here- 
inafter provided. Such city or town may issue its bonds 
or notes for a term not exceeding three years, and use the 
proceeds thereof to pay the cost of making such connec- 
tions, and if said bonds and notes are so issued it shall 
apply the assessments hereinafter provided for to the pay- 
ment of such bonds or notes : providedy that in the city 
of Boston any appropriation or loan made under the pro- 
visions of this section shall be made inside the debt limit 
established for said city. 

Section 2. Whenever the board of health of a city 
or town making such appropriation shall order any real 
estate therein abutting upon a public way in which a public 
sewer has been laid to be connected with such sewer, or 
whenever the owner of any such real estate shall make to 
the board or officer authorized to lay sewers application 
to connect his estate with a public sewer, such board or 
officer shall forthwith make such connection and shall 
assess the expense thereof upon such real estate. 

Section 3. Every such assessment, with interest 
thereon from the thirtieth day after the completion of 
such connection, to the first day of November of the 
ensuing year, shall constitute a lien upon the real estate, 
and shall be added to and collected as a part of the gen- 
eral tax for the ensuing year upon such real estate : pro- 
vided, Jioivever, that if the owner of such real estate shall 
■within thirty days after notice of such assessment request 
in writing the board of assessors of the city or town to 



Acts, 1899. — Chap. 320. 275 

apportion the assessment, said board shall apportion the Proviso. 
same into not less than three nor more than five equal 
parts, and shall in the ensuing year add one of said parts, 
with interest on the total assessment from the thirtieth 
day after the completion of said connection, to the first 
day of November of such ensuing year, to the general 
tax for that year on such real estate, and in every year 
thereafter shall add one of said parts, with one year's in- 
terest on the unpaid part of the total assessment, to the 
general tax for that year on such real estate, until an 
amount equal to the entire amount of such assessment 
with interest from said thirtieth day has thus been added, 
and each of said parts and interest as aforesaid shall con- 
stitute a lien upon the real estate and be collected in the 
same manner and as a part of the general taxes upon such 
estate. 

Section 4. Any such owner may at any time pay any unpaid balance 
balance of the assessment and interest remaining unpaid. ™n'*/ti'me.'"'' ''^ 

Section 5. Any city or town may require that any Applicants may 

]• , £• i" e I ' 1 J J 'ii be required to 

applicant tor a connection oi his real estate with a sewer advance a cer- 
shall pay in advance a sum equal to the estimated assess- **"^^"™- 
ment therefor, and shall apply any sum so advanced to 
the payment of such assessment, and repay the balance, 
if any, to the person making such advance. 

Section 6. This act shall take effect upon its passage. 

Approved Aptril 29, 1899. 

Ax Act relatrk to the regulation of electric wires. C'A«».320 
Be it enacted, etc., as follows : 

Section two of chapter four hundred and four of the i89o.404, §2, 
acts of the year eighteen hundred and ninety is hereby '""''° 
amended by striking out the whole of said section and 
inserting in place thereof the following: — Section 2. ^^,'^^^l°l^^ 
Every such person and corporation shall, in the several attached to 
cities within six months after the appointment of the ^"^^ " 
officer hereinafter provided for, affix at the points of 
support at which any such wire or cable containing wires 
is attached, a tag or mark distinctly designating the owner 
or user of such wire or cable. No such tag or mark shall 
be required for the wires of a street railway company, ex- 
cept for its feed wires at points of attachment to poles 
carrying the feed wires of one or more other street rail- 
way companies. A2:)2^roved April 29, 1899. 



276 Acts, 1899. — (Jiiaps. 321, 322, 323. 



C%a».321 A^ ^f^T TO RELIEVE THE KECEIVERS OF THE HAMPSHIRE SAVINGS 
BANK OK NORTHAMPTON FROM THE PAYMENT OF A CERTAIN TAX. 

Be it enacted, etc., as follows : 

remutedf'' SECTION 1. The tax assessecl on account of the aver- 

age amount of deposits in the Hampshire Savings Bank 
of Northampton for the six months preceding the tirst 
day of November in the year eighteen hundred and ninety- 
eight, under the provisions of section twenty of chapter 
thirteen of the Public Statutes and of chapter one hun- 
dred and sixty of the acts of the year eighteen hundred 
and ninety, is hereby remitted. 

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

Approved April 29, 1899. 

Ckap.i^22 ^^ ^CT RELATIVE TO THE POWERS OF THE SCHOOL COMMITTEE 

OF THE CITY OF LAWRENCE. 

Be it enacted, etc., as follows : 

m*iuee^of*L,'aw. Sectiox 1. The school Committee of the city of 
rence, powers, Lawrcucc shall havc the powders and discharge the duties 

duties, etc. /• i i • i i i i i 

courerred and imposed by law upon school committees, 
except as may be provided otherwise in this section. They 
shall have authority to select lands for school purposes, 
to recommend the plans of all school buildings to be 
erected or altered, and to recommend necessary temporary 
accommodations for school purposes ; but they shall have 
no power to employ laborers, mechanics or contractors to 
construct, alter or repair any school building, and they 
sliall have no power to purchase any land for school pur- 
poses. Such powers are hereby vested in the city council. 
Section 2. This act shall take effect upon its passage. 

Approved May 1, 1899. 



Chap.323 



An Act to provide that a person applying to vote in the 

CITY of boston SHALL NOT BE REQUIRED TO WRITE HIS NAME 
ON THE VOTING LIST. 

Be it enacted, etc., as follows : 
1898, 548. § 222, Section 1. Scctiou two hundred and twenty-two of 
chapter five hundred and forty-eight of the acts of the 
year eighteen hundred and ninety-eight is hereby amended 
by striking out the last paragraph thereof, being lines 
twelve to eighteen, both inclusive, which reads as follows : 



Acts, 1899. — Chaps. 324, 325. 277 

— ''In Boston, a person applying to vote shall, upon the 
request of an election officer, be required to write his name 
in the blank space opposite his name as it appears on the 
voting list. If he refuses, he shall obtain from the elec- 
tion commissioners a certificate of his right to vote ; but 
this shall not apply to any person not required by law to 
write as a condition of registration." 

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

Approved May 1, 1899. 

An Act to authorize the town of framingham to appro- (JJiap.324: 

PRIATE money to PAY CERTAIN EXPENSES INCURRED FOR STREET 
WATERING IN THE YEAR EIGHTEEN HUNDRED AND NINETY-EIGHT. 

Be it e)iacted, etc., as foUoics : 

Section 1, The town of Framingham is hereby au- May appro. 
thorized to appropriate at a special meeting of said town FoTwat^^hfl 
to be hereafter called, a sum not exceeding six hundred streets. 
dollars, to pay the cost of watering the streets of said 
town l)etween the eighth day of May and the ninth day 
of July in the year eighteen hundred and ninety-eight. 
The warrant for said meeting shall contain an article 
clearly setting forth that action is proposed to be taken 
in regard to the appropriation hereby authorized to be 
made. 

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

Approved May 2, 1899. 

An Act relative to discharges from the Massachusetts hos- QJiap.3'25 

PITAL FOR dipsomaniacs AND INEBRIATES. 

Be it enacted, etc., asfolloics: 

Section 1. Section eiirht of chapter four hundred and i889,4u, §s, 
fourteen of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by striking out the whole 
of said section and inserting in place thereof the follow- 
ing : — /Section 8. No person shall be detained in said ^^^^'|^°/JC° ^° 
hospital more than two years from the date of his com- 
mitment. When it shall appear to the trustees that any |[^™'?^j,''\"g' 
person held in said hospital will not continue to be sulv issued. 
ject to dipsomania or inebriety, or will be sufficiently 
provided for by himself or his guardians, relatives or 
friends, they may issue to him a permit to be at liberty, 
upon such conditions as they deem best, and thoy may 
revoke said permit at any time previous to its expiration. 



278 



Acts, 1899. — Chaps. 326, 327. 



1897, 474, § 2, 
amended. 



Discharge of 
patiests. 



The violation by the holder of such permit of any of the 
terms or conditions of the same shall of itself make said 
permit void. 

Section 2. Section two of chapter four hundred and 
seventy-four of the acts of the year eighteen hundred and 
ninety-seven is hereby amended by striking out the whole 
of said section and inserting in place thereof the follow- 
ing : — Section 2. The trustees of said hospital are hereby 
authorized to discharge finally any patient therefrom when- 
ever in their opinion he will not continue to be subject to 
dipsomania or inebriety, or whenever he will not be ben- 
efited by further treatment therein. 

Approved May 2, 1899. 



Chap.32(y ^^ ^^x relatfv^e to unauthorized structures in a city or 

TOWN. 



Certain unau- 
tliorized Btruct- 
uies may be 
removed, etc. 



Defendant to 
prove authority, 
etc. 



Be it enacted^ etc., asfolloics: 

Section 1. The supreme judicial court, or any justice 
thereof, and the superior court, or any justice thereof, 
shall have jurisdiction in equity to restrain the illegal 
placing, maintenance or use of any building, structure 
or other thing, and may on the petition of any city or 
town, by its attorney, restrain any such placing, main- 
tenance or use of a building, structure or other thing in 
such cit}' or town, and may require its removal by the 
owner, and may authorize the city or town in default of 
such removal by the owner to remove at the expense of 
the owner any such building, structure or other thing, 
whether heretofore or hereafter so placed, maintained or 
used. 

Section 2. A defendant in any petition aforesaid who 
relies for his justification upon any license or authority to 
place, maintain or use any such building, structure or other 
thing complained of in such petition shall prove the same, 
and until such proof the presumption shall be that he is 
not so licensed or authorized. 

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

Ap2)roved May 2, 1899. 



ChciD 327 ^^ '^^'^ RELATIVE TO THE APPOINTMENT OK ASSISTANT ASSESSORS 

IN THE CITY OF MEDFORD 

Be it enacted, etc., asfolloivs: 
Assistant as. Section 1 . Thc board of assessors of the city of Med- 

sesaors may be_-., , i-ij • j_ " • j^ i 

appointed. foi'd IS hereby authorized to appoint as many assistant 



Acts, 1809. — Chap. 328. 279 

assessors as there may be wards in said city at the time 
or times of such appointment ; and said board is hereby 
authorized to appoint such other assistants and subor- 
dinates as it may deem necessary. 

Section 2. The assistant assessors authorized to be powers and 
appointed by this act shall be sworn and may exercise all 
of the powers and shall be subject to all of the duties and 
liabilities of assistant assessors under existing laws. 

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

Approved May 4, 1899. 



duties, etc. 



Ckap.328 



An Act to amend the charter of the city of chelsea. 
Be it enacted, etc., asfoUoics: 

Section 1 . Section two of chapter three hundred and ^^^^' ^i^'!: § ^' 

, , r , amended. 

twenty-hve oi the acts oi the year eighteen hundred and 
ninety-four is hereby amended by inserting in the seventh 
line, after the word " committee '", the words : — The ex- 
ecutive department shall not exercise any legislative power, 
and the legislative department shall not exercise any ex- 
ecutive power, — so as to read as follows: — ISection 2. Government 

ny\ i (• ii 'i 1 ji 1 vested in mayor 

1 he government or the city and the general management and aideimen. 
and control of all the fiscal, prudential and municipal ^'*'' 
aflairs thereof shall be vested in a single officer, to be 
called the mayor, and in a single body, to be called the 
board of aldermen, except however that the general man- 
agement and control of the public schools of the city shall 
be vested in a school committee. The executive depart- 
ment shall not exercise any legislative power, and the 
legislative department shall not exercise any executive 
power. The board of aldermen and school committee 
shall serve without compensation. 

Section 2. Section seven of said chapter is hereby 1894,32-), § 7, 
amended by striking out all after the word " completed", '""^" ° 
in the tenth line, and inserting in place thereof the fol- 
lowing : — If the full number of members of the board 
of aldermen then required to be chosen shall not be 
elected at the annual election, or if a vacancy in the office 
of an alderman at large shall occur in the first six months 
of the first year of the term for which said alderman was 
elected, it shall be filled by an election by the qualified 
voters of the city at large, voting in their respective 
wards, for the balance of the whole term. But if such 
vacancy occurs in the last six months of the first year of 
the term for which said alderman was elected, it shall be 



280 Acts, 1899. — Chap. 328. 

filled for the balance of the municipal year by the board 
of aldermen by a majority vote of all its members. If a 
vacancy in the office of an alderman at large shall occur 
in the first six months of the second year of the term for 
which said alderman was elected, it shall be filled by an 
election by the qualified voters of the city at larire, votinir 
in their respective wards. But if such vacancy shall occur 
in the last six months of the second year of the term for 
which said alderman was elected, it shall be filled by the 
board of aldermen by a majority vote of all its members. 
If a vacanc}^ in the office of an alderman elected from a 
ward shall occur in the first six months of the municipal 
year, it shall be filled by an election by the voters of the 
ward. But if such vacancy occur in the last six months 
of the municipal year, it shall be filled by the board of 
aldermen by a majority vote of all its members. The 
person elected to fill such vacancy shall bo chosen from 
the ward in which the vacancy occurs, — so as to read as 
and vatandlfs" follows : — Sectioii 7. If it shall appear that there is no 
ma'-orand choicc of mayor, or if the person elected to that office 
board of alder- shall rcfusc to acccpt tlic officc, Or shall die before qualify- 
ing, or if a vacancy in the office shall occur more than 
four months previous to the expiration of the term of ser- 
vice of a mayor, the board of aldermen shall forthwith 
cause an order to be issued for a new election, and the 
same proceedings shall be had in all respects as are here- 
inbefore provided for the election of mayor : and such 
proceedings shall be repeated until the election of mayor 
is completed. If the full number of members of the board 
of aldermen then required to be chosen shall not be elected 
at the annual election, or if a vacancy in the office of an 
alderman at large shall occur in the first six months of the 
first year of the term for which said alderman was elected, 
it shall be filled by an election by the qualified voters of 
the city at large, voting in their respective wards, for the 
balance of the whole term. But if such vacancy occurs 
in the last six months of the first year of the term for 
which said alderman was elected, it shall be filled for the 
balance of the municipal year by the board of aldermen 
by a majority vote of all its members. If a vacancy in 
the office of an alderman at large shall occur in the first 
six months of the second year of the term for which said 
alderman was elected, it shall be filled by an election by 
the qualified voters of the city at large, voting in their 



men 



Acts, 1899. — CirAP. 328. 281 

respective wiu-ds. But if such vacancy shall oct'ur in the 
last six months of the second year of the term for which 
said alderman was elected, it shall l)e tilled by the board 
of aldermen by a majority vote of all its members. If a 
vacancy in the office of an alderman elected from a ward 
shall occur in the first six months of the municipal year, 
it shall be filled by an election by the voters of the ward. 
But if such vacancy occur in the last six months of the 
numicipal year, it shall be filled by the board of aldermen 
by a majority vote of all its members. The person elected 
to fill such vacancy shall be chosen from the ward in which 
the vacancy occurs. 

Section 3. Section ten of said chapter is hereby i804, 325. § lo, 
amended by striking out the whole of said section and '""""'**'''• 
insertiujr in place thereof the followinoj : — Section 10. Roard of aider. 

r^ I ~ MI6D election 

The board of aldermen shall consist of fifteen members, term's, etc. 
At the first annual municipal election held under this act 
four aldermen at large shall be elected for the term of one 
year, and three aldermen at large shall be elected for the 
term of two years, beginning with the first Monday in 
January then next ensuing. At the annual municipal 
election each year thereafter there shall be elected five 
aldermen at large for the term of two years. The alder- 
men at large shall be elected by and from the qualified 
voters of the entire city. At the second annual municipal 
election held under this act there shall also be elected from 
each ward one alderman for the term of one year, begin- 
ning with the first jSIonday in January then next ensuing. 
At each annual municipal election thereafter one alderman 
shall l)e elected from each ward for the term of one year. 
The aldermen from wards shall be elected by and from the 
qualified voters of their respective wards. 

Section 4. Section thirteen of said chapter is hereby 1894, 325, § 13. 
amended by striking out in the fifth line, the words "city '''"*° 
engineer", also by striking out in the first and second 
lines and in the tenth line, the words " by ballot", so as 
to read as follows : — Section 13. The board of aldermen City treasurer, 
shall elect, on or before the first Monday in February of eiection,^te*rraB, 
the municipal year, a city treasurer, who shall be collector ^^°- 
of taxes, a city auditor, city solicitor, city messenger, and 
clerk of committees, whose terms of office shall begin on 
the first Monday in March and shall continue for one year 
or until their successors are duly elected and qualified. In 
case of a vacancy in any of the above offices the l)oard 



282 



Acts, 1899. — Chap. 328. 



1894, 325, § 14, 
uiueoded. 



Sinking fund 
coiiimisBionere, 
etc., election, 
terms, etc. 



1894, 325, § 16, 
amended. 



Special meet- 
ings of board 
of aldermen. 



1894, 325, § 21, 
amended. 



Certain ordi- 
nances, etc., to 
be presented to 
mayor for 
approval. 



of aldermen shall fill the same by election. Any officer 
mentioned in this section may be removed from office for 
cause, after due hearing, by the affirmative votes of two 
thirds of all the members of the ])oard of aldermen. 

Section 5. Section fourteen of said chapter is hereby 
amended by striking out in the third and fourth lines, the 
words " one water commissioner for three years, two trus- 
tees of the Fitz Public Library for three years ", also by 
striking out the words " by ballot", wherever they occur 
in said section, so as to read as follows : — Section 14. 
The board of aldermen shall elect, on or before the first 
Monday in February of the municipal year, one sinking 
fund commissioner for three years, and one member of the 
board of assessors for three years. In case of a vacancy 
in any of the above offices the board of aldermen shall 
fill the same by election. 

Sectiox 6. Section sixteen of said chapter is hereby 
amended by adding at the end of said section the words : 
— and at such special meeting no business shall be trans- 
acted except such as is mentioned in said notice, save by 
the unanimous consent of all the members present, — so 
as to read as follows : — Section 16. The mayor may at 
any time call a special meeting of the board of aldermen 
by causing a written notice of such meeting to be left at 
the usual place of residence of each member ; and at such 
special meeting no business shall be transacted except such 
as is mentioned in said notice, save by the unanimous con- 
sent of all the members present. 

Secttox 7. Section twenty-one of said chapter is 
hereby amended by striking out in the eleventh line, the 
words "two thirds of the members", and inserting in 
place thereof the words: — ten or more members, — also 
by striking out in the twelfth line, the words "present 
and voting", so as to read as follows: — Section 21. 
After the passage of any ordinance, order, resolution or 
vote of the board of aldermen involving the expenditure 
of money or aftecting the public interests it shall be pre- 
sented to the mayor. If he approve thereof he shall 
signify his approval by signing the same, but if he does 
not approve thereof he shall return the same with his ob- 
jections in writing. The board of aldermen shall cause 
the objections of the mayor to be entered at length upon 
its records and shall proceed to reconsider said ordinance, 
order, resolution or vote, and if, after such reconsidera- 



Acts, 1899. — Chap. 328. 283 

tion, ten or more members of said board shall vote to 
pass the same, notwithstanding such objections, it shall 
be in force, but in all cases the vote thereon shall be taken 
by yeas and nays. If any such ordinance, order, resolu- 
tion or vote shall not be returned by the mayor to the 
board of aldermen within ten days after it shall have been 
presented to him, the same shall be in force : provided, P"""^'*"- 
however, that if any such ordinance, order, resolution or 
vote shall have been passed by the board of aldermen 
within five days next preceding the expiration of the mu- 
nicipal year, and shall not have been approved by the 
mayor, the same shall be void. The mayor may except 
from his approval of any ordinance, order, resolution or 
vote of which he has the power of veto, any portion in- 
volving a distinct item of expenditure. In such case 
instead of returning the original he shall transmit a copy 
of such portion not approved, which portion shall be re- 
considered in the manner and with the effect herein pro- 
vided for. 

Section 8. Section twenty-three of said chapter is i894, 325. § 23. 
hereby amended by inserting in the third line, after the 
word "position", the words: — the creation of or elec- 
tion to which is by the board of aldermen, and, — also by 
adding at the end of said section the words : — No mem- 
ber of the board of aldermen shall, during the term for 
which he was elected, be eligible for appointment to any 
office by the mayor, nor shall any member of the city 
government during the term for which he was elected 
hold any appointive office. Nothing in this section shall 
be construed to affect the standing of any member of the 
present board of aldermen during his present term of 
office. — so as to read as follows: — Section 23. No Members of^^^ 
member of the board of aldermen shall, during the term men not to 
for which he is elected, hold any office or position the ouie/otaces, 
creation of or election to which is In' the board of alder- ''^''• 
men, and the salary or compensation for which is payable 
from the city treasury, nor shall he act as counsel or attor- 
ney before the board of aldermen or before any committee 
thereof. No member of the board of aldermen shall, 
during the term for which he was elected, be eligible for 
appointment to any office by the mayor, nor shall any 
member of the city government during the term for which 
he was elected hold any appointive office. Nothing in 
this section shall be construed to affect the standing of 



284 



Acts, 1809. — Chap. 328. 



1894, 325, § 32, 
nraended. 



Certain officers 
to be appoinied 
by mayor, etc. 



1894, 325, § 42, 
amended. 



Certain ofTicerB 
to be appointed 
by mayor, etc. 



1804, 325, § 45, 
nmended. 



any member of the present board of aldermen during his 
present term of office. 

Section 9. Section thirty-two of said chapter is hereby 
amended by inserting in the fourth lino, after the words 
"so appointed", the words : — under this section, — also 
by striking out in the fifth line, the words " subject to the 
approval of the board of aldermen", and by striking out 
in the eighth line, the words "when so approved", also 
by inserting in the seventh line, after the word "assign", 
the words : — in writing, — so as to read as follows : — 
Section 32. The mayor shall appoint, subject to con- 
firmation of the board of aldermen, all the officers of the 
city, unless their election or appointment is herein other- 
wise provided for. Any officer so appointed under this 
section may be removed by the mayor, for such cause as 
he shall deem sufficient and shall assign in writing in his 
order of removal, and the removal shall take effect upon 
the filing of the order in the office of the city clerk and 
the service of a copy of such order upon the officer re- 
moved, either personally or at his last or usual place of 
residence. The city clerk shall keep such order on file 
and subject to public inspection. 

Section 10. Section forty-two of said chapter is 
hereby amended by striking out in the fourth line, after 
the word "solicitor", the words "city engineer", also 
by striking out in the fifth and sixth lines, the words 
"board of water commissioners, board of trustees of the 
public library ", — so as to read as follows : — ISeclion 42. 
It shall be the duty of the mayor to appoint, subject to 
the approval of the board of aldermen, all the officers 
above-specified in this act except the city treasurer, city 
solicitor, city messenger, board of assessors, and board 
of commissioners of sinking funds, city collector, city 
auditor and clerk of committees, and, unless herein other- 
wise provided, all those for whom provision shall here- 
after be made as above, on or before the first Monday in 
February in the municipal year, and their terms of office 
shall begin on the first Monday in March and shall con- 
tinue for one year, or for such period as the board of 
aldermen shall by ordinance in any case provide. Every 
administrative officer shall, unless sooner removed, hold 
office until his successor is a])pointed and qualified. 

vSection 11. Section forty-five of said chapter is 
hereby amended by striking out in the first line, the 



Acts, 1899. — Chap. 329. 285 

word " committees ", and inserting in place thereof the 
word : — Iwards, — and by inserting after the word "sup- 
plies", in the fourth line, the words: — and shall, — so 
as to read as follows : — Section 45. The several boards Employment of 
and officers having charge of departments shall, within of contracts',^ 
their respective departments, employ all lal)or, make and ''*''• 
execute all necessary contracts, purchase all materials 
and supplies, and shall have the entire care and custody 
and management of all public works, institutions, buildings 
and other jn-operty. All contracts made in behalf of the 
city in which the amount involved exceeds two hundred 
dollars, shall, in order to be valid, require the signature 
of the mayor, and exce})t as herein otherwise provided 
or by law required no expenditure shall be made or lia- 
bilities incurred for any purpose beyond the appropria- 
tions previously made therefor. 

Section 12. This act shall take effect upon its passage. 

Approved May 4, 1899. 



Chap. 329 



An Act belative to caucuses and elections. 
Be it enacted, etc., as folloivs : 

Seption 1 . Section eighty-five of chapter five hundred ^^^1^^^^^,* ^ ^^' 
and forty-eight of the acts of the year eighteen hundred 
and ninety-eight is hereby amended by inserting after the 
word "it", in the third line, the words: — and may fix 
the numl)er of persons of whom it shall consist, — so as 
to read as follows: — Section 85. A state, city or town committees 
conmiittee may make rules and regulations, not inconsist- "i'les^Dd'reg- 
ent with law, for its proceedings and relative to caucuses uumber o^'' 
called by it, and may fix the number of persons of whom members, etc. 
it shall consist. Each town or city committee may make 
reasonable regulations, not inconsistent with law, to de- 
termine membership in the party, and to restrain those 
not entitled to vote at caucuses from attendance thereat 
or taking part therein. But no political committee shall 
prevent any voter from participating in a caucus of its 
])arty for the reason that the voter has supported an in- 
dependent candidate for political office. 

Section 2. Section ninety-six of said chapter is hereby isos, 548, § 96, 
amended by adding at the end thereof the words: — No *"^ 
person shall serve as a caucus officer at any caucus in 
which he is a candidate for membership in a ward or town 
committee, for an elective office, or for a nomination to 



286 



Acts, 1899. — Chap. 829. 



Notices of 
caucuseB. 



HonrB of c;ill- 
ing. 

Notice to des- 
ignate person 
who sliall call 
caucus to 
order, etc. 



first business. 



Certain persons 
not to serve as 
caucus officers. 



1898, 548. § 98, 
amended. 



Ballots and 
voiing liBts to 
be preserved, 
etc. 



Notice of inten- 
tion to contest, 
etc. 



an elective office, — so as to read as follows : — Section 96. 
Notices of caucuses, signed by the chairman and secretary, 
shall be issued by each city and town committee not less 
than seven days prior to the day on which they are to be 
held. The notices shall state the place where, and the 
day and hour when, the several caucuses are to be held. 
They shall be conspicuously posted in at least five places 
on the highways or streets, and, if practicable, in every 
post office in the city or town, or shall be published at 
least twice in one or more local newspapers, if there arc 
any. The hour fixed for calling the caucus to order shall 
not be later than ei":ht o'clock in the evenino-. 

The notice shall designate by name or office the person 
who shall call such caucus to order ; and he shall preside 
until a chairman is chosen. If he is absent at the time 
appointed, any member of the ward or town committee 
present shall call the caucus to order and preside until a 
chairman is chosen. 

The first business in order shall be the choice of a chair- 
man, a secretary, and such other officers as the meeting 
may determine. 

No person shall serve as a caucus officer at any caucus 
in which he is a candidate for membership in a ward or 
town committee, for an elective office, or for a nomination 
to an elective office. 

Section 3. Section ninety-eight of said chapter is 
hereby amended by adding at the end thereof the words : 
— If it shall appear upon a recount that persons were 
nominated or elected other than those declared to have 
been nominated or elected, certificates of such change 
shall be made as in the case of the original certificate, — 
so as to read as follows : — Section 98. The secretary 
of each caucus shall preserve for ten days all ballots cast 
and all voting lists used at the caucus. If during said 
time ten voters entitled to vote in said caucus shall file 
with him a written request so to do, he shall preserve said 
ballots and voting lists for three months, and shall pro- 
duce the same, if required by any court of justice or con- 
vention having jurisdiction or authority over the same. 

If within three week days after any caucus a person 
who has received votes thereat for nomination or election 
to any office, delegation or political committee shall file a 
statement in writing with the secretary of said caucus 
claiming an election or nomination, or declaring an inten- 
tion to contest the election or nomination of any other 



Acts, 1899. — Chap. 329. 287 

person, the secretary shall preserve the ballots for such 
nomination or office until the claim or contest is finally 
determined. 

The secretary shall immediately give notice in writing Recount of 
to the persons afiected, fixing a time within twenty-four ^'»''''**' «**'• 
hours thereafter and a place at which said ballots will be 
recounted, and the chairman and secretary of the caucus 
shall, at said time and place, recount said ballots and de- 
termine the questions raised. Each candidate afiected may 
be present during such recount, or may be represented by 
an agent appointed by him in writing. If it shall appear 
upon a recount that persons were nominated or elected 
other than those declared to have been nominated or 
elected, certificates of such change shall be made as in 
the case of the original certificate. 

Section 4. Section one hundred and twenty-six of i898, ms §126, 
said chapter is hereby amended by adding at the end 
thereof the words: — If it shall appear upon a recount 
that persons were nominated or elected other than those 
declared to have been nominated or elected, certificates 
of such change shall be made as in the case of the original 
certificate, — so as to read as follows : — Section 126. If Kfiio"g"eti. 
before five o'clock in the afternoon of the second day next 
succeeding the day of any caucus ten or more qualified 
voters of any town or ward shall sign, adding thereto 
their respective residences on the first day of May of that 
year, and file with the city or town clerk, or in Boston 
with the election commissioners, a statement under oath 
that the records and returns made by the caucus officers 
of such town or ward are erroneous, specifying the error, 
or that challenged votes were cast by persons not entitled 
to vote therein, said city or town clerk shall forthwith 
transmit such statement to the registrars of voters with 
the sealed packages containing the ballots and voting lists, 
and said registrars or election commissioners shall give 
notice in writing to the person afiected, fixing a place and 
time, as early as may be, at which said ballots will be 
recounted and at such place and time shall open the pack- 
ages containing the ballots and voting lists and recount 
said ballots and determine the questions raised, and shall 
reject any challenged vote cast by a person found not to 
have been entitled to vote ; and such recount shall stand 
as the true result of the vote cast in such caucus. Each 
candidate affected may be present during such recount, 
or may be represented by an agent appointed by him in 



288 



Acts, 1899. — Chap. 329. 



1898, 548, § 133, 
amended. 



Notice of 
caucus, etc. 



First business, 
etc. 



1898, 548, § 179, 
amended. 



Tellers, ap- 
pointment, 
duties, etc. 



writing. If it shall appear upon a recount that persons 
were nominated or elected other than those declared to 
have been nominated or elected, certificates of such change 
shall be made as in the case of the original certificate. 

Section 5. Section one hundred and thirty-three of 
said chapter is hereby amended by inserting after the 
word "require", in the seventeenth line, the words: — 
The persons receiving the highest number of votes shall 
be declared elected or nominated, — so as to read as fol- 
lows : — Section 133. The notice for a caucus under the 
preceding section shall be written or printed, shall state 
the place where and the day and hour when the said caucus 
is to be held, shall be issued at least seven days prior 
thereto, and shall be conspicuously posted in at least five 
places on lines of public travel, and, if practicable, in 
every post office within the city or town, or shall be pub- 
lished at least twice in one or more local newspapers. 
Said notice shall be signed by one or more qualified voters 
of the ward, town or district for which the caucus is called, 
and shall designate by name or office the person who shall 
call such caucus to order, and he shall preside until a chair- 
man is chosen. In his absence the caucus may choose a 
temporary chairman. The first business in order shall I)e 
the organization of the caucus by the choice of a chair- 
man, a secretary, and such other officers as the meeting 
may require. The persons receiving the highest number 
of votes shall be declared elected or nominated. The 
caucus may adopt regulations not inconsistent with this 
act. 

Section 6. Section one hundred and seventy-nine of 
said chapter is hereby amended by striking out in the first 
and second lines, the words " not divided into voting pre- 
cincts ", so as to read as follows : — Section 1 79. Select- 
men of towns shall, at least five days before a state or 
town election, appoint voters as tellers, to assist at the 
ballot box and in checking the names of voters upon the 
voting lists, and in canvassing and counting the votes. 
Presiding officers in such towns, at state and town elec- 
tions, may appoint voters as additional tellers, and they 
shall do so when requested in writing by ten voters of the 
town. Tellers appointed at elections at which official bal- 
lots are used shall be so appointed that the election officers 
makino; and assistino; in the canvass and count of votes 
shall equally represent the two leading political parties. 

Approved May 4, 1899. 



Acts, 1899. — Chap. 380. 289 

An Act to codify and amend the laws relative to the (Jhri^ 330 

PRESERVATION OP TREES. "' 

Be it enacted, etc., asfolloivs: 

Section 1. Every town shall at its annual meeting for Tree wardens, 
the election of town officers elect a tree warden, who shall etc. ' ' 
serve for one year and until his successor is elected and 
qualified. He may appoint such number of deputy tree 
wardens as he deems expedient, and may at any time re- 
move them from office. He and his deputies shall receive 
such compensation for their services as the town may de- 
termine, and, in default of such determination, as the 
selectmen may prescribe. He shall have the care and 
control of all public shade trees in the town, except those 
in public parks or open places under the jurisdiction of 
})ark commissioners, and of these also he shall take the 
care and control if so requested in writing by the park 
commissioners. He shall expend all funds appropriated 
for the setting out and maintenance of such trees. He 
may prescribe such regulations for the care and preserva- 
tion of such trees, enforced by suitable fines and forfeit- 
ures, not exceeding twenty dollars in any one case, as he 
may deem just and expedient ; and such regulations, when 
apj)roved by the selectmen and posted in two or more 
public places in the town, shall have the force and effect 
of town by-laws. It shall be his duty to enforce all pro- 
visions of law for the preservation of such trees. 

Section 2. Towns may appropriate annually a sum Planting of 

Bliade trees 

of money not exceeding in the aggregate fifty cents for 
each of its ratable polls in the preceding year, to be ex- 
pended by the tree warden in planting shade trees in the 
public ways, or, if he deems it expedient, upon adjoining 
land, at a distance not exceeding twenty feet from said 
public ways, for the purpose of shading or ornamenting 
the same : j)rovided, hoioever, that the written consent of Proviso. 
the owner of such land shall first be obtained. All shade 
trees within the limits of any public way shall be deemed 
public shade trees. 

Section 3. Whoever, other than a tree warden or his cutting or 

T 1 • ^ • I'll' J. removal of 

deputy, desn'es the cuttmg or removal, in whole or m })art, public shade 
of any public shade tree, may apply to the tree warden, 
who shall give a public hearing upon the application at 
some suitable time and place, after duly posting notices 



290 



Acts, 1899.— Chap. 330. 



Proviso. 



Extermination 
of insect pei^ts, 
eic. 



Penalty for 
atiixing notices 
to trees, etc. 



Penalty for 
injury, etc., to 
trec3. 



Penalty for 
Jierinillini; 
beasts to iiijnre 
Certain trees, 
etc. 



of the hearing in two or more public place.s in the town, 
and also upon the said tree : provided, however, that the 
warden may, if he deems it expedient, grant permission 
for such cuttmg or removal, without calling a hearing, if 
the tree in question is on a public way outside of the resi- 
dential part of the town, the limits of such residential part 
to be determined l)y the selectmen. No tree within such 
residential part shall be cut by the tree warden, except 
to trim it, or removed by him without a hearing as afore- 
said ; but in all cases the decision of the tree warden shall 
be final. 

Section 4. Towns may annuall}- raise and appropriate 
such sum of money as they deem necessary, to be expended 
under the direction of the tree warden in exterminating 
insect pests within the limits of their public ways and 
places, and in the removal from said public ways and 
places of all trees and other plants upon which such pests 
naturally breed : provided, hoicever, that where an owner 
or lessee of real estate shall, to the satisfaction of the tree 
warden, annually exterminate all insect pests upon the 
trees and other plants within the limits of any public 
way or place abutting on said real estate, such trees and 
plants shall be exempt from the provisions of this sec- 
tion. 

Section 5. Whoever affixes to any tree in a public 
way or place a playbill, picture, announcement, notice, 
advertisement or other thing, whether in writing or other- 
wise, or cuts, paints or marks such tree, e.xcept for the 
purpose of protecting it and under a written permit from 
the tree warden, shall be punished by a fine not exceeding 
fifty dollars for each ofience. 

Section 6. Whoever wantonly injures, defaces, breaks 
or destroys an ornamental or shade tree within the limits 
of any public way or place shall forfeit not less than five 
nor more than one hundred dollars, to be recovered hy 
complaint, one half to the complainant and the other half 
to the use of the town. 

Section 7. Whoever negligently or carelessly suffers 
a horse or other beast driven by or for him, or a beast 
belonging to him and lawfully in a public way or place, 
to break down, injure or destroy a shade or ornamental 
tree within the limits of said public way or place, or who- 
ever negligently or wilfully by any other means breaks 
down, injures or destroys any such tree, shall be liable to 



Acts, 1899.— Chap. 331. 291 

the penalties prescribed in the foregoino; section, and shall 
in addition be liable for all damages caused thereby. 

Section 8. It shall be the duty ot" the tree Avarden to Enforcement 

,. ,1 • • 1' ii " T i- of provisions. 

euiorce the provisions ot the preceding sections. 

Approved May 4, 1899. 

An Act making appropriations for the Massachusetts char- r7^a».331 

ITABLE EYE AND EAR INFIRMARY, FOR REPAIRS AND IMPROVE- 
MENTS at CERTAIN INSTITUTIONS, AND FOR CERTAIN OTHER 
EXPENSES AUTHORIZED BY LAW. 

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 in certain acts and resolves of the present year, 
and for certain other expenses authorized by law, to wit : — 

For running expenses of the steamer known as the Lex- Expenses of 
ington, to be used under the charge of the chief of the fngtM."^ ^^^' 
district police in the enforcement of the fish laws, a sum 
not exceeding two thousand dollars in addition to the six 
thousand dollars appropriated by chapter forty of the acts 
of the present year. 

For the compensation of a messenger in the department "/f^^r^t^fl^j^f 
of the auditor of the Commonwealth, as authorized by the auditor. 
chapter one hundred and fifty-one of the acts of the pres- 
ent year, a sum not exceeding six hundred and seventy- 
live dollars. 

For the construction of a channel from Vineyard Sound construction of 

. Ill channel from 

to lake Anthony, as authorized by chapter one hundred vineyard sound 
and fifty-five of the acts of the present year, a sum not thony! 
exceeding fifteen thousand dollars. 

For the AVorcester Polytechnic Institute, as authorized ^"^."^echnlc 
by chapter one hundred and fifty-seven of the acts of the institute. 
present year, the sum of three thousand dollars in addi- 
tion to the three thousand dollars appropriated by chapter 
twenty-eight of the acts of the present year. 

For the salary of the assistant register of probate and ^gll*^r°of 
insolvency for the countv of Hampshire, as authorized prohate. etc.. 

,,,"•,. ^ c ^ c \ Hampshire 

by chapter one hundred and ninety-one of the acts of the county, 
present year, a sum not exceeding four hundred and sev- 
enty-five dollars. 

For such additional clerical assistance as the trustees Additional 

clerical ansist- 

and librarian of the state library may deem necessary tor ance in state 

•^ " •^ library. 



292 



Acts, 1899. — CiiAr. 331. 



Mother of 
James T. 
Mahony, Jr. 



Assistant 
watchmen at 
state prison. 



Danvers insane 
hospital. 



Plana of Bul- 
tinch part of 
state house. 



Westborough 
insane hospital. 



Westborough 
insane hospital. 



Massachusetts 
Hchool for the 
Feeble-minded. 



Town of 
Rutland. 



Tabulation 
of statistics of 
parent nativity 
in Boston. 



John 8. Gillis. 



the protection and care of the library, as authorized by 
chapter one hundred and ninety-two of the acts of the 
present year, a sum not exceeding eight hundred dollars 
in addition to the thirty-five hundred dollars appropriated 
by chapter twenty of the acts of the present year. 

For the mother of James T. Mahony, junior, as author- 
ized by chapter nineteen of the resolves of the present 
year, the sum of seven hundred and sixty dollars. 

For the salaries of assistant Avatchmen at the state 
prison, as authorized by (chapter two hundred and forty- 
five of the acts of the present year, a sum not exceeding 
three thousand dollars in addition to the amount appro- 
priated by chapter fifty-nine of the acts of the present 
year. 

For certain improvements at the Danvers insane hos- 
pital, as authorized by chapter twenty of the resolves of 
the present year, a sum not exceeding forty-three thou- 
sand seven hundred and fifty dollars. 

For procuring special plans of the so-called Bulfinch 
part of the state house, as authorized by chapter twenty- 
one of the resolves of the present year, a sum not exceed- 
ing fifteen hundred dollars. 

For the purchase of machinery for the Westborough 
insane hospital, as authorized by chapter twenty-three 
of the resolves of the present year, a sum not exceeding 
twenty-five hundred dollars. 

For constructing and equipping a barn at the West- 
borough insane hospital, as authorized by chapter twenty- 
four of the resolves of the present year, a sum not 
exceeding ten thousand dollars. 

For the purchase of land for the use of the Massachu- 
setts School for the Feeble-minded, as authorized by 
chapter twenty-five of the resolves of the present year, 
a sum not exceeding one thousand dollars. 

For the town of Rutland, as authorized by chapter 
thirty of the resolves of the present year, the sum of 
one thousand dollars. 

For the tabulation of statistics of parent nativity in 
the city of Boston, as authorized by chapter thirty-one 
of the resolves of the present year, a sum not exceeding 
eight hundred dollars. 

For John S. Gillis, as authorized by chapter thirty-two 
of the resolves of the present year, the sum of two thou- 
sand dollars. 



Acts, 1899. — Chaps. 332, 333. 293 

For the Massachusetts Charitable Eye and Ear Infirmary, MassachuBetts 
as authorized by chapter thirty-six of the resolves of the Eye and Ear 
present year, a sum not exceeding twenty-five thousand ^'^'^'■'"^'■y- 
dollars. 

For certain repairs at the reformatory prison for women, Reformatory 
as authorized by chapter thirty-seven of the resolves of wom°n.°' 
the present year, a sum not exceeding thirteen hundred 
and fifty dollars. 

For certain repairs at the Massachusetts reformatory, Massachusetts 

1 • 1 1 1 p c c ^ 1 '1 reformatory. 

as authorized by chapter lorty-iour ot the resolves ot the 
present year, a sum not exceeding twenty-one hundred 
dollars. 

For providing such motors as may be needed for the Massachusetts 
industries at the Massachusetts reformatory, as author- "^^ °'™'''°'^^* 
ized by chapter forty-five of the resolves of the present 
year, a sum not exceeding five thousand dollars. 

For the salary of the assistant register of probate and ^gilf^'^r of 
insolvency for the county of Worcester, as authorized by ^y^^.^^^ig'*,*''"' 
chapter two hundred and sixty-four of the acts of the county. 
present year, the sum of five hundred dollars in addition 
to the eighteen hundred dollars appropriated by chapter 
thirteen of the acts of the present year. 

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

Approved May 4, 1899. 

An Act to authorize the city of boston to pay a sum ov (7^a7>.332 

MONEY TO THE CHILDREN OK FREDERIC B. BOGAN. 

Be it enacted, etc., as follows : 

Section 1. The city of Boston is hereby authorized pre^liric b! 
to pay to Fred Leo Bogan and Charles Fred Bogan, chil- Began. 
dren of Frederic B. Bogan late superintendent of public 
buildings of said city, the remainder of the salary to 
which he would have been entitled had he lived and con- 
tinued to hold his oflSce until the thirty-first day of Jan- 
uary in the year eighteen hundred and ninety-nine. 

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

AjJjyroved May 4, 1899. 



Chap.3S3 



An Act relative to entry fees and other charges in bas- 
tardy CASES. 

Be it enacted, etc., as foUotos: 

Section 1. The fees for entering cases under the bas- Entry fees in 
tardy laws in the superior court and in police, district aboUsheci!'*^'"' 



294 Acts, 1899. — Chaps. 334, 335. 

and municipal courts and before trial justices are hereby 
abolished. 
Certain copies SECTION 2. No charo;e sliall be made by any police, 

to be made ,.. ... ^ . ^^^po 

without charge, distnct or muuicipal court or by any clerk thereof, tor 
furnishing for transmission to the superior court copies 
of the complaint, warrant, record or taxed bill of costs 
in bastardy cases ; and in all such cases the bond given 
by the respondent shall be transmitted to the superior 
court without charge. 

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

Approved May 4, 1899. 



Chan.HS4: ^^ ■'^cx in further addition to an act making an appro- 
priation FOR DEFICIENCIES IN APPROPRIATIONS AUTHORIZED IN 
THE YEAR EIGHTEEN HUNDRED AND NINETY-EIGHT. 

Be it enacted, etc., as follows. • 

DeficieDcies in SECTION 1. The sum of twcnty-nlnc hundred twenty- 
one dollars and nmeteen cents is hereby appropriated, to 
be paid out of the treasury of the Commonwealth from 
the ordinary revenue, for the payment of certain bills in 
excess of the appropriations therefor incurred in the de- 
partment of the treasurer and receiver general in the year 
eighteen hundred and ninety-eight. 

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

Approved May 4, 1899. 



ippropriations. 



Chan 335 ^^ ^'^^ ^^ authorize the city of boston to pay a sum of 

^ * money to the mother of JOSEPH D. LANE. 

Be it enacted, etc., asfoUoivs: 
Mother of SECTION 1. The city of Boston is hereby authorized 

Joseph D.Lane. , , .'' -_ i -r^ t ^ i i 

to pay to the mother ot Joseph D. Lane late an employee 
in the water department of said city, the remainder of 
the salary to which he would have been entitled had he 
lived and continued to hold his office until the first day 
of February in the year eighteen hundred and ninety- 
nine. 

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

Approved May 4, 1899. 



Acts, 1899. — Chaps. 336, 337. 295 



An Act relative to the printing and distribution of the C/Jian.336 

BLUE HOOK. 

Be it enacted, etc., as folloivs : 

Section 1. There shall be printed annually twelve i>'"tineand 
thousand copies of the blue book, so-called, provided for of bu.ebook. 
by section one of chapter three hundred and ninety-three 
of the acts of the year eighteen hundred and ninety-four, 
and each member of the general court shall be entitled to 
receive twenty copies thereof. 

Section 2. All acts and parts of acts inconsistent 
herewith are hereby repealed. Approved May 4, 1899. 



An Act relative to the regulation and supervision of (JJiaj)S\'i^'J 

WIRES over STREF/rS AND BUILDINGS IN TOWNS. 

Be it enacted, etc., as folloivs : 

Section 1. Every person or corporation, private or wires over 

»ai a .• 1» (* * streets illlQ 

municipal, owning or operating a line ot wires over or buildings in 
under streets or buildings in a town, shall use only strong latedf '^''^"' 
and proper wires safely attached to strong and sufficient 
supports, and insulated at all points of attachment ; shall 
remove all wires the use of which is abandoned ; shall 
properly insulate every wire where it enters a building, 
and if such wire is other than a wire designed to carry 
an electric light, heat or power current shall attach to it 
at a proper point in the circuit, near the place of enter- 
ing the building, and so situated as to avoid danger from 
fire, an appliance adapted to prevent at all times a current 
of electricity of such intensity or volume as to be capable 
of injuring electrical instruments or of causing fire from 
entering the building by means of such wire, beyond the 
point at which such appliance is attached ; and shall 
properly insulate every wire within a building when such 
wire is designed to earry an electric light, heat or power 
current. 

Section 2. Wherever wires belonofino; to different ("eitain wires, 

~ c ^ etc., to be 

owners are attached to the same pole, cross-arm or fix- marked. 
ture, such pole, cross-arm or fixture shall be plainly 
marked with the name or initials of the owner of the 
same, and such wires, at or near their points of attach- 
ment to such pole, cross-arm or fixture, shall be tagged 
or marked with the names or initials of their owners. 



296 



Acts, 1899. — Chaps. 338, 339. 



Swpervieiou of 
wires, etc. 



Towns may 
recover certain 
expenses in- 
curred. 



Section 3. Any town may at an annual town meeting 
instruct its selectmen to appoint an inspector of wires, 
who shall supervise every wire over or under streets or 
buildings in such town, and every wire within a building 
when such wire is designed to carry an electric light, heat 
or power current ; shall notify the person or corporation 
owning or operating any such wire whenever its attach- 
ments, insulation, supports or appliances are improper or 
unsafe, or whenever the tags or marks thereof are insuffi- 
cient or illegible, and shall at the expense of the town 
remove every wire the use of which is abandoned and 
every wire hereinbefore required to be tagged or marked 
which is unprovided with a tag or mark. The cost of 
such removal shall be repaid by the owner of the wire 
removed. The said inspector shall see that all laws and 
regulations relating to wires are strictly enforced. 

Section 4. Any town may recover, in an action of 
contract, of the person or corporation owning any such 
wire as is hereinbefore described, any expense which it 
may have incurred for the removal thereof. 

Ajijyroved May 4, 1899. 



Chup.S^S An Act making an appropriation for the consolidation and 

ARRANGEMENT OF THE PUBLIC STATUTES. 



Conaolidatiun 
and arrange- 
ment of Public 
Statutes. 



Be it enacted, etc. , as follows : 

Section 1. The sum of fifteen thousand dollars is 
hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, to meet 
expenses in connection wath the consolidation and arrange- 
ment of the Public Statutes of the Commonwealth during 
the year eighteen hundred and ninety-nine, said sum to 
be in addition to any amount heretofore authorized. 

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

xipproved May 4, IS 99. 



Chcip.330 An Act to establish the salary of the justice of the police 

COURT OF BROCKTON. 



Justice of 
police court of 
Brockton. 



Be it enacted, etc., as follows: 

Section 1. The salary of the justice of the police 
court of Brockton shall be two thousand dollars a year, 
to be so allowed from the first day of January in the year 
eighteen hundred and ninety-nine. 

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

Approved May 4, 1S99. 



Acts, 1809, — Chaps. 340, 341. 297 



An Act relative to kenovated butter, so-called. Ch(in.S4:0 

Be it (')iacted, etc., as foUoivs : 

Section 1. Whoever, by himself or his agents, or as Tubs, firkins, 
the servant or agent of any other person, sells, exposes renovated'""'^ 
for sale, or has in his custody or possession with intent I*n"arked? ^^ 
to sell, any article or compound which is produced by 
taking original packing stock or other butter, or both, 
and melting the same, so that the butter fat can be drawn 
oft*, then mixing the said butter fat with skimmed milk, 
or milk, or cream, or other milk product, and re-churning 
the said mixture ; or which is produced by any similar 
process and is commonly known as process butter, shall 
have the words "Renovated Butter", conspicuously 
stamped, labelled or marked in a straight line in printed 
letters of plain, uncondensed Gothic type, not less than 
half an inch in length, so that said words cannot easily 
be defaced, upon the top, side and bottom of every tub, 
firkin, box or package containing said article or compound. 

Sectiox 2. In case of the retail sale of said article or Marked labeu, 
compound not in the original package, the seller shall, attached to i 
by himself or his agents, attach to each package so sold, '»*° p-^^'^^'g*^"- 
and shall deliver therewith to the purchaser, a label or 
wrapper bearing in a conspicuous place upon the outside 
of the package the words ' ' Renovated Butter ", in printed 
letters in a straight line of plain, uncondensed Gothic 
type, not less than half an inch in length. 

Section 3. Whoever violates any of the provisions Penalty. 
of this act shall be punished by a fine of not less than 
one hundred dollars nor more than five hundred dollars, 
or by imprisonment in the house of correction for a term 
not exceeding one year. Approved May 5, 1899. 



c.er- 



ChapMX 



An Act relative to the number of places which may he 
licensed for the sale of intoxicating liquors. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and isss, 34o,§i 

/. 1 .11 IT 1 • 1 i ^'*^' amended. 

forty oi the acts oi the year eighteen hundred and eighty- 
eight, as amended by section one of chapter two hundred 
and forty-eight of the acts of the year eighteen hundred 
and ninety-nine, is hereby amended by striking out the 
words " licenses granted", in the tenth line, and inserting 



298 



Acts, 1899. — Chap. 342. 



Number of 
places to be 
licensed for 
the sale of 
iutoxicating 
liquors limited. 



Proviso. 



in place thereof the words : — places licensed, — so as to 
read as follows : — Section 1. In all towns and cities 
which vote to grant licenses of the first five classes de- 
scribed in section ten of chapter one hundred of the Pub- 
lic Statutes, to sell intoxicating liquors, the number of 
places licensed for the sale of such liquors shall not ex- 
ceed one for each one thousand of the population, as 
ascertained by the last preceding national or state census, 
except that in the city of Boston one such place may be 
licensed for each five hundred of the population, but in 
no event shall the total number of places licensed exceed 
the number of one thousand. No more than one such 
place shall be licensed by any one vote of the licensing 
board. Such licenses shall be numbered in regular order 
as granted, and any license granted contrary to, or in 
excess of the provisions of this act, shall be void: pro- 
vided, that in towns having an increase of resident popu- 
lation during the summer months, the selectmen may, 
during the month of June, cause a census to be taken, 
and may grant one such license for each five hundred of 
said resident population, as ascertained by said special 
census, to take efiect on the fifteenth day of June and to 
expire on the fifteenth day of September following ; but 
no such license shall be granted unless the town at its 
last annual town meeting votes "yes" in answer to the 
question " Shall licenses for the sale of intoxicating liquors 
be granted in this town ? " 

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

Approved May 6, 1899. 



Chap 



Time within 
which certain 
petitions for 
damages may 
be tiled ex- 
tended. 



.342 -^^ -^CT TO EXTEND THE TIME WITHIN WHICH PETITIONS MAT BE 
FILED FOR DAMAGES SUSTAINED BY THE TAKING OF REAL ESTATE 
FOR THE METROPOLITAN \VATER WORKS. 

Be it enacted, etc., as follows : 

Section 1. Petitions under the provisions of section 
fourteen of chapter four hundred and eighty-eight of the 
acts of the year eighteen hundred and ninety-five, or of 
section one of chapter four hundred and forty-five of the 
acts of the j^ear eighteen hundred and ninety-seven, and 
acts in amendment thereof or in addition thereto, for the 
determination of damages for the taking of real estate 
may be filed, as provided by law, within two years after 
the actual taking by right of eminent domain of such real 



Acts, 1890. — Chaps. 343, 344, 345. 299 

estate or of any interest therein, and petitions for the de- 
termination of all other damage provided for in said acts 
may be filed on or before the first day of July in the 3'ear 
nineteen hundred and one. 

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

Approved May 6, 1899. 



ChapMS 



An Act to confirm the proceedings of the annual town 
meeting of the toavn of lakeville. 

Be it enacted,, etc., as follows: 

Section 1. The proceedings of the annual town meet- Proceedings 
ing of the town of Lakeville held on the sixth day of ofLakeviiie 
March in the year eighteen hundred and ninety-nine shall '=°°*^'™'''^- 
not be invalid by reason of the omission in the warrant 
calling such meeting of a specific article relative to voting 
upon the question of granting licenses for the sale of in- 
toxicating liquors. 

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

Approved May 6, 1899. 

An Act to make eight hours a day's work for city and f^jffjj^ 344 

TOWN EMPLOYEES. ^'' 

Be it enacted, etc., asfolloios: 

Section 1. Eight hours shall constitute a day's work Eii^^t hours 
for all laborers, workmen and mechanics now employed, city and town 
or who may hereafter be employed, by or on behalf of ^'^P'^y^***- 
any city or town in this Commonwealth. 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 3. This act shall not take effect in any city whentotaive 
or town until accepted by a majority of the voters voting *" 
thereon at an annual election. Such vote shall be taken 
by ballot. When so accepted this act shall take eflect 
from the date of such acceptance. 

Approved May 6, 1899. 

An Act relative to the duties of judges of probate and Qlidjy 345 

insolvency. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter three hundred and i894,377,§i, 

,.1 /• 1 • 1 > 1 1 amended. 

seventy-seven 01 the acts 01 the year eighteen hundred 
and ninety-four is hereby amended by inserting after the 



300 



Acts, 1899. — Chap. 345. 



Judge of pro- 
bate aud insol- 
vency may be 
assisted by 
judge of another 
county in cer- 
tain cases. 



1894, 377, § ■ 
amended. 



Register to 
certify number 
of days* duty 
performed by 
judge of anoilier 
county. 



1894, 377, § 3, 
amended. 



word " unable ", in the second line, the words : — or fails, 

— by striking out in the third line, the words " sickness 
or interest ", and inserting in place thereof the words : — 
any cause, — and by striking out after the word "pro- 
vided", in the thirteenth line, the words "that with the 
written consent of all parties interested", and inserting 
in place thereof the words: — that unless objection is 
made by some interested party before the decree is en- 
tered, — so as to read as follows: — Section 1. When 
a judge of probate and insolvency is unable or fails to 
perform his duties or any part of them from any cause, 
or when, in his opinion, the court requires the assistance 
of another judge in order to transact the business with 
proper despatch, or when there is a vacancy in the office 
of the judge of probate and insolvency in any county, 
his duties, or such of them as he may request, shall be 
performed in the same county by the judge of probate 
and insolvency of any other county designated by the 
judge, or, in case of failure to so designate on the part 
of the judge, designated by the register of probate and 
insolvency, from time to time, as the need arises : pro- 
vided, that unless objection is made by some interested 
party before the decree is entered, any case may be heard 
and determined out of said county in the performance 
of such duties by such other judge, and he may send his 
written decree in regard thereto to the probate office in 
which the case is pending. Two or more sessions of 
either court may be held at the same time, the fact being 
so stated upon the record. 

Section 2. Section two of said chapter is hereby 
amended by inserting after the word "which", in the 
fourth line, the words: — and the occasion for which, — 
so as to read as follows : — Section 2. The register of 
probate and insolvency shall certify on his records and 
also to the auditor of the Commonwealth the number of 
days and the dates of the same in which, and the occasion 
for which, said duties are performed by the judge of another 
county under the provisions of the preceding section. 

Section 3. Section three of said chapter is hereby 
amended by adding at the end of said section the words : 

— and such compensation, so far as it is for services 
rendered for any cause except where interest prevents the 
performance of his duties by the regular judge shall, for 
any excess above three per cent of his salary, be deducted 



Acts, 1899. — Ciiai-. M6. 301 

from the salary of the judge so assisted, — so as to read 
as follows : — Section 3. The judge performing the duties Compensation. 
aforesaid shall be entitled to receive from the treasury of 
the Commonwealth, in addition to the amount otherwise 
allowed to him by law, the sum of fifteen dollars a day 
for each day that lie performs said duties, and such com- 
pensation, so far as it is for services rendered for any 
cause except where interest prevents the performance of 
his duties by the regular judge shall, for any excess above 
three per cent of his salary, be deducted from the salary 
of the judge so assisted. 

Section 4. This act shall take effect upon its passage. 

Approved May 6, 1899. 

An Act relative to political committees and caucuses of (^hfu) 34(i 

POLITICAL PARTIES. 

Be it enacted, etc., as foUoivs : 

Section 1. Section eighty-two of chapter five hun- isgs, 548, § 82, 
dred and forty-eight of the acts of the year eighteen hun- '""*'" 
dred and ninety-eight is hereby amended by striking out 
the w hole of said section and inserting in place thereof 
the following: — Section 82. Each political party shall, Ward and town 

^ ^ 11 1 V committees, 

m every ward and town, annually elect a committee to election, term, 
be called a ward or a town committee, to consist of not 
less than three persons, who shall hold office for one year 
from the first day of January next following their elec- 
tion and until their successors shall have organized. 

The members of the several ward committees of a cuy committee. 
political party in a city shall constitute a committee to 
be called a city committee. 

Each town committee shall annually, between the first cuy and town 
day of January and the first day of March, and each ward organization. 
and city committee shall, within thirty days from the ])e- 
ginning of its term of oflSce, meet and organize by the 
choice of a chairman, a secretary and a treasurer, and 
such other ofiicers as it may decide to elect. 

The secretary of each city and town committee shall, lists of officers 

. *' , «' ' and members 

Within ten days alter its organization, file with the secre- tobemed. 
tary of the Commonwealth, with the city or town clerk, 
and with the secretary of the state committee of the polit- 
ical party which it represents, a list of the ofiicers and 
members of the committee. 

A vacancy in the oflSce of chairman, secretary or treas- Vacancies. 



302 



Acts, 1899. — Chap. 346. 



Term of office 
of menibere of 
existiiia ward 
coiumitteeB. 



1898, 548, § 87, 
atueDded. 



Certain 
caiiciiees to 
be held on one 
of two consecu- 
tive days. 



Copy of call 
with designa- 
tions of dates 
to be forwarded, 
etc. 



Representative 
conventions, 
date of holdiim. 



urer of a city, ward or town committee shall be filled by 
the committee, and a vacancy in the membership of a town 
or ward committee shall be filled by such committee, and 
a statement of any such change shall he filed as in the 
case of the officers first chosen. 

The term of oflSce of members of all ward committees 
existing at the date when this act takes eftect shall expire 
on the thirty-first day of December in the year eighteen 
hundred and ninety-nine. 

Section 2. Section eighty-seven of said chapter is 
hereby amended by inserting after the word "may", in 
the thirteenth line, the words : — except in Boston, — also 
by inserting after the word " which", in the twenty-fourth 
line, the words : — except in Boston, — so as to read as 
follows : — Section 87. AH caucuses of political parties 
(except for special elections) for choice of delegates to 
political conventions which nominate candidates to be 
voted for at the annual state election, and for the nomi- 
nation of candidates to be voted for at such election, shall 
be held throughout the Commonwealth on one of two con- 
secutive days, designated by the state committee of the 
political party for which said caucuses are held ; and all 
of said delegates shall be elected and all of said candidates 
shall be nominated at one caucus, excej)t that caucuses 
held for choice of delegates to a representative district 
convention, or for nomination of candidates for the gen- 
eral court, may, except in Boston, be called and held as 
hereinafter provided. Such caucuses shall be held at the 
call of the state committee of the political party whose 
caucuses are to be held, and the chairman and secretary 
of the state committee of each political party shall at 
least twenty-one days before the date on which the cau- 
cuses are to be held forward a copy of the call, with des- 
ignations of dates to the chairman and secretary of each 
city and town committee of their party, and they shall 
at the same time designate two other consecutive days, 
which shall be at least seven days later than the designa- 
tion above provided, as dates on which, except in Boston, 
caucuses may be held for choice of delegates to a repre- 
sentative district convention, or for nomination of candi- 
dates for the general court. Each city or town committee 
shall determine on which one of said two dates such rep- 
resentative caucuses shall be held in their city or town. 

No representative conventions shall be held at a date 
earlier than fifteen days after the latest date designated 



Acts, 1899. — Chap. M7. 303 

by the state committee for holding caucuses for the choice 
of delegates to the state convention. 

Section 3. Section one hundred and two of said ^^^i^^^M 102, 
chapter is hereby amended by striking out the whole 
of said section and inserting in place thereof the follow- 
ing : — Section 102. All such caucuses of a political ^^'■'"'" 

~. , .... . ^ cauctiBcs relat- 

party for the choice 01 a political committee in cities, ingtocityoi 
for the choice of candidates for a city or town election, to'be Lw o°u " 
and for the choice of delegates to a convention to nomi- '*'^"®^''y- 
nate candidates for such election, except caucuses relating 
to a special election, shall be held on the same day in each 
city and town. The city or town committee shall fix the 
days for holding all caucuses mentioned in this section, 
and all calls for the same shall be issued by its chairman 
and secretary. 

No two political parties shall hold their caucuses on the Party first HUng 
same day. The party first filing a copy of the call for a enuti«ito 
caucus with the city or town clerk, or in Boston with the p''«'^'''*«°'=*^- 
board of election commissioners, shall be entitled to prece- 
dence as to the day so fixed. 

Sectiox 4. This act shall take efiect upon its passage. 

Approved May 8, 1899. 



Chap.Ml 



An Act uelative to the house ok cokrection ix Suffolk 

COUNTY. 

Be it Oicicted, etc., as follows : 

Sectiox 1. The penal institutions commissioner of the House of cor. 
city of Boston, with the approval of the mayor of said coLmicte/in 
city, shall construct on one of the islands belonging to 8"^°"^ '=°"°'y- 
said city in Boston harbor, suitable buildings for a house 
of correction for the im})risonment of persons convicted 
in the courts of the Commonwealth. 

Section 2. When said buildings are completed the wheu corn- 
governor shall issue his proclamation establishing a house fo'^H^ue°pTVc-"^ 
of correction in said buildings ; and thereafter said house '='™^"°°- 
of correction shall be subject to all general and special 
laws relating to houses of correction. 

Section 3. As soon as may be after the establishment Removal of 

/••Ti f * i'i i""« prisoners. 

of said house ot correction the said penal institutions com- 
missioner shall remove all the prisoners from the house 
of correction in Suffolk county, in that part of the city 
of Boston known as South Boston, to the house of cor- 
rection established under this act; and when all said 
prisoners have been so removed the said house of correc- 



304 



Acts, 1899. — Chap. 348. 



Repeal. 



Citj' of Boston 
may incur 
indebtednesB, 
etc. 



tion at South Boston shall cease to be a house of correc- 
tion. 

Section 4. So much of chapter five hundred and 
thirty-six of the acts of the year eighteen hundred and 
ninety-six as requires the establishment of the Suffolk 
county reformatory is hereby repealed. 

Section 5. Said city of Boston may incur indebted- 
ness not exceeding four hundred thousand dollars for the 
purposes of this act. Of this amount one hundred thou- 
sand dollars shall be appropriated for this object each 
year, for four successive years, beginning with the cur- 
rent year. When the house of correction at South Bos- 
ton ceases to be used as herein provided the land and 
buildings shall be sold and the proceeds of such sale shall 
be paid into a sinking fund for the redemption of any 
bonds issued for the purpose of constructing the buildings 
herein provided for. 

Section 6. This act shall take effect upon its passage. 

Approved May 9, 1899. 



Ch(lJJ.34S ^^ ■'^CT TO AUTHORIZE TRUST COMPANIES TO ACT AS EXECUTORS 

AND IN OTHER FIDUCIARY CAPACITIES. 



Trust compa- 
nies nftay be 
appointed 
executora of 
wilU, etc. 



ProviBo. 



Capital Btoclt, 
etc., to be held 
as securiiy. 



Returns, etc., 
may be signed 
by an oflicer 
authorized by 
company, etc. 



Be it enacted, etc., as follows : 

Section 1. Any trust company incorporated under 
the laws of this Commonwealth may be appointed and 
may act as executor of any will, codicil, or writing tes- 
tamentary, as administrator with the will annexed, or 
administrator of the estate of any person deceased, as re- 
ceiver, as assignee, or as guardian of any person subject 
to guardianship, under the same circumstances, in the 
same manner, and subject to the same control by the 
court having jurisdiction, as in the case of a natural per- 
son legally qualified : provided, that any such appoint- 
ment as guardian shall apply to the estate only and not 
to the person of the ward. 

Section 2. The capital stock of any company thus 
appointed, together with the liabilities of the stockholders 
of trust companies, shall be held as security for the faith- 
ful discharge of the duties undertaken by virtue of this 
act, and no surety shall be required upon the bonds filed 
by such company, except as hereinafter provided. In all 
proceedings in the probate court, or elsewhere, connected 
with any authority exercised under this act, all accounts, 



Acts, 1809. — Chap. :M8. 305 

returns and other papers may be signed and sworn to in 
behalf of the company by any officer thereof duly author- 
ized by it ; and the answers and examinations under oath 
of such officer shall be received as the answers and ex- 
aminations of the company ; and the court may order and 
compel any and all officers of the company to answer and 
attend said examinations, in the same manner as if they, 
instead of the company, were parties to the proceedings 
or inquiry : provided, hovever, that the company shall not I'roviso. 
be required to receive or hold any property or moneys or 
to execute any trust contrary to its own desire. 

Section 3. All moneys, property or securities re- ceriain moneys, 
ceived or held by any such company under the provisions separate from'' 
of this act shall be kept separate and distinct from its of "ompaDy"*'^'' 
general business, and shall not be mingled with the in- 
vestments of the capital stock or other moneys or i)rop- 
erty belonging to such company, or be liable for the debts 
or obligations thereof. 

Section 4. The court making any such ai)pointment Additional 

, . . , • i. . 1 \ • Becurity may 

may, upon application by any interested party, require be required in 
any company which shall have been so appointed to give '""'*^'" "^'*^''** 
such security in addition to that provided by section two 
of this act, as the court may deem proper, and upon 
failure of such company to give additional security as 
required may revoke such appointment and remove such 
company from the trust. 

Section 5. No trust company shall l)egin to exercise Not to exercise 
the powers and duties described in this act until it has untTfluthoHzed 
applied for and received the written authority of the board gr^g o°™^higr" 
of commissioners of savings banks so to do, and such banks. 
board is hereby authorized to grant or to decline to grant 
such authority after such investigation of the affairs of 
the company as it may deem expedient. 

Section (5. In addition to the examinations of such Additional 
companies now required to be made by law the board of of c™mpan°ies 
commissioners of savings banks may make such further "'"y''®™'"*®' 
examinations of every company exercising the powers 
granted in this cha|)ter as it may deem necessary, and 
shall make such examinations when requested or ordered 
so to do by any court of competent jurisdiction. The 
said board may cause any examination of such a company 
to be made by an expert under its direction, but at the 
expense of the company. 

Section 7. This act shall take eftect upon its passage. 

Approved May 9, 1899. 



306 



Acts, 1899. — Chap. 349. 



1895, 488, § 3, 
etc., amended. 



To construct, 
etc., a system 
of metropolitan 
water works. 



Metropolitan 
Water District. 



(7/i«».349 -^^ -^^^ RELATIVE TO SUPPLYING CERTAIN CITIES AND TOWNS 
WITH WATER FROM THE METROPOLITAN WATER SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter four hundred and 
eighty-eight of the acts of the year eighteen hundred and 
ninety-five, as amended by chapter three hundred and 
ninety-two of the acts of the year eighteen hundred 
and ninety-eight, is hereby amended by inserting after 
the word "town", in the thirtieth line, the words; — 
last referred to, — so as to read as follows : — Section 3. 
Said board, acting for the Commonwealth, shall con- 
struct, maintain and operate a system of metropolitan 
water works substantially in accordance with the plans 
and recommendations of the state board of health, con- 
tained in their report to the legislature of the year eight- 
een hundred and ninety-five, and shall provide thereby a 
sufficient supply of pure water for the following named 
cities and towns, and the inhabitants thereof, to wit: — 
The cities of Boston, Chelsea, Everett, Maiden, Medford, 
Newton and Somerville, and the towns of Belmont, Hyde 
Park, Melrose, Revere, Watertown and Winthrop, which 
cities and towns shall constitute the Metropolitan Water 
District ; shall secure and protect the purit}' of said water ; 
shall on application furnish water to any city or town 
aforesaid that at the time of application owns its water 
pipe system ; shall on application admit any other city 
or town, any part of 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 sys- 
tem in any town within said ten miles, on such water 
company assuming the assessments of the town, if any, 
and making such payment of money as said board may de- 
termine ; and may from time to time furnish water to any 
other city, town or water company, on such payment of 
money as said board may determine : provided, that any 
such city or town last referred to shall first have acquired 
the works of any water company therein situated, con- 
structed for the purpose of supplying said city or town 
or its inhabitants with water. All payments of money 



Certain cities 
and towns may 
be admitted, 
etc. 



Proviso. 



Acts, 1899. — Chap. 350. 307 

aforesaid shall be distributed to the cities and towns in DiBtribution 
said district in proportion to the total amount of the an- Cf S^y^^ 
nual assessments theretofore paid by them respectively, wat^e'r ^etc! °^ 
Said board shall furnish said water to the city, town or 
company, by delivering the same into a main water })ipe, 
reservoir or tank of the city, town or company, under 
sufficient pressure for use without local pumping, unless 
delivered in some other manner by mutual agreement 
between the parties interested ; and shall have the direc- 
tion and control of the connections between the metro- 
politan 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 suit- 
able 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 au- 
thorized by said board shall have all the powers relating 
to the production, sale and transmission of power and 
electricity given by this act to said board. 

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

Approved May 9, 1899. 



Chap.350 



An Act relative to clerical assistance for clerks of courts. 
Be it enacted, etc., as follows: 

Section 1. Section thirty-three of chapter one hun- p. s. 159, §33, 
dred and fifty-nine of the Public Statutes, as amended by ®''''^™^° ^'^• 
chapter two hundred and thirty-eight of the acts of the 
year eighteen hundred and ninety-eight, is hereby further 
amended by inserting after the word " employed", in the 
seventh line, the words: — including also those, — so as 
to read as follows : — Section 33. Clerks shall be allowed clerical assist- 

, . . ance for clerks 

for extra clerical assistance, upon their certificates that the of courts. 
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 com- 
missioners by a writing signed by them, or in Suffolk 
county the board of aldermen by vote, approve. Said 
sums shall be paid from the county treasury monthly to 
the person or persons employed, including also those who 
may be assistants appointed by the clerks under the pro- 
visions of section nine of this chapter. 

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

Approved May 9, 1899. 



308 



Acts, 1890. — Chap. 351. 



Chcip.351 ^^ ^^'^ '^^^ INCORPORATE THE WALTIIAM, AVER AND PEPPERELL 

STREET RAILWAY COMPANY. 



Waltham, Aycr 
and Pepperell 
Street Railway 
Company 
incorporated. 



May construct, 
etc., its railway 
in Waltham 
and certain 
towns. 



Location. 



Not to be con- 
Btructed in 
certain part of 
Concord with- 
out consent, etc. 



Motive power, 
etc. 



Be it enacted, etc., asfolloics: 

Section 1. Carl Dickinson, Harry F. Downs, Rufus 
H. Sawyer, Arnold Blaser, Charles K. Bibber, Frank S. 
Arnold, Elmer E. Chain, Edward P. McKissick and War- 
ren F. Freeman, their associates and successors, arc hereby 
made a corporation under the name of the Waltham, Ayer 
and Pepperell Street Railway Company, with all the powers 
and privileges and subject to all the duties and restrictions 
set forth in all general laws which now are or hereafter 
may be in force relating to street railways. 

Section 2. Said company may locate, construct, main- 
tain and operate its railway, with single or double track, 
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 
Waltham and in the towns of Lexington, Bedford, Con- 
cord, Acton, Littleton, Ayer, Groton, Pepperell and Dun- 
stable, subject in said city and in each of said towns to 
the approval and under the control of the mayor and 
board of aldermen of said city and of the selectmen of 
said towns, respectively, as provided by general law ; and 
subject also to the approval and consent of the Massachu- 
setts highway commission as to any part of said railway 
located upon a state highway. The location of said rail- 
way outside of public streets and highways shall not ex- 
ceed fifty feet in width, with convenient turn-outs and 
switches. 

Section 3. No part of said railway shall be constructed 
in that part of Main street in Concord lying between Wal- 
den street and River street, without the consent in writing 
of two thirds of the owners of land abutting on the pro- 
posed line of track in that street. 

Section 4. Said company may maintain and operate 
its railway by any approved power other than steam, and 
may 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 Waltham within 
said city, and of the selectmen of the towns of Lexington, 
Bedford, Concord, Littleton, Acton, Ayer, Groton, Pep- 
perell and Dunstable, within said towns, may erect such 



Acts, 1899. — Chap. 351. 309 

poles and wires in tlie streets and highways as may be 
necessary to establish and maintain such motive power. 
It may acquire b}' purchase or lease all necessary real 
estate and water power for its power stations and other 
uses incident to the proper maintenance of its railway. 

Section 5. The capital stock of the company shall not capital stock. 
exceed five hundred thousand dollars, but the company 
may increase its capital stock in accordance with the gen- 
eral laws relating to such increase. 

Sectiox 6. Said company, in order to meet expenses May issue 
incurred under this act or by authority thereof, may issue uondfl'et'c. 
bonds payable within a period not exceeding twenty years 
from the date thereof, secured by mortgage of its franchise 
and property in such amount as the board of railroad com- 
missioners may approve, and subject to the general laws 
relative thereto, and in such mortgage may reserve to its 
ilirectors the right to sell or otherwise in due course of 
business to dispose of property included therein which 
may become unsuitable for use, provided an equivalent in 
value is substituted therefor. 

Section 7. Said company may act as a common carrier May act as 
of ])a2'irage and of small parcels of merchandise : j^^'ovided, carrier of 
that it^shall not so act in the city of Waltham until au- p^^vS.^*'' 
thorized so to do by a two thirds vote of the city council 
of said city, or in the towns of Lexington, Bedford, Con- 
cord, Acton, Littleton, Aver, Groton, Pepperell or Dun- 
stable, until so authorized in any of the said towns by a 
two thirds vote of the voters of such towns present and 
voting thereon at an annual meeting or at a special meet- 
ing duly called for the purpose ; and provided, further, 
that said company shall, in carrying baggage and small 
parcels of merchandise, be subject to such ordinances, 
regulations and by-laws as may be established by said 
city and towns in relation to the carriage of parcels of 
merchandise and baggage within said city and said towns, 
respectively. Said company shall also be subject to the 
provisions of chapter seventy-three of the Public Stat- 
utes and of all other laws relating to common carriers. 

Section 8. The authority hereby granted shall cease Authority to 

• /» •! f ,^ i"'!^*" X J.J.1 cease under 

it ten miles ot the proposed railway are not constructed eortaincon- 
and put in operation prior to the tirst day of November 
in the year nineteen hundred and one, and if said railway 
is not constructed and in operation in the city of Wal- 
tham and in each of the towns herein named within four 



ditious. 



310 



Acts, 1899. — Chaps. 352, 353. 



years from the granting of the locations by the proper 
authorities. 

Section 9. This act shall take effect upon its passage. 

Axjproved May 9, 1899. 



Determination 
of title, etc., to 
property held 
by public ware- 
liouseiuen, etc. 



Gka,p.'352 ^'^^ -^^"^ KELATIVE TO PUBLIC WAREHOUSEMEN ANI> OTHER DE- 
POSITARIES. 

Be it enacted, etc., asfoUotvs: 

In any action in which recovery of, or the determina- 
tion of the title to, property held by a public warehouse- 
man or other depositary is sought, if it appears that such 
property is claimed by another party than the plaintift', 
whether by the husband or wife of said plaintiff or other- 
wise, the court in which such action is pending, on the 
petition of the defendant, which petition shall give the 
name and residence of all known claimants, and on such 
notice as the court may order to the plaintiff and to such 
claimants, may order the proceedings to be amended by 
making such claimants defendants therein ; and thereupon 
the rights and interests of the several parties in and to 
such property shall be heard and determined. Such prop- 
erty may reiliain in the hands of the public warehouseman 
or other depositary until final judgment, and shall then 
be delivered in accordance with the order of the court. 

Approved May 9, 1S99. 



Chctp.'i^S An Act to authorize abditional clerical assistance for the 

CLERK OK THE MUNICIPAL COURT OF THE CITV OF BOSTON FOR 
CIVIL BUSINESS. 

Be it enacted, etc., asfolloics: 

Section 1. The clerk of the municipal court of the 
city of Boston for civil business shall be paid by the 
county of Suffolk one thousand dollars for clerical as- 
sistance, in addition to the amount now paid to him by 
the county for such assistance : pr-ovided, that no part of 
said sum shall be paid except with the approval of the 
justices of said court or of a majority of them. 

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

Approved Muy 9, W99. 



Additional 

clerical 

aMslBtance. 



Proviso. 



Acts, 1899. — Chap. 354 Sll 

An Act relative to inks for public records and to making (JJin^i 354 
SUCH records hy means of typewriting machines. 

Be it enacted, etc., as foHoics : 

Section 1. No person having the care or custody of ink for public 

' "" records 

any public records in any department or office of the 
Commonwealth, or of any county, city or town therein, 
shall use or permit to be used upon any public record 
written by him or under his direction, any ink except- 
ing such as is furnished by the commissioner of public 
records : provided, hoicever, that printing by typewriting Proviso. 
machines may be allowed upon such records, subject to 
the provisions of section four herein. 

Section 2. Said commissioner shall from time to time commissioner 
advertise for proposals to furnish the several departments Records to 
and offices of the Commonwealth, and of the counties, proposluu)'^ 
cities or towns in which public records are kept, with ink fumiah ink, etc. 
of a standard, and upon conditions to be established by 
the said commissioner, at such periods and in such quan- 
tities as may be required, and the commissioner may con- 
tract for the same. 

Section 3. The inks so furnished, before being ac- inks to be 

,, ., .. 1111 'i*^ examined by a 

cepted by said commissioner, shall be examined by a chemist, etc. 

chemist, to be designated by the commissioner, and if 

at any time any of said inks shall be found to be inferior 

to the estal^lished standard the commissioner shall have 

authority to cancel any contract made for furnishing such 

ink. 

Section 4. No person having the care or custody of Ribbons, etc., 
any public records mentioned in section one of this act writing ma- 

1 ',1 'j. J. \ ^ 1 1 chines to be 

shall use or permit to be used upon such records any approved by 
ribbon, pad or other device used for printing by type- commissioner. 
writing machines, or any ink contained in such ribbon, 
pad or device, except such as is approved by the commis- 
sioner of public records. Such approval shall be with- 
drawn by the commissioner whenever he finds that an 
article approved falls below the standard established by 
him. 

Section 5. Any person violating the provisions of P^na'ty- 
sections one or four of this act shall be punished by fine 
not exceeding fifty dollars. 

Section 6. Chapter three hundred and seventy-eight Repeal. 
of the acts of the year eighteen hundred and ninety-four 



312 



Acts, 1899. — Chap. 355. 



To take effect 
September 1, 
1899. 



and chapter five hundred and ten of the acts of the year 
eighteen hundred and ninety-eight are hereby repealed. 

Section 7. This act shall take eifect on the first day 
of September in the year eighteen hundred and ninety- 
nine. Approved May 9, 1899. 



Chan.'S5i) ^^ ^^"^ relative to the hoard of aldermen of the city op 

BOSTON. 



Division of 
Boston into 
aldermanic 
districia. 



Be it enacted, etc., as folloivs : 

Section 1. The board of aldermen of the city of Bos- 
ton shall consist of thirteen aldermen, and the city is 
hereby divided into eleven aldermanic districts. The 
districts shall be composed, and aldermen shall be elected 
therein, as follows : — 

The first aldermanic district shall consist of wards one 
and two, and one alderman shall be elected therein. 

The second aldermanic district shall consist of wards 
three, four and five, and one alderman shall be elected 
therein. 

The third aldermanic district shall consist of wards six 
and eight, and one alderman shall be elected therein. 

The fourth aldermanic district shall consist of wards 
seven, nine and thirteen, and two aldermen shall be elected 
therein. 

The fifth aldermanic district shall consist of wards ten 
and nineteen, and one alderman shall l)e elected therein. 

The sixth aldermanic district shall consist of wards 
eleven and twenty-five, and one alderman shall be elected 
therein. 

The seventh aldermanic district shall consist of wards 
twelve and eighteen, and one alderman shall l)e elected 
therein. 

The eighth aldermanic district shall consist of wards 
fourteen and fifteen, and one alderman shall be elected 
therein. 

The ninth aldermanic district shall consist of wards six- 
teen, twenty and twenty-four, and two aldermen shall be 
elected therein. 

The tenth aldermanic district shall consist of wards 
seventeen and twenty-one, and one alderman shall be 
elected therein. 

The eleventh aldermanic district shall consist of wards 
twenty-two and twenty-three, and one alderman shall be 
elected therein. 



Acts, 1899. — Chap. 355. 313 

Section 2. The qualified voters of each district at every Election of 
annual municipal election shall give in their ballots for ''''^*"™'"'- 
qualified voters of the district, for aldermen, to the num- 
ber to be elected therein as hereinbefore specified, and 
the candidate receiving the greatest number of such bal- 
lots shall ])e elected alderman, except that in the fourth 
district and in the ninth district the person receiving the 
greatest number of such ballots, and the person receiving 
the next greatest number of such ballots, shall be elected 
aldermen. 

Section 3, In case a vacancy shall occur in the board ^'ac-incies. 
■of aldermen, either from non-election, death, resignation 
or otherwise, an election to fill the vacancy shall be held 
on such day as shall be determined by the remaining mem- 
bers of the board, whether a quorum or otherwise, and 
the same proceedings shall be had as are hereinbefore pro- 
vided for at an annual election. The course so prescribed 
shall be repeated as may be necessary until a full board 
of aldermen is elected. 

Section 4. Every nomination of a candidate for alder- Nomination of 
man to be made by a political party which at the preced- ''''°'*"^"""'- 
ing state election polled for governor three per cent of 
all the votes cast in the state for that office, shall be made 
by direct plurality vote at party caucuses held in the sev- 
eral w^ards in the districts in which the candidates are 
to be voted for at the election, and the name of the per- 
son who in the aggregate of all the votes cast in a district 
for alderman receives the greatest number of such votes, 
shall have his name placed on the official election ballot 
as the candidate of the party for alderman of that district, 
except that in the fourth and ninth districts provided for 
by this act the person receiving the greatest number of 
such votes and the person receiving the next greatest num- 
ber of such votes shall have their names so placed. 

Section 5. In case of a failure to nominate in any dis- Proceedings in 
trict by reason of a tie vote, or of the death, withdrawal ^rnominate'/^ 
or ineligibility of any candidate nominated as aforesaid, "^''^^''^^^^'ei'^- 
the chairman and secretary of the city committee of the 
party holding the caucus shall forthwith call together in 
convention all the members of the ward committees in 
the wards comprising such district. Said chairman and 
secretary shall act as chairman and secretary, respectively, 
of the convention, but shall have no right to vote by virtue 
of their offices. The secretary shall call the roll of the 
convention, and each member shall rise and announce for 



S14 



Acts, 1899. — Chap. 355. 



Nomination by 
nomination 
papers of can- 
didates to be 
voted for at 
caucuses. 



Nomination by 
nomination 
papers of can- 
didates to be 
voted for at 
elections. 

Ballots, etc., to 
be returned to 
election com- 
missioners, etc. 



Certain provi- 
sions of law to 
apply. 



Term of office, 
salary, ete. 



Repeal. 



whom he votes. The candidate receiving the majority of 
all the votes so cast shall be declared the nominee of the 
party for that district, and the chairman and secretary of 
the convention shall forthwith certify the fact to the board 
of election commissioners, who shall place his name upon 
the official ballot. 

Section 6. Nomination by nomination papers of a 
candidate for alderman to be voted for at such caucuses, 
shall be made only by papers containing the signatures of 
not less than five registered voters of each ward in the 
aldermanic district for which the nomination is to be made, 
who shall be members of the party holding the caucus. 

Section 7 . Nomination by nomination papers of a can- 
didate for alderman to be voted for at an election shall be 
made only by papers containing the signatures of at least 
one hundred registered voters of the district. 

Section 8. The ballots cast at such caucuses and the 
returns for the candidates voted for thereat shall be re- 
turned to the board of election commissioners of said city 
as ballots and returns of elections in said city are returned, 
and said board shall have the same power and perform the 
same duties in determining the results of said caucuses as 
in determining the results of elections in the several pre- 
cincts of said city. Said board shall place on the official 
election ballot the names of all candidates for aldermen 
nominated at caucuses or by nomination papers as afore- 
said. 

Section 9. All provisions of law relating to political 
conventions, nominations, caucuses and elections, and to 
the votes cast thereat, applicable to and not inconsistent 
with the provisions of this act, shall apply to political 
conventions, nominations, caucuses and elections herein 
provided for. 

Section 10. Each alderman shall hold office for one 
year beginning with the first Monday in January follow- 
ing his election, and he shall receive a salary of fifteen 
hundred dollars, in equal monthly payments. All provi- 
sions of law applicable to the board of aldermen, the tem- 
porary and permanent chairman, and the members thereof, 
not inconsistent with this act, shall apply to the board of 
aldermen and the members thereof elected under this act. 

Section 11. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 12. This act shall take effect upon its passage. 

Approved May 9, 1899. 



Acts, 1899. — Chap. 356. 315 

An Act to authorize the city of brockton to take an ad- njidu 356 

DITIONAL WATEK SUPPLY. ^ 

Be it enacted, etc., as foUoics : 

Section 1. The city of Brockton, for the iiurpo8e of Maj takecei. 

1 , 11111 *■'*'" waters, 

increasing its water supply, may take and hold the water iands, etc. 
of Silver lake in the towns of Plympton, Kingston, Hali- 
fax and Pembroke, and may also take, by purchase or 
otherwise, and hold all lands, rights of way and ease- 
ments necessary for holding and preserving such water 
and protecting its purity : provided, that water for domes- Proviso. 
tic purposes, and lands necessary for preserving the quality 
of such water, shall be taken only with the advice and 
approval of the state board of health. 

Section 2. Said city may erect on the land thus taken May erect 
or held proper dams, reservoirs, filter basins, buildings, pipes^'ttV "^ 
fixtures and other structures, and may make excavations, 
procure and operate machinery, and may provide such 
other means and appliances as may be necessary for the 
establishment and maintenance of complete and eftective 
water works ; and may establish all necessary conduits, 
pipes and other suitable structures for distributing water 
in said city, and may construct and lay down aqueducts, 
conduits, pipes and other works in, under, through or 
over any lands, water courses, railroads, or public or 
private ways, within the limits of said city, or from said 
city through any of said towns, or through the towns of 
Whitman and Hanson to said Silver lake, and along any 
such ways in such manner as not unnecessarily to obstruct 
the same. For the purpose of constructing, maintaining 
and repairing such conduits, pipes and other works, and 
for all proper purposes of this act, said city may dig up 
such lands, and, under the direction of the board of select- 
men 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, and 
shall restore and keep in repair such ways, where they 
have been dug up, to the satisfaction of the selectmen of 
the towns in which such ways are situated. The width 
to which land may be condemned for such aqueducts, 
pipes and conduits shall not exceed five rods. 

Section 3. Said city shall, within sixty days after the Description of 
taking of any lands, rights of way, water rights, water b'e"reco^rded.° 
sources or easements under this act, otherwise than by 



316 Acts, 1899. — Chap. 356. 

purchase, file and cause to be recorded in the registry of 
deeds for the county within which the same are situated 
a description thereof sufficiently accurate for identifica- 
tion, with a statement of the purpose for which the same 
were taken, signed by the water commissioners of said 
city. 

^iude™tni!tnie8 SECTION 4. Said city shall have power to exclude all 

and impuriticB, structurcs and impurities from lands taken by condemna- 
tion or otherwise for the purposes of this act, and if any 
public way shall hereafter be laid out in whole or in part 
over said aqueducts, pipes or conduits, such laying out 
shall not prejudice the right of said city to care for, alter 
or repair the aqueducts, pipes or conduits therein or there- 
under. All such public ways shall as far as possible con- 
form to the grade of such aqueducts, pipes or conduits, 
and their surfaces shall be not less than four feet above 
the top of such aqueducts, pipes or conduits, unless a 
difterent construction is agreed upon between said city 
and the town in which such ways are situated. 

Damages. Sectiox 5. Said city shall pay all damages sustained 

by any person, corporation or town, b}' the taking of any 
land, right of way, w^ater, water source, water right or 
easement, or by any other thing done by said city under 
the authority of this act. Any person, corporation or 
town sustaining damages as aforesaid under this act, and 
failing to agree with said city as to the amount thereof, 
may have them determined in the manner provided by 
law when land is taken for laying out highways, on ap- 
plication at any time within two years from the taking 
of any such land or other property or from the doing of 
any other injury under the authority of this act ; but no 
such application shall be entertained after the expiration 
of two years from such taking. No application for as- 
sessment of damages shall be made for the taking of any 
water or water rights, or for any injury thereto, until the 
water is actually" withdrawn or diverted by said city under 
the authority of this act. 

Penalty for SECTION 6. If auv pcrsou shall, without the consent 

corruption of /. , , , . "^ . * /• • i -j. i 

water, etc. ot the watcr commissioucrs ot said city, use any water 
taken or obtained under this act, or shall wantonly or 
maliciously divert the water or any part thereof, or cor- 
rupt the same, or destroy or injure any dam, aqueduct, 
pipe, conduit, hydrant, machinery or other property held, 
owned or used by said city under the authority of and for 



Acts, 1899. — Chap. 35(3. 317 

the purposes of this act, he shall forfeit and pay to said 
city three times the amount of damages assessed therefor, 
to be recovered in an action of tort ; and on conviction 
of any of the wanton or malicious acts aforesaid may be 
punished by a fine not exceeding three hundred dollars 
or by imprisonment in a jail or house of correction for a 
term not exceeding one year. 

Section 7. Said city may, for the purpose of paying cuyof Brock. 
the necessary expenses and liabilities incurred under the sTppiy^Loanl*"^ 
provisions of this act, issue from time to time bonds, 
notes or scrip to an amount not exceeding five hundred 
thousand dollars. Such bonds, notes or scrip shall bear 
on their face the words. City of Brockton New Water 
Supply Loan, and 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 ex- 
ceeding four per cent per annum, and shall be signed by 
the treasurer of the city and countersigned by the mayor. 

Section 8. Said city may sell such securities at public saie. etc.of 
or private sale, or may pledge the same for money bor- *'^''"""'"'- 
rowed for the purposes of this act, upon such terms and 
conditions as it may deem proper : provided, that such Proviso. 
securities shall not be sold for less than their par value. 
Said city shall pay the interest upon said loan as it ac- 
crues, and shall provide at the time of contracting said 
loan for the establishment of a sinking fund, and shall 
annually contribute to such fund a sum sufficient with the 
accumulations thereof to pay the principal of the 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. 

Section 9. The water commissioners of the city of ^ayb" supplied 
Brockton shall, upon application by the selectmen of any wuh water. 
town herein named, after the first day of January in the 
year nineteen hundred and one, provided the work herein 
contemplated is then completed, supply such town with 
water from Silver lake for the extinguishment of fires 
and for domestic and other purposes. In case a town not 
herein named desires a supply of water as aforesaid such 
town shall first obtain from the state board of health an 
opinion in writing to the efl'ect that Silver lake is a natural 
and proper source of supply for the town, and upon })res- 
entation of such an opinion the water commissioners shall 
furnish water to said town by delivering the same in a 



318 



Acts, 1899. — Chap. 357. 



Determination 
of price to be 
paid for water. 



Rights of cer- 
tain towns not 
affected. 



Provisos. 



When to take 
effect. 



main water pipe, reservoir or tank of the town, under the 
head or pressure required and maintained by said city, 
unless it be delivered in some other manner by agreement 
between the parties interested. Said commissioners shall 
have the direction and control of all connections made 
between the city and town systems, but the cost of such 
connections shall be paid by the town for which they are 
made. 

Section 10. The price to be paid by any town for 
water delivered to it, or by any person, corporation or 
water company taking said water under authority of the 
selectmen of such town, if not determined by mutual 
agreement, shall be determined by three commissioners 
to be appointed by the supreme judicial court, upon ap- 
plication of either party and notice to the other ; and the 
award of said commissioners when accepted by the court 
shall be binding upon the parties for the term of five years. 

Section 11. Nothing in this act shall interfere with 
the right granted to the town of Whitman by chapter 
three hundred and twenty-nine of the acts of the year 
eighteen hundred and ninety-six, nor prevent the towns 
of Plympton, Kingston, Halifax or Pembroke from tak- 
ing an independent supply of water from said Silver lake : 
jwovided, that satisfactory arrangements cannot be made 
with said city therefor; Sind, provided, furfhe7\ that when- 
ever said water is taken by any town as an independent 
source of supply it shall be taken under the advice and 
with the approval of the state board of health, and sub- 
ject to the restrictions which that board may impose, and, 
provided, further, that each town taking an independent 
supply of water shall pay its proportionate part of the 
damages which the city of Brockton may be called upon 
to pay for the storage and improvement of the waters of 
said Silver lake. 

Section 12. This act shall take eft'ect upon its passage, 
but shall become void unless work under this act is begun 
within three years from the date of its passage. 

Approved May 10, 1899. 



Ghap.mi 



Appeals in 
actions at law 
upon de- 
murrers. 



An Act relative to appeals in actions at law upon de- 
murrers AND AGREED FACTS. 

Be it eriacted, etc. , as follows : 

Section 1. In all actions at law in the superior court 
in which a demurrer is filed, and where such demurrer is 



Acts, 1899. — Chaps. 358, 359. 319 

either overruled or is sustained and judgment ordered 
thereon, notice of the entry of judgment shall be sent 
immediately by the clerk to the parties or to their attor- 
neys ; and an appeal, if any, shall be claimed within thirty 
days from the time of such entry of judgment. 

Section 2. In all actions at law in the superior court Appeals in 

, i actions at law 

in which an agreed statement of facts is filed and judg- ^ipon agreed 
ment ordered for either party, notice of the entry of 
judgment shall be sent immediately by the clerk to the 
parties or to their attorneys ; and an appeal, if any, shall 
be claimed within thirty days from the time of such entry 
of judgment. 

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

Apjjroved May 10^ 1899. 

An Act to provide for the protection of historical mono- QJiav.'SSS 

MENTS. 

Be it enacted^ etc., as follows: 

Whoever wilfully or maliciously removes, displaces. Penalty for in. 
destroys, defaces, mars or injures any monument, tablet hist^oruai' ° 
or other device erected to mark an historic place or to ™°°"'»en"'- 
commemorate an historic event, shall be punished by a 
fine not exceeding one hundred dollars or by imprison- 
ment not exceeding one year. Ajypwved May 10, 1899. 

An Act relative to the registration and protection of CJiary/S^Q 

LABELS, trade-marks, STAMPS AND FORMS OF ADVERTISEMENTS. 

Be it enacted, etc. , as folloivs : 

Section 1. Section one of chapter four hundred and aa^ended.^ ^' 
sixty-two 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- 
ing : — Section 1. Any person, firm, association, union Adoption of 

.. ijiiiji 1, labels, trade- 

or corporation may adopt a label, trade-mark, stamp or markB, etc. 
form of advertisement not previously owned or adopted 
by any other person, firm, association, union or corpora- 
tion, and may file such label, trade-mark, stamp or form 
of advertiseaient for record, by depositing two copies or 
facsimiles thereof in the oflSce of the secretary of the Com- 
monwealth, one of which copies or facsimiles shall be 
attached by the secretary of the Commonwealth to the 
certificate of record hereinafter referred to ; and shall 
file therewith a certificate specifying the name or names 



320 



Acts, 1899. — Chap. 359. 



Adoption of 
labels, tiade- 
markf, etc. 



Secretary of 
the Common- 
wealth to issue 
:i certificate of 
record. 



Proof of adop- 
tion of label, 
etc., existence 
of person, etc. 



Fee for filing. 



Certain labels, 
etc., not to be 
recorded. 



189.1, 462, § 2, 
amended. 



Rules, regula- 
tions and forms 
for filing, etc. 



of the person, firm, association, union or corporation so 
filing such label, trade-mark, stamp or form of advertise- 
ment, his or its residence, situation or place of business, 
the kind of merchandise to which such label, trade-mark, 
stamp or form of advertisement has been or is intended 
to be appropriated, and the length of time, if any, during 
which it has been in use. In case such label, trade-mark, 
stamp or form of advertisement has not been and is not 
intended to be used in connection with merchandise, then 
the particular purpose or use for which it has been or is 
intended shall be stated in the cei-tificate. Such certificate 
shall be accompanied by a written declaration, verified 
under oath by the person or by some member of the firm, 
or ofiicer of the association, union or corporation by which 
it is filed, to the efl'ect that the part}' so filing such label, 
trade-mark, stamp or form of advertisement has a right 
to use the same, and that no other person, firm, associa- 
tion, union or corporation has the right to such use, either 
in the identical form or in any such near resemblance 
thereto as may be calculated to deceive, and that the 
copies or facsimiles filed therewith are true and correct. 
The secretary of the Commonwealth shall issue to tlie 
person, firm, association, union or corporation depositing 
such label, trade-mark, stamp or form of advertisement, 
a certificate of record, under the seal of the Common- 
wealth, and the secretary shall cause the certificate to be 
recorded in his ofiice. Such certificate of record, or a 
certified copy of its record in the office of the secretary 
of the Commonwealth, shall in all suits and prosecutions 
under this act be sufficient proof of the adoption of such 
label, stamp, trade-mark or form of advertisement, and 
of the existence of the person, firm, association, union or 
corporation named in the certificate. The fee for filing 
the certificate and declaration and issuing the certificate 
of record herein described shall be two dollars. No label, 
trade-mark, stamp or form of advertisement shall be re- 
corded which could reasonably be mistaken for a label, 
trade-mark, stamp or form of advertisement already on 
record. 

Section 2. Section two of said chapter four hundred 
and sixty-two is hereby amended by inserting after the 
word "trade-marks", in the third line, the word: — 
stamps, — so as to read as follows : — Section 2. The 
secretary of the Commonwealth is authorized to make 



Acts, 18i)9. — Ouai'. 359. 321 

rules and regulations, and prescribe forms for the filing 
of labels, trade-marks, stamps and forms of advertise- 
ment under the provisions of this act. 

Section 3. Section four of said chapter four hundred 1895.462. §4, 

. • 1 1 11 amended. 

and sixty-two is hereby amended by striking out the 
whole of said section and inserting in place thereof the 
following : — Section 4. Every ])erson who, without au- Penalty for un- 
thority from the owner of a label, trade-mark, stamp or oriabeis%te? 
form of advertisement recorded as aforesaid, shall make, 
use, sell, ofier for sale, or deal in, or have in his posses- 
sion with intent to use, sell, offer for sale, or deal in any 
counterfeit or imitation of such label, trade-mark, stamp 
or form of advertisement, knowing the same to be coun- 
terfeit or imitation, and every person who, without au- 
thority from such owner shall affix, impress or use such 
label, trade-mark, stamp or form of advertisement upon 
any goods, shall be punished by a fine not exceeding two 
hundred dollars, or by imprisonment not exceeding one 
year, or by both such fine and imprisonment. 

Section 4. Every person who shall, with intent to Penalty for the 

ipj 1 •! i*ij?ii manufacture, 

defraud any person or persons, knowingly and wilfully etc., of dies, 
cast, engrave or manufacture, or have in his possession, withTnt°elt'fo°'' 
or buy, sell, offer for sale or deal in, any die, plate, defraud. 
brand, mould, or engraving on wood, stone, metal or 
other substance, of any label, trade-mark, stamp or form 
of advertisement recorded pursuant to the statutes of this 
Commonwealth, or any printing presses, types or other 
tools, machines, or materials provided or prepared for 
making any counterfeit or imitation of such label, trade- 
mark, stamp or form of advertisement, shall be punished 
by a fine not exceeding tw'o hundred dollars or by im- 
prisonment not exceeding one year, or by both such fine 
and imprisonment. 

Section 5. xVny person who shall, with intent to de- Penalty for aid 
fraud any persons, knowingly and wilfully aid or abet in violation o°f 
the violation of any provision of this act or of said chapter gfong'of^'^rw." 
four hundred and sixty-two shall be punished by a fine 
not exceeding one hundred dollars or by imprisonment 
not exceeding six months, or by both such fine and im- 
prisonment. 

Section G. Section six of said chapter four hundred amended.^ ^' 
and sixty-two is hereby amended by inserting after the 
word "trade-mark", in the third line, the word: — 
stamp, — also by inserting in the last line, after the 



322 



Acts, 1899. — Chap. 359. 



Defendant in 
any suit, etc., 
may show prior 
ownerships. 



1895, 462, § 7, 
amended. 



Repeal, etc. 



P. S. 212, § 2, 
etc., amended. 



Search warrants 
for counter- 
feits or imita- 
tions of labels, 
etc. 



word "person", the word: — firm, — and also by strik- 
ing out the words "or union", in the last line, and in- 
serting in place thereof the words : — union or corporation, 

— so as to read as follows : — Section 6. In any suit or 
prosecution under the provisions of this act the defendant 
may show that he or it was the owner of such label, trade- 
mark, stamp or form of advertisement prior to its being 
filed under the provisions of this act, and that it has been 
filed wrongfully or without right by some other person, 
firm, association, union or corporation. 

Section 7. Section seven of said chapter four hun- 
dred and sixty-two is hereby amended by inserting in the 
fifth line, before the word "advertisements", the words: 

— forms of, — so as to read as follows : — Section 7. 
Chapter four hundred and forty-three of the acts of the 
year eighteen hundred and ninety-three is hereby re- 
pealed. But this repeal shall not afl^ect any legal pro- 
ceedings, civil or criminal, instituted under or by virtue 
of said act ; and all labels, trade-marks, stamps and forms 
of advertisements already recorded according to the pro- 
visions of section four of said chapter, shall be deemed 
to have been duly recorded according to the provisions 
of this act. 

Section 8. Section two of chapter two hundred and 
twelve of the Public Statutes, as amended by section two 
of chapter three hundred and forty-two of the acts of the 
year eighteen hundred and eighty-five, and by chapter 
two hundred and eighty-four of the acts of the year eight- 
een hundred and ninety, is hereby further amended by 
adding thereto the following, namely : —Tenth, To search 
for counterfeits or imitations of any label, trade-mark, 
stamp or form of advertisement recorded pursuant to the 
statutes of this Commonwealth ; any goods upon which 
any such counterfeit or imitation has been im[)ressed, 
affixed or used ; and any dies, plates, brands, moulds, 
engravings, or printing presses, types, or other tools, 
machines and materials prepared or provided for making 
any such counterfeit or imitation. 

Approved May 11^ 1899. 



Acts, 1899. — Chaps. 360, 361. 323 



An Act relative to fines and fokkeitukes under the laws Ch(ip.3G0 

I'ROTECTINft KISII AND GAME. 

Be it enactedy etc., as follows: 

Section 1. All fines, penalties and forfeitures derived Hne"e?c°^ 
from i)rosoi'iitions for violation of the laws ])r()tectino; fish "nderiawH 

I • 1 • 1 /•-( protecting hsh 

and aanie shall be })aid, one halt thereot to the Common- and game, 
wealth and one half to the complainant, unless the com- 
plainant is a deputy appointed by the commissioners of 
inland tisheries and game, receiving compensation from 
the Commonwealth, in which case the whole of such tine, 
penalty or forfeiture shall be paid to the Commonwealth. 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

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

Approved May 11, 1899. 

An Act relative to the duties of assessors in the city of QJidjy^^^Q^ 

BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter five hundred ^^^;,^^^'§ ^^• 
and forty-eight of the acts of the year eighteen hundred 
and ninety-eight is hereby amended by inserting after 
the word "them", in the fifteenth line, the words: — In 
Boston the assessors shall, by themselves or the assistant 
assessors, in making the lists of male persons liable to 
be assessed for a poll tax, and of the women voters, as 
above provided, proceed as follows: — Two assessors or 
two assistant assessors, not being of the same political 
party, shall together visit every building and verify each 
other's work upon the spot, and the names of the male 
persons liable to be assessed, and of the women voters, 
as above provided, shall be written down at every build- 
ing upon the spot in the books furnished by the assessors, 
before the next building is visited, — so as to read as 
follows : — Section 16. The assessors, assistant assessors, ABsessorsto 
or one or more of them, shall annually, in the month of maie persons 
May or June, visit every building in their respective cities ta'lt.^"**^" 
and towns, and, after diligent inquiry, shall make true 
lists containing, as nearly as they can ascertain, the name, 
age, occupation and residence, on the first day of May 
in the current year, and the residence on the first day of 
May in the preceding year, of every male person twenty 



324 



Acts, 1899. — Chap. 361. 



To make lists 
of woraeu 
voters. 



Proceedings of 
assessors in 
Boston iu mak- 
ing lists. 



Assessors to 
correct errors. 



To preserve 
papers for two 
years. 



1898, 548. §21, 
amended. 



years of age or upwards, residing in their respective 
cities and towns, liable to be assessed for a poll tax ; and 
shall inquire at the residences of the women voters whose 
names are contained in the list transmitted to them by the 
registrars under section forty-tive of this act whether such 
women voters are resident thereat, and shall thereupon 
make true lists of the women voters found by them. 

In Boston the assessors shall, by themselves or the as- 
sistant assessors, in making the lists of male persons liable 
to be assessed for a poll tax, and of the women voters, as 
above provided, proceed as follows: — Two assessors or 
two assistant assessors, not being of the same political 
party, shall together visit every buikling and verify each 
other's work upon the spot, and the names of the male 
persons liable to be assessed, and of the women voters, 
as above provided, shall be written down at every build- 
ing upon the spot in the books furnished by the assessors, 
before the next building is visited 

The assessors shall, upon the personal application of 
an assessed person for the correction of any error in their 
original lists, and whenever informed of any such error, 
make due investigation, and, upon proof thereof, correct 
the same on their books. They shall cause all applica- 
tions, certificates and affidavits received by them under 
this section to be preserved for two years. 

Section 2. Section twenty-one of said chapter is 
hereby amended by adding after the word ''provided", 
in the fifth line, the words: — and shall cause to be 
printed in some newspaper published in Boston the name 
and residence of each j)erson thus assessed or certified, 
together with the names and residences of the two wit- 
nesses who have testified for such person. The names 
and residences of such })crsons and witnesses shall be 
printed, as above provided, within two days after the 
number of names of persons thus assessed or certified, 
not printed, reaches fifty, and on the day when such 
number is reached the names to be printed within such 
two days shall include the names of all such persons and 
witnesses up to the close of business in the office of the 
assessors on such day. The names and residences of the 
persons thus assessed or certified shall be printed in Roman 
type, and immediately following each of such names shall 
be printed in Italic type, the names and residences of the 
two witnesses who have testified for such person. The 



Acts, 1899. — Chap. 362. 325 

names of such persons and witnesses shall be arranged 
and printed, as above provided, by wards and precincts, 
— so as to read as foHows : — Section 21 . The assessors xamesand 
shall enter the name and residence of each person thus pe^rso'^nlTaB." 
assessed or certified, in a book provided for that purpose, brrecord'ed and 
and opposite to each name the names, occupations and printed, etc. 
residences of the persons who have testified as above 
})rovidcd, and shall cause to be printed in some news- 
paper published in Boston the name and residence of each 
person thus assessed or certified, together with the names 
and residences of the two witnesses who have testified for 
such person. The names and residences of such persons 
and witnesses shall be printed, as above provided, within 
two days after the number of names of persons thus as- 
sessed or ceilified, not printed, reaches fifty, and on the 
day when such number is reached the names to be printed 
within such two days shall include the names of all such 
persons and witnesses up to the close of business in the 
office of the assessors on such day. The names and resi- 
dences of the persons thus assessed or certified shall be 
printed in Roman type, and immediately following each 
of such names shall i)e printed in Italic type, the names 
and residences of the two witnesses who have testified for 
such person. The names of such persons and witnesses 
shall be arranged and printed, as above provided, by wards 
and precincts. 

In every place where voters are registered, the regis- copies of sec 

, ■," • 1 1 ji 1 • • i 1 tions prescrib- 

trars, and m every place where oaths are administered as iug penalties 
required by this act, the assessors, shall post in a con- tobeposted. 
spicuous place a copy of sections three hundred and eighty- 
five and three hundred and eighty-six of this act, printed 
on white paper with black ink, in type not less than one 
quarter of an inch wide. 

Section' 3. This act shall take eftect on the first day to take effect 
of August in the j'ear eighteen hundred and ninety-nine. August i, 1899. 

Approved May 11^ 1899. 
An Act kelative to additions to and alterations and re- QJi(ir>.3Q2i 

FAIRS OK SCHOOL BUILDINGS IN THE CITV OF BOSTON. 

Be it enacted, etc., as folloivs : 

Section 1. Section six of chapter two hundred and ip. 241. §6 

/. 1 etc., amended. 

forty-one of the acts of the year eighteen hundred and 
seventy-five, as amended by chapter two hundred and 



326 Acts, 1899. — Chap. 363 



ninety-seven of the acts of the ^^ear eighteen hundred 

and eighty-nine, is amended by striking out the words 

" order to be made", and inserting in place thereof the 

School com- word : — make, — so as to read as follows : — Section 6. 

mittee of Bob- ' . i n i /> 1 1 i ^i "^ 

ton, powers and ihc school Committee shall have luU power and authority 
to make on the school buildings any additions, alterations 
and repairs, for school purposes, which it deems to be 
necessary ; to provide temporary accommodations for 
school purposes ; to select, l)ond and purchase the land 
required for school buildings and their yards ; and to 
fix finally and conclusively the plans for school buildings 
to be erected ; provided that nothing herein shall author- 
ize said school committee, in behalf of the city of Boston, 
to expend or contract to expend for said purposes any 
money in excess of the amount previously appropriated 
therefor. 

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

Approved May 12, 1899. 

C^«/?.363 An Act to authorize the town of winthrop to incur indebt- 
edness BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF 
CONSTRUCTING, IN CONJUNCTION WITH THE METROPOLITAN PARK 
COMMISSION, A SHORE ROAD. 

Be it enacted, etc., asfoUoivs: 

dlbtJdneeV"' Section 1. Thc towu of Winthrop, for the purposes 
beyond debt ^f laying: out and constructing:, in coniunction with the 

limit, issue *'V. ,.^, '^,. . -, 

bonds, etc. metropolitan park commission, a shore road in said town 
between Great Head and Grover's cliff, and of securing 
the adjacent beach as a public reservation, may incur in- 
debtedness beyond the limit fixed by law to an amount 
not exceeding fifty thousand dollars, and may issue l)onds, 
notes or scrip therefor. Such bonds, notes or scrip shall 
be payable within thirty years from the date thereof and 
shall bear interest at a rate not exceeding five per cent 
per annum. 
^^ements'To" Sectiox 2. Said town is authorized to enter into 
the construction agreements with said commission for carrying out the 
etc. ' purposes above mentioned, and to that end is hereby 

authorized and empowered to pay over from time to 
time, as it may see fit, any portion or the whole of the 
amount which may be borrowed under the provisions of 
this act to the treasurer and receiver general of the Com- 
monwealth, to l)e placed by him to the credit of and added 
to the funds provided by law for meeting the expenses of 



Acts, 1899. — Chap. 364. 827 

the metropolitan park commission, and such sum or sums 
paid over as aforesaid may be expended by said commis- 
sion in addition to any loans or appropriations authorized 
for park purposes. 

Section 3. This act shall take effect when it is ac- when to take 
cepted by the said town at a meeting duly warned and ^^'^'^^' 
held for that purpose. Apjyroved May 12, 1899. 

An Act relative to the authority op foreign surety com- QJia-Q 364 

PANIES TO become SURETY ON BONDS TO THE COMMONWEALTH. 

Be it enacted, etc., asfolloivs: 

Section 1. Section sixty-one of chapter five hundred 1894, 522, § ei, 

^ ■■ , amended. 

and twenty-two of the acts of the year eighteen hundred 
and ninety-four is amended by inserting after the word 
"corporation", in the seventeenth line, the words: — or 
to the Commonwealth of Massachusetts, — so as to read 
as follows : — Section 61. Any company organized under Fidelity insur- 
this act or chartered by any other state or government to panie8°may 
transact fidelity insurance and corporate suretyship, and o^persons'aiui 
qualified to do business in this Commonwealth, may make ^ond8*etc'^°" 
contracts of insurance to guarantee the fidelity of persons 
holding positions of trust in private or public employ- 
ment or responsibility, and may, if accepted and ap- 
proved by the court, magistrate, obligee, or person 
competent to approve such bond, act as surety upon the 
official bond or undertaking in civil procedure of any 
person or corporation to the United States, to the Com- 
monwealth of Massachusetts, or to any county, city, 
town, judge of probate and insolvency, sherifi* or other 
court, magistrate or public officer, or to any corporation 
or association public or private ; and also may act as 
surety upon any bond or undertaking to any person or 
corporation, or to the Commonwealth of Massachusetts, 
conditioned upon the performance of any duty or trust 
or for the doing or not doing of anything in said bond 
specified, and upon bonds to indemnify against loss any 
person or persons who are responsible as surety or sureties 
upon a written instrument or otherwise for the perform- 
ance by others of any office, employment, contract or 
trust. AVhere by law two or more sureties are required ^%tv^in*cer°'* 
upon any obligation such company is authorized to insure, tain cases. 
it may act as sole surety thereon, and may be accepted 
as such by the court, magi.strate or other officer or per- 
son authorized to approve the sufficiency of such bond or 



328 



Acts, 1899. — Chap. 364. 



Limit of liabil- 
ity a company 
may iocur. 



Sureties may 
be secured 
against loss in 
certain cases. 



Proviso. 



Certain con- 
tracts con. 
Armed, etc. 



undertaking ; and so much of section one of chapter one 
hundred and forty-three of the Public Statutes as re- 
quires that sureties on bonds to a judge of probate shall 
be residents of the Commonwealth shall not be construed 
to forbid the acceptance of a qualified foreign corporation 
as joint or sole surety on any such bond. No such com- 
pany shall incur in behalf or on account of any one per- 
son, partnership, association or corporation a liability for 
an amount larger than one tenth of its paid up capital, 
unless it shall be secured from loss thereon beyond that 
amount by suitable and sufficient collateral agreements 
of indemnity, by deposit with it in pledge or conveyance 
to it in trust for its protection, of property equal in value 
to the excess of its liability over such limit, or, in case 
such liability is incurred in behalf or on account of a 
fiduciary holding property in a trust capacity, by such 
deposit or other disposition of a suitable and suflficient 
portion of the estate so held, that no further sale, mort- 
gage, pledge or other disposition can be made thereof 
without such company's approval, except by the decree 
of a court having proper jurisdiction. 

Any person, partnership, association or corporation 
holding property for the benefit of another, except w'hen 
acting under wills allowed or trusts created before the 
passage of this act, may make such covenants with the 
surety or sureties upon his ofiicial bond as shall enable 
such fiduciary to secure said surety or sureties from loss 
in any manner provided by this section : jy^'ovided, hoic- 
ever, that if such fiduciary was appointed by the decree 
of any court within this Commonwealth, the approval of 
such court shall first be obtained to such covenant. A 
copy of such covenant, duly acknowledged in the manner 
required for the acknowledgment of deeds of real estate, 
may be filed and recorded as follows : in the office of the 
clerk or register of the court in which such fiduciary ob- 
tained his appointment ; if not appointed ])y the decree 
of court, in the manner provided by law for the record 
of deeds of real estate, if said covenant concerns real 
estate, or mortgages of personal property, if said cov- 
enant concerns personal property. Such record shall ])e 
notice to and binding on all persons. 

Section 2. All contracts of suretyship heretofore 
made with the Commonwealth of Massachusetts by any 
company organized under chapter five hundred and twenty- 



Acts, 1899. — Chaps. 365, 366. 329 

two of the statutes of the year eighteen hundred and ninety- 
four, or cliartered by any other state or government to 
transact fidelity insurance and corporate suretyship busi- 
ness, and qualified to do business in this Commonwealth, 
are hereby confirmed and shall in all respects be valid and 
binding. 

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

Apjmwed May 12, 1899. 



Chap.'^Gry 



An Act relative to the annual expenditures of the hoard 
of gas and electric light commissioners. 

Be ft enacted, etc., as folio ivs : 

Section 1. The board of gas and electric light com- oasandeiec- 
missioners may expend a sum not exceeding three thou- comralssioneiM, 
sand dollars annually in procuring statistics, books and ^^p^"**""- 
stationery, and for other necessary incidental expenses. 
They may also expend a sum not exceeding thirty-five 
hundred dollars annually for clerical assistance. The 
amounts expended under this section shall be assessed 
and collected as is now provided by law for the assess- 
ment and collection of the other expenses of said board. 

Section 2. Section one of chapter four hundred and Repeal. 
sixty-three of the acts of the year eighteen hundred and 
ninety-five is hereby repealed. 

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

Approved May 12, 1899. 



(7A«29.3()6 



An Act relative to the watering of streets in the city 

OF boston. 

Be it enacted, etc., as folloics : 

Section 1. The board of aldermen of the city of city of Boston 

'' may be divided 

Boston may divide the territory of said city into two or intoBtieet 
more street watering districts, and the same shall continue tricts, etc. 
until changed or abolished by said board ; and may pro- 
vide that the owners of estates abutting upon public ways 
or parts thereof in any or all of said districts shall pay 
an assessment of a certain specified sum per linear foot 
of their estates so abutting, to be used for watering each 
way or part thereof to the same extent in the same dis- 
trict, and may provide that any of such districts shall be 
watered at the expense of the city. 

Section 2. The board of assessors of said city shall ^etMm?ne'° 
determine the amount of each assessment required to be amount of each 



330 



Acts, 1899. — Chap. 367. 



PerBone ag- 
grieved may 
have pharee 
considered by 
street commis- 
sioners, etc. 



1897, 419, to 
apply. 



paid for each estate in a district, in accordance with the 
assessment provided for as aforesaid, for that district. 

Section 3. Any person aggrieved by any charge for 
watering streets by the city may, on application to the 
board of street commissioners within one month after 
notice of such charge has been given to him, have such 
charge considered by said board, and the board, if such 
action is required to make the charge reasonable, shall 
abate a part or the whole thereof, and if the charge has 
been paid the treasurer of the city shall, on the certificate 
of the board stating the amount abated, repay such amount. 

Section 4. The provisions of chapter four hundred 
and nineteen of the acts of the year eighteen hundred 
and ninety-seven, relating to the watering of streets in 
cities, shall, so far as they are applicable and not incon- 
sistent with this act, apply to the collection of assess- 
ments for watering streets under the provisions of this 
act. 

Section 5. This act shall take effect upon its passage. 

Ax>proved May 12, 1899. 



C7AttX>.367 ^^ ^^"^ MAKING APPROPRIATIONS FOR THE MASSACHUSETTS HIGH- 
WAY COMMISSION. 



Appropriations, 



MaseacbuBetts 
highway com- 
missioD. 

EngineerB, 
clerks, etc. 



Expenses. 



Be it enacted, etc., asfolloivs: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, to meet the 
expenses of the Massachusetts highway commission for 
the year eighteen hundred and ninety-nine, to wit : — 

For salaries of the Massachusetts highway commission, 
six thousand dollars. 

For salaries of engineers, clerks and assistants in the 
oflSce of the Massachusetts highway commission, a sum 
not exceeding seventeen thousand and sixty dollars. 

For travelling and other expenses of the commissioners, 
printing, postage and necessary office expenses, a sum not 
exceeding five thousand four hundred and forty dollars. 

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

Approved May 12, 1899. 



Acts, 1899. — Chap. 368. 331 



An Act relative to the licensing of engineeks and firemen. (7/^(279.368 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to have PereonBin 
charire of or to operate a steam boiler or engme in this tain'^fteam'^'"^' 
Commonwealth, except boilers and engines upon locorao- be"rce*n8*'ed!' *° 
tives, motor road vehicles, boilers in private residences, 
boilers in apartment houses of less than live flats, boilers 
under the jurisdiction of the United States, boilers used 
for agricultural purposes exclusively, boilers of less than 
eight horse power, and boilers used for heating purposes 
exclusively which are provided with a device approved 
by the chief of the district police limiting the pressure 
carried to fifteen pounds to the square inch, unless he 
holds a license as hereinafter provided ; and it shall be 
unlawful for any owner or user of a steam boiler or 
engine, other than those boilers or engines above ex- 
cepted, to operate or cause to be operated a steam boiler 
or engine for a period of more than one week, unless the 
persons in charge and operating such boiler or engine are 
duly licensed. 

Section 2. If any such steam engine or boiler is Evidence of 

/, -, . .. . '^ , /. jii violation of 

lound at any time m charge ot or operated by a person law. 
who is not a duly licensed engineer or fireman, and if, 
after a lapse of one week from such time, the same is 
again found to l)e operated by a person or persons not 
duly licensed, it shall be deemed prima facie evidence of 
a violation of section one of this act. 

Section 3. Any person desiring to act as engineer or Examination of 
fireman shall make application for a license so to act, to gramingof 
the examiner of engineers for the city or town in which i^'^*'"**^"- ^"=- 
he resides or is employed, upon blanks to be furnished 
by the examiner. The application must show his expe- 
rience during the preceding three years or time of service. 
The applicant shall be given a practical examination, and 
if found competent and trustworthy, he shall receive 
within six days after the examination, a license graded 
according to the merits of his examination, irrespective 
of the grade of license for which he applies. The appli- 
cant shall have the privilege of having one person present 
during his examination, who shall take no part in the same, 
but who may take notes, if he so desires. No person shall 
be entitled to receive more than one examination within 



332 



Acts, 1899. — Chap. 368. 



Classification 
of licenses. 



Oertain words 
iletined. 



Horse power of 
boilers, etc., 
how ascer- 
tained. 



ninety days, except in tlie case of an appeal as herein- 
after provided. A license shall continue in force for 
three years, or until the same is revoked for incompetency 
or untrustworthiness ; and a license shall remain revoked 
until a new license is granted. A license, unless revoked, 
shall at the end of said three years be renewed by an ex- 
aminer of engineers upon application and without exam- 
ination, if the application for renewal is made within six 
months of the expiration of the license. In case a new 
license of a different grade is issued the old license must 
be destroyed in the presence of the examiner. In case 
of the loss of a license bj' tire or other means a new 
license shall be issued in its place, without re-examina- 
tion, upon satisfactory proof of such loss to an examiner. 

Section 4. Licenses shall be granted according to the 
competency of the applicant, and shall be distributed in 
the following classes : — Engineers' licenses : — First class, 
unlimited in horse power. Second class, to have charge 
of and operate any boiler or boilers and any engine not 
exceeding one hundred and fifty horse power. Third 
class, to have charge of and operate any single boiler and 
any engine not exceeding fifty horse power. Firemen's 
licenses : — First, to operate any boiler or boilers. Second, 
to have charge of and operate low pressure heating boilers 
where the pressure carried is less than twenty-five pounds 
to the square inch. Any person desiring to have charge 
of or to operate any particular steam plant or type of 
plant, may be examined as to his competency for such 
service and no other, and if found competent and trust- 
worthy shall be granted a license for such service and no 
other ; and the holder of such special license may have 
the same transferred to some other particular plant of the 
same type and horse power, without re-examination. 

Section 5. The words "have charge", in this act, 
shall be construed to designate the person under whose 
supervision a boiler or engine is operated. The " person 
operating ", shall be understood to mean any and all per- 
sons actually engaged in generating steam in any power 
boiler. 

Section 6. The horse power of any boiler shall be 
ascertained upon the basis of three horse power for each 
square foot of grate surface, for a power boiler, and on 
the basis of one and one half horse power for each square 
foot of grate surface, if the boiler is used for heating pur- 



Acts, 1899. — Chap. 368. 333 

poses exclusively. The engine power shall be reckoned 
upon a basis of a mean effective pressure of forty pounds 
per square inch of piston for a simple engine ; fifty pounds 
for a condensing engine ; and seventy pounds for a com- 
pound engine, reckoned upon area of high pressure piston. 

Section 7. All applications for licenses shall be ac-i">Hfor 
companied by a fee of one dollar. All fees so paid shall 
be accounted for by the examiners, to the chief of the 
district police, who shall return the same monthly to the 
treasurer of the Commonwealth. 

Section 8. The boiler inspection department of the Enforcement 
district police shall act as examiners and enforce the pro- ° P'o^'«'"n«- 
visions of this act. 

Section 9. Any person dissatisfied with the action of f^j-Xa ma 
an examiner in refusing or revoking a license, may appeal appeal, etc. 
from his decision within one month from such decision, 
to the remaining examiners, who shall together act as a 
board of appeal, and a majority of whom shall have the 
power to hear the parties and pass upon the subjects of 
appeal. The party appealing may have the privilege of 
having one first class engineer present during the hearing 
of his appeal, who shall take no part in the same. The 
decision of the majority of such remaining examiners so 
acting shall be final, if approved by the chief of the dis- 
trict police. 

Section 10. An engineer's or fireman's license granted Licenses to be 

o I'l placed in con- 

under this or previous acts shall be placed so as to be easily spicuous 

read, in a conspicuous place in the engine room or boiler 

room of the plant operated by the holder of such license. 

Section 11. Whoever violates any of the provisions Penalty, etc. 
of this act shall be punished by fine of not less than ten 
nor more than three hundred dollars, or by imprisonment 
not exceeding three months. Any trial justice may in 
his discretion take jurisdiction in complaints for viola- 
tions of this act, and in such cases may impose a fine 
not exceeding fift}' dollars. 

Section 12. All acts and parts of acts inconsistent Kepeai. 
herewith ai-e hereby repealed : provided, however , that Proviso. 
such repeal shall not invalidate any license granted under 
the acts repealed, and licensees holding licenses so granted 
shall have the same powers given by section four of this 
act to licensees of a similar grade. 

Section 13. This act shall take effect upon its passage. 

Apjjroced May 12, 1899. 



334 Acts, 1899. — Chap. 369. 



(77lff/?.369 An Act to establish the boundary line between the com- 
monwealth OF MASSACHUSETTS AND THE STATE OF NEW HAMP- 
SHIKE. 

Be it enacted^ etc., as foUoivs : 

beuveen^ilZl>^. Section 1. The boundarj line between the Common- 
chuBetts aud wealth of Massachusetts and the state of New Hampshire 

New Uiinip- iiii ii i'«i rii • A- 

shire estab- shall bc and hereby is fixed as lollows, to wit : — Begin- 



lished 



ning at the southwest corner of the state of New Hamp- 
shire, at the centre of a copper bolt in a granite monument 
set in the shore on the western bank of the Connecticut 
river near South Vernon railroad station, and distant 
south, eighty-seven degrees forty-six minutes forty-five 
seconds east, five hundred and eighty-two feet from a 
large polished granite monument standing on the western 
bank of the river above high water mark ; thence south, 
eighty-seven degrees twenty-three minutes thirty seconds 
east, three thousand three hundred and fifty-six feet, to 
a granite monument standing on the east side of the Doo- 
little road ; thence south, eighty-seven degrees twenty 
minutes east, nine thousand one hundred and twenty-one 
and five tenths feet, to a granite monument at the corner 
of Northfield and AVarwick, Massachusetts ; thence south, 
eighty-seven degrees forty minutes thirty seconds east, 
twenty-three thousand and ninety feet, to a granite monu- 
ment at the corner of Winchester and Richmond, New 
Hampshire ; thence south, eighty-seven degrees fifty-two 
minutes thirty seconds east, eleven thousand six hundred 
and eleven and five tenths feet, to a granite monument at 
the corner of Warwick and Royalston, Massachusetts ; 
thence south, eighty-eight degrees eight minutes east, 
twenty-one thousand three hundred and fifty feet, to a 
granite monument at the corner of Richmond and Fitz- 
william. New Hampshire ; thence south, eighty-seven 
degrees fifty-five minutes thirty seconds east, twenty-four 
thousand nine hundred and seventeen feet, to a Varnum 
monument, recut, at the corner of Royalston and Win- 
chendon, Massachusetts ; thence south, eighty-seven de- 
grees fifty-nine minutes east, eight thousand seven hundred 
and thirteen feet, to a granite monument at the corner of 
Rindge and Fitzwilliam, New Hampshire ; thence south, 
eighty-seven degrees thirty minutes east, twenty-six thou- 
sand one hundred and seventy-five feet, to the corner 



Acts, 1899. — Chap. 'Mi9. 335 

of Winchendon and Ashburnhaiii, Massachusetts; thcnco Boundary iino 
south, eighty-eight degrees twenty-five minutes thirty eiui»ett«and 
seconds east, fourteen thousand one hundred and forty- BiMro estaif." 
eiffht feet, to a granite monument at the corner of Rindije ^^'*^^'^- 
and New Ipswich, New Hampshire ; thence south, eighty- 
seven degrees forty-nine minutes thirty seconds east, eight 
thousand one hundred feet, to a granite monument at the 
corner of Ashburnliam and Ashby, Massachusetts ; thence 
south, eighty-eight degrees six minutes east, twenty thou- 
sand one hundred and thirty-seven feet, to a granite monu- 
ment standing at the west side of the Whitney road; 
thence south, eighty-seven degrees iifty-six minutes thirty- 
two seconds east, four thousand nine hundred and ninety- 
two feet, to a granite monument at the corner of New 
Ipswich and Mason, New Hampshire ; tlience south, eighty- 
seven degrees fifty-eight minutes twenty-two seconds east, 
eight thousand eight hundred and twenty-nine feet, to a 
granite monument at the corner of Ashby and Townsend, 
Massachusetts ; thence south, eighty-seven degrees thirty- 
seven minutes forty-eight seconds east, nineteen thousand 
one hundred and ninety-six feet, to a granite monument 
at the corner of Mason and Brookline, New Hampshire ; 
thence south, eiglity-eight degrees ten minutes fifty-three 
seconds east, thirteen thousand two hundred and eiglity- 
two feet, to a granite monument at the corner of Townsend 
and Pepperell, Massachusetts; thence south, eighty-eight 
degrees fifty-three minutes east, five thousand seven hun- 
dred and twentj'-six and five tenths feet, to a granite 
monument at the corner of Brookline and Hollis, New 
Hampshire ; thence south, eighty-eight degrees six min- 
utes fifty-five seconds east, twenty-tliree thousand five 
hundred and seventy-four and five tenths feet, to a granite 
monument on the west bank of the Nashua river ; thence 
south, eiglity-seven degrees fifty-one minutes east, twenty- 
two tliousand nine hundred and nine and five tenths feet, 
across the Nashua river to a granite monument at the 
corner of Dunstable and Tyngsborough, Massachusetts ; . 
thence soutli, eighty-eight degrees thirteen minutes east, 
six thousand five hundred and sixty-two feet, to a granite 
monument standing on the west bank of the Merrimack 
river on the site of the Bancroft Pine ; thence south, 
eighty-eight degrees eleven minutes thirty seconds east, 
twelve thousand four hundred and eighty-eight and five 
tenths feet, to a granite monument at the corner of Pelham 



336 



Acts, 1899. — Chap. 369. 



Boundfiry line 
between Miissa- 
chusettB aud 
New Hump- 
Hhire eetab- 
lished. 



and Hudson, New Hampshire ; thence south, eighty-eight 
degrees tive minutes fort}^ seconds east, seventeen thou- 
sand three hundred and sixty-seven and five tenths feet, 
to the boundary pine monument, so-called, standing be- 
tween the towns of Pelham, New Hampshire, and Dracut, 
Massachusetts, in the pasture land owned by Zachariah 
Coburn, at a point where one George Mitchell, surveyor, 
marked a pitch pine tree, March twenty-one, seventeen 
hundred and forty-one, then supposed to be three miles 
due north of a place in the Merrimack river formerly 
called Pawtucket Falls, now Lowell ; thence north, eighty- 
nine degrees fifty-five minutes fifteen seconds east, seven 
thousand three hundred and seventy-two feet, to a granite 
monument called Leslie, standing between Pelham and 
Dracut aforesaid ; thence north, thirty-nine degrees forty 
minutes forty-five seconds east, six thousand six hundred 
and seventy-four and three tenths feet, to a granite monu- 
ment called Wilson, standing on the easterly side of the 
highway leading from Dracut to Pelham, on the land 
formerly of Clifton Wilson ; thence north, twenty-eight 
degrees thirty-eight minutes east, six thousand one hun- 
dred and fourteen and seven tenths feet, to a granite monu- 
ment called Smith, on land owned by S. E. Young, between 
the towns of Dracut and Pelham ; thence north, forty-two 
degrees twenty-four minutes ten seconds east, five thou- 
sand one hundred and fifty-seven feet, to a granite monu- 
ment called Dracut Corner on land of the Harris brothers, 
between Dracut and Methuen ; thence north, forty-nine 
degrees thirty-nine minutes forty-five seconds east, three 
thousand four hundred and twenty and six tenths feet, to 
a granite monument called Harris, standing in the Ord- 
way pasture, at the corner of Pelham and Salem, New 
Hampshire ; thence north, sixty-eight degrees twelve min- 
utes fifteen seconds east, two thousand three hundred and 
fourteen and two tenths feet, to a granite monument called 
Noyes, on land of F. B. Fellows, between Methuen, Mas- 
sachusetts, and Salem, New Hampshire ; thence north, 
eighty degrees fifty-four minutes thirty seconds east, three 
thousand seven hundred and one feet, to a granite monu- 
ment called Webster, on land owned by A. J. Wel)ster, 
of Salem, New Hampshire ; thence south, seventy-three 
degrees thirty-five minutes thirty seconds east, eleven 
thousand seven hundred and seventy-four feet, to a granite 
monument called Strougwater, on land owned by S. C. 



Acts, 1899. — Chap. 369. 337 

Kimball, between the towiia of Salem and Methuen ; Boundary line 
thence north, three degrees twenty-six minutes tive seconds chuseu" .fnT*" 
west, nineteen thousand five hundred and seventy-three ^irees'tTb'-' 
and four tenths feet, to a granite monument called Poor, ''«bed. 
on land of Samuel Poor, between the towns of Methuen 
and Salem ; thence north, thirty-eight degrees fifty-seven 
minutes twenty seconds east, one thousand tive hundred 
and ninety-three and seven tenths feet, to a granite monu- 
ment at the corner of Haverhill and Methuen, Massachu- 
setts, on land of A. B. Noyes ; thence north, thirty-eight 
degrees thirty-six minutes fifteen seconds east, six thou- 
sand seven hundred and eighty-two and three tenths feet, 
to a granite monument called Captain's pond, at the corner 
of Salem and Atkinson, New Hampshire, on land owned 
by David Webster of Haverhill, Massachusetts ; thence 
north, sixty-two degrees six minutes fifteen seconds east, 
five thousand six hundred and fifty-one feet, to a granite 
monument called Proctor, on the westerly side of North 
Broadway, and by land of H. F, Proctor of Haverhill ; 
thence north, sixty-four degrees thirty-four minutes fifteen 
seconds east, four thousand five hundred and twenty-five 
feet, to a granite monument called Foot, between Haver- 
hill and Atkinson, on land of S. P. Foot; thence south, 
seventy-three degrees twelve minutes east, nineteen thou- 
sand one hundred and seventy feet, to a granite monument 
called Lovers' lane, by land of Merrill O. Luce, between 
Haverhill, ^Massachusetts, and Plaistow, New Hampshire ; 
thence north, fifteen degrees fifty minutes east, ten thou- 
sand two hundred and twenty-eight and eight tenths feet, 
to a granite. momunent on Brandy Brow hill, at the com- 
mon corner of Plaistow and Newton, New Hampshire, 
and Haverhill and Merrimac, Massachusetts ; thence north, 
twenty-three degrees twenty-six minutes thirty seconds 
east, six thousand one hundred and fifteen and two tenths 
feet, to a granite monument called Thompson, on land of 
Richard Peaslee, between Merrimac and Newton ; thence 
north, forty-three degrees thirty minutes thirty seconds 
east, tive thousand three hundred and forty-four and four 
tenths feet, to a granite monument called Janes, by land 
of Albert Janes, between Merrimac, Massachusetts, and 
Newton, New Hampshire ; thence north, seventy-seven 
degrees forty minutes thirty seconds east, four thousand 
one hundred and four and eight tenths feet, to a granite 
monument on the easterly side of the highway leading 



338 Acts, 1899. — Chap. 369. 

Boundary line from NewtoD Village to MciTimac, by land of Joseph Hoit, 

between MusBa- ~ • i i • • 

chusetuiiud ot Newton; thence north, seventy-eight degrees torty-six 
shire e "tab- miniitcs thirty seconds east, five thousand one hundred 
^^''^- and foity-tive and three tenths feet, to a granite monu- 

ment called Farnsworth, near a millpond on the easterly 
side of the highway leading from Newton to Amesbury ; 
thence north, seventy-eight degrees fifty-six minutes thirty 
seconds east, eight thousand two hundred and ninety feet, 
to a granite monument called Perley, on land owned by 
the heirs of Perley Eaton ; thence north, sixty degrees 
fifty-two minutes thirty seconds east, five thousand five 
hundred and thirteen and eight tenths feet, to a granite 
monument called Delaware, on the westerly side of the 
highway leading from South IIara[)ton village, by land 
of Oliver F. C. F. Delaware ; thence north, fifty-eight 
degrees eight minutes fifteen seconds east, six thousand 
on>e hundred and thirty-three and seven tenths feet, to a 
granite monument called Kandall, on land formerly of 
William Randall, between South Hampton and Ames- 
bury ; thence north, eighty-one degrees thirty-six min- 
utes east, four thousand and fifty-three and five tenths 
feet, to a granite monument called Evans, standing at 
the common corner of four towns. South Hampton and 
Seabrook, New Hampshire, and Amesbury and Salisbury, 
Massachusetts ; thence north, eighty-nine degrees three 
minutes east, two thousand nine hundred and seventy- 
four and two tenths feet, to a granite monument called 
Bagley, on the easterly side of the highway from Sea- 
brook to Salisbury ; thence south, seventy-three degrees 
twenty-one minutes thirty seconds east, five thousand and 
fourteen and six tenths feet, to a granite monument called 
Morrill, standing just northerly of the highway from Sea- 
brook to Salisbury ; thence south, fifty-one degrees forty- 
six minutes thirty seconds east, twelve thousand nine 
hundred and thirty-two feet, to a granite monument called 
Pike, between the towns of Salisbury and Seabrook ; 
thence north, sixty-four degrees forty-three minutes east, 
three thousand two hundred and sixty and two tenths 
feet, to a granite monument called North dock, on land 
of George SV. True ; thence north, fifty-two degrees thirty 
seconds east, two thousand three hundred and eighty-nine 
and seven tenths feet, to a granite monument called South 
dock, standing on the marsh and on the land now or 
formerly of Souther j theace north, sixty-six degrees tif- 



Acts, 1899. — Chap. 369. 339 

teen minutes thirty seconds east, two thousand seven hun- Boundary une 
dred and seventy-five feet, to Borden's Salisbury Marsh chuscu" and"^" 
station, a copper bolt set in Major's rock and protected ^^ireesTabl" 
by a <rranite tablet; thence north, oighty-six degrees '''*^^'*- 
seven minutes thirty' seconds east, eight hundred and 
seventy-six feet, to the centre of a granite monument on 
Salisbury beach ; thence same course three miles from 
low water mark, to the limit of state jurisdiction, the 
location of said line being shown on two plans marked 
"Map of Massachusetts and New Hami)shire Boundary 
Line, Eastern Section", and "Map of Massachusetts and 
New Hampshire Boundary Line, Western Section", which, 
together with a printed description of the line and the 
monuments marking it, were filed in the office of the sec- 
retary of the Connuonwealth, January thirty, eighteen 
hundred and ninety-nine. The stone monuments at the Descnptiouof 
corners on the eastern section are of granite, sixteen ™°""™«"**' 
inches square, eight and one half feet long and four and 
one half feet above the surface of the ground, marked 
" MASS.", on the south side and " N. H.", on the north 
side. The date, eighteen hundred and ninety, name of 
the angle, and the initial letters of the names of the ad- 
jacent towns, are also cut in the stone. The stone monu- 
ments at the corners on the western section are similar, 
except that they are fourteen inches square, the date is 
eighteen hundred and ninety-four, and the name of the 
angle is omitted. Boundary pine monument is eighteen 
inches square, nine feet long, dressed down five feet, all 
four sides polished, and marked on the south side with 
the letters "MASS.", the initial letter " D.", for Dracut, 
date eighteen hundred and ninety, and the names of the 
Massachusetts commissioners and surveyors, also the names 
of the Massachusetts commissioners and surveyors of eight- 
een hundred and twenty-five. On the north side are the 
letters " N. H.", initial letter "P.", for Pelham, date 
eighteen hundred and ninety, and the names of the Ne^Y 
Hampshire commissioners and surveyors, also the names 
of the New Hampshire commissioners and surveyor of 
eighteen hundred and twenty-five. On the east side are 
the date seventeen hundred and forty-one, Mitchell's boun- 
dary pine, with latitude and longitude of the same, and a 
cut of a pitch pine tree. On the west side are the date 
of the royal decree and the names of the surveyors who 
marked the line originally in seventeen hundred and forty- 



340 



Acts, 1899. — Chap. 370. 



Description of 
monumente, 



When to taiie 
effect. 



one, — George Mitchell and Richard Hazen. Major's rock 
is marked by a irranite tablet three feet square and one 
foot thick, firmly fastened to the rock antl with a circular 
opening in the centre, showing the copper bolt placed 
there by Borden in his survey as a point on the northern 
boundary of Massachusetts, and adopted by the commis- 
sioners. The top surface and sides of the tablet are 
polished and marked with the names of the commis- 
sioners of both states, and with the date eighteen hundred 
and ninety, and the latitude and longitude of the point. 
The southwest corner of New Hampshire and southeast 
corner of Vermont are marked by a copper bolt in the 
apex of a granite block set upon a stone pier and sunk 
in the shore of the western bank of the Connecticut river, 
and its location designated by a large polished granite 
monument, five hundred and eighty-two feet distant on 
the western bank of the river above high water mark, 
and marked on the north, south and east sides with the 
names of the commissioners and surveyors of the three 
states. On the west side the distance and direction to 
and description of said corner are given, with latitude 
and longitude of the same. 

Section 2. This act shall take efiect when a similar 
act is passed by the state of New Hampshire establishing 
the line described in this act. Approved May 12, 1899. 



Chctp.^70 ^^ Act to authorizk the worcesteu and Clinton street 

RAILWAY COMPANY TO CARRY THE UNITED STATES MAIL AND 
ACT AS A COMMON CARRIER OF BAGGAGE AND SMALL PARCELS 
OF MERCHANDISE. 

Be it enacted, etc., asfoHoivs: 

May act as a SECTION 1. The Worccster and Clinton Street Rail- 

common car- ... 

rier of baggage, way Company may act as a counnon carrier oi l)aggage 

and of small parcels of merchandise, and may also carry 
the United States mail : jn^ovided, that said company shall 
not so act in the city of Worcester until authorized so to 
do by a two thirds vote of the city council of said city, 
nor in any town until authorized so to do by a two thirds 
vote of the voters of said town present and voting at an 
annual meeting or at a special meeting called for the pur- 
pose ; provided, further, that said coin}mny shall in carry- 
ing parcels be sui)ject to such by-laws and regulations as 
may from time to time be made by said towns or by the 



Proviso. 



Acts, 1809. — Chap. 871. 341 

city council of said city ; and shall also be subject to the 
provisions of chapter seventy-three of the Public Statutes 
and of all other laws relating to common carriers. 

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

Approved May 17, 1899. 



Cha2?.S71 



An Act to revise tue charter of the city of fall river. 
Be it enacted, etc., as folloivs : 

INCORPORATION. 

Section 1. The inhabitants of the city of Fall River cityof Faii 
shall continue to 1)0 a body politic and corporate under 
the name of the City of Fall River, and as such shall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and shall be subject to all the duties and obli- 
gations, now incumbent upon and appertaining to the city 
as a municii)al corporation. 

Section 2. The territory of said city shall be divided NineVards. 
into nine wards, as at present constituted, until the wards 
are changed under the provisions of law. 

ANNUAL election AND OFFICERS. 

Section 3. The municipal election shall take place Municipal eiec. 
annually on the Tuesday next after the first Monday of niiipa" y^r." 
December, and the municipal year shall begin at ten 
o'clock ia the morning of the first Monday of January 
and continue until ten o'clock in the morning on the first 
Monday of the following January. 

Section 4. At such municipal election the qualified cenaiu officers 

1 ■* to On 6lt?Ct6Cl 

voters shall give in their votes by ballot in the several by baiiot, etc. 
wards for mayor, aldermen and members of the school 
committee, or such of them as are to be elected, and the 
person receiving the highest number of votes for any 
office shall be 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 and including the 
number required to be chosen, receiving the highest num- 
ber of votes shall be declared to be elected. In case of vacancy in 

fr> /» 11 i/»ii otlice or mayor 

a vacancy in the office of mayor the board oi aldermen oi board of 
shall, if such vacancy occurs more than six months pre- " 
vious to the expiration of the term, order an election for 
a mayor to serve for the unex})irod term, and if such 
vacancv occurs in the last six months of the term the 



342 Acts, 1899. — Chap. 371. 

president of the board of aldermen shall act as mayor 
for the unex})ired term. In case of a vacancy in the 
office of alderman the board of aldermen shall proceed 
to elect an alderman from the same [)olitical i)arty as the 
member whose position he is elected to till, to serve until 
the next municipal election, or until his successor is elected 
and qualified. 
Jfr^^etf '°°' Section 5. The mayor shall be elected from the qual- 
ified voters of the city, and shall hold office for the two 
municipal years succeeding his election and until his suc- 
cessor is elected and qualified, except that when elected 
to fill a vacancy he shall hold office for the unexpired term 
and until his successor is elected and qualified. 
men'!t°eltio!rr Section (>. Thc board of aldermen shall be composed 
term, etc. ^yj^ j^jjjg mcmbcrs at large and two members from each 

ward, to be elected as follows : — At the next annual 
municipal election the five candidates for aldermen at 
large who have the highest number of votes cast for 
them for such office shall be declared elected for the term 
of two years, and the four candidates for aldermen at 
large who have the next hio;hest number of votes cast for 
them for such office shall be declared elected for the term 
of one year, and at the first annual municipal election 
thereafter four aldermen at large shall be elected for the 
term of two years, and at the second annual municipal 
election thereafter five aldermen at large shall be elected 
for the term of two years, and thus the number of alder- 
men at large shall be kept at nine by the alternate annual 
election of four aldermen at large for the term of two 
3' ears, and five aldermen at large for the term of two 
years. At the next annual municipal election two alder- 
men shall be elected by the qualified voters of each ward, 
one to serve for a term of one municipal year and one to 
serve for a term of two municipal years next succeeding 
said election. Thereafter there shall be elected by tiie 
qualified voters of each ward one alderman who shall 
serve for a term of two years, except as is herein other- 
wise provided. At each annual municipal election there- 
after there shall be elected aldermen to fill vacancies and 
to succeed those whose terms expire upon the first Mon- 
day of January following. If in any year of a new divi- 
sion of the city into wards the number of Avards «hall be 
changed the term of office of the aldermen elected by 
wards shall expire at the end of the municipal year in 



Acts, 1899. — Chap. 371. 34^ 

which the division is made, and at the annual municipal 
election occurrinir in such year two aldermen shall be 
elected by the qualitied voters of each ward, one to serve 
for a term of on-e year and one to serve for a terra of two 
3'ears next succeedins: said election. Thereafter there shall 
be elected by the (jualitied voters of each ward one alder- 
man who shall serve for a term of two years. 
/» • 

ADMINISTRATION. 

Section 7. The administration of all the fiscal, pru- Adminiatration 
deutial and municipal affairs of said city, with the govern- affairs, etc!'' 
ment thereof, except as is herein otherwise provided, 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 be 
called the board of aldermen, the members whereof shall 
be called aldermen. The executive department shall never 
exercise any legislative power, and the legislative depart- 
ment shall never exercise any executive power, except as 
is herein otherwise provided. 

ORGANIZATION. 

Section 8. On the first Monday of eTanuary, at ten oath of office 
o'clock in the morning, the mayor elect and aldermen aid^men.'"' 
elect shall meet and be sworn to the faithful performance 
of their duties. At any time thereafter the oath may be 
administered to the mayor elect or to any alderman elect 
who was absent or was not then elected. 

BOARD OF ALDERMEN. 

Section 9. The board of aldermen shall be the judge Board of aider- 
of the election and qualifications of its members, and shall of election of 
from time to time make rules for its proceedings. A »J^*^™«'"''^'«' 
majority of all the members of the board shall constitute a Quorum. 
quorum for the transaction of business, but a less number 
may meet and adjourn from time to time. 

Section 10. After the mayor elect and a majority of bSSder"^ 
the aldermen elect have been sworn the board of aldermen ^^'^^ 
shall be called together by the mayor ; a president and vice 
president shall forthwith be elected from the board in the 
order named. The mayor shall preside pending the elec- 
tion of a president, who when elected shall preside during 
the election of a vice president, and at all meetings of the 



344 Acts, 1899. — Chap. 371 . 

])oard theroafter. No other business shall l)e transacted by 
the aldermen until the officers aforesaid have been elected. 
The rice president of the board shall, in the absence of the 
president, exercise all the rights and powers of the presi- 
dent, unless otherwise herein [)rovided. 

tieasm*e'i''cte., Section 11. The board of aldermen as soon as may 

eieeiioii, I'ei.ii,' ])q after tlic clcction of the officers aforesaid shall elect a 
city clerk, who shall also l)e clerk of the board of alder- 
men, a city treasui-er, a city collector, a city solicitor and 
a city auditor. The term of said officers shall begin upon 
the first Monday in March following and continue until 
their respective successors are elected and (|ualified, unless 
they are removed l)y a vote of a majority of all the mem- 
bers of the board, taken by ballot. The city collector 
shall have and exercise all the powers of collectors of taxes, 
and such other powers as the board of aldermen shall by 
ordinance determine. 

Ordinances, SECTION 12. Any Ordinance, order or resolution of 

the board of aldermen may be passed through all its stages 
of legislation at one session if no member of said board 
objects thereto ; l)ut if one or more members object the 
measure shall ])e postponed for that meeting ; and if when 
it is again brought up five or more members object to its 
passage at that meeting a second postponement of at least 
one week shall take place. 

Proceeding* SECTION 13. Evcrv Ordinance, order, resolution or 

ifliilivi- to cer- All 1 /• 1 1 '111 j_ 1 

taiu ordiiiauces, votc of the board of aldermen required by law to be 
presented to the mayor shall be presented by the clerk of 
said board to the mayor for his approval in writing ; and 
thereupon the same proceedings shall be had as are pro- 
vided by law in relation to similar ordinances, orders, 
resolutions and votes of a city council. The clerk shall 
hold every such ordinance, order, resolution or vote for 
twenty-four hours, Sundays and legal holidays excepted, 
and if during such time notice of a motion to reconsider is 
filed with the clerk by any member entitled to make such 
motion the ordinance, order, resolution or vote shall be 
presented to the board at its next meeting ; otherwise it 
shall be presented to the mayor at the expiration of said 
twenty-four hours. 

Board of alder- SECTION 14. The board of aldermen shall, except as 

men, powerx, . , ' •• 

eic- is otherwise provided herein, have and exercise : — 

First. The powers of towns, the powers of boards of 
aldermen, and of the mayor and aldermen and city councils 
of cities under general law. 



Acts, 1899. — Chap. 871. 345 

Second. The powers now held l)y the city of Fall ^en'^'l.owe^r 
Kiver, or by the city council, or by the aldermen, or by etc.' 
the mayor and aldermen of Fall River by special laws. 

Third. The power to take land by eminent domain, piir- 
cha.se, gift or otherwise, for public parks, squares and play- 
irrounds, such })ower to be exercised only by two thirds of 
all the members of the board of aldermen voting by yea 
and nay ; the damages sustained by any i)erson by such 
taking to be determined as provided herein for determin- 
ing the damages occasioned l)y the laying out of town 
ways. 

Fourth. The exclusive i)ower to lay out, locate anew, 
alter, widen and discontinue town ways, streets and high- 
ways, and to order specific repairs or a change of grade 
thereon, with no appeal from the exercise of this power. 
But when the board decides that public necessity or con- 
venience requires any such laying out, locating anew, alter- 
ation, widening, discontinuance, repair or change of grade, 
they shall give a public hearing thereon, notice of which 
ancl of their intention in the matter shall be given in the 
same manner as if it were a notice required by law in re- 
spect to town ways ; and their final decision shall not be 
made until after the said hearing. The hearing may be 
adjourned from time to time. Damages sustained by 
reason of the exercise of the power conferred by this 
clause shall be assessed and awarded by the board, and 
any person aggrieved by the assessment of his damages 
may have the remedies provided by Inw in respect to the 
laying out of town ways. 

Fifth. The power to make ordinances for all purposes 
for which towns and cities may make by-laws and ordi- 
nances under general laws, and to fix penalties for the 
violation thereof, not exceeding twenty dollars for each 
olfence, to be imposed by criminal complaint ; also the 
power to create additional boards, offices and depart- 
ments, to separate and divide the powers and duties of 
such as have already been established, and to fix, increase 
or diminish the number of persons constituting either of 
the 1)oards herein provided for or to be provided for. All 
such ordinances shall take ettect without other sanction or 
approval than is provided in this act. 



346 Acts, 1899. — Chap. 371. 



MAYOR. 

powe""vl8ted Section 15. The executive powers of the city shall 
in mayor, etc. \)q vestcd solclj in the mayoi", and may be exercised by 
him either personally or through the several oflficers or 
boards of the city in their departments, under his general 
superv^ision and control. The mayor shall cause the laws, 
ordinances and orders for the government of the city to 
be enforced, and shall cause a record of all his official acts- 
to be kept, and for that purpose and to aid him in his 
official duties he may appoint one or more clerks and de- 
fine their duties. He shall fix their salaries, subject to 
the a})i)roval of the board of aldermen. The salary of 
the mayor shall not be changed during his term of office. 
^nafn officern Sectiox 16. The mayor may in writing suspend any 
work, etc. ' executive officer, except members of the board of police, 
or any work, and he shall at once report his action and 
his reasons therefor to the board of aldermen. The sus- 
pension of any such officer shall, in fifteen days after said 
report is made, be a removal, unless within that time he 
asks for a hearing before the board, which shall forthwith 
be granted, and upon the conclusion of such hearing the 
board votes that the mayor's suspension be not sustained, 
in which case the officer shall at once be reinstated. Work 
suspended by the mayor may be carried on at his discre- 
tion until action is taken by the board. If the board shall 
within fifteen days after receiving the report vote that the 
mayor's action suspending the work be not sustained the 
work shall be prosecuted forthwith. 
May call apeeiai Section 17. The uiavor shall communicate to the 

ine«tiuga ot i • i ... 

board of alder- board of aldcrmeu such information and shall recommend 
such measures as in his judgment the interests of the city 
require. He may at any time call a special meeting of 
the board of aldermen by causing a notice of such meet- 
ing, specifying the subjects which he desires to have con- 
sidered, to be left at the usual place of residence of each 
alderman, or given to him in hand at least twenty-four 
hours before the time appointed for such meeting ; or in 
ca.se of emergency, of which he shall be the judge, within 
such time as he may deem sufficient. 
office°o7mayor SECTION 18. Whenever there is a vacancy in the office 
etc. ' 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 his office, the president of the 



Acts, 1899. — Chap. 871. 347 

board of aldermen, or in the event of his disability 
through sickness or absence then the vice president of 
the board of aldermen, shall as acting mayor exercise all 
the rights and powers during such vacancy, disability or 
absence, but shall not make any permanent ap[)ointments 
unless authorized by vote of the board of aldermen. 

SCHOOL COMMITTEE . 

Section 19. The management and control of the schooi cam- 
public schools shall l)e vested in the school committee, uour^erm.'^ctc. 
which shall exercise the powers and discharge the duties 
imposed by law upon school committees. The committee 
shall consist of such number of persons, not less than 
nine and divisible by three, as the board of aldermen 
shall from time to time determine ; one third of whom 
shall be elected annually in the same manner as the mayor 
is elected, to serve for a term of three years. 

ASSESSORS. 

Section 20. The board of assessors of the city shall Assessors, eiec. 

•^ tion, term, etc. 

consist of three members, elected by the board of alder- 
men, one of whom shall be elected annually, who shall 
hold office for a term of three years and until their suc- 
cessors are chosen and qualitied. They shall exercise the 
powers and perform the duties now by law vested in and 
incumbent upon assessors of cities and towns. 

BOARD OF HEALTH. 

Section 21. The board of health of the city shall con- Board of health, 
sist of the city physician and two persons, not members tJ^ns^'euT.^^' 
of the board of aldermen, to be appointed by the mayor 
and confirmed by the board of aldermen. The term of 
office of the appointed members shall be two years, and 
one of them shall retire from office on the first Monday 
in February in each year. The city physician shall be 
appointed by the mayor and aldermen for a term of three 
years beginning on the first INIonday in February. Said 
board shall have all the powers and perform all the duties 
now by law vested in and incumbent upon boards of health. 

FIRE department. 

Section 22. The board of aldermen may establish a Fire department 
fire department, and provide by ordinance for the election us^h^ed.Vtc." 



348 



Acts, 1890. — Chap. 371. 



of a chief engineer and assistant engineers, and for the 
election or appointment of other oflScers and members of 
the de[)artment. 



Departroents 
and otiicers. 

ABseBsing 
department. 



Charity 
department. 



Health depart- 
ment 



Law depart- 
ment. 

Fire depart, 
ment. 



Polici' depart- 
ment. 



Engineering 
department. 



Street depart- 
ment. 



Water depart- 
ment. 



Such other 
departments, 
etc., as may lie 
eBtablisbeci. 



DEPARTMENTS AND OFFICERS. 

Section 23. There shall be the following departments 
and officers : — 

First. The assessing department, to be under the 
charge of the board of assessors. 

Second. The charity department, to be under the 
charge of the l)oard of overseers of the poor, appointed 
under the authority of chapter two hundred and seventy- 
fiv^e of the acts of the year eighteen hundred and ninety, 
the provisions whereof are continued in force. 

Third. The health department, to be under the charge 
of the board of health. 

Fourth. The law department, to be under the charge 
of the city solicitor. 

Fifth. The tire department, to be under the charge of 
the chief of the tire department. 

Sixth. The police department, to be under the charge 
of the board of police, appointed under the authority of 
chapter three hundred and tifty-one of the acts of the year 
eighteen hundred and ninety-four, the provisions whereof 
are continued in force. 

Seventh. The engineering department, to be under the 
charge of the city engineer, who shall make and have the 
custody of all plans, surveys, measurements and levels 
appertaining to pul)lic ways, drains, sewers, water works 
and lands, and who shall perform such other duties as the 
board of aldermen may prescribe. 

Eighth. The street department, to be under the charge 
of the surveyor of highways, who shall have charge of the 
construction, alteration, repair, maintenance, care and 
management of, (a) the public ways, sidewalks and 
bridges and the lighting and watering thereof; and (b) 
the public sewers and drains. 

Ninth. The water department, to be under the charge 
of the trustees of the Watuppa water board, who shall 
have charge of the construction, alteration, repair, main- 
tenance, care and management of the water works. 

Tenth. Such other departments and officers to carry 
out municipal work as the board of aldermen from time to 
time, bv ordinance, shall establish. 



Acts, 1899. — Chap. :i71. 349 

Eleventh. The city clerk department, to be under the cuycierk 

, .. , , ',11 department. 

charge ot the city clerk. 

Twelfth. The treasury department, to l)c under the Treasury 

. i- i.1 'i. 1. ./ 1 department. 

charge ot the city treasurer. 

Thirteenth. The collecting department, to he under the coiiectinK 

, ... . 11 X o I department. 

charge ot the city collector. 

Fourteenth. The auditing department, to be under the Auditing 

, ,. , , ., 1.. department. 

charge ot the city auditor. 

The departments provided for in the first ten clauses of panments.'etc. 
this section shall be the executive departments and the 
otticcrs thereof shall be executive officers. 



GENERAL PROVISIONS. 

Section 24. All officers and boards shall, in the exer- pmcersand 

1 1 • • 1 I 11 1 J. 1 t'oards to be 

CISC ot the duties im[)osed upon them, be deemed to be deeinedtobe 
public officers, and for their acts the city shall not be liable etc. """ '"^'"' 
except so far as liability may now exist for the acts of 
public officers performing the same duties. 

Section '2d. No street or way shall hereafter be opened ^c.fo^f iemln"' 
over any private land by the owners, lessees or occupants ^e approved by 
thereof, and dedicated to or permitted to be used by the !j'j^y°^g°'^ 
public, until the width, location and grade of the same 
shall have been approved by the mayor and board of 
aldermen. 

Section 26. Any officer or member of a board shall, giveTt^ormation 
upon request of the board of aldermen, appear before it "po" request. 
and give such information as may be required in relation 
to his department, and any officer or member of a board 
who so appears may speak upon all matters under con- 
sideration relating to his department. 

Section 27. All officers and boards shall have charge contiactB. 
of the making of contracts in their respective departments. 
Every contract made by any officer or board wdiere the 
amount involved is two hundred dollars or more shall ])e in 
writing, shall l)e accompanied by a sufficient bond for the 
faithful performance of the contract, and shall not be 
deemed to have l)een made or executed until the approval 
of the mayor in writing is affixed to the contract and the 
bond, after which they shall be deposited with the city 
auditor. No such contract shall be altered unless the con- 
tractor, the sureties of the bond, if any, the officer making 
the contract, and the mayor, shall in writing agree to such 
alteration. 



350 



Acts, 1899. — Chap. 371. 



No expenditure 
to li8 made, etc., 
beyond amount 
appropriated. 



Persons elected 
or appointed to 
receive certifi- 
cates, etc. 



Certain existing 
ordinances to 
continue in 
force. 



General meet- 
ings of quali- 
fied voters. 



Certain city 
officers to be 
elected by board 
of aldermen. 



Rei>eal, etc. 



Section 28. No exponditure of pul)lic money shall be 
made by any ojfficer or l)()ard, nor liability incurred by or 
on behalf" of the city beyond the amount duly appropriated 
therefor, contained in Ihe annual appropriation order, or 
subsequently appro{)riated and thereafter granted by order 
of the board of aldermen. 

Section 29. Every person who is elected and every 
person who is appointed by the mayor to an office shall 
receive a certificate of such election or appointment from 
the city clerk, and, except as otherwise provided by law, be- 
fore performing any act under his election or appointment, 
shall take and subscribe an oath to qualify him to enter 
upon his duties. A record of such oath shall be made by 
the city clerk. Any oath required by this act may be 
administered by the mayor or by any officer authorized by 
law to administer oaths. Records of transactions of all 
officers and boards shall be properly kept, and shall, sub- 
ject to such reasonable restrictions as the board of alder- 
men may prescribe, be open to the inspection of the public. 

Section 30. Vacancies shall be tilled in the manner 
of the original election or appointment, unless herein 
otherwise provided. 

Section 31. The existing ordinances of the city, so 
far as they are not inconsistent with this act, shall continue 
in force until amended or repealed by the board of alder- 
men. 

Section 32. General meetings of the citizens qualified 
to vote may be held from time to time, according to the 
rights secured to the people by the constitution of the 
Commonwealth ; and all such meetings may, and upon 
the request in Avriting of fifty (jualified voters setting forth 
the purposes thereof, shall be duly called by the board of 
aldermen. 

Section 33. Except as otherwise provided herein, and 
until the board of aldermen shall by ordinance provide 
otherwise, all city officers elected by the city council under 
existing ordinances shall be elected by the board of alder- 
men. 

Section 34. All acts and parts of acts inconsistent 
herewith are hereby repealed, and all ordinances, orders 
and resolutions, or parts thereof inconsistent with this act, 
are hereby annulled ; but such repeal or annulment shall 
not aflect any rights accrued, any penalty or forfeiture 
incurred, or any suit pending at the time when the repeal 



Acts, 1899. — Chap. 372. 351 

takes effect, and all officers now holding office under pro- 
visions of law shall continue to hold such office and exer- 
cise the powers thereof until their successors are elected or 
appointed according to the provisions of this act. 

Section 35. The question of the acceptance of this act submission of 

, . , , , . , . /• Ti 11 It'cstion of 

shall be submitted to the legal voters or the city oi tall acceptance. 
River at the annual state election in the f)resent year. 
The vote shall be taken by ballot in accordance with the 
provisions of chapter live hundred and forty-eight of the 
acts of the year eighteen hundred and ninety-eight, and of 
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 
1899, entitled, 'An Act to revise the charter of the city 
of Fall River', be accepted?", and the affirmative votes of 
a majority voting thereon shall be required for its accept- 
ance. If so accepted so much thereof as relates to elec- 
tions hereunder shall a})ply to the annual municipal election 
which shall be held on the Tuesday next after the first 
Monday of December in the year eighteen hundred and 
ninety-nine, and this act shall take full effect on the first 
Monday of January next ensuing. 

Section 3(3. So much of this act as authorizes and when to take 
directs the submission of the question of its acceptance 
to the legal voters of said city shall take effect upon its 
passage, but it shall not take further effect unless accepted 
by the legal voters of said city as above provided. 

Approved May 17, 1899. 

An Act relative to military aid. Ch(l7).'d72 

Be itetittcted, etc., as follows: 

Section 1. Any city or town may raise money and, military aid. 
under the direction of its mayor and aldermen or select- 
men, may, under the following conditions, pay part thereof 
as military aid to, or expend it for, any worthy person 
who shall have the qualifications of the first class of per- 
sons described in section two, or of the second class de- 
scribed in section three, or of the third class described in 
section four, or of the fourth class described in section 
five of this act. 

Section 2. Each person of the first class shall be First class 
qualified as follows : — qualifications. 

First. He shall have his settlement under the pauper 
laws in the city or town aiding him. 



352 Acts, 1899. — Chap. 372. 

FirKtciasR Secoiid. Ho sliall lijive served as a soldier, sailor, 

marine or commissioned officer in the army or navy of 
the United States to the credit of this Commonwealth, 
either in the civil war between the nineteenth day of 
April in the year eighteen hundred and sixty-one and 
the first day of Sei)temher in the year eighteen hundred 
and sixty-tive, or in the war with Spain, which for the 
purposes of this act is defined as having begun on the 
fifteenth day of February and ended on the twelfth day 
of August in the year eighteen hundred and ninety-eight. 
Or he shall have served in such army or navy to the credit 
of any other state, between the nineteenth day of April 
in the year eighteen hundred and sixty-one and the eight- 
eenth day of March in the year eighteen hundred and 
sixty-two, having been a resident of this Commonwealth, 
actually living therein at the time of his enlistment ; or in 
such army or navy in one of the volunteer military organ- 
♦izations of this Commonwealth known as three months' 
men, ninety days' men, or one hundred days' men, mus- 
tered into the United States service in April, May, June 
or July in the year eighteen hundred and sixty-one, or in 
April, May, July or August in the year eighteen hundred 
and sixty-four ; or he shall have served in such army or 
navy, having been mustered into the service of the United 
States, at some time between the first day of May and the 
first day of October in the year eighteen hundred and 
sixty-two, while having a residence and actually living in 
this Commonwealth, and while being a member of one of 
the military organizations of the Massachusetts volunteer 
militia known as the Boston cadets, the Salem cadets, 
the eighth battery of light artillery, or company B of the 
seventh regiment of infantry ; or he shall have served in 
such navy, being one of the persons since included in the 
list of officers, sailors and marines prepared by the ad- 
jutant general in accordance with chapter fifteen of the 
resolves of the 3'ear eighteen hundred and seventy-five 
and chapter eight of the resolves of the year eighteen 
hundred and eightx', and having })een appointed or mus- 
tered into and served in such naval service of the United 
States while an actual resident of this Commonwealth ; 
or who served in the regidar army of the United Stat(>s 
in the civil war, or in the regular army or navy of the 
United States in the war with Spain, having been ap- 
pointed or enlisted therein while a citizen of this Com- 



Acts, 1899. — Chap. 372, 353 

moiiwoalth, luivin^ a rosidenco and actually re.sidin<j First cin«» 
therein. 

Third. He shall have been honorably discharged from 
such United States service and from all appointments and 
enlistments therein. 

Fourth. He shall be a poor and indio^ent person, stand- 
inyf in need of relief by reason of sickness or other phys- 
ical disabilit}', who would otherwise be entitled to relief 
under the pauper laws. 

Fifth. He shall not be, directly or indirectly, in the 
receipt of any other state or military aid, or any pension 
for services or disabilities incurred in either of said wars. 

Sixth. He shall not be entitled, under the laws of the 
United States or under the rules governing such institu- 
tions, to admission to any national soldiers' or sailors' 
home, and his disability must have arisen from causes 
independent of his service aforesaid, except in cases of 
api)Iicants for })ensions, while their applications are pend- 
ing, as to which the mayor and aldermen or selectmen are 
convinced upon evidence, first reported to the commis- 
sioners of state aid and satisfactory to them, that justice 
and necessity require such aid to prevent actual suffering, 
and in case of such unmarried applicants that they cannot 
obtain assistance at a national soldiers' or sailors' home. 

Section 3. Each person of the second class shall second ciae» 
have his settlement under the pauper laws in the city or 
town aiding him, and ])e further qualified as follows : — 
He shall be an invalid pensioner and entitled to receive 
state aid under the provisions of chapter three hundred 
and one of the acts of the year eighteen hundred and 
ninety-four or of any act of the current year passed in 
continuance of the whole or of a part thereof, whose 
pension and state aid shall be inadequate for his relief, 
and who would otherwise receive relief under the pauper 
laws ; but while actually aided under such chapter he 
shall not receive aid under this act. 

Sectiox 4. Each ijerson of the third class shall have Third class 

• •-■ ii ,riiiiil iH nut Inn 

all the qualifications required to enable a person to receive 
aid in the first class, except settlement under the pauper 
laws ; but in lieu of such settlement he shall be an actual 
resident of the city or town aiding him, and his residence 
in this Commonwealth shall have been continuous during 
the three years last preceding his receipt of aid under this 
chapter. 



quiilitications. 



354 



Acts, 1899. — Ciiai-. 372. 



Fourth class 
qualitlcatioiiR. 



Aid under third 
and fourth 
cla«seK to be 
c^-dored by 
commissioners. 



Certain persons 
not to receive 
military aid. 



Proviso. 



Certain other 
])eiKOns not to 
receive militiiry 
aid. 



Section 5. Each person of the fourth class shall have 
all the qualiticatious required to enable a person to receive 
aid in the second class, except settlement under the pauper 
laws ; but in lieu of such settlement he shall be an actual 
resident of the city or town aidincr him, and his residence 
in this Commonwealth shall have been continuous during 
the three years last })receding his receipt of aid under 
this chapter. 

Section 6. No city or town shall render aid under 
this act to any person of the third or fourth class with- 
out tirst obtaining from the commissioners of state aid, 
after furnishing them with such evidence as they may 
require that the person to receive aid is entitled thereto 
as may be ordered by the commissioners, an order fixing 
the maximum amount per month within which payments 
may be made, and the period during which aid may be 
allowed, and stating such other conditions as they may 
impose relative to ssuch aid ; which order may be revoked 
or modified by such commissioners by giving w'ritten 
notice to the city or town procuring it. 

Section 7. Aid given under this act shall be entitled 
"Military Aid", and no person shall receive it who re- 
ceives state aid. No person shall be compelled to receive 
military aid. No person shall receive military aid on ac- 
count of his service in the war with Spain unless he Avas 
enlisted or ap})ointed in the service of the United States 
aforesaid after the fourteenth day of February and prior 
to the twelfth day of August in the year eighteen hundred 
and ninety-eight : provided, luncever, that military aid may 
be allowed under the limitations of this act to or for vol- 
unteers mustered into the service of the Unit'ed States in 
Massachusetts regiments after said twelfth day of August 
but prior to the first day of January in the year eighteen 
hundred and ninety-nine, who shall otherwise be qualified 
to receive the same under the terms of this act. No per- 
son shall receive military aid who deserted from such ser- 
vice in either of said wars. No person shall be eligible 
to receive military aid as a worthy person who shall have 
been dishonorably discharged from any national soldiers' 
or sailors' home or from the soldiers' home in Massachu- 
setts, unless the commissioners of state aid, after a hear- 
ing, shall decide otherwise. No military aid shall be paid 
to or for any person whose necessity therefor is caused by 
voUiiitafy idleness, or who is known to be in the practice 
of vicious or intemperate habits. 



Acts, 1899. — Chap. 372. 355 

Section 8. Any person applying for military aid may Applicants may 
1)0 reciiiired by the mayor and aldermen or the selectmen i.ay'o'vertherr 
granting him the .same, or by the commissioners of state i"''"**^"^' etc- 
aid, as a condition of granting military aid, to pay over 
his pension to said mayor and aldermen or selectmen, to 
l)e expended for his relief, before he shall receive such 
aid. 

No person shall be compelled to receive the relief or Not to receive 
support furnished under this act in any almshouse or aUthoue", etc., 
public institution, unless his physical or mental condition ccmhVcaBes. 
requires it, but he may so receive it if he chooses so to