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

ACTS 



RESOLVES 



PASSED BY THK 



€nxtn\\ ^ourt of Jftassathttsette, 



IN THE TEAR 

1900, 

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. 

1900. 



A CONSTITUTION 



FORM OF GOYERNMEIVT 



Commoittoealtlj of Mlassacbitsdts. 



PREAMBLE. 

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

The body politic is formed by a voluntary association Body politic, 
of individuals : it is a social compact, by which the whole rt^^fture!'^' 
people covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain 
laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to pro- 
vide 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 security 
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 pro^ndence, an opportunity, deliberately and peace- 



COXSTITUTIOX OF THE 

ably, without fraud, violence, or surprise, of entering into 
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 Rights, and 
Frame of Government, as the Constitution of the Com- 
monwealth OF ]Massachusetts. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public relig- 
ious worship. 
Protection 
therein. 
2Cu8h. 104 
12 Allen, 129. 



Amendments, 
Art. XI substi- 
tuted for this. 



Legislature 
empowered to 
compel provi- 
sion for public 
worship ; 



PAET THE FIRST. 

A Declaration of the Rights of tlie Inhabitants of the 
GomnnonweaUh of Massachusetts. 

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

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

III. [As the happiness of a people, and the good order 
and i)reservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generallv diffused through a community but by the 
institution of the public worship of God, and of public 
instructions in piety, religion, and moralit)^ : Therefore, 
to promote their hap})iness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a rio-ht to invest their lemslature with 
power to authorize and require, and the legislatm-e 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 



COMMON AVEALTII OF :\rAssA('iirsF;rrs. 5 

the support and maintenance of public Protestant teachers 
of piety, religion, and morality, in all cases where such 
provision shall not be made voluntarily. 

And the i)e()i)le of this commonwealth have also a riffht .,f"'!.*?.®i'^''^ 

II O _ attendance 

to, and do, invest theu- legislatiu'c 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 l)e 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- Tousteache'rV^' 
ties, shall, at all times, have the exclusive right of electing ^^''^''^d- 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all monej's paid by the subject to the support of ^.homVarochiai 
public worship, and of the public teachers aforesaid, shall, ^j^^l^^'iess*' 
if he requu'e it, be uniformly applied to the support of the etc. ' 
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- ah denomina- 
selves peaceably, and as good subjects of the commonwealth, protected! ^ 
shall be equally under the protection of the law : and no subordination 
subordination of any one sect or denomination to another anot'iferp^ro*" 
shall ever be established by law.] hibited. 

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

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

V. All power residing originally in the people, and ^f^aiToffi^c^Jr"^ 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, Avhether 
legislative, executive, or judicial, are their substitutes 

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

VI. Xo man, nor corporation, or association of men, services ren- 
have any other title to obtain advantages, or particular pubucbemg 
and exdusive privileges, distinct from those of the com- p^cuiilr prlvi-" 
munity, than what arises from the consideration of ser- ta^rofficesllre 
vices rendered to the public; and this title being in absurd and 

•ii 1 T • •! 1 J I'll unnatural. 

nature neither hereditary, nor transmissible to children, 



CONSTITUTION OF THE 



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



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualifications 
prescribed, 
equally eligible 
to office. For 
the definition of 
" inhabitant," 
see Ch. 1, Sect. 
2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
corielative. 
Taxation 
founded on 
consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 1S4, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 1.50. 
4 Allen, 474. 

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

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



or descendants, or relations by blood, the idea of a man 
born a magistrate, lawgiver, or judge, is absurd and 
unnatural. 

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

Vin. 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 the}^ shall 
establish by their frame of government, to cause their 
public officers to return to private life ; and to fill up 
vacant places by certain and regular elections and appoint- 
ments. 

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by theu' frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments. 122 Mass. 595, 596. 

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



1 Allen, 150. 

11 Allen, 530. 

12 Allen, 223, 230. 
100 Mass. 544, 560. 



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



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



127 Mass. 50, 52, 

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



Remedies, by 
recourse to the 
law. to be free, 
complete and 
promi)t. 



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 obtain risfht and 



CO.MMONWKALTU OF MASSACHUSETTS. 7 

justice freely, and -without beiiiiv oblii>:ed to purchase it ; 
completely, and without any denial ; promptly, and with- 
out delaj' ; conformahl}' to the laws. 

XII. Xo subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially rpkk.lVi. 
and formally, described to him ; or be compelled to accuse, is pick'. 434. 
or furnish evidence against himself. And every subject 2\ret.'32ef^" 
shall have a right to produce all proofs that may be favor- 1^q^I^^\^^^- 
able to him ; to meet the witnesses against him face to face, s Gray' leo. 
and to be fully heard in his defence by himself, or his 10 Gray, 11.' 
counsel, at his election. And no subject shall be arrested, 2 Aiieif/st?* 
imprisoned, despoiled, or deprived of his property, immu- llo^2i^^'^it~ 
nities, or privileges, put out of the protection of the law, ij^^ug^ j^q 
exiled, or deprived of his life, liberty, or estate, but by the 97 Mass.'sTo, 
judgment of his peers, or the law of the land. 100 Mass. 287, 

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. 103'Ma8s418. 

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

And the legislature shall not make any law that shall Rigwto trial 
subject any person to a capital or infamous punishment, criminal cases, 
exceptino; for the government of the army and navy, with- rGray',329',373. 

i 4^ • i\, • ^ ^ 103 Mass. 418. 

out trial by Jur3^ 

XIII. In criminal prosecutions, the verification of facts. Crimes to be 
in the vicinity wdiere they happen, is one of the great- ^ndnity!" *^** 
est secm-ities of the life, liberty, and property of the 121 M^'ags^ei 02. 
citizen. 

XIV. Every subject has a rio-ht to be secure from all Rigw of search 

- •< . c- /- 1 . , . 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- scush^feo. 
tion of them be not previously supported by oath or affir- i3*Gmy,^454. 
mation, and if the order in the warrant to a civil officer, to JL^\l'®°'' t*E- 

' . ' 100 Mass. 136, 

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

126 Mass 269 

suspected persons, or to seize their property, be not accom- 273. " ' 
panied with a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ouo^ht to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to trial" 
all suits between two or more persons, except in cases in eldptfetc!'^^^' 
which it has heretofore been otherways used and practised, Amend^fvif '' 
the parties have a right to a trial by jury ; and this method 2 Pjck. 382. 
of procedure shall be held sacred, unless, in causes arisino; 5 Gray, 144. 

\u \ • r. J 1- 1^^ • •> '^8 Gray, 373. 

on the high seas, and such as relate to mariners wages, u AUen, 574, 
the legislature shall hereafter find it necessary to alter it. io2"Mas8.45,47. 

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 
aud bear arms. 
Standing armies 
dangerous. 
Military power 
subordinate to 
civil. 
5 Gray, 121. 



Moral qualifica- 
tious for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



Right of people 
to instruct rep- 
resentatives 
and petition 
legislature. 



Power to sus- 
pend the l:iw8 
or their execu- 
tion. 



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



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

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

XVIIL 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 requu'e of 
their lawg-ivers and majjistrates 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 gi'ievances 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 exer- 
cised in such particular cases only as the legislature shall 
expressly 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 com-t or place whatsoever. 

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

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



COAIMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex post facto 
the existence of such laws, and which have not been de- i2^i?en, 42'/,* * 
clared crimes by jireceding laws, are unjust, oppressive, ^■■^*' *2^' ***• 
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 legis- treason'°etc. 
lature. 

XXVI. No magistrate or court of law shall demand o/fiue^J^and''' 
excessive bail or sureties, impose excessive fines, or inflict cruel punish- 

1 . ■, ments, pro- 

cruel or unusual punishments. 5 Gray, 482. hibited. 

XXVII. In time of peace, no soldier ought to be quar- No soldier to be 
tered in any house without the consent of the owner ; and house^uniess^^ 
in time of war, such cjuarters ought not to be made but *'*''• 

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

XXVm. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tiai, unless, etc. 
except those employed in the arni}^ 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, l^^^i^lh. 
and administration of justice. It is the right of every *^J|^^'^^^- 
citizen to be tried by judges as free, impartial, and inde- los Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore, TeAureof their 
not only the best policy, but for the security of the rights ° 

of the people, and of everj^ citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
the}^ 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 dairandlegis.' 

and judicial powers, or either of them : the executive shall menfg^^^^'^' 

never exercise the legislative and judicial powers, or either f^ifiJi' lei'. 

of them : the iudicial shall never exercise the leg-islativc ? -;^yf°'^„^^,?■^^• 
. "^ in. 100 Mass. 282, 

and executive powers, or either 01 them : to the end it 2S6. 

, , Vc 1 1 J. ^ 11^ Maes. 247, 

may be a government 01 laws and not ot men. 249. 

116 Mass. 317. 129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabit! ng the territory formerly called the 
Province of Massachusetts Bay, do herebj^ solemnly and 
mutually agree with each other, to form themselves into a 
free, sovereign, and independent body politic, or state, by 
the name of The Commonwealth of Massachusetts. 



CHAPTER I 



Legislative 
department. 



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



Governor's 

veto. 

99 Mass. 636. 



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



THE LEGISLATIVE POWER. 

Section I. 
TJie General Court. 

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

The legislative bod}^ 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 thereto, 
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-thu'ds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved by tAvo-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 



CO^niONAYEALTII OF MASSACHUSETTS. 11 

tilt' vote-s 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 commomvealth. 

And in order to prevent unnecessary delays, if any bill in case of ad- 
or resolve shall not ho, returned by the governor within the'ge'^erai" 
li\ (' da3^s after it shall have been presented, the same shall th" flveday^s, 
h:iv(> the force of a law. 3 Mass. 567. '?^,T°*'w; t 

iiieutH, Art. 1. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and j^dTcatories^ ^ 
comets of record, or other courts, to be held in the name onife^tc.^ "^^^ 
of the commonAvealth, for the hearing, trying, and deter- i.7^Jra'^i47 
mining of all manner of crimes, oifences, pleas, processes, 154. 
plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the commonwealth, or between 
or concerning persons inhabiting, or residing, or brought 
within the same : whether the same be criminal or civil, 
or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixed ; and 
for the awarding and making out of execution thereupon. 
To Avhich com'ts and iiidicatories are hereby piven and Courts etc 

*, , . ^ . "^ ~ . may administer 

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 iiower and aiithoritv are hereby General court 

1 i 1 J , 1 • n 1 J 'i' ; • / may enact laws, 

given and granted to the said general coiut, from time to etc. 
time to make, ordain, and establish, all manner of whole- lA\ien,m. 
some and reasonable orders, laws, statutes, and ordinances, 237^^^^°' "^^' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out; so as the same be not repugnant or contrarj^ to this iie Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
w^elfare of this commonwealth, and for the government repi^gnlnt to * 
and ordering thereof, and of the subiects of the same, and the constitution. 

n ^ ^ 1 1 (' f 1 '6 Allen, 358. 

tor the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers or^appotn'tmeTt 
within the said commonw^ealth, the election and consti- Jis^Mas^'eo^. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thdr dSuTs'l"''^ 
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 



General court 
may impose 
taxes, etc. 
12 Mass. 252. 
6 Allen, 428. 
6 Allen, 558. 
8 Allen, 247, 253. 

10 Allen, 235. 

11 Alien, 268. 

12 Allen, 77, 223, 
235, 238, 240, 
298, 300, 312, 
313, 500, 612. 

98 Mass. 19. 

100 Mass. 285. 

101 Mass. 575, 
585 

lOs'Mass. 267. 
114 Mass. 388, 
391 

lia'Mass. 461. 
118 Mass. 386, 
389. 

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 tiixes, 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, 
accordino- 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 everj^ ten years at least, and as much oftener 
as the general court shall order. 

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



CHAPTER I 



Senate, number 
of, and b}' 
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. 



Section II. 

Senate. 

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



COMMONWEALTH OF MASSACHUSETTS. 13 

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

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

H. The senate shall be the first branch of the legislat- ?:^''°°7^°'* . 

~ time or choosing 

m'e : and the senators shall be chosen in the following man- senators and 

councillor8. Sgg 

ner, viz. : there shall be a meeting on the [fii'st Monday in amendments, 
April,] annually, forever, of the inhabitants of each town xv!' a's**" 
in the several counties of this commonwealth ; to be called ameudmente, 
by the selectmen, and warned in due course of law, at ^^'^;A-Qjjg^g^^ 
least seven days before the [first Monday in April,] for qualifications of 

.^ , L •J 1 voters, super- 

the purpose of electincf persons to be senators and coun- sededbyamend- 

• lueuts Arts 

cillors ; [and at such meetings every male inhabitant of iii.,xx., 
twenty-one 3'ears of age and upwards, having a freehold xx;x.,xxxi. 
estate within the commonwealth, of the annual income of word"hihabi- 
three pounds, or any estate of the value of sixty pounds, I'^e^e'Jip^J^a'^'e^uji. 
shall have a rio-ht to "ive in his vote for the senators for ments, ah. 

. -, . . /• 1 • 1 1 • • 1 1 • T AT AAllI., winch 

the district ot which he is an inhabitant.] And to remove was annulled by 
all doubts concerning the meaning of the word " inhabi- i-i'^dray, 21. 
tant" in this constitution, every person shall be considered 122^388.095, 
as an inhabitant, for the purpose of electing and being 
elected into an}^ office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 



, town 



The selectmen of the several towns shall preside at Selectmen to 

. . 1 1 1 • 1 L' P'cside at to\^ 

such meetings impartially ; and shall receive the votes ot meetings. 
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 ^^ *ndm"nts^^* 
the selectmen and the town clerk, and shall be sealed up. Art. n. 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the puri)ort 



14 



COXSTITUTIOX OF THE 



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



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



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



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



Senate to be 
final judge of 
elections, etc.. 



of the contents thereof, and delivered bj the town clerk 
of siK'h towns, to the .sheriff of the county in which such 
town lies, thirty days at least before [the last Wednes- 
day in May] annually ; or it shall be delivered into the 
secretary'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 recjuired 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 annuall}^ [on the same 
first Monday in April], at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authoritv for notifying the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingly. 

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

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



COMMON Wi: A 1/1 II OF MASSACHUSETTS. 15 

pointed out in the coiistitutiou ; and slmll, [on the .said j^^;*""^" "»«'"- 
last Wednesday in ^Nlayl annually, determine and declare Timechaneed 

1 1 i."j 1 1 T i- • i. J. u J. n to hist Wedues- 

who arc elected bv each district to be senators [by a day of January 
majority of yotcs ; and in ease there shall not apjx'ar to ments.'^Art. x. 
be the full number of senators returned elected by a ^hM?ged to 
majority of yotes for any district, the deficiency shall be ^JnendmenL, 
supplied in the following manner, viz. : The members of Art. xiv. 
the house of representatives, and such senators as shall 
be declared elected, shall takc^ the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of Vacancies, how 
senators sufficient to fill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in pe'opie" ^ 
every district of the commonwealth ; and in like manner nfen'^Art. 
all vacancies in the senate, arising by death, removal out ^^^^^^• 
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 
capable of being elected as a senator, [who is not seised Property quau- 
in his own right of a freehold, within this commonwealth, f;hed°"^''°^ 
of the value of thi-ee hundred pounds at least, or possessed ^^eVtrArt 
of personal estate to the value of six hundred pounds at ^^^l- , 

1 nit /•! i-ii I*or further pro- 

least, or 01 both to the amount of the same sum, and] who vision as to 

has not been an inhabitant of this commonwealth for the aisoamen'd- 

space of five years immediately preceding his election, and, xxn.' '^^' 

at the time of his election , he shall be an inhabitant in the 

district for which he shall be chosen. 

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

VII. The senate shall choose its own president, ap- sbaii choose 

. ^ ' A Its oflicers and 

point its own officers, and determine its own rules of establish its 
proceedings. 

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

, --, . 11. 1 111 impeachments. 

to hear and determine all impeachments made by the 

house of representatives, against any officer or officers 

of the commonwealth, for misconduct and mal-administra- 

tion in their offices. But previous to the trial of every 

impeachment 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 



Quomm. See 
atnendmentB, 
Arts. XXII. 
and XXXin. 



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

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



Representation 
of the people. 



Representa- 
tives, by whom 
chosen. 
Superseded by 
amendments, 
Arts. XII. and 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 523. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
fine in case, etc. 



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



Qualifications 
of a repre- 
sentative. 



CHAPTER I. 
Section IH. 

House of Itepresentat ives . 

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. 

H. [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 represents 
ative ; every corporate town containing tlu-ee 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 twentj'-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 Avith 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 retm-n members to the same, agree- 
ably to this constitution. 

[The expenses of travelling to the general assembly, and 
returning home, once in ever}^ session, and no more, shall 
be })aid by the government, out of the public treasury, to 
eveiy 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 b}^ A\Tittcn votes ; [and, for one year at 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next precediiiu: his election, sluill have been an inliab- Kew provision 

. . , ,. 1 1 V • J • 1 • • 1 i. i- X- »8 to lewiclenee. 

itant 01, and have been seised m his own right ot a tree- seoumend- 
hold of the value of oni> hundred ])()unds within the town xx'l"' '^'^*^' 
he shall be chosen to represent, or any ratable estate to f.'lS'ab'J.f ' 
the value of two hundred ])ounds ; and he shall cease to isi'cabyumend- 

• 1 1 1 • • ments, Art. 

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

IV. TEverv male person, beino: twenty-one years of Quamications 

L .- ^ i '_ o J J of a voter. 

age, and resident m anv particular town in this common- These pro- 

1.1 /. ,1 jy" J. T 1 • visions Buper- 

wealth lor the space ot one year next preceding, having a sededby 
freehold estate within the said town of the annual income ArfJ^lTu'xx., 
of tlii-ee pounds, or any estate of the value of sixty pounds, xxx"xxxi. 
shall have a riffht to vote in the choice of a representative andxxxii. 

P ^ See also ameiid- 

or representatives for the said town.] ments, Art. 

V. [The members of the house of representatives shall wasanlluiiedby 
be chosen annually in the month of May, ten days at least R^,.fggj^^- 
before the last Wednesday of that month.] tives.when 

•^ -^ cnosen. 

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

Art. XV. 

YI. The house of representatives shall be the gxand House aione 

,, in- 1 can impeach. 

inquest of this commonwealth ; and all impeachments 
made by them shall be heard and tried by the senate. 

VII. All money bills shall orioinate in the house of House to origi- 

•^ ~ nate all money 

representatives ; but the senate may propose or concm- biUs. 
with amendments, as on other bills. 

■ VIII. The house of representatives shall have power Not to adjourn 
to adjom-n themselves ; provided such adjournment shall "a7s^.*'^''"*''° 
not exceed two days at a time. 

IX. TNot less than sixty members of the house of Q^ormn. See 

L J p , . . amendments, 

representatives shall constitute a quorum for doing busi- Arts. xxi. and 
ness.] 

X. The house of representatives shall be the iudge of To judge of 

, ^ ,.,, . ,, . ^o returns, etc., of 

the returns, elections, and qualincations or its own mem- its own mem- 
bers, as pointed out in the constitution ; shall choose their its ofiicers and 
own speaker; appoint their own officers, and settle the rules, 'etc' * 
rules and orders of proceeding in their own house. They May punish 
shall have authority to punish by imprisonment every offences!"* 
person, not a member, who shall be guilty of disrespect i^Gray, sae. 
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. 
l-i Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



house, in his way in o:oino: or returnino- • or who shall 
rescue an}^ person arrested hy 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, retui'ning from, or his attending the general 
assembly. 

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 otiences, be for a term exceeding thu'ty daj^s. 

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, hy committees of theu* own 
members, or in such other way as they may respectively 
think best. 



CHAPTER II 



Governor. 



His title. 

To be chosen 
annually. 
Qualifications. 
See amend- 
ments, Arts. 
VII. and 
XXXTV. 



By whom 
chosen, if he 
have a majority 
of votes. 



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



EXECUTIVE POWER. 

Section I. 
Governor. 

Article I. There shall be a supreme executive mag- 
istrate, who shall be styled — The Governor of the 
CoivoiON^vEALTH OF MASSACHUSETTS ; and wliosc title 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and no 
person shall be eligible to this office, unless, at the tmie 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, Avithin the commonwealth, of the value of one 
thousand pounds ;] [and unless he shall declare himself to 
be of the Cliristian religion.] 

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



COMMOXWKAiyni OF MASSACHUSETTS. 19 

11 list of the person.s v()((>d lor, witli the iiuiubcr of votes 
for e.U'h person Uiiuinst his name ; and shall make a lair 
reeord of the same in the town books, and a public decla- As to cities, see 
ration thereof in the said meeting; and shall, in the pres- A?t! n"^^" ^* 
enee of the inhabitants, seal up copies of the said list, 
attested bv him and the selectmen, and transmit the same 
to the sheriif of the county, thirty days at least before the 
[last AYednesda}' in ^la}] ; and "the sherift' shall transmit ^'totwednes. 
the same to the secretary's office, seventeen days at least day of January 
beiore the said [last Wednesday in May J ; or the select- ments, Art. x. 
men may cause retiunis of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
da}'s 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 amindmeuts, 
the votes returned, the choice shall be by them declared ^''*-^v- 
and published ; but if no person shall have a [maiority] of -whrn^no^per'son 
votes, the house of representatives shall, by ballot, elect ^^« ^ p'"'^'^"*^- 
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 malve return to 
the senate of the two persons so elected ; on whicli the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

IV. The governor shall have authority, from time to rower of gov- 
time, at his discretion, to assemble and call togetlier 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, liold and keep a 
council, for the ordering and du-ecting the aliairs 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- genera" court 
eral court, to adjourn or prorogue the same to any time and'conveue ' 
the two houses shall desire ; [and to dissolve the same on as to^dusoiu- 
the day next preceding the last Wednesday in May ; and, ^°"trArt!xf* 
in the recess of the said court, to prorogue the same from 

time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if tlie welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place w^here the said 
court is next at any time to convene, or any other cause 



20 



COXSTITUTIOX OF THE 



As to dissolu- 
tion, see amend- 
ments, Art. X. 

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



Governor to be 
commander-in- 
chief. 



Limitation. 



happening, whereby danger may arise to the health or 
lives of the members from their attendance, he may du-ect 
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 Wednesda}^ in May.] 

VI. In cases of disagreement between the two houses, 
with regard to the necessity, expediencj^ or tmie 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 comraon wealth, 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 aiTay, and put in 
warlike posture, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessary, and con- 
quer, by all fitting waj^s, 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 annoj^ance 
of this commonwealth ; and to use and exercise, over the 
army and navj^ 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 legislatm-e 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, Avith 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 poAvers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the con- 
stitution, and the laws of the land, and not otherwise. 

Provided, that the said governor shall not, at anj^ time 
hereafter, by virtue of any power by this constitution 



CO:m:\IOX WEALTH OF MASSACHUSETTS. 21 

gi'anted, or horoaftor to bo crantod to him bv the legis- 
lature, ti"ans])ort any of the inhabitants of this coinnion- 
"wealth, or oblige them to march out of the limits of the 
same, "without theu' free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VIII. The power of pardoning offences, except such Governor and 
as persons may be convicted of before the senate by an pardon o'ffences, 
impeachment of the house, shall be in the governor, by ^^''^p*- ^'''• 
and with the advice of council ; but no charter of par- 
don, granted b}' 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 109 Maes. 323. 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the Judicial offi- 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated a°nd 
probate,] shall be nominated and appointed by the gov- F^^pr^isi 



s'lsions 



ernor, bv and with the advice and consent of the council : as to election 

' .. . . 'of attorney- 

and ever}' such nomination shall be made by the governor, general, see 
and made at least seven days prior to such appointment. Art. xvii. ' 

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

X. The captains and subalterns of the militia shall be Miutia officers, 
elected by the written votes of the train-band and alarm Limitation df 
list of theu' respective companies, [of twenty-one years blVmend"- ''"'' 
of age and upwards ;] the field officers of regiments shall ^ents.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 certifjdng to the governor, the officers 
elected. 

The maior-generals shall be appointed bv the senate and Major-genei-ais, 

•^ o ^ I r _ ./ ^ how appomted 

house of representatives, each having a negative upon the andcommis- 
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 bri<2:adiers, field officers, captains vacancies, how 

11 111 1 f i 1 11 nUed, in case, 

or subalterns, shall neglect or refuse to make such eJec- etc. 



22 



COXSTITUTIOX OF THE 



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



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



Money, how 
drawn from the 
treasury, 
except, etc. 
13 Allen, 593. 



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



tions, after beins: duly notified, according to the laws for 
the time being, then the governor, with advice of council, 
shall appoint suitable persons to fill such offices. 

[And no officer, dulv 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 courtr- 
martial, pursuant to the laws of the commonwealth for the 
time being.] 

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

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

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

XI. Xo moneys shall be issued out of the treasmy of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasm"er'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 theh' 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 commandiiiir officer shall 



COMMON WlvVLTII OF MASSACHUSETTS. 23 

exhibit to the governor, when required by him, true and 
exact phms of such forts, and of tlie 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 receiv- 
ing the same, all letters, despatches, and intclligonces of a 
public nature, which shall be directed to them res})cctivelj. 

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

Permanent and honorable salaries shall also be estab- Salaries of jus- 
lished b}^ law for the justices of the supreme judicial court. judfciaiTo^^™^ 

And if it shall be found that any of the salaries afore- Salaries to be 
said, so established, are insufficient, they shall, from time fnaufficient. 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTER II. 

Section II. 

Lieutenant- Governor. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, me^i l^aaii- 
whose title shall be — His Honor; and who shall be fmendment^';'^ 
qualified, in point of [religion,] [property,] and residence ^xiV.^'*'^*^ 
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 re- 
quired in the election of a governor. The return of the how chosen. 
votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall p/uramy pro- 
be found to have a maiority of all the votes returned, the videdforby 

•'•^ ' amendments, 

vacancy shall be filled by the senate and house of repre- Art.xiv. 



24 



CONSTITUTION OF THE 



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



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



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

n. 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 chau' 
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 b}" this con- 
stitution the governor is vested with, when personally 
present. 



Council. 
Number of 
councillors 
clianged to 
eight. 
See amend- 
ments, Art. 
XVI. 



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

Superseded by 
amendments, 
Art. XVI. 



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



CHAPTER II. 
Section III. 

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

Article I. There shall be a council for advising the 
governor in the executive part of the government, to con- 
sist 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- 
inof and directinij 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 fii'st 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.] 



COMMON WKALTII OF MASSACHUSETTS. 25 

III. Tlie councillors, in the civil arrano^emcnts of the Rank of 
commonwealth, shall have rank next after the lieutenant- 
governor. 

IV. [Not more than two councillors shall be chosen No district to 

, ,• 1 • i. • i. i.< J.1 • 1x1 -I have more than 

out ot any one district ot this commonAvealth.J two. 

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 ma}^ be called for at any time by either 
house of the legislature ; and aii}^ 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, oFgovernorfn 
or otherwise, then the council, or the major part of them, c^^^, etc. 
shall, during such vacancy, have full power and authority 

to do, and execute, all and every such acts, matters, and 
thins^s, as the orovernor or the lieutenant-jjovernor mio'ht 
or could, by virtue of this constitution, do or execute, if 
they, or either of them, were personally present. 

VII. [And whereas the elections appointed to be made. Elections may 
by this constitution, on the last Wednesday in May annu- untli'.^et'c™^'^ 
ally, by the two houses of the legislature, may not be 
completed on that day, the said elections may be adjourned 

from dav to dav until the same shall be completed. And order thereof. 

•'•'. Ill . .. Superseded by 

the order of elections shall be as follows : the vacancies in amendments, 
the senate, if any, shall first be filled up ; the governor xxv.' 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 
Section IV. 

Secretary^ Treasurer, Commissary, etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] howch^eT. 
naval officers, shall be chosen annually, by joint ballot of ^cTeiectron'of "^ 
the senators and representatives in one room. And, that urerlndre-*^''*' 
the citizens of this commonw^ealth mav be assured, from ceiyergenerai, 

. • 1 1 . • 1 '*"'' auditor and 

time to time, that the moneys remaining in the public attomey-gen- 
treasury, upon the settlement and liquidation of the pub- ments. Art. 



20 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than five 
successive 
years. 



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



lie accounts, are their property, no man shall be eligible 
as treasiu'er and receiver-general more than five years 
successively. 

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

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



CHAPTER III 



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



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

Justices of the 
peace: tenure 
of their office. 
3 Cush. 584. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



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 
dm'ing 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 gov- 
ernor and council, shall have authority to require the opin- 
ions of the justices of the supreme judicial court, upon 
important questions of law, and upon solemn occasions. 

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

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



COMMOX^YEALTII OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and div"l''e^®and 
all aiipeals from the iudijes of probate, shall be heard and "lijuouy. 

11 .1 t^ X ' •111- Other pro- 

dctcrmmed l)v tiie liovernor and council, until the legis- visions made 
lature shall, by law, make other ])rovision. los Mass. 327. 

•^ '■ 116 Mass. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

TThe deleo-ates of this commonwealth to the cone-ress of Delegates to 

L o . . , 1 /» X congress. 

the United States, shall, some time m 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 an}' time within the year, and others chosen and com- 
missioned, in the same manner, in their stead.] 



CHxVPTER V. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 

The Universifi/. 

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



28 



CONSTITUTION OF THE 



All gifts, 
grants, etc. 
confirmed. 



Who shall be 
overseers. 

See Statutes, 
1851,224. 
1S52, 27. 
1859, 212. 
1865, 173. 
1880, 65. 



Power of altera- 
tion reserved to 
the legislature. 



to have, hold, use, exercise, and enjoy ; and the same are 
hereb}^ 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. 

IL And whereas there have been at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, here- 
tofore 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. 

HI. 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, con- 
stituted the overseers of Harvard College ; and it being 
necessary, in this ne^v 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 sen- 
ate of this commonwealth, are, and shall be deemed, their 
successors, who, wdth the president of Harvard College, 
for the time being, together wdth the ministers of the con- 
gregational churches in the toAvns 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 
w^ay appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall be construed to pre- 
vent the leo'islature 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. 
Sectiox H. 

TJie EncoarageyDent of Liteniture, etc. 

"Wisdom aiul kiiowledg-e, as well as virtue, diiiused gen- Duty of legisiat- 
erally among the body of the people, being iieeessary for istrateshraif' 
the preservation of their rights and liberties ; and as these FoTfunher^pro. 
depend on spreading the opportunities and advantao-es of visions as to 

1^.,^ '^ ^ ^ ^ ~ public schools, 

edueation m the various parts ot the country, and amono; see amend- 

ments Art 

the difterent orders of the people, it shall be the duty xviii. 
of legislatures and magistrates, in all future periods of 503. ''"' 
this commonwealth, to cherish the interests of literature io3Ma8s.94,97. 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encoiu'age private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agricultm-e, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

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

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

" I, A. B., do declare, that I believe the Christian reli- Aboiisiied see 

' ' . amendinentK, 

gion, and have a nrm 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 



COXSTITUTIOX OF THE 



Declaration and 
oaths of all 
officers. 



For new oath 
of allegiance, 
eee amend- 
ments, Art. VI. 



Oath of oflice. 



Proviso. See 
amendments, 
Art. VI. 



ence of the two liouses 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 jm'isdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or spuitual, within this com- 
monwealth, except the authority and power which is or 
may be vested by their constituents in the congress of the 
United States : and I do further testily and declare, that 
no man or body of men hath or can have any right to 
absolve or discharo-e me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, 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."] 

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

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

Provided, always, that Avhen any person chosen or ap- 
})ointed as aforesaid, shall be of the denomination of the 



C():\r^[Oxwiv\i:Tii of MASSACHUSK/ns. ;ji 

pcoiilo ciilU'd Quakers, :iiul shall dcH-liuc takiii^i;' the said 
oath[.s], he .shall iiiake his afiii'iiKilion in the foregoing 
form, and yubseribe the same, omitting the words, ["/t?o 
sircar,'^ " and abjure,'^ " oafh or" " and ahjamtion" in the 
first oath, and in the second oath, the words] '^ swear 
and," and [in each of them] the words " So Itelp rn.e, 
God;" subjoining instead thereof, " This I do under the 
paxns and penalties <>/ perj'ur >/.''' 

And the said oaths or aiBrmations shall be taken and affirma'ti'o''n8, 
subscribed by the o'ovcrnor, lieutenant-governor, and coun- how admiuis- 

~ ' ~ . , tered. 

cillors, before the president of the senate, m 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 prescrilied by the legislature. 

II. Xb £:overnor, lieutenant-o-overnor, or iudge of the Plurality of 
supreme judicial court, shall hold any other office or place, hibited to gov- 
under the authority of this commonwealth, except such as escept,\tc. 
by this constitution they are admitted to hold, saving that me^nt^Art. 
the judges of the said court may hold the offices of justices ^iii- 
of the peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever. 

No person shall be capable of holding or exercising at j^fen^s^l"*' 
the same time, within this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sherifi' — register 
of probate — or register of deeds ; and never more than 
an}" 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 
excepted, shall be held by one person. 

No person holding the office of judge of the supreme incompatible 
judicial com-t — secretary — attorne^^-general — solicitor- For'^furtherpro. 
general — treasurer or receiver-general — judge of probate Scompatiwe 

— commissary-general — [president, professor, or instruc- ame°^imeDts, 
tor of Harvard Colle2:e] — sheriff — clerk of the house of -;^X*-^"^f it 

^ J • i? 1 1 Ofticers of liar- 

rev^resentatives — reoister of probate — register of deeds vard ooiioge 

o ^^1 /*!•/» excepted by 

— clerk of the supreme iudicial court — clerk of the infe- ameudments, 

i- i? 1 n2 ^ Ai <- ,, Art, XXVII. 

nor com"t of common pleas — or officer of tlie customs, 
including in this description naval officers — shall at the 



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Briberj', etc., 
disqualifj'. 



Value of money 
ascertained. 



Propertj- quali- 
fications may 
be increased. 
See amend- 
ments, Arts. 
Xni. and 
XXXIV. 



Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 
2 Pick. 692. 
.3 Met. u8. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 69. 

2 Mass. 634. 

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



Benefit of 
habean corpus 
secured, except, 
etc. 



same time have a seat in the senate or house of representa- 
tives ; 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 cor- 
ruption 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 ^^Tits, issuing out of the clerk's office in an}- of 
the courts of law, shall be in the name of the Common- 
Avealth 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 return- 
able, 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 Kberties contained in 
this constitution. 

VII. The privilege and benefit of the writ of habeas 
corjms 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 

VHI. The enacting style, in making and passing all JtyL'^"'''^""^ 
acb:>, statutes, and laws, shall be — "Be it enacted by the 
Senate and House of llepresentatives in General Court 
assembled, and by the authority of the same." 

IX. To the end there may be no failm'e of justice, or officers of 
danger arise to the commonwealth from a change of the ment'^contrnued 
form of government, all officers, civil and military, hold- "°*'^'®*°- 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all com-ts 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 coiu't, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
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- sutuuon.'^^"' 
tions which by any means may be made therein, as well p^vtsi'ou af to 
as to form such alterations as from experience shall be g^®"m"ifd-*^' 
found necessary, the general court which shall be in the ments, Art. 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 pm'pose of 
collecting thek' 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 smution.""" 
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 thek' representatives in the second 
branch of the legislature are b}" this constitution to be 
chosen.] 



34 



CONSTITUTIOX OF THE 



Provision for 
preserving and 
publishing this 
constitution. 



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



Qualificationsof 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
See amend- 
ments, Arts. 
XXX. and 
XXXII. 
11 Pick. 538, 540. 
14 Pick. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
691,594. 



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 
annulled by the general court. 

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



COMMONWEALTH OF MASSACHUSETTS. 35 

or county lux, nhioli -shall, within two ycavs next prcnscd- JasMass^^MS 
injr sucli election, have been assessed upon him, in any »'J"„ ' 
town or district of this commonwealth ; and also every i"or educational 
I'itizi'u who .shall be, by law, exenn)ted from taxation, BecainelKr'' 
and who shall be, in all other resj)ects, (qualified as above KoTprovuiM^' 
mentioned,] shall have a right to vote in such election of j^^vc s*r°vcViu ° 
o-overnor, lieutenant-o^overnor, senators, and representa- the army or 

^ ' o 111 '11 • ua%'y m time 

tives ; and no other ijcrson shall be entitled to vote in of war, see 

... amendments, 

such election. Arts. xxviu. 

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

Art. IY. Notaries public shall be api^ointed bv the Notaries puwic, 

,1 . T . . , ,Y. " how appointed 

governor m the same manner as judicial otfacers are ap- and removed. 
])ointed, 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 
legislatui'e. 

rin case the office of secretary or treasm*er of the com- vacancies in the 

■- iji 1 11 1 7 /• 1 • offices of secre- 

mon wealth shall become vacant irom any cause, during tary and treas- 
the recess of the general com't, the governor, with the TWs'ciause^^*^' 
advice and consent of the council, shall nominate and ame^udme^nts^^ 
appoint, under such regulations as may be prescribed Art. xvii. 
by law, a competent and suitable person to such vacant 
office, who shall hold the same until a successor shall be 
appointed by the general coiu"t.] 

\yhenever the exigencies of the commonwealth shall £i"!^^^!:''f,'^h„ 
requu'e the appointment of a commissary-general, he shall appointed, in 
be nominated, appointed, and commissioned, in such man- 
ner as the legislatiu'e may, by law, prescribe. 

All officers commissioned to command in the militia Miiitia officers, 

, -, (, lY, . , ,11. how removed. 

ma}^ be removed irom office m such manner as the legis- 
latm-e may, by law, prescribe. 

Art. V. In the elections of captains and subalterns A\'ho may vote 
of the militia, all the members of their respective compa- subakernT.^ ''^ 
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'sJl/offlclri^"^ 
by the constitution, the following oath shall be taken and Q^®vi"^Art i 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

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



36 



COXSTITUTION OF THE 



Tests abolished. 



Incompatibility 
of offices 



Qu°ake?B may Pvovided, That wheii any person shall be of the denomi- 
affirm. nation called Quakers, and shall decline taking said oath, 

he shall make his affirmation in the foregoing form, omit- 
tinc: 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." 

Akt. VII. No oath, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify them to perform the duties of their respective offices. 
Art. VIIL No judge of any court of this common- 
122 Mass. 445, wealth, (cxccpt the court of sessions,) and no person 
i23'Ma8e. 535. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorne}", clerk 
of an>' court, sherijff, treasurer and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
trntli^xo-^^^" Art. IX. If, at any time hereafter, any specific and 
particular amendment or amendments to the constitution 
be proposed in the general com-t, and agreed to by a ma- 
jority of the senators and two-thu'ds 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 3'eas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



how made. 



co.m:moxwealth of Massachusetts. 37 

ainendiiient or tiiueiulnuMits to the people ; and if thoy 
shall be approved and ratified by a majority of the quali- 
fied voters, votino- thereon, at nieetini>-s legally warned 
and holden for that i)ur])ose, they shall become i)art of 
the constitution of this commonwealth. 

Art. X. The jiolitical year shall begin on the first commencement 
Wednesday of January, instead of the last Wednesday of 70^°^'°'' 
jNIay ; and the general court shall assemble every year on 
the said fii-st Wedn(\sday 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 Svhich has heretofore commenced on the 
last Wednesday of ^lay. And the general court shall be ^^'^ termina- 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general court from assembling at such other times as 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in theh* stead. 

[The meeting for the choice of o-overnor, lieutenant- Meetings for the 

L o • 1 n 1 1 1 choice of gov- 

governor, senators, and representatives, shall be held on emor, iieuten- 
the second Monday" of November in every year; but etc.f^^hen°tobe 
meetings may be adjourned, if necessary, for the choice ThkciauBe 
of representatives, to the next day, and again to the next aXn'dmen'til^ 
succeeding da}^ 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 j^ear, 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 to'Jo\nC''^° 
October, next following the day when the same shall be operation. 
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 



38 



CONSTITUTIOX OF THE 



Inconsistent 

provisions 

annulled. 



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

in. 



122 Mass. 40,41. 



Census of rata- 
ble polls to be 
taken in 183", 
and decennially 
thereafter. 
This article was 
superseded by 
amendments, 
Art. XIII., 
which was also 
superseded by 
amendments. 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



January then next following, and until others are chosen 
and qualified in their stead, and no longer ; and the first 
election of the governor, lieutenant-governor, senators, and 
representatives, to be had in virtue of this article, shall 
be had conformabh^ thereunto, in the month of Xovember 
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 in.structions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the secm-ity 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 
citizens 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 establislied 
by law." 

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
princi})les of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
day of jNIay, 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 ]\hw, in manner 
aforesaid ; and each town or city having three hundred rata- 



CO:\nrONWEALTH OF MASSACHUSETTS. 39 

blc polls at the last preceding decennial census of polls, 
niav elect one representative, and for every four hundred 
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 ratable poiis, 
})olls, at the last preceding decennial census of polls, shall gented.'^'*'' 
be nudtiplied by ten, and the product divided by tliree 
hundred ; and such town may elect one representative as 
many years within ten years, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect f/prelented.""^ 
one or more representatives, with any number of polls 
beyond the necessary number, maj^ 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 representa- 
tive as many j^ears, 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 

, / /• • • i /» J 1 1 1 i J. unite into repre- 

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

The governor and council shall ascertain and determine. The governor 
within the months of July and August, in the year of our determln^the 
Lord one thousand eight hundred and thirty-seven, accord- resTntt'tivlrto' 
ing to the foregoing i^rincii^les, the number of representa- jvhicheach 

.o on I 1 ' .^,.. town IB entitled. 

tives, which each city, town, and representative district 

is entitled to elect, and the number of years, within the 

period of ten j^ears then next ensuing, that each city, 

town, and representative district may elect an additional 

representative ; and where any town has not a sufficient 

number of polls to elect a representative each year, then, 

how man}^ years w^ithin the ten years, such town may elect 

a representative ; and the same shall be done once in ten New apportion. 

years, thereafter, by the governor and council, and the mfceineveTy ^ 

number of ratable polls in each decennial census of polls, ^^'^J'*^'*"- 

shall determine the number of representatives, which each 



40 CONSTITUTIOX OF THE 

city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
bv 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 luimber shall remain fLxed and unalterable 
for the period of ten years. 
^rovi's^ont"' ^^^ ^^^^ provisions of the existing constitution incon- 

annuUed. sistcut with the provislous herein contained, are hereby 

wholly annulled.] 
Sbitente to be Art. XIII. [A ccusus of the inhabitants of each city 
and'dJ^enDiaiiy ^"^ town, ou the first day of May, shall be taken, and 
thereafter, for retumcd luto tlic sccrctarA^'s office, on or before the last 
eentation. day of Juuc, of the ycar one thousand eight hundred and 

ce'nJu"°Sper- fortv, and of cvcry tenth yeav thereafter ; which census 
ment'i^'ATs^"'* sliall determine the apportionment of senators and repre- 
xxi.andxxn. gentativcs for the term of ten years. 122 Mass. 595. 

frlcfs^decLred The scvcral Senatorial districts now existing shall be 
permanent. i^crmancnt. Tlic scuatc shall consist of forty members ; 

Provisions as to i _ , J ' 

senators super- and in tlic year one thousand eight hundred and forty, 

ments.Art. and cvcry tenth year thereafter, the governor and council 

shall assign the nmnber 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. 

SntafiveVhow' Thc meuibcrs of the house of representatives shall be 

apportioned. apportioned in the followino- manner : Every town or city 

Provisions asto^^^^ ii-ii. i 

representatives containing twcivc hundred inhabitants may elect one rep- 
amMdme^nts/ rescntative ; and two thousand fom- hundred inhabitants 
Art. XXI. shall be the mean increasing nmnber, which shall entitle 

it to an additional representative. 
h^w'iep^"*' Every town containing less than twelve hundred inhab- 

sented. itauts shall be entitled to elect a representative as many 

times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for 
the year in which the valuation of estates within the com- 
monwealth shall be settled. 
TniTeTnto^^ Any two or more of the several towns may, by consent 

dt^tricts"^*'"^ ^^ ^ majority of the legal voters present at a legal meet- 
ing, in each of said towns, respectiveh% called for that 
purpose, and held before the fii'st day of August, in the 
year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representa- 
tive district, to continue for the term of ten years ; and 



COMMONWIOALTII OF MASSACHUSETTS. 41 

siu'li district shiill htivc all tho rights, in regard to rcpro- 
seiitatioii, which would belong to a town containing tho 
same number of inhal)itants. 

The number of inhabitants which shall entitle a town Basis of 
to elect one representative, and the mean increasing num- and ratio of 
bcr which shall entitle a toAvn 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 Jn^/c^o°i^ci°*to 
council shall, before the first day of September, apportion n^uP^i|,er°of*^*' 
the number of rei^resentatives w^hich each city, town, and representatives 

01 GllCn tOWD 

representative district is entitled to elect, and ascertain once in every 
how many ^^ears, 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'^peopie ar" 
or as soon thereafter as may be, by the joint ballot of the provisions as to 
senators and representatives, assembled in one room, who guper*ededby 
shall, as soon as may be, in like manner, fill up any vacan- MQendments, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the ° ^°^'^^ 
term of five years immediatelj^ 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 qu|f^*J,a«on*for 
be required as a qualification for holdino: a seat in either a seat in general 

^ , 1 . , ® . . court or council 

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

Art. XIV. In all elections of civil officers by the Elections by the 
people of this commonw^ealth, whose election is provided puiramyo/''^ 
for by the constitution, the person having the highest num- ''°^^^- 
ber of votes shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of governor, Time of annual 
lieutenant-governor, senators, and representatives, shall emor and legis- 
be held on the Tuesday next after the first Monday in 
November, annually ; but in case of a failure to elect rep- 



42 CONSTITUTION OF THE 

resentatives on that day, a second meeting shall be holden, 

for that piu'pose, on the fourth Monday of the same month 

of November. 

Kobe^chosen ^^^^' ^^^- Eight councillors shall be annually chosen 

by the people, by tliB inhabitants of this commonwealth, (lualified to vote 

122 AlasB 595 *^ " i 

598. ' ' 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 fii'st ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 

dStricfsu!e° thereafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a nimiber 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : jjrovided, liowevey\ that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to tmie, established by the legis- 

ditfned.'*^ lature. No person shall be eligible to the office of coun- 
cillor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 

Sf/of^e^eSfon tiou. The day and manner of the election, the return of 

etc- the votes, and the declaration of the said elections, shall 

be the same as are required in the election of governor. 

^^acancies, how [^vhenevcr there shall be a failure to elect the full num- 

visionTs to°' '^^'^* ^^ councillors, the vacancies shall be filled in the same 

vacancies, see manner as is required for filling vacancies in the senate ; 

Art. XXV. ' and vacancies occasioned by death, removal from the state, 
or otherwise, shall be filled in like manner, as soon as may 

Organization of \^q after such vacaucies shall have happened.] And that 

the government. ' i i • i • • /• i 

there may be no delay in the organization oi the govern- 
ment on the first Wednesday of »Tanuary, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the retiumed copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten da3^s 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 (jualified 
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 



CO.AIMOXWKALTII OF MASSACHUSETTS. 43 

shall be bv thoni (UH-limnl and ])ublishod ; but in case there 
shall bo no election of either of said othcers, the legislat- 
ure shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen TrerfaudUor,'** 
annually, on the day in November prescribed for the genefarby^he 
choice of governor ; and each person then chosen as such, people, 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of governor. In case of a failure to elect y.?''?"'^'^'*' ^°^ 
either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, dm'ing an annual or special session 
of the general court, such vacancy shall in like manner 
be filled b}'^ choice from the people at large ; but if such 
vacancy shall occiu- 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 Toquaiify 
offices aforesaid, shall neglect, for the space of ten days rtherwis" office 
after he could otherwise enter upon his duties, to qualify v^caut.^^™^*^ 
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 inhabi- '■®'='^'"*®- 
tant of this commonwealth five 3'ears next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and pned°for secta- 
all moneys which may be appropriated by the state for Fo?ori^°°iV 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



Bchools, see 

constitution, 

Part First, Art. 

III. 

12 AUen, 500, 

508. 

103 Mass. 94, 96. 



Legislature to 
prescribe for 
the election of 
sheriffs, regis- 
ters of probate, 
etc. See 
amendments, 
Art. XXXVI. 
8 Gray, 1. 
13 Gray, 74. 



Reading consti- 
tution in 
English and 
writing, neces- 
sary qualifica- 
tions 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 talien, 
etc. See 
P. S.c. 31. 



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



expended in, no other schools than those which are con- 
ducted according to law, under the order and superintend- 
ence of the authorities of the town or city in which the 
money is to be expended ; and such moneys shall never 
be appropriated to any religious sect for the maintenance, 
exclusively, of its own school. 

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

no Mass. 172, 173. 117 Mass . 602, 603. 121 Mass. 65. 

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

Art. XXI. A census of the legal voters of each city 
and town, on the fk'st 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 lifty-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 theii" relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the town 
of Coliasset, in the county of Norfolk, shall, for this pur- 



COMMOXWEALTII OF MASSACHUSETTS. 45 

pose, Jis wvW as in the Ibrinatioii of disti'icts, as hereinafter 
provided, be eonsidercd a part of the county of Pljanouth ; 
and it shall he the duty of the secretary of the common- secretary shaii 

, , ... ^ , ^, •. • 1 i • I certify to offi- 

wealtli, to eertity, as soon as may be alter it is determined cers amiiorizud 
by the legislature, the number of representatives to which counties*'. 
each county shall be entitled, to the board authorized to 
divide each count}'' into representative districts. The 
mayor and aldermen of the city of Boston, the county 
conmiissioners 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 Sutfolk, 
such board of special commissioners in each county, to 
he elected by the people of the county, or of the towns 
therein, as may for that piu-pose be provided by law, — 
shall, on the first Tuesday of August next after each Meeting for 
assignment of representatives to each county, assemble at firstVuesday 
a shire town of their respective counties, and proceed, as proceedings. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Quaiiflcationsof 
his election, shall have been an inhabitant of the district i22Mr8s!t95r 
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- described 'and 
tion of each, with the numbers thereof and the number "^''*' 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, 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 
election, shall be prescribed by law. [Not less than one Quorum, see 
hundred members of the house of representatives shall ArT.Vxxiii. 
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 



46 



COXSTITUTIOX OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXIII. 



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



Vacancies in the 
eenate. 



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 j^ear one 
thousand eight hundred and sixtj^-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 : provided, Iioicerer, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Xot less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn fi'om 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 (jualified, 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 })ossessed 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 dm'ing 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. 



COMMONWEALTH OF MASSACHUSETTS. 47 

Art. XXV., In case of a vacancy in the council, from vacancies in tiic 
a failure of election, or other cause, the senate and house '^ """ " 
of representatives shall, by concurrent vote, choose some 
eligible i)er8on from the people of the district wherein such 
\acancy occurs, to fill that office. If such vacancy shall 
happen when the leii'islature is not in session, the governor, 
with the advice and consent of the council, may fill the same 
by appointment of some eligible })erson. 

Art. XXVI. The tAventy-third article of the articles Twenty third 
of amendment of the constitution of this commonwealth, ame'i'idmeuts 
which is as follows, to wit: " No p)erson of foreign birth anmiued. 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jiu'isdiction of the United 
States for tAvo years subsequent to his natm'alization, and 
shall be otherAvise qualified, according to the constitution 
and laAvs of this commonwealth : ])rovided, that this amend- 
ment shall not aftect the rights Avliich any person of foreign 
birth i)ossessed at the time of the adoption thereof; and 
proruled, further, that it shall not aft'ect the rights of any 
child of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom," is hereby Avholly 
annulled. 

Art. XXVn. So much of article two of chapter six Provisions of 
of the constitution of this commonAvealth as relates to per- vi.,' relating to 
sons holding the office of president, i)rofessor, or instructor vSdToiie^r' 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIII. Xo person havino- serA^ed in the army superseded by 

. - ^ Art XXXT 

or naA^y of the United States in time of Avar, and having 
been honorably discharged from such service, if other Avise 
qualified to \'ote, shall be disqualified therefor on account 
of being a pauper ; or, if a pauper, because of the non- 
payment of a poll tax. 

Art. XXIX. The general court shall have full poAver voting pre- 
and authority to provide for the inhabitants of the toAvns "'^°''*^° 
in this commoiiAvealth more than one place of public meet- 
ing Avithin the limits of each toAvn for the election of officers 
under the constitution, and to prescribe the manner of call- 
ing, holding and conducting such meetings. All the pro- 
A'isions of the existing constitution inconsistent Avitli the 
provisions herein contained are hereby annulled. 

Art. XXX. Xo person, otherAvise qualified to A^ote in voters not dis. 
elections for governor, lieutenant-governor, senators, and resfson^of ^ 
representatives, shall, by reason of a change of residence dencf untirsfx 
Avithin the commonAvealth, be disqualified from voting for ^^^otK^'ovai. 
said officers in the citA' or toAvn from Avhich he has removed 



48 



CONSTITUTION OF THE 



Amendments, 
Art. XX Vm. 
amended. 



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



Provisions of 
amendments. 
Art. III., rela- 
tive to payment 
of a tax as a 
voting qualiflca- 
tion, annulled. 



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



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



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



his residence, until the expiration of six calendar months 
fi'om the time of such removal. 

Art. XXXI. Article twenty-eight of the amendments 
of the constitution is hereby amended by striking out in 
the fourth line thereof the words " being a pauper", and 
inserting in place thereof the words : — receiving or having 
received aid from any city or town, — and also by sticking 
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 be- 
cause 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 seised, in his 
own right, of a freehold, within the commonwealth, of the 
value of one thousand pounds " ; is hereby annulled. 

Art. XXXV. So much of article two of section three 
of chapter one of the constitution of the commonwealth 
as is contained in the following words : " The expenses of 
travelling to the general assembly, and returning home, 
once in every session, and no more, shall be paid by the 
government, out of the public treasury, to every mem- 
ber who shall attend as seasonably as he can, in the judg- 



COMMONWEALTH OF MASSACHUSETIS. 49 

inont of tlie house, and does not de})art without leave", 
is hcrcb}' annulled. 

Art. XXXYI. So nuich of article nineteen of the 
articles of amendment to the constitution of the common- 
■\vealth as is contained in the followiniz: words: " conunis- 
sioners of insolvency", is hereby annulled. 



The constitution of Massachusetts was agreed upon by delegates 
of the people, iu convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of ]\Iarch, 1780, when the convention adjourned to meet 
on the first TTednesday of the ensuing June. Li the mean time the 
constitution was submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
"When the convention assembled, it was found that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Resolved, ' ' That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any jjurpose, save only for that of making elec- 
tions, agreeable to this resolution." The first legislature assemljled 
at Boston, on the twenty -fifth day of October, 1780. 

The first nine Articles of Amendment were submitted, by delegates 
in convention assembled, ISTovember 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 
ratified by the people May 11, 1831. 

The eleventh i\j'ticle was adopted by the legislatures of the politi- 
cal years 1832 and 1833, resjiectively, and was approved and ratified 
by the people November 11, 1833. 

The twelfth Article was adopted by the legislatures of the political 
years 1835 and 1836, respectively, and was approved and ratified by 
the people the fourteenth day of November, 1836. 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1840, respectively, and was approved and ratified 
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 peojile the 
twenty -third day of May, 1855. 

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



50 CONSTITUTIOX OF MASSACHUSETTS. 

The twenty-third Article was adopted by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the people 
on the ninth day of May, 1859, and was repealed by the twenty -sixth 
Amendment. 

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

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

The twenty- -seventh Article was adopted by the legislatures of the 
political years 187(5 and 1877, and was approved and ratified by the 
people on the sixth day of Xovember, 1877. 

The twentj'-eighth Article was adopted by the legislatures of the 
jiolitical years 1880 and 1881, and was ajij^roved and ratified by the 
people on the eighth day of Xovember, 1881. 

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

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

The thirtj'-second and thirty -third Articles were adopted by the 
legislatures of the political jears 1890 and 1891, and were approved 
and ratified by the people on the third day of Xovember, 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 Xovember, 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 Xovember, 1893. 

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



[A proposed Article of Amendment, prohibiting the manufacture 
and sale of Intoxicating Liquor as a beverage, adopted by tlie legis- 
latures of the political years 1888 and 1889, was rejected by the 
peojile 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 Xovember, 1896.] 



INDEX TO THE CONSTITUTION. 



A. 

Address of both houses of the le_o;islature, judicial officers may be 

removed by governor with consent of council uj^on, . 2G 

Adjutant-general, appointed by the governor, .... 22 
Adjutants, to be appointed by commanding otficers of regiments, . 22 
Affirmations, instead of the required oaths, may be made by 

Quakers, 30,31,36 

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

Alimony, divorce, etc., 27 

Amendment to the constitution, proposed in the general court, 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the proi^osition 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 without 

consent 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 

Arrest, search and seizure, right of, regulated, . . . , 7 

warrant to contain special designation, ..... 7 

Attorney-general, to be chosen by the jjeople annually in Novem- 
ber, 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 b}' the voters, or in case of decease of 
person elected, vacancy to be filled by joint ballot of legis- 
lature from the two persons having the highest numljer 
of votes at November election, ...... 43 



52 INDEX TO THE CONSTITUTIOX 



Page 



Attorney-general, vacancy occurring during session of the legislat- 
ure, tilled 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 

office 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 ofiice for one year 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 ofiice of attorney-general, 43 

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

next i^receding election, ....... 43 

ofiice to be deemed vacant if jjerson 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- 
thirds 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 appointment or elec- 
tion, 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 



Cities, may be cliarterod by the general court, if containing; twelve 
thousand iuhal)itants and consented to by a majority 

thereof, 

Civil ollicers, meeting; for election to be held annually on the Tues- 
day next after the lirst Mondaj- in November, . 
whose election is provided for by the constitution to be 
elected by a plurality of votes, ...... 

Clerks of courts, elected by the people of the several counties, 
Clerks of towns, to make records and returns of elections, 
Colonial laws, not repugnant to the constitution, continued in 

force, 

Commander-in-chief, governor to be, ...... 

Commerce, agriculture and the arts, to be encouraged, . 
Commissary-general, api)ointed and commissioned as fixed by law, 
Commission officers, tenure of office to be expressed in commissions, 
Commissioners of insolvency, elected by the i^eople of the several 
counties ; annulled, ........ 

Commissions, to be in the name of the commonwealth, signed by 
governor, attested by the secretary, and have the great 

seal affixed, 

Congress, delegates to, ........ . 

members of, may not hold certain state offices. 
Constitution, ainendment to, jiroposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court; if the next general court agrees to the 
proposition in the same inanner and to the same effect, it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution. 
Constitution, provisions for revising, ..... 

to be enrolled on parchment, deposited in secretary's office 
and printed in all editions of the laws, ... 

Coroners, 

Corruption or bribery used in jsrocuring any appointment or elec- 
tion, to disqualify from holding any office of trust, etc.. 
Council, five members to constitute a quorum, 

eight councillors to be elected annually, .... 

election to be determined by rule required in that of gov 
eruor, .......... 

to take oath of office before the pi'esident of the senate in 

presence of both houses of assembly, 
to rank next after the lieutenant-governor, 
resolutions and advice to be recorded in a register, and signed 

by the members present, 

register of council may be called for by either house, 
to exercise the power of governor when office of governor 
and lieutenant-governor is vacant, .... 



Page 



34 
■41 

41 

44 
13 

32 
20 
29 
25, 35 
26 

44,49 



32 
27 
36 



36,37 
33,36 

34 

21 

32 
24 

24,42 

42 

29 
25 

25 
25 

25 



54 INDEX TO TPIE CONSTITUTION. 

Page 

Council, no property qualification required, 41 

eight districts to be formed, each composed of five contiguous 

senatorial districts, ........ 42 

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

term of office, 37 

vacancy to be 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, 47 

Court, superior, judges not to hold certain other offices, . . 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 eitlter 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 off'ences, prosecutions for, regulated, .... 7 

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

D. 

Debate, freedom of, in the legislature, 8 

Declaration of the rights of the inhabitants, ..... 4 
Declaration and oaths of officers ; tests abolished, . . .29, 35, 36 

Delegates to congress, 27 

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

District attorneys, elected Ij}' the people of the several districts, . 44 
Districts, councillor, eight, each to be composed of five contiguous 

senatorial districts, ........ 42 

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

several counties, 39,45 

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

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



INDEX lO THE CONSTITUTION. 55 

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

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

on fourth Monday in November, 41, 42 

Election returns, 13, 42 

Enacting style of laws, established, 33 

Equality and natural rights of all men, ...... 4 

Estates, valuation to be taken anew once at least every ten years, 12 
Executive department, notto exercise legislative or judicial powers, 9 

£.i;j90si/rtc^o 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 requii'ed as qualification for seat in the 

general court or council, . . ... 41 

possession of, by governor, provision requiring, annulled, 48 
Fimdamental principles of the constitution, a frequent recurrence 

to, recommended, ........ 8 

G. 

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

for making laws, ........ 8 

freedom of speech and debate in, . . . . . . 8 

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

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

repugnant to the constitution, ...... 11 

may provide for the election or appointment of ollicers, and 

prescribe their duties, . . . . . . . 11 

may impose taxes, etc., to be used for the i^ublic 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 
infectious distemper prevailing, ..... 19,20 



56 



INDEX TO THE CONSTITUTION. 



General court, judicial officers may be removed upon address of, 

person convicted of l)riberj, not to hold seat in, 

may increase property qualifications of persons to be elected 
to office, ....... 

certain officers not to have seats in, . 

may be prorogued by governor and coimcil for ninety days, if 
houses disagree, etc., 

to elect major-generals by concurrent vote, 

empowered to charter cities, . ... 

to determine election of governor, lieutenant-governor and 
councillors, .......... 

to prescribe by law for election of sheriffs, registers of pro- 
bate and commissioners of insolvency by the people of 
the counties, and district attorneys by the j^eople of the 
districts, .... 

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

Government, objects of, 

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

Governor, the supreme executive magistrate, styled, — The Gov- 
ernor of the Commonwealth of Massachusetts ; with the 
title of, — His Excellency ; elected annually, . 

qualifications, 

term of office, 

should have an honorable stated salary, . 

the commander-in-chief, of the army and navy, but may not 
oblige them to go out of the limits of the state, 

to appoint the adjutant-general, ... 

may call togetiier the councillors at any time, . 

not to hold certain other offices, ..... 

to take oaths of office before president of the senate in pres 
ence of the two houses of assembly, .... 

to sign all comiuissions, ....... 

election determined by the legislature, .... 

veto power, 

vacancy in office of, jDOwers to be exercised by the lieutenant- 
governor, ........ 

vacancy in office of governor and lieutenant-governor, powers 
to be exercised by the council, .... 

with advice of council, may adjourn or prorogue the legislat- 
ure upon request, and convene the same, . 

may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, 

to appoint all judicial officers, notaries public and coroners ; 
nominations to be made at least seven days before ap- 
pointment, . 



Page 
26 
32 

32 
31 

20 
21 
34 

41,42 



44 

48 

3,5,6 



18 

18,36,48 

37 

23 



20,21 
22 
19 
31 

31 

32 

42,43 

10 

24 

25 

19 



19 



21,35 



INDEX TO THE CONSTITUTION. 



57 



Governor, to appoint ollicers of the continental army, . 

may jiarcion ollences, l)ut not before conviction, 

may fill vacancy in council occurring when letrislature is not 
in session, ......... 

■with consent of council, may remove judicial officers, upoi 
the address of both houses of the legislature. 
Governor and council, to examine election returns, 

may punish persons guilty of disrespect, etc., by imi)rison- 
ment not exceeding thirty days, .... 

quorum to consist of governor and at least live menil)crs 
the council, 

may require the attendance of the secretary of the common- 
wealth in person or by dei)uty, ..... 



ra^c 
22 
21 



47 

26 
14,42 

17,18 

19 

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 l)y legislature, .... 28 

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

Hereditary offices and jDrivileges, absurd and unnatural, . 5,6 

House of representatives, members may be instructed by the ])eople, 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 b}^ 

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

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

large upon records, ........ 10 

qualifications of members, ...... 17,41,45 

must be an inhabitant of district for one year preceding elec- 
tion, and shall cease to be a member when ceasing to be 
an inhabitant of the state, ....... 45 

members not to be arrested on mesne process during going 

to, return from, or attending the general assembly, . . 18 
the grand inquest of the commonwealth, . . . . . 17 

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

concur 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 daj^s, per- 
sons guilty of disrespect, etc. ; trial may be by committee, 17, 18 



58 INDEX TO THP: CONSTITUTIOX. 

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

may require the attendance of secretary of tlie commonwealth 

in person or by deputy, ....... 26 

may require the opinions of the justices of the sujjreme 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, 41 

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

Monday of Noveml)er, 41, 42 

to consist of two hundred and forty members, apportioned to 
the several counties equally, according to relative num- 
ber 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 186;"), and every tenth year there- 
after, 88,40,44,45 

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

counties ; annulled, 44, 49 

Instruction of representatives, 8 

J. 

Judges of courts may not hold certain other ofiices, . . .31, 36 
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 council, or eitlier bi'aneh of 
legislature, .......... 26 

not to hold certain other offices, ...... 31 

Judicatories and courts, may be established by the general court, . 11 
may administer oaths or affirmations, . . . . . 11 

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



INDEX TO THE CONSTITUTION. 59 

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

to hold office during good behavior, except when otherwise 

provided by the constitution, ...... 26 

may be removed irom office by the goveinior, 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 sei-vice, subject to, except l)y authority 

of the legislature, 9 

Laws, every person to have remedy in, for injury to jjcrson or 

property, 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 gov- 
ernor, 23,37,41,48 

in the absence of governor, to be j^resident of the council, . 24 
to l^e acting governor when the chair of the governor is 

vacant, .......... 24 

to take oath of office before president of the senate in pres- 
ence 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, ... 6 

Magistrates and courts, not to demand excessive bail, impose ex- 
cessive fines, or inflict cruel punishments, ... 9 

Major-generals, elected by senate and house of representatives by 

concurrent vote, 21 

may appoint their aids, ........ 22 

Marriage, divorce and alimony, . . ... . . . 27 



60 



IM)EX TO THE CONSTITUTION. 



Martial law, only those employed in the army and navy, and the 
militia in actual service, subjet-t to, except by authority 
of legislature, ........ 

Military power, subordinate to civil authority, 

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

the limits of the state, 

captains and subalterns, elected by the train-bands, 
all members of companies may vote, including minors, . 
field officers, elected by captains and subalterns, 
brigadiers, elected by field officers, ..... 

major-generals, elected by senate and house of representatives 
liy concurrent vote, ....... 

mode of election of officers to be fixed by standing laws, 

if electors refuse to elect, governor with advice of council 

may appoint officers, 

officers commissioned to command may be removed as may 
be prescribed by law, ...... 

appointment of staft' officers, ...... 

organization ; divisions, brigades, regiments and companies. 
Money, issued from treasury- by warrant of governor, etc., . 

mentioned in the constitution, to be computed in silver at six 
shillings and eight pence per ounce, .... 

Money bills, to originate in house of representatives, 

Moneys, raised or appropriated for public or common schools, not 

to be applied for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates, . 
Moral qualifications for office, 



Page 



9 

8 

21 
21,35 
35 
21 
21 

21 
21 

22 

22,35 
22 
22 
22 

32 
17 

43 
8 
8 



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

address of both houses, 35 



o. 

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

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

forms of, 29, 30, 35 

30,36 

35 

3,6 

7 

32 

6 



Quakers may affirm, 

to be taken by all civil and military officers, . 

Objects of government, 

Offences and crimes, proseciitions for, regulated, . 

Office of trust, person convicted of bribery, etc., not to hold 

Office, rotation in, right secured, 

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



INDEX TO THE CONSTITUTION. 



61 



rage 
Office, no person eli<rible to, unless they can read and write, . 44 

Officers, civil, legislature may provide lor 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, exce2)t, etc., '2G 
may be removed by governor, with consent of council, upon 

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

Officers of former govei'nment, continued, 33 

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

removal of, 22, 35 

Officers and magistrates, accountal^le to the people, ... 5 

Offices, plurality of, prohibited to governor, lieutenant-governor 

and judges, 31,36 

incompatible, 31,32,36 

Organization of the militia, ........ 22 



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 rejjresentatives, and to petition legislature, 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, ratal )le, 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 
Provincial laws, not repugnant to the constitution, continued in 

force, 32 



62 



INDEX TO THE CONSTITUTION. 



Public boards and certain officers to make quarterly reports to the 
governor, .......... 

Public officers, right of people to secure rotation, . . . . 

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

Public notary (see Notary public). 

Public religious worship, right and duty of, 

Punishments, cruel and unusual, not to be inflicted, 



22 
6 



Q. 

Quakers, may make affirmation. 
Qualification of i:)ersons to be elected to office 

the legislature, .... 
Qualification, property, of governor, abolished 
Qualification, property, i:)artially abolished 
Qualifications, of a voter, . 

of governor, 

of lieutenant-governor, 

of councillors, . 

of senators, 

of representatives, 

of seci-etary, treasurer, auditor, and attorney-general, 
Qualifications, moral, of officers and magistrates, . . . . 
Quartermasters, appointed by commanding officers of regiments, . 
Quorum, of council, ......... 19, 

of senate, . . . . . . . . . .16, 

of house of representatives, ...... 17, 



nay lie increased by 



13,17,34,44,46, 
. 18, 
. 23, 

. 15, 
16, 



30,36 

82 

48 

41 
47,48 
43,48 
43,48 
41,43 
40,46 
41,45 

43 
8 

22 
24,42 
46,48 
45,48 



K. 

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 their own pastors or religious teachers, 5, 38 
membership of, defined, ........ 38 

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 



INDEX TO THE CONSTITUTION. 63 

Remedies by recourse to the law, to be fi'ee,coini)lete and pronij)t, 6 
Representatives (see House of representativ^es). 
Resolves (see Bills and I'esolves). 

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-j^ayment of 

poll tax, 48 

Salary, a stated and honorable salary to be established for the 

governor, 23 

permanent and honorable salaries to be established for the 
justices of the supreme judicial court, and to be enlarged 
if not sufiicient, . . . . . . . . . 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 aiTest, right of, regulated, .... 7 

Secretary of the commonwealth, to be chosen by the peoj^le 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 oceuning diuing 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 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 lails 

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 ofiicers and establish rules, 15 

shall try all impeachments, 15, 17 

quorum of, 16,46,48 

may punish for certain oftences ; 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 02)inions of the justices of the supreme 
judicial court upon important questions of law, and upon 
solemn occasions, ........ 26 

to enter objections, made by governor to passage of a bill or 

resolve, at large on records, 10 

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

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

apportionment based vipon legal voters, 46 

Sherifi'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 eight jience 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 

without consent of the legislature, 8 

State or body politic, entitled, — The Commonwealth of Massachu- 
setts, 10 

Supreme judicial court, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 23 
to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or b}' 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. 

Vtigc 

Taxation should be founded on consent, 6,8 

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

representatives, 8 

may be imposed by the legislature, ...... 12 

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

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

Tenure that all commission officers shall by law have in their 

offices, shall be expressed in their commissions, . . 26 

Tests abolished, 36 

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

Title of governor to be,— His Excellency, 18 

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

Town representation in the legislature, 16, 39, 40 

Towns, voting precincts in, ........ 47 

Travelling expenses of members, to general assembly and re- 
turning home, once in every session, to be paid by the 

government, 16 

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

legislature, ......... 9 

Treasurer and receiver-general, to be chosen by the people an- 
nually in November, ....... 25, 26, 43 

to hold office for one year from third Wednesday in January 

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

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

next preceding election or appointment, .... 43 

no man eligible more than live 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 Xovember 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 ji;ry, 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 otiices of governor and lieutenant-governor, powers 

to be exercised hj 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 tilled by governor 
with advice of the council, 42, 47 

Vacancy in the senate, to be tilled by election by the peojale upon 

the order of a majority of senatoi's elected, . . . 15,46 

Vacancy in office of secretary, treasurer, auditor and attorney- 
general, caused by decease of person elected, or iailure 
to elect, tilled by joint ballot of legislature from the two 
persons having highest number of votes at Xovember 
election, .......... 43 

occurring during session of legislature, filled by joint ballot 

of legislature from people at large, 43 

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

governor, by apjiointment, 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-gov- 
ernor, senators and representatives, . 13, 17, 34, 44, 46, 47, 48 
not disqualified on account of non-payment of poll tax if they 

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

the basis upon which the apportionment of representatives 

to the several counties is made, 44 

basis of apportionment of senators, 46 

census of, to be taken in 1865, and every tenth year after, . 44, 46 

Votes, returns of, \ ^ . 13, 19, 42, 43 

plurality of, to elect civil ollicers, ...... 41 

Voting precincts in towns, ........ 47 



INDEX TO THE CONSTITUTION. 07 



Page 
Worship, public, the ri^ht and duty of all men, .... 4 

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

Writing and reading, necessary qualifications for voting, or hold- 
ing ollice, .......... 44 

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



Y. 

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



ACTS AND EESOLVE8 



MASSACHUSETTS. 



1900. 



1^° The General Court of the year nineteen hundred assembled on Wednesday, 
the third day of January. The oaths of office were taken and subscribed by His 
Excellency W. Murray Crane and Ilis Honor John L. Bates on Thursday, the 
fourth day of January, in the presence of the two Houses assembled in convention. 



ACTS. 



Chaj). 



An Act making appropriations for the compensation and 
travelling expenses of the members of the legislature, 
for the compensation of 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 
folloivs : 

Section 1 . The sums hereinafter mentioned are appro- Appropriations, 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

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

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

For the compensation of representatives, one hundred Representa. 

T • 1 1 T 1 11 1 •/• 1 n tives, compen- 

and eighty thousand seven hundred and hity dollars. eation. 

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

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

For the salaries of the clerks of the senate and house of house^cteris. 
representatives, three thousand dollars each. 

For the salaries of the assistant clerks of the senate and Assistant 

. clerl<s. 

house of representatives, two thousand dollars each. 

For such additional clerical assistance for the clerks of clerical assist- 

11/, . ance. 

the senate and house of representatives as may be neces- 
sary for the proper despatch of public business, a sum not 
exceeding three thousand dollars. 

For the salary of the sergeant-at-arms, thirty-five hun- sergeantat- 
dred dollars. 

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

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



Acts, 1900. — Chap. 2. 



Postraaster, 
messengers, etc, 



Senate 
stationery. 



House 
stationery. 



Printing and 
binding, senate 
and house. 



Manual. 



Sergeant-at- 
arms, station- 
ery, etc. 



Senate and 
house, contin- 
gent expenses. 



Expenses of 
committees. 



Witness 
fees, etc. 



For the compensation of the assistant doorkeepers, post- 
master, messengers and pages to the senate and house of 
representatives, a sum not exceeding thirty-one thousand 
five hundred dollars. 

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

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

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

For printing and binding the manual of the general 
court, under the direction of the clerks of the senate and 
house of representatives, a sum not exceeding three thou- 
sand dollars. 

For books, stationery, postage, printing and advertis- 
ing, ordered by the sergeant-at-arms, a sum not exceeding 
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 commit- 
tees, and for fees of such witnesses, a sum not exceeding 
two hundred dollars. 

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

Approved January 16, 1900. 



(JJiart. 2 A.N Act making appropriations for salaries and expenses in 

THE EXECUTIVE DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted., etc., as folio ivs : 
Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes 
specified, for the 3^ear ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 
Lieutenant Yov the Compensation of the lieutenant governor, two 

council, com- thousaud dollars ; and for the executive council, sixty-four 

pensation. i i i i n 

hundred dollars. 



Acts, 1900. — Chap. 3. 5 

For travolIiiiiT expenses of the executive council, a sum Travelling 
not exceeding tit'teen luindred dollars. expenses. 

For the salary of the private secretary of the governor, I'nvate 
twenty-five hundred dollars. secretary. 

For the salary of the executive secretary, two thousand fecreur^^ 
dollars. 

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

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

For contingent expenses of the executive department, Executive 

/•1I1111 department, 

the sum ot three thousand dollars. expenses. 

For postage, printing and stationery for the executive Postage, print- 
department, a sum not exceeding eight hundred dollars. '"«'<*^'=- 

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

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

For the payment of extraordinary expenses, to be ex- Extraordinary 
pended under the direction of the governor and council, a ®^p^°^*'®" 
sum not exceeding fifteen thousand dollars. 

For the preparation of tables and indexes relating to indexes, etc., 
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 Arrest of fugi- 
justice, a sum not exceeding one thousand dollars. jusuce."™ 

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

Approved January 25, 1900. 

An Act making appropriations ior salaries and expenses in fififyr} S 

THE department OF THE TREASURER AND RECEIVER GENERAL. "' 

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, for the 
year ending on the thirty-first day of December in the year 
nineteen hundred, to wit : — 

For the salary of the treasurer and receiver general of Treasurer, 
the Commonwealth, five thousand dollars. 

For the salary of the first clerk in the treasurer's depart- First cierk. 
ment, twenty-five hundred dollars. 



Acts, 1900. — Chap. 3. 



Second clerk. 
Cashier. 
Third clerk. 
Fund clerk. 
Receiving teller. 
Paying teller. 



ABsistant book- 
keeper. 



Clerical asaist- 
ance. 



Expenses. 



Clerical assist- 
ance. 



Legacy tax 
clerk. 



Tax on collat- 
eral legacies, 
etc. 



Deputy sealer 
of weights, etc. 

Expenses. 



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 depart- 
ment, fourteen hundred dollars. 

For the salary of the fund clerk in the treasurer's depart- 
ment, 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 
department, 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 depart- 
ment, the sum of nine hundred dollars. 

For incidental and contingent expenses in the treasurer's 
department, a sum not exceeding sixty-five hundred dol- 
lars. 

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 the salary of the legacy tax clerk in the treasurer's 
department, eighteen hundred dollars. 

For such expenses as the treasurer may find necessary 
in carrying out the provisions of the act imposing a tax on 
collateral legacies and successions, a sum not exceeding 
seven hundred and fifty dollars. 

For the salary of the deputy sealer of weights, measures 
and balances, twelve hundred dollars. 

For travelling and other expenses of the deputy sealer 
of weights, measures and balances, a sum not exceeding 
five hundred dollars ; and for furnishing sets of standard 
weights, measures and balances to towns not heretofore 
provided therewith, and to each newly incorporated town, 
also to provide cities and towns with such portions of said 
sets as may be necessary to make their sets complete, a sum 
not exceeding six hundred dollars. 

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

Approved January 25 y 1900. 



Acts, 1900. — CtiAPs. 4, 5. 



An Act making appropriations kou salaries and expenses in QlinY) A. 

THE department OF THE AUDITOR OK THE COMMONWEALTH. ^ 

Be it enacted, etc. , as folloivs : 

Sectiox 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, for the 
year ending on the thirty-first day of December in the year 
nineteen hundred, to wit : — 

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

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

For the salary of the second clerk in the auditor's depart- secoud cierk. 
ment, two thousand dollars. 

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

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

For the salary of the messenger in the auditor's depart- Messenger. 
ment, nine hundred dollars. 

For the compensation of a state printing expert, a sum Printing expert, 
not exceeding fifteen hundred dollars. 

For incidental and contingent expenses in the auditor's Expenses. 
department, a sum not exceeding fifteen hundred dollars. 

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

Approved January 25, 1900. 

An Act making appropriations for salaries and expenses in Hlifij) K 

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

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, for the 
year ending on the thirty-first day of December in the year 
nineteen hundred, to wit : — 

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

For the compensation of assistants in the office of the Assistants, etc. 
attorney-general, and for such additional legal assistance 
as he may deem necessary in the discharge of his duties, 



8 



Acts, 1900. — Chap. 6. 



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 25^ 1900. 



Chap. 



Appropriations. 



Engineer's 
department. 



Watchmen, etc. 



Firemen, etc. 



Elevators. 



Special mes- 
senger, etc. 



Telephones. 



Fuel and lights. 



Care of state 
house, etc. 



New furniture, 
etc. 

Messengers, etc. 



(5 An Act making appropriations for the salaries of employees, 

AND FOR other NECESSARY EXI^ENSES IN THE DEPARTMENT OF THE 
SERGEANT- AT-ARMS. 

Be it enacted, etc., asfoUoivs: 

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, for the 
year ending on the thirty-first day of December in the year 
nineteen hundred, to wit : — 

For the salary of the chief engineer and other employees 
in the engineer's department, a sum not exceeding ten thou- 
sand two hundred dollars. 

For the salaries of the watchmen and assistant watchmen 
at the state house, a sum not exceeding eleven thousand 
one hundred dollars. 

For the salaries of firemen, oilers and cleaners at the 
state house, a sum not exceeding ten thousand five hun- 
dred dollars. 

For the salaries of the elevator men, and expenses in 
connection with the elevators at the state house, a sum not 
exceeding sixty-eight hundred dollars. 

For the salaries of the special messenger and porters at 
the state house, a sum not exceeding five thousand three 
hundred dollars. 

For rent of telephones and expenses in connection there- 
with at the state house, a sum not exceeding five thousand 
dollars. 

For fuel and lights at the state house, including coal, 
water, gas, and removal of ashes, a sum not exceeding 
thirty thousand dollars. 

For the care of the state house and grounds, including 
repairs, furniture and repairs thereof, and such expenses 
as may be necessary at the various buildings on Mount 
Vernon Street now occupied by state departments, a sum 
not exceeding twenty-five thousand dollars. 

For new furniture and fixtures, a sum not exceeding five 
thousand dollars. 



For the salaries of the messengers to the sergeant-at- 



Acts, 1900. — Chap. 7. 9 

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- Expenses. 
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 **'»''"""• 
exceeding eight hundred dollars. 

For the salary of the janitor at the Commonwealth build- ;^X''°e.\^|^'"' 
ing, a sum not exceeding nine hundred dollars. bunding. 

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 January 25, 1900. 



An Act making appropriations for salaries and expenses in (JJiqj) 7 
the department of the tax commissioner. 

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, for the 
year ending on the thirty-first day of December in the year 
nineteen hundred, to wit : — 

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

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

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

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

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

For travelling expenses of the tax commissioner and his Travelling 
deputy, a sum not exceeding one thousand dollars. expenses. 

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

For expenses of the state valuation, under the direction state valuation. 



10 



Acts, 1900. — Chaps. 8, 9. 



of the tax commissioner, a sum not exceeding three thou- 
sand dollars. 

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

Approved Januari/ 25, 1900. 



Chap. 



Appropriations, 



CommiseionerB 
of saviDgs 
banks, 
chairman. 
Associate com- 
missioners. 

First clerk. 



Second clerk. 



Additional 
clerks, etc. 



Expenses. 



Q An Act making appropriations for the salaries and expenses 

OF THE commissioners OF SAVINGS BANKS. 

Be it enacted, etc. , as folloivs : 

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, for the 
year ending on the thirty-first day of December in the year 
nineteen hundred, to wit : — 

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

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

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

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

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 25, 1900. 



Chap. 



9 An Act making appropriations for the salary and expenses 
OF the state pension agent. 



Be it enacted, etc., as folloivs: 
Appropriations. Section 1. Thc suuis hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for the 
year ending on the thirty-first day of December in the year 
nineteen hundred, to wit : — 

For the salary of the state pension agent, two thousand 
dollars. 

For clerical assistance, travelling and other necessary 



State pension 
agent. 



Clerical assist- 
ance, etc. 



Acts, 1900. — Chaps. 10, 11, 12. 11 

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 25, 1900. 

An Act making ^vn appropriation for the Massachusetts school (JJiup, 10 

FUND. 

Be it enacted, etc., as follows: 

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

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

Approved January 25, 1900. 

An Act making an appropriation for the perkins institution (JJiQp^ H 

AND MASSACHUSETTS SCHOOL FOR THE BLIND. 

Be it enacted, etc. , as follows : 

Section 1. The sum of thirty thousand dollars is Perkins insu^^ 
hereby appropriated, to be paid out of the treasury of the eachusetts 
Commonwealth from the ordinary revenue, to the Perkins s'lin'd. 
Institution and Massachusetts School for the Blind, as pro- 
vided for by chapter nineteen of the resolves of the year 
eighteen hundred and sixty-nine. 

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

Approved January 25, 1900. 

An Act maiung appropriations for the payment of annuities QJidp^ 12 
TO soldiers and others. 

Be it enacted, etc., as follcnvs : 

Section 1 . The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for 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 nineteen hundred, to wit : — 

For annuities incurred by the acceptance of the bequest Johonnot annul- 
of the late Martha Johonnot, a sum not exceeding two 
hundred dollars. 



Penaions. 



12 Acts, 1900. — Chaps. 13, 14. 

foidilrB^etc° -^^^ annuities to soldiers and others, as authorized by 

the general court, the sum of five thousand six hundred 
and eighty dollars. 

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

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

Approved January 25, 1900. 

ChCin. 13 -^^ -^^"^ MAKING APPROPRIATIONS FOR S/VLARIES AND EXPENSES IN 

THE STATE LIBRARY. 

Be it enacted, etc., as follows: 

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 purposes specified, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

state librarian. Pqj. ^j^q salary of the statc librarian, three thousand 
dollars. 

boo'^ka^**"^ For the purchase of books for the state library, sixty- 

five hundred dollars. 

For such clerical assistance in the state library as may 
be necessary, a sum not exceeding forty-three hundred 
dollars. 

For preparing an index to current events and such other 
matters contained in the newspapers of the day as may be 
deemed important by the trustees and librarian, a sum not 
exceeding one thousand dollars. 

jixpenseB. -p^j. Contingent expenses in the state library, to be ex- 

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

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

Approved January 25, 1900. 

QJiaj). 11 An Act making an appropriation for the Worcester poly- 
technic INSTITUTE. 

Be it enacted, etc., as follows: 

^chnTo^in'sti"'^" Section 1. The sum of six thousand dollars is hereby 
tute- appropriated, to be paid out of the treasury of the Com- 

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

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

App7'oved January 25, 1900. 



Clerical asBist 
ance. 



Index to current 
events. 



Acts, 1900. — Chaps. 15, 1(5, 17. 13 



Ax Act JtAKiNG appropriations for tiik expenses of the isoard (JJidj)^ 15 

OF FREE PUBLIC LIBRA UY COMMISSIONERS. 

Be it enacted^ etc., as folloios: 

Sectiox 1. The sums hereinafter mentioned are appro- AppropriationB. 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

To carry out the provisions of the act to promote the Free pubuc 
establishment and efficiency of free public libraries, a sum ''^'■'*"^*- 
not exceeding five hundred dollars. 

For clerical assistance to and incidental expenses of the clerical assiet- 
board of free public library commissioners, a sum not "°*^^' 
exceeding five hundred dollars. 

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

Apirroved January 25, 1900. 



Chap. 16 



An Act making an appropriation for the removal of wrecks 
from tide waters. 

Be it enacted, etc. , as folloios : 

Section 1. The sum of five thousand dollars is hereby Removal of 
appropriated, to he paid out of the treasury of the Com- from tidl°°^ 
monwealth from the ordinary revenue, for expenses in ^a'^rs. 
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 ending 
on the thirty-first day of December in the year nineteen 
hundred. 

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

Approved Jamiary 25, 1900. 

An Act making an appropriation for the compensation of niifi-n 17 

INSPECTORS OF ANIMALS AND PROVISIONS. 

Be it enacted, etc., as follows : 

Section 1. A sum not exceedino; eight thousand dol- inspectors of 

1 '11 • ■\ ^ •! •! animals and 

iars is hereby appropriated, to be paid out of the treasury provisions. 
of the Commonwealth from the ordinary revenue, for the 
compensation of inspectors of animals and provisions 
during the year ending on the thirty-first day of December 
in the year nineteen hundred. 

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

Approved January 25, 1900, 



14 Acts, 1900. — Chaps. 18, 19, 20. 



CllWf)* 18 -^^ -'^CT MAKING AN APPROPRIATION FOR THE MASSACHUSETTS IN- 
STITUTE OF TECHNOLOGY. 

Be it enacted., etc., as follows: 
MasBachueetts Section 1. The suui of twcnty-iiine thousand dollars 
Technology. is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, to the 
Massachusetts Institute of Technology. 

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

Approved January 25, 1900. 

(JJldT), 19 -^^ ^^^ MAKING APPROPRIATIONS FOR THE SALARY AND EXPENSES 
OF THE GENERAL SUPERINTENDENT OF PRISONS. 

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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

s^tendeLt of^"^' ^^^ ^^^^ salaiy of the general superintendent of prisons, 

prisons. thii'ty-five hundred dollars. 

Clerical Yov clcrical assistance to the general superintendent of 

. prisons, a sum not exceeding one thousand dollars. 

Travelling For travelling expenses of the general superintendent 

expenses. of prisous, a sum not exceeding five hundred dollars. 

Expenses. jpor incidental and contingent expenses of the general 

superintendent of prisons, a sum not exceeding fifteen 
hundred dollars. 

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

Approved January 25, 1900. 



Chap. 20 ^N Act making an appropriation for the Massachusetts school 

FOR THE FEEBLE-MINDED. 

Be it enacted, etc., as follows: 

s^ctfooi^forthe Section 1. The suui of thirty-fivc thousaud dolki's is 
Feebleminded, hereby appropriated, to be paid out of the treasury of the 
Commonwealth from the ordinary revenue, to the ]\Iassa- 
chusetts School for the Feeble-minded, as provided for by 
chapter sixty-six of the resolves of the year eighteen hun- 
dred and ninety-eight. 

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

Approved January 25, 1900, 



Acts, 1900. — Chaps. 21, 22, 23. 



An Act making appropriations for the compensation anp ex- (JJictij^ 21 

PENSES OF THE BALLOT LAW COMMISSION. 

Be it enacted., etc. , as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriutiona. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the compensation of the ballot law commission, a Baiiotiaw 
sum not exceeding niteen hundred dollars. 

For expenses of the ballot law commission, a sum not Expenses. 
exceeding five hundred dollars. 

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

Apiwoved Jamiary 25, 1900. 

An Act making ajn appropriation for the Massachusetts state Qlinvy 92 
firemen's association. 

Be it enacted, etc., as follows. • 

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

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

Approved Jamiary 25, 1900. 



Chap. 23 



An Act making appropriations for the salaries and expenses 
OF the district police. 

Be it enacted, etc., asfolloivs: 

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, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

For the salary of the chief of the district police, a sum chief of district 
not exceeding twenty-five hundred dollars. poice. 

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. 



16 



Acts, 1900. — Chaps. 24, 25. 



Clerk in boiler 
inspection de- 
partment. 

Members of dis- 
trict police. 

Travelling 
expenses. 



Incidental 
expenses, etc. 



Expenses of 
steamer Lex- 
ington. 



For the salary of the clerk in the boiler inspection 
department of the district police, six hundred dollars. 

For the compensation of the members of the district 
police, a sum not exceeding seventy-one thousand dollars. 

For travelling expenses of the members of the district 
police, a sum not exceeding twenty-three thousand three 
hundred dollars. 

For incidental and contingent expenses of the chief and 
members of the district police, a sum not exceeding two 
thousand dollars. 

For running expenses of the steamer Lexington to be 
used under the charge of the chief of the district police 
for the enforcement of the fish laws, a sum not exceeding 
eight thousand dollars. 

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

Approved January 25, 1900. 



Chap. 24 A^ Ac 



Appropriations. 



Reformatory 
prison for 
women. 



Expenses. 



Sewage dis- 
posal. 



T MAKING APPROPRIATIONS FOR S.VLARIES AND EXPENSES AT 
THE REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc. , as foUoivs : 

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, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, 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 expense 
of maintaining and operating the system of sewage dis- 
posal at the reformatory prison for women, the sum of six 
hundred dollars. 

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

Approved January 25, 1900. 



Chan. 25 ^^ ^^'^ making appropriations for the expenses of THE COM- 
MISSIONERS OF THE MASSACHUSETTS NAUTICAL TRAINING SCHOOL. 

Be it enacted, etc., as folloios: 

Appropriations. SECTION 1. Tlic sums hereinafter mentioned ai'C appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 



Acts, 1900. — Chap. 26. 17 

the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

For the [)aynient of current expenses of the Massachu- Nautical train- 
setts nautical training school, a sum not exceeding fifty 
thousand dollars. 

For the necessary expenses of the commissioners of the Expenses of 

-\T I ji • 1 J • • 11 '11 1 commiSBionerB. 

Massachusetts nautical training school, to include salary 
of the secretary, clerical services, printing, stationery and 
other contingent expenses, a sum not exceeding five thou- 
sand dollars. 

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

Ajjproved January 25 ^ 1900. 

An Act making appropriations for salaries and expenses in r<hfir) 2G 

THE judicial DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

Section 1 . The sums hereinafter mentioned are appro- Appropriatious. 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes sj)ecitied, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

SUPREME JUDICIAL COURT. 

For travelling expenses of the chief iustice of the supreme supreme judi. 

T . 1 J i« 1 1 1 1 II cial court, chief 

judicial court, nve hundred dollars. justice. 

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

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

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

• 1 J /» 1 1 1 1 II ance to clerk. 

cial court, fave hundred dollars. 

For clerical assistance to the justices of the supreme judi- clerical assist. 
cial court, a sum not exceeding twenty-five hundred 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 supreme Reporter of 
judicial court, four thousand dollars ; and for clerk hire 
and incidental expenses of said reporter, a sum not exceed- 
ing two thousand dollars. 

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

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



18 



Acts, 1900. — Chap. 26. 



SUPERIOR COURT. 



Superior court, 
chief justice. 

AsBOciate 
juBticea. 



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

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



Probate and 
inBolvency 
judges, Suffolk. 



Worcester. 



Bristol, 

Plymouth. 

Berkshire. 

Hampden. 

Hampshire. 

Franklin. 

Barnstable. 

Nantucket. 

Dukes County. 



Acting in other 
counties. 



COURTS OF PROBATE AND INSOLVENCY. 

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

For the salaries of the two judges of probate and insol- 
vency for the county of Middlesex, forty-five hundred dol- 
lars each. 

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

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

For the salary of the judge of probate and insolvenc}^ 
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. 



Acts, 1900. — Chap. 26. 19 

For the salary of the register of probate and insolvency ReKister, 
for the county of Suffolk, tive thousand dollars. 

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

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

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

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

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

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

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

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 insolvency Berkshire. 
for the county of Berkshire, eighteen hundred dollars. 

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

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

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

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

For the salary of the assistant register of probate and ^rfau^goik.^'^" 
insolvency for the count}- of Suffolk, twenty-eight hun- 
dred dollars. 

For the salary of the assistant register of probate and M^'d'esex. 
insolvency for the county of Middlesex, two thousand 
eighty-three dollars and thirty-four cents. 

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

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

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



20 



Acts, 1900. — Chap. 26. 



Hampden. 



Hampshire. 



Clerk, Suffolk. 



Clerical aBsi st- 
ance, Suffolk 



Middlesex. 



Hampden. 



Essex. 



Bristol. 



Worcester. 



Plymouth. 



In the several 
counties except 
Hampshire aud 
Suffolk. 



Expenses. 



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

For the salary of the assistant register of probate and 
insolvency for the county of Hampshire, six hundred 
dollars. 

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

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

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

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

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

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

For extra clerical assistance to the register of probate 
and insolvency for the county of Worcester, a sum not 
exceeding 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 Commonwealth, 
excepting Hampshire and Suffolk counties, a sum not ex- 
ceeding eighty-four hundred sixty-six dollars and sixty- 
seven cents. 

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



District attor- 
ney, Suffolk. 

First assistant. 



Second 
assistant. 



DISTRICT ATTORNEYS. 

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

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

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



Acts, 1900. — Chap. 27. 21 

For the salary of the dork of the district attorney for ciork. 
the Sutiblk district, ciirhteen hundred dollars. 

For the salary of the district attorney for the northern District attor. 

'' , 11111 ^'iy< northern 

district, twenty-iour liundred dollars. district. 

For the salary of the assistant district attorney for the ABsistaut. 
northern district, tifteen hundred doHars. 

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

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

For the salary of the district attorney for the south- ^°"t*|',^;;)'''^'^° 
eastern district, twenty-four hundred dollars. 

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

For the salary of the district attorney for the southern l^^^^^"" 
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 ^yj^^j®™ 
district, twenty-one hundred dollars. 

For the salary of the district attorney for the north- ^^"[^'J.^^**^''" 
western district, thirteen hundred and fifty dollars. 

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

Approved January 25, 1900. 

An Act making appropriations for salaries and expenses in (Jfiap. 27 

THE DEPARTMENT OF THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., asfoUoios: 

Section 1. The suras 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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the salary of the secretary of the Commonwealth, secretary of the 

^ •' Commonwealth. 

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 cw^f^of 
the secretary's department, two thousand dollars. division. 



22 



Acts, 1900. — Chap. 28. 



Cashier. 



Extra clerks 
and meseeD' 
gers. 



Expenses. 



Arrangement of 
records, etc. 



Postage, etc. 



Purchase of 
histories. 



Ballot boxes. 



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

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

For incidental and contingent expenses in the secre- 
tary's department, a sum not exceeding thirty-five hun- 
dred dollars. 

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

For postage and expressage on documents to members 
of the general court, and for transportation of documents 
to free public libraries, a sum not exceeding twenty-nine 
hundred dollars. 

For the purchase of histories of regiments, batteries or 
other military organizations of Massachusetts volunteers 
who served in the civil war, a sum not exceeding two 
thousand dollars. 

For furnishing 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 effect upon its passage. 

Approved January 25, 1900. 



GhClJ). 28 -^^ ■^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE OFFICE OF THE CONTROLLER OF COUNTY ACCOUNTS. 

Be it enacted, etc. , as foUoios : 
Appropriations. Section 1. The 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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

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

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

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

For the salary of the third deputy controller of county 
accounts, one thousand dollars. 

For travelling and office expenses of the controller of 
county accounts and his deputies, a sum not exceeding 
twelve hundred dollars. 

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

Approved January 25, 1900. 



Controller of 

county 

accounts. 

First deputy. 



Second deputj'. 



Third deputy. 



Expenses. 



Acts, 1900. — Chaps. 29, 30, 31. 23 



An Act making ArpuoPRiATiONS kor the salaries and expenses (JJinj) 90 

OF THE INSPECTORS OF GAS METERS. 

Be it enacted^ etc., asfolloivs: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealtli from the ordinary revenue, for the purposes 
specified, for tlie year ending on the thirty-first day of 
December in tlie year nineteen hundred, to wit : — 

For the salary of the inspector of gas meters, twenty- inspector of 

£ , J , , I, '■ ^ gas meters. 

live hundred dolhirs. 

For the sahiry 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 exceed- 
ing six hundred and fifty dollars. 

For such additional apparatus as the inspector of gas Additional 

ii \. . ^ '- apparatus. 

meters may nnd necessary, a sum not exceeding two hun- 
dred and fifty dollars. 

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

Approved January 25, 1900. 

An Act making an appropriation for the payment of certain nfidjy^ 3Q 

EXPENSES IN protecting THE PURITY OF INLAND WATERS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding thirty thousand dol- ^SltTetc. 
lars is hereby appropriated, to be paid out of the treasury 
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 protecting the purity of inland waters during the year 
nineteen hundred. 

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

Aiiproved Jamiary 25, 1900. 



APPROPRIATIONS FOR SUNDRY AGRICULTURAL (JJidj)^ 31 



An Act making 

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

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



24 



Acts, 1900. — Chap. 31. 



Board of agri- 
culture, 
secretary, etc. 



First clerk. 



Second clerk. 



Clerical 
assistance. 



Travelling 
expenses, etc. 



Incidental 
expenses, etc. 



Expenses of 
secretary. 



Farmers' 
institutes. 



Bounties. 



Experiment 
station. 



Agricultural 
college, scholar- 
ships. 



Labor fund, etc. 



Expenses of 
trustees. 



monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the salary of the secretary of the state board of 
agriculture and executive officer of the state dairy bureau, 
three thousand dollars. 

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

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

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

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

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

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

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

For bounties to agricultural societies, a sum not exceed- 
ing nineteen thousand eight hundred dollars. 

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

For the Massachusetts Agricultural College for the pur- 
pose of providing eighty free scholarships, the sum of 
ten thousand dollars. 

For the Massachusetts Agricultural College, the sum 
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 
trustees of the Massachuset^ Agricultural College, a sum 
not exceeding eight hundred dollars. 



Acts, 1900. — Chap. 32. 25 

For the saliiiy of an assistant to the secretary of tlie Assistant to 
state board of agriculture, to assist in the work of the board oTagri. 
state dairy bureau, twelve hundred dollars. culture. 

For assistants, experts, chemists, agents, and other Experts, 
necessary expenses of the state dairy bureau, a sum not 
exceeding seven thousand dollars. 

For purchasino' nails or spikes to be driven into certain Preservation of 

/* • • T trees 

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 expense of collecting and analyzing Collecting, etc., 

,»' i • ^ /• 1 /T"" samples or coii- 

samples ot concentrated commercial feed stuiis, as pro- centrated com- 
vided for by chapter one hundred and seventeen of the stuffs. 
acts of the year eighteen hundred and ninety-seven, 
twelve hundred dollars. 

For a maintenance fund for the veterinary laboratory veterinary 
at the Massachusetts Agricultural College, the sum of one 
thousand dollars. 

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

Approved January 25, 1900. 

An Act makixg appropriations for salaries and expenses in (JJiap. 32 

THE OFFICE OF THE STATE BOARD OF HEALTH. 

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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the salary of the secretary of the state board of ^eaitii^""'^'' °^ 
health, three thousand dollars. secretary. 

For the general work of the state board of health, Expenses. 
including all necessary travelling expenses, a sum not 
exceeding twenty thousand dollars. 

For salaries and expenses in connection with the inspec- inspection of 
tion of milk, food and drugs, a sum not exceeding eleven drugs. 
thousand five hundred dollars. 

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

Approved January 25, 1900. 



26 Acts, 1900. — Chaps. 33, 34, 35. 



ChClV. 33 -^^ ■^*-'^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 
OF THE STATE BOARD OF ARBITRATION AND CONCILIATION. 

Be it enacted, etc., asfolloivs: 

Appropriations. SECTION 1. The sum8 hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

Board of arbi- For the Salaries of the members of the state board of 

raion.ec. arbitration and conciliation, six thousand dollars. 

Clerk. For the salary of the clerk of the state board of arbi- 

tration and conciliation, twelve hundred dollars. 

Kxpenses. j^or travelling, incidental and contingent expenses of 

the state board of arbitration and conciliation, a sum 

not exceeding thirty-two hundred and fifty dollars, which 

shall include the compensation of expert assistants. 

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

Approved January 25, 1900. 



OhaV 34 ^ ^^^ MAKING AN APPROPRIATION FOR CERTAIN ALTERATIONS AND 
ADDITIONS AT THE ASYLUM FOR INSANE CRIMINALS AT THE STATE 
FARM. 

Be it enacted, etc., asfolloivs: 
State farm. SECTION 1 . The sum of twenty-cight thousand dollars 

is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, to be 
expended at the state farm under the direction of the 
trustees and superintendent thereof, for such alterations 
of and additions to the asylum for harmless pauper insane 
men as will provide not less than one hundred and forty 
strong rooms for insane criminals, as provided for by 
chapter sixty-six of the resolves of the year eighteen hun- 
dred and ninety-nine. 

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

Approved February 2, 1900. 

ChctV. 35 -^ ^^^ MAiaNG AN APPROPRIATION FOR THE SALARY OF THE 

ASSAYER AND INSPECTOR OF LIQUORS. 



Be it enacted, etc., asfolloivs: 

Section 1. The sum ( 
hereby appropriated, to be 
the Commonwealth from the ordinary revenue, for the 



ABRayerand Section 1. The sum of twclvc hundred dollars is 

liquors. hereby appropriated, to be paid out of the treasury of 



Acts, 1900. — Chaps. 36, 87. 27 

salary of the assayer and inspector of liquors for the year 
ending on the thirty-first da}^ of December in the year 
nineteen hundred. 

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

Approved February 2, 1900. 

An Act making ApruopRiAxiONS for the payment of state and nhr/y^ '\(\ 

MILITARY AID AND EXPENSES IN CONNECTION THEREWITH. ^ 

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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For reimbursement to cities and towns for money paid ^'.^h®^"^ ., 

.7 1 inihtary aid. 

on account of state and military aid to Massachusetts 
volunteers and their families, a sum not exceeding seven 
hundred fifty-seven thousand six hundred dollars, the 
same to be paid on or before the first day of December 
in the year nineteen hundred. 

For the salary of the commissioner of state aid ap- commissioner 
pointed by the governor and council, twenty-five hundred "^^'""^ '*"^- 
dollars. 

For clerical assistance, salaries and expenses of agents, clerical 
and other expenses of the commissioners of state aid, =**"^^''°°^' ® •=• 
a sum not exceeding eight thousand nine hundred dol- 
lars. 

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

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

Approved February 2, 1900. 

An Act making appropriations for the salary and expenses nTidj) 37 

OF THE COMMISSIONER OF PUBLIC RECORDS. 

Be it enacted, etc., as follows : 

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

For the salary of the commissioner of public records, commissioner 
twenty-five hundred dollars. reco^da!" 



28 



Acts, 1900. — Chap. 38. 



Expenses. 



Purchase of 
record inks. 



For travelling, clerical and other necessary expenses of 
the commissioner of public records, a sum not exceeding 
nineteen hundred and ninety dollars. 

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

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

Approved February 2, 1900. 



Chan. 38 ^"^ ^^'^ making appropriations for printing and binding pub- 
lic DOCUMENTS, THE PURCHASE OF PAPER AND PUBLISHING 



Appropriations. 



Public 
documents. 

Pamphlet 
edition, acts and 
resolves. 



Blue book. 



Publication of 
laws, etc. 



Decisions of 
supreme 
judicial court. 

Purchase of 
paper. 



AsBessors' 
books, etc. 

Registration 
books, etc. 



Printing, etc. 
ballots. 



Blank forms, 
etc. 



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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For printing and binding the series of public docu- 
ments, a sum not exceeding sixty thousand dollars. 

For printing the pamphlet edition of the acts and 
resolves of the present year, a sum not exceeding four 
thousand dollars. 

For printing and binding the blue book edition of the 
acts and resolv^es of the present year, a sum not exceed- 
ing 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 
thousand dollars. 

For printing and distributing ballots, a sum not exceed- 
ing ten thousand dollars. 

For blank forms for town officers, election laws and in- 
structions on all matters relating to elections, and expense 
of advertising the state ticket, a sum not exceeding three 
thousand dollars. • 



Acts, 1900. — Chaps. 39, 40. 29 

For furnishing blanks to registrars of voters, a sum not Bii'nUs, etc. 
exceeding five hundred doHars. 

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

Approved February 2, 1900. 



An Act makinci ax ai'propriation fou the iiakbok impkovk- 
ment loan sinking fund. 



'- Chap. 39 



Be it enacted, etc., as foUoivs : 

Section 1. The sum of fifty-two hundred fifty dollars Harbor 
and twenty-four cents is hereby appropriated, to be paid i!oan°^*""*'" 
out of the treasury of the Commonwealth from the ordi- sinking Fund. 
nary revenue, for the Harbor Improvement Loan Sinking 
I und, as provided for by section two of chapter five hun- 
dred and thirteen of the acts of the year eighteen hundred 
and ninety-seven, said sum being the estimate of the 
treasurer and receiver general. 

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

Approved February 2, 1900. 



Chap. 40 



An Act making appropriations for salaries and expenses in 
the office of the commissioners of prisons, and for sun- 
dry reformatory expenses. 

Be it enacted, etc., as folloios : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth fi'om the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the salary of the secretary of the commissioners commissioners 
of prisons, twenty-five hundred dollars. llcret&^y.' 

For clerical assistance in the oflice of the commission- clerical assist- 
ers of prisons, a sum not exceeding twenty-eight hundred ''°''*'" 
dollars. 

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

For travelling expenses of the commissioners of prisons, Travelling 
and of the secretary and agents of said commissioners, a ^''P'^"^®"- 
sum not exceeding three thousand dollars. 

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

For the salary of the agent for aiding discharged female Agent for aid. 
prisoners, a sum not exceeding one thousand dollars. ^um^i^lrlsot 



30 



Acts, 1900. — Chap. 41. 



Expenses. 



Aiding prison- 
ers discliarged 
from reforma- 
tory. 

Aiding prison- 
ers discharged 
from state 
prison. 
Removal of 
prisoners. 



For the expenses of the agent for aiding discharged 
female prisoners, including assistance rendered to said 
prisoners, a sum not exceeding three thousand dollars. 

For aiding prisoners discharged from the Massachusetts 
reformatory, a sum not exceeding five thousand dollars. 

For 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 February 2, 1900. 



ChaV. 41 '^^ ■^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 



Appropriations, 



Bureau of sta- 
tistics, chief. 



Second clerk. 



Special agents. 



Clerical assist- 
ance, etc. 



Statistics of 
manufactures. 



Rent of addi- 
tional rooms, 
etc. 



Expenses of 
special census. 



THE BUREAU OF STATISTICS OF LABOR. 

Be it enacted, etc., asfolloivs: 

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, for 
the year ending on the thirty-fir.st day of December in the 
year nineteen hundred, 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 sta- 
tistics 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 
expenses of the bureau of statistics of labor as may be 
necessary, a sum not exceeding thirteen thousand eight 
hundred 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 seven hundred sixty-two dollars and fifty 
cents. 

For expenses in connection with taking a special census 
in towns having an increased resident population during 



Acts, 1900. — Chaps. 42, 43. 31 

the summer months, a sum not exceeding four hundred 
and liftv dollars. 

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

Approved February 2, 1900. 

An Act making appropriations for the salaries and expenses HJ^ru^ A.9 

OF THE GAS and ELECTRIC LIGHT COMMISSIONERS. 

Be it ejiacted, 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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the salaries of the gas and electric light commis- Gas and eiecuic 
1 .1 1 111 light commis- 

sioners, eleven thousand dollars. sioners. 

For clerical assistance to the gas and electric light Clerical assist. 

• ■ &UC6 

commissioners, a sum not exceeding thirty-five hundred 
dollars. 

For statistics, books, stationery, and for the necessary Expenses. 
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 February 2, 1900. 

An Act making an appropriation for the metropolitan parks nhf/^^ 43 

LOAN SINKING FUND. ^ 

Be it enacted, etc., as follows : 

Section 1. The sum of eighteen thousand eighty-one Metropolitan 
dollars and thirty-one cents is hereby appropriated, to be sfnkiugF'und. 
paid out of the treasury of the Commonwealth from the 
ordinary revenue, for the Metropolitan Parks Loan Sink- 
ing Fund, toward retiring the scrip known as series two, 
issued in accordance with chapter two hundred and eighty- 
eight of the acts of the year eighteen hundred and ninety- 
four, said sum being the estimate of the treasurer and 
receiver general. 

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

Approved February 2, 1900. 



32 Acts, 1900. — Chaps. 44, 45, 46. 



Chap. 44 ^^ ^^'^ MAKING AN APPROPRIATION FOR THE EXPENSE OF ENFORC- 
ING THE LAW TO REGULATE THE PRACTICE OF PHARMACY. 

Be it enacted^ etc., asfolloivs: 

Eufoicing Section 1. The sum of fifty-five hundred dollars is 

practice of hereby appropriated, to be paid out of the treasury of 

phaimacy. ^j^^ Commoiiwealtli from the ordinary revenue, for the 

purpose of enforcing the law to regulate the practice of 

pharmacy during the year ending on the thirty-first day 

of December in the year nineteen hundred. 

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

Approved February 2, 1900. 

Chaj), 45 -^^ ^*^^ MAKING AN APPROPRIATION FOR THE MASSACHUSETTS WAR 

LOAN SINIvING FUND. 

Be it enacted, etc., as foUoius : 
Maesachusetts Section 1. The sum of twentv-onc thousand nine 

War Loan Sink- , , , . t n i <• • i 

ingPund. hundred twenty-two dollars and lorty-eight cents is 

hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for 
the Massachusetts War Loan Sinking Fund, as pro- 
vided for by section eight of chapter five hundred and 
sixty-one of the acts of the year eighteen hundred and 
ninety-eight, said sum being the estimate of the treasurer 
and receiver general. 

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

Approved February 2, 1900. 

GhciV- 46 ■^'^ -^^^ MAKING AN APPROPRIATION FOR THE STATE HOUSE LOANS 

SINKING FUND. 

Be it enacted, etc., as follows: 
State House Section 1. Tlic sum of ouc hundred twcuty-six thou- 

Loans Sinking inn' iii i f» 

Fund. sand three hundred sixty-seven dollars and twenty-five 

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. 

Approved February 2, 1900. 



Acts, 1900. — Chap. 47. 33 



An Act making appkopriations for salaries and expenses in Qfinn 47 

THE department OK THE ADJUTANT GENERAL, AND FOR SUN- 
DRY OTHER MILITARY 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- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen lumdred, to wit : — 

For the sahiry of the adjutant general, thirty-six hun- Adjutant gen. 
dred dollars. 

For the salary of the first clerk in the adjutant general's First cierk. 
department, tw^enty-two hundred dollars. 

For the salary of the second clerk in the adjutant gen- second cierk. 
eral's department, sixteen hundred dollars. 

For the salary of an additional clerk in the adjutant Additional 
general's department, two thousand dollars. 

For the salaries of the two extra clerks in the adjutant Extra clerks. 
general's department, twelve hundred dollars each. 

For the salary of the messenger in the adjutant gen- Messenger. 
eral's department, eight hundred dollars. 

For such additional clerical assistance as the adjutant clerical assist. 
general may deem necessary, and for compensation of 
employees at the state arsenal, a sum not exceeding sixty- 
three hundred dollars. 

For compensation of officers and men of the volunteer Miiitia compen. 
militia, a sum not exceeding one hundred and forty-six 
thousand eight hundred dollars. 

For transportation of officers and men of the volunteer Transportation. 
militia, when on military duty, a sum not exceeding nine- 
teen thousand dollars. 

For incidental and contingent expenses in the adjutant Expenses. 
general's department, a sum not exceeding four thousand 
dollars. 

For rent of brigade and battalion headquarters and com- Rent of 
pany armories, a sum not exceeding thirty-eight thousand 
five hundred dollars. 

For quartermasters' supplies, a sum not exceeding fif~ ^.r8.''t^i,'p""feB. 
teen thousand dollars. 

For incidental and contingent expenses of the quarter- Expenses. 
master general's department, a sum not exceeding five 
thousand dollars. 



34 



Acts, 1900. — Chap. 47. 



Camp ground. 



Military ac- 
counts. 



Care of ar- 
mories, etc. 



Janitors. 
Clotliing. 
Rifle practice. 



Burgeon gen- 
eral. 



Medical sup- 
plies. 



Care, etc., of 
U. B. steamer 
Minnesota. 



Equipment for 
first regiment of 
heavy artillery. 



Sale of grass at 
camp ground, 
etc. 



For grading and care of the camp ground of the Com- 
monwealth at Framingham, a sum not exceeding one 
thousand dollars. 

For expenses in connection with military accounts, not 
otherwise provided for, a sum not exceeding four thou- 
sand dollars. 

For heating, lighting, furnishing and caring for the 
armories recently erected in certain cities of the Com- 
monwealth for the use of the volunteer militia, a sum not 
exceeding twenty-two thousand dollars. 

For services of janitors of certain armories, a sum not 
exceeding seven thousand dollars. 

For alloM^ance and repairs of clothing of the volunteer 
militia, a sum not exceeding nine thousand dollars. 

For expenses in connection with the rifle practice of 
the volunteer militia, a sum not exceeding fifteen thousand 
dollars. 

For the salary of the surgeon general, twelve hundred 
dollars. 

For medical supplies for the use of the volunteer mili- 
tia, and for incidental and contingent expenses of the 
surgeon general, a sum not exceeding two thousand 
dollars. 

For furnishing, repairing and caring for the United 
States steamer Minnesota, loaned to the Commonwealth 
and used as an armory for the naval militia, a sum not 
exceeding four thousand dollars. 

For the purchase of equipment for the use of the first 
regiment of heavy artillery, as authorized by chapter 
fifty-six of the resolves of the year eighteen hundred and 
ninety-eight, a sum not exceeding three thousand dollars, 
being a re-appropriation, the same having reverted to the 
treasury in accordance with section thirty of chapter six- 
teen of the Public Statutes. 

Any sums of money received under the provisions of 
section eighty-seven of chapter three hundred and sixty- 
seven of the acts of the year eighteen hundred and ninety- 
three, and any sums received from the sale of grass at 
the camp ground at Framingham during the year nineteen 
hundred, may be expended by the quartermaster general 
during the present year, under the direction of the gov- 
ernor and council, for the construction and repair of 
buildings and other structures. 

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

Ajjproved February 2, 1900. 



Acts, 1900. — Chaps. 48, 49. 35 



An Act making appropriations for salaries and kxpensks at (JJiqj)^ 43 
the massachusetts reformatory. 

Be it enacted^ etc. , as follows : 

Section 1, The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on tlie thirty-first day of 
December in the year nineteen liundred, to wit : — 

For the salaries of officers at the Massachusetts re- Massacimsotts 
formatory, a sum not exceeding eighty-two thousand offlcenT.""^^' 
dollars. 

For salaries and wages of instructors, teachers and [euche?8°etc. 
other employees at the Massachusetts reformatory, a sum 
not exceeding twenty-four thousand nine hundred dollars. 

For other current expenses at the Massachusetts re- Expenses. 
formatory, a sum not exceeding one hundred and nine 
thousand seven hundred dollars. 

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

Apjyrovecl February 2, 1900. 

An Act making appropriations for sundry miscellaneous f^l^nfi 40 

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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the payment of unclaimed moneys in the hands of J^ongy^l'n 
receivers of certain insolvent corporations, after the same handset 
have been deposited in the treasury of the Common- 
wealth, 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 ad^n^istratorn. 
received from public administrators, a sum not exceeding 
four thousand dollars. 

For medical examiners' fees, a sum not exceeding five Medical ex. 

hundred dollars. ^ un^iuers- fees. 

For expenses incurred in the construction and repair construction, 

r, 1 . iT , I. -\ r ^ t ' ,i 'ij. etc., of roads 

01 roads m the town 01 Mashpee during the year eight- inMashpee. 
een hundred and ninety-nine, the sura of three hundred 
dollars. 



36 



Acts, 1900. — Chap. 49. 



Beach Point 
road. 



City of 
Waltham. 



Sarah J. 
Robinson. 



Probation 
officers. 



Small items of 
expenditure. 



Lyman and in- 
dustrial schools 



Military 
museum. 



Publication of 
opinions of at- 
torney-general. 



Reports of 
capital trials. 



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 toward maintaining and 
operating a system of sewage disposal at the Massachu- 
setts School for the Feeble-minded, the sum of eight hun- 
dred twenty dollars and eighty-nine cents, as provided 
for in section three of chapter eighty -three of the acts of 
the year eighteen hundred and ninety-three. 

For the support of Sarah J. Robinson, a prisoner in 
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- 
six of the acts of the year eighteen hundred and ninety-one, 
a sum not exceeding six hundred dollars. 

For small items of expenditure for which no appropria- 
tions have been made, and for cases in which the appro- 
priation has been exhausted or has reverted to the treasury 
of the Commonwealth in previous years, a sum not ex- 
ceeding 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 the expense of 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. 

For the publication of the opinions of the attorney- 
general, as authorized by chapter ninety-five of the re- 
solves of the year eighteen hundred and ninety-eight, a 
sum not exceeding tw^o thousand dollars, being a re-ap- 
propriation, the same having reverted to the treasury in 
accordance with section thirty of chapter sixteen of the 
Public Statutes. 

For printing reports of capital trials, under the direc- 
tion of the attorney-general, a sum not exceeding fifteen 
hundred dollars. 

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

Approved February 2, 1900. 



Acts, 1900. — Chaps. 50, 51. 37 



Ax Act relative to the estaijtjsiiment of the internationai, QJid^p^ 5Q 

INSTITUTE FOR GIRLS IN SPAIN. 

Be it enacted, etc., asfoUoios: 

Section 1. The International Institute for Girls in Education of 
Spain, a corporation organized under the general laws ^"■*'° p'"°- 
of this Commonwealth, is hereby authorized to establish 
and maintain an institution for the education of girls, at 
any place in Spain which its board of directors may 
determine. 

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

Approved February 5, 1900. 

An Act to incorporate the crompton and knowles loom (JJidn, 51 

WORKS. 

Be it enacted, etc., asfollotvs: 

Section 1. Charles H. Hutchins, George Crompton, cromptonand 
Frank P. Knowles and Eandolph Crompton, their asso- Loom works 
ciates and successors, are hereby made a corporation by incorporated. 
the name of the Crompton and Knowles Loom Works, 
for the purpose of acquiring the property of the Cromp- 
ton and Knowles Loom Works, a corporation organized 
under the laws of the state of Rhode Island, and of manu- 
facturing, liuying and selling textiles, textile and other 
machinery ; and for this purpose shall have all the powers 
and privileges and be subject to all the duties, restrictions 
and liabilities set forth in all general laws which are now 
or may hereafter be in force relating to such corporations, 
except as herein otherwise expressly provided. 

Section 2. The capital stock of said corporation shall capuai stock. 
be three million dollars, and said corporation shall not 
transact any business until the full amount of capital has 
been paid in. 

Section 3. The capital stock of said corporation shall ^o^^^"a'^gfoc'|j 
be divided into seven thousand five hundred shares of 
preferred stock and twenty-two thousand five hundred 
shares of common stock, the par value of both classes of 
stock to be one hundred dollars for each share. 

Section 4. The holders of said preferred stock snail ""'g^^^^j'Jo 
be entitled to receive out of the net profits of the corpo- be entitled to 
ration dividends at the rate of eight per cent per annum privileges, etc'. 
before any dividends are paid upon the common stock ; 
said dividends on the preferred stock to be cumulative, 



38 Acts, 1900. — Chap. 52. 

but without interest on deferred payments. Holders of 
said preferred stock shall be entitled to all the privileges 
of common stockholders, except the right to vote upon 
said preferred stock. 
In case of die. SECTION 5. In casc of the dissolution or termination 

Bolution to be . iiii /> /» 

entitled to cer- oi Said corporatioii the holders of preferred stock shall 

^ampaymens, ^^ entitled to pajmciit of the par value of their shares, 

together with dividends due upon the same, before any 

payments are made to the holders of common stock. 

Section 4 to be Section 6. Each Certificate of the preferred stock 

printed on cer- ini • i •/» •/• ^i- 

tificates. shall liave printed upon its lace section four or this act. 

Section 7. This act shall take effect upon its passage. 

Approved February 3, 1900. 

ChaV. 52 -^ ^^'^ ^® BETTER DEI-TNE THE LliHTS OF THE MIDDLEBOROUGH 

FIRE DISTRICT. 

Be it enacted, etc. , as foUoivs : 
Limits of Mid- Section 1. For the purpose of better defining: the 

dleborougn Fire ,. . /..i -nr-iiii i -r\' x-w • i i i 

District defined, limits ot the Middle boi'ough l<ire District the bounds of 
said district are hereby re-established so as to include 
territory lying within the following bounds, to wit: — 
Beginning at a stone bound on the northerly side of the 
I^eraasket river, a corner of the towns of Middleborough 
and Lakeville, thence in said town line, north, thirty-two 
degrees forty-six minutes west, nine hundred and forty- 
eight feet to a stone bound marking an angle in said town 
line ; thence in said town line, north, fifty degrees ten 
minutes west, three thousand four hundred and seventy- 
two feet to a stone bound on the northerly side line of 
the land occupied by the New York, New Haven and 
Hartford Eailroad Compan}'-, lessees, known as the Fall 
River branch ; thence north, two degrees forty-nine min- 
utes west, six thousand eight hundred and six feet to a 
stone bound on the easterly side of Cross street, the 
westerly corner of a lot of land owned by George S. 
Clark and Elmer B. Cole, known as the Morton lot ; 
thence north, sixty degrees one minute east, four thou- 
sand seven hundred and sixty-six feet to a stone bound 
on the northeasterly side of Everett street, a short dis- 
tance northerly from the house owned by Jennie L. Bax- 
ter, a corner of lands owned by George R. Sampson and 
Job Braley ; thence in the line between said Sampson and 
Braley, north, eighty-seven degrees thirty minutes east, 



Acts, 1900. — Chap. 53. 39 

six hundred and fifty feet to a stone bound ; thence in the LimitB of Mid. 
same course to the centre of the channel of the Neniasket uurrkt^lfeiiued! 
river ; thence up stream in the centre of the channel of 
said river to a point marking its intersection with the 
centre of the channel of a brook which crosses the north- 
easterly part of the farm and homestead of George H. 
Place ; thence up stream in the centre of the channel of 
said brook to a stone bound on the northerly side of East 
Main street; thence south, five degrees fourteen minutes 
west, six thousand three hundred and eighty-four feet to 
a stone bound on the northerly corner of the intersection 
of Wood and Wareham streets ; thence south, seventy- 
four degrees twenty-one minutes west, two thousand 
seven hundred and forty-nine feet to a stone bound on 
the northwesterly side of Wood street, a corner of lands 
of Edward S. Hathaway and John W. Tinkham ; thence 
north, seventy-one degrees three minutes west, one thou- 
sand one hundred and twenty-seven feet to the centre of 
a gate on the line of the water pipe running from Grove 
street to the Middleborough almshouse ; thence north, 
sixtj^-two degrees nineteen minutes west, one thousand 
four hundred and thirty-two feet to a stone bound near the 
said Nemasket river ; thence south, seventy-six degrees 
forty-four minutes west, two thousand three hundred and 
seventy feet to the stone bound first mentioned. The 
points of compass given above are magnetic, and are 
twelve degrees eight minutes west of true north. 

Section 2. This act shall take effect upon its accept- when to take 
ance by a majority of the qualified voters of the town of 
Middleborough present and voting at any legal town meet- 
ing duly called for the purpose after the passage of this act. 

Approved February 8, 1900. 

An Act to authorize the city of taunton to incur indebted- QJidji, 53 

NESS FOR THE ERECTION OF A MEMORIAL TO ROBERT TREAT PAINE, 
AND TO GIVE LAND THEREFOR. 

Be it enacted, etc., as follows : 

Section 1. The city of Taunton, for the purpose of ?^d^^\"eXe8g, 
erecting a memorial to Robert Treat Paine, may incur issue bonds, etc. 
indebtedness to an amount, to be raised by taxation or 
loan, not exceeding five thousand dollars ; and for this 
purpose it may issue from time to time bonds, notes or 
scrip, not exceeding in the aggregate said amount, and 



40 Acts, 1900. — Chaps. 54, 55, 56. 

may give any land belonging to the city as a site for the 
memorial. 

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

Approved February 8, 1900. 

GJlCLJ). 54 ^^ ^^'^ MAKING AN APPROPRIATION FOR OPERATING THE CHARLES 

RIVER VALLEY SYSTEM OF SEWERAGE. 

Be it enacted^ etc., as folloios : 
Charles R^ver^ Section 1 . A sum not cxcccding forty-nine thousand 
of sewerage, dollars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, for 
the maintenance and operation of the system of sewage 
disposal for the cities of Boston, Newton and Waltham, 
and the towns of Watertown and Brookline, known as the 
Charles River Valley System, during the year ending on 
the thirty-first day of December in the year nineteen 
hundred. 

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

Approved February <9, 1900. 



Chap. 55 



An Act maiqng an appropriation for operating the neponset 

RIVER valley system OF SEWAGE DISPOSAL 

Be it enacted, etc., as follows: 

Neponset river Section 1. A sum not exceeding twenty-five thousand 
of eewage**"" dollars is hereby appropriated, to be paid out of the treas- 
disposai. ^^^.y Q^- ^j-^g Commonwealth from the ordinary revenue, for 

the maintenance and operation of the Neponset river val- 
ley system of sewage disposal, during the year ending on 
the thirty-first day of December in the year nineteen 
hundred. 

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

Approved February S, 1900. 



Chap. 56 



An Act making appropriations for salaries and expenses at 
the state prison. 



Be it enacted, etc., as follows: 

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

state prison. YoY the payment of salaries at the state prison, a sum 

not exceeding eighty thousand dollars. 



Acts, 1900. — Chaps. 57, 58. 41 

For other current expenses at the state prison, a sum Eipenses. 
not exceeding eighty-four thousand dollars. 

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

Approved February S, 1900. 

An Act making an appropriation for operating the north Qj^n^y nn 

METROPOLITAN SYSTEM OF SEWERAGE. -^ 

Be it enacted, etc., as follows: 

Section 1 . A sum not exceeding ninety-five thousand North Metro- 
dollars is hereby appropriated, to be paid out oi tlie ofcjeweruge. 
treasury of the Commonwealth from the ordinary revenue, 
for the maintenance and operation of the system of sew- 
age disposal for the cities of Boston, Cambridge, Somer- 
ville, Maiden, Chelsea, Woburn, Medford, Melrose and 
Everett, and the towns of Stoneham, Winchester, Arling- 
ton and Belmont, known as the North Metropolitan Sys- 
tem, during the year ending on the thirty-first day of 
December in the year nineteen hundred. 

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

Ap^proved February 8, 1900. 

An Act to authorize the city of taunton to incur indeht- (JJku)^ 58 
edness beyond the limit fixed by law, for sewerage pur- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton, for the purposes Taunton sewer 
mentioned in section one of chapter two hundred and 
nineteen of the acts of the year eighteen hundred and 
ninety-five and acts in addition thereto, may incur indebt- 
edness from time to time to an amount not exceeding four 
hundred thousand dollars beyond its debt limit, and may 
issue bonds, notes, scrip or certificates of debt therefor, to 
be denominated on the face thereof, Taunton Sewer Loan. 
Said bonds, notes, scrip or certificates of debt shall be 
payable within such period, not exceeding thirty years 
from the date thereof, and shall bear interest at such rate, 
as the city council of said city shall determine. Except p. s. 29, eic, to 
as herein otherwise provided the provisions of chapter "''^ ^ ' 
twenty-nine of the Public Statutes and of acts in amend- 
ment thereof and in addition thereto shall apply to the 
indebtedness hereby authorized and to the securities issued 
therefor. 

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

Approved February 13, 1900. 



42 



Acts, 1900. — Chaps. 59, 60. 



1889, 233, § 9, 
etc., amended. 



Newburyport 
Sfewer Loan, 
Act of 1889. 



Chap. 59 An Act to authorize the city of newbukyport to incur 

ADDITIONAL INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., asfolloivs: 

Section 1. SeGtion nine of chapter two hundred and 
thirty-three of the acts of the year eighteen hundred 
and eighty-nine, as amended by chapter two hundred 
and twenty-seven of the acts of the year eighteen hun- 
dred and ninety-six, is hereby further amended by strik- 
ing out the word " ten", in the sixth line, and inserting 
in place thereof the word : — eighty-five, — so as to read 
as follows : — /Section 9. The said city may, for the pur- 
poses of paying the necessary expenses and liabilities 
incurred under the provisions of this act, issue from time 
to time bonds, notes or scrip to an amount not exceeding 
in the aggregate one hundred and eighty-five thousand 
dollars beyond the limit of indebtedness fixed by law for 
said city. Such bonds, notes or scrip shall bear on the 
face thereof the words, Newburyport Sewer Loan, Act of 
1889, shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue and shall 
bear interest payable semi-annually at a rate not exceed- 
ing six per cent per annum ; but the provisions of chapter 
twenty-nine of the Public Statutes and of chapter one 
hundred and twenty-nine of the acts of the year eighteen 
hundred and eighty-four shall otherwise apply to the issue 
of such bonds, notes or scrip and to the establishment of 
a sinking fund for the payment thereof at maturity. 

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

Approved February 13, 1900. 



Chap. 60 An Act making appropriations for the salaries and expenses 

OF THE HARBOR AND LAND COMMISSIONERS. 

Be it enacted, etc., asfolloivs: 
Appropriations. SECTION 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the salaries of the harbor and land commissioners, 
eighty-seven hundred dollars. 

For compensation and expenses of the engineer, and 
for clerical and other assistance authorized by the harbor 



Harbor and land 
commiBBionerB. 



Clerical assist 
auce, etc. 



Acts, 1900. — Chaps. 61, 62. 43 

and land commissioners, a smn not exceeding fifteen 
thousand dollars. 

For travellinir and other necessary expenses of the har- Travelling 
bor and land commissioners, a sum not exceeding seven ^-^i'^'"*'^". e'c. 
hundred and fifty dollars. 

For incidental and contingent ofiice expenses of the omce expenses. 
harbor and land commissioners, a sum not exceeding 
twelve hundred dollars. 

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

Approved February 13, 1900. 

An Act relative to the issuance of stock bx the old colony QJiQ^p^ (j\ 

RAILROAD COMPANY. 

Be it enacted, etc., asfoUoivs: 

Section 1. The Old Colony Railroad Company is Theoidcoiony 
hereby authorized to issue the remainder of the stock p^n/may usue 
authorized by chapter two hundred and twenty-three of certainltoc*k. 
the acts of the year eighteen hundred and eighty-nine, 
chapter four hundred and thirty-three of the acts of the 
year eighteen hundred and ninety -two, and chapter one 
hundred and twenty-seven of the acts of the year eighteen 
hundred and ninety-three, for any lawful purpose, upon the 
approval of the board of railroad commissioners. 

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

Apiyroved February 13, 1900. 

An Act to authorize the town of natick to incur indebted- (JJk^jj^ (32 

NESS beyond the LIMIT FIXED BY LAAV, FOR SCHOOL PURPOSES. 

Be it enacted, etc. , as follows : 

Section 1. The town of Natick, for the purpose of |^^^b\Xess 
acquiring land for two new schoolhouses and for erecting beyond debt 

1 rt • • 1 1 1 J limit, issue 

and furnishing the same, may incur indebtedness to an bonds, etc. 
amount not exceeding fifty thousand dollars, and may from 
time to time issue negotiable bonds, notes or scrip therefor. 
Such bonds, notes or scrip shall be payable at the expira- 
tion of periods not exceeding thirty years from the date of 
issue, and shall bear interest at a rate not exceeding 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 private sale, or 
pledge the same for money borrowed for the purposes of 
this act, upon such terms and conditions as it may deem 



44 Acts, 1900.— Chap. 63. 

Provi8o. proper : provided, that such securities shall not be sold or 

pledged for less than the par value thereof with accrued 
interest. 

Jlckonedin SECTION 2. The indebtedness incurred under this act 

determining shall not bc rcckoncd in determining; the limit of indebted- 
ness of the town of Natick under the provisions of section 
four of chapter twenty-nine of the Public Statutes and acts 
in amendment thereof. 

TppiV^^' *''*'■' '° Section 3. Except as herein otherwise provided the 
provisions of chapter twenty-nine of the Public Statutes 
and 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 13, 1900. 

Chan. 63 -^^ ^'^'^ ^'^ AUTHOKIZE the town of AMHERST TO REFUND A POR- 
TION OF ITS DEBT. 

Be it enacted, etc., as foUoivs : 
Ambers^ Town Section 1. The town of Amlicrst, for the purpose of 
1900. ' refunding that portion of its indebtedness at present exist- 
ing as a town hall loan, may issue bonds to an amount not 
exceeding fifty thousand dollars, for the purpose of refund- 
ing an equal amount of said town hall bonds of said town, 
to be denominated, Amherst Town Hall Bonds, dated 
January 1, 1900, and issued in pursuance of a vote passed 
by the town on the sixth day of March in the year eighteen 
hundred and ninety-nine. The bonds issued under the 
provisions of this act shall be payable not more than twenty 
years from the date of issue and shall bear interest at a rate 
not exceeding four per cent per annum. They shall be 
signed by the selectmen and countersigned by the treasurer 
of the town and may be sold or negotiated at public or 
private sale, and the proceeds shall be used to refund the 
aforesaid indebtedness ; but no purchaser shall be responsi- 
ble for the application of the proceeds. 
p. 8. 29, etc., to Section 2. The provisions of chapter twenty-nine of 
the Public Statutes and of acts in amendment thereof 
and in addition thereto shall in all other respects, so far as 
applicable, apply to the indebtedness authorized by this 
act and the security issued hereunder. 

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

Approved February 13, 1900. 



Acts, 1900. — Chaps. 64, 65, 66, 67. 45 



An Act to provide for the protection ok mongolian, English p'/,^^ a a 

AND GOLDEN PHEASANTS. -^ ' 

Be it enacted,, etc., as follows: 

Whoever take.s or kill8, or ha8 in his possession, except Protection of 
for purposes of propagation, any Mongolian, English or English and 
golden pheasant, at any time within five years from the pheLtants. 
passage of this act, shall be punished by a tine of twenty 
dollars for every bird so taken, killed or had in possession. 

Approved Fehritary 13, 1900. 



Chap. 65 



Chap. 66 



An Act making an appropriation for exterminating conta- 
gious DISEASES AMONG HORSES, CATTLE AND OTHER ANIMALS. 

Be it enacted, etc., as follows : 

Section 1. The sum of fifty thousand dollars is hereby Extermination 
appropriated, to be paid out of the treasury of the Common- diaease^^iunong 
wealth from the ordinary revenue, for exterminating con- animals. 
tagious diseases among horses, cattle and other animals, 
during the year ending on the thirty-first day of December 
in the year nineteen hundred. 

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

Approved February 13, 1900. 

An Act making an appropriation for current expenses at 
the massachusetts hospital for dipsomaniacs and inebri- 
ATES. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty-two thousand dollars is MaBsachueetta 
hereby appropriated, to be paid out of the treasury of the drpg^omLui'acs 
Commonwealth from the ordinary revenue, for necessary a^d inebriates. 
expenses in excess of receipts, at the Massachusetts hospital 
for dipsomaniacs and inebriates during the year ending on 
the thirty-first day of December in the year nineteen hun- 
dred. 

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

Ap2^roved February 13, 1900. 

An Act making appro piuations for sundry charitable ex- /^/^^y^ CV7 

PENSES. -^ 

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- 



46 



Acts, 1900. — Chap. 67. 



monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 



state board of 
charity. 



Adult poor. 



Minor wards. 



Auxiliary 
visitors. 



STATE BOARD OF CHARITY. 

For travelling and other necessary expenses of the state 
board of charity, and for salary and expenses in the office 
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-seven thousand dollars. 

For salaries and expenses in the division of state minor 
wards, a sum not exceeding thirty-seven thousand dollars. 

For travelling and other necessary expenses of the 
auxiliary visitors of the state board of charity, a sum not 
exceeding fourteen hundred dollars. 



Transportation 
of state 
paupers. 



State insane 
paupers. 



Indigent and 
neglected 
children, etc. 



Support of 
certain state 
paupers. 



Dangerous 
diseases. 



Instruction of 

certain 

children. 



Sick state 
paupers. 



MISCELLANEOUS CHARITABLE. 

For transportation of state paupers, under charge of the 
state board of charity, a sum not exceeding ten thousand 
dollars. 

For the support and relief of state paupers in state 
hospitals and asylums for the insane, and for reimburse- 
ment of towns, for the present and previous years, a sum 
not exceeding two hundred and sixty thousand dollars. 

For the care and maintenance of indigent and neglected 
children and juvenile ofienders, a sum not exceeding one 
hundred and thirty-three thousand dollars. 

For the support of state paupers in the Massachusetts 
School for the Feeble-minded and in The Hospital Cottages 
for Children, a sum not exceeding eighteen thousand dol- 
lars. 

For expenses in connection with smallpox and other 
diseases dangerous to the public health, for the present 
and previous years, a sum not exceeding three thousand 
dollars. 

For instruction in the public schools in an}^ city or town 
in the Commonwealth, of children boarded or bound out 
by the state board of charity, for the present and previous 
years, a sum not exceeding twelve thousand dollars. 

For the support of sick state paupers by cities and 
towns, for the present and previous years, the same to 
include cases of wife settlement, a sum not exceeding 
ninety-five thousand dollars. 



Acts, 1900. — Chaps. 68, 69. 47 

For the burial of state paupers by cities and towns, for n.inui of state 
the present and previous years, a sum not exceeding ton ^''"'""'''• 
thousand dollars. 

For temporary aid furnished by cities and towns to state Temporary uui. 
paupers and shipwrecked seamen, for the present and 
previous years, a sum not exceeding thirty-seven thousand 
dollars. 

For the support and transportation of unsettled pauper unsettled pau- 
infants in this Commonwealth, including infants in infant p*"'' '°'"°^*- 
asylums, a sum not exceeding thirty-tive thousand dollars. 

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

Appi'oved February 13, 1900. 

An Act making an appropriation for the prison and iiospitai. nhnrj (33 

LOAN SINKING FUND. "' 

Be it enacted, etc., asfolloivs: 

Section 1. The sum of eio-ht thousand one hundred F'ison and 

-, , , -, '=' . , -11 Hospital Loan 

seventy-one dollars and twenty-eight cents is hereby sinking Fund. 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the Prison and 
Hospital Loan Sinking Fund, as provided for by chapters 
four hundred and eighty-three and five hundred and three 
of the acts of the year eighteen hundred and ninety -live, 
said sum being the estimate of the treasurer and receiver 
general. 

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

Approved February 13, 1900. 

An Act to extend the provisions of the civil service act to rij.^.,^ aci 

THE police and FIRE FORCES OF THE TOWN OF MILTON. ^ ' 

Be it enacted, etc., as folloivs : 

Section 1. The provisions of chapter three hundred civii service act 

GStGIlClGfl to 

and twenty of the acts of the year eighteen hundred and pouce and are 
eighty-four, entitled " An Act to improve the civil service Miuon." 
of the Commonwealth and the cities thereof", and all acts 
in amendment thereof and in addition thereto, and the 
civil service rules thereunder which relate to the police 
and fire forces of cities of the Commonwealth other than 
the city of Boston, are hereby extended and made applica- 
ble to all members of the regular or permanent police force 
and to all members of the fire force of the town of Milton. 

Section 2. All members of said regular police and fire Term of office 
forces shall continue to hold their several offices until res- ^f'^^'"^"*- 
ignation or removal. 



48 



Acts, 1900. — Chaps. 70, 71. 



Removals. Section 3. No member of either of said forces shall 

be removed except for cause shown after a full hearing 
before the selectmen of said town, at which hearing the 
member in question shall have the right to be present and 
to be represented by counsel. 

Section 4. This act shall take effect upon its passage. 

Approved February 13, 1900. 



Chan. 70 ^^ -^^"^ making appropriations for salaries and expenses in 

THE office of the CIVIL SERVICE COMMISSIONERS. 

Be it enacted, etc., as follows : 
Appropriations. Section 1. The suuis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes specified, 
for the year ending on the thirty-first day of December in 
the year nineteen hundred, 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, and for ofiice, printing, travel- 
ling and incidental expenses of the civil service commis- 
sioners, chief examiner and secretary, advertising and 
stationery, a sum not exceeding fourteen thousand five 
hundred dollars. 

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

Ajiproved February 13, 1900. 



Civil Bcrvice 
commisBion. 



Chief examiner. 



Secretary. 



Registrar of 
labor. 



EspenseB. 



ChaV' 71 -^^ -^^"^ MAiaNG AN appropriation FOR THE PAYMENT OF PRE- 
MIUMS ON SECURITIES PURCHASED FOR THE MASSACHUSETTS SCHOOL 



Massachusetts 
School Fund. 



Be it enacted, etc., as follows: 

Section 1. A sum not exceeding twenty-five thousand 
dollars 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 pre- 
miums on securities purchased for the Massachusetts School 



Acts, 1900. — Chap. 72. 49 

Fund, as provided for by chapter three hundred and thirty- 
Hve of the acts of the year eighteen hundred and ninety. 
Section 2. This act shall take eticct upon its passage. 

Approved February 14, 1900. 

An Act making appropriations for the salaries and expenses (JUnr,y 79 
OF the railroad commissioners. 

Be it enacted, etc., as foHoivs : 

Section 1. The sums hereinafter mentioned are appro- AppropiiationB. 
priated, to 1)e paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of December in the ^ 

year nineteen hundred, to wit : — 

For the salaries of the railroad commissioners, eleven Railroad com. 

thousand dollars. nuBsionern. 

For the salary of the clerk of the railroad commissioners, cierk. 
twenty-five hundred dollars. 

For the salary of the assistant clerk of the railroad com- Assistaut oierk. 
missioners, a sum not exceeding twelve hundred dollars. 

For the salary of the accountant of the railroad commis- Accountant. 
siouers, twenty-five hundred dollars. 

For the salaries and expenses of the steam railroad in- Railroad in- 
spectors, a sum not exceeding five thousand dollars. spectors. 

For the compensation of experts or other agents of the Experts, etc. 
railroad commissioners, a sum not exceeding four thousand 
dollars. 

For rent, care of office, and salary of a messenger for Rent, messen- 
the railroad commissioners, a sum not exceeding forty-three ^^''' *"'"■ 
hundred and fifty dollars. 

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

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

For stenographic reports of hearings, a sum not exceed- ^g^^^^^g^^"^ 
ing five hundred dollars. 

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

Approved February 14, 1900. 



50 



Acts, 1900. — Chaps. 73, 74. 



Ghup, 73 ^ ^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE OFFICE OF THE INSURANCE COMMISSIONER. 

Be it enacted^ etc., as follows: 

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, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

For the salary of the insurance commissioner, thirty-five 
hundred dollars. 

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

For the salary of the actuary in the insurance depart- 
ment, two thousand dollars. 

For the salary of the examiner in the insurance depart- 
ment, two thousand dollars. 

For the salary of the chief clerk in the insurance depart- 
ment, two thousand dollars. 

For the salary of the second clerk in the insurance de- 
partment, fifteen hundred dollars. 

For the salary of the third clerk in the insurance depart- 
ment, twelve hundred dollars. 

For such additional clerks and assistants as the insurance 
commissioner may find necessary for the despatch of pub- 
lic business, a sum not exceeding twenty-three thousand 
three hundred dollars. 

For incidental and contingent expenses of the insurance 
commissioner, a sum not exceeding thirty-five hundred 
dollars. 

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

Approved February 14, 1900. 



Appropriations 



Insurance com- 
missioner. 

Deputy. 
Actuary. 
Examiner. 
Chief clerk. 
Second clerk. 
Third clerk. 



Additional 
clerks, etc. 



EzpenseB. 



Chap 



74 -^^ -^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE OFFICE OF THE STATE FIRE MARSHAL. 

Be it enacted, etc. , as folloivs : 
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 purposes specified, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

For the salary of the state fire marshal, forty-five hun- 
dred dollars. 



State fire 
marshal. 



Acts, 1900. — Chap. 75. 51 

For tho salary of the deputy fire marshal, twenty-five Deputy, 
hundred dollars. 

For the salary of the clerk of the state fire marshal, four- cierk. 
teen hundred dollars. 

For the salaries of the two stenographers in the office of stunographers. 
the state tire marshal, eleven hundred dollars each. 

For the salaries of the two chiefs of aids in the office of Chiefs of aitu. 
the state fire marshal, twelve hundred dollars each. 

For the salaries of the nine aids in the office of the state Aids and 
fire marshal, one thousand dollars each ; and for the salary "''^'"^"^'*'- 
of a messenger, four hundred dollars. 

For travelling, contingent and incidental expenses, the Travelling ex- 
same to include the services and expenses of persons ^^°*^'*'*"^*^* 
employed in secret investigations under the direction of 
the state fire marshal, and fees of witnesses, a sum not 
exceeding ten thousand five hundred dollars. 

For postage, printing, stationery, telephone, telegrams, omce expenses. 
and incidental and contingent office expenses of the state 
fire marshal, a sum not exceeding twenty-five hundred 
dollars. 

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

Apiyroved February 14, 1900. 

An Act making appkopriations for salaries and expenses at QJkxt), 75 
the state almshouse. 

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, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the payment of salaries and wages at the state alms- state 
house, a sum not exceeding forty-one thousand dollars. almshouse. 

For other current expenses at the state almshouse, a sum ExpenHes. 
not exceeding one hundred and twenty-nine thousand 
dollars. 

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

Approved February 14, 1900. 



52 Acts, 1900. — Chaps. 76, 77, 78. 



ChciD' 76 -'^ ^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 
THE STATE INDUSTRIAL SCHOOL FOR GIRLS. 

Be it enacted^ etc., as follows : 

Appropriations. Section 1. The suius hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary rev^enue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

8cho^oi*°o'^r"*'iri'«' ^^^ Salaries and wages at the state industrial school for 
girls, a sum not exceeding fifteen thousand five hundred 
dollars. 

Expenses p^j, other currcut expenses at the state industrial school 

for girls, a sum not exceeding twenty-one thousand and 
seventy-five dollars. 

youngel-^gi'Hs. ^^^' Gxpcuses in connectiou with boarding out younger 
girls from the state industrial school, to include boarding 
and other expenses for girls on probation, a sum not ex- 
ceeding tw^enty-five hundred dollars. 

chudren °° °^ ^^r instructiou in the public schools in any city or town 

boarded out, etc. j^ f\^Q Commou Wealth of children boarded or bound out 
by the trustees of the Lyman and industrial schools, a sum 
not exceeding one hundred and twenty -five dollars. 

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

Approved February 14, 1900. 

OhCiP. 77 -^^ ^*^'^ MAKING AN APPROPRIATION FOR CURRENT EXPENSES AT 
THE MASSACHUSETTS HOSPITAL FOR EPILEPTICS. 

Be it enacted, etc., as foUoios : 

^TpUai"for"^ Section 1. A sum not exceeding fifteen thousand dol- 
epiieptics. lars is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for cur- 
rent expenses at the Massachusetts hospital for epileptics 
during the year ending on the thirty-first day of Decem- 
ber in the year nineteen hundred. 

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

Approved February 14, 1900. 

Ghcf/p. 78 An Act making appropriations for deficiencies in appropria- 
tions FOR certain expenses AUTHORIZED IN THE YEAR EIGHT- 
EEN HUNDRED AND NINETY-NINE. 

Be it enacted, etc., as follows: 
Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 



Acts, 1900.— -Ciiai'. 78. 53 

wealth from the ordinary revenue, for certain expenses in 
excess of appropriations therotbr in the year eighteen hun- 
dred and ninety-nine, to wit : — 

For expenses at the state industrial school for girls, the state industrial 
sum of ninety-seven dollars and twenty-nine cents. school for giris. 

For travelling and incidental expenses of the inspector inspector of gas 
of gas meters, and for additional apparatus, the sum of one ™'^^'""- 
hundred two dollars and ninety-seven cents. 

For expenses of the railroad commissioners, the sum of |^ig!j™u'"rs"'"' 
one hundred forty-eight dollars and thirty-three cents. 

For office and other expenses of the inspector of gas inspector of gas 
meters, the sum of two hundred seventeen dollars and fitty ™^ °"' 
cents. 

For expenses of the commissioners on inland fisheries commisBioners 
and game, the sum of three hundred thirty-four dollars and e^ies and game. 
fifty -five cents. 

For tuition of children in small towns, the sum of seven Tuition of 
hundred forty-five dollars and eighty-five cents. smaiuowns. 

For incidental expenses in the ofiice of the secretary of Secretary of the 
the Commonwealth, the sum of seven hundred fifty-two Commonwealth. 
dollars and twenty cents. 

For incidental expenses in the oflice of the treasurer Treasurer and 
and receiver general, the sum of eight hundred forty-three ''^<'®'^^'"^«'^<''^^'- 
dollars and forty -four cents. 

For expenses at the Lyman school for boys, the sum of Lyman school 
fifteen hundred eighteen dollars and eight cents. 

For the education of deaf pupils, the sum of eighteen Education of 
hundred ninety-one dollars and fourteen cents. '^^^ pupiis. 

For the support of state paupers at the Massachusetts Massachusetts 
School for the Feeble-minded, the sum of twenty-eight Feeweminded. 
hundred ninety-two dollars and seventj-six cents. 

For current expenses at the state farm, the sum of four state farm. 
thousand eight hundred forty-nine dollars and sixty-two 
cents. 

For the support and relief of state insane persons in the support, etc., of 
hospitals and asylums of the Commonwealth, the sum of persVn^s?"^ 
fifteen thousand seven hundred forty-six dollars and eighty- 
nine cents. 

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

Approved February 14^ 1900. 



54 



Acts, 1900. — Chaps. 79, 80. 



ChdV' 79 ^^ -'^CT MAKING AN APPROPRIATION FOR THE PAYMENT OF BOUNTIES 

TO MASSACHUSETTS VOLUNTEERS. 

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 Common- 
wealth from the ordinary revenue, for the purposes specified, 
during the 3'ear ending on the thirty-first day of December 
in the year nineteen hundred, to wit : — 

For the payment of bounties to Massachusetts vokmteers, 
as authorized by chapter five hundred and twenty-five of 
the acts of the year eighteen hundred and ninety-eight, a 
sum not exceeding forty thousand dollars. 

For necessary expenses in carrying out the law relative 
to the payment of said bounties, a sum not exceeding 
twelve hundred dollars. 

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

Approved February 14, 1900. 



Bounties to 

Massachusetts 

volunteers. 



Payment of 
bounties. 



QfldY), 80 -^^ ^^"^ ^^ AUTHORIZE THE TOWN OF CLINTON TO REFUND CERTAIN 

INDEBTEDNESS. 



Clinton General 
Loan. 



He it enacted, etc., as follows: 

Section 1. The town of Clinton, for the purpose of 
refunding its note indebtedness, is authorized to issue 
notes, bonds or scrip to an amount not exceeding one hun- 
dred and seventy-five thousand dollars, to be denominated, 
Clinton General Loan. The same shall be payable at a time 
or times not exceeding thirty years from the date of issue, 
shall bear interest at a rate not exceeding four per cent 
per annum, payable semi-annually, and shall be signed by 
the treasurer and countersigned by a majority of the select- 
men. Said town may sell said notes, bonds or scrip at 
public or private sale, or use the same in payment of such 
debts : pt^ovided, however, that the same shall not be sold 
for less than the par value thereof. 

Section 2. The proceeds, excepting premiums, from 
ment of certain the salc of the Hotcs, bouds or sci'ip issued by virtue of this 
' " act shall be applied by the treasurer of said town to the 
payment of the notes of the town outstanding July 1, 
1900, exclusive of temporary loans made in anticipation 
of taxes ; but no purchaser thereof shall be responsible for 
the application of the proceeds. If this act is accepted the 
town shall provide for the establishment of a sinking fund 



Proviso. 



Proceeds to be 
applied to pay 



Sinking fund. 



Acts, 1900. — Chap. 81. 55 

and the election of six commissioners of the sinking fund, 
and shall contribute to such fund from year to year an 
amount raised annually by taxation sufficient with the 
accumulations thereof to extinguish the debt at maturity. 
The premiums, if any, received from the sale of the bonds 
shall also be placed in the sinking fund. The sinking 
fund shall not be used for any other purpose than the pay- 
ment and redemption of said debt. The provisions of p- 8.29, etc., to 
chapter twenty-nine of the Public Statutes and acts in 
amendment thereof shall, except as herein otherwise pro- 
vided, a})ply to the indebtedness authorized by this act. 

Sectiox 3. This act shall take effect upon its accept- ^3^®°'°^*^* 
ance by a two thirds vote of the voters of said town present 
and voting thereon at a legal meeting called fol* that pur- 
pose within one year from the passage hereof. 

Approved February 14, 1900. 

An Act to incorporate the east Gloucester ferry company. QJian. 81 
Be it enacted^ etc. , as folloios : 

Section 1. Charles H. Boynton, Mary E. Cunning- East Gloucester 
ham, David S. Presson, George A. Davis, William D. incwporXd!"^ 
Langsford, Adam P. Stoddart, John A. Stoddait, Rhoda 
Tarr, James H. Tarr, Gardner W. Tarr and Margaret 
McDonald, their associates and successors, are hereby 
made a corporation by the name of the East Gloucester 
Ferry Company, with all the powders and privileges and 
subject to all the duties, liabilities and restrictions set 
forth in the general laws w hich now are or hereafter may 
be in force relating to such corporations. 

Section 2. Said corporation is hereby authorized and Maybuiid 

I I t .^ -, I 1 111 1 steamboats, 

empowered to build, purchase, charter, hold and convey etc, transport 
one or more steamboats or steam propellers, and to em- P'**^^"^®''^' ^ 
ploy the same in the business of transporting passengers and 
freight between the city of Gloucester and East Gloucester 
and Rocky Neck, so-called. 

Section 3. The capital stock of said corporation shall capuai stock. 
not exceed ten thousand dollars, and shall be divided into 
shares of the par value of one hundred dollars each. No 
certificate of stock shall be issued until the par value 
thereof shall have been actually paid in, and no business 
shall be transacted by said corporation until at least twenty- 
five hundred dollars of its capital stock shall have been 
subscribed and paid for. 



56 Acts, 1900. — Chaps. 82, 83. 



unieeVc^ertain SECTION 4. If Said corporation shall not within one 
conditions are year from the passage hereof have been organized and have 
corapie wi . j^^^j T^2i\di into its treasury a sum not less than thirty-five 
hundred dollars in cash, and shall not within two years 
from the passage of this act have one or more steamboats 
or steam propellers employed in the transportation of pas- 
sengers and freight between Gloucester and East Glouces- 
ter and Rocky Neck, or if said corporation shall thereafter 
fail for the period of one year so to employ one or more 
steamboats or steam propellers in said business, then this 
act shall be null and void. Approved February 14, 1900. 

Ghan. 82 ^^ ^^'^ '^^ authorize the town of Winchester to make an 

ADDITIONAL WATER LOAN. 

Be it enacted, etc. , as follows : 
Winchester SECTION 1. The town of Winchester is hereby author- 

Bonds, ized to issue notes or bonds from time to time as it may 

deem necessary, to an amount not exceeding fifty thousand 
dollars in addition to the amounts already authorized to be 
issued for water purposes, upon the conditions and in the 
manner set forth in chapter two hundred and sixty-five of 
the acts of the year eighteen hundred and seventy -two, as 
modified by chapter four hundred and thirteen of the acts 
of the year eighteen hundred and ninety, the same to be 
denominated, Winchester Water Fund Bonds, and to be 
payable at periods of not more than thirty years from their 
respective dates. Of the proceeds of the notes or bonds 
hereby authorized to be issued ten thousand dollars may 
be used to pay an equal amount of Winchester water fund 
bonds maturing December first of the current year ; ten 
thousand dollars may be used to pay an equal amount of 
Winchester water fund l)onds maturing May first nineteen 
hundred and five ; and the remaining proceeds of said 
issue hereby authorized shall be used by said town for the 
purpose of completing and renewing its water system and 
supplying said town with water. 

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

Apjjroved February 14, 1900. 

Ghan 83 "^ -^^^ "^^ incorporate the city trust company. 

Be it enacted, etc., as follows: 
City Trust Section 1. Charlcs F. Adams, Second, Gordon Dex- 

incorporated. tcr, Frcdcric J. Bradlee, Reginald Gray, Henry P. King, 



Acts, 1900. — Chaps. 84, 85. 57 



Chap, 84 



George S. Mumford and Kicliard jNI. Sultoiistall, their 
associates and successors, are hereby made a corporation 
by the 'name of the City Trust Compan}^ with authority to 
establish and maintain a safe deposit, loan and trust com- 
pany in the city of Boston ; with all the powers and privi- 
leges and^subjcct to all the duties, liabilities and restrictions 
set forth in all general laws which now are or hereafter 
may be in force relating to such corporations. 

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

Approved February 14, 1900. 

An Act to extend the time for filing petitions for the assess- 
ment OF DAMAGES ACCRUING FROM THE ALTERATIONS OF THE 
GRADE CROSSING OF DORCHESTER AVENUE AND THE OLD COLONY 
RAILROAD IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The time within which any person may file Time forming 
his petition in the superior court for damages accruing from assel'smlnt of 
any change of grade of streets in connection with the aboli- eltended"'"^^^* 
tion of the grade crossing of Dorchester avenue and the 
Old Colony railroad, under the provisions of chapter five 
hundred and nineteen of the acts of the year eighteen hun- 
dred and ninety-seven, is hereby extended to the first day 
of July in the year nineteen hundred ; and all petitions 
filed prior to that date although filed prior to the passage 
of this act shall be deemed duly filed. But interest shall 
not be reckoned upon damages in such cases before the 
petition is filed. 

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

Approved February 14, 1900. 



Chap. 85 



tain children. 



An Act making an appropriation for the payment of the tui- 
tion OF children attending school outside of the town in 
which they reside. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding ten thousand dollars Tuition of cer. 
is hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for the pay- 
ment 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 February 14, 1900. 



58 



Acts, 1900. — Chaps. 86, 87. 



ChCLp. 86 ^^ -^CT MAKING APPROPRIATIONS FOR SALAUIES AND EXPENSES AT 



THE STATE FARM. 



Appropriations. 



State farm. 



Expenses. 



Be it enacted^ etc., as foUoivs : 

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, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

For the payment of salaries and wages at the state farm, 
a sum not exceeding forty-two thousand dollars. 

For other current expenses at the state farm, a sum not 
exceeding one hundred and nine thousand five hundred 
dollars. 

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

Approved February 14, 1900. 



Chap. 87 -^N Act MAKING APPROPRIATIONS FOR SUNDRY EDUCATIONAL EX- 
PENSES. 



Appropriations, 



State board of 

education, 

secretary. 



Clerical and 
messenger 



Agents. 



Expenses. 



Expenses of 
members of 
board. 



State normal 
ecbools. 



Be it enacted, etc., as folloios: 

Section 1 . The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, except as herein otherwise })ro- 
vided, for the purposes specified, for the year ending on 
the thirty-first day of December in the year nineteen hun- 
dred, 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 Massachusetts School 
Fund applicable to educational purposes. 

For clerical and messenger service for the state board of 
education, a sum not exceeding two thousand dollars. 

For the salaries and expenses of agents of the state board 
of education, a sum not exceeding twelve thousand seven 
hundred and fifty dollars. 

For incidental and contingent expenses of the state board 
of education and of the secretary thereof, a sum not exceed- 
ing two thousand dollars. 

For travelling and other expenses of the members of the 
state board of education, a sum not exceeding one thousand 
dollars. 

For the support of state normal schools, including the 
employment of accountants, and certain other expenses 



Acts, 1900. — Chap. 87. 59 

of the boarding houses at Bridgewater, Frainingham and 
Westfield, a sum not exceeding two hundred forty-eight 
thousand five hundred and sixteen dollars, to be paid out 
of the moiety of" the income of the Massachusetts School 
Fund applicable to educational purposes, the excess, if 
any, to be paid from the treasury of the Commonwealth. 

For the support of the state normal art school, a sum state normal 
not exceeding twenty-four thousand one hundred and ^"^^^"^ °°^" 
thirty-six dollars, to be paid out of the moiety of the 
income of the Massachusetts School Fund applicable to 
educational purposes, the excess, if any, to be paid from 
the treasury of the Commonwealth. 

For the expenses of teachers' institutes, a sum not Teachers- 
exceeding two thousand dollars, to be paid out of the 
moiety of the income of the Massachusetts School Fund 
applicable to educational purposes. 

For the Massachusetts Teachers' Association, the sum Massachusetts 
of three hundred dollars, to be paid out of the moiety of Assocfauon, 
the income of the Massachusetts School Fund applicable 
to educational purposes, subject to the approval of the 
state board of education. 

For the expenses of county teachers' associations, a county 
sum not exceeding three hundred and twenty-five dollars, at^lcfltions. 
to be paid out of the moiety of the income of the Massa- 
chusetts School Fund applicable to educational purposes. 

For the Dukes County Educational Association, the sum Dukes County 
of fifty dollars. S^i^^n. 

For aid to pupils in state normal schools, a sum not Aid to pupus in 
exceeding four thousand dollars, payable in semi-annual sctioo'i'sT™'^ 
instalments, to be expended under the direction of the 
state board of education. 

To enable small towns to provide themselves with school school superin- 

i . tendents in 

supermtendents, a sum not exceeding sixty-nve thousand smaii towns. 
dollars. 

For the education of deaf pupils of the Commonwealth Education of 
in the schools designated by law, a sum not exceeding 
sixty-three thousand dollars. 

For expenses of the examination and certification of Examination 
school teachers by state authority, a sum not exceeding o" 6cho"v "**" 
five hundred dollars. teachers. 

For school registers and other school blanks for the school blanks. 
towns and cities of the Commonwealth, a sura not exceed- 
ing one thousand dollars. 

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

Approved February 14, 1900. 



60 Acts, 1900. — Chaps. 88, 89. 



Chart 88 -^^ -^^'^ making appropriations for salaries and expenses in 

THE OFFICE OF THE STATE BO/VRD OF INSANITY. 

Be it enacted, etc., as follows: 
AppropriatioDB. SECTION 1. The suiTis hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specitied, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 
state board of For travelling and office expenses of the state board of 
insanity. iosauity, a sum not exceeding five thousand dollars. 

Officers and For salaHcs of officers and employees of the state board 

employees. ^^ insanity, a sum not exceeding twelve thousand nine 

hundred dollars. 
Transportation, For transportation and medical examination of state 
paupers!'' paupcrs, uudcr the charge of the state board of insanity, 

twelve thousand dollars. 
Support of cer- For the support of insane paupers boarded out in fami- 
paupers. Hes, uudcr the charge of the state board of insanity, seven 

thousand dollars. 

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

Approved Februaru 14, 1900. 

GTlWD 89 ^^ "^^^ '^*-* AUTHORIZE THE TOWN OF LEXINGTON TO APPROPRIATE 
MONEY FOR THE CELEBRATION OF THE ONE HUNDRED AND TWENTY- 
FIFTH ANNIVERSAEY OF THE BATTLE OF LEXINGTON, AND TO AP- 
PROPRIATE AJWUALLY" MONEY FOR THE CELEBRATION OF THE 
NINETEENTH DAY OF APRIL. 

jBe it enacted, etc., asfolloics: 
Town of Section 1. The town of Lexington may at any legally 

Lexington may , , . , . /• j. j 

appropriate wamcd mcctiug appropriate a sum of money not exceea- 
brations^ ''*''^" ing ouc thousand dollars, for the purpose of celebrating 
the one hundred and twenty-fifth anniversary of the battle 
of Lexington ; and may annually thereafter appropriate 
for the celebration of the nineteenth day of April a sum of 
money not exceeding five one thousandths of one per cent 
of the last preceding valuation for the assessment of taxes 
in said town. 

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

Approved February 15, 1900. 



Acts, 1900. — Chaps. 90, 91, 92. 61 



Ax Act to AITHOKIZE TITE town ok CONCOKD to ArPROPRIATE rijjfj^ QO 
MONEY KOU THE CELEHKATION OF THE ONE ItUNUUED AND TWENTY- '^ 

FIFTH AXNIVERSAUY OF THE CONCOKD FIGHT. 

Be it enacted., etc., as follows : 

Section 1. The town of Concord is hereby authorized coJcor'dmay 
to raise and approiiriate money tor the celebration of the appropriate 

1 Til i/^ci • I' ji /^ ^ Money for a 

one hundred and twenty-nith anniversary ot the Concord celebration. 
iight. 

Section 2. The town of Concord is hereby authorized ^e^niifney^for 
to raise and appropriate money to procure some permanent J5"""°''i?l°L 
memorial of the Concord fight for the one hundred and 
twenty -fifth anniversary of the event. 

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

Aiyproved Fehriiary 15, 1900. 



Chap. 91 



An Act to authorize the town of Arlington to appropriate 

M(JNEY' FOR the CELEBRATION OF THE NINETEENTH DAY' OF APRIL 
AND THE FOURTH DAY' OF JULY. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Arlington may at any legally Townof Ariing. 
warned meeting appropriate such sum as it deems neces- p°riatemo^n''ey'f'or 
sary, for the proper celebration of the nineteenth day of " celebration. 
April and the fourth day of July : provided, that such sum Proviso, 
shall not exceed in any one year five one thousandths of 
one per cent of the last preceding valuation for the assess- 
ment of taxes in said town. 

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

Ap2yroved February 15, 1900. 

An Act to authorize burglary and theft insurance com- rij^fyj^ C)9 

PANIES TO DO BUSINESS IN THIS COMMONWEALTH. "^ 

Be it enacted, etc., as follows: 

Section 1. Section twenty-nine of chapter five hun- 1894, 522, § 29, 
dred and twenty-two of the acts of the year eighteen hun- ''*'=•. ^'""'"''e'l- 
dred and ninety-four, as amended by section one of chapter 
four hundred and seventy-four of the acts of the year 
eighteen hundred and ninety-five, and by section one of 
chapter four hundred and forty-seven of the acts of the 
year eighteen hundred and ninety-six, is hereby amended 
by adding at the end of said section the words : — Tenth, 
To carry on the business of insuring individuals, firms and 



62 



Acts, 1900. — Chap. 92. 



Purposes for 
which insurance 
companies may 
be formed. 



Loss by fire, etc. 



Loss by perils 
of the sea, etc. 



Guaranty of 
fidelity, etc. 



Damage by 

boiler 

explosions. 



Accident to 
persons. 



Breakage of 
plate glass. 

Damage by 
water. 



Damage from 
accidents to 
elevators, etc. 



Damage from 
failure of per- 
sons to meet 
their liabilities. 



Loss or damage 
by burglary, etc. 



1894, 522, § 31, 
etc., amended. 



corporations, against loss or damage by burglary, theft or 
housebreaking, — so as to read as follows : — Section 29. 
Insurance companies may be formed as provided in sec- 
tion thirt\^for any one of the following purposes, to wit : — 

First, To insure against loss or damage to property by 
tire, lightning, or tempest on land, upon the stock or 
mutual plan. 

Second, To insure upon the stock or mutual plan, ves- 
sels, freights, goods, money, effects, and money lent on 
bottomry or respondentia, against the perils of the sea and 
other perils usually insured against by marine insurance, 
including risks of inland navigation and transportation. 

Third, To guarantee the fidelity of persons in positions 
of trust, private or public, and to act as surety on official 
bonds and for the performance of other obligations. 

Fourth, To insure against loss or damage to propert}^ 
of the assured, or loss or damage to the life, person or 
property of another for which the assured is liable, caused 
by the explosion of steam boilers. 

Fifth, To insure any person against bodily injury or 
death by accident, or any person, firm or corporation 
against loss or damage on account of the bodily injury or 
death by accident of any person for which loss or damage 
said person, firm or corporation is responsible. 

Sixth, To insure against the breakage of plate glass, 
local or in transit. 

Seventh, To insure against loss or damage by water to 
any goods or premises arising from the breakage or leakage 
of sprinklers and water pipes. 

Eighth, To insure against loss or damage to property 
arising from accidents to elevators, bicycles and vehicles, 
except rolling stock of railways. 

Ninth, To carry on the business commonly known as 
credit insurance or guaranty, either by agreeing to pur- 
chase uncollectible debts, or otherwise to insure against 
loss or damage from the failure of persons indebted to the 
assured to meet their liabilities. 

Tenth, To carry on the business of insuring individuals, 
firms and corporations, against loss or damage by burglary, 
theft or housebreaking. 

Section 2. Section thirty-one of chapter five hundred 
and twenty-two of the acts of the year eighteen hundred 
and ninety-four, as amended by section two of chapter four 
hundred and seventy-four of the acts of the year eighteen 
hundred and ninety-five, and by section two of chapter four 



Acts, 1900. — Chap. 93. G3 

hundred and forty-seven of the acts of the year eighteen 
hundred and ninety-six, is hereby amended by striking 
out the words "or ninth", in the eleventh line, and in- 
serting in place thereof the words : — ninth or tenth, — so 
as to read as follows: — Section 31. No corporation so To transact only 
formed shall transact any other business than that speci- aed'h? charte"! 
tied in its charter and articles of association. Companies 
to insure plate glass may organize with a capital of not less 
than one hundred thousand dollars. Companies so formed t'^jo'^toek^^' 
insuring marine or inland risks upon the stock plan shall companies. 
have a capital of not less than three hundred thousand 
dollars. Companies so formed for the transaction of fire 
insurance on the stock plan, of fidelity insurance, of acci- 
dent insurance, of steam boiler insurance, or for the trans- 
action of the business authorized under the seventh, eighth, 
ninth or tenth paragraph of section twenty-nine of this 
act shall have a capital of not less than two hundred thou- 
sand dollars. Companies may be so formed to insure 
mechanics' tools and apparatus against loss by fire for an 
amount not exceeding two hundred and fifty dollars in 
a single risk, with a capital of not less than twenty-five 
thousand dollars, divided into shares of the par value of 
ten dollars each. 

Mutual companies heretofore organized to transact em- certain mmuai 

1 i !• 1 M*j_ • J.' 11* compauies may 

ployers liabihty msurance may contmue such busmess continue busi 
under the fifth paragraph of section twenty-nine of this er8M?abTiuy'°^' 
act, and such companies shall be subject to the laws, so insurance, etc. 
far as applicable, in relation to mutual fire insurance com- 
panies. No company shall be required to have on deposit 
with the treasurer of the Commonwealth an amount in 
excess of what is sufficient to enable it to comply with 
the laws of the states in which it transacts business ; and 
all sums in excess of this amount held on deposit with 
the treasurer of the Commonwealth or elsewhere shall be 
counted as of the surplus funds of the company. 

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

Approved February 16, 1900. 

An Act to authorize the old colony trust company to hold fijjfjy^ no 

REAL estate. 1 ' 

Be it enacted, etc., as follows: 

Section 1. The Old Colony Trust Company, incor- May hold certain 
porated by chapter two hundred and eighty-eight of the 
acts of the year eighteen hundred and ninety, is hereby 



64 



Acts, 1900. — Chaps. 94, 95. 



authorized to invest its surplus to an amount not exceed- 
ing one million dollars in real estate in the city of Boston 
suitable for the transaction of its business. 

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

Approved February 20, 1900. 



Chap. 94 An Act making appropriations for expenses of the court of 

REGISTRATION. 



Appropriations. 



Court of regis- 
tration, judge. 

Assistant judge. 



Recorder. 



Assistance in 
land otlice. 



Incidental 
expenses. 



Expenses of 

examining 

titles. 



Be it enacted, etc., asfoUoivs: 

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, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

For the salary of the judge of the court of registration, 
four thousand five hundred dollars. 

For the salary of the assistant judge of the court of 
registration, four thousand dollars. 

For the salary of the recorder of the court of registra- 
tion, four thousand five hundred dollars. 

For assistance in the land office of the court of registra- 
tion, a sum not exceeding four thousand dollars. 

For sherifis' bills, advertising, surveying, and sundry 
incidental expenses, a sum not exceeding four thousand 
dollars. 

For the expense of examining titles, a sum not exceed- 
ing ten thousand dollars. 

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

Approved February 20, 1900. 



THE APPOINTMENT OF A RESERVE POLICE 



ChCLV' 95 "^^^ ^^'^ '^^ PROVIDE FOR 

FORCE IN THE CITV OF FALL RIVER. 



Reserve police 
force, appoint- 
ment, etc. 



Be it enacted, etc., asfolloivs: 

Section 1. The board of police for the city of Fall 
River may from time to time, as authorized by said city 
and under such rules as the civil service commissioners 
of the Commonwealth prescribe, appoint suitable persons 
to constitute a reserve police force for said city, who shall 
be subject to such rules and regulations as the board of 
police may prescribe, and who may be removed by said 
board for any reason satisfactory to it. Said board of 
police may assign the members of said reserve police force 



Acts, 1900. — Chaps. 96, 97. 65 

to duty in said city whenever and for such time as it shall 
deem necessary, and when on duty they shall have and 
exercise all the powers and duties held and exercised by 
the police of said city. 

Section 2. All appointments upon the regular police Appointments 
force of said city shall be made from the reserve police pSuce'force.' 
force, under such rules as the civil service commissioners 
of the Commonwealth may prescribe ; and service on the 
reserve police force for not less than six months shall be 
deemed to be equivalent to the probationary period now 
required by the rules of said commissioners. 

Section 3. The members of the reserve police force compensation 
shall when on duty be paid by the city of Fall River such reeeVve ptuce 
compensation, not exceeding two dollars and fifty cents ^'"'"* 
a day, as the board of police may prescribe. 

Section 4. This act shall take effect upon its passage. 

Apjoroved February 20, 1900. 

An Act to authorize the commercial wharf company to hold Qhnj) 96 

ADDITIONAL REAL ESTATE. 

Be it enacted, etc., as foUoics : 

Section 1. The Commercial Wharf Company, incorpo- TheCommerciai 
rated by chapter fifty-one of the acts of the year eighteen pany'^may" 
hundred and thirty-two, and its successors, are hereby hold'cenri^ real 
authorized to acquire and hold in fee simple, leasehold estate, etc. 
or otherwise, any or all of the real estate, wharves, docks 
and other structures situated east of Atlantic avenue in 
Boston between the land, wharf and flats of the Lewis 
Wharf Corporation and the land, wharf and flats of the 
owners of T W'harf, so-called, and further to acquire and 
hold all the rights, easements, privileges and appurte- 
nances belonging to or which may be used in connection 
with such real estate, wharves, docks and other struct- 
ures. 

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

Apjrroved Febriiary 20, 1900. 

An Act to change the name of the union loan and trust nhnry 97 

COMPANY. 

Be it enacted, etc. , as follotvs : 

The name of the Union Loan and Trust Company is Name changed. 
hereby changed to the Union Trust Company. 

Approved February 20, 1900. 



66 



Acts, 1900. — Chap. 98. 



Chap. 



Terapleion Vil- 
lage Improve- 
mcDl Society 
incorporated. 



Membership. 



98 -A^N Act to incorporate the templeton village improvement 

SOCIETY. 

Be it enacted, etc., as follows: 

Section 1. S. Elliott Greenwood, George H. Hawkes, 
Grace E. Blodgett, J. Orville Winch, John M. W. Pratt, 
Charles H. Lane, Gabriel B. Kambour, Charlotte E. 
Greenwood, Percival Blodgett, Robert M. Cobleigh, 
Moses Leland, Lizzie L. Parkhurst, George P. Hawkes, 
Edward F. Scolla}^ Joel F. Dudley, Hosea F. Lane, 
Louis E. Cobleigh, Anna W. Batchelder, Nancy Briggs, 
Charles G. Roundy, William E. Parker, Charlotte M. 
Davis, Arthur L. Hawkes, Mary A. J. Hoyt, Arthur 
F. Lamb, John Brooks, Junior, Helen P. Kambour, 
Lorenzo A. Manning, Mary J. Work, James M. May- 
nard, Almira J. Parkhurst, Charles G. Davis, Vernon 
W. Miles, Adelaide B. Howland, George W. Bowen, 
George F. Lord, J. Flood Chamberlin, Eugene Lincoln, 
Ella C. Baker, Lucien N. Hadley, Frank E. Johnson, 
Charles H. May, Charles W. Stone, Olive E. Cobleigh, 
Isaac Brown, Mary W. Stone, Josephine C. Roundy, 
William L. Stinson and Maria Cutting, their associates 
and successors, are hereby made a corporation by the 
name of the Templeton Village Improvement Society, 
for the purpose of constructing, repairing and maintain- 
ing sidewalks and crossings in the public streets, planting 
and protecting trees by the roadsides, ornamenting and 
caring for public grounds and parks in the town of Temple- 
ton, under the direction and subject to the approval of the 
selectmen of said town ; with power to hold, maintain, 
improve and ornament any park, grove or other lands 
in said town of which said corporation may become pos- 
sessed by purchase, gift or otherwise ; also to preserve 
natural scenery, curiosities and places of historic interest, 
and for any other public objects for the improvement of 
said town, with all the powers and privileges and subject 
to all the duties, restrictions and liabilities set forth in 
all general laws not inconsistent with this act which 
now are or hereafter may be in force applicable to such 
corporations. 

Section 2. Said corporation shall consist of not less 
than forty members, three fourths at least of whom shall 
be residents of the town of Templeton. 



Acts, 1900. — Chap. 98. 67 

Section 3. The management and control of the prop- Trustees, eiec 
erty and atFairs of said corporation, subject to its by-laws, '»""• i*""™. e'c, 
shall 1)6 vested in a board of twelve trustees, who shall l)e 
elected, four each year, for the term of three years : pro- proviso. 
vided, /loirever, tiiat at the tirst election four trustees shall 
be elected for one year, four for two years and four for 
three years. Said trustees shall elect annually from their 
number a president, treasurer and clerk, w^ho shall serve 
until their successors are elected and qualified. The 
treasurer shall give such bonds as the trustees direct. 
A vacancy on the board of trustees from any cause may Vacancy. 
be filled at any regular or special meeting of the corpora- 
tion ; and a vacancy in the office of president, treasurer 
or clerk may be filled at any regular meeting of the trus- 
tees, or at any special meeting if notice of said election 
shall have been given. In the choice of members of the 
corporation and of the board of trustees, or of the above 
named oflUcers, no distinction shall be made on account 
of sex. 

Section 4. Said corporation may adopt such by-laws sy-iawa. 
as it deems best for carrying out the purposes of its or- 
ganization, and said board of trustees may make such 
by-laws for their government as they see fit, provided 
such by-laws contain nothing inconsistent with the pro- 
visions of law or of this act. 

Section 5. Said corporation may obtain by purchase, May how 
gift or otherwise, lands in the town of Templeton not ^onmrk''"'^* 
exceeding one hundred acres in extent, and may hold, purposes, etc. 
develop and administer the same for park and pleasure 
purposes, the public to have free access to said lands and 
parks under reasonable regulations approved by the select- 
men of said town. 

Section 6. Said corporation may receive and hold for Grants, 
the purposes mentioned in this act any grants, gifts or ^«i"«^'*- ''''=• 
bequests, under such conditions and rules as may be pre- 
scribed in such grants, gifts and bequests, if not incon- 
sistent with the provisions of law or of this act ; and in 
the absence of conditions attached to any such grant, gift 
or bequest, all funds thus received shall be held in trust, 
the income only to be expended for the general purposes 
of the corporation as before mentioned ; and such grants, 
gifts or bequests, whether in real estate or personal prop- 
erty, not exceeding fifty thousand dollars in value, in 
addition to the one hundred acres of land before men- 



68 



Acts, 1900. — Chap. 99. 



Town may 
appropriate 
money, etc. 



Treasurer to file 
copy of report. 



tioned, shall be exempt from taxation so long as they 
are administered for the public purposes herein set forth : 
provided, hoivever, that any real estate so held by said 
corporation outside the limits of the town of Templeton 
shall not be exempt under this act. 

Section 7. The town of Templeton is hereby author- 
ized to apj^ropriate and pay money to said corporation 
for the general purposes thereof, or for any specific pur- 
poses which may be designated, and said corporation 
shall receive and use the same in accordance with this act 
or with such designation. 

Section 8. The treasurer of the corporation shall in 
the month of January in each year file with the selectmen 
of the town a copy of his report showing the purposes for 
which such town appropriations were expended during 
the preceding year. 

Section 9. This act shall take efiiect upon its passage. 

Approved February 20, 1900. 



Manufacturers 

Mutual 

Casualty 

Company 

incorporated. 



CllO/P' 99 -^N Act to incorporate the manufacturers mutual casualty 

COMPANY. 

J5e it enacted, etc., as follows: 

Section 1. William B. Plunkett, Oscar H. Sampson, 
Benjamin F. Peach, Peter H. Corr, Martin V. B. Jeffer- 
son, Patrick A. Collins, Ellery I. Garfield, Charles C. Fry, 
Sumner C. Stanley, Charles W. Arnold, John W. Cor- 
coran, William B. Sullivan, Charles R. Tapley, William 
J. Corbett, Alexander S. Paton, William L. Douglass and 
Harry E. Converse, their associates, successors and as- 
signs, are hereby made a corporation by the name of 
Manufacturers Mutual Casualty Company, to be located 
in the city of Boston, for the purpose and with the power 
of insuring persons against loss from claims for personal 
injuries or death. 

Section 2. Said company shall charge and collect 
upon its policies a full mutual premium in cash or notes 
absolutely payable, and may in its by-laws and policies 
fix the contingent mutual liability of its members for the 
payment of losses and expenses not provided for by its 
cash fund : jwovided, that such contingent liability of a 
member shall not be less than a sum equal to and in 
addition to the cash premium written in its policy. The 
total amount of the liability of the policy holder shall 



Premiums, etc. 



Proviso. 



Acts, 1900. — CuArs. 100, 101. 69 

be plainly and legibly stated upon the back of each 
policy. 

Section 3. No policy shall be issued by said company when policies 
until insurance therein shall have been subscribed for and ™''y'^»"®- 
entered upon its books from which the aggregate amount 
of the cash premium shall be not less than twenty-five 
thousand dollars. 

Section 4. Corporations may effect insurance in said corporations 

1 .1 1'1'i'j- • •^ , 1 may eliect in- 

company and assume the liabilities incident thereto. surancein 

Section 5. Said company shall, except as herein other- xoTeTubjeca to 
wise provided, be orfjanized under and subiect to the wo- certain provi- 

..^., Y, . 1 T n ' sions oflaw.eto. 

Visions 01 the general law concerning mutual nre insurance 
companies ; and shall have and may exercise all the powers, 
rights and privileges, and shall be subject to all the duties, 
liabilities and requirements under the general law appli- 
cable to mutual fire insurance companies. 

Section 6. This act shall take effect upon its passage. 

Approved February 21, 1900. 



Chap.lOO 



An Act making appropriations for the Massachusetts hos- 
pital FOR CONSUMPTIVES AND TUBERCULAR PATIENTS. 

Be it enacted, etc., as folloios : 

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, for the 
year ending on the thirty-first day of December in the year 
nineteen hundred, to wit : — 

For the care and maintenance of the Massachusetts MassachuBetts 
hospital for consumptives and tubercular patients, a sum ^ollnm^ZcB 
not exceeding sixty thousand dollars. and tubercular 

For the payment of bills incurred in excess of the Deficiency 
appropriation therefor during the year eighteen hundred Iccoun^t^of'free 
and ninety-nine, made necessary on account of free beds, ^e'^^. 
a sum not exceeding twelve thousand dollars. 

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

Approved February 21, 1900. 

An Act to authorize the leasing of tisbury great pond by fij^fyr^ lAi 

THE commissioners ON INLAND FISHERIES AND GAME ^ ' 

Be it enacted, etc., as foUoivs : 

Section 1. The commissioners on inland fisheries and Tisbury Great 
game, or any two of them, may in the name of the leased?"^ 



70 Acts, 1900. — Chap. 101. 

Commonwealth lease, for a term not exceeding eleven 
years, the pond known as Tisbury Great Pond, in the 
county of Dukes County, with the arms, coves and bays 
connected therewith, for the purpose of cultivating useftil 
fishes, for such periods of time and on such terms and con- 
ditions as may seem to them most for the public good : 

Proviso. provided, that nothing herein shall affect the right of any 

citizen of the Commonwealth to take fish in said pond or in 
the waters connected therewith, by hook and line, accord- 
ing to the laws now or hereafter in force relating to the 
taking of fish by hook and line. 

of heari"if to^'be Section 2, Before making such lease the commis- 

appointed, etc. sioucrs shall appoint a time and place for a hearing upon 
the application therefor, and shall give notice of the hear- 
ing to every town within the limits of which any part of 
said pond lies. 

Rental of pond, Section 3. The rental of said pond, arms, bays and 
coves shall be one hundred and twenty-five dollars a year, 
payable by the lessees thereof on the first day of March 
annually to the treasurers of the towns of West Tisbury 
and Chilmark, one half part to each. 

^min°towu8 Section 4. Any town within the limits of which any 

may take part of Said pond lies may, for the purpose of cultivating 

useful fishes, take a lease of said pond, and appropriate 
money therefor, at the rental aforesaid and upon such 
conditions as may be agreed upon by such town and the 
aforesaid commissioners, provided that the said pond is 
not already leased. 

Limits of pond, Section 5. The commissioners may fix the limits of 

etc., may be , . -, . '' 

fixed, etc. the Said pond and the arms, coves and bays connected 

therewith ; which limits, being recorded in the registry 
of deeds for said county, shall be taken to be the legal 
limits thereof for all the purposes of this act. 
feasS^enforce- Section 6. The commlssioncrs sliall havc the custody 
condulons etc ^^ ^^^ such Icascs, and may cause any agreements, rights, 
reservations, forfeitures and conditions therein contained 
to be enforced, and for that purpose may institute pro- 
ceedings in the name of the Commonwealth, and may take 
possession of any premises for breach of condition of such 
lease, and after revesting the Commonwealth therewith 
may again lease the same. 

Section 7. This act shall take effect upon its passage. 

Approved February 21, 1900. 



Acts, 1900. — Chaps. 102, 103. 71 



An Act relative to the burial of the dependent mothers njid^ 1 02 

OP INDIGENT SOLDIERS, SAILORS AND MARINES. "' 

Be it enacted, etc., as foUoivs : 

Section 1. Section one of chapter two hundred and ips, 279, §i 

„ , ,, , '■ , , 11T1 ^'''•> amended. 

seventy-nine 01 the acts 01 the year eighteen hundred and 
ninety-six, as amended by section one of chapter one 
hundred and sixty-four of the acts of the year eighteen 
hundred and ninety-seven, is hereby amended by in- 
serting after the word "widows", in lines eleven and 
thirteen, the words : — or dependent mothers, — so as to 
read as follows : — Section 1. It shall be the duty of the Burial of 
mayor of each city and of the selectmen of each town of gent8oWie"rB!' 
the Commonwealth to designate some suitable person or ®'°- 
persons as a burial agent, who shall serve without com- 
pensation, and shall be other than the overseers of the 
poor or those employed by them, whose duty it shall be, 
under regulations established by the commissioners of 
state aid, to cause to be properly interred the body of 
any honorably discharged soldier, sailor or marine who 
served in the army or navy of the United States during 
the war of the rebellion, and the wives and Avidows or 
dependent mothers of the same in case such soldier, sailor 
or marine or such wives or widows or dependent mothers 
die without leaving sufficient means to defray funeral ex- 
penses : 2)>'0vided, hoiaever, that no wife or widow" of any Proviso. 
soldier, sailor or marine above described shall l)e eligible 
to receive the benefits of this act unless she was married 
to him prior to the year eighteen hundred and seventy. 
Where an interment has taken place without the knowl- 
edge of the burial agent application may be made to him 
within one week from the date of death, and if upon in- 
vestigation he shall find that the deceased was eligible 
under the law and the rules of the commissioners of state 
aid to receive the benefits of this act he may make return 
of the same in the manner prescribed for other cases. 
Section 2. This act shall take effect upon its passage. 

Approved February 23, 1900. 



Chap.103 



An Act making appropriations for salaries and expenses at 
the lyman school for boys. 

Be it enacted, etc., as folloius : 

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



72 



Acts, 1900. — Chap. 104. 



Lyman echool 
for boys. 



Expenses. 



Agents. 



Boarding out 
children. 



Instruction of 
certain children. 



mon wealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the payment of salaries and wages at the Lyman 
school for boys, a sum not exceeding twenty-eight thou- 
sand three hundred dollars. 

For other current expenses at the Lyman school for 
boys, a sum not exceeding forty-one thousand five hun- 
dred and thirty-five dollars. 

For salaries and expenses of such agents as the trustees 
of the Lyman and industrial schools may deem necessary 
to employ, a sum not exceeding seven thousand five 
hundred dollars. 

For expenses in connection with boarding out children 
by the trustees of the Lyman and industrial schools, a 
sum not exceeding five thousand five hundred dollars. 

For the 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 five hundred dollars. 

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

Approved February 23, 1900. 



C%ffl?.104 '^^ "^^^ ^^ EXEMPT THE TOWN OF HARVARD FROM MAINTAINING A 
HIGH SCHOOL OR PAYING THE TUITION OF ITS SCHOLARS IN OTHER 
TOWNS OR CITIES. 



Tuition of 
certain pupils in 
the town of 
Harvard. 



Proviso. 



When to take 
effect. 



Be it enacted, etc., as follows: 

Section 1. So long as there shall be provided in the 
Bromfield school in the town of Harvard free instruction 
satisfactory to a majority of the school committee of said 
town in all branches required by law to be taught in a 
high school, for all pupils living in said town of Harvard 
who may wish to attend said school, said town shall be 
exempt from all provisions of law now or hereafter in 
force requiring it to maintain a high school or to pay the 
tuition of pupils living in said town and attending a high 
school in another town or city : provided, that nothing in 
this act shall relieve the town of Harvard from its obliga- 
tion under existing or future laws to furnish free text 
books and supplies to pupils attending said Bromfield 
school. 

Section 2. This act shall take effect upon its accept- 
ance by the town of Harvard at a legal town meeting of 
said town. Approved February 23, 1900. 



Acts, 1900. — Chaps. 105, 106, 107. 73 



An Act to authorize the city of taunton to issue additional (7/^^71.105 
wateu bonds. 

Be it enacted, etc. , as folloios : 

Section 1. The city of Taunton, for the purposes Taunton water 
mentioned in section live of chapter two hundred and 
seventeen of the acts of the year eighteen hundred and 
seventy-tive and acts in addition thereto, may issue from 
time to time notes, bonds, scrip or certificates of debt, 
to be denominated on the face thereof, Taunton Water 
Loan, to an amount not exceeding one hundred thousand 
dollars in addition to the amounts heretofore authorized 
by law to be issued by it for the same purposes. Said 
notes, bonds, scrip or certificates of debt shall be payable 
within such period, not exceeding thirty years from the 
date thereof, as the city council of said city shall deter- 
mine. Except as herein otherwise provided the provisions 
of said chapter and of acts in addition thereto shall apply 
to the indebtedness hereby authorized and to the securi- 
ties issued therefor. 

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

Approved February 23, 1900. 

An Act relative to the practice of pharmacy. Glial) 106 

Be it enacted, etc., as folloivs: 

Section ten of chapter three hundred and ninety-seven isge, 397, § lo, 
of the acta of the year eighteen hundred and ninety-six "'"*'°'^^'^- 
is hereby amended by adding at the end thereof the fol- 
lowing : — A registered pharmacist who owns stock to LicenseBfor 
the actual value of at least five hundred dollars in a com- fng^uquo^!'*'*'" 
pany incorporated for the purpose of carrying on the drug 
business and who conducts in person the business of a 
store of such corporation, shall be considered as actively 
eno^aged in business on his own account within the mean- 
ing of this act, and may be considered as qualified to re- 
ceive such a license for said store. 

Approved February 23, 1900. 

An Act to authorize the town of Norwood to make an addi- Hhnjy 107 

TIONAL water LOAN. 

Be it enacted, etc., as follows : 

Section 1. The town of Norwood, for the purposes May issue 

. . 1 . A* ^ r \ i ' U4- i- f +1-. i- l>ondB, notes or 



74: 



Acts, 1900. — Chap. 108. 



of the year eighteen hundred and eighty-five, and for the 
further purpose of making additions to and extensions 
of the water works therein authorized, may issue bonds, 
notes or scrip to an amount not exceeding twenty-five 
thousand dollars in addition to the amounts heretofore 
authorized by law to be issued by said town for the same 
purposes. Said bonds, notes or scrip shall be issued 
upon the same terms and conditions as are provided in 
said act for the issue of the Norwood water loan by said 
town. 

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

Approved February 23^ 1900. 



Chap 



1899, 342, § 1, 
amended. 



Time ■within 
■which certain 
petitions for 
damages, etc., 
may be tiled 
extended. 



^][Q3 An Act to extend the time for filing petitions for damages 

AND offers of SURRENDER OF REAX ESTATE, UNDER THE ACT TO 
PROVIDE FOR A METROPOLITAN WATER SUPPLY. 

Be it enacted., etc., as follows: 

Section 1 . Section one of chapter three hundred and 
forty-two of the acts of the year eighteen hundred and 
ninety-nine is hereby amended by inserting after the word 
"determination", in the tenth and eleventh lines, the 
words : — of damajjes for the takino- of water rights where 
no land is taken in connection with such water rights, and 
for the determination, — and by inserting after the word 
" acts", in the eleventh line, the words : — and offers of 
surrender of real estate provided for in said acts, — so as 
to read as follows : — Section 1. Petitions under the pro- 
visions 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 year 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 estate or of any interest therein, and 
petitions for the determination of damages for the taking 
of water rights where no land is taken in connection with 
such water rights, and for the determination of all other 
damage provided for in said acts, and offers of surrender 
of real estate provided for in said acts, may be filed on or 
before the first day of July in the year nineteen hundred 
and one. 



Acts, 19U0. — Chaps. 109, 110. 75 

Section 2. This act shall not affect the provisions of ^i^n^'°f^^°7^" 
chapter five hundred and fifty-seven of the acts of the year etc., not 
eighteen hundred and ninety-eight, and shall not extend 
the time for tiling petitions for damages for the taking 
of land with which no water rights are connected, or for 
the taking of land with which water rights are connected 
when both such land and the water rights connected there- 
with are taken. 

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

Approved February 23, 1900. 



Chap.109 



An Act to exempt the city of chicopee from the provisions 
OF acts relative to the rate of taxation in cities. 

Be it enacted, etc., as follows : 

Section 1, The city of Chicopee is hereby exempted cuyofchicopee 

»/ i. cxGnintt^cl from 

from the operation of section one of chapter three hundred operation of 
and twelve of the acts of the year eighteen hundred and vL'^ions onaw, 
eighty-five, and of section one of chapter two hundred ^*''* 
and forty-seven of the acts of the year eighteen hundred 
and ninety-three as amended by chapter four hundred and 
forty-five of the acts of the year eighteen hundred and 
ninety-three, until the first day of January in the year 
nineteen hundred and five. 

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

Approved February 27, 1900. 



Chap.lW 



Ax Act to authorize the city of north adams to incur in- 
debtedness FOR the construction AND MAINTENANCE OF SEWERS. 

Be it enacted, etc., as follows. • 

Section 1, The city of North Adams is hereby au- North Adams 
thorized to issue from time to time in addition to the ^'^^^'"' ^°''"" 
amounts now authorized by law, notes, scrip or bonds, 
to be denominated on the face thereof, North Adams 
Sewer Loan, to an amount not exceeding fifty thousand 
dollars, payable at periods of not more than thirty years 
from the dates of issue respectively. The proceeds of such 
notes, scrip or bonds shall be used for constructing or 
maintaining sewers. 

Section 2. Said city instead of establishing a sinking May provide 
fund may at the time of authorizing said loan or any part raemsmi'io^an^' 
thereof provide for the payment thereof in annual pay- *^"=- 
ments of such amounts as will in the aggregate extinguish 
the same within the time prescribed in this act ; and when 



76 Acts, 1900. — Chaps. Ill, 112. 

such provision has been made the amount required thereby 
shall without further vote be assessed by the assessors of 
said city in each year thereafter, until the debt incurred 
by the said loan shall be extinguished, in the same manner 
in which other taxes are assessed under the provisions of 
section thirty-four of chapter eleven of the Public Statutes, 
p. 8. 29, etc., to 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 securi- 
ties issued therefor. 

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

Approved February 27, 1900. 

ChClV'^^^ ^^ "^^^ ^'^ AUTHORIZE THE CITY OF NEWTON TO DIVIDE WARD SIX 

INTO VOTING PRECINCTS. 

Be it enacted, etc., as follows: 
Ward 6, New- Section 1. The aldermcu of the city of Newton are 

ton, may be ^ , . .... 

divided into hereby authorized to divide ward six of said city into 
* precincts, so that the part thereof known as Chestnut 
Hill and the territory contiguous thereto shall constitute 
one such precinct and the remainder of said territory two 
or more precincts, according to the number of voters 
therein, under the provisions of the general laws relating 
to elections. The boundaries of such precincts shall so 
far as possible be the centre lines of known streets or 
ways, or other well defined limits. 

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

Approved March 1, 1900. 

(JJiaV.W2 ^^ ^^"^ RELATIVE TO MAKING CONNECTIONS OF ESTATES WITH 

SEWERS. 

Be it enacted, etc., as follows : 

189^31^9, §2, Section 1. Section two of chapter three hundred and 

nineteen of the acts of the year eighteen hundred and 
ninety-nine is hereby amended by striking out in the third 
line, the words "a public way", and inserting in place 
thereof the words : — a public or private street, court or 

Certain estates passageway, — SO as to read as follows: — Section 2. 

with public Whenever the board of health of a city or town making 
such appropriation shall order any real estate therein 
abutting upon a public or private street, court or pas- 



sowers. 



Acts, 1900. — Chap. 113. 77 

sagevray in uliich a public sewer has been laid, to be 
connected Avith such sewer, or whenever the owner of any 
such real estate shall make to the board or officer author- 
ized 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 2. This act shall take effect upon its passage. 

Approved March J, 1900. 

An Act to autiiouize the town of buckland to incur certain fyjjfjj^ 1 1Q 

INDEBTEDNESS FOR THE ERECTION OF A SCHOOL BUILDING, BEYOND ^ 

THE LIMIT F'lXED BY LA AY. 

Be it enacted, etc., as foUoivs : 

Section 1. The town of Buckland, for the purpose Town of Buck. 
of erecting a new school building and acquiring land ce^tainlndeb"-'^ 
therefor, may incur a debt not exceedino; fifteen thousand f^"^^**- '*«"® 
dollars, and may issue negotiable bonds therefor to an 
amount not exceeding said sum. Such bonds shall be 
payable at the expiration of periods not exceeding thirty 
years from the date of issue, shall bear interest at a rate 
not exceeding four per cent per annum, and shall be signed 
by the treasurer and countersigned by the selectmen of 
the town. The town may sell such securities at public or 
private sale, or pledge the same for money borrowed for 
the purposes of this act, upon such terms and conditions 
as it deems proper : provided, that said securities shall Proviso. 
not be sold or pledged for less than the par value thereof 
with accrued interest. 

Section 2. The indebtedness incurred under this act Not to be 
shall not be reckoned in determining the authorized limit detemiining 
of indebtedness of said town under the provisions of sec- '^^^^ '"""' ^'°" 
tion four of chapter twenty-nine of the Public Statutes 
and acts in amendment thereof; but the provisions of said 
chapter shall in all other respects apply to the indebted- 
ness authorized by this act and the securities issued here- 
under. 

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

Approved March 1, 1900. 



78 Acts, 1900. — Chaps. 114, 115, 116, 117. 



Chan. 1.14: -^^ -^^"^ '^^ provide for the ELECTION OF A CLERK OF COMMIT- 
TEES OF THE CITY OF WOBDRN. 

Be it enacted, etc., as follows: 
Clerk of com- Section 1. The citv couiicil of the city of Woburn 

mitteeetobe in ni ii/« • -i 

elected. shall anDually elect a clerk ot committees in the manner 

now provided by law for the election of a city clerk. 
Section 2. This act shall take eti'ect upon its passage. 

Approved March i, 1900. 

Chaj) '1-1^5 ^^ '^'^'^ RELATIVE TO THE SINKING FUNDS OF THE CITY OF 

WOBURN. 

Be it enacted, etc., as follows : 
Sinkingfund of Section 1 . The sinking fund commissioners of the 

city of Woburn. . n -mr ^ iii i i • • • i 

City 01 Woburn shall apply any surplus remaining in the 
treasury of its sinking fund beyond what is required in 
any calendar year for payment of the water debt of said 
city to the payment of other municipal debts maturing 
during the same year, 
^^p^'^^- Section 2. All acts and parts of acts inconsistent 

with the provisions of section one of this act are hereby 
repealed. 

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

Axfproved March 1, 1900. 

Chap.lliQ ^^ ^^''^ RELATIVE TO THE RECORDER AND ASSISTANT RECORDERS 

OF THE COURT OF REGISTRATION. 

Be it enacted, etc., as folloios : 

Jertain^provu *° Section 1. The rccordcr and all assistant recorders 
BionBofiaw. of the court of registration shall be subject to the provi- 
sions of chapter four hundred and thirty-eight of the acts 
of the year eighteen hundred and eighty-seven and acts 
in amendment thereof, so far as the same are applicable. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 1900. 

Gh<X7),WI ^'^ ^^"^ '^^ PROVIDE FOR THE DISPOSAL OF CHECKS GIVEN BY THE 
TREASURER AND RECEIVER GENERAL IN CERTAIN CASES. 

Be it enacted, etc., as folloivs : 

m^J'chelk! '^^'^' Section 1. The face value of all checks hereafter 
hereafter given givcn by the trcasurcr and receiver general and not paid 



Acts, 1900. — Chaps. 118, 119. 79 

within two years from the date of issue thereof shall by the treasurer 

»' ^ 1111 "'"' receiver 

revert to the treasury of tlie Commonwealth, and the general. 
amount due on account of said checks shall not be paid 
out of the treasury of the Commonwealth except upon an 
appropriation for the purpose by the general court. 

Section 2. The face value of all outstanding checks Disposal of 
which have been issued for the payment of bills by former sundiigchecks. 
treasurers and receiver generals of the Commonwealth 
and which shall not have been paid within one year from 
the date of the passage of this act shall revert to the 
treasury of the Commonwealth, and the amount due on 
account of such checks shall not be paid out of the treas- 
ury of the Commonwealth except upon an appropriation 
for the purpose hy the general court. 

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

Aiyproved March 1, 1900. 

An Act to extend the time within which the fitchburg and (JJirtj) WS 

ASHBY STREET RAILWAY COMPANY MAY CONSTRUCT AND OPERATE 
ITS RAILWAY. 

Be it enacted, etc. , as folloivs : 

Section 1. The time within which the Fitchburg and Time extended. 
Ashby Street Railway Company is authorized by chapter 
three hundred and fifty-two of the acts of the year eight- 
een hundred and ninety-eight to construct and operate its 
railway is hereby extended to the first day of November 
in the year nineteen hundred and two. 

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

Approved March 1, 1900. 

An Act relative to the repair of county buildings by day fJJinjj 11 9 

WORK. 

Be it enacted, etc., as follows: 

Section 1 . Section twenty-two of chapter twenty-two p. s. 22, § 52, 
of the Public Statutes, as amended by section two of chap- «tc.. ameuded. 
ter one hundred and thirty-seven of the acts of the year 
eighteen hundred and ninety-seven, is hereby amended 
by striking out the word " unanimous ", in the thirty-fifth 
line, and by inserting after the word "unless", in the 
thirty-ninth line, the words : — upon or with the bill the 
clerk of the county commissioners has duly certified that, 
— so as to read as follows : — /Section 22. All contracts certain con- 

■,,., .. /"I'lT ^l • f ' ^ tracts to be made 

made by the commissioners tor building, altering, lurnisn- iq writing, etc. 



80 Acts, 1900. — Chap. 119. 

fracu\°ob°emade ^^& ^^ repairing public buildings, or for the construction 
in writing, etc. of pubHc works, or for the purchase of supplies, shall, if 
exceeding eight hundred dollars in amount, be made in 
writing, after notice for proposals therefor has been pub- 
lished at least three times in some newspaper published 
in the city or town interested in the work contracted for, 
if any newspaper is there published, otherwise in the 
newspaper of most general circulation in the county, and 
posted in a conspicuous place in the county court houses 
in such county for at least one week. The count}^ com- 
missioner shall, in each case, make a certificate under 
oath of such publication and posting, which certificate 
shall be filed with the county treasurer, to be kept by him 
as a voucher in the manner prescribed by law. All pro- 
posals shall be publicly opened in the presence of a major^ 
ity of the county commissioners, and a record thereof 
shall be made upon the record of the county commission- 
ers. In case of emergency however repairs may be con- 
tracted for without such advertisement or posting. The 
count}^ commissioners shall certify to the existence of 
such emergency upon the orders to the county treasurer 
for payment of all bills for such repairs. All contracts 
made under the provisions of this section, and all changes 
in, or additions to, or agreements or orders for extras 
under such contract, shall be in writing, and recorded in 
a book to be kept for the purpose with the records of the 
county. No contract made in violation of the provisions 
of this section shall be valid against the county, and no 
payment thereon shall be made from the county treasury. 
Nothing- contained in this section shall be construed to 
prevent county commissioners from causing county build- 
ings to be repaired by day work, whenever, in the judg- 
ment of the board, to be expressed in a vote, the best 
interests of the county require such a course ; but no bill 
in excess of eight hundred dollars for repairs done by day 
work shall be paid by the county treasurer unless upon or 
with the bill the clerk of the county commissioners has 
duly certified that such a vote appears upon the records 
of the county commissioners. 

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

Approved March i, 1900. 



Acts, 1900. — Chaps. 120, 121, 122. 81 

An Act kf.lative to caucuses held pkepakatory to national (7/iftO.120 

PAKTY CONVENTIONS. 

Be it enxxctedy etc., as folio ws: 

Section 1. The provisions of law relative to caucuses CaucuseH heia 
of })olitical parties shall ap})l3^ to caucuses of such parties uationai party 
held for the choice of delegates to conventions held to '=<>°^*'"'^'°"«- 
elect delegates to national conventions for the nomina- 
tion of candidates for president and vice president of the 
United States. 

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

Approved March i, 1900. 

An Act to establish the name op the town of Swansea. Chan I'^l 
Be it enacted, etc. , as follows : 

Section 1. The name of the town heretofore variously Name of town 
spelled Swansea, Swansey and Swanzey shall be Swansea, estabiuhed. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 1900. 



Cha2J.122 



An Act to incorporate the johnson buildings. 
Be it enacted, etc., as follows: 

Section 1. George W. Johnson, Edward C. Johnson joimson suiid- 
and Wolcott H. Johnson, their associates and successors, rafed.°'^°'^^" 
are hereby made a corporation by the name of Johnson 
Buildings, for the purpose of holding, managing, improv- 
ing and leasing the real estate in the city of Boston on 
Federal street and on Summer street lately belonging to 
Charlotte A. Johnson, deceased, and by her last will and 
testament devised in trust, and such other real estate 
adjoining the same or near thereto as they may hereafter 
purchase, and of performing all legal acts which may 
be necessary for accomplishing such purpose ; with the 
powers and privileges and subject to the duties, liabili- 
ties and conditions set forth in all general laws which 
now are or hereafter may be in force applicable to such 
corporations. 

Section 2. Said corporation may sell or mortgage Mayeeiior 
the whole or any part of the real estate which it is riinrela^esute. 
allowed by this act to hold. 

Section 3. The capital stock of said corporation shall Capuai stock. 
not exceed three hundred and fifty thousand dollars. 



82 Acts, 1900. — Chaps. 123, 124, 125. 

The shares shall be of the par value of one hundred dol- 
lars each, and no share shall be issued except for cash 
actually paid in or property actually conveyed ; and the 
value of such property shall be determined by the com- 
missioner of corporations. 

Section 4. This act shall take effect upon its passage. 

Approved March 2, 1900. 

C^tt^.123 -^^ -'^CT TO EXTEND THE TIME FOR CONSTRUCTING AND OPERATING 

THE TEMPLETON STREET RAILWAY. 

Be it enacted, etc., as follows: 

1896, 205, §9, Section 1. Section nine of chapter two hundred and 

five of the acts of the year eighteen hundred and ninety-six, 
as amended by chapter sixty-one of the acts of the year 
eighteen hundred and ninety-eight, is hereby amended by 
striking out the word "four", in the fourth line, and 
inserting in place thereof the word: — five, — so as to 

Authority to read as follows : — Section 9. The authority herein 

ceaee under i i ii i i • • i 

certain condi- granted shall cease as to the location m any town, when 
no portion of the proposed road has been built and put 
in operation at the end of five years from the passage of 
this act. 

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

Approved March 6, 1900. 



etc., amended. 



tiODS 



Chaj).124: 



An Act to extend the time within w^hich the barre street 
railavay company may construct and operate its railway. 

Be it e7iacted, etc., as follows : 
Time extended. xhc time withiu which the Barre Street Railway Com- 
pany is authorized by chapter two hundred and seventeen 
of the acts of the year eighteen hundred and ninety-seven 
to construct, maintain and operate its railway is hereby 
extended to the first day of April in the year nineteen 
hundred and two. Approved March 6, 1900. 

Ohnn 1'>*'o -^^ ^^'^ '^'^ CONFIRM the grants of locations to the w^orces- 

"' TER and CLINTON STREET RAILWAY COMPANY IN THE TOWNS OF 

CLINTON AND BOYLSTON. 

Be it enacted, etc. , as folloivs : 

Certain grants SECTION 1. The scvcral locations heretofore granted 
cii'ntoTand '° to the Worcestcr and Clinton Street Railway Company 
flrmed°etc?°" ^y the Selectmen of the towns of Clinton and Boylston, 



Acts, 1900.— Chap. 126. 83 

and the substitute locations granted therefor, arc hereby certain grants 
ratified and contirmed as of their respective dates, and cyn"ton'and'° 
permission is hereby granted to the said Worcester and fir°^ed°"tc?"" 
Clinton Street Railway Company, its successors and as- 
signs, to enter upon, construct, maintain and operate a 
single track railway, with the necessary turn-outs and 
switches, through Boylston street in Clinton and the new 
state highway in Boylston, as follows : — Beginning at a 
point near the Lancaster Mills bridge in said Clinton, 
thence over the easterly side of the new state highway 
recently laid out by the metropolitan water board, known 
as Boylston street, to a point where said highway inter- 
sects the line between the towns of Boylston and Clinton, 
thence through the state highway in the town of Boyl- 
ston constructed by the metropolitan water board to the 
point where said highway joins the old county road be- 
tween said towns, subject to the limitations and condi- 
tions that have been or may be imposed by the selectmen 
of said towns. 

Section 2. The locations and franchises hereby con- to be deemed 
firmed and granted shall be deemed to be substitutes for for'Tocatio^ns"*^* 
the locations and franchises heretofore granted by the |fant''ed?'°^°'^^ 
selectmen of the towns of Clinton and Boylston, and 
shall be deemed and held to be granted as of the original 
dates thereof, and all liens, mortgages and other incum- 
brances placed upon the locations and franchises hereto- 
fore granted to the said Worcester and Clinton Street 
Railway Company for the security of its mortgage bonds 
shall attach to and be incumbrances upon the locations 
and franchises hereby granted and confirmed. 

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

Approved March 6, 1900. 



Chap.126 



An Act to extend the time for filing petitions for the as- 
sessment OF DAMAGES IN CERTAIN CASES. 

Be it enacted, etc., as follovjs : 

Section 1. The time within which any person suffer- Time extended. 
ing damage from the taking of or injury to any land, 
water course, right or easement taken or injured under 
the provisions of chapter four hundred and twenty-six of 
the acts of the year eighteen hundred and ninety-seven is 
hereby extended until the expiration of three years from 
the time of such taking or injury. 

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

Approved March 7, 1900. 



84 



Acts, 1900. — Chaps. 127, 128. 



Chap.121 



Trustees for 
preparative 
meetings of 
the society of 
Frieuds, ap- 
poiutment, etc. 



To be subject 
to certain pro- 
visions of law, 
etc. 



Conveyance of 
real estate. 



Certain powers 
of overseers not 
affected. 



An Act to provide for the appointment of trustees for pre- 
parative MEETINGS OF THE SOCIETY OF FRIENDS OR QUAKERS. 

Be it enacted, etc., as foUoivs : 

Section 1 . Any monthly meeting of the people called 
Friends may appoint, in such manner and for such time 
as it may decide, three members of any preparative meet- 
ing belonging to or forming a part of said monthly meet- 
ing, to act as a board of trustees, who shall with their 
successors be a l)ody corporate, for the purpose of tak- 
ing, holding, managing or convejnng any real estate now 
owned or in any way hereafter acquired by such prepara- 
tive meeting. Said trustees shall be subject to all the 
provisions of section eight of chapter thirty-nine of the 
Public Statutes applicable to the overseers of any monthly 
meeting ; and any real estate the legal title of which is 
now vested in the overseers of such monthly meeting as 
a body corporate shall be transferred by said overseers to 
said trustees, to be held in trust in like manner by them. 

Section 2. No conveyance of said real estate shall be 
effectual to pass the same if made by the aforesaid trustees 
without the consent in writing of the preparative meeting, 
granted as the decision of said meeting. 

Section 3. Nothing in this act shall be construed to 
aflect the powers of the overseers of any monthly meet- 
ing, as set forth in section eight of chapter thirty-nine 
of the Public Statutes, to receive, hold, manage or convey 
any personal estate granted for the use and benefit of such 
monthly meeting, or for the use and benefit of any pre- 
parative meeting belonging thereto. 

Section 4. This act shall take effect upon its passage. 

Approved March 7, 1900. 



Ch(iP.\2iS ^^ ■^^'^ RELATIVE TO THE DESTRUCTION OF HAWKS IN THE COUNTY 

OF DUKES COUNTY. 



1890, 237, § 2, 
amended. 



Destruction of 
hawks, etc., in 
the county of 
Dukes County. 



Be it enacted, etc., as follows : 

Section 1. Section two of chapter two hundred and 
thirty-seven of the acts of the year eighteen hundred and 
ninety is hereby amended by inserting before the word 
"foxes", in the third line, the word: — hawks, — so as 
to read as follows : — Section 2. The county commis- 
sioners of the county of Dukes County are hereby em- 
powered to offer a reward for the destruction of hawks, 



Acts, 1900. — Chaps. 129, 130. 85 

foxes and raccoons, and to authorize the payment of the 
same from the county treasury, upon proper proof of such 
destruction. 

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

Approved 3Iarcli 7, 1900. 



Chap.l2^ 



etc., amended. 



An Act kklative to the maintenance of bastakd ciiiluken. 
Be it enacted, etc., as follows: 

Section 1. Section two of chapter eiglity-live of the p. s.ss, §2. 
Public Statutes, as amended by section four of chapter 
one hundred and one of the acts of the year eighteen 
hundred and eighty-six, and by section twenty-eight of 
chapter four hundred and thirty-three of the acts of the 
year eighteen hundred and ninety-eight, is hereby further 
amended by inserting after the word "she", at the end 
of the seventh line, the words : — dies or, — so as to read 
as follows : — Section 2. If a woman entitled to make a whomaycom. 
complaint refuses or neglects so to do when requested by ^oman^r^efuLs. 
an overseer of the poor of the place where she resides or 
has her settlement, or one of the state board of insanity, 
or the superintendent of the state almshouse, or a person 
authorized by either of them to make the request, or either 
of her parents or her guardian, the person so requesting 
may make the complaint ; and when already made, if she 
dies or refuses or neglects to prosecute the same, either 
of said persons may prosecute the case to final judgment, 
for the benefit of the parent, guardian, city, town, or state. 

Section 2. This act shall apply to all cases now or to apply to 
hereafter pending. pending ca^eB. 

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

Apptroved March 7, 1900. 

An Act to change the name of the Cambridge safe deposit (7/^,^0.130 
and trust company. 

Be it enacted, etc., asfolloios: 

Section 1. The name of the Cambridge Safe Deposit Name changed. 
and Trust Company is hereby changed to the Cambridge 
Trust Company. 

Section 2. This act shall take effect ten days after its 
passage. Approved March 7, 1900. 



86 Acts, 1900. — Chap. 131. 



ChctP.VSli ^^ ^CT TO ESTABLISH THE BOUNDARY LINE BETWEEN THE COM- 
MONWEALTH OF MASSACHUSETTS AND THE STATE OF VERMONT. 

Be it enacted, etc., as foUoivs: 

Boundary line Section 1. The bouiidary line between the Common- 
chusettsand Wealth of MassEchusetts and the state of Vermont shall 
iish^°° ^*^ be and hereby is fixed as follows, to wit: — Beo;inning at 
a stone bound standing on the easterly slope of a hill, in 
latitude forty-two degrees forty-four minutes forty-five and 
two hundred and one thousandths seconds north, longitude 
seventy-three degrees fifteen minutes fifty-four and nine 
hundred and four thousandths seconds west from Green- 
wich, and marking the northwest corner of the Common- 
wealth of Massachusetts, a corner in the easterly line of 
the state of New York, and a point in the southerly line 
of the state of Vermont ; thence the line runs south, eighty- 
eight degrees twenty-six minutes twelve seconds east, one 
hundred and three thousand seven hundred and twenty- 
four and eight tenths feet, to a stone monument called 
Jilson corner, a short distance south of the summit of 
Jilson hill, between the towns of Whitingham in Vermont 
and Rowe in Massachusetts ; thence south, eighty-eight 
degrees eleven minutes eleven seconds east, twenty-eight 
thousand nine hundred and twenty-two feet, to a stone 
monument called Phillips, on the northerly side of Chris- 
tian hill, between the towns of Halifax in Vermont and 
Colrain in Massachusetts ; thence south, eighty-seven de- 
grees fifty-one minutes forty seconds east, thirty-five thou- 
sand three hundred and eighty-six feet, to a stone monument 
called Ley den, situated between the towns of Guilford in 
Vermont and Leyden in Massachusetts, at a point located 
by Simeon Borden in his survey of Massachusetts made 
under the authority of chapter fifty-eight, resolves of eight- 
een hundred twenty-nine and thirty ; thence south, eighty- 
seven degrees fifty minutes fifteen seconds east, forty-eight 
thousand seven hundred and sixty-five feet, to a copper 
bolt in a granite pier in the westerly bank of the Connect- 
icut river, at the southeast corner of the state of Vermont 
and the southwest corner of the state of New Hampshire, 
in latitude forty-two degrees forty-three minutes thirty- 
seven and two tenths seconds north, longitude seventy- 
two degrees twenty-seven minutes thirty-two and one 
tenth seconds west from Greenwich. The location of 



Acts, 1900. — Chap. 131. 87 

this pier is indicated by a large polished granite monu- Boundary line 

, , .1 ^ 1 I i« J.1 • 1 I • 1 between Massa- 

ment set on the western bank or the river above nigli cIhircus and 
water mark, bearing north, eighty-seven degrees forty- iTtThed?"' *^*"'''" 
six minntes forty-iivc seconds west, and distant live hun- 
dred and eighty-two feet from the pier. The bearings 
given in each case are those made with the meridian, 
midway between the ends of the lines. In addition to 
the monuments set at the ends of the straight lines other 
monuments have been set at the points of intersection of 
the boundary line with highways and boundary lines of 
towns in Massachusetts, and iron bolts have been placed 
at a few other points along the line. These additional 
marks are described as follows : — Beginning at said north- 
west corner of Massachusetts ; thence easterly, about five 
thousand two hundred and fift3'-four feet, to a monument 
at the east side of the Pratt road ; thence easterly, about 
eight thousand five hundred and sixty feet, to a monument 
at the west side of the road at the Hoosac river ; thence 
easterly, about six thousand seven hundred and ninety 
feet, to a monument at the east side of the easterly road 
between Williamstown and Pownal ; thence easterly, about 
six thousand five hundred and forty-nine feet, to a monu- 
ment between the towns of Williamstown and Clarks- 
burg ; thence easterly, about two thousand one hundred 
and eighty-three feet, to an iron bolt in the summit of 
Clarksburg mountain ; thence easterly, about ten thou- 
sand and ninety-seven feet, to a monument on the easterly 
side of Peek's Bridge road ; thence easterly, about seven 
thousand seven hundred and sixty feet, to a monument at 
the west side of a road ; thence easterly, about four thou- 
sand six hundred and seventy-two feet, to a monument at 
the west side of the road by the Stamford House ; thence 
easterly, about two thousand five hundred and forty-two 
feet, to a monument at the west side of the road at the 
west base of Florida mountain ; thence easterly, about 
three thousand six hundred and eighty-one feet, to a 
monument between the towns of Clarksburg and Florida ; 
thence easterly, about two thousand three hundred and 
seventeen feet, to an iron bolt in the ledge at the summit 
of Florida mountain ; thence easterly, about three hun- 
dred and sixteen feet, to a monument at the west side of 
the Wiley Mill road ; thence easterly, about four thousand 
two hundred and fifty feet, to a monument between the 
towns of Florida and Monroe ; thence easterly, about 



Acts, 1900. — Chap. 131. 



Boundary line 
between Massa- 
chuBettB and 
Vermont estab- 
lished. 



three thousand three hundred and twenty-four feet, to a 
monument on the east side of the road by John J. Turner's ; 
thence easterly, about twelve thousand six hundred and 
eighty-one feet, to a monument at the east side of the 
Oakes road ; thence easterly, about three thousand two 
hundred and fifty feet, to a monument at the east side of 
a road ; thence easterly, about six thousand five hundred 
and thirty-six feet, to a monument at the west side of the 
road on the west bank of the Deerfield river ; thence east- 
erly, about four hundred and seventy feet, across the Deer- 
field river, to a monument at the east side of the road on 
the east bank of the river ; thence easterly, about seven 
thousand one hundred and forty-four feet, to a monument 
on the w^est side of the road from Readsboro to Heath ; 
thence easterly, about three thousand eight hundred and 
fifty feet, to a monument at the west side of a road ; thence 
easterly, about one thousand four hundred and seventy- 
four and eight tenths feet, to the monument at Jilson hill ; 
thence easterly, about two thousand three hundred and 
seventy-nine feet, to a monument at the west side of the 
Stone road ; thence easterly, a])out one thousand five hun- 
dred and forty-two feet, to a monument between the towns 
of Rowe and Heath ; thence easterly, about one thousand 
seven hundred and fifty-three feet, to a monument at the 
west side of the Hampilton road ; thence easterly, about 
five thousand four hundred and fifty-two feet, to a monu- 
ment at the west side of the Williams road ; thence east- 
erly, about five thousand six hundred and sixty-one feet, 
to a monument at the east side of the Fairbanks road ; 
thence easterly, about six thousand eight hundred and 
thirteen feet, to a monument between the towns of Heath 
and Colrain ; thence easterly, about one thousand three 
hundred and sixty-two feet, to a monument at the east 
side of the Cemetery road ; thence easterly, about one 
thousand eight hundred and forty feet, to a monument at 
the west side of the Back road ; thence easterly, about 
two thousand one hundred and twenty feet, to the monu- 
ment called " Phillips" ; thence easterly, about eight hun- 
dred and forty and seven tenths feet, to a monument at 
the west side of the Phillips road ; thence easterly, about 
twelve thousand five hundred and eleven and three tenths 
feet, to a monument at the west side of the Stark road ; 
thence easterly, about four hundred and forty-nine feet, 
to a monument at the west side of the Branch road ; thence 



Acts, 1900. — Chap. 131. 89 

easterly, about seven thousand three hundred and sixty- Boundary une 

,. *,, j.v_ji j_'i /'ji 1 between Massa- 

nine teet, to a monument at the east side or the road near ohuHeitsand 
the Legate house ; thence easterly, al)out one thousand ysuibnJ'hed. 
six hundred and tifty-one feet, to a monument at the east 
side of a road ; thence easterly, about two thousand six 
hundred and eiglity-two feet, to a monument at the west 
side of the road on the west bank of Green river ; thence 
easterly, about four hundred and eighty-five feet, to a 
monument between the towns of Colrain and Leyden ; 
thence easterly, about three thousand six hundred and 
twenty-three feet, to a monument at the east side of the 
Spear road ; thence easterly, about four thousand nine 
hundred and eighteen feet, to a monument at the east 
side of the Alexander road ; thence easterly, about eight 
hundred and tifty-seven feet, to the monument called 
" Leyden" ; thence easterly, about six thousand one hun- 
dred and twenty-seven feet, to a monument at the west 
side of the Miner road ; thence easterly, about nine hun- 
dred and seventy-eight feet, to a monument on the west 
side of the Barker road ; thence easterly, al)out three thou- 
sand nine hundred and forty-eight feet, to a monument 
between the towns of Leyden and Bernardston ; thence 
easterly, about one thousand five hundred and two feet, 
to a monument at the east side of the Stebbins road ; 
thence easterly, about five thousand three hundred and 
thirty-two and five tenths feet, to a monument at the 
west side of a road ; thence easterly, about eleven thou- 
sand eight hundred and twenty-four and four tenths feet, 
to a monument on the east side of the Allen road ; thence 
easterly, about three thousand three hundred and sixty- 
seven and seven tenths feet, to a monument between the 
towns of Bernardston and Northfielcl ; thence easterly, 
about six thousand five hundred and seventy-four feet, 
to a monument at the east side of an old road ; thence 
easterly, about seven thousand four hundred and five and 
six tenths feet, to a monument at the west side of Main 
street ; thence easterly, about seven hundred and seventy- 
seven feet, to a monument at the east side of the Connect- 
icut River raih'oad ; thence easterly, about three hundred 
and forty-six and four tenths feet, to the large polished 
granite marker monument on the w^est bank of the Con- 
necticut river ; thence easterly, five hundred and eighty- 
two feet, to the monument between the states of Vermont 
and New Hampshire. 



90 



Acts, 1900. — Chap. 131. 



Location of 
line. 



Monument at 
northwest 
corner of Mas- 
eachusetts de- 
scribed. 



Monuments at 
road crossings. 



MonumentB at 
town corners. 



Monument at 
angle on Jilson 
hill. 



Monument at 
the Leyden 
angle. 



Bound, how 
secured. 



Southwest 
corner of New 
Hampshire and 
eoutbeastcorner 
of Vermont, 
how marked. 



The location of the line is shown on a plan marked 
" Map of the Massachusetts and Vermont boundary line, 
from northwest corner of Massachusetts to Connecticut 
river ", and signed by the commissioners of both states, 
which, together with a printed description of the line and 
the monuments marking it, were filed in the office of the 
secretary of the Commonwealth, January 1, 1000. 

The monument at the northwest corner of Massachu- 
setts is a light colored granite bound, eight feet long, 
fourteen inches square, dressed on top and down three 
feet on each side and set nearly five feet into the ground. 
The faces opposite the diflerent states are marked as fol- 
lows : New York, "N. Y. 1898." Massachusetts. "Mass 
1896." Vermont, " Vt 1896." 

The monuments at road crossings are marked by similar 
bounds, marked "Mass 1896" and " Vt 1896" on oppo- 
site sides. 

The monuments at the town corners are similar bounds, 
ten inches square, marked on opposite sides " Mss 1896 " 
and " Vt 1896." They are also marked with the initial 
letter of the names of the towns between which they 
stand. 

The monument at the angle on Jilson hill is like those 
at the road crossings, except that it has in addition the 
word " Jilson " cut in it. 

The monument at the Leyden angle is a granite block, 
eighteen inches square and two feet high, dressed on three 
sides, marked on north and south faces like the road stones, 
on the east "Lyden." A cavity five inches deep is cut 
in the top, and around the cavity is cut " Borden, 1834." 

The bound is secured to the ledge by an iron dowell, 
one and three quarters inches in diameter, three feet long, 
the whole being secured by lead and Portland cement. 

The southwest corner of New Hampshire and southeast 
corner of Vermont is 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 monu- 
ment, five hundred and eighty-two feet distant, on the 
western bank of the river above high water mark, and 
marked with the names of the commissioners and sur- 
veyors of the three states on the north, south and east 
sides. On the west side the distance and direction to 
and description of said corner are given, with latitude 
and longitude of the same. 



Acts, 1900. — Chaps. 132, 183. 91 

Section 2. This act shall take effect when a similar when to take 
act is })assed by the state of Vermont establishing the line *' 
described in this act. Approved March 8, 1900. 

As Act relative to the wokcestek keal estate association', njiaj) 13'> 
Be it enacted., etc., as follows: 

Section two of chapter four hundred and twenty-eight 1 896, 428, § 2, 
of the acts of the year eighteen hundred and ninety-six 
is hereby amended by striking out all of said section after 
the word "lease ", in the second line, and inserting in place 
thereof the words : — a certain parcel of real estate in the 
city of AVorcester, being all that portion of the Wetherell 
farm, so-called, lying southerly of Pleasant street and west- 
erly of June street, comprising about seventeen acres, and 
to improve the same by the erection of dwelling houses, 
stores and other buildings thereon, or otherwise as may 
be expedient, — so as to read as follows : — Section 2. **?y ^"}'' <^f; 

mi •! •1111 1 11 tain real estate. 

The said corporation shall have power to purchase, hold, etc. 
sell, mortgage, let and lease a certain parcel of real estate 
in the city of Worcester, being all that portion of the 
Wetherell farm, so-called, lying southerly of Pleasant 
street and westerly of June street, comprising about sev- 
enteen acres, and to improve the same by the erection 
of dwelling houses, stores and other buildings thereon, 
or otherwise as may be expedient. 

Approved March 8, 1900. 

An Act to extend the provisions of the civil service law njff/j) 13^ 

TO THE POLICE AND EIRE FORCES OF THE TOWN OF NATICK. 

Be it enacted, etc., asfoUoivs: 

Section 1. The provisions of chapter three hundred ^'''' ^erv'«e act 
and twenty of the acts of the year eighteen hundred and police and Are 
eighty-four, entitled " An Act to improve the civil service 
of the Commonwealth and the cities thereof", and of all 
acts in amendment thereof, and the civil service rules 
thereunder which relate to the police and fire forces of 
cities of the Commonwealth other than the city of Boston, 
are hereby extended and made applicable to the members 
of the regular police force and all members of the fire 
force of the town of Natick. 

Section 2. All members of said regular police and ^erm of office. 
fire forces shall continue to hold their respective offices 
until resignation or removal. 



92 



Acts, 1900. — Chap. 134. 



Removals, 



When to take 
effect. 



Section 3. No member of either of said forces shall 
be removed except for cause shown, after a full hearing 
before the selectmen of said town, at which hearing the 
member in question shall have the right to be present and 
to be represented by counsel. 

Section 4. This act shall take effect upon its accept- 
ance by a majorit}^ of the legal voters of said town present 
and voting thereon at an annual town meeting or at any 
town meeting duly called for the purpose. If the vote 
thereon is taken at an annual town meeting it shall be by 
official ballot in answer to the question, "Shall an act 
passed by the general court in the year nineteen hundred, 
to extend the civil service law to the police and fire forces 
of Natick, be accepted?" Approved March 8, 1900. 



Chap.134: 



Old Kirk Ceme- 
tery Associa- 
tion incorpo- 
rated. 



May acquire 
and hold certain 
real and per- 
sonal estate. 



Grants, be- 
quests, etc. 



Powers, duties, 
etc. 



An Act to incorporate the old kirk cemetery association. 
Be it enacted, etc., as follows: 

Section 1. Charles O. Sweet, Amelia D. Sheffield, 
Calista C. Thacher, Everett S. Horton, George A. Dean, 
Joseph L. Sweet, Abijah T. Wales, Homer M, Daggett, 
Lydia D. Peck, John M. Fisher and Frank I. Babcock, 
their associates and successors, are hereby made a cor- 
poration by the name of Old Kirk Cemetery Association, 
for the purpose of acquiring, holding and improving the 
cemetery adjacent to the Second Congregational Church 
in Attleborough. 

Section 2. Said corporation may acquire and hold, 
for the purposes of its incorporation, real and personal 
property to an amount not exceeding ten thousand dollars 
in addition to such interest as it may acquire in said ceme- 
tery and in addition to property held under the provisions 
of the following section. 

Section 3. Said corporation is hereby authorized to 
take, hold and apply any grant, gift or bequest of prop- 
erty, in trust or otherwise, for the improvement or em- 
bellishment of said cemetery or any part thereof, or of 
any lot or structure therein ; and when such grant, gift 
or bequest is made in trust the said corporation shall give 
an obligation to the grantor or donor, or his representative, 
or to the representative of the testator, on such conditions 
as it may establish, binding itself to carry out the terms 
of the trust. 

Section 4. Except as herein otherwise provided said 
corporation shall have all the powers and privileges and 



Acts, 1900. — Chaps. 135, 136. 93 

shall be subject to all the duties, restrictions and liabilities 
set forth in all general laws now or hereafter in force re- 
lating to cemetery corporations. 

Section 5. Any person having burial rights or other MemherBhip. 
property interest in said cemetery may become a member 
of the corporation by application to the secretary and by 
compliance W'itli the provisions of its by-laws. 

Section 6. This act shall take efl'ect upon its passage. 

Ai^proved March 8, 1900. 

Ax Act relative to the appointment op certain officers op (Jhrij) ^35 
THE CITV of NEAVTON. 

Be it enacted, etc. , as foUoivs : 

Section 1. The mayor and aldermen of the city of ^fP^X,*;^^"* 
Xewton shall appoint constables and all other boards and officers in 

/T» -1111 f 1 /^ 111 Newton. 

oifacers required by the laws ot the Commonwealth or by 
the ordinances of the city, whose selection is not otherwise 
provided for in the charter of said city or in special laws 
relating thereto, to hold office until they resign or are 
removed by the mayor with the consent of the aldermen. 
But this act shall not apply to the appointment or term of 
office of election officers. 

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

Approved March <?, 1900. 

An Act to confirm the transfer by the merchants and manit- njin-Q 1 3(3 
facturers life association of its risks to the colonial life 
association. 

He it enacted, etc., as foUoivs : 

Section 1. The agreement between The Merchants Transfer of 
and Manufacturers Life Association, of Westfield, Massa- "sks confirmed. 
chusetts, and the Colonial Life Association, of Boston, 
whereby the risks of The Merchants and Manufacturers 
Life Association were transferred to the Colonial Life 
Association, which agreement was approved by the insured 
at a meeting to consider the same called for and held on 
the fifteenth day of June in the year eighteen hundred and 
ninet3-nine, is hereby ratified and confirmed. 

Section 2. The treasurer of the Commonwealth is Funds, etc., to 
hereby authorized to transfer the funds and securities to ti'rc^re^iTof 
depos"ited with him by the said The Merchants and Manu- ui^^B^o'^L 
facturers Life Association to the credit of the Colonial ''^n. 



94 Acts, 1900. — Chaps. 137, 138, 139. 

Life Association, and to hold the same as though deposited 
by said Colonial Life Association as a part of its emer- 
gency fund. 

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

Approved March 9, 1900. 

C!}lCl7).\^l ^^ "^^^ '^*-* ESTABLISH THE SALARY OF THE THIRD DEPUTY IN THE 
OFFICE OF THE CONTROLLER OF COUNTY ACCOUNTS. 

Be it enacted, etc., as folloivs: 

fiehe'd ^^^^' '^^^ salary of the third deputy in the office of the con- 

troller of county accounts shall be twelve hundred dollars 
a year, to be so allowed from the first day of January in 
the year nineteen hundred. Approved March 9, 1900. 

Chaj).^3S ^^ ^*^^ '^^ ESTABLISH THE OFFICE OF CLERK OF THE POLICE COURT 

OF LEE. 

Be it enacted, etc., as foUoivs : 

court o/ Lee''*' Section 1. There shall bc appointed by the govcmor, 
appointment' with the advicc and consent of the council, a clerk of the 

etc. 

police court of Lee, who shall perform the services and 
have the powers now prescribed hy law in the case of 
clerks of like courts in this Commonwealth. The appoint- 
ment shall date from the first day of July in the year nine- 
teen hundred. 
Salary. Section 2, The Salary of the said clerk shall be five 

hundred dollars a year, and it shall be paid by the county 
of Berkshire. 

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

Approved March 9, 1900. 

Ch(XnA3Q An Act to provide for the laying out and construction of 

CARLETON STREET IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 
Construction, SECTION 1. The board of street commissioners of the 

etc., of a certain . /. r> • i i /> i 

street in Boston, city oi Bostou, With the approval of the mayor, may lay 
out and order the construction of a street for so much of 
the distance l)etween Yarmouth street and Massachusetts 
avenue as said board shall deem that public necessity and 
convenience require, and the superintendent of streets of 
said city, or such other officer as the mayor shall designate, 
shall forthwith construct said street and the connections 



Acts, 1900. — Chap. 140. 95 

and intersections of other streets ^\ itli the same, in accord- 
ance with the widths and lines as so laid out and on such 
grades and with such covcrins:, sidewalks, edgestones and 
other particulars of construction, as ho shall deem proper. 

Sectiox 2, The cost of such laying out and con- Payment of 
struction, including the expense of taking land, and all '"'^'' 
other doings, shall be paid from the proceeds of bonds of 
said city, which shall be issued within its debt limit by 
the city treasurer from time to time on the request of the 
mayor, and said board after said street has been constructed 
shall assess a proportional share of said cost upon all such 
real estate, whether a part thereof is taken for said street 
or whether it be situated on said street or otherwise, as 
said board shall adjudge receives any benefit and advan- 
tage from such laying out and construction beyond the 
general advantage to all real estate in said city, to the 
extent of the total amount of such adjudged benefit and 
advantage, and the part of said expense not so paid shall 
be borne by the city of Boston. 

Section 3. Except as otherwise specified herein sec- certain pro- 
tions two, three, five, six, seven and eight of chapter fifty- to^apply/etc!^ 
one of the Public Statutes shall apply to said laying out 
and construction and to such assessments ; but in deter- 
mining the damages sustained by the taking of any part 
of an estate no allowance shall ])e made by way of set-oft* 
for benefit resulting to the remainder of such estate. 

Section 4. This act shall take effect upon its passage. 

Ap2)roved March 9, 1900. 

Ax Act to authorize the toavx of Arlington to maintain as (JJiaij 1 40 

A PUBLIC PARK ITS RESERVOIR AND LANDS HELD FOR THE PUR- 
POSES OF A WATER SUPPLY. 

Be it enacted., etc., as foUoivs : 

Section 1. The town of Arlington may annually ap- Mayappropri. 
propriate, to be expended under the direction of its park plfrrpurpoles. 
commissioners in conjunction with its water commissioners, 
such sums of money as it shall deem advisable for the 
maintenance as a pul)lic park of its reservoir and any or 
all lands held by it under the provisions of chapter two 
hundred and forty-two of the acts of the year eighteen 
hundred and seventy-three and of the acts to which that 
act is in addition ; but nothing herein contained shall take certain rights 
from said water commissioners any of the rights given to mirstonerT.'^ic., 



96 Acts, 1900. — Chaps. 141, 142. 



not affected, them by chapter four hundred and eighty-eight of the acts 
of the }■ ear eighteen hundred and ninety-five, or otherwise, 
or take from the town the right to maintain and keep its 
water supply as an auxiliary supply to the metropolitan 
water supply, or for any public use. The title to all lands 
and water rights conveyed to said town by deeds in form 
sufiicient to denote a conveyance in fee shall be held to 
have vested in the town in fee, and said town is hereby 
authorized to sell and convey all such lands and water 
rights as it shall by vote determine are not necessary for 
the maintenance of its reservoir or of a water supply. 
Section 2. This act shall take effect upon its passage. 

Ap2yroved March 12, 1900. 

OAtt7?.141 -'^^" -^CT MAKING APPROPRIATIONS FOR THE MASSACHUSETTS IHGH- 

WAY COMMISSION. 

Be it enacted, etc., as foUoics : 

Appropriations. Sectiox 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Conmion wealth 
from the ordinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of December in the 
year nineteen hundred, to wit : — 

Massachusetts ^ov the Salaries of the Massachusetts hio;hway commis- 

highway com- . , , B ./ 

mission. siou, the sum of six thousand dollars. 

fieSa^etc'. ^^^ ^^^ Salaries of the engineers, clerks and assistants 

in the office of the Massachusetts highway commission, a 
sum not exceeding seventeen thousand and sixty dollars. 

Expenses. Yov travelling and other expenses of the Massachusetts 

highway commission, printing, postage and necessary office 
expenses, a sum not exceeding five thousand four hundred 
and forty dollars. 

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

Approved March 13, 1900. 

Chap.l4:2 An Act to extend the time within which the milebury, sut- 

TON AND DOUGLAS RAILROAD COMPANY MAY LOCATE, CONSTRUCT 
AND OPERATE ITS RAILROAD. 

Be it enacted, etc., as follows : 
Time extended. Section 1. The time within which the Millbury, Sut- 
ton and Douglas Railroad Company is authorized by chapter 
three hundred and seventy-two of the acts of the year eight- 
een hundred and ninety-seven, as amended by chapter four 



Acts, 1900. — Chaps. 143, 144. 97 

hundred and one of the acts of the year eighteen hundred 
and ninety-nine, to locate, construct and operate its rail- 
road is hereby extended to the tenth day of October in 
the 3^ear nineteen hundred and one. 

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

Approved March 14, 1900. 



Ax Act to incokpokatk the union evangelicai. society. CJhdV 143 
Be it enacted, etc., as foUoivs : 

Section 1. Walter S. Lewis, Chas. W. Crandall, Wil- ^g'!|°.^i|^*°:j 
liam H. Clark, Samuel H. Peck, Henry O. Clark and lucorporated. 
Marshall P. Lewis, w^th all other members of the Union 
Evangelical Society of Stow, and their successors as mem- 
bers of such society, are hereby incorporated by the name 
of Union Evangelical Society, and shall be entitled to all 
the powers and privileges and subject to all the duties, 
restrictions and liabilities set forth in all general laws now 
or hereafter in force relating to such religious societies. 
Said corporation may hold real and personal estate for 
parochial and religious purposes to an amount not exceed- 
ing five thousand dollars. 

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

Approved March 14, 1900. 



An Act to provide for the appoixtment of an assistant reg- n]^fijw 144- 

ISTER of probate AND INSOLVENCY FOR THE COUNTY OF BRISTOL. ^ 

Be it enacted, etc., as follows : 

Section 1. The judge of probate and insolvency for Assistant regis. 
the county of Bristol may appoint an assistant register and^insorvMcy, 
of probate and insolvency for said county, who may be »pp°'"<^'^«'i*' 
a woman, w^ho shall be subject to the provisions of law 
applicable to assistant registers of probate and insolvency, 
and who shall receive an annual salary of one thousand 
dollars. 

Section 2. The register of probate and insolvency for clerical assist. 
the county of Bristol shall be allowed annually, in addi- ''°'^''" 
tiou to the amount now allowed by law, a sum not exceed- 
ing two hundred dollars for clerical assistance actually 
performed, to be paid from the treasury of the Common- 
wealth upon the certificate of the judge of probate and 
insolvency for said county. 



98 

Repeal. 



Acts, 1900. — Chaps. 145, 146. 

SECTiOiSr 3. Chapter one hundred and thirt3'-six of the 
acts of the ^^ear eighteen hundred and eighty-nine is hereby 
repealed. 

Section 4. This act shall take effect upon its passage. 

Approved March 14, 1900. 



C7lClV.1L4:5 -^^ -'^CT TO EXTKND THE TERM OF SERVICE OF THE OLD COLONY 

COMMISSION. 

Be it enacted, etc., asfolloivs: 
Old Colony Section 1. The Old Colony Commission, appointed 

Commifigion, -^ ,■,'-'■ 

termofBervice uudcr chapter tlircc huiidrcd and fifty-two ot the acts of 
the year eighteen hundred and ninety-seven, shall hold 
office until the sixth day of January in the year nineteen 
hundred and one, and may expend a further sum of four 
hundred dollars in the discharge of its duties, under the 
limitations and restrictions contained in said chapter. 

Section 2. Said commission shall before the expira- 
tion of its term of service make a report of its doings to 
the general court of nineteen hundred and one. 



To make a 
report. 



App)roved March 14, 1900. 



C7/^rtW.146 ^^ -^^^T TO AUTHORIZE THE CITY OF MARLBOROUGH TO REFUND A 

PART OF ITS INDEBTEDNESS. 



May issue 
bonds, notes or 
scrip, etc. 



Not to be 
reckoned in 
determining 
debt limit, etc. 



Proviso. 



Be it enacted, etc., as follows : 

Section 1. The city of Marll^orough by vote of its 
city council is hereby authorized to issue bonds, notes or 
scrip to an amount not exceeding twenty thousand dollars, 
for the purpose of refunding a part of its existing indebt- 
edness. The bonds, notes or scrip issued under the pro- 
visions of this act shall be made payable not more than 
thirty years from the date of issue, shall bear interest at 
a rate not exceeding four per cent per annum, and shall 
not be reckoned in determining the limit of indebtedness 
of said city fixed by law. 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 in payment of two 
promissory notes of the city maturing during the present 
year, the aggregate principal of which is twenty thousand 
seven hundred dollars : j)^'ovided, that any surplus of said 
proceeds over the amount required to pay said notes shall 
be used for water construction. 



Acts, 1900. — Chaps. 147, 148. 99 

Section 2. Said city instead of establishing a sinking May provide 
fund may provide that said bonds, notes or scrip shall be m'ent«"oirbonds, 
payable in such annual amounts as will extinguish the same '^*''" 
within the time prescribed l)y this act. 

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

Approved March 14, 1900. 

An Act relative to executors and administrators. Chap.l4:7 

Be it enacted, etc. , as follows : 

Section 1. Section six of chapter one hundred and amended.^*'' 
forty-four of the Public Statutes is hereby amended by 
adding at the end thereof the words : — and the court may 
at any time, on the petition of one having in charge the 
settlement of an estate of a deceased person, and after 
such notice as the court may order, determine the amount 
that ma}' be so expended, — so as to read as follows: — 
/Section 6. As part of the funeral expenses of a deceased 
person, a reasonable sum expended for a burial lot and for 
a monument may be allowed by the court ; and the court 
may at any time, on the petition of one having in charge 
the settlement of an estate of a deceased person, and after 
such notice as the court may order, determine the amount 
that may be so expended. 

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

Approved March 16, 1900. 



Allowance for 
burial purposes. 



Chap.liS 



Ax Act to authorize the tow^n of Lincoln to release cer- 
tain LANDS AND EASEMENTS. 

Be it enacted, etc., as follows : 

Section 1. The town of Lincoln, for the purpose of certain lands 

' , i i and easemcntB 

compromising claims for damages occasioned to any per- may be released, 
son in his estate by reason of takings of land by the water 
commissioners of said town, is hereb}^ authorized to release 
to any such person or to the owner of any estate affected 
by the said takings such lands and such rights and ease- 
ments therein as the town may deem proper, and the select- 
men are authorized in the name of the town to execute and 
deliver to any such person or owner such releases, in con- 
formity with this act, as the town may direct by vote. 
Section 2. This act shall take effect upon its passage. 

Approved March 16, 1900. 



100 



Acts, 1900. 



Chap. 149. 



Ch(ip.\4:9 An Act relative to the improvement of brooks, streams and 

WATER COURSES IN THE CITY OF EVERETT. 



Brooks, 

etrearas, etc., in 
Everett may be 
improved for 
drainage pur- 
poses, etc. 



Proceedings 
wlien land is 
taken. 



Damages. 



Assessment of 
betterments. 



Be it enacted, etc. , as follotvs : 

Section 1. The city of Everett, for drainage purposes 
or for the protection of the public health, may by its city 
council with the approval of the mayor, improve brooks, 
streams and water courses, or any part thereof, within the 
limits of the city, by widening the same, removing ob- 
structions 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 
may cover or pave any such channel or water course or 
any part thereof, and may build retaining walls to support 
the banks of any such stream or water course or any part 
thereof, within the city of Everett ; and for the purpose 
of carrying out the provisions of this act the city may by 
vote of the city council duly approved by the mayor, pur- 
chase or take land in fee simple or otherwise, on one or 
both sides of any such brook, stream or water course, or 
may in the same manner purchase or take land in fee simple 
or otherwise to form new channels into which said water 
or any surface or ground water may be diverted, within 
the limits of said city, and may enter into and upon any 
land, street or way, and may do thereon work necessary 
to any such improvement, and may construct upon any 
land purchased or taken under authority of this act such 
walks or ways as the city council with the approval of 
the mayor may determine that the public convenience and 
necessity require. 

Section 2. When land is taken by virtue of the pre- 
ceding section the proceedings shall be the same as in the 
laying out of highways or streets in said city. 

Section 3. Damages occasioned by the making of said 
improvements or by any taking of land under the provi- 
sions of this act shall be ascertained and recovered as in 
the laying out of highways or streets. 

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 in the opinion of the board of aldermen of said 



Acts, 1900. — Chap. 150. 101 

city any real estate in said city, including that, if any, 
of which a part is taken therefor, receives any benefit or 
advantage therefrom l)eyond the general advantage 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. 

Section 5. All laws now or hereafter in force relating certain provi. 
to the assessment and collection of betterments in the case appiyl'etc.'' 
of the laying out, altering, widening, grading or discon- 
tinuing 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 assess- 
ment of betterments under the provisions of this act shall 
have the same remedies which now are or may hereafter 
be provided by law for persons aggrieved by the assess- 
ment or levy of betterments in the laying out of ways in 
said city. 

Sectiox G. Xo person shall destroy or injure any Penalty for in- 
drainage or sewerage work of said city, or without lawful work,°eJ!'*°''^^ 
authority pollute any natural water course in said city or 
put or maintain any obstruction therein ; and whoever 
violates any provision of this section shall for each offence 
be punished by a fine not exceeding five hundred dollars, 
or by imprisonment in the house of correction for a term 
not exceeding three months, or by both such fine and 
imprisonment. 

Sectiox 7. This act shall take effect upon its passage. 

Approved March 16, 1900. 

Ax Act to extend the time eok building the boston, quincy nf^Qjx I50 

AND FALL RIVER BICYCLE RAILWAY. 

He it enacted, etc., as follows : 

Section 1. Section sixteen of chapter five hundred i?^^' •^''^'^> §i^' 
and twenty-seven ot the acts 01 the year eighteen hundred 
and ninety-seven, as amended by chapter one hundred and 
forty-one of the acts of the year eighteen hundred and 
ninety -nine, is hereby further amended by striking out 
the whole of said section and inserting in place thereof 



102 Acts, 1900. — Chap. 151. 

Time extended. ^)^q (oWowmg i — Section 16. All rights and privileges 
granted under this act for the purpose of building a rail- 
way between Boston and Fall River shall be forfeited, 
except as to any portion of i^aid railway built, if twenty 
miles of said railway are not built before the thirty-first 
day of December in the year nineteen hundred and one. 
If twenty miles of said railway shall have been built before 
said thirty-first day of December then all said rights and 
privileges shall extend until the thirty-first day of Decem- 
ber in the year nineteen hundred and two as to the remain- 
der of the route between Boston and Fall River. 

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

Approved March 16, 1900. 

ChaV.1.5\ -^^ •^'^'^ '^'^ EXTEND THE POWERS OF THE INSPECTOR OF PROVISIONS, 
IVnLK, BUTTER, CHEESE AND \TNEGAR FOR THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

1892, 369, § 1, Section 1 . Section one of chapter three hundred and 

sixty-nine of the acts of the year eighteen hundred and 
ninety-two, as amended by section one of chapter three 
hundred and thirteen of the acts of the year eighteen hun- 
dred and ninety-three, is hereby further amended by strik- 
ing out in the third and fourth lines, the words " intended 
for slaughter or kept for the production of milk ", and also 
by striking out in the twelfth, thirteenth and fourteenth 
lines, the words " and inspectors of animals intended for 
slaughter, and inspectors of animals kept for the production 
of milk", and inserting in place thereof the words : — and 
all duties required of inspectors of animals by chapter four 
hundred and eight of the acts of the year eighteen hundred 

Inspector of aud nincty-uine, — so as to read as follows : — Section 1. 

fo7cify°o°/Lynn.' The board of health of the city of Lynn, and its successors, 
is authorized and empowered to appoint an inspector of 
provisions, and of animals, who shall also be an inspector 
of milk, butter, cheese and vinegar. Said ofiicer shall be 
appointed annually in the month of May, and shall hold 
office until the first Monday of May of the year following, 
or until his successor is appointed, and may be removed 
by said board for cause. He shall be under the control 
of said board, and shall perform all duties now required 
by inspectors of milk, butter, cheese and vinegar, and 
inspectors of provisions, and all duties required of inspec- 
tors ot animals by chapter four hundred and eight of the 
acts of the year eighteen hundred and ninety-nine, and 



Acts, 1900. — Chaps. 152, 153, 154. 103 

shall have all the powers that are now vested in said oflScers 
respectively. 

Section 2. Section seventeen of chapter four hundred issa. -tos. § it, 

. , , , T "°' 'o apply. 

and eight ot the acts of the year eighteen hundred and 
ninety-nine, so far as inconsistent herewith, shall not apply 
to the city of Lynn. 

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

Apjyrovecl March 16, 1900. 

An Act relative to the location of the waltham, ayer and /^7,>y j, 1 ;^9 

PEPPERELL STREET RAILWAY COMPANY IN THE TOWN OF CONCORD. ^ 

Be it enacted, etc., as folloios: 

Section 1. Section three of chapter three hundred and Jepg-Jed; ^ ^■ 
fifty-one of the acts of the year eighteen hundred and 
ninety-nine is hereby repealed. 

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

Approved March 16, 1900. 

An Act to authorize the international trust company to (7/i«/^.153 

INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as foUoivs: 

Section 1. The International Trust Company, incor- Capital stock 
porated under chapter one hundred and fifty-two of the leased.'"' 
acts of the year eighteen hundred and seventy-nine, is 
hereby authorized to increase its capital stock from time 
to time to an amount not exceeding two million dollars : 
provided, that no certificate of shares shall be issued until P»o^i»"8. 
the par value of such shares has been paid in in cash ; and 
provided, further, that the shareholders of said corpora- 
tion shall be individually responsible, equally and ratably, 
and not one for the other, for all contracts, debts and 
engagements of said corporation to the amount of their 
stock therein at the par value thereof, in addition to the 
amount invested in such shares. 

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

Approved March 16, 1900. 



Chap.154: 



An Act relative to the payment by railroad companies of 
rebates on cash fares. 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter thirty-two of the 1883,32, §2, 
acts of the year eighteen hundred and eighty-three is '"^^''^^^^ 
hereby amended by striking out all after the word " cer- 



104 Acts, 1900. — Chaps. 155, 156. 

tificate ", at the end of the fifth line, — so as to read as 
Payment of follows : — Scction 2. When any excess is received as 

rebates ou cash ^ c r j i i j_ j_i 

fares. abovc lor a tare or passage, the conductor or otlier per- 

son receiving: it shall give to the passenger a printed certifi- 
cate authorizing him to receive the sum so paid in excess 
at any station of the corporation, in exchange for said 
certificate. 

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

Approved llarch 16, 1900. 



Chap. 155 



An Act to authorize the city of fall river to incur indebt- 
edness FOR SCHOOL PURPOSES. 

Be it enacted, etc., asfolloivs: 

RiTOr°sfho!)i Section 1. The city of Fall River, for the purpose 

House Loan, of constructing; and equipping schoolhouses and for the 

Act of 1900. ^. iiio 

purpose of grading and fencing the land about school- 
houses in said city, may incur indebtedness to an amount 
not exceeding one hundred thousand dollars, and may 
from time to time issue bonds, notes or scrip therefor. 
Said bonds, notes or scrip shall be denominated on their 
face. City of Fall River School House Loan, Act of 1900, 
shall be signed by the treasurer and countersigned by the 
mayor of the city, shall be payable at periods not exceed- 
ing twenty-five years from the date of issue, shall bear 
interest at a rate not exceeding four per cent per annum, 
and shall not be reckoned in determining the limit of in- 
debtedness of the city. The proceeds of the loan shall be 
used for the purposes of this act and no other, 
p. 8. 29 to Section 2. The provisions of chapter twenty-nine 

of the Public Statutes in regard to the establishment and 
maintenance of a sinking fund shall apply to the loan 
authorized by this act. 

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

Approved March 16, 1900. 

ChciV 156 ^^ -^^^ ^*-* AUTHORIZE THE CITY OF FALL RLVEK TO ISSUE ADDI- 
TIONAL WATER WORKS BONDS. 

Be it enacted, etc., asfolloivs: 

m/er Water SECTION 1. The city of Fall River, for the purpose 

Works Loan, of extending its water works system, may incur indebted- 
ness to an amount not exceeding one hundred thousand 
dollars, and may from time to time issue bonds, notes or 



Acts, 1900. — Chap. 157. 105 

scrip therefor. Said bonds, notes or scrip shall be de- 
nominated on their face, City of Fall River Water Works 
Loan, Act of 1900, shall be signed by the treasurer and 
countersigned by the mayor of the city, shall be payable 
in periods not exceeding thirty years from the date of 
issue, shall bear interest at a rate not exceeding four per 
cent per annum, and shall not be reckoned in determining 
the limit of indebtedness of the city. The proceeds of 
the loan shall be used for the purposes of this act and no 
other. 

Section 2. The provisions of chapter twenty-nine of appiV?'° 
the Public Statutes in regard to the establishment and 
maintenance of a sinking fund shall apply to the loan 
authorized by this act. 

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

Approved March 16, 1900. 

An Act to authorize towns to regulate by by-la av the sale QJidfj 157 

OF CERTAIN ARTICLES BY HAWKERS AND TEDLERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-eight of l^^^gj^jg^'. 
the acts of the year eighteen hundred and eighty-three is 
hereby amended by striking out the word " may ", in the 
first line; by inserting after the word "ordinance", in 
the first line, the words : — and any town by by-law may, 
— and by inserting after the word "ordinance", in the 
eighth and ninth lines, the words: — or by-law, — also 
by inserting after the word " city", in the tenth line, the 
words : — or town, — so as to read as follows : — Any city citiea and 
by ordinance and any town by by-law may make such reg- ulTte'saie ©r^ 
ulations respecting the exposing for sale and sale w ithin b^hTmkers and 
its limits by hawkers and pedlers of any of the articles P^d'ers. 
enumerated in section one of chapter sixty-eight of the 
Public Statutes, as may be necessary and proper for pre- 
serving the public health and securing the peace and com- 
fort of its inhabitants ; and may affix penalties not exceeding 
twenty dollars for one ofi*ence for the violation of any such 
ordinance or by-law ; but nothing herein shall be so con- 
strued as to authorize any city or town to require the pay- 
ment of any fee in cases in which such authority is not 
now given. 

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

Approved March 16, 1900. 



106 



Acts, 1900. — Chap. 158. 



Chap.im 



Fernglade 
Cemetery in- 
corporated. 



May hold cer- 
tain real estate 
and personal 
property. 



Payment for 
lands pur- 
chased, etc. 



Membership. 



Grants, be- 
quests, etc. 



-Aj^ Act to incorporate fernglade cemetery. 
Be it enacted, etc., as follows: 

Section 1. Edmund C. Cottle, Charlie A. Jones, Lewis 
W. Thompson, Edward F. Johnson and John M. Portal, 
their associates and successors, are hereby made a corpora- 
tion by the name of Fernglade Cemetery, for the purpose 
of purchasing, holding and improving a place for the burial 
of the dead within the limits of the city of Woburn, sub- 
ject to the approval of the mayor and city council of said 
city ; and said corporation shall have all the powers and 
privileges and be subject to all the duties, restrictions and 
liabilities contained in all general laws now or hereafter 
in force relating to such corporations, except as herein- 
after provided. 

Section 2. Said corporation may acquire and hold real 
estate in said city for the purposes specified in section one 
of this act, and may also hold personal property to an 
amount not exceeding one hundred thousand dollars in 
addition to any amounts which may be held by it under 
the provisions of section five of this act. 

Section 3. Said corporation may agree with a person 
or persons from w^hom any lands are purchased for a ceme- 
tery to pay therefor a specified share, not exceeding one 
half of the proceeds of all sales of the use of lots and 
plats made from such land, and such share shall be first 
applied to the payment of such purchase money, and the 
residue thereof shall be applied to the preservation and 
improvement of the cemetery grounds and to the inci- 
dental expenses of the association. Where lands have 
been so purchased and are to be paid for as provided in 
this section the prices for the use of lots and plats fixed 
by the directors and in force when such purchase was 
made shall not be decreased while the purchase price 
remains unpaid, without the written consent of a ma- 
jority in interest of the person or persons from whom 
the lands were purchased, their heirs, representatives or 
assigns. 

Section 4. All persons who become proprietors of 
lots or plats in any land acquired by said corporation 
shall be members thereof, and whenever any person ceases 
to be a proprietor of a lot or plat in the land of said cor- 
poration he shall cease to be a member thereof. 

Section 5. Said corporation is hereby authorized to 
take and hold any gift, devise or bequest of property upon 



Acts, 1900. — Chap. 159. 107 

trust, to apply the same or the iocome thereof for the im- 
provement, embellishment, care and preservation of said 
cemetery or any part thereof, or for the erection, re})air, 
preservation or removal of any monument or structure 
therein ; and whenever any such grant, devise or bequest, 
or any deposit of money, shall be made for the perpetual 
or annual repair, preservation or embellishment of any 
lot in said cemetery and the monuments or structures 
thereon, the said corporation may give to such donor an 
obligation, in such form and on such conditions as it may 
establish, binding the corporation and its successors to 
preserve and keep in repair such lot forever, or for such 
period as may be agreed upon. 

Section 6. Said corporation shall make and keep maps RecordBof lots, 
and accurate records of all lots or graves in said cemetery, <^*<>- '° '^^ '^^p^- 
and records of all persons interred therein, sufficiently 
definite to identify each person interred therein and the 
place of such interment. Said maps and records shall at 
all proper times be subject to the examination of persona 
having an interest therein. The corporation shall make 
an annual report to its lot proprietors of the progress of 
work and of the condition of its afi'airs. 

Section 7. This act shall take effect upon its passage. 

Approved March 16, 1900. 

Ax Act to regulate the taking of herring and mackerel in (^7,^^^ 1 59 

MILL RIVER AND PLUM ISLAND RIVER AND THEIR TRIBUTARIES. ^ 

Be it enacted, etc., as folloivs: 

Section 1. No person engaged in taking herring or Taking of her. 
mackerel, otherwise than with a dip net, in Mill river and el'ei'i^eg'uiated.' 
its tributaries in the towns of Essex and Ipswich and in 
the city of Gloucester, or in Plum Island river and its 
tributaries in the towns of Ipswich, Rowley and Newbury, 
shall use a net or seine with a mesh the size of which is 
less than one and three quarters inches. 

Section 2. Whoever violates any of the provisions Penalty. 
of section one of this act shall be subject to a fine of 
twenty-five dollars for each offence, and in addition thereto 
shall forfeit the fisih taken in such violation and the ap- 
paratus used in taking them. 

Section 3. Sections one and three of chapter one RepeaL 
hundred and five of the acts of the year eighteen hun- 
dred and eighty-seven are hereby repealed. 

Approved March 16, 1900. 



108 



Acts, 1900. — Chaps. 160, 161. 



ChcipAGO ^^ ^^'^ MAKING AN APPROPRIATION FOR CURRENT EXPENSES AT THE 



Medfield insane 
aeylum. 



MEDFIELD INSANE ASYLUM. 



Be it enacted, etc., as follows: 

Section 1. The sum of thirty thousand dollars is 
hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for cur- 
rent expenses at the Medfield insane asylum during the 
year ending on the thirty-first day of December in the 
year nineteen hundred. 

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

Approved March 16, 1900. 



Protection of 
flow and supply 
of water from 
Charles river 
into Mother 
brook, etc. 



Commissioner, 
appointment, 
powers, etc. 



(Jll(Xp.\Q>\. An Act to provide for protecting the flow and supply of 

WATER FROM THE CHARLES RIVER INTO AND THROUGH MOTHER 
brook TO THE NEPONSET RWER. 

Be it enacted, etc., asfolloivs: 

Section 1 . For the protection of the flow and supply 
of water from Charles river into and down Mother brook, 
formerly called Mill creek, and into Neponset river, to 
which the owners of mills on said Mother brook and on 
Neponset river below the junction of said brook with said 
river, having the privilege of taking water for power there- 
from, hereinafter called mill owners, are entitled, proceed- 
ings may be taken in the manner hereinafter provided. 

Section 2. Upon petition by one or more of said mill 
owners to the superior court for the county of Norfolk, 
and after such notice as the court may judge proper to 
those mill owners who have not joined in the petition, in 
order that they may be heard, the court shall appoint a 
suitable person as commissioner, whose duty it shall be 
to carry out the purposes expressed in section one during 
the time he shall continue in office ; and to that end he 
shall have power as often as there is occasion, to do any 
and all acts, whether by way of removing obstructions 
from Mother brook or otherwise, which said mill owners, 
or any of them, or The Proprietors of Mills on Mill- 
Creek and Neponset River, a corporation created by 
chapter seventy-seven of the acts of the year seventeen 
hundred and ninety-seven, would have the right to do if 
this act had not been passed, in order to secure and pro- 
tect said flow and supply of water and to prevent the 
diversion of the same. But nothing contained in this act 



Acts, 1900. — Chap. 162. 109 

shall prevent said mill owners or any of them or said pro- certain rights 

^ ,. .,, , ,1 • •, I' 1 • of mill owners, 

prictors ot mills, at their or its own expense, trom doini^ otc, not 
any or all of said acts until the appointment of said com- 
missioner, or at any time while the office of commissioner 
may be vacant. 

Section 3. The commissioner shall from time to time commissioner 
make a report to said court of his doings under the com- 
mission and of the total expense of executing the same, 
so far as these matters are not included in any previous 
report, including his charge for services. The commis- Assessment of 
sioner shall in such re[)ort assess such total expense among '"''i'^"^''- 
said mill owners, having regard to the value of said flow 
or supply of water to the mill properties of each of them, 
the extent of the capacity of each of said mill properties 
to make use of said water, and the benefit which each 
owner will derive from the work done by the commis- 
sioner. The court may modify or change said assess- 
ment and the amounts of the expenses and commissioner's 
charges for services upon which the same is based, if 
thereby the same may be rendered more just and equit- 
able. The confirmation of said report by the court shall 
be an adjudication of the amounts finally assessed against 
the several mill owners ; and the court shall enter its 
decree for payment to said commissioner on the part of 
the several mill owners of the amounts assessed against 
them respectively. 

Section 4. The superior court may, after notice to commissioner 
all persons interested and a hearing, remove a commis- movecf.etc. 
sioner appointed under this act ; and upon such removal 
may make such orders and decrees as may be deemed 
equitable or advisable. 

Section 5. Upon the death, resignation or removal vacancy. 
of any commissioner appointed under this act the superior 
court shall, upon petition and proceedings as specified in 
section two, appoint a suitable person to fill the vacancy, 
whose powers and duties shall be the same as those of the 
commissioner originally appointed. 

Section 6. This act shall take effect upon its passage. 

Approved March 20, 1900. 

An Act relatfve to parading with imitation firearms. Ohap.162 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter four hundred and a^^emied.^^' 
sixty-five of the acts of the year eighteen hundred and 



110 



Acts, 1900. — Chap. 162. 



Drilling, etc., 
■with flrearras 
restricted, etc. 



Provleoa. 



ninety-five is hereby amended by inserting after the word 
"teachers", in the twenty-third line, the words: — and 
provided, farther, that any body of men under eighteen 
years of age may, with the consent of the governor, drill 
and parade in public with any harmless imitation of fire- 
arms which has been approved by the adjutant general, — 
so as to read as follows : — Section 6. No body of men 
whatsoever, other than the regularly organized corps of 
the militia, the troops of the United States and the Ancient 
and Honorable Artillery Company of Boston, shall main- 
tain an armory or associate themselves together at any 
time as a company or organization, for drill or parade 
with firearms, in any city or town of this Commonwealth ; 
nor shall any city or town raise or appropriate any money 
toward arming, equipping, uniforming or in any way sup- 
porting, sustaining or providing drill rooms or armories 
for any such body of men : jirovided, that associations 
wholly composed of soldiers honorably discharged from 
the service of the United States may parade in public 
with arms, upon the reception of any regiments or com- 
panies of soldiers returning from said service, and for the 
purpose of escort duty at the burial of deceased soldiers, 
having first obtained the written permission so to do of 
the mayor and aldermen of the cities or selectmen of the 
towns in which they desire to parade ; and provided, 
further, that students in educational institutions where 
military science is a prescribed part of the course of 
instruction may, with the consent of the governor, drill 
and parade with firearms in public, under the superin- 
tendence of their teachers, and provided, further, that 
any body of men under eighteen years of age may, with 
the consent of the governor, drill and parade in public 
with any harmless imitation of firearms which has been 
ap])roved by the adjutant general. This section shall not 
be construed to prevent any organization heretofore au- 
thorized thereto by law from parading with sidearms, or 
to prevent any veteran association comprised wholly of 
past members of the militia of this Commonwealth from 
maintaining an armory for the use of the organizations 
of the said militia from which the said veteran association 



originated. 
Section 2. 



This act shall take efiect upon its passage. 
Approved March 20, 1900, 



Acts, 1900. — Chaps. 163, 164. Ill 



An Act to authorize the city of pittsfield to issue bonds to nijr,^ 1«Q 

REFUND ITS OUTSTANDING NOTES AND INDEBTEDNESS. ^ ' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of refunding the out- cHyofPiUB. 
standinix notes which were issued by the city of Pittstield bonds, etcT"^ 
on account of debts incurred in l)uilding schoolhouses and 
in procuring laud for such schoolhouses, and for the pur- 
pose of paying its other indebtedness incurred in building 
schoolhouses and in procuring land for such schoolhouses, 
said city is herein' authorized, by its city council, to issue 
bonds to an amount not exceeding one hundred and fifty 
thousand dollars. Such bonds shall be payable at the 
expiration of periods not exceeding twenty years from 
their date of issue ; shall bear interest at a rate not ex- 
ceeding six per cent per annum, payable semi-annually, 
and shall be signed by the mayor and treasurer and 
countersigned by the auditor of the city. 

Section 2. The city may authorize temporary loans to May anthonze 
be made by its mayor and treasurer in anticipation of the lo^fs!'^"'^^ 
issue of the bonds hereb}^ authorized. 

Section 3. The city instead of establishing a sinking Mayprovidefor 
fund may provide that the said bonds shall be payable in me"trt'8'on''foan. 
such annual amounts as will in the aggregate extinguish 
the same within the time prescribed in this act. 

Section 4. This act shall take effect upon its passage. 

Ajyproved March 21, 1900. 



Chc(2).164: 



An Act to extend the powers of the Plymouth and sandwich 
street railway company in the transportation of freight. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter three hundred is^^, 309, § -, 
and nine of the acts of the year eighteen hundred and •*"'*"' **'• 
ninety-eight, as amended by section one of chapter one 
hundred and thirteen of the acts of the year eighteen hun- 
dred and ninety-nine, is hereby amended by striking out 
the whole of said section and inserting in place thereof 
the following: — Section 7. Said company may, when M.aynse certain 
it has constructed its road for a distance of six miles and pTymomh and 
up to the terminus of the tracks of the Plymouth and RaUwa°"com?' 
Kingston Street Railway Company, at or near the Hotel pany.etc. 
Pilgrim at Chiltonville in the town of Plymouth, enter 
upon and, except for the transportation of passengers, 



112 



Acts, 1900. — Chap. 165, 



In case of 
failure to agree, 
railroad com- 
niiesioners may 
determine con- 
ditions, etc. 



use with its cars the tracks and power of the Plymouth 
and Kingston 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 com- 
panies operate their roads. If said companies fail to 
agree upon such terms, conditions and compensation the 
same may, upon the petition of either company, be sub- 
mitted to the board of railroad commissioners for its deter- 
mination ; and the finding of said board shall be final 
and binding upon each of the said companies, and may 
be enforced by process issuing out of the supreme judicial 
court or of the superior court. 

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

Approved March 21, 1900. 



Certain powers, 
etc., transferred 
to park com- 
missioners of 
Cambridge. 



(7/^^7^.165 ^^ ^^'^ T*^ TRANSFER TO THE PARK COMMISSIONERS OF THE CITY 
OF CAMBRIDGE ALL THE POWERS AND AUTHORITY NOW VESTED 
BY LAW IN THE BOARD OF ALDERMEN AND SURVEYOR OF HIGH- 
WAYS IN RELATION TO TREES AND SHRUBS. 

Be it enacted, etc., asfoUoivs: 

Section 1. All the powers and authority vested by 
law at the time of the passage of this act in the board 
of aldermen and surveyor of highways of the city of 
Cambridge, in respect to trees and shrubs now or here- 
after planted or growing in the streets, roads, squares, 
courts, parks, public gardens and other enclosures in said 
city, are hereby transferred to and vested in the park com- 
missioners of the city, who shall have exclusive powers 
to act in respect to the setting out, planting, care, main- 
tenance, removal, cutting and trimming of such trees and 
shrubs. 

Section 2. Chapter one hundred and sixty-nine of 
the acts of the year eighteen hundred and ninety- seven 
is hereby repealed. 

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

Ap>2^roved March 21, 1900. 



RepeaL 



Acts, 1900. — Chaps. 16(3, 167. 113 



An Act to authorize cities and towns to provide free even- (7/?a».166 

ING LECTURES. 

Be it enacted., etc., asfoUoios: 

Section one of chapter two hundred and ei^ht of the iso3,2os, §i, 
acts ot the year eighteen hundred and ninety-three is 
hereby amended by striking out in the second line, the 
words "maintaining free evening schools", — so as to 
read as follows: — /Section 1. The school committees of ^ownsmaypro- 
cities and towns are hereby authorized to employ com- ^''^« lectures. 
petent persons to deliver lectures, on the natural sciences, 
history and kindred subjects, in such places as said com- 
mittees may provide. Approved March 21, 1900. 

An Act to authorize the town op Arlington to acquire ad- QJiCtp.lQl 

DITIONAL LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., asfolJoivs: 

Section 1. The board of selectmen of the town of yi°gio^^fyu\,e 
Arlinffton, actino: in behalf of said town, may for the certain laud for 

/• I '• 1 /-I 1-11 11 II school pur- 

purpose ot enlarging the Cutter School lot take by pur- poses. 

chase or otherwise land not exceeding about twenty-eight 
thousand square feet in area on the northwesterly and 
southwesterly sides of said lot, so as to give said lot 
when enlarged a frontage of about two hundred feet on 
Bobbins road. 

Section 2. If the lands are taken in any other manner Description of 
than by purchase or agreement the board of selectmen shall recorded. 
within thirty days of the taking cause to be recorded in 
the registry of deeds for the county of Middlesex, southern 
district, a description of the same as certain as is required 
in a conveyance of land, with a statement of the purpose 
for which the same are taken, signed by a majority of the 
board, and the fee in said land so taken or purchased shall 
vest in said town of Arlington without any right or pos- 
sibility of reverter to the owners, their heirs or assigns. 
All damages sustained by any person by reason of such Damages. 
taking shall be paid by said town. If the damages are 
not agreed upon a jury in the superior court in said county 
may be had to determine them, in the same manner as in 
the case of lands taken for highways ; but in the case of 
a taking no suit shall be brought after the expiration of 
two years from the date of the recording of such taking 
as herein required. 



114 Acts, 1900. — Chaps. 168, 169. 

Form of taking. Sectiox 3. A taking made substantially in the follow- 
ing form shall be valid : — The board of selectmen of the 
town of Arlington, in the Commonwealth of Massachu- 
setts, acting herein under the authority given by chapter 
of the acts of the year nineteen hundred, hereby 
take, in fee, for and in behalf of said town, and for the 
purpose of enlarging the Cutter School lot, a certain parcel 
of land situated in said Arlington, bounded as follows : — 
(here give the description with as much accuracy as is 
needed in an ordinary' conveyance of land ) ; said premises 
being owned or supposed to be owned by of 

, in the state of 
Section 4. This act shall take effect upon its passage. 

Apiiroved March 21, 1900. 

(77?<^79.168 -^^ ^^'^ RELATIVE TO THE RATE OF INTEREST ON OVERDUE TAXES. 

Be it enacted, etc. , as follows : 

p. s. 11, §67, Section 1. Section sixty-seven of chapter eleven of 

the Public Statutes is hereby amended by striking out the 
whole of said section and inserting in place thereof the 

i°*f ^«* ™»y ^.^ following : — /Section 67. When a city or town has fixed 

adaea to unpaid ~ ^ , ^ 

taxes. a time within which taxes assessed therein shall be paid, 

such city by its city council, and such town at the town 
meeting when money is appropriated or raised, may vote 
that on all taxes remaining unpaid after a certain time 
interest shall be paid at a specified rate, not exceeding 
six per cent per annum ; and the interest accruing under 
such vote or votes shall be added to and be a part of such 
taxes. 

^en to take SECTION 2. This act sliall take cficct upou its passage 
but shall not apply to taxes assessed before it takes eft'ect. 

Approved March 21, 1900. 

(JJian.liQ9 -^ -^CT relative to the MASSACHUSETTS WAR LOAN SINKING FUND. 

Be it enacted, etc., as follows: 
Massachusetts Section 1. Any moucvs which may hereafter be re- 
ing Fund. ccivcd iu the treasury of the Commonwealth in reimburse- 

ment of expenses incurred on account of the Spanish war, 
together with the amount received from the sale of the 
hospital ship Bay State during the year eighteen hundred 
and ninety-eight, shall be paid into and become a part of 
the Massachusetts War Loan Sinking Fund. 

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

Ap)proved March 21, 1900. 



Acts, 1900. — Chaps. 170, 171, 172. 115 



Ax Act relative to p.ack street ix the city of boston. Chan.VIO 
Be it enacted, etc., as follows: 

Section 1. The city engineer of the city of Boston, BacUBtieotin 
with the consent of the Boston and Roxbury Mill Cor- graded, etc. 
poration, may grade and cover with asphalt or other mate- 
rial Back street in the city of Boston, from Brimmer street 
to the sluiceway, so-called, or any part thereof, and may 
place and maintain a fence upon the wall supporting said 
street or any part thereof : provided, that no expense shall P"""^**"- 
be incurred in carrying out said improvements until the 
city council of said city shall appropriate money sufficient ^ 
to pay the cost of any work to be done, as estimated by 
said city engineer, and that the doing of such work shall 
not render the city liable for any defect or want of repair 
in said street or fence. 

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

AjJj^roved March 22, 1900. 

Ax Act to authorize the city of bostox to establish and n]i(ij),YJ\ 

MAINTAIN AX INDUSTRIAL SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized city of Boston 

•{ •• 1 may establish, 

to establish and maintain, or to contribute to the estab- etc., au indus. 
lishment and maintenance of, an institution for giving 
practical instruction in industrial occupations and in the 
arts and sciences allied therewith. 

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

Approved March 23, 1900. , 

Ax Act to provide for the ADDITIOX of a part of the TOWX QJia7).'[72: 
OF WAKEFIELD TO THE NOKTH METROPOLITAX SEWERAGE SYSTEM. 

Be it enacted, etc., as follows : 

Section 1. The territory of the town of Wakefield ^vakeHeiT"°^ 
comprisinof that part of the town not now provided for in added to the 

north inctro- 

the metropolitan sewerage system is hereby added to the poiitan sewer- 
north metropolitan sewerage district, created by chapter "^^^ isnc.ec. 
four hundred and thirty-nine of the acts of the year eight- 
een hundred and eighty-nine, entitled " An Act to provide 
for the building, maintenance and operation of a system 
of sewage disposal for the Mystic and Charles River val- 
leys." In becoming a part of the metropolitan system 



116 



Acts, 1900. — Chap. 172. 



Outlet to be 
provided for 
additional sew- 
age, etc. 



Metropolitan 
sewerage coni- 
misBioners to 
exercise certain 
authority, etc. 



Metropolitan 
Sewerage Loan 



said addition shall be subject to the provisions and shall 
conform to the requirements of the aforesaid act and of 
acts in amendment thereof and in addition thereto, except 
as herein provided, and the proportionate liability incurred 
by said addition shall be assumed by the town of Wake- 
field. Any authority granted to other municipalities by 
said act or acts in amendment thereof and in addition 
thereto is also vested in said town of VVaketield. 

Section 2. The metropolitan sewerage commissioners 
shall provide an outlet at the Wakefield town line for the 
additional sewage of said town, and acting on behalf of 
the Commonwealth shall construct a main trunk sewer 
through such parts of the cities of Melrose and Maiden 
as may be necessary, to a point in the north metropolitan 
system at or near Barrett's pond, as said commissioners 
may determine, but at a point sufficiently below the grade 
of the main sewer from Melrose not to impede the flow 
of sewage from said sewer as it empties into the main 
sewer in Maiden. 

Section 3. In providing said outlet and in receiving 
sewage from said addition and said town of Wakefield, 
and in any action in relation thereto, and for the purpose 
of taking, constructing and maintaining said additional 
main lines of sewer, the said board of sewerage commis- 
sioners, acting on behalf of the Commonwealth, shall have 
and exercise all the authority conferred upon them by 
chapter four hundred and thirty-nine of the acts of the 
year eighteen hundred and eighty-nine and by acts in 
amendment thereof and in addition thereto regarding the 
original system or anything relating thereto, and all the 
provisions of said chapter are hereby made applicable to 
this additional taking and construction, except as herein 
otherwise provided. 

Section 4. To meet the expenses incurred under the 
provisions of this act the treasurer and receiver general 
shall, with the approval of the governor and council, issue 
scrip or certificates of debt, in the name and behalf of the 
Commonwealth and under its seal, to an amount not ex- 
ceeding one hundred and seventy-five thousand dollars, 
for a term not exceeding thirty years. Said scrip or cer- 
tificates of debt shall be issued as registered bonds or with 
interest coupons attached, and shall bear interest at a rate 
not exceeding four per cent per annum, payable semi-annu- 
ally on the first days of March and September in each year. 



Acts, 1900. — Chap. 172. 117 

Said interest and scri[) or certificates shall be payable and Metropolitan 
when due shall be paid in gold coin or its equivalent. 
Said scrip or certificates of debt shall be designated on 
their faces, Metropolitan Sewerage Loan, shall be counter- 
signed by the governor, and shall be deemed a })ledge 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 treasurer and receiver general 
with the approval of the governor and council shall deem 
for the best interests of the Commonwealth. Any scrip 
or certificates of debt issued under the provisions of this 
act shall be considered as an addition to and shall become 
a part of the loan authorized by chapter four hundred and 
thirty-nine of the acts of the year eighteen hundred and 
eighty-nine, as amended by chapter three hundred and seven 
of the acts of the year eighteen hundred and ninety-four, 
and by chapter two hundred and ninety-four of the acts 
of the year eighteen hundred and ninety-five. 

Section 5. The interest and sinking fund requirements Payment of 
of the moneys expended in constructing the part of the ^"''°' ^'*^' 
sewerage system as provided for in this act, and the cost 
of maintenance and operation thereof, shall be deemed and 
paid as a part of the interest, sinking fund requirements 
and costs specified in section fifteen of said chapter four 
hundred and thirty-nine, and the sinking fund established 
under the provisions of said chapters shall be a sinking 
fund for the extinguishment of the debt authorized by 
this act, said funds to be increased in the following man- 
ner : — The treasurer and receiver general shall from year 
to year, beginning with the year nineteen hundred, appor- 
tion to said sinking fund an amount sufiicient with its 
accumulations to extinguish the de])t at maturity ; and in 
making the assessment for the increase of said sinking 
fund upon the several cities and towns liable thereto seven 
two hundred and fortieths of the whole amount shall be 
assessed in each of the first ten years, beginning with the 
year nineteen hundred, one thirtieth in each of the next 
ten years, beginning with the year nineteen hundred and 
ten, and the remainder shall be equally divided in the next 
ten years, beginning with the year nineteen hundred and 
twenty. Any premium realized from the sales of said 



118 



Acts, 1900. — Chap. 173. 



Town of Wake- 
field to be in- 
cluded in deter- 
mining propor- 
tions to be 
assessed. 



Determination 
of amount to be 
paid by town 
until included 
in a finding of 
commissioners. 



Proviso. 



"When to take 
effect. 



scrip or certificates of debt shall be applied to the pay- 
ment of the interest on said loan as it accrues. 

Section 6. The commissioners to be appointed by the 
supreme judicial court under the provisions of section four- 
teen of chapter four hundred and thirty-nine of the acts 
of the year eighteen hundred and eighty-nine, for the pur- 
poses specified in said section, and any other commissioners 
thereafter appointed for said purposes, shall include the 
town of Wakefield among the cities and towns whose pro- 
portions are to be determined as provided in said section. 

Section 7. The board of metropolitan sewerage com- 
missioners, until the town of Wakefield has been included 
in a finding of commissioners appointed by the supreme 
judicial court, shall each year determine the amount to 
be paid by said town in that year as its fair share of the 
interest, sinking fund requirements and cost of maintenance 
and operation of said north metropolitan sewerage system, 
and the same shall be certified by the treasurer and receiver 
general and paid by said town as provided for payments 
of proportional parts of such interest, sinking fund re- 
quirements and costs by the other cities and towns in said 
district : jjrovided, however, that no part of the cost of 
maintenance shall be assessed upon said town until its 
sewers are connected with the north metropolitan system 
as provided herein. 

Section 8. This act shall take efiiect upon its accept- 
ance by vote of a majority of the legal voters of said town 
of Wakefield present and voting thereon at a legal meet- 
ing called for that purpose. Approved March 23, 1900. 



ChClV'^TS -^ -^^^ ^^ AUTHORIZE THE GRAFTON WATER COMPANY TO INCREASE 

ITS CAPITAL STOCK. 



May increase 
capital stock, 
etc. 



Additional 
■water supply to 
be provided, 
etc. 



Be it enacted, etc., as follows : 

Section 1. The Grafton Water Company is hereby 
authorized to increase its capital stock to an amount which, 
together with the amounts heretofore authorized, shall not 
exceed ninety-five thousand dollars, and to issue additional 
bonds to the amount of fifteen thousand dollars, and to 
secure said bonds by a mortgage on its franchise and 
property. 

Section 2. The aforesaid stock and bonds shall be 
used from time to time for providing such additional 
water supply for the inhabitants of Grafton, and for mak- 
ing such improvements or extensions in the works of the 



Acts, 1900. — Chaps. 174, 175. 119 

said company, as the commissioner of corporations may 

upon investigation deem reasonably necessary. And no ibsuo of stock 

such stock or bonds shall be issued until a certificate has approved by ** 

been tiled by the commissioner in the office of the secretary of'corporauous, 

of the Conmionwealtii api)roving of the issue, specifying *'"=• 

the amount, and also specifying the purposes to which the 

proceeds thereof shall be applied ; and the said proceeds 

shall be applied to no other purposes. No addition to the 

water supply of the said town or company shall be made 

without the approval of the state board of health. 

Section 3. Nothing contained in the two preceding Not to authorize 
sections shall be construed to authorize the issue of bonds exceeding a cer. 

■i-j . , tji i.x' tain amount. 

by said company to an amount exceedmg the amount oi 
the capital stock paid in at the time of such issue, whether 
such bonds are issued under the provisions of this act or 
under the provisions of chapter two hundred and eleven 
of the acts of the year eighteen hundred and eighty-six, 
as amended by chapter ninety- five of the acts of the year 
eighteen hundred and eighty -seven, and by chapter three 
hundred and twenty-three of the acts of the year eighteen 
hundred and eighty-nine. 

Section 4. This act shall take effect upon its passage. 

Ap2-)roved March 23, 1900. 

An Act to extend the time at which the act to revise the QJictj),1'J4^ 

LAWS relative TO THE DISTRIBUTION OF THE ESTATES OF DE- 
CEASED PERSONS SHALL TAKE EFFECT. 

£e it enacted, etc., as follows: 

Section 1 . The time for the taking efiect of chapter Time extended. 
four hundred and seventy-nine of the acts of the year 
eighteen hundred and ninety-nine, entitled "An Act to 
revise the laws relative to the distribution of the estates 
of deceased persons", is hereby extended to the first day 
of January in the year nineteen hundred and one. 

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

Approved March 23, 1900. 

An Act relative to the an'nual certificate which school CJhnjy 175 

COMMITTEES ARE REQUIRED TO RETURN TO THE STATE BOA15D OF 
EDUCATION. 

Be it enacted, etc. , as follow^ : 

Section seventeen of chapter four hundred and ninety- isqs. 496, § 17, 
six of the acts of the year eighteen hundred and ninety- '"^*' 



120 Acts, 1900. — Chap. 175. 

eight is hereby amended by striking out the whole of said 

section and inserting in place thereof the following : — 

teesTotrM^i't iSectioii 17. The chairman and the secretary of each 

secretary of school committce shall annually on or before the last day 

state board of ot April transmit to the secretary of the state board of 

education. ^ '■ , ' 

education a certificate filled out, signed and sworn to by 
them as follows : — 

We, the chairman and the secretary of the school com- 
mittee of , hereby certify : — 

I. That on the first day of September next preceding 
the date of this certificate there resided in said town (or 
city), according to the school census required bylaw to 
be taken for that date, the number of persons 
between the ages of five and fifteen years, and the num- 
ber of persons between the ages of seven and 
fourteen years. 

II. That the number of pupils in the average mem- 
bership of the public schools of said town (or city) for 
the school year next preceding the aforesaid first day of 
September, as determined by the rules of the state regis- 
ter furnished to said schools, was 

III. That said town (or city) raised by taxation and 
expended during the fiscal year next preceding the date 
of this certificate the sum of dollars for the 
support of public schools, including the wages of teachers, 
the transportation of school children, fuel, the care of fires, 
school rooms and school premises, supervision, text books 
and supplies, and school sundries or incidentals, but ex- 
cluding repairs, alterations and construction of school- 
houses, as well as contributions for the support of public 
schools that may be received from the state or from other 
sources than local taxation. 

IV. That said town (or city) maintained during the 
school year aforesaid for a period of not less than thirty- 
two weeks each of the schools required to be kept by 
section one of the act relative to school attendance and 
truancy [ ]. 

V. And that said town (or city) maintained during 
said year a high school [ ] as required by 
section two of said act, for a period of months 

days. 

Chairman. 
Secretary. 



Acts, 1900. — Chaps. 176, 177. 121 

ss. 
On this day of A.D. 19 , per- 

sonally appeared the above named chairman and secretary 
of the school committee of , and made oath that 

the above certiticate by them subscribed is true to the best 
of their knowledge and belief. 
Before me 

Justice of the Peace. 
Approved March 23, 1900. 

An Act to incorporate the commonwealth savings bank. ChanAlG 
Be it enacted, etc., as foUoios: 

Sectiox 1. Joseph G. Pinkham, Thomas Campbell, 2ZngTmul'^ 
Second, William M. Barney, Frank Hilliard, Frank M. incorporated. 
Breed, Joseph W. Harding, Benjamin L. Kimball, A. Jus- 
tus Johnson, Eugene A. Putnam, Joseph J\I. Hoyt, El- 
bridge S. Young, George H. Allen and C. Neal Barney, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Commonwealth Savings Bank, 
with authority to establish and maintain a savings bank 
in the city of Lynn ; with all the powers and privileges 
and subject to all the duties, liabilities and restrictions 
set forth in all general laws now or hereafter in force 
relatino; to saviuo;s banks and institutions for savino:s. 

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

Approved March 28, 1900. 

An Act to give the superior court equity powers in cases Q/idjy^YJ'J 
OF taking or sale of real estate for the payment of 

TAXES. 

Be it enacted, etc., as follows : 

Section 1. Section seventy-six of chapter three hun- if^f^sQo, §■ 
dred and ninety of the acts of the year eighteen hundred 
and eighty-eight is hereby amended l)y inserting after the 
words " supreme judicial court", in the second and third 
lines, the words : — or superior court, — so as to read as 
follows : — Section 76. In all cases of taking or sale of fj'j;*^^^" e'°;;[t'^ 



amended. 



jwers in cases 



real estate for the payment of taxes assessed thereon, the i>ov 

• 1- • 1 . • J. 1 n 1 V of taking, etc., 

supreme judicial court or superior court snail have equity of real estate. 
powers, if relief is sought within five years from the tak- 
ing or sale. 

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

Approved March 28, 1900. 



122 Acts, 1900. — Chaps. 178, 179. 



OhciV.V7S -^ ■^^'^ '^^ APPROVE THE PURCHASE BY THE UNITED STATES OF A 
TRACT OF LAND ON LONG ISLAND IN BOSTON HARBOR, AND TO CEDE 
JURISDICTION OVER THE SAME TO THE NATIONAL GOVERN3IENT. 

Be it enacted, etc. , as follows : 

The United ^ SECTION 1 . The consent of the Commonwealth of Mas- 
chase ceriain sachusetts is hereby granted to the United States of America 
harbor, "^ °" to purchasc a tract of land on Long island in Boston har- 
bor adjacent to the present reservation of the United States, 
for purposes incidental to fortifications for the defense of 
Provisos. the harbor : provided, that a plan of the premises pur- 

chased shall be filed by the United States in the office of 
the secretary of the Commonwealth within one year from 
the passage of this act ; and provided, alivays, that the 
Commonwealth shall retain concurrent jurisdiction with 
the United States in and over such ceded land, so far as 
that all civil processes and such criminal processes as shall 
issue under authority of the Commonwealth may be exe- 
cuted on such ceded land and in any building to be erected 
thereon, in the same way as though this consent and ces- 
sion had not been made and granted, nw^ provided, further, 
that whenever such land ceases to be used by the United 
States for the purposes for which it is acquired the exclu- 
sive jurisdiction over it shall revert to and revest in the 
Commonwealth. 

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

Approved March 28, 1900. 

Chctp.VTQ ^^ ^CT RELATIVE TO THE APPOINTMENT OF CONSTABLES OF POLICE, 

DISTRICT AND MUNICIPAL COURTS. 

Be it enacted, etc., as follotvs : 
conBtabies pro SECTION 1. In all policc, district and municipal courts 

tempore may be,.,, ^ iii-- i f • 

appointed. which havc ouly one constable the justice thereoi in case 
of the absence of the constable may appoint a constable 
pro tempore, who shall have all the powers and perform 
all the duties of the constable, and shall receive as com- 
pensation for each day's service a sum equal to the rate 

Proviso. per day of the salary of the constable : provided, that the 

compensation so paid for any excess over fourteen days' 
service by constables pro tempore in any one calendar 
year shall be deducted by the county treasurer from the 
salary of the constable. 

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

Approved March 28, 1900, 



Acts, 1900. — Chaps. 180, 181, 182. 123 

O^a^.180 



An Act relative to the printing and sale of probate indexes. 
Be it enacted, etc., asfoUotvs: 

Section 1. When the reijisters of iirolnite of the sev- Probate indexes 

. 1 . !• 1 -ii J.1 may be printed 

era! counties deem it expedient they may, with the con- andsoid. 
sent and approval of the county commissioners, cause 
copies of the indexes, or new indexes to the records ex- 
isting in the registries of probate in their respective 
counties, to be printed at the charge of their respective 
counties, and to be sold at a price not less than the cost 
of printing, paper and binding. 

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

Approved March 28, 1900. 

An Act to authorize the city of Worcester to borrow money (J}iar),\S\ 

FOR the construction OF SEWERS, OUTSIDE OF THE LIMIT FIXED 
BY LAW. 

Be it enacted, etc., asfolloios: 

Section 1. The city of Worcester is hereby authorized pJrUay^cu*r^^ 
to borrow, outside of the indebtedness to which it is limited indebtedness 

. . /» 1 • /> 1 -n 1 T beyond debt 

by the provisions oi chapter twenty-nine oi the Public limit, ieeue 

^ bonds etc 

Statutes and of acts in amendment thereof, the sum ot 
six hundred thousand dollars, at such times and in such 
amounts as the city council of the city may from time to 
time by vote direct, to be used for the construction of 
sewers and for the enlargement of the sewage purification 
works of the city, under the provisions of chapter one 
hundred and six of the acts of the year eighteen hundred 
and sixty-seven and of chapter three hundred and thirty- 
one of the acts of the year eighteen hundred and eighty- 
six, and of all acts in amendment thereof. For the money 
so borrowed the city may issue bonds, notes or scrip, 
payable within thirty years from the date of issue, in 
such manner and by such officers as the city council may 
direct. 

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

Approved March 28, 1900. 



Chap.182 



An Act to authorize the amesbury and hampton street rail- 

W^AY company to LEASE ITS RAILROAD AND PROPERTY TO THE 
EXETER, HAMPTON AND AMESBURY STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows : 

Section 1. The Amesbury and Hampton Street Rail- The Amesbury 
way Company may lease its railway and property to the street Railway 



124 Acts, 1900. — Chap. 183. 

Ea^JTtB mTu^ Exeter, Hampton and Amesl)iiry Street Railway Company 
way, etc. for a period not exceeding ninety-nine years, and said 

Exeter, Hampton and Amesbury Street Railway Company 
may, after the execntion of such lease, operate the said 
railway as a part of its system. Any lease made by virtue 
of the authority herein granted shall be subject to the 
approval of the board of railroad commissioners. 

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

Approved March 28, 1900. 

Chap.^SS ^^ ^^'^ "^^ AUTHORIZE THE MAKING OF INSURANCE UPON THE HEALTH 

OF INDIVIDUALS. 

Be it enactedi etc., as follows: 

amended. ^ "*'* SECTION 1. The fifth paragraph of section twenty-nine 
of chapter five hundred and twenty-two of the acts of the 
year eighteen hundred and ninety-four is hereby amended 
by adding at the end thereof the words : — and to make 
insurance upon the health of individuals, — so as to read 

Insurance as follows : — Fifth, To insurc any person against bodily 

against . . . ./ i ~ .J 

accident to injuiy or death by accident, or any person, firm or cor- 
up"n the^heaith poratiou agalust loss or damage on account of the bodily 
of individuals, jnjurj' or death by accident of any person for which loss 
or damage said person, firm or corporation is responsible, 
and to make insurance upon the health of individuals. 
1894, 522, §31, Section 2. Scctiou thirtv-oue of said chapter five hun- 

etc, amended. -, ^ ^ . "tii •/ c ^ ±. 

dred and twenty-two, as amended by section two of chapter 
four hundred and seventy-four of the acts of the year eight- 
een hundred and ninety-five, and by section two of chapter 
four hundred and forty-seven of the acts of the year eight- 
een hundred and ninety-six, and by chapter ninety-two of 
the acts of the current year, is hereby further amended by 
inserting after the word " accident", in the ninth line, the 
words : — and health, — and by striking out in the eleventh 
line, the word " paragraph", and inserting in place thereof 
the word : — paragraphs, — so as to read as follows : — 
bu8iire°rspec°i!^ Section 31. No corporation so formed shall transact any 
fied in charter, other buslucss than that specified in its charter and articles 
of association. Companies to insure plate glass may or- 
ganize with a capital of not less than one hundred thou- 
Minimum saud dollars. Companies so formed insuring marine or 

companies. inland risks upon the stock plan shall have a capital of 
not less than three hundred thousand dollars. Companies 
so formed for the transaction of fire insurance on the stock 



Acts, 1900. — Citap. 184 125 

plan, of fidelity insurance, of accident and health insur- 
ance, of steam boiler insurance, or for the transaction of 
the business authorized under the seventh, eighth, ninth 
or tenth paragraphs of section twenty-nine of this act shall 
have a capital of not less than two hundred thousand dol- 
lars. Companies may be so formed to insure mechanics' 
tools and apparatus against loss by fire for an amount not 
exceeding two hundred and fifty dollars in a single risk, 
with a capital of not less than twenty-five thousand dol- 
lars, divided into shares of the par value of ten dollars 
each. 

Mutual companies heretofore organized to transact em- certain muuiai 

, , T , .,i, . ~ ,. 11' companies may 

ployers liability insurance may continue such business continue busi- 
under the fifth paragraph of section twenty-nine of this pfoyew'^'"" 
act, and such companies shall be subject to the laws, so ancel'etc!"^"'^' 
far as applicable, in relation to mutual fire insurance com- 
panies. No company shall be required to have on deposit 
with the treasurer of the Commonweahh an amount in 
excess of what is sufficient to enable it to comply with 
the laws of the states in which it transacts business ; and 
all sums in excess of this amount held on deposit with 
the treasurer of the Commonweahh or elsewhere shall be 
counted as of the surplus funds of the company. 

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

Ajjproved March 28, 1900. 

An Act to PROvroE additional outlets for the sewage of the (^Tfn^ 1S4 

CITIES OF CHELSEA AND EVERETT. "' 

Be it enacted, etc. , as folloius : 

Section 1. The board of metropolitan sewerage com- Additional 
missioners shall provide additional outlets for the sewage provid^ed°for 
of the cities of Chelsea and Everett by extending the met- ciiTffea and 
ropolitan sewer from its present terminus, near the junc- Everett. 
tion of Eastern avenue and Willoughby street in Chelsea, 
to and across the boundary line between Chelsea and Ever- 
ett, in the best manner to serve the sewerage needs of those 
districts of said cities which are situated in the valley of 
Snake or Mill creek. 

Section 2. The cities of Chelsea and Everett and any connections 
persons and corporations may, subject to the control and ^' 
under the direction of the said board, make connections 
with any sewers constructed by the board under the au- 
thority of this act. 



126 Acts, 1900. — Chap. 184. 

Mwerugrcom- SECTION 3. In pi'ovicling said outlets and in receiving 
miBBionere to sewage from said districts, and in any action in relation 

exercise certain o i /■ i /• • i • 

authority. thereto, and tor the purpose ot constructmg and main- 
taining said additional main lines of sewer, the said board 
of sewerage commissioners, acting on behalf of the Com- 
monwealth, shall have and exercise all the authority con- 
ferred upon them by chapter four hundred and thirty-nine 
of the acts of the year eighteen hundred and eighty-nine 
and by acts in amendment thereof and in addition thereto 
regarding the original system or anything relating thereto ; 
and all the provisions of said chapter are hereby made 
applicable to this additional construction, except as herein 
otherwise provided. 

s^ewe^rage^Loan. Section 4. To meet the expenses incurred under the 
provisions of this act the treasurer and receiver general 
shall, with the approval of the governor and council, issue 
scrip or certificates of debt, in the name and behalf of the 
Commonwealth and under its seal, to an amount not ex- 
ceeding ninety thousand dollars, for a term not exceed- 
ing thirty years. Said scrip or certificates of debt shall 
be issued as registered bonds or with interest coupons 
attached, and shall bear interest at a rate not exceeding 
four per cent per annum, payable semi-annually on the 
first days of March and September in each year. Said 
interest and scrip or certificates shall be payable, and when 
due shall be paid, in gold coin or its equivalent. Said 
scrip or certificates of debt shall be designated on their 
face. Metropolitan Sewerage Loan, shall be countersigned 
by the governor, and shall be deemed a pledge of the faith 
and credit of the Commonwealth, redeemable at the time 
specified therein, in gold coin or its 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 treasurer and receiver general with the 
approval of the governor and council shall deem for the 
best interests of the Commonwealth. Any scrip or cer- 
tificates of debt issued under the provisions of this act 
shall be considered as an addition to and shall become a 
part of the loan authorized by chapter four hundred and 
thirty-nine of the acts of the year eighteen hundred and 
eighty-nine, as amended by chapter three hundred and seven 
of the acts of the year eighteen hundred and ninety-four, 
and by chapter two hundred and ninety-four of the acts 
of the year eighteen hundred and ninety-five. 



Acts, 1000. — Chap. 185. 127 

Section 5. The interest and sinking fund requirements Payment of 
of the moneys expended in constructing that part of the °"°'®''' 
sewerage system provided for in this act, and the cost of 
maintenance and operation thereof, shall be deemed and 
paid as a part of the interest, sinking fund requirements 
and costs specified in section fifteen of said chapter four 
hundred and thirty-nine ; and the sinking fund estal^lished 
under the provisions of said chapters shall be a sinking 
fund for the extinguishment of the debt authorized by this 
act, said funds to be increased in the following manner : 
— The treasurer and receiver general shall from year to 
year, beginning with the year nineteen hundred, appor- 
tion to said sinking fund an amount sutficient 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 seven 
two hundred and fortieths of the whole amount shall be 
assessed in each of the first ten years, beginning with the 
year nineteen hundred, one thirtieth part in each of the 
next ten years, beginning with the year nineteen hundred 
and ten, and the remainder shall be equally divided in the 
next ten years, beginning with the year nineteen hundred 
and twenty. Any premium realized from the sale of said 
scrip or certificates of debt shall be applied to the pay- 
ment of the interest on said loan as it accrues. 

Sectiox 6. This act shall take eft'ect upon its passage. 

Approved March 30, 1900. 



Chap.185 



An Act to permit fraternal beneficiary corporations organ- 
ized UNDER THE LAWS OF THE DOMINION OF CANADA OR ANY PROV- 
INCE THEREOF TO TRANSACT BUSINESS IN THIS COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section eighteen of chapter four hundred 1899,442 § is, 
and forty-two of the acts of the year eighteen hundred 
and ninety-nine is hereby amended by inserting after the 
word "state", wherever it appears in said section, the 
words : — or the Dominion of Canada or any province 
thereof, — so as to read as follows : — Section 18. Fra- conditions 
ternal beneficiary corporations organized under the laws cenafn'^forei'gn 
of another state or the Dominion of Canada or any prov- ficuTy corpora- 
ince thereof, and payinsf only disability and death benefits, ^"on* ™='y <io . 

- ' ;"^.~,,"^,^ "^ 1111- biiBiness lu this 

and now transacting in this Commonwealth the business coramonweaith, 
defined in this act, may continue such business upon com- 
plying with the provisions of this act ; and any such cor- 



128 Acts, 1900. — Chap. 186. 

Conditions poration not now cloing: business in this Commonwealth 

under which '- t • -i iii- i -j^ m •J^^ xi 

certain foreign may DG admitted to do such busmess wlien it tiles with the 
fic1a*r"y"corpor^a. iusurauce commissloner a duly certified copy of its charter 
buMn^sIn^his and articles of association, and a copy of its constitution 
Commonwealth, qj. {^^yg Certified to by its secretary or corresponding otficer, 
together with the appointment of sucli commissioner as the 
person upon whom process shall be served as hereinafter 
provided, and a statement under oath of the president and 
secretary in the form required by such commissioner of 
its business for the preceding year, and provided that such 
corporation shall he shown to be authorized or permitted 
to do business in the state or the Dominion of Canada or 
any province thereof in which it is incorporated or or- 
ganized, and provided that similar corporations organized 
under the laws of this Commonwealth are authorized to 
do business in such state or the Dominion of Canada or 
any province thereof. When any other state or the Domin- 
ion of Canada or any province thereof shall impose any 
obligation in excess of the obligations imposed by this 
act upon any such corporation of the Commonwealth, the 
like obligation shall be imposed on similar corporations 
of such state or the Dominion of Canada or any province 
thereof doing business in this Commonwealth. The trans- 
action of the business defined in this act by any corporation, 
association, partnership or individuals, unless organized, 
continuing or admitted as provided herein, is forbidden. 
Section 2. This act shall take efiect upon its passage. 

Approved March 30^ 1900. 

ChaV.^SQ ^^ ■^^'^ MAKING APPROPRIATIONS FOR THE MASSACHUSETTS CHAR- 
ITABLE EYE AND EAR INFIRMARY, FOR IMPROVEMENTS AT THE 
DANVERS INSANE HOSPITAL, AND FOR CERTAIN OTHER EXPENSES 
AUTHORIZED BY LAW. 

Be it enacted, etc., as folloios: 
Appropriations. Section 1. The suuis hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified in 
certain acts and resolves of the present year, and for cer- 
tain other expenses authorized by law, to wit : — 
Third deputy in Yov thc Salary of the third deputy in the office of the 
troi'ierof conti'oller of county accounts, as authorized by chapter 

counts.**^' one hundred and thirty-seven of the acts of the present 
year, the sum of two hundred dollars, the same to be in 



Acts, 1900. — Chap. 180. 129 

addition to any amount heretoforo appropriated for the 
same purpose. 

For compilin*}", indexing: and publishing the records of ■i'^voiutioniny 

I fT'' O 1 o _ war records. 

the Massachusetts troops who served in the revohition- 
ary war, as authorized by chapter two of the resolves of 
the present year, a sum not exceeding three thousand 
dolhirs. 

For additional clerical assistance in the office of the Additional 

J 1 • 1 j.i-iiii. clerical assist- 

treasurer and receiver general, as authorized by chapter ance. 
three of the resolves of the present year, a sum not ex- 
ceeding twenty-five hundred dollars. 

For the completion of certain improvements at the Dan- pauvers insane 
vers insane hospital, as authorized by chapter eight of the 
resolves of the present year, a sum not exceeding thirteen 
thousand five hundred dollars. 

For the Massachusetts Charitable Eye and Ear Infirmary, Massachuaetts 

.1-11 1 i /. J 1 1 /• j_i 1 Charitable Eye 

as authorized by chapter ten ot the resolves ot the present and Ear infirm. 
year, the sum of twenty-five thousand dollars. '"^' 

For the preservation of war records in the office of the Preservation of 
adjutant general, as authorized by chapter thirteen of the 
resolves of the present year, a sum not exceeding twenty- 
five hundred dollars. 

For certain improvements at the Danvers insane hospital, ^^Tp^ij^i '"*''"'' 
as authorized by chapter sixteen of the resolves of the pres- 
ent year, a sum not exceeding six thousand seven hundred 
dollars. 

For expenses of the commission appointed to fix the commission to 

.. •iiTiT 1 1 • "'^ positions 

positions occupied by Massachusetts troops at the siege ofMassachu- 
of Vicksburg, as authorized by chapter seventeen of the siege o°vicks. 
resolves of the present year, a sum not exceeding six hun- '^"'■^• 
dred dollars. 

For additional clerical assistance in the office of the tax Additional 
commissioner, as authorized by chapter eighteen of the ance. 
resolves of the present year, a sum not exceeding two 
thousand dollars. 

For expenses of the state board of bar examiners, as state board of 
authorized by chapter three hundred and tweh^e of the 
acts of the year eighteen hundred and ninety-eight, a sum 
not exceeding one thousand dollars. 

For expenses of the board of commissioners for the pro- ^""b^jifromo^^ 
motion of uniformity of legislation in the United States, tion of uniform. 
the sum of five hundred fifty dollars and seven cents, being non. 
the unexpended balance of the twenty-five hundred dollars 
originally appropriated for the expenses of said board and 



130 



Acts, 1900. — Chap. 186. 



Statue of the 
late Major Gen- 
eral Joseph 
Hooker. 



Purchase of 
paper. 



Assistant regis- 
ter of probate, 
etc., county of 
Bristol. 



Clerical assist- 
ance. 



Old Colony 
Commission. 



Training ship 
Enterprise. 



Trustees of 
Soldiers' Home, 



Witnesses 
before commit- 
tees. 



which has reverted to the treasury in accordance with sec- 
tion thirty of chapter sixteen of the Public Statutes. 

For the erection in the state house or on the state house 
grounds of an equestrian statue in bronze of the late Major 
General Joseph Hooker, as provided for by chapter forty- 
three of the resolves of the year eighteen hundred and 
ninety-six, a sum not exceeding forty-seven thousand dol- 
lars, being a re-appropriation, the same having reverted 
to the treasury in accordance with section thirty of chapter 
sixteen of the Public Statutes. 

For the purchase of paper used in the execution of the 
contract for the state printing, a sum not exceeding ten 
thousand dollars, the same to be in addition to the thirty- 
two thousand dollars appropriated by chapter thirty-eight 
of the acts of the present year. 

For the salary of an assistant register of probate and 
insolvency for the county of Bristol, as authorized by 
chapter one hundred and forty-four of the acts of the 
present year, a sum not exceeding eight hundred dollars. 

For clerical assistance to the register of probate and 
insolvency for the county of Bristol, as authorized by 
chapter one hundred and forty-four of the acts of the 
present year, a sum not exceeding two hundred dollars, 
the same to be in addition to the amount now authorized 
by law. 

For such expenses as may be incurred by the Old Colony 
Commission, as authorized by chapter one hundred and 
forty-five of the acts of the present year, a sum not ex- 
ceeding four hundred dollars. 

For certain repairs to the training ship Enterprise, as 
authorized by chapter nineteen of the resolves of the pres- 
ent year, a sum not exceeding fifteen thousand dollars. 

For the Trustees of the Soldiers' Home in Massachu- 
setts, as authorized by chapter twenty of the resolves of 
the present year, the sum of thirty thousand dollars. 

For expenses of summoning witnesses before committees 
of the legislature, and for fees of such witnesses, a sum 
not exceeding five hundred dollars, the same to be in addi- 
tion to any amount heretofore appropriated for the same 
purpose. 

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

Approved April 5, 1900. 



Acts, 1900. — Chaps. 187, 188. 181 



Ax Act to provide school registers and other school blanks (JJiaryASl 

FOR THE towns AND CITIES OF THE COMMONWEALTH. 

Be it enacted, etc., asfoUoivs: 

Section one of chapter one hundred and eleven of the isso, ni,§i, 
acts of the year eiuhteen hundred and ninety-nine is hereby 
amended by strikino- out the words "one thousand", in 
the second line, and inserting in place thereof the words : 

— twelve hundred, — so as to read as follows : — Section 1. ^^°°^y^lf^' 
The board of education may expend annually a sum not etc' 
exceeding twelve hundred dollars for the printing and dis- 
tribution of such school registers, school blanks and forms 

for the returns of school committees as said board is re- 
quired by law to furnish to the towns and cities of the 
Commonwealth. Approved April 3, 1900. 

An Act to increase the efficiency of the militia. Clion 188 

Be it enacted, etc., as follows: 

Section 1. Section twenty-six of chapter three hun- isqs, sei §26, 
dred and sixty-seven of the acts of the year eighteen hun- 
dred and ninety-three is hereby amended by striking out 
all to and inchiding the word " drummers", in the thir- 
teenth line, and inserting in place thereof the following : 

— Section 26. To each regiment of infantry there shall 
be one colonel, one lieutenant colonel, three majors, and 
a staff, to consist of one surgeon, with the rank of major; 
one regimental adjutant, one quartermaster, one paymaster, 
who shall be the mustering officer, and one assistant sur- 
geon, each with the rank of captain ; one assistant sur- 
geon, one inspector of rifle practice, one commissary of 
subsistence, and three battalion adjutants, each with the 
rank of first lieutenant ; and one chaplain. There shall 
also be a non-commissioned staff, as follows : — One regi- 
mental sergeant major, one quartermaster sergeant, one 
commissary sergeant, one paymaster sergeant, one hospital 
steward, one drum major, one chief bugler, and three battal- 
ion sergeant majors, who shall hold the same relative rank 
attached to similar positions in the United States army. 
There shall also be allowed to each regiment two color 
sergeants, one orderly, to rank as private, and sixteen 
drummers, to be enlisted and mustered as drummers, — 

so as to read as follows : — Section 26. To each regiment F"i?id and Btaff 

0iiic6rs €tc 

of infantry there shall be one colonel, one lieutenant colonel, regiment of' 

infantry. 



132 



Acts, 1900. — Chap. 188. 



Field and staff 
officers, etc., 
regiment of 
infantry. 



Battalion of 
cavalry. 



Battalion of 
artillery. 



Regiment of 
heavy artillery. 



three majors, and a staff, to consist of one surgeon, with 
the rank of major ; one regimental adjutant, one quarter- 
master, one paymaster, who shall be the mustering officer, 
and one assistant surgeon, each with the ranii of captain ; 
one assistant surgeon, one inspector of rifle practice, one 
commissary of subsistence, and three battalion adjutants, 
each with the rank of first lieutenant ; and one chaplain. 
There shall also be a non-commissioned staff, as follows : 
— One regimental sergeant major, one quartermaster ser- 
geant, one commissary sergeant, one paymaster sergeant, 
one hospital steward, one drum major, one chief bugler, 
and three battalion sergeant majors, who shall hold the 
same relative rank attached to similar positions in the 
United States army. There shall also be allowed to each 
regiment two color sergeants, one orderly, to rank as 
private, and sixteen drummers, to be enlisted and mus- 
tered as drummers. To each separate battalion of cavalry 
there shall be one major, and a stafi', to consist of one 
surgeon, with the rank of major, one adjutant, one quarter- 
master, one paymaster, who shall be the mustering officer, 
one inspector of rifle practice and one assistant surgeon, 
one veterinary surgeon, each with the rank of first lieuten- 
ant, and one chaplain. There shall also be a non-com- 
missioned staff, as follows : — One sergeant major, one 
quartermaster sergeant, one hospital steward, one chief 
bugler and two guidon sergeants. To each separate bat- 
talion of artillery there shall be one major, and a staff, 
to consist of one surgeon with the rank of major, one 
adjutant, one quartermaster, one paymaster, who shall 
be the mustering officer, and one assistant surgeon, one 
veterinary surgeon, each with the rank of first lieuten- 
ant, and one chaplain, and whenever a vacancy shall occur 
in the position of assistant surgeon of the battalion of 
artillery or the battalion of cavalry, the office of said 
assistant surgeon shall be abolished. There shall also 
be a non-commissioned staff, as follows: — One sergeant 
major, one quartermaster sergeant, one hospital steward, 
one chief bugler and two guidon sergeants. 

Section 2. To each regiment of heavy artillery there 
shall be one colonel, one lieutenant colonel, three majors, 
and the staff, non-commissioned staff, headquarter attaches, 
and drummers prescribed for a regiment of infantrj^ ex- 
cept that in addition to the staff and non-commissioned 
staff officers specified in section one of this act there shall 
be allowed to each regiment of heavy artillery the addi- 



Acts, 1900. — Chap. 188. 133 

tional stafV officers provided for in section five of chapter 
three hundred and forty-eiirht of the acts of the year eight- 
een hundred and ninety-eight. 

Section 3. There shall be allowed to each company Additional non- 
of infantry, battery of heavy artillery, battery of light officers. 
artillery, troop of cavalry, signal and ambulance corps, 
in addition to the officers and men now provided for by 
law, one quartermaster sergeant, wherever one is not 
already prescribed, to rank next after the first sergeant, 
and one chief cook, to rank as corporal, and to each com- 
pany of the naval brigade one cook, first class. Com- 
pany quartermaster sergeants and chief cooks shall be 
appointed and reduced as prescribed by law for other 
non-commissioned officers, and all chief cooks shall be 
examined as to their qualifications for the position, in such 
manner as the commander-in-chief shall direct, before re- 
ceiving their warrants. 

Section 4. There shall be allowed and paid to chief chief and first 

I class cooks, 

cooks, and in the naval brigade to cooks, first class, for compensation. 
the duty required in sections ninety-eight, ninety-nine, 
one hundred and six, one hundred and seven and one 
hundred and fourteen of chapter three hundred and sixty- 
seven of the acts of the year eighteen hundred and ninety- 
three, the sum of four dollars per day : provided, however, Proviso. 
that it shall be certified and made to appear, in such form 
as the commander-in-chief shall prescribe, that in each case 
the duty of superintending and assisting in the prepara- 
tion of the food of the company was actually performed 
by the chief cook in person, during the tour of duty or 
day of duty for which he is returned for pay ; otherwise 
he shall receive the pay prescribed for other enlisted men 
of like grade. For duty other than that hereinbefore men- 
tioned a chief cook shall receive the pay and allowances 
prescribed for other enlisted men of like grade. 

Section 5. Officers designated in section fifty-eight Mustering 
of chapter three hundred and sixty-seven of the acts of etc. 
the year eighteen hundred and ninety-three as recruiting 
officers of the several corps and commands of the volun- 
teer militia shall also be competent mustering officers for 
mustering in and administering the prescribed oath of en- 
listment to all soldiers enlisted by them. Mustering officers 
shall forward to the commander-in-chief, through the proper 
military channels, the returns of the enlistment and muster 
in of soldiers as soon as practicable, and not later than ten 
days thereafter. Said returns shall be in such form, and 



134 Acts, 1900. — Chap. 189. 

accompanied by such certificates, descriptive lists and other 
information relating to the recruit, as may be required by 
law or prescribed in orders by the commander-in-chief. 
But no recruit shall be knowingly and intentionally ac- 
cepted who is not eligible for enlistment under the law, 
or who is physically or otherwise below the standard pre- 
scribed by the commander-in-chief; and no recruit shall 
be accepted contrary to the provisions of section sixty- 
one of the act cited at the beginning of this section ; and 
no recruit having been accepted shall be mustered into the 
service until all the requirements of the statute law, of the 
militia regulations, and of all proper orders relating to 
the enlistment and muster in of soldiers have been com- 
plied with. 
First eeigeants, Seotion 6. First scrgcants shall be appointed by the 

appointment, o i 

etc. permanent company, battery, troop or corps commanders, 

without reference to higher authority, from the duty ser- 
geants of their respective organizations, and may be by 
said permanent company, battery, troop or corps com- 
manders, returned to the grade of duty sergeant at any 
time and without the restrictions imposed by section six 
of chapter four hundred and forty-eight of the acts of the 
year eighteen hundred and ninety-seven. First sergeants 
shall be appointed and returned to the grade of duty ser- 
geant by a company order, a copy of which shall be for- 
warded at once to regimental headquarters ; and the relative 
seniority of first sergeants shall be determined by the dates 
of the orders appointing them. Section fifty-five of chap- 
ter three hundred and sixty-seven of the acts of the year 
eighteen hundred and ninety-three, and other acts and 
parts of acts now in force relating to the appointment 
and reduction of non-commissioned ofiicers of the volun- 
teer militia, are hereby repealed in so far as they relate 
to the appointment and reduction or removal of first ser- 
geants and are inconsistent with this act. 

Section 7. This act shall take efiect upon its passage. 

Approved April 3, 1900. 

Ckap.lSQ ^^ -^^"^ RELATIVE TO THE FURNISHING OF SOLDIERS' RELIEF liY 

CITIES AND TOWNS. 

Be it enacted, etc., as follows : 

amended.^ ^' Section 1. Scctlon ouc of chapter thrcc hundred ^md 

fifty-six of the acts of the year eighteen hundred and 



Acts, 1900. — CiiAr. 190. 135 

ninety-eight is hereby amended by inserting after the 
word "thereto", in the eighth line, the tbUowing words: 
— and in no case arising under the provisions of this act 
shall such relief be furnished except by, through or under 
the agency or direction of the officials charged with the 
disbursement of state or military aid, — so as to read as 
follows : — Section 1. In cases where a person is entitled fo°tfe'*funiUhed 
to soldiers' relief from a city or town, under the provisions ^ ceruiu per. 
of chapter four hundred and forty-seven of the acts of the 
year eighteen hundred and ninety, it shall be the duty of 
the mayor and aldermen of such city, or of the selectmen 
of such town, to furnish such relief, without vote of the 
city council or of the voters of such town authorizing them 
thereto ; and in no case arising under the provisions of 
this act shall such relief be furnished except by, through 
or under the agency or direction of the officials charged 
with the disbursement of state or military aid. If the Appeal may be 
mayor and aldermen or the selectmen fail to furnish such Sfss'ione'i-s'of 
relief any person aggrieved may appeal from the action **^'"*"^- 
of such municipal authorities to the commissioners of state 
aid, who shall thereupon forthwith make a thorough in- 
vestigation of the qualifications and circumstances of the 
applicant, and shall determine the amount of relief, if any, 
to be given to said applicant. Decisions of said commis- 
sioners shall be final, except that said board may at any 
time reverse or amend its decisions. 

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

A-p-proved April 3, 1900. 

An Act to atithokize the town of west Springfield to make (J]iaj).\^0 

AN additional WATER LOAN. 

Be it enacted, etc., asfoUoivs: 

Section 1. The town of West Springfield, for the westspring- 

f. • 1 X T -J. P 1 field Water 

purpose or renewing and extending its water works sys- Loan, Act of 
tern, may issue from time to time bonds, notes or scrip ^^^^' 
to an amount not exceeding fifty thousand dollars. Such 
bonds, notes or scrip shall bear on the face thereof the 
words. West Springfield Water Loan, Act of 1900, shall 
be payable at the expiration of periods not exceeding 
thirty years from the date of issue, shall bear interest 
payable semi-annually at a rate not exceeding four per 
cent per annum, and shall be signed by the treasurer and 
countersigned by the selectmen of the town. The town 



136 



Acts, 1900. — Chaps. 191, 192. 



Sinking fund, shall pay the interest on said loan as it accrues and shall 
provide at the time of contractino; the loan for the estab- 
lishment of a sinkino; fund, and shall contribute to that 
fund such sums as will in the a^ffreijate be sufficient with 
the accumulations thereof to pay the principal of the loan 
at maturity. The sinkimj; fund shall remain inviolate and 
pledged to the payment of the loan and shall be used for 
no other purpose. 

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

Approved April 3, 1900. 



Chap.191 



p. S.183, § 30, 
amended. 



Exemption in 
cases of attach- 
ment of wages 
under trustee 
process. 



To talce effect 
July 1, 1900. 



An Act relative to the trustee process. 
Be it enacted,, etc., as folloivs : 

Section 1. Section thirty of chapter one hundred and 
eighty-three of the Public Statutes is hereby amended by 
adding at the end of said section the Avords : — provided 
the writ contains a statement showing the demand to be 
for such necessaries ; otherwise in such cases there shall 
be so reserved a sum not exceeding twenty dollars, — so 
as to read as follows : — Section 30. When wages for the 
personal labor and services of a defendant are attached for 
a debt or demand other than for necessaries furnished to 
him or to his family, there shall be reserved in the hands 
of the trustee a sum not exceeding twenty dollars, which 
shall be exempt from such attachment ; and when such 
wages are attached on a demand for such necessaries, 
there shall be so reserved a sum not exceeding ten dol- 
lars, provided the writ contains a statement showing the 
demand to be for such necessaries ; otherwise in such 
cases there shall be so reserved a sum not exceeding 
twenty dollars. 

Section 2. This act shall take effect on the first day 
of July in the year nineteen hundred. 

Approved April 3, 1900. 



(JJiap.192 -^^ ■^^'^ "^O CHANGE THE NAME OF THE MASSACHUSETTS HOSPITAL 
FOR CONSUMPTIVES AND TUBERCULAR PATIENTS. 

Be it enacted, etc., as folloivs . ■ 

Name changed. Section 1. The uamc of the Massachusetts hospital 
for consumptives and tubercular patients is hereby changed 
to Massachusetts State Sanatorium. 

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

Approved April 3, 1900. 



Acts, 1900. — Chaps. 19,3, 194 137 



An Act relative to certain grade crossings in the cities of (7/iar).193 

HOSTON AND CAMBRIDGE. 

Be it enacted, etc., as follows : 

Section 1. Section three of chapter four hundred and amended ^^' 
twenty-one of the acts of the year eii2:hteen hundred and 
ninety-nine is hereby amended by striking out the whole 
of said section and inserting in place thereof the following : 
— Section 3. This act shall have the same eflect which ^j^i^naJfT 
decrees of said court confirming said reports amended as apply, etc. 
aforesaid would have under the provisions of chapter four 
hundred and twenty-eight of the acts of the year eighteen 
hundred and ninety and acts in amendment thereof; which 
chapter and acts, together with the provisions of chapter 
nineteen of the Public Statutes, shall, so far as not incon- 
sistent herewith, apply to and govern the proceedings in 
connection with the abolition of said crossings as if the 
said reports had been confirmed by said court ; except 
however that a petition for the assessment of damages 
under said acts may be brought within one year from 
the time when copies of said reports are filed for record 
by the clerks of said court in the proper registries of 
deeds. 

Section 2. It shall lie the duty of the clerks of the copies of re- 
superior court for the county of Suffolk and for the county {JTirHio^ners'to be 
of Middlesex to file forthwith in the registry of deeds for '^''^^" 
the county of Suffolk and in the registry of deeds for the 
county of Middlesex, southern district, copies of the re- 
ports of the commissioners referred to in sections one and 
two of said chapter four hundred and twenty-one and filed 
in said court on the twenty-ninth day of March in the year 
eighteen hundred and ninety-nine. 

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

AjJjjroved April 3, 1900. 



Ckap.lM 



An Act to provide for the improvement of the inner chan- 
nel OF LEWIS BAY. 

Be it enacted, etc., as folloivs : 

Section 1. The board of harbor and land commis- inner channel 
sioners is hereby directed to improve the channel through be improved^ ° 
the inner basins of Lewis bay in the towns of Barnstable 
and Yarmouth, by dredging the same to the depth of six 



138 



Acts, 1900. — Chaps. 195, 196. 



Necessary land 
or materials 
may be taken, 
etc. 



Appropriation. 



feet at mean low water, substantially in accordance with 
the plan recommended in its annual report. 

Section 2. Said board may take by purchase or other- 
wise, in the name and behalf of the Commonwealth, any 
land or materials necessary for the improvement of said 
channel, and the manner of such taking and of determin- 
ing the damages caused thereby or by any doings of said 
board under the provisions of this act shall be the same 
as are provided by sections seven and eight of chapter 
four hundred and seven of the acts of the year eighteen 
hundred and ninety-three relative to the taking of land 
by the metropolitan park commission ; and said board 
shall for the purposes of this act have all the powers 
conferred upon the metropolitan park commission by said 
sections. The damages when finally determined shall be 
paid from the treasury of the Commonwealth to the per- 
son or persons entitled thereto. 

Section 3. The sum of twelve thousand five hundred 
dollars is hereby appropriated for the purposes of this act, 
to be paid out of the treasury of the Commonwealth. 

Section 4. This act shall take effect upon its passage. 

Approved April 3, 1900. 



T. Wason. 



CAftJO.195 -^^ -^CT TO AUTHORIZE THE SCHOOL COMMITTEE OF THE CITY OF 
BOSTON TO PAY A SUM OF MONEY TO ANNA W. WASON. 

Be it enacted, etc., as follows: 

Sly'be paid to Section 1 . The school committee of the city of Boston 
'w'Lon^^"'^^ is hereby authorized to pay to Anna W. Wason, widow 
of Henry T. Wason late sub-master in the Brimmer school 
in that city, the sum of three hundred and eighty-nine 
dollars and fifty cents, being the amount of unpaid salary 
actually earned by him, though payment thereof had not 
become due at the time of his death. 

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

Approved April 3, 1900. 



(7/ittX>.196 ■^'^ -^CT TO AUTHORIZE THE BOARD OF PARK COMMISSIONERS OF 
THE CITY OF MEDF'ORD TO ABANDON CERTAIN LANDS ACQUIRED 
BY IT FOR PARK PURPOSES. 

Be it enacted, etc., as folloivs : 

Section 1. The board of park commissioners of the 
city of Medford, with the concurrence of a majority of 



Certain lands, 
etc., may be 
abandoned by 

m'oners of Med- the metropolitan park commission, may, by deed executed, 

ford, etc 



Acts, 1900. — Chap. 197. 139 

acknowledged and recorded according to the laws of the 
Commonwealth, accompanied by a plan or survey also to 
be recorded, abandon any part of the lands or rights in 
land taken or acquired by it on, along or near Mystic 
river by its takings of November twenty-nine, in the year 
eighteen hundred and ninety-nine, descriptions whereof 
are duly recorded in the registry of deeds for the county 
of Middlesex, southern district, and such abandonment 
shall revest the title to such lands or rights as if they had 
never been taken, in the persons, their heirs and assigns, 
in whom it was vested at the time of taking. Such aban- 
donment may be pleaded in reduction of damages in any 
suit on account of said takings. 

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

Approved April 4, 1900. 



Ghap.197 



An Act RELATrvE to the transpoktation of scholars of the 

PUBLIC SCHOOLS 1!Y STREET RAILWAY COMPANIES. 

Be it enacted, etc., asfoUoivs: 

Section 1. The rates of fare charged by street or ele- Transportation 
vated railway companies in this Commonwealth for the puw^'achoois. 
transportation of scholars of the public schools between 
any given point from or to which it is necessary for them 
to ride in travelling to and from the schoolhouses in w^hich 
they attend school, and their homes, whether such school- 
houses are located in the city or town in which the scholars 
reside or in any other city or town, shall not exceed one 
half the regular fare charged by such street or elevated 
railway company for the transportation of other passengers 
between said points. 

Section 2. Tickets for the transportation of scholars Tickets, 
as aforesaid shall be sold in lots of ten each, and shall be 
received on said street and elevated railways during the 
days on which said schools are in session. 

Section 3. Any railway company violating this act Penalty. 
by refusing to transport a scholar or to furnish a package 
of tickets as aforesaid shall forfeit the sum of twenty-five 
dollars for each offence. 

Section 4. This act shall take effect upon its passage, when to take 
but for the term of twenty-five years from the tenth day *''^''*"* 
of June in the year eighteen hundred and ninety-seven 
it shall not apply to the Boston Elevated Railway Com- 
pany or to any railways now owned, leased or operated 
by it. Approved April 4, 1900. 



140 



Acts, 1900. — Chaps. 198, 199, 200, 201. 



Chap.198 



Associate com- 
missioners. 



An Act to change the name of the county office of special 
comlvnssioner to that of associate coivohssioner. 

Be it enacted, etc., asfolloivs: 

The county officers designated as special commissioners 
shall hereafter be designated as associate commissioners, 
and they shall have all the powers and duties and be sub- 
ject to all the restrictions now conferred or imposed upon 
the said special commissioners. Approved April 4, 1900. 



CArt79.199 ^^ -^CT TO CHANGE THE NAME OF THE FITCHBURG LOAN, TRUST 

AND SAFETY DEPOSIT COMPANY. 



Name changed. 



When to take 
effect. 



Be it enacted, etc., as folloios : 

Section 1. The name of the Fitchburg Loan, Trust 
and Safety Deposit Company, incorporated by chapter 
two hundred of the acts of the year eighteen hundred 
and ninety-five, is hereby changed to Fitchburg Trust 
Company. 

Section 2. This act shall take effect on the first day 
of February in the year nineteen hundred and one. 

Appj'oved April 4, 1900. 



ChClT).2i00 -^ -^^^ '^^ CHANGE THE NAME OF THE BROOKS LIBRARY ASSOCIA- 
TION, IN THE TOWN OF HARWICH. 



Name changed. 



Grants, be- 
quests, etc. 



Be it enacted, etc., as foUotvs : 

Section 1. The name of the Brooks Library Associa- 
tion, of Harwich, Massachusetts, is hereby changed to the 
Broadbrooks Free Library Association. 

Section 2. AH gifts, grants, bequests and devises here- 
tofore or hereafter made to the said corporation by either 
of said names shall vest in the Broadbrooks Free Library 
Association. 

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

Ap)proved April 4, 1900. 



CAa».201 ^^ ^^^'^ RELATIVE TO THE LICENSING OF ENGINEERS AND FIREMEN. 

Be it enacted, etc., as foUoivs : 

Section 1. Section four of chapter three hundred and 
sixty-eight of the acts of the year eighteen hundred and 
ninety-nine is hereby amended by striking out all after the 
word "other", in the seventeenth line, and inserting in 



1899, 368. § 4, 
amended. 



Acts, 1900. — Chap. 202. 141 

place thereof the following : — but no person shall be ex- 
amined for a special license for a particular plant unless a 
written request for such examination, signed by the owner 
or user of said plant, is tiled with the application, — so 
as to read as follows : — Section 4. Licenses shall be Ensineers and 
granted according to the competency or the applicant, Hcaiionot 
and shall be distributed in the following classes : — Engi- i^'^'^'^^®''- 
neers' 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 trustworthy shall be granted a license for 
such service and no other ; but no person shall be exam- 
ined for a special license for a particular plant unless a 
written request for such examination, signed by the owner 
or user of said plant, is filed with the application. 

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

Approved April 4^ 1900. 

An Act to authorize the city of chelsea to incur indebted- (JJidrj ^Q^ 

NESS BEYOND THE LIMIT FIXED BY LAW, FOR PUBLIC BUILDINGS 
AND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows : 

Section 1. The city of Chelsea, for the purpose of p"^,ifi^^* 
purchasing land and erecting thereon a hi^h school build- mem Loan, 

T . ^ . . ~ Act of 1900 

ing, tor furnishing the same, and for other school pur- 
poses, and for erecting a fire station and enlarging the 
Spencer Avenue schoolhouse, may incur indebtedness 
beyond the limit fixed by law to an amount not exceed- 
ing two hundred thousand dollars. Said city may from 
time to time issue bonds, notes or scrip to this amount, 
to be denominated on the face thereof. City of Chelsea 
Public Improvement Loan, Act of 1900, and may make 
said bonds, notes or scrip, with any renewals of the same, 
payable upon any date not later than the thirty-first daj 



Chelsea 
rove- 



142 Acts, 1900. — Chaps. 203, 204 

of December in the year nineteen hundred and twenty- 
five, and shall at the time of said issue establish a sinking 
fund and contribute thereto from year to year an amount 
raised annually by taxation sufficient with its accumula- 
tions to pay said bonds, notes or scrip, on the thirty-first 
day of December in the year nineteen hundred and twenty- 

Sinkmgfnnd. ^^^^ Au}' prcmiums received from sales of said bonds, 
notes or scrip, shall be paid into the sinking fund to be 
established for the purpose of extinguishing at maturity 
the debt hereby created. 

^"P"-''- Section 2. Section four of chapter two hundred and 

eighteen of the acts of the year eighteen hundred and 
ninety-seven is hereby repealed. 

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

Approved April 4, 1900. 

Chci'P.^03 ■^'^ -^CT TO EXTEND THE TIME FOR THE ORGANIZATION OF THE TAUN- 
TON SAFE DEPOSIT AND TRUST COMPANY. 

Be it enacted, etc., as foUoivs : 
Time extended. rpj^g Tauuton Safe Dcposit and Trust Company, incor- 
porated by chapter four hundred and sixty-eight of the 
acts of the year eighteen hundred and ninety-seven, may 
organize and begin business at any time before the first 
day of January in the year nineteen hundred and one. 

App7-oved April 4, 1900. 

Chap.204: ^^ -^CT TO PROVIDE FOR HOLDING A MEETING OP MEMBERS OF SAINT 
JOSEPH'S HOME, IN THE CITY OF BOSTON. 

Be it enacted, etc. , as follows : 

siTt^joL^ph'B Section 1. John J. Williams, Charles F. Donnelly 
Home may hold and Patrick Donahoe, the only surviving members of 
ameeing, ec. g^^^^^^ Joscph's Homc, a Corporation organized under 
chapter one hundred and eighty-five of the acts of the 
year eighteen hundred and sixty-seven, and situated in 
Boston, or a majority of them, are hereby authorized to 
call and hold a meeting of said corporation, at which new 
members and ofiicers may be chosen, ])y-laws concerning 
meetings and elections may be amended, and general busi- 
ness transacted : provided, that said meeting is called by 
a notice signed by a majority of said three members, and 
setting forth the time, place and purposes of such meet- 
ing, a copy of which notice shall be delivered or mailed 



Acts, 1900. — Chap. 205. 143 

to all the members of said corporation at least seven days 
prior to the time appointed for the meeting. 

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

Ap])roved April 4, 1900. 

An Act to provide for the construction of new buildings at (JJiap.%)^ 

THE MASSACHUSETTS HOSPITAL FOR EPILEPTICS. 

Be it enacted, etc., asfollorv.s: 

Section 1. The board of trustees of the Massachu- Massachusetts 
setts hospital for epileptics is hereby authorized to expend epileptics. 
a sum not exceeding twenty-five thousand four hundred 
and fifty dollars, for the following purposes: — For the 
erection of a boiler house, to contain a battery of six 
boilers, and for placing therein two suitable boilers, and 
for making the necessary connection with the present plant 
to heat the buildings not already heated by it, a sum not 
exceeding twenty-five thousand dollars ; and for the pur- 
chase of a stone quarry, a sum not exceeding four hun- 
dred and fifty dollars. 

Section 2. To meet the expenses incurred under the Hospital for 
provisions of this act the treasurer and receiver general i^P'iepticsLoan. 
is hereby authorized, with the approval of the governor 
and council, to issue scrip or certificates of indebtedness 
to an amount not exceeding twenty-five thousand four hun- 
dred and fifty dollars, for a term not exceeding thirty 
years. Such scrip or certificates of indebtedness shall 
be issued as registered bonds or with interest coupons 
attached, and shall bear interest not exceeding four per 
cent per annum, payable semi-annually on the first days 
of May and November in each year. They shall be desig- 
nated on the face thereof. Hospital for Epileptics Loan, 
shall be countersigned by the governor and shall be deemed 
a pledge of the faith and credit of the Commonwealth ; 
and the principal and interest shall be paid at the times 
specified therein in gold coin of the United States or its 
equivalent. Such scrip or certificates of indebtedness 
shall be sold or disposed of at public auction, or in such 
other mode, and at such times and prices, and in such 
amounts, and at such rates of interest, not exceeding the 
rate above specified, as shall be deemed best by the said 
treasurer. 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- 



14A Acts, 1900. — Chaps. 206, 207. 

pital Loan Sinking Fund, shall also be maintained for the 
purpose of extinguishing bonds issued under the authority 
of this act ; and the treasurer and receiver general shall 
apportion thereto from year to year an amount sufficient 
with the accumulations of said fund to extinguish at ma- 
turity the debt incurred by the issue of said bonds. The 
amount 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 efi'ect upon its passage. 

Approved April 4, 1900. 

Oh an '^OG ^^ -^^^ relative to the operating of the draw in the bridge 

ACROSS TAUNTON GREAT RIVER BETWEEN THE CITY OF FALL RIVER 
AND THE TOWN OF SOMERSET. 

Be it enacted^ etc., as foUoics : 

d^^'whibHd^e Section 1. The board of railroad commissioners shall, 
across Taimton bcforc the first day of July in the year nineteen hundred, 
prescribe the manner iu which the draw of the highway 
and railroad bridge across Taunton Great river between 
the city of Fall Kiver and the town of Somerset shall be 
altered so as to be operated by steam or electric power, 
and the time within which such alterations shall be made ; 
and shall also at the same time determine by whom such 
alterations shall be made, and the corporations, cities and 
towns by which, and the proportions in which, the cost 
of making such alterations and of operating said draw 
thereafter in the manner prescribed, shall be borne and 
paid. 
Repeal. Section 2. So much of chapter two hundred and 

ninety-five of the acts of the year eighteen hundred and 
seventy-two as is inconsistent with this act is hereby 
repealed. 

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

Approved April 4, 1900. 

Chctp.^iOl An Act to authorize the city of malden to take land and 

ISSUE BONDS FOR THE PURPOSE OF IMPROVING CERTAIN NATURAL 
WATER WAYS. 

Be it enacted, etc., as follows: 
Brooks, etc., Section 1. The citv of Maiden, for the purpose of 

in Maiden may „ -, . i -^ i t ii> j. i. 

be improved for surfacc drainage, may by its board ot street commis- 
pose^s!^^ ^"'^' sioners improve the brooks and natural streams or an/ 



Acts, 1900. — Chap. 207. 145 

part thereof flowing in or through the city, by widening 
the same, removing ol)s(ructions in or over them, divert- 
ing the water, or by altering the courses or deepening the 
channels thereof, and may conduct the water of any such 
brook or stream through pipes or conduits, or convert the 
same, whether in its original channel or after the altera- 
tion of the course of the same, wholly or in part into a 
covered conduit ; and for the purposes aforesaid may from May take cer- 
time to time purchase or take land in fee simple or other- Jl-' ea8''°meutl, * 
wise, not exceeding four rods in width, or any right or ''''^• 
easement in land, including any brook or stream, or part 
or parts of any brook or stream, which may be wholly or 
partly within the boundaries of an}'^ land so purchased or 
taken, and may change the course of any brook or stream 
so that it shall flow within said taking, and may by the 
construction of drains or otherwise divert any surface 
water into any brook upon Avhich they may so enter ; and 
for the purposes of this act may conduct any stream or 
drain across any railroad, street or way, without unneces- 
sarily obstructing the same, and may enter into and upon 
an}^ land, street or way, and do any work thereon which 
the board may deem necessary for said purposes, and may 
make such improvements on the land so taken or pur- 
chased as the board shall deem necessary for the protec- 
tion of public health and for protecting such brooks or 
streams against pollution, and may construct such walks 
or w'ays thereon as they may deem to be required for 
public convenience, and may also enter upon the location 
of any railroad corporation, by agreement with said cor- 
poration, for the purpose of improving, in the manner 
hereinbefore provided, brooks and natural streams flow^ing 
at the side of the tracks and within said location, and may 
do any work thereon which said board shall deem neces- 
sary ; and for the purposes of this act may enter into any 
contracts or agreements with any person or corporation. 

Section 2. When land is taken as provided in the Description of 
above section, otherwise than by purchase, the board recorcTedretc. 
shall, within thirty days after such taking, cause to be 
recorded in the registry of deeds for the county of Mid- 
dlesex, southern district, a description of the same as cer- 
tain as is required in a conveyance of land, together with 
a statement that the same is taken pursuant to the pro- 
visions of this act, which description and statement shall 
be signed by a majority of said board. All claims for 



146 



Acts, 1900. — Chap. 207. 



Damages. 



Grade of certain 
land may be 
raised, etc. 



Street commis- 
sioners may 
raise grade in 
certain cases, 
etc. 



Apportionment 
of assessments, 
etc. 



damages sustained by the taking of lands under this act, 
otherwise than by purchase, or by the entering upon land 
or upon any brook or stream, and the doing thereon or 
therein of any act herein authorized, shall be ascertained 
and recovered in the manner now provided by law in the 
case of land taken for highways : jyrovided, that, except 
in the case of lands taken under the provisions providing 
for the assessment of betterments, in estimating the dam- 
ages sustained by any person by the taking of his land 
or by any act done by virtue of this act there shall be 
allowed by way of set-off the benefit, if any, to the prop- 
erty of such person resulting from the taking of such land 
or from any act so done. 

Section 3. Said board of street commissioners may 
from time to time order the owners of land in said city, 
the whole or a part of the surface of which is in the 
opinion of said board so low that it cannot properly be 
drained, to raise the grade of such land or any part thereof, 
by filling the same to a grade established by said board, 
and to raise the grade of any private street, court or way 
or any part thereof upon said land ; such filling shall be 
done with materials satisfactory to said board, with refer- 
ence to a complete drainage of such land, so as to pre- 
vent and abate nuisances and to preserve the health of 
the city. 

Section 4. All orders and proceedings provided for 
in section three shall be made and served as provided by 
section twenty-two of chapter eighty of the Public Stat- 
utes, and if the owner of any such land fails to comply 
with any such order within six months after the service 
thereof the said board may raise the grade of such land 
and of any private street, way or court thereon, filling 
the same with good material to the grade authorized by 
the preceding section and specified in the order ; and all 
necessary expenses incurred thereby shall be a lien upon 
the land so filled, and a lien equally upon the land abut- 
ting upon either side of any private street, court or way 
so filled, and a lien upon all buildings upon such land, 
and may be collected, and the city collector may purchase 
such lands and buildings, in behalf of said city, in the 
same manner as is provided l)y law for the collection of 
taxes upon real estate, and in the case of land sold for 
taxes. 

Section 5. If the owner of any estate so assessed for 
such expenses desires to have the amount of the assess- 



Acts, 1900. — Chap. 207. 147 



mont apportioned he shall jxive notice in writino; of such Apportionment 
desire to said board at any tune berorc a demand is made etc. 
upon him for pa3'ment thereof, or at any time not exceed- 
ing thirty days after such demand, and said board shall 
thereupon apportion the said amount into three equal parts, 
which apportionment shall be certified to the assessors of 
said city, and the assessors shall each year for three years 
next ensuing, in addition to the annual tax on the estate, 
include in their warrant to the collector one of such annual 
parts, with interest thereon from the date of the appor- 
tionment, which part shall be collected and the lien there- 
for enforced in the same manner and with like charges for 
costs and interest, and with the same right in the collector 
to purchase said land in behalf of the city, as are provided 
by law in the case of the collection of taxes upon real 
estate. 

Section 6. Any person entitled to any estate in any Persons cUgsat. 
land the grade of which shall be raised, as provided in uonlo^a^ju^y.' 
this act, who is dissatisfied with the assessment of the cost 
of raising such grade may, wdthin six months after receiv- 
ing notice of such assessment, petition the superior court 
for the county of Middlesex for a jury ; and said court 
shall thereupon order a jury, who may revise such assess- 
ments, in the manner prescribed in chapter forty-nine of 
the Public Statutes. 

SECTioisr 7. Instead of making such complaint any city may take 

T J • /^ 1 -ji j^i ^ J. i." J.1 A. r laud of dissatis- 

person cnssatisfaed with the assessment or the cost ot tied persons in 
raising the grade of his land may give notice thereof in certain cases, 
writing to the said board within sixty days after he re- 
ceives notice of the assessment, and the city shall there- 
upon take his said land, and shall, wdthin sixty days 
thereafter, file in the registry of deeds for the county 
of Middlesex, southern district, a description of the land 
so taken as certain as is required in a common conveyance 
of land, together with a statement that the same is taken 
pursuant to the provisions of this act, which description 
and statement shall be signed by a majority of said board ; 
and the title to the land so taken shall vest absolutely in 
the city. 

Section 8. If any person whose land is taken under Damages. 
the preceding section agrees with the city as to the dam- 
ages sustained by him by reason of such taking, making 
due allowance for the improvement of raising the grade 
of such land, the same shall forthwith ])e paid to him by 
the city. If any such person shall not so agree he may 



148 



Acts, 1900. — Chap. 207. 



Assessment of 

bettenuents, 

etc. 



No work to be 
undertaken, 
etc., until ap- 
propriation is 
made. 



Maiden Surface 
Drainage Loan. 



at any time within six months from the filing of such de- 
scription and statement apply to the superior court for 
the county of Middlesex, as provided in section six of 
this act, for a jury to determine such damages, making 
due allowance for the improvement of raising the grade 
of his land ; and the proceedings shall be as provided in 
said section. 

Section 9. At any time within two years after any 
brook or natural stream in said city is improved or any 
land is filled in any of the ways provided in this act, under 
an order declaring the same to be done under the provi- 
sions of law authorizing the assessment of betterments, 
if in the opinion of the said board any real estate in said 
city, including that, if any, a part of which is taken there- 
for, receives any benefit or advantage therefrom beyond 
the general advantage to all real estate in the city, the 
board may determine the value of said benefit and ad- 
vantage to such real estate, and may assess upon the 
same a proportional share of the expense of making such 
improvement, but no such assessment shall exceed one 
half of such adjudged benefit and advantage, nor shall 
the same be made until the work of making the improve- 
ment is completed ; and all laws now or hereafter in force 
relating to the assessment or collection of betterments in 
the case of the laying out, altering, widening, grading or 
discontinuing of highways shall, so far as the same are 
applicable and not inconsistent with the provisions of this 
act, apply to the doings of the city and its officers under 
this act ; and all persons upon whose estates betterments 
shall be assessed under the provisions of this act, who are 
aggrieved thereby, shall have the same remedies now or 
hereafter provided by law in the case of persons aggrieved 
by the assessment of betterments in the laying out of 
highways. 

Section 10. No work or act herein authorized shall 
be undertaken, or contract therefor be made, or land be 
purchased or taken, as herein authorized, until an appro- 
priation has been made by the city council of the city of 
the moneys to be expended. 

Section 11. For the purpose of paying the expenses 
incurred from time to time by the city under this act, 
except for the construction of walks or ways, said city 
may, by votes passed from time to time in the manner 
provided by section seven of chapter twenty-nine of the 



Acts, 1900. — Chap. 208. 149 

Public Statutes, authorize the issue of negotiable bonds 
or certiricatcs of indebtedness to an aruount not exceed- 
ing two hundred thousand dollars, payable in not more 
than thirty years from their dates, and bearing interest 
at a rate not exceeding four per cent per annum, to be 
denominated on the face thereof. Maiden Surface Drain- 
age Loan. The debt authorized by this act shall not be Not to be reck- 
reckoned in determining the limit of indebtedness of the min'ingdebr' 
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 12. The city shall on issuing any such bonds sinking fund. 
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. 
Such sinking fund and its accumulations shall be used for 
no other purpose than the payment of such debt. Any 
premium realized from the sale of such bonds or certifi- 
cates of indebtedness shall be applied to the payment of 
the interest on said amount as it accrues. 

Section 13. This act shall take eflect upon its passage. 

Approved April 5, 1900. 



Chap.20S 



An Act to authorize milton academy to hold additional real 

AND personal ESTATE, AND TO CHANGE THE MEMBERSHIP OF ITS 
BOARD OF TRUSTEES. 

Be it enacted, etc., as foUoivs : 

Section 1. Milton Academy is hereby authorized to Mayhoidaddi- 
hold real and personal estate to an amount not exceeding per°onaTeJtate. 
five hundred thousand dollars. 

Section 2. Section five of "An Act for establishing Act establishing 
an academy in the Town of Milton, by the name of Mil- emy amended. 
ton Academy ", approved March 3, 1798, is hereby amended 
by striking out the w^ords "and that a majority of said 
trustees shall consist of men who are not inhabitants of 
the town of Milton ", so as to read as follows : — /Section 5. q ™rumf' 
Be it fur'ther enacted. That the number of the said trustees 
shall not, at one time, be more than fifteen nor less than 
nine ; five of w hom shall constitute a quorum to do 
business. 

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

Approved April 5, 1900. 



150 Acts, 1900. — Chaps. 209, 210, 211. 



C/]l(ip.'2i0^ ^^ ^^"^ '■^^ REGULATE THE SHOOTING OF BLACK DUCK, GEESE, BRANT 
AND OTHER AQUATIC BIRDS IN PLYMOUTH HARBOR OR BAY. 

jBe it enacted, etc., as foUoivs : 
shootingof Section 1. Whoever within the limits of Plymouth 

aquatic birds in iti»it t 

Plymouth har- narboi* oi' Day, so-called, includino- the waters adjacent to 
uuted. "^ ^^^ the towns of Plymouth, Kingston and Duxbury, shoots 
at or kills or pursues a black duck, goose, brant or other 
aquatic bird, by the use of any sneak boat, raft, floating 
box or device of like description, not including what is 
known as an ordinary dory or row boat, or by the use 
of any pivot gun or swivel gun, or any other firearm not 
usually held at and discharged from the shoulder, shall be 
punished by a fine of not less than ten nor more than fifty 
dollars. 
Repeal. Section 2. Chapter two liundrcd aud slxty-uine of the 

acts of the year eighteen hundred and eighty-eight is hereby 
repealed. Approved April 5, 1900. 

Chap.210 An Act to extend the time within which the amherst and 

SUNDERLAND STREET RAILWAY COMPANY MAY CONSTRUCT ITS 
ROAD. 

Be it enacted, etc., as folloios : 

etc.%mended. Scctiou eight of chapter one hundred and eleven of 
the acts of the year eighteen hundred and ninety-six, as 
amended by chapter one hundred and fourteen of the acts 
of the year eighteen hundred and nincty-eiglit, is hereby 
amended by striking out in the fifth line, the word "four", 
and inserting in place thereof the word : — six, — so as to 
To become void read as follows : — Section 8. The provisions of this act 
conditio'ns?'" shall bccome void so far as relates to the right of said 
company in any town where no portion of the proposed 
road has been built and put in operation at the end of six 
years from the passage of this act. 

Approved April 5, 1900. 

C/irtX>.211 ^^ ^^^ '^^ authorize the city of MARLBOROUGH TO MAKE A 

NEW DIVISION OF WARDS. 

Be it enacted, etc., asfolloivs: 

bolough^may Section 1. The city of Marlborough may, before the 

make a new firgt day of May in the vear nineteen hundred, by vote 

division of „ , s *' "^ ,. . . „ . ^ . 

wards. ot its City council, make a new division ot its territory 



A.CTS, 1000. — CiiAP. 212. 151 



into the munI)or of wardvS fixed by section thirty-seven 
of chapter three hundred nnd twenty of the acts of the 
year eighteen hundred and ninety. The boundaries of 
such wards shall be so arranged that the wards shall con- 
tain, as nearly as can be ascertained and as may be con- 
sistent with well detined limits to each ward, equal numbers 
of voters. 

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

Approved April 5, 1900. 



An Act relative to a system of sewerage and sewage dis- (77^,^/9.212 
posal for the town of gardner. 

Be it enacted, etc. , as folloivs : 

Section 1. Section three of chapter sixty-four of the isgo, 64, §3, 
acts of the year eighteen hundred and ninety is hereby '^"^^ 
amended by inserting after the word " town ", in the fourth 
line, the words: — They may from time to time adopt a 
system or systems of sewerage and sewage disposal for 
any part or parts of the town not included in the system 
adopted by the town, or extend the system adopted by the 
town, or alter or amend the same or any other system that 
may be adopted by them, as public necessity and con- 
venience may require, — also by adding at the end of said 
section the words : — or any extension, alteration or amend- 
ment thereof, — so as to read as follows : — Section 3. ^^^^sonetrms^y 
Said board of commissioners shall alone have power to construct and 
construct, mamtain and repau* all sewers, drains ancleis.etc. 
works necessary to complete the system of sewerage and 
sewage disposal adopted by the town. They may from 
time to time adopt a system or systems of sewerage and 
sewage disposal for any part or parts of the town not in- 
cluded in the system adopted by the town, or extend the 
system adopted by the town, or alter or amend the same 
or any other system that may be adopted by them, as pub- 
lic necessity and convenience may require. They shall essary^kuidsr 
have full power to take by purchase or otherwise any lights of way, 
lands, rights of way, easements or other real estate neces- 
sary for the establishment and construction of the system 
of sewerage and sewage disposal adopted, or any exten- 
sion, alteration or amendment thereof. 

Section 2. Section ten of said chapter is hereby isgo, 64, §io, 
amended by inserting after the word "of", in the third '""'' 
line, the words : — an assessment following upon, — so as 



152 



Acts, 1900. — Chap. 212. 



Persons ag- 
grieved may 
apply for revi- 

BiOD. 



1890, 64, § 11, 
amended. 



Collection of 
Bsseasments. 



to read as follows : — Section 10. A person aggrieved by 
such, determination of a sum to be paid by him under the 
preceding section may, within six months after written 
notice of an assessment following upon such determina- 
tion, apply to the county commissioners for a revision 
thereof. If they reduce the amount, the town shall pay 
the costs of the application and hearing ; otherwise the 
said costs shall be paid by the applicant. 

Section 3. Section eleven of said chapter is hereby 
amended by inserting after the word " act", in the second 
line, the words: — shall be assessed by said commission- 
ers and committed by them to the tax collector for collec- 
tion, and shall become due and payable within one year 
from the date of notice of the assessment, with interest 
after thirty days from the date of the assessment, until 
paid. Such assessment, — by striking out the words 
"board of commissioners", in the fifth and sixth lines, 
and inserting in place thereof the word: — collector, — 
and by adding at the end of said section the words : — If 
the owner of real estate within thirty days after written 
notice of a sewer assessment thereon gives written notice 
to the board making the assessment to apportion the same, 
said board shall thereupon apportion the same into such 
number of equal parts, not exceeding ten, as the owner 
designates in the notice, and shall certify such apportion- 
ment to the assessors. The assessors shall add one of the 
said parts, with interest from the date of said apportion- 
ment, to the annual tax upon said real estate for each year 
next ensuing, until all of said parts have so been added. 
All liens for the collection of such assessments shall con- 
tinue until the expiration of two years from the time when 
the last instalment is committed to the collector, and inter- 
est shall be added to all such assessments until paid : pro- 
vided^ that nothing herein contained shall be so construed 
as to prevent the payment at any time of any balance of 
said assessment then remaining unpaid, notwithstanding a 
prior apportionment. The collector of taxes is hereby 
authorized to use all means for the collection of sewer 
assessments which the town treasurer may use when ap- 
pointed collector of taxes, — so as to read as follows : — 
Section 11. The sum so determined to be paid under 
section nine of this act shall be assessed by said commis- 
sioners and committed by them to the tax collector for col- 
lection, and shall become due and payable within one year 
from the date of notice of the assessment, with interest 



Acts, 1900. — CiiAr. 213. 153 

after thirty days from tlic date of the assessment, until 

paid. Such assessment shall constitute a lien upon the To constitute 

1 , . - 1 •j_i 1 • r J a lien upon leiil 

real estate connected with any sewer or dram tor two years estate, etc. 
after the notice provided for in section ten, and may Avith 
all incidental costs and expenses be collected by said col- 
lector in the same manner as taxes upon real estate, or in 
an action of contract in the name of the town. If the Apportionment 
owner of real estate within thirty days after written notice ^^^'J'"'^*'**™'"" ^> 
of a sewer assessment thereon gives written notice to the 
board makinij the assessment to apportion the same, said 
board shall thereupon apportion the same into such num- 
ber of equal parts, not exceeding ten, as the owner desig- 
nates in the notice, and shall certify such apportionment to 
the assessors. The assessors shall add one of said parts, 
with interest from the date of said apportionment, to the 
annual tax upon said real estate for each year next ensu- 
ing, until all of said parts have so been added. All liens 
for the collection of such assessments shall continue until 
the expiration of two years from the time when the last 
instalment is committed to the collector, and interest shall 
be added to all such assessments until paid : jyt^ovided, that Proviso. 
nothing herein contained shall be so construed as to prevent 
the payment at any time of any balance of said assessment 
then remaining unpaid, notwithstanding a prior apportion- 
ment. The collector of taxes is hereby authorized to use 
all means for the collection of sewer assessments which the 
town treasurer may use when appointed collector of taxes. 
Section 4. This act shall take effect upon its passage. 

Approved April 10, 1900. 



Ghap.'21^ 



An Act to authorize and regulate the appointment of ad- 
ditional CONSTABLES IN TOWNS. 

Be it enacted, etc., as follows : 

Section 1. Whenever in the opinion of the board of Additional 

, . . ^ constableB may 

selectmen ot any town there is occasion for more con- be appointed in 
stables than have been elected by such town the board of 
selectmen may appoint such additional constables as may 
be necessary, who shall be subject to all the duties and 
obligations and vested with all the powers of constables 
elected by the town, including the power to serve civil 
process, in accordance with the provisions of chapter 
twenty-seven of the Public Statutes or any amendment 
thereof. 

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

Approved April 11, 1900. 



154 



Acts, 1900. — Chaps. 214, 215, 216. 



p. 8.117, §19, 
etc., amended. 



Purchase and 
sale of real 
estate by co- 
operative banks. 



Chcip.'2i\4: An Act relative to the purchase and sale of real estate 

BY co-operative BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter one hundred 
and seventeen of the Public Statutes, as amended by sec- 
tion two of chapter two hundred and forty-seven of the 
acts of the year eighteen hundred and ninety-eight, is 
hereby further amended by striking out the w'hole of said 
section and inserting in place thereof the following : — 
/Section 19. Any such corporation may purchase at any 
sale, public or private, any real estate upon which it may 
have a mortgage, judgment, lien or other incumbrance, or 
in which it may have an interest; and may sell, convey 
or lease any real estate acquired by it, and on the sale 
thereof may take a mortgage in common form thereon to 
secure the payment of the whole or part of the purchase 
money. All real estate shall be sold within five years 
from the acquisition of the title thereto : provided, hoio- 
ever, that the board of commissioners of savings banks 
may, upon the petition of the security committee of any 
such corporation and for good cause shown, grant an addi- 
tional time for the sale of the same. 

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

Approved April 11, 1900. 



Ch(ip.215 -^N Act to provide for the inspection of city and town 

ALMSHOUSES BY THE STATE BOARD OF CHARITY. 

Be it enacted, etc., as folloios: 

The state board of charity shall visit and inspect all 
almshouses maintained by the several cities and towns of 
the Commonwealth, and shall report annually upon their 
condition and management, with such suggestions and 
recommendations as the board may deem expedient. 

Approved April 11, 1900. 



state board of 
charity to 
inspect city 
and town 
almchouees. 



Chap.^ilG An Act relative to the appointment of assessors and 

ASSISTANT ASSESSORS IN THE CITY OF QUINCY. 

Be it enacted, etc., as folloivs: 

Section 1. In the month of January in the year nine- 
teen hundred and one the mayor of Quincy shall appoint 
a board of assessors, consisting of three persons, who 



AesesBors 
of Quincy, 
appointment, 

0tC. 



Acts, 1000. — Chaps. 217, 218. 155 

shall hold office until (he expiration of one, two and throe 
years, respectively, from the Hrst Monday in Fcl)ruary, 
1901, and annually in January thereafter the mayor shall 
appoint one assessor who shall hold office for the term of 
three years from the first Monday in February following. 

Section 2. The mayor may annually appoint one of chairman, 
said assessors chairman of the board, and if a chairman is 
not so appointed by the mayor the provisions as to the 
election of chairmen of other boards of the city shall apply 
to the board of assessors. 

Section 3. The city council may by vote of two thirds Assistant 
of its members authorize the appointment by the mayor Lppoiutment. 
of assistant assessors ; and, if so authorized, the mayor 
shall thereupon appoint them. 

Section 4. Clause IX of section thirty-four of chapter Repeat. 
three hundred and forty-seven of the acts of the year 
eighteen hundred and eighty-eight is hereby repealed. 

Section 5. This act shall take effect on the first Mon- when to take 
day of January in the year nineteen hundred and one. 



Approved April 11, 1900. 



Chap.217 



An Act to establish the salaries of the first and second 
clerks in the office of the auditor of accounts. 

Be it enacted, etc., as follows: 

Section 1. The salary of the first clerk in the office First cierk in 
of the auditor of accounts shall be twenty-five hundred offl<=« ''f ''"dstor. 
dollars a year, to be so allowed from the first day of Jan- 
uary in the year nineteen hundred. 

Section 2. The salary of the second clerk in the second cierk. 
office of the auditor of accounts shall be twenty-two hun- 
dred dollars a year, to be so allowed from the first day of 
January in the year nineteen hundred. 

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

Approved April 11, 1900. 



Chap.218 



An Act relative to the length of the school year in cer- 
tain TOWNS. 
Be it enacted, etc., as foUoios: 

Section 1. Section one of chapter four hundred and isos.m §i, 

r. 1 ,. , '- . 1 1 T 1 1 amended. 

mnety-six of the acts of the year eighteen hundred and 
ninety-eight is hereby amended by adding at the end of 
the first sentence the words : — except that in towns the 



156 Acts, 1900. — Chaps. 219, 220. 

assessed valuation of which is under two hundred thou- 
sand dollars the required period may, with the consent of 
the state board of education, be reduced to twenty-eight 
Instruction in wccks, — SO as to read as follows: — Section 1. Every 
schools."^ town and city shall maintain for at least thirty-two weeks 
in the year a sufficient number of schools for the instruc- 
tion of all the children who may legally attend a public 
school therein, except that in towns the assessed valua- 
tion of which is under two hundred thousand dollars the 
required period may, w ith the consent of the state board 
of education, be reduced to twenty-eight weeks. Such 
schools shall be taught by teachers of competent a])ility 
and good morals, and shall give instruction in orthog- 
raphy, reading, writing, the English language and gram- 
mar, geography, arithmetic, drawing, the history of the 
United States, physiology and hygiene, including special 
instruction as to the effect of alcoholic drinks and of 
stimulants and narcotics on the human system, and good 
behavior. Bookkeeping, algebra, geometry, one or more 
foreign languages, the elements of the natural sciences, 
kindergarten training, manual training, agriculture, sew- 
ing, cooking, vocal music, physical training, civil gov- 
ernment, ethics and such other subjects as the school 
committee deem expedient, may be taught in the public 
schools. 

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

Approved April 11, 1900. 

Char) 219 ^^ ^^^ relative to summer schools for teachers. 

Be it enacted, etc., as folloivs : 

summerBchoois Tlic statc board of education may hold such summer 
schools for teachers and for such periods of time as it 
may deem expedient. For defraying the expense of such 
schools there may annually be allowed and paid from the 
treasury of the Commonwealth a sum not exceeding fif- 
teen hundred dollars. Approved April 11, 1900. 

Ch(ip.22i0 An Act to authorize cities to indemnify police officers and 

MEMBERS OF FIRE DEPARTMENTS FOR DAMAGES SUSTAINED OR EX- 
PENSES INCURRED IN CERTAIN CASES. 

Be it enacted, etc., as folloivs . ■ 
1888, 379, §1 Section 1. Section one of chapter three hundred and 

etc., amended. /. , /. i ^ . , i t i i 

seventy-nme of the acts of the year eighteen hundred and 
eighty-eight, as amended by section one of chapter one 



Acts, 1900. — Chap. 221. 157 

hundred and eighty-six of the acts of the year eighteen 
hinuh-od and ninety-three, is hereby amended by inserting 
after the word "officers", in the tifth line, the words : — 
firemen or any member of the fire department, — by in- 
serting after the word ' ' officer", in the fifth line, the words : 

— fireman or any member of the fire department, — and 
by inserting after the word " officer", in the eighth line, 
the words: — fireman or member of the fire department, 

— so as to read as follows : — Section 1. Any city may, cities may 

. T li I indemnify 

\\\ its discretion, to an amount not exceeding the amount police officers 
which may be recommended by the board or officer having assiiuug^bem, 
the power to appoint police officers, firemen or any mem- *'"'• 
ber of the fire department in such city, indemnify a police 
officer, fireman or any member of the fire department, or 
any person required to assist police officers in the dis- 
charge of their duties, for any expenses or damages 
hitherto or hereafter by him sustained while acting as a 
police officer, fireman or member of the fire department, 
or incurred in the defence or settlement of any suit brought 
against him for acts done while so acting. 

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

Approved Ajml 11., 1900. 

An Act to authorize the boston mutual life insurance com- QJiap.221 

PANY TO ESTABLISH A GUARANTY CAPITAL. 

Be it enacted, etc., as follows: 

Section 1. The Boston Mutual Life Insurance Com- f'^^^^^^t*'!'*'' 
pany, a corporation existing and doing business under the capital. 
laws of this Commonwealth, is hereby authorized to estab- 
lish a guaranty capital of one hundred thousand dollars, 
divided into shares of one hundred dollars each, Avhich 
shall be invested in the same securities in which insurance 
companies are now required by law to invest their capital. 

Section 2. At all elections of directors the number ^'^^^j9^°"^jg 
shall be as provided in the by-laws of the corporation, 
one half of whom shall be elected by the subscribers to 
the guaranty capital stock, and the other half by the 
assured, voting in separate bodies. The directors shall 
either be stockholders or assured, and when they cease 
to be such stockholders or assured they shall cease to 
hold office as directors. 

Section 3. The stockholders of the guaranty capital Dividends, etc. 
shall be entitled to such annual dividends, not exceeding 
seven per cent, payable from the net surplus, as may have 



158 



Acts, 1900. — Chaps. 222, 223. 



been agreed upon in the subscription therefor. The guar- 
anty capital shall be redeemed by an appropriation of sur- 
plus whenever said surplus shall be in excess of three times 
the amount of said capital, or at any time prior thereto 
should the assured by vote so direct. 

Section 4. This act shall take effect upon its passage. 

Approved April 11, 1900. 



A bridge or 
causeway may 
be constructed 
over the Acusb- 
net river, etc. 



C7)ap.22i2 ^^ -^CT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE OR CAUSE- 
WAY OVER THE ACUSHNET RIVER BETWEEN THE CITY OF NEW BED- 
FORD AND THE TOWN OF ACUSHNET. 

Be it enacted, etc., as folloivs: 

Section 1. Joseph B. Slocom and Jean B. Jean are 
hereby authorized to construct and maintain a bridge or 
causeway, without a draw therein, over tide water, cross- 
ing the Acushnet river at a point about fifteen hundred 
feet southerly of the stone bridge at the Head-of-the- 
River, so-called, in the town of Acushnet, connecting the 
land of the said Jean B. Jean in the city of New Bedford 
with the land of the said Joseph B. Slocom in the town 
of Acushnet, subject to the provisions of chapter nine- 
teen of the Public Statutes and acts in amendment thereof. 

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

Approved April 12, 1900. 



Railroad cars 
to be i>rovided 
witli platform 
gates. 



Chaj)''2i2o ^^ -^^"^ ^^^ REQUIRE RAILROAD COMPANaES TO EQUIP THEIR CARS 

WITH PLATFORM GATES. 

Be it enacted, etc., as folJows : 

Section 1. On and after the first day of January in 
the year nineteen hundred and one every drawing-room 
or sleeping car, passenger, baggage, mail and express car, 
owned or regularly used on any railroad in this Common- 
wealth, shall be provided at each end thereof with plat- 
form gates of a pattern approved by the board of railroad 
commissioners. 

Section 2. Any railroad corporation running, hauling 
or permitting to be hauled or used on its road any car in 
violation of the provisions of this act shall be liable to 
a penalty of one hundred dollars for each offence, to be 
recovered in an action of tort, to the use of the Common- 
wealth, by the attorney-general or the district attorney for 
the district in which such violation occurred. 

Section 3. This act shall take effect on the first day 
of eTanuary in the year nineteen hundred and one. 

Ajyproved Apiril 12, 1900. 



Penalty. 



When to take 
effect. 



of Wobuiu, 
vacancies. 



Acts, 1900. — Chaps. 224, 225. 159 



An Act kelative to filling vacancies in the city council of (7^«r).224 

THE CITY OF AVOBUKN. 

Be it enacted., etc., asfoUoivs: 

Section 1. Any vacancy hereafter occurring in the city council 
city council of the city of Woburn shall be tilled for the 
unexpired term by election by the city council. Only 
legal voters of the same political party, and in case the 
vacancy is that of ward alderman of the same ward as 
the late occupant of the vacant office, shall be eligible to 
till the vacancy. Every such election by the city council 
shall be by ballot, after notice of at least one week printed 
in at least one of the newspapers published in the city, 
and a vote of a majority of the members of the city coun- 
cil shall be necessary for a choice. 

Section 2. So much of section five of chapter one Repeal 
hundred and seventy-two of the acts of the year eight- 
een hundred and ninety-seven as conflicts with this act 
is hereby repealed. 

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

Approved Aprril 12, 1900. 



An Act relative to printing certain public documents. Ch(l1) 225 
Be it enacted, etc., as follows: 

Section 1. There shall be printed annually six thou- Printing and 
sand copies of the report on the statistics of labor and ceitain"puWic^ 
five thousand copies of the report on the statistics of documents. 
manufactures. The reports on the statistics of manu- 
factures may be electrotyped and may be issued in parts 
in the manner now provided by law for reports on the 
statistics of labor, and each of said parts shall contain 
related or comparable information upon the industries 
of the Commonwealth. Of the editions above authorized 
one thousand copies of the parts of each of said reports 
shall be bound in pamphlet form and distributed under 
the direction of the chief of the l)ureau of statistics of 
labor ; and of such pamphlets five hundred copies of that 
part of each of said reports which relates to the labor and 
industrial chronology, so-called, may be bound together. 
The remainder of the edition of each of said reports shall 
be disposed of as now provided by law. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. 

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

Appjroved April 12, 1900. 



160 Acts, 1900. — Ciiaps. 226, 227. 



CTiaj)^^^ An Act to authorize the county commissioners of the county 

OF BERKSHIRE TO BUILD AND MAINTAIN A WAY THROUGH THE 
TOWNS OF NEW ASHFORD, ADAMS AND WILLIAMSTOWN, AND THE 
CITY OF NORTH ADAMS, CROSSING THE GREYLOCK RESERVATION. 

3e it enacted., etc., asfoHoivs: 
County com-^ Sectiox 1. The couiit}^ commissroners of the county 
Berkehire of Berkshire are hereby authorized to lay out, construct 
consmiXetc, and maintain at the expense of the county a public way 
way^etc.^"'"'"' from a point near the residence of George A. Bauer, in 
the town of New Ashford, through the towns of New Ash- 
ford, Adams and Williamstown, and the city of North 
Adams, and across the Grey lock state reservation, to a 
terminus near the Notch reservoir, so-called, in the city 
of North Adams. Said road shall be located and may be 
altered in the manner now provided by law for the loca- 
tion and alteration of county ways. 
Pubji^^way^^^ Section 2. The county commissioners may close said 
at certain times, -^r^y dui'ing such scasoHs of the year as they deem it wise 

to do so, or when it is necessary to close it for repairs. 
Certain boundB Section 3. The couutv commissioncrs shall not be 

not required. ' . i ti • i i • i .^ r^ 

required to erect bounds oi said highway upon the (jrrey- 
lock state reservation, nor upon more than one side of 
» the way where it passes over private lands. 

Section 4. This act shall take effect upon its passage. 

Approved xipril 12, 1900. 



Chap 



.227 -^^ -^CT TO AUTHORIZE THE TOWN OF METHUEN TO MAKE AN AD- 
DITIONAL WATER LOAN. 



Loan, 1900. 



Be it enacted, etc., as follows: 
Methuen^water SECTION 1. The towu of Mcthucn, for the purpose of 
extending and completing its system of water works, may 
issue notes or bonds from time to time to an amount not 
exceeding twenty-five thousand dollars in addition to the 
indebtedness already authorized for water purposes. Said 
notes or bonds shall bear on their face the words, Methuen 
Water Loan, 1900, shall be payable at the expiration of 
periods not exceeding thirty years from the dates of issue, 
and shall be issued upon the conditions and in the manner 
set forth in chapter three hundred and ten of the acts of 
the year eighteen hundred and ninety-two. 

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

Approved April 12, 1900. 



Acts, 1900. — Chaps. 228, 229, 230. 161 



An Act making ArPROPRiATioxs fou the expenses of the com- Chap.22S 

MISSIOXEUS ON THE TOl'Or.KAPIIICAL SURVEY AND MAP OF MAS- 
SACHUSETTS. 

Be it enacted, etc., asfoUoivs: 

Section 1. The following sums are hereby appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, to wit : — 

For expenses in connection with the determination of fopo^rapiacar 
town boundary lines and the regular work of the commis- survey. 
sion on topographical survey and map of Massachusetts 
during the year ending on the thirty-first day of December 
in the year nineteen hundred, a sum not exceeding twenty 
thousand dollars. 

For expenses of an examination and inspection of all inspection of 

1^ I luonumentB.etc. 

the monuments or other marks defining the location of 
the boundary lines of the Commonwealth, as provided for 
by chapter two hundred and ninety-nine of the acts of the 
year eighteen hundred and ninety-eight, a sum not exceed- 
ing fifteen hundred dollars. 

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

Api^roved April 13, 1900. 

An Act to establish the salary of the justice of the police (JJidj) 229 
COURT of williamstown. 

Be it enacted, etc., asfoUoics: 

Section 1. The salary of the justice of the police court '^"fi^ig^court of 
of Williamstown shall be eight hundred and fifty dollars a wiiuamstown. 
year, to be so allowed from the first day of January in the 
year nineteen hundred. 

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

Approved April 13, 1900. 

An Act relative to the taking of lobsters. (77zft7>.230 

Be it enacted, etc., asfolloivs: 

Section one of chapter one hundred and eighty-three of ^^g;jded ^ ^' 
the acts of the year eighteen hundred and ninety-three is 
hereby amended by striking out the words " being at the 
time ", in the first line, and inserting in place thereof the 
words : — having been, — and by inserting after the word 
"Commonwealth", in the second line, the words: — for 



162 Acts, 1900.— Chap. 231. 



Penalty on nou- oiie jcar, — SO as to I'ead as follows : — Section 1. Who- 
taking lobsters, ever, not having been an inhabitant of this Commonwealth 
for one year, sets or keeps or causes to be set or kept in 
any of the waters of this Commonwealth any pot, net or 
trap for the catching of lobsters, shall forfeit twenty dol- 
lars for each oifence, one half to the use of the complain- 
ant and one half to the use of the Commonwealth. 

Approved April 13, 1900. 

OhaiD '^Sl "^^ '^^^ RFXAXrVE TO POLITICAL DESIGNATIONS OF CANDIDATES FOR 

STATE, CITY AND TOWN OFFICES. 

Be it enacted, etc., as follows: 
1898, 548, § 147, Section 1. Scctiou ouc hundred and forty-seven of 

ameuded. , . , />i 

chapter fave hundred and lorty-eight ot the acts of the year 
eighteen hundred and ninety-eight is hereby amended by 
inserting after the word "office", in the second line of 
the last paragraph, the words : — otherwise than by nomi- 
nation papers, — so that the said paragraph shall read as 
Determination follows : — Whcu uiorc Candidates bearing the same politi- 

when sGvcriil " "^ 

candidates have cal or othcr designation are nominated for an office, other- 

earae esigna- ^jgg than by uomiuation papers, than are to be elected 

thereto, such boards shall determine the candidates, if 

any, entitled to such designation. 

i898^54Mi93, Section 2. Section one hundred and ninety-three of 

said chapter is hereby amended by inserting after the word 

"designation", in the ninth line of the third paragraph 

of said section, the words: — nominated otherwise than 

by nomination papers, — so that the said paragraph shall 

Candidates with read as follows : — To the name of each candidate for a 

eaine esigua- g^j^^-g ^j. ^.-^.y ofg^.^ shall bc 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 designation of the party or principle which he 
represents, contained in the certificate of nomination or 
nomination papers. No greater number of candidates for 
any office, bearing the same political designation, nomi- 
nated otherwise than by nomination papers, shall be placed 
upon the official ballot than are to be elected. 

Approved April 13, 1900. 



Acts, 1900. — Chap. 232. 163 



A.N Act relative to the issuance of letters ov gitahoiansiiip Chcit).23'2 
TO non-resident guardians of non-resident wards. 

Be it enacted, etc., as follows: 

Section twenty of chapter one hundred and thirty-nine i*. s ms, §20. 
of the Public Statutes is hereby amended by inserting in '""^" '' 
the second line, after the word "to", the words: — real 
or personal, — by striking out in the tenth, eleventh, 
twelfth and thirteenth lines, the words "and also shows 
to such probate court that a removal of such ward's prop- 
erty will not conflict with the terms or limitations attend- 
ing the right by which the ward owns the same", — by 
inserting at the end of the fifteenth line, the words : — 
in this Commonwealth, — by inserting in the sixteenth 
line, after the word " him ", the words : — to care for and 
manage the real estate of such ward, to collect the rents, 
issues and profits therefrom and, — by striking out in the 
seventeenth line, the words "the same out of the Com- 
monwealth ", and inserting in place thereof the words : — 
any of the movable property or estate of such ward out 
of this Commonwealth, provided such removal will not 
conflict with the terms or limitations attending the right 
by which the ward holds the same, — and by inserting in 
the nineteenth line, before the w^ord " estate", the words : 
— property or, — so as to read as follows : — Section 20. issuance of 
When a person who is a resident of another state or terri- guardianship 
tory of the United States is entitled to real or personal g'^iar"d'iiin«of''" 
property of any description in this Commonwealth, and is wa°rdT"^'*°' 
under the guardianship of a person who is also a resident 
of such other state or territory, if such guardian produces 
to the probate court of the county in which such property 
or the principal part thereof is situated a full and com- 
plete and duly exemplified or authenticated transcript from 
the records of a court of competent jurisdiction in such 
other state or territory, showing that he has there been 
appointed such guardian, and has given a bond and se- 
curity in double the value of the property of such ward, 
then such transcript may be recorded in such probate 
court, and such guardian shall be entitled to receive from 
such court letters of guardianship of the estate of such 
ward in this Commonwealth which shall authorize him to 
care for and manage the real estate of such ward, to col- 
lect the rents, issues and profits therefrom and to demand, 



164 Acts, 1900. — Chaps. 233, 234. 

sue for, and recover any such property, and to remove 
any of the movable property or estate of such ward out 
of this Commonwealth, provided such removal will not 
conflict with the terms or limitations attending the right 
by which the ward holds the same. Such probate court 
may also order any resident guardian, executor, or ad- 
ministrator, having any of the property or estate of such 
ward, to deliver the same to any person who has taken 
out letters of guardianship as aforesaid. 

Approved April 13, 1900. 

CkCtJ)-'^^^ ^^ ■^'^^ ^^ AUTHORIZE THE BOARD OP FREE PUBLIC LIBRARY COM- 
MISSIONERS TO PURCHASE BOOKS FOR THE FREE PUBLIC LIBRA- 
RIES OF CERTAIN TOWNS. 

Be it enacted, etc., asJ'oUoivs: 
Purchase of The board of free public library commissioners may ex- 

books for free i •/ •/ 

public libraries, pcud, iu sucli amouuts and at such times as they deem ex- 
pedient, a sum not exceeding one hundred dollars, for the 
purchase of books for every free public library owned and 
controlled by a town the valuation of which does not exceed 

Proviso. six hundred thousand dollars : providpcl, that the town shall 

have complied with all laws relative to the maintenance of 
such library, and that the trustees of the library shall pro- 
vide, to the satisfaction of the board, for the distribution 
of books in different parts of the town where such distri- 
bution is necessary, by means of l)ranch libraries or deliv- 
eries, and for practical and eflective means of rendering 
the library useful to the teachers and scholars of the pub- 
lic schools in such town. Aiyproved April 13, 1900. 



Cliap.2M 



An Act relative to fishing in podonk pond. 
Be it exacted, etc., as folloivs : 
Taking of fisi, Sectiox 1. All takiuo; of fish in the pond known as 

in Podonk pond ,.,, , , ii/^ .}. 

restricted. Fodouk poiid and as lake Quacunujuasit, lying wholly or 
partly in the towns of Brookfleld and Sturbridge, shall be 
unlawful from and including the first day of October, to 
and including the twentieth day of June, for a period of 
five years beginning with the year nineteen hundred ; and 
the commissioners on inland fisheries and game are hereby 
authorized and directed to forbid and prevent such taking. 

Amount of fiHii Skction 2. Duriuo; the open season provided for in 

which may be . '^ i • i i /> x 

taken in open scctiou ouc, namelv, betwceu the twentieth day of June 

season. ' ,. ' ./ 



Acts, 1900. — Ciiaps. 235, 236. 165 

and (he first clay of October in each year (liiring the said 
period of live years, it shall be unlawl'ul for any person to 
take from said pond in any one day more than twelve 
pounds of white perch or five pounds of trout, salmon 
trout and landlocked salmon ; and the said commissioners 
are hereb}' authorized and directed to forbid and prevent 
such taking. 

Section 3. Whoever violates any provision of this act Penalty. 
shall be punished by a fine of twenty dollars for each 
offence. Approved April 13, 1900. 

An Act relative to the school committee uk the city <^>i' (JJi(in.'2i35 

BOSTON. 

Be it enacted, etc., cts folio tcs : 

Section 1. The members of the school committee of Jf^tinchoo" 
the city of Boston for the time beiui;: shall continue to coramiiieL- of 

• " • 1 1 (• nil 11 1 /< Boston to cou- 

constitute a corporation by the name or ihe School Lom- tinuoacorpo- 
mittee of the City of Boston; shall as such corporation ceAai'u pur- 
have all the powers and be subject to all the duties appli- ^'°^^''' 
cable to such corporations ; shall continue to hold the funds 
now held by it for the benefit of persons or the families of 
persons who are or have been teachers in the public schools 
of the city of Boston, and all other real or personal prop- 
erty hereafter given for said purposes, and shall take and 
hold all property hereafter given to it for lectures and 
other educational purposes, including the property left by 
Robert C. Waterston, late of Boston, to be known as the 
Teachers' Waterston Fund ; and, conforming to the direc- 
tions of the givers thereof, shall manage and dispose of all 
said property or the income thereof according to its best 
discretion, for the purposes aforesaid; but shall dispose 
of the income of the fund known as the Charlestown 
School Trust Fund for the l)encfit of persons or the fam- 
ilies of persons who are or have been teachers within the 
limits of what w^as formerly the city of Charlestown 
Section 2. This act shall take effect upon its passage. 

Approved April 13, 1900. 

An Act to abate the smoke nuisance in the city oe spuing- Qhct/J.^Sd 

FIELD. 

Be it enacted, etc., as follows : 

Section 1. In the city of Sprinirfield the emission into certain emiB- 

.1 • /• 1 1 1 1 ■" 1 /• sious of smoke 

the open air oi dark smoke or dense gray smoke tor more declared a 



166 



Acts, 1900. — Chap. 237. 



Penalty. 



Enforcement 
of law. 



Operation 
of certain 
furnaces, etc., 
may be 
restrained. 



When to take 
effect. 



than two minutes continuously, or the emission of such 
smoke during twelve per cent of any continuous period of 
twelv-e hours, is hereby declared a nuisance. 

Section 2. Whoever commits such nuisance or suffers 
the same to be committed on any premises owned or occu- 
pied by him, or in any way participates in committing the 
same, shall be punished by a tine of not more than one 
hundred dollars for each week during any part of which 
such nuisance exists. 

Section 3. The mayor of the city shall designate some 
proper person among the officers of the city, who shall be 
charged with the enforcement of this law. Such designa- 
tion shall be made in January of each year, but shall be 
subject to change at any time. 

Section 4. The officer so designated may apply to the 
supreme judicial or superior court or to any justice thereof 
for an injunction to restrain the further operation of any 
furnace, steam boiler or boilers which are being operated 
in such a manner as to create a nuisance as herein defined ; 
and said court or justice may after hearing the parties en- 
join the further operation of any such furnace, boiler or 
boilers. 

Section 5. This act shall take effect on the first day 
of September in the year nineteen hundred. 

Ap2:)roved April 13, 1900. 



Chap.237 An Act to provide for a public school teachers' retirement 

FUND IN THE CITY OF BOSTON. 



Teachers' 
Retirement 
Fund to be 
created in 
Boston. 



Truetees, 
election, 
terms, etc. 



Be it enacted, etc., as follows : 

Section 1. Upon the passage of this act, a Teachers' 
Retirement Fund shall be created in the city of Boston, 
which shall consist of: — 

(a) A permanent fund, made up of gifts and legacies 
specifically given to said permanent fund, and a sum set 
apart by the board of trustees. 

(6) A general fund, made up of gifts and legacies not 
specifically given to said permanent fund, amounts re- 
tained from the salaries of teachers under the provisions 
of this act, and the interest derived from said permanent 
fund. The general fund may ])e drawn upon for the pur- 
poses of this act by said board of trustees, in its discretion. 

Section 2. The superintendent of public schools in 
the city of Boston, three female teachers and three male 



Acts, 1900.— Chap. 237. IGT 

teachers, also of said city and holding positions in the TruBtew, 
public schools as instructors, and four members of the terms, etc. 
school conmiittee of said city, shall constitute the board 
of trustees. The superintendent of public schools shall 
hold office in said board ex officio, and the other ten mem- 
bers shall be chosen as follows : — At the first annual meet- 
ing of the school teachers in the city of Boston who are 
included in this act, which shall be held on the last Satur- 
day of October in the year nineteen hundred, there shall 
be elected by ballot one female teacher who shall hold 
office for a term of one year, one female teacher who shall 
hold office for a term of two years, one female teacher who 
shall hold office for a term of three years, one male teacher 
who shall hold office for a term of one year, one male 
teacher who shall hold office for a term of two years and 
one male teacher who shall hold office for a term of three 
years ; and a majority of all the votes cast shall be neces- 
sary in each case for an election. Said meeting shall be 
called by the superintendent of public schools after due 
notice to all the school teachers in the city of Boston in- 
cluded in this act, at such hour and place as he shall des- 
ignate. Annually thereafter, at a meeting duly called by 
said board of trustees on the last Saturday in October, one 
female teacher and one male teacher shall be elected in the 
same manner for a term of three years. At the first reg- 
ular meeting of the school committee of the city of Bos- 
ton in October in the year nineteen hundred it shall elect 
two of its number to be members of said board of trustees 
for a period of one year, and two of its number to be 
members of said board for a period of two years ; and 
annually thereatter at its first meeting in October the 
school committee shall elect two of its number to be 
members of said board for a period of two years. Said ^a^^f"g^'"'°°' 
board shall organize by adopting rules of its own, not 
inconsistent with this act, and in case of a vacancy in its 
membership shall have power to fill such vacancy for the . 
unexpired term. 

Section 3. Said board shall have control of the retire- Powers and 
ment fund, investing the same only in such securities as 
savings banks are authorized by law to invest in. The 
board shall receive and consider all applications for an- 
nuities under this act, and shall determine and direct pay- 
ment of the same. The board shall keep full and complete 
records of the receipts and disbursements on account of 



168 



Acts, 1900.— Chap. 237. 



Expenses, etc. 



City treasurer 
to be custodian 
of retirement 
fund, etc. 



Certain sum 
to be reserved 
from salary of 
each teacher. 



Annuities to 
certain teachers 



Annuities to 
teachers inca- 
pacitated for 
teaching, etc. 



this fund, and a complete list of all annuitants, and shall 
make a report of the same at each annual meeting of the 
teachers in October. All necessary expenses incurred by 
the board in carrying out the provisions of this act shall 
be paid out of the retirement fund, in accordance with 
votes of the board. The members of the board shall 
serve without compensation. Whenever any member of 
the board shall cease to hold a position as member of the 
school committee of said city, or as teacher in the public 
schools, respectively, his or her membership in the board 
shall thereupon cease. 

Section 4. The city treasurer, under the direction of 
the board of trustees, shall be the custodian of the retire- 
ment fund, and shall make payments therefrom as ordered 
by the board. He shall receive such compensation for his 
services and clerk hire, not exceeding fifteen hundred dol- 
lars a year, as the board of trustees shall determine, and 
the sum so determined shall be appropriated for that pur- 
pose by the school committee of the city of Boston. 

Section 5. Beginning with the monthly payments in 
November in the year nineteen hundred the city treasurer 
of the city of Boston shall reserve from the salary of each 
teacher who has come under the provisions of this act the 
sum of three dollars, and in every alternate monthly pay- 
ment thereafter shall reserve the same sum, and shall pay 
the sums so reserved into the school teachers' retirement 
fund, as herein provided. 

Section 6. The city treasurer, upon vote of the board 
of trustees, shall pay out of said retirement fund, in monthly 
payments, such an annuity to any teacher who shall retire 
or be discharged from the service of the city, as the fund 
will allow and said board of trustees shall determine ; but 
in no case shall a teacher receive such annuity unless such 
teacher has taught for thirty years, and for at least ten 
years in the public day schools of the city of Boston, 
except as hereinafter provided. 

Section 7. The city treasurer, upon a vote of the 
board of trustees, shall pay out of the retirement fund, 
in monthly payments, such an annuity to any teacher who 
has taught not less than two years in the city of Boston, 
although less than thirty years in the aggregate, as the 
fund will allow and said board of trustees shall deter- 
mine, if such teacher has become incapacitated for teach- 
ing and has been discharged from the service of the city 



Acts, 1900. — Chap. 238. 169 

of Boston : provided, that a certificate ol" such incapacity Provisos, 
be furnished hy the attending physician and by a physi- 
cian employed by the board of trustees ; and fiwther pro- 
vided, that the annuity shall cease when the incapacity 
ceases. 

Section 8, All annuities shall l)e uniform in amount, [(^'ff^''^^"""'' 
Avhether the annuitants are retired under the provisions unifoimin 
of section six or of section seven, except as provided in 
section nine of this act. 

Section 9. No annuity shall be paid to any teacher No annuity to 
until such teacher shall contribute, or has contributed to ircei'iaiiTsum 
the general fund, a sum equal to all the assessments for trSbuTeu" et". 
thirty years, to wit: — Five hundred and forty dollars; 
but should any teacher seeking to retire under section six 
or section seven be unable to pay the full amount of assess- 
ments as above specitied, before receiving an annuity, the 
board of trustees may in its discretion make to such retir- 
ing teacher such monthly payments as in the opinion of 
said board the needs of such teacher ma}"^ require. 

Section 10. Any teacher who shall have been a con- certain teachers 
tributing member for two years or more, who shall retire "miion'^of"^ 
from the service of the city of Boston not being in receipt amouut paui. 
of an annuity, shall, upon application within three months 
after date of such retirement, receive one half of the total 
amount paid by such teacher into said fund. 

Section 11. This act shall be binding upon all teachers to he binding 
entering the service of the city of Boston after it goes into "eachersV" 
effect, and upon such of the teachers in the service of said 
city at the time of its enactment as may thereafter elect 
to come under its provisions ; and notice in writing to 
the superintendent of schools, signed ]\y the teacher so 
electing, shall be conclusive as to such election. 

Section 12. The term " teacher", in this act, shall in- The term _ 
elude all supervisors, superintendents of instruction, prin- detiued. 
cipals and regular instructors in the pul)lic day schools. 

Section 13. This act shall take effect upon its passage. 

Approved April 17, 1900. 



Chajh^dS 



An Act to authorize the proprietors of the locks and 
canals on merrimack rfver to discontinue the upper free 
landing jn the city of lowell. 

Be it enacted, etc., as foUoivs : 

Section 1. The Proprietors of the Locks and Canals Not required 
on Merrimack River shall not be required to maintain cerTallTfree 

lauding places. 



170 Acts, 1900. — Chap. 239. 

hereafter the so-called upper free landin<r place above the 
*' Swamp locks", in the city of Lowell, nor to maintain 
any free landing place above said " Swamp locks", on the 
Patucket canal instead thereof. 

Repeal. SECTION 2. So much of scction two of chapter one 

hundred and thirty-two of the acts of the year eighteen 
hundred and thirty-live, being "An Act to regulate the 
toll on Patucket canal ", as amended by chapter ninety- 
seven of the acts of the year eighteen hundred and fifty- 
three, chapter fifty-six of the acts of the year eighteen 
hundred and eighty-two, and chapter one hundred and 
six of the acts of the year eighteen hundred and eighty- 
nine, as is inconsistent with the provisions of this act, is 
hereby repealed. 

whontotake Section 3. Thls act shall take effect if assented to by 
the mayor and city council of the city of Lowell within 
three years from the passage of this act, by concurrent 
votes of said council approved by the mayor, provided 
the city council, with the approval of the mayor, and the 
Proprietors of the Locks and Canals shall agree upon 
such terms as shall provide a free landing place above 
the "Swamp locks", otherwise this act shall be null 
and void. Approved April 17^ 1900. 

(Jhap.^t^^ An Act to pkovide fok an appeal from orders of inspectors 

OF FACTORIES AND PUBLIC BUILDINGS. 

Be it enacted^ etc., as folloius: 

amended ^ *^' Scction forty-two of chapter five hundred and eight of 
the acts of the year eighteen hundred and ninety-four is 
hereby amended by adding at the end thereof the words : — 
Any person or corporation aggrieved by the order of an 
inspector issued as above provided, and relating to a 
public building or a schoolhouse in a city or town may, 
within thirty days from the day of the service thereof, or, 
in the case of such an order ah'eady issued, within thirty 
days from the date when this act takes effect, apply in 
writing to the state board of health to set aside or amend 
the same ; and thereupon, after such notice as said board 
shall order to all parties interested, a hearing shall be 
given by said board upon such order of the inspector, and 
said board may either alter, annul or confirm the same. 
The order, if altered or confirmed, shall have the same 
force and effect as the original order, — so as to read as 



Acts, 1900. — Chap. 240. 171 

follows: — Section 42. Whenever it appears to an in- inspector may 
spector of factories and public buildings that further or provLlons'oZ 
ditlcrent sanitary provisions or means of ventilation are v"t'uiatioi. to 
required in any public buildino- or schoolhouse, in order tie provided in 

1 1 • . I . certain cases. 

to contorm to the requirements ot this act, and that the 
same can be j)rovided Avithout incurring unreasonable 
expense, such inspector may issue a written order to the 
})ro})er person or authority, directing such sanitary pro- 
visions or means of ventilation to be provided, and they 
shall thereupon be provided, in accordance with such order, 
by the public authority, corporation or person having 
charge of, owning or leasing such public Imilding or school- 
house. Any person or corporation aggrieved by the order Persons, etc., 
of an inspector issued as above provided, and relating to apply'toui"''^ 
a public building or a schoolhouse in a city or town may, 
within thirty days from the day of the service thereof, or, 
in the case of such an order already issued, within thirty 
days from the date when this act takes eifect, apply in 
writing to the state board of health to set aside or amend 
the same; and thereupon, after such notice as said board 
shall order to all parties interested, a hearing shall be 
given by said l)oard upon such order of the inspector, and 
said board may either alter, annul or confirm the same. 
The order, if altered or confirmed, shall have the same 
force and effect as the oriirinal order. 



state board 
of health, etc. 



Approved Aj^rillT, 1900. 



ChapMO 



Ax Act to katify the proceedings of st. petek's chukch in 

CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedins^s of the Protestant Proceedings of 

. , , . . • i. • /-( 1 • 1 • 1 ^'"'' 1 lotpstant 

iiipiscojml religious society in Cambridge organized on Episcopal reiig- 
the twenty-seventh day of October in the year eighteen inCambHd^ge 
hundred and forty-two under the name of St. Peter's '■''*^*^**'^- 
Church shall not be invalidated by any irregularity or in- 
formality in such acts and proceedings between said date 
and the date of the passage of this act ; and the organiza- 
tion of said society and all its acts and proceedings, 
including the action of said society in changing its name 
to the Parish of St. Peter's Church, are hereby ratified 
and declared valid. 

Section 2. Chapter sixty-six of the acts of the year uepeai. 
eighteen hundred and ninety-six is hereby repealed. 

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

A2:)2Jroved April 18, 1900. 



172 



Acts, 1900. — Chap. 211. 



C/««».241 ^^ ^^'^ '^^ REQUIRE THE COM>nSSIONERS OF PRISONS OF MASSA- 
CHUSETTS AND C'EKTAIN OTHER OFFICIALS TO TRANSMIT TO THE 
ELECTION COMlVnSSIONERS OF THE CITY OF BOSTON THE NAMES 
OF RESIDENTS OF SAID CITY CONFINED IN CERTAIN PENAL AND 
CHARITABLE INSTITUTIONS. 



189S, 54S, § 24, 
amunded. 



Names, etc., of 
certain persons 
deceased to bo 
sent to regis- 
trars. 



Names, etc., of 
persons con- 
fined in certain 
institutions to 
be sent to board 
of election com- 
missioners of 
Boston, etc. 



Be it enacted, etc., asfolloivs: 

Section 1. Sectiou twenty-four of chapter five hun- 
dred and forty-eiofht of the acts of the year eighteen hun- 
dred and ninety -eight ls hereby amended by adding at the 
end thereof the words : — The commissioners of prisons 
of Massachusetts, the penal institutions commissioner of 
Boston, the pauper institutions trustees of Boston and the 
insane hospital trustees of Boston shall, ten days before 
every state and city electi(ni in Boston, transmit to the 
board of election commissioners of Boston the names of 
all persons then confined in the institutions under their 
charge, respectively, whose terms of confinement expire 
after the date of such election and who had a last known 
residence in Boston, giving such residence by street and 
number where it is possible to do so. The election com- 
missioners shall thereupon make a memorandum in red 
ink opposite the names of such of said persons as appear 
upon the voting lists, stating the institutions in which such 
persons are then confined, and copies of the voting lists 
containing such memoranda shall forthwith be sent by 
them to the election ofiicers, — so as to read as follows : — 
Sectiou 24. The city or town clerk or registrar of deaths 
in each city or town shall, on the first day of every month, 
and also two days before every election, transmit to the 
registrars of voters a list of the names of all residents of 
such city or town of twenty-one years of age or upwards, 
who died in the preceding month, or since the date of the 
list previously transmitted, with a statement of the ward, 
street and number therein, if any, where such person 
resided at his death. The commissioners of prisons 
of Massachusetts, the penal institutions commissioner of 
Boston, the pauper institutions trustees of Boston and the 
insane hospital trustees of Boston shall, ten days before 
every state and city election in Boston, transmit to the 
board of election commissioners of Boston the names of 
all persons then confined in the institutions under their 
charge, respectively, whose terms of confinement expire 



Acts, 1900. — Chaps. 242, 243. 173 

after the date of such election and who had a last known 
ro8i(loneo in Hoston, irivinir such residence by street and 
nunil)er where it is possible to do so. The election com- 
missioners shall thereupon make a memorandum in red 
ink opposite the names of such of said persons as appear 
upon the votinsi: lists, stating the institutions in which 
such persons are then confined, and copies of the voting 
lists containing such memoranda shall forthwith be sent 
by them to the election officers. 

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

Approved April IS, 1900. 



ChapM2 



commission. 



Ax Act relative to the laying of drains and sewers in or 

ACROSS LANDS CONTROLLED BY THE METROPOLITAN PARK COM- 

unssiON. 
Be it enacted, etc. , as foUoivs : 

Section 1. The metropolitan park commission is Laying of 
hereby authorized to grant to cities and towns locations oracrotfs lanX 
for common sewers and drains in and across ways and bou- uiera°etropoii. 
levards constructed by the commission on lands taken or ^0^^/^^; 
acquired for the Commonwealth by the commission, and 
in and through lands taken or acquired hy the commission 
for the Commonwealth or transferred to the commission 
for care and control. Whenever a drain or sewer is laid 
in locations so granted by the commission to a city or 
town the board of city or town officers respectively au- 
thorized to levy and collect assessments for the laying 
of drains and sewers in such city or town shall have the 
same power to lev}" and collect assessments for drains 
and sewers laid in said ways, boulevards or lands as is 
given to them by law in the case of drains and sewers 
laid in the public ways of such city or town : provided, 
however, that no such assessment shall be levied upon any 
lands belonging to the Commonwealth. 

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

Approved April IS, 1900. 



ChapMS 



An Act to authorize the town of amherst to incur indebt- 
edness FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows : 

Section 1. The town of Amherst may incur indebt- May incur 

J Til indebteonebo 

edness to an amount not exceeding twenty thousand for school pur- 
dollars, for the purpose of enlarging the high school build- 



poses. 



174 



Acts, 1900. — Chap. 2M. 



AraherBt School 
Loan. 



Indebtedness to 
be authonzed 
at a town meet- 
ing. 



Payment of 
loan, etc. 



Not to be 
reckoned in 
deteimining 
debt limit. 



ing now in use and making it conform to the requirements 
of law with respect to sanitary, heating and ventilating 
appliances. 

Section 2. For payment of the indebtedness incurred 
under this act said town may issue its negotiable bonds, 
notes or scrip, signed by the treasurer and countersigned 
by the selectmen. Such bonds, notes or scrip shall be 
denominated on their face, Amherst School Loan, shall 
bear interest at a rate not exceeding four per cent per 
annum, and shall be so issued that not less than one tenth 
part thereof shall mature yearly, so that all of said bonds, 
notes or scrip shall mature within ten years from the dates 
of their issue. 

Section 3. The indebtedness hereby authorized shall 
be incurred only when authorized by a vote of two thirds 
of the voters present and voting at a town meeting duly 
called for that purpose. 

Section 4. Said town shall raise by taxation each 
year an amount sufficient to pay the interest on such of 
said bonds, notes or scrip as may at the time be outstand- 
ing, and to pay the principal of any bonds, notes or scrip 
maturing and becoming payable during that year. 

Section 5. The indebtedness incurred under this act 
shall not be reckoned in determining the statutory limit 
of indebtedness of the town. 

Section 6. This act shall take effect upon its passage. 

Approved April 18, 1900. 



Chap.2U 



Phillipston 
Street llailway 
Company 
incorporated. 



May construct, 
etc., its railway 
In certain towns, 



Ax Act to incorporate the phillipston street railway 

COMPANY. 



Be it enacted^ etc., as follows: 

Section 1. C. Waldo Bates, D. Webster Baker, 
Walter White, James H. Hutchings, Charles E. Ingalls, 
Frank E. Johnson, Percival Blodgett, Thomas H. Good- 
speed and Wilson D. Smith, their associates and succes- 
sors, are hereby made a corporation under the name of the 
Phillipston Street Railway Company, with all the powers 
and privileges and subject to all the duties, lial)ilities and 
restrictions set forth in all general laws now or hereafter 
in force relating to street railway companies. 

Section 2. Said company may locate, construct, main- 
tain and operate its railway, with a single or double track, 
in such manner as may be convenient and necessary, in 



Acts, 1900. — Chap. 244. 175 

part upon jn-ivate land acciuiied by purchase or lease, and 
upon streets, highways or state roads in the towns of 
Athol, Phillipston and Templeton, subject to the approval 
and control of the selectmen of said towns, as provided 
by general laws, and subject also to the approval of the 
Massachusetts highway commission as to any part of said 
railway located upon a state highway. The location of i-ocation. 
said railwa}^ outside the public streets and highways shall 
not exceed tifty feet in width, with convenient turn-outs 
and switches. 

Section 3. Said company may maintain and operate Motive power, 
its railway by any motive power other than steam ; may ®"'" 
erect and maintain poles and wires on private lands pur- 
chased or leased for the purposes of said railw^ay, and, 
with the consent of the board of selectmen of the town 
concerned, may erect such poles and wires and make such 
excavations in the streets and highways as may be neces- 
sary to establish and maintain such motive power. It may 
acquire by purchase or lease all real estate and water 
power required for its power station, tracks, poles, wires, 
car houses and other purposes incident to the proper 
maintenance and operation of its railway. 

Section 4. The capital stock of said company shall c^P'tai stock. 
not exceed one hundred thousand dollars : provided, that Proviso. 
the company may increase its capital stock, subject to the 
provisions of the general laws relative thereto. 

Section 5. Said company in order to meet expenses May issue 
incurred under this act may issue bonds not exceeding the j^^o-'tsage bonds, 
amount of its capital stock, payable within periods not 
exceeding thirty years from the dates thereof, secured by 
mortgage of its franchises and property, subject to the 
general laws relative thereto ; and in any such mortgage 
the company may reserve to its directors the right to sell 
or otherwise in due course of business to dispose of prop- 
erty included therein Avhich may become unsuitable for 
use, provided an equivalent in value is substituted there- 
for. 

Section 6. Said company is hereby authorized to use May act as a 
its tracks for the transportation of passengers and their o? ra"x"haudi8e^ 
baggage, to be a common carrier of small parcels of mer- *^*'=- 
ehandise, and to carry mails upon and over any street or 
highway, or over any private land upon which it may be 
authorized to construct its tracks as aforesaid : provided. Proviso. 
that said company shall in the carrying of baggage and 



176 



Acts, 1900. — Chap. 245. 



Issue of stock 
or bonds to be 
approved by 
railroad com- 
miBsiODers. 



Portion of road 
to be in opera- 
tion within two 
years. 



parcels of merchandise be subject to such by-laws and 
regulations as may from time to time be made by said 
towns ; and shall also be subject to the provisions of 
chapter seventy-three of the Public Statutes and to all 
laws relating to common carriers. 

Section 7. No stock or bonds shall be issued under 
this act until the terms of such issue have been submitted 
to the board of railroad commissioners and approved by 
them under the general laws relative to the issue of stock 
and bonds by railroads and street railways. And if they 
approve such issue a certificate setting forth such approval 
shall be executed by said board and filed by said company 
in the office of the secretary of the Commonwealth. 

Section 8. The authority herein granted shall cease 
unless some portion of the proposed road has been built 
and put in operation within two years from the passage 
of this act. 

Section 9. This act shall take etiect upon its passage. 

Approved April 18^ 1900. 



ChapM5 



1898. 548, § 109, 
amended . 



Certain informa- 
tion may be 
given concern- 
ing candidates 
fur elective 
offices. 



An Act relative to nomination papers. 
Be it enacted, etc., as follows: 

Section 1. Section one hundred and nine of chapter 
five hundred and forty-eight of the acts of the year eight- 
een hundred and ninety-eight is hereby amended by 
adding at the end thereof the following paragraph : — If, 
under the provisions of this section, any delegate or set 
of delegates is described on a nomination paper as favor- 
able to, or pledged to support, any person for an otBce to 
be filled, such person may, within two week days of the 
announcement thereof, file with the secretary of the city 
or town committee a written request to have said state- 
ment stricken from the nomination paper, and the secre- 
tary shall do the same forthwith, and said nomination 
paper shall thereupon be void and of no effect, — so as to 
read as follows : — Section 109. The nomination paper 
for an elective office shall give the name of the candidate, 
the street and number, if any, of his residence, and may, 
in not more than eight words, state his occupation, the 
public offices he has held, or any other information 
whereby his identity may be established, and his qualifi- 
cations for the office to be filled, or his position on any 
public measure. 



Acts, 1900. — Chap. 240. 177 

The nomination paper of a candidate for a caucus office Candidates for 
or for a ward or town committee shall state the street and ^^^"'"^ °'^''*'*' 
number, if any, of his residence. 

There may he added to the name of a person proposed fonvimions 
as a delegate to a convention, a statement of not more 
than eight words that he is favorable to, or is pledged to 
support, or to oppose, any person for an office to be filled, 
or is favorable to, or opposed to, any public measure, or 
is uncommitted. 

If, under the provisions of this section, any delegate or Nomination 

, ,• 1 1 , ■ 1 Ml • /• paper to become 

set 01 delegates is described on a nomination paper as void under cer- 
favorable to, or pledged to support, any person for an tain conditions. 
office to be filled, such person may, within two week days 
of the announcement thereof, file with the secretary of the 
city or town committee a written request to have said 
statement stricken from the nomination paper, and the 
secretar}^ shall do the same forthwith, and said nomination 
paper shall thereupon be void and of no effect. 

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

Approved April 18, 1900. 

An Act to AT:TnoRizE cities to pension firemen. Chcip.2i4:G 

Be it enacted, etc., as follows : 

Section 1. Any city may, l)y vote of its city council fiue™may°be 
and under such restrictions and subject to such provisions pensioned, 
as may be prescrilied by such vote or by ordinance, pen- 
sion : — First, any member of the fire department of such 
city who has reached the age of sixty-five years and who 
has performed faithful service in that department for a 
period of not less than twenty years. Second, any mem- 
ber of the fire department who has performed faithful ser- 
vice in that department for a period of not less than twenty 
years : provided, that he is incapacitated for further useRil Proviso- 
service. 

Section 2. This act shall take effect in any city upon. Subject to 
and not before, its acceptance by a majority of the voters voters!'"'^^ ^ 
voting thereon at an annual or special city election. 

Section 3. Whenever a petition signed by not less to be submitted 
than two hundred registered voters of any city, requesting petition. 
that this act be submitted to the voters of such city at the 
next city election, is filed with the city clerk of the city 
not less than thirty days before the election is to be held, 
this act shall be submitted to the voters of the city, at the 
said election. Approved April 18, 1900. 



178 



Acts, 1900. — Chaps. 247, 248. 



ChCtV'^4:7 -^^ ^^'^ '^^ CEDE TO THE UNITED STATES GOVERNMENT JURISDIC- 
TION OVER A TRACT OF LAND NEAR THE ENTRANCE TO THE NAVY 
YARD IN THE CITY OF BOSTON. 



Jurisdiction 
over certain 
land in Boston 
ceded to the 
United States. 



Be it enacted, etc., as folloios: 

Section 1. Jurisdiction is hereby granted and ceded 
to the United States over that tract of land situated in 
the city of Boston, Charlestown district, described and 
bounded as follows, to wit: — Commencing at the south- 
westerly corner of storehouse number four in the United 
States navy yard, and running thence in a northerly direc- 
tion by an irregular curved line shown on a plan of the 
premises ceded by an act of the general court approved 
on the twenty-fifth day of May in the year eighteen hun- 
dred and sixty-eight, to its northern extremity ; thence in 
a southerly direction by a straight line joining the ex- 
tremities of the before mentioned irregular curved line, 
to the place of beginning ; all as shown on a plan of the 
premises hereby ceded, filed in the ofiice of the secretary 
of the Commonwealth, and dated February 3, 1900: pro- 
vided, always, that this Commonwealth shall and does re- 
tain concurrent jurisdiction with the United States in and 
over the tract of land aforesaid, so far as that all civil and 
criminal processes issuing under the authority of this 
Commonwealth may l)e executed on said land and in any 
buildings thereon, or to be erected thereon, in the same 
manner as if jurisdiction had not been granted as afore- 
said ; and provided, also, that the exclusive jurisdiction 
shall revert to and revest in the Commonwealth of Massa- 
chusetts whenever the said land shall cease to be used for 
a navy yard. 

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

Approved Ajjvil 18, 1900. 



Chap.248 



An Act relative to the employment of superintendents of 

SCHOOLS BY cities AND TOWNS. 



Be it enacted, etc., as follows: 
Section 1. 



cities and towns. 



Employment of Section 1. Thc school committec of each towu or clty 
of schools by in the Commonwealth may, and after July first in the 
year nineteen hundred and two shall, emploj" at the ex- 
pense of the town or city a superintendent of schools, 
who under the direction and control of the committee 
shall have the care and supervision of the public schools : 



Acts, 1000. — Chaps. 249, 250. 179 

provided, that nothiiiii; herein contained shall be con- Proviso. 
strucd to dissolve existing unions for the employment of 
a superintendent, or to prevent towns from uniting for 
such em))loyment under the provisions of sections forty- 
four and forty-iive of chapter forty-four of the Pul)lic 
Statutes, or of sections six and seven of chapter four hun- 
dred and sixty-six of the acts of the year eighteen hundred 
and ninetj^-eight. 

Sectiox 2. The school committees of towns the vaiu- certain towns 
ation of which is less than two million tive hundred thou- 
sand dollars may, and after July first in the year nineteen 
hundred and two shall, form unions under the provisions 
of chapter four hundred and sixty-six of the acts of the 
year eighteen hundred and ninety-eight. 

Section 3. All acts and parts of acts inconsistent Repeal. 
with the provisions of this act are hereby repealed. 

Approved April IS, 1900. 

An Act relative to the places in which the business of co- H'Uf^ry. '^49 

OPERATIVE BANKS SHALL BE CONDUCTED. 

Be it enacted, etc., as folloios : 

Section 1. Every co-operative bank shall carry on its Places in which 
usual business at its office only, which shall be within the co-operative 
city or town named in its charter, and shall not maintain conduc^ted!"^'' 
a sign or advertise to transact business in any other place : 
provided, hoivever, that the secretary or other person duly Proviso. 
authorized to receive moneys may receive dues, interest, 
premiums and fines upon such days and in such other 
places as its board of directors may authorize, subject 
however to the consent of the board of commissioners of 
savings banks. Nothing herein contained shall be so con- 
strued as to prevent any co-operative bank from holding 
its stated monthly meeting at any other place than its 
office, provided such place l)e within the city or town 
where the bank is located. 

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

Approved April 20, 1900. 

An Act relative to the construction of sewers and drains (JJiar).250 

IN THE town of REVERE. 

Be it enacted, etc. , as follows : 

Section 1, The board of sewer commissioners of the May construct, 
town of Revere, actius: in behalf of the town, shall have ^ew'Jrage?!^." 



180 



Acts, 1900. — Chap. 250. 



May take lands, 
water rights, 
etc. 



Proceedings 
when lands, 
etc., are talien. 



Damages . 



power to construct, maintain and operate any system of 
sewerage or sewage disposal, or any extension of or ad- 
dition to any system heretofore or hereafter adopted by 
the town, and said board may also construct, maintain 
and operate such works as it may deem necessary in con- 
nection with any such system. Said board, for the pur- 
pose of providing surface or other drainage for any part 
of said town, guarding against the pollution of waters, 
and otherwise protecting the public health, may lay, make 
and maintain such main drains or systems of drains as it 
shall deem best, may deepen, widen and clear of obstruc- 
tions any brook, stream or water course, may divert the 
same, and may straighten or alter the channels thereof, 
and for any of the foregoing purposes shall have full 
power to take by purchase or otherwise any lands, flats, 
water rights and rights of way, in fee, or easements in the 
same in the said town, and may construct such sewers and 
drains under or over any water course, bridge, railroad, 
highway or other way, and may enter upon and dig up 
any land, street or way, public or private, for the pur- 
pose of laying such sewers, main drains or systems of 
drains beneath the surface thereof and of maintaining and 
repairing the same, and may do any and all things neces- 
sary or proper for the purposes of this act. 

Section 2. When lands, flats, water rights, rights of 
way or easements are taken by virtue of the preceding 
section the proceedings shall be the same as are provided 
by law for the laying out of town ways ; and said board 
of sewer commissioners, acting on behalf of the town, 
shall make a declaration of taking, together wn'th plans of 
the same, comprising a description thereof, as certain as 
is required in a conveyance of land, and specifying that 
the same are taken by authority of this act, and shall 
cause said declaration and plans to be recorded in the 
registry of deeds for the county of Suffolk ; and upon 
such recording the fee in the lands, or if any easement or 
other estate less than the fee therein l)e specified and 
described in the deed of purchase or in the description 
and statement of taking to be recorded as aforesaid, then 
such easement or estate shall vest in the town of Kevere, 
which shall pay all damages therefor. Said board at the 
time of such taking shall notify the owners in writing, 
and may agree with any person or corporation injured, 
upon the damages sustained by such person or corporation 
for any taking of property or rights for the purposes 



Acts, 1900. — Chap. 250. 181 

aforesaid, aiul it the clunuigcs are not agreed u[)oli a jury 
in the superior court for said county may be had, upon 
petition of the aggrieved party, to determine the same, in 
the manner provided by law for determining the damages 
to be i)aid for land taken for town ways ; but no suit or 
petition shall be brought after the expiration of two years 
from the date of the recording as herein provided. 

Sectiox 3. In every case for the assessment of dam- a specified sum 
ages by a jury said board may at an}' time tile in the office as' damages, etc 
of the clerk of said court an offer in writing to pay the 
petitioner a specified sum as damages, a copy of which 
shall be served upon said petitioner ; and if said petitioner 
does not accept the same within ten days after notice of 
such offer, and does not tinally recover a sum greater than 
that offered, not including interest from the date of offer 
on the sum so recovered, the town shall recover costs from 
the date of said notice and have execution therefor, and 
the petitioner if he recovers damages shall recover costs 
only to said date. 

Section 4. The owners of estates benefited and abut- AssesHmentof 

. . 1 • 1 betterments, 

tmg on streets or ways, public or private, in which sewers etc. 
have been laid, or shall hereafter be laid under the pro- 
visions of this act, shall pay to the town of Revere 
toward defraying the cost of such sewers, systems of 
sewerage and sewage disposal, an assessment or charge as 
follows : — Sixty-three one hundredths of a cent per 
square foot of area to a depth of one hundred feet from 
any street or way in which a sewer is constructed and in 
operation : jDvovided, that no estate which has already paid P'""^'«°- 
a sewer assessment shall be re-assessed, and that no estate 
abutting on any street or way in which a sewer has al- 
ready been built with the written consent of the sewer 
commissioners, and the abutting owners have paid the full 
cost of the same, shall be assessed. The remainder of the 
cost of said system or systems shall be borne by the town. 
Xo particular or other sewer from any estate or part of an 
estate not already assessed or not liable to assessment or 
charge as provided above shall be entered into a common 
sewer, except upon the payment of such an assessment 
and charge, and upon such other terms and conditions, as 
the l)oard of sewer commissioners may determine. Said 
board of sewer commissioners in laying out and construct- 
ing main drains or systems of drains as provided for in 
this act may assess upon the estates benefited a propor- 
tionate part of the cost thereof, not exceeding one half 



182 



Acts, 1900. — Chap. 250. 



Payment of 

asseesmentR, 

etc. 



the benefit accruing to such estates. The provisions of 
law allowing assessment of betterments in the case of 
town ways shall apply to the laying out and construction 
of drains under this act. 

Section 5. When a sewer or drain in a street, way 
or district, or part of a street, way or district, public or 
private, included within any of said systems, is completed 
and ready for use, the board of sewer commissioners shall 
file a certificate and plan in the office of the collector of 
taxes, designating the street, way or district, or part of a 
street, way or district in which the sewer or drain has 
been completed, and setting forth the names of the sup- 
posed owners of the estates abutting and benefited, the 
area assessed, and the amount of assessment or charge to 
be paid by each owner ; and the said collector shall forth- 
Avith make a demand in writing for the payment of such 
assessments or charges, and every such owner shall within 
three months after such demand is served on him or on 
the occupant of his estate, or sent by mail to the last ad- 
dress of such owner known to the board, pay to said col- 
lector the sum so assessed or charged, with interest at the 
rate of six per cent per annum, after thirty days from the 
date of said notice : provided, that said board shall on 
written request of any such owner, made within the said 
three months, apportion such assessment or charge into 
such number of equal parts, not exceeding ten, as such 
owner shall designate in his request ; and they shall cer- 
tify such apportionment to the assessors and collector. 
Interest from the date of said apportionment at the rate 
of six per cent per annum shall be added to each of said 
assessments or charges until they are paid, and one of said 
parts shall thereafter be added by the assessors to the 
annual tax on such estates for each year next ensuing, 
until all of said parts have been so added, unless sooner 
paid, as hereinafter provided; and provided, fnrfhei', that 
nothing herein contained shall be construed to prevent 
the payment at any time of two or more parts in one pay- 
ment, notwithstanding its prior apportionment, of any 
balance of any assessment or charges then remaining un- 
paid ; but interest on such balance at the rate of six per 
cent per annum shall be paid to the date of such payment ; 
and thereupon said tax collector shall receive the same 
and shall certify such payment or payments to the assess- 
ors, who shall preserve a record thereof. 



Acts, 1900. — Chap. 250. 183 



Section 6. The assessment or char<;e under section ARsessmentto 
four shall constitute a lien upon the estate, which shall upou estate, e't". 
continue for three years after said certificate is tiled and 
demand is served as above provided, or, in case of appor- 
tionment, until the expiration of two years from the date 
when the last instalment is committed to the collector of 
taxes ; and said assessment, together with interest at the 
rate of six 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 interest and intervening charges. If the assessment 
is not paid within three months after service of said notice, 
or, if apportioned, within three months after any part has 
become due, such sale and proceedings connected there- 
with shall be conducted in the same manner in which sales 
for the non-payment of taxes are conducted ; and real 
estate so sold may be redeemed in the same manner as if 
it had been sold for the non-payment of taxes. Such May be collected 
assessments or parts thereof may also be collected by an contract. '°°'' 
action of contract, in the name of the town of Revere, 
against the owner of said estate brought at any time 
within three j^ears after the same has become due. 

Section 7. Any person aggrieved by such an assess- Persons 
ment may at any time within three months after service apply lor a"''^ 
of the demand mentioned in section five of this act apply J"'^y> «''<=• 
to the superior court of said county for a jury to revise 
the same ; but before making such application he shall 
give to the said board of sewer commissioners fourteen 
days notice in writing of his intention so to do, and shall 
therein particularly specify his objections to the assess- 
ment, to which specification he shall be confined before 
the jury. 

Section 8. Said board of sewer commissioners may, Sewersmaybe 
with the written consent and under the supervision of the etc^ in certain 
metropolitan park commission, construct, maintain and |,°lntedby the 
operate sewers and drains in any location granted therefor pa^rkTommi". 
by the said commission, in any park, parkwa}^ road or sion. 
reservation controlled by said metropolitan park commis- 
sion in the town of Revere, and may levy and collect 
assessments for the same on abutting estates, in the man- 
ner provided in previous sections of this act. 

Section 9. Said board may prescribe rules and regula- Rules and regu. 
tions for the connecting of estates and buildings with said p^'rescribed^tl 
sewers and drains, and for the inspection of the materials, 



184 



Acts, 1900. — Chap. 251. 



Particular 
8ewer8, etc., 
may be raain- 
tained, etc. 



Certaiu provi- 
sions of law to 
apply. 



the construction, alteration and use of all connections and 
drains entering into such sewers or drains, and may im- 
pose penalties not exceeding twenty dollars for every 
violation of any such rule or regulation. Such rules or 
regulations shall be published not less than once a week 
for three successive weeks in one or more newspapers 
published in the town of Revere, and shall not take etfect 
until such publication has been made. The said board 
may lay, make and maintain particular sewers or drains 
from common sewers or main drains to the street line, 
and particular drains or sewers so laid shall be the prop- 
erty of the town. The owner of any estate benefited by 
such particular sewer or drain shall pay to the town 
toward the cost thereof, and for the permanent privilege 
of using the same, such reasonable sum as said board shall 
determine ; and said sum may be fixed at the estimated 
average cost of all such particular sewers or drains within 
the territory for which a system of sewers and drains has 
been built and adopted. 

Section 10. All the provisions of chapter fifty of the 
Public Statutes and of acts in amendment thereof pertain- 
ing to sewers and drains, and of chapter two hundred and 
forty-five of the acts of the year eighteen hundred and 
ninety-two, so far as the same are not inconsistent with 
this act, shall apply to the town of Revere in carrying 
out the provisions of this act. 

Section 1 1 . This act shall take effect upon its passage. 

Ai:>proved April 20, 1900. 



Chap 



.251 -^ ■^^'^ MAKING APPROPRIATIONS FOK THE COMPENSATION AND 
EXPENSES OF THE COMMISSIONERS ON INLAND FISHERIES AND 
GAME. 

Be it enacted, etc., asfolloivs: 
Appropriatious. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December in the year nineteen hundred, to wit : — 

For the compensation and expenses of the commis- 
sioners on inland fisheries and game, a sum not exceeding 
four thousand dollars. 

For the enforcement of laws, propagation, protection 
and distribution of fi.sh, birds and other animals, rent and 



Commissionere 
on inland fish- 
eries and game. 



Propagation and 
distribution of 
tish, birds, etc. 



Acts, 1900. — Chaps. 252, 253. 185 

maintenance of hatcheries, printing and incidental ex- 
penses, a sum not exceeding fifteen thousand dolhirs. 

For expenses of stocking great ponds with food tisli, a stocking great 
sum not exceeding Hve hundred dollars. poiuh. 

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

Ap2)roved April 20, 1900. 

An Act to authokize the town of ipswich to compensate (JJiajj 9^)9 

GEOKGE P. SMITH FOR INJURIES RECEIVED WHILE ASSISTING A 
POLICE OFFICER IX MAKING AN ARREST. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Ipswich is hereby authorized ?'°^°yh^„a 
to compensate George P. Smith for injuries received by oorupensate 
him at Ipswich on the eighteenth day of April in the year Smith for'in- 
eighteen hundred and ninety-five while assisting a police ^""^^ received. 
officer of the town in making an arrest. 

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

Approved April 23, 1900. 



Chap.253 



An Act relative to injuries received on state highways. 
Be it enacted, etc., as follows: 

Section 1. The Commonwealth shall be liable for The common- 
injuries to persons travelling upon state highways, in the liable for 
same manner and subject to the same limitations, condi- LonTttaveiiing 
tions and restrictions as are provided by sections eighteen, way",*etc! '''^^" 
nineteen, twenty-one and twenty-two of chapter fifty-two 
of the Public Statutes and acts in amendment thereof or 
in addition thereto, except that the notice of injury shall 
be given to the secretary of the Massachusetts highway 
commission or to any member thereof. The amount re- 
covered for such injuries shall not exceed one fifth of one 
per cent of the state valuation last preceding the com- 
mencement of the action, of the town or city in which 
such injury is received, nor shall it exceed four thousand 
dollars. 

Section 2. Nothing herein contained shall render the Nottobeiiabie 
Commonwealth liable for any injury or damage caused 
while a state road is being constructed, nor shall the 
Commonwealth be liable for any injuries except those 
received upon that part of the way lying between the 
inside lines of sidewalks, as defined in chapter three hun- 
dred and forty-five of the acts of the year eighteen hun- 



186 Acts, 1900. — Chap. 254. 

Temporary (j^,g^| j^jj^j nioetv-six. A oitv 01" towii may make temporary 

repairs oi state »' -^ . . -i i i 

highways. uecGssary repairs of a state highway without the approval 

of said commission. 
^^P®'*'- Section 3. Section six of chapter four hundred and 

ninety-seven of the acts of the year eighteen hundred and 

ninety-four is hereby repealed. 

Approved April 25, 1900. 

ChdV.^^^ An Act for the better protection of children. 

Be it enacted., etc., asfoUoivs: 

Agent of state SECTION 1. The statc board of charity by a specially 
to°inve'stigate' ^ authorizcd agent may enter without actual force any build- 
coTdition^oT'^ iiig or room In which the agent has reason to believe that 
etc!^^"''^"'^'^^"' a- child under the age of seven years is sheltered or main- 
tained apart from his parents and is not receiving proper 
care. The agent shall investigate the case and make 
report to the superintendent of state minor w^ards or other 
designated officer of the board, and such officer may cause 
such child, if he is not under the personal care of a parent 
or guardian, to be removed to the custody of the board if 
he deems such removal necessary for the protection of the 
child from neglect or abuse. An agent who is refused 
such entry or is hindered in the removal of such child may 
make complaint on oath to a justice of a court of record, 
who may thereupon issue a warrant authorizing him to 
obtain sufficient aid and at any reasonable time to enter 
the building designated, and every part thereof, fen* the 
purpose of investigating the treatment and condition of 
the child or children who may be found there, and to re- 
move all or any of such children as herein provided. 
Powers and Section 2. Upou such rcuioval the officer shall forth- 

duties of state i .,,.,, 

board of charity with uotify the statc boai'd of charity ot his doings, and 
movai of child, the boai'd sliall thereupon decide whether to retain such 
child in its custody or to restore him to his parent or 
guardian, or to the place from which he was removed. 
The board shall have the same powers and duties as to a 
child so retained which it has as to neglected children 
committed to its custody l)y the courts. But the l)oard 
shall upon request discharge such child to his legal guar- 
dian, and if he has no guardian then to his father, and 
if he has no father then to his mother, unless within a 
reasonable time it secures the commitment of such child, 
under the provisions of chapter one hundred and eighty- 
one of the acts of the year eighteen hundred and eighty- 
two and of acts in amendment thereof. 



Acts, 1900. — Chaps. 255, 256. 187 

Section 3. The state hoard of charity may in its (lis- certain persons, 

. .. , 4- 'i' ' I etc., nol to re- 

cretion notity tlio person or O()ri)oration irom whoso care cehe, etc.. 
or custody a child has hccn taken under this act that no out permit! 
other child shall be received or maintained by such person 
or corporation, not being the legal guardian of such child, 
without a permit from the board. 

Section 4. When it appears to the state board of i^f™?>'^l°* 
charity that the guardian of any child under the age of 
seven years is unsuitable for his trust the board shall 
apply to the proper court for his removal. 

Section 5. Whoever obstructs or hinders the state Tenuities. 
board of charity or any of its officers or agents in the ex- 
ecution of the duties and powers herein imposed or con- 
ferred, or, after notification as aforesaid, receives a child 
without having a permit therefor as herein provided, shall 
be punished by a fine not exceeding one hundred dollars, 
and upon a second conviction under this act shall be pun- 
ished by a fine not exceeding one hundred dollars or l)y 
imprisonment in the jail or house of correction for a term 
not exceeding six months. Approved April 25, 1900. 

An Act to provide that women may serve as overseers of (JJinj) 255 

THE poor in the CITY OF LOAVELL. 

Be it enacted, etc., as foUoivs : 

Section 1. No person shall be disqualified by reason Not disqualified 
of sex from election to or from holding the ofiice of over- sex. 
seer of the poor of the city of Lowell. 

Section 2. So much of any act as is inconsistent here- Repeal. 
with is hereby repealed. 

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

Approved April 25, 1900. 

An Act relative to mechanics' liens for the removal of CjJiQyj 256 

BUILDINGS OR OTHER STRUCTURES. 

Be it enacted, etc., as folloios: 

Section 1. Section one of chapter one hundred and ps.iqi, §i, 

. ^ amended. 

ninety-one of the Public Statutes is hereby amended by 
inserting after the word " alteration", in the third line, 
the word : — removal, — so as to read as follows : — Sec- certain per- 
tion 1. Any person to w^hom a debt is due for labor per- Heu\ipou'bu in- 
formed or furnished or for materials furnished and actually 
used in the erection, alteration, removal, or repair of a 
building or structure upon real estate, by virtue of an 
agreement with or by consent of the owner of such build- 



ings, etc. 



188 Acts, 1900. — Chaps. 257, 258. 

ing or structure or of any person having authority from or 
rightfully acting for such owner in procuring or furnish- 
ing such labor or materials, shall have a lien upon such 
building or structure and upon the interest of the owner 
thereof in the lot of land upon which the same is situated, 
to secure the payment of the debt so due to him and of 
the costs which may arise in enforcing such lieu, except 
as is hereinafter provided, 

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

Approved April 25, 1900. 

Q/l(lJ).2i57 ^^ ^^'^ RELATIVE TO THE RESERVE OE TRUST COMPANIES. 

Be it enacted, etc., as folloivs : 

^clrtainTru^t SeCTION 1. Any trUSt company subject to the pro- 

companies may visions of section thirteen of chapter four hundred and 
eposi e . j;ijjj.^g(,Q Q^- ^]jQ ^(.^g Qf ^\^Q year eighteen hundred and 

eighty-eight may deposit a part of its reserve in any trust 
company incorporated under the laws of this Common- 
wealth and doing business therein, which may be approved 
for the purpose by the board of commissioners of savings 
Provisos. banks : provided, hoicever, that any company so approved 

shall at all times have on hand as a reserve, in lawful 
money of the United States, an amount equal to at least 
fifteen per cent of the aggregate amount of all its deposits 
which are subject to withdrawal upon demand, or within 
ten days, anything in its charter or by-laws to the con- 
trary notwithstanding; and provided, farther, that one 
third of said fifteen per cent may in lieu of lawful money 
consist of balances payable on demand, due from any 
national bank doing business in this Commonwealth or in 
the city of New York. 

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

Ap>proved April 25, 1900. 

Cha7).25S -^^ ^^'^ RELATIVE TO THE TAKING OF LAND OR OTHER PRIVATE 
PROPERTY BY THE BOSTON ELEVATED RAILWAY COMPANY, AND 
TO CONFIRM THE LOCATIONS OF SAID COMPANY IN THE COUNTY 
OF SUFFOLK. 

Be it enacted, etc., as folloivs : 
Taking of land, Section 1. In all cascs wherein the Boston Elevated 

etc., uv the Bos- -r,., ^-^ ,, .. , ini /• 

ton Elevated Kailway Compauy has heretofore taken or shall herearter 
pan^"^^ °™ take land or private property in accordance with the pro- 
visions of section eleven of chapter five hundred and 
forty-eight of the acts of the year eighteen hundred and 



Acts, 1900. — Chap. 250. 189 

ninety-four, cither party, if dissatisfied with the estimate 
of the county commissioners, or of the aldermen of the 
city of Boston having like powers and performing like 
duties within said city as are exercised and performed by 
the county commissioners of counties, may at any time 
within one year after the estimate is made apply for a 
jury in the superior court for the county in which such 
land or private property is situated, to assess the damages 
occasioned by such taking, and upon such application the 
proceedings shall be the same as are provided for the 
recovery of damaoes in the laying out of highways. 

Sectiox 2. The locations of the Boston Elevated ^onfconrmed, 
Railwa}' Company in the county of Suffolk, filed by said etc 
company with the aldermen of the city of Boston, are 
hereby ratified and confirmed as valid locations and tak- 
ings to all intents and purposes of the lands described in 
said locations and in the plans accompanying the same : 
2J7'oi'id€d, however, that claims for damages by reason of Proviso, 
said locations and takings, or any of them, not heretofore 
legally satisfied, may be made and enforced in the same 
manner and with the same effect as if the filing of each 
and all of said locations and takings was first made at the 
time of the passage of this act. 

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

Ajjproved April 25, 1900. 

Ax Act to authorize the town of needham to kefund a por- (J/iav.2i5Q 

TION of its debt. 

Be it enacted, etc., as follows : 

Section 1. The town of Needham is hereby authorized ^o„^dl!n"oto9 
to issue from time to time bonds, notes or scrip to an or scrip, etc. 
amount not exceeding one hundred thirty-two thousand 
five hundred dollars, for the purpose of refunding a por- 
tion of its existing indebtedness. The bonds, notes or 
scrip issued under the provisions of this act shall be pay- 
able not more than thirty years from the date of issue, 
and shall bear interest payable semi-annually at a rate not 
exceeding four per cent per annum. They shall be signed 
by the treasurer and countersigned by the selectmen of 
the town and may be sold or negotiated at public or pri- 
vate sale, and the proceeds shall be used to discharge an 
equal amount of the existing debt of said town. 

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

Approved April 25, 1900. 



190 



Acts, 1900. — Chaps. 260, 261, 262. 



Identification 
of female 
criminals. 



(JJiar>J2iQ0 ^ ^'^'^ '^^ PROVIDE FOR THE IDENTIFICATION OF FEMALE CRUHNALS. 

Be it enacted, etc., as folloivs: 

Section 1. The provisions of chapter three hundred 
and sixteen of the acts of the year eighteen hundred and 
ninety, being "An Act to provide for the registration and 
identification of criminals", shall apply to every convict 
who is hereafter sentenced to the reformatory prison for 
women for a crime which if committed by a man would 
be a felony. 

Section 2. The superintendent of the reformatory 
prison for women shall keep the record of measurements 
and descriptions, and perform such other duties in respect 
to the identification of criminals in that prison as are pre- 
scribed in said chapter and in the amendments thereto in 
respect to convicts in other prisons. 

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

Ap2)roved April 25, 1900. 



Record of 
measurements, 
etc., to be kept 



ChctV 261 -^^ ^"^"^ RELATIVE TO THE SERVICE OF PROCESS UPOX THE COMMIS- 
SIONER OF CORPORATIONS. 



First clerk to 
perform duties 
iu case of the 
absence, etc., 
of the commis- 
sioner of corpo- 
rations. 



Be it enacted, etc., as follows : 

Section 1. When there is a vacancy in the position 
of commissioner of corporations, or when that officer is 
absent from his office, the first clerk in the office of the 
said commissioner shall perform the duties of said officer, 
and any legal process served on said clerk shall have the 
same force and eft'ect as if served upon the commissioner. 

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

Apx)roved April 25, 1900. 



Chap.^&2i -^^ -'^CT TO CHANGE AND ESTABLISH THE BOUNDARY LINE BETWEEN 
THE CITY OF NORTH ADAMS AND THE TOWN OF WILLIAMSTOWN. 



Boundary line 
between North 
Adams and 
Williamstown 
changed, etc. 



Be it enacted, etc., as folloivs : 

Section 1. The boundary line between the city of 
North Adams and the town of Williamstown is hereby 
changed and established as follows : — Beiiinning at a stone 
monument standing at the northwest corner of the city 
of North Adams, said monument l)eing marked "A" on 
its southerly face, and " C L" on its northerly face, bear- 
ing the dates "1842" and "1895"; thence running 
westerly in a line forming a right angle with the present 
boundary line between the city of North Adams and the 



Acts, 1900. — Chap. 262. 191 

town of Williamstown, two thousand five hundred and i^°t'^"jJ^,''Vo'rth 
fifty feet: thence southerly in a line parallel with the ^^I'V'""""' 
present boundary hue between said city and town to the changed, etc. 
southerly line of the Notch road, so-called ; thence easterly 
along the southerly line of the Notch road to the present 
boundary line between the said city and town. AH that 
l)art of the town of Williamstown between the lines above 
described and the present boundary line between said city 
and town, with all the inhabitants and estates therein, is 
hereby set oti' from the town of Williamstown and annexed 
to and made a part of the city of North Adams, and, until 
a new division of wards in said city is made, shall consti- 
tute a part of the first ward in said city. Said inhabi- 
tants shall hereafter be inhabitants of the city of North 
Adams and shall enjoy all the rights and privileges and 
be subject to all the duties and liabilities of the inhabi- 
tants of said city. 

Section 2. The expenses incurred in the establish- Payment of ex- 
ment of the lines hereby defined, and the erection of ^'"' 
suitable monuments at the angles thereof, shall be paid 
equally by the tow^n of Williamstown and by the city of 
North Adams. 

Section 3. The inhabitants and estates within the Payment of 
territory above described, and the owners of such estates, 
shall be holden to pay all taxes which have been hereto- 
fore legally assessed upon them by the town of Williams- 
town ; and all taxes heretofore assessed and not collected 
shall be collected and paid to the treasurer of the town of 
Williamstown, in the same manner as if this act had not 
been passed. Until the next state valuation the city of 
North Adams shall annuall}^ on or before the thirty-first 
day of October pay to the town of Williamstown the pro- 
portion of any state or county tax which the town of Wil- 
liamstown may be required to pay upon the inhabitants 
or estates hereby set oft', said proportion to be ascertained 
and determined by the last valuation next preceding the 
passage of this act ; and the assessors of the town of 
Williamstown shall make returns of said valuation and the 
proportion thereof in the town of Williamstown and the 
city of North Adams, respectively, to the secretary of 
the Commonwealth and to the county commissioners of 
the county of Berkshire. 

vSection 4. The city of North Adams shall be liable Relief and sup- 
for the relief and support of all persons now or hereafter ''°'^' ^ p-'upers. 
in need of relief as paupers, whose settlements were 



192 



Acts, 1900. — Chap. 263. 



City of North 
Adams to pay a 
certain sum to 
tlie town of 
Williamstown. 
Proviso. 



Election of 
state and 
county officers, 
etc. 



List of voters 
to be made and 
posted, etc. 



gained, whether by original acquisition or derivation, by 
reason of a residence in the territory hereby annexed to 
said city. 

Section 5. Within one year from the passage of this 
act the city of North Adams shall pay to the town of 
Williamstown the sum of three thousand dollars : pro- 
vided, however, that the inhabitants of Williamstown shall, 
prior to said payment, duly execute and deliver to the city 
of North Adams a good and sufficient deed, conveying to 
said city all the right, title and interest now owned by 
said Williamstown in and to the Blackinton Union School 
Property, so-called, situated in North Adams in the village 
of Blackinton. 

Section 6. Until a new apportionment of representa- 
tives shall be made the inhabitants of the territory de- 
scribed in section one of this act shall, for the purpose of 
electing state and county officers, members of the execu- 
tive council, senators and representatives to the general 
court, electors of president and vice president of the 
United States, and representatives to congress, continue 
to be a part of the town of Williamstown ; and the in- 
habitants resident therein qualified to vote shall be entitled 
to vote for said officers and shall be eligible to the office 
of representative in the town of Williamstown, and shall 
vote at the place or places at which the inhabitants of 
the town of Williamstown vote. The registrars of voters 
of the city of North Adams shall annually make a true 
list of all persons resident in said territory qualified to 
vote at every such election, and post the same in said 
territory according to law. Thej'^ shall also deliver one 
such list corrected as required by law to the selectmen 
of the town of Williamstown, at least seven days before 
any such election ; and the same shall be taken and used 
for such election by the selectmen of said town, in the 
same manner as if it had been prepared l)y themselves. 

Section 7. This act shall take effect upon its passage. 

ApiJroved Ajml 25, 1900. 



Ch(ip.^()3 ^N Act to provide for the transfer of the karris collec- 
tion FROM THE CHARLESTOWN BRANCH LIBRARY TO THE CENTRAL 
LIBRARY IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 
Certain books, xhc trustccs of the Bostou pubHc library are hereby 

papers, etc., c i r^t i i i '/• 

may be re- empowered to remove ii'om the Charlestown branch ot 



Acts, 1 900. — Chaps. 264, 265. 193 

the Boston public library to the central library the books, moved from the 

papers, pamplilets and other matter known as the " Harris biai.ch touie 

Collection." Said trustees may also spend the interest iuBostou.™'^^ 

ot" the Harris fund, under the conditions of the be(iuest, 

for books for this collection after its removal to the central 

library : provided, that said trustees shall spend in live Provisos. 

yearly instalments a sum equal to the present accumulated 

interest of the Harris I'und, for new books to replace 

those of the Harris collection removed in accordance with 

this act ; and provided, also, that a sum equal to the yearly 

interest of the Harris bequest shall be spent each year 

by said trustees for new books for the Charlestown branch. 

Should said trustees fail to comply with these conditions 

the Harris collection shall be returned to the Charlestown 

branch. Any agreement to the contrary of the foregoing 

appearing in the articles of annexation of the city of 

Charlestown to the city of Boston is hereby annulled. 

This act shall in no way affect the will of the late Charlotte 

Harris of Charlestown. Approved April 25, 1900. 

Ax Act to authorize the boston baptist social union to hold (7/ia;:>.264 

ADDITIONAL KEAL AND PERSONAL ESTATE. 

Be it enacted, etc., as foHoivs : 

Section 1. The Boston Baptist Social Union, a cor- May hoi.i addi- 
poration located in the city of Boston, may hold real and personal' estate. 
personal estate to an amount not exceeding fifteen hun- 
dred thousand dollars, for the purposes for which it was 
incorporated. 

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

Approved April 25, 1900. 

An Act to ESTAiiLisii the salary of the justice of the i'olice (JJiajj^2i]5 

COURT OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. The salary of the justice of the police court justice of poiic 
of Lynn shall be twenty-five hundred dollars a year, to be '^°"' " ^""" 
so allowed from the first day of January in the year nine- 
teen hundred. 

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

Approved April 25, 1900. 



ice 



194 Acts, 1900. — Chaps. 266, 267. 



ChcW.2()() -^^ ■^^'^ ^*-* AUTHORIZE THE TREASURER OF THE COMMONWEALTH 
TO MAKE ADVANCES OF MONEY TO BONDED PAl'MASTERS OF THE 
MILITIA. 

Be it enacted, etc., as folloios: 

Advaucesof Section 1. The treasurer and receiver general of the 

made^to bonded Common Wealth may advance to bonded paymasters of the 
the miiuia! ° militia a sum of money not exceeding eighty per cent of 
the pay and mileage due or to become due to the oiEcers 
and men of the militia for duty performed at camp or an- 
nual drill, under such rules and regulations as he may 
prescribe. 

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

Apjrroved xipril 26, 1900. 

Ch(l7J.2(yi -^^ ■^'^'^ RELATIVE TO THE ATTENDANCE OF "WITNESSES BEFORE 

BOARDS OF REGISTRARS OF VOTERS. 

Be it enacted, etc., as folloivs : 
p. 8.169, §7, Section 1. Section seven of chapter one hundred and 

etc., amended. . . .it~>ii-o 

sixty-nnie ot the Jrublic Statutes, as amended by section 
one of chapter two hundred and sixty-seven of the acts 
of the year eighteen hundred and eighty-two, is hereby 
further amended by striking out the whole of said section 
Attendance of and inserting in place thereof the following : — Section 7. 

witnesses before TTr-. i i j. j.^ i *! j. j.t j j. 

city and town >> ituesscs may be summoned to attend and testiiy, and to 
officers, etc. produce books and papers, at any hearing before a city 
council or either branch thereof, or before a joint or spe- 
cial committee of the same or of either branch thereof, or a 
board of selectmen, or a board of police commissioners, or 
a board of registrars of voters, or in Boston the board of 
election commissioners, as to matters within their respec- 
tive jurisdictions ; and such witnesses shall be summoned 
in the same manner, be paid the same fees, and be subject 
to the same penalties for default, as witnesses before police 
courts. The presiding officer of such council or of either 
branch thereof, and any member of any such committee 
or board of selectmen, or l)oard of police commissioners, 
or board of registrars of voters, or in Boston the board 
of election commissioners, may administer oaths to wit- 
nesses appearing before such council or either branch 
thereof, or before any such committee or board respec- 
tively. 



Acts, 1900. — Chaps. 2(58, 2G9. 195 

Section 2. Section eight of said chapter one hundred ele^amended. 
and 8ixty-ninc, as amended l)y section two of chapter two 
hundred and sixty-seven of the acts of the year eighteen 
hundred and eighty-two, is hereby further amended by 
striking out the whole of said section and inserting in 
place thereof the followini;: — Section 8. If a witness in case of faii- 

^ ./.,,. ,. ure of witncfs 

SO summoned and paid tails to attend m pursuance ot to attend wai- 
such summons, the presiding officer of such city council ue'ued.''^ 
or of either ))ranch thereof, or the chairman of the board 
of selectmen, or chairman of the board of police com- 
missioners, or the chairman of a board of registrars of 
voters, or in Boston the chairman of the board of election 
commissioners, respectively, may issue a warrant to l)ring 
such witness before them to testify in the cause in which 
he was summoned. 

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

Approved April 26, 1900. 

Ax Act to establish the salary of the justice of the police (JJiav.2i^S 

COUKT OF LAWRENX'E. 

Be it enacted, etc., as folloics : 

Section 1. The salary of the justice of the police justice of police 
court of Lawrence shall be twenty-five hundred dollars a ieucf° 
year, to be so allowed from the first day of January in 
the year nineteen hundred. 

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

Approved April 26, 1900. 



Ax Act kelati\-e to the employmext of prisoners ix makixg 

GOODS for public USE. 



Chap.2m 



Be it enacted, etc., as foUoivs : 

Section 1. The public institutions named in chapter ProvisionBof 
three hundred and thirty-four of the acts of the year Icisofisos, to 
eighteen hundred and ninety-eight, being "An Act to f^i'tituuonl?*"' 
})rovide for the employment of prisoners in making goods 
for the use of the prisons and other public institutions", 
shall include every institution of the Commonwealth or 
of any county which is established, maintained or sup- 
ported wholly or in part by the appropriation of public 
moneys. 

Section 2. The provisions of said chapter three hun- to apply to 

11 iji'j/> 1 1 111 Tij. public institu- 

dred and thirty-four are hereby extended and applied to tions of certain 



196 Acts, 1900. — Chaps. 270, 271. 

the pu])lic institutions of any cit\' having a population of 
forty thousand inhabitants according to the census of the 
year eighteen hundred and ninety-tive ; and the principal 
officer of any institution supported by the appropriation 
of public moneys in any city included under the terms 
of this act shall make requisition for any articles that can 
be furnished by the labor of prisoners, in the same manner 
in which principal officers of state and county institutions 
are now required to make requisition under said chapter. 

Jj>pi-oved April 26, 1900. 

C7l(l7J.2i70 -^^ -^CT llELATIVE TO THE CONSTUUCTION OF BUILDINGS IN THE 
PAItKS AND PLAYGIJOUNDS OF THE CITY OF QUINCY. 

Be it enacted, etc., asfoUows: 
structures may SECTiOiSr 1. The park Commissioners of the city of 

be erected i" ,-. . "^ , . . . *^ , 

parka and play- Quincy may coustruct and mamtam in parks or play- 
Quincy!" grouuds of the city, now or hereafter under their control, 

structures for the shelter and refreshment of persons fre- 
quenting such parks or playgrounds, and may construct 
and maintain public bath houses along the shore and 
within the bounds of any such parks or playgrounds. 
The aforesaid structures shall be erected in such situa- 
tions as in the opinion of the chief of the fire department 
of the city will not endanger buildings beyond the limits 
of such parks or playgrounds. 
^lonr'ofYaw'" Section 2. Section sixteen of chapter fifty-four of the 
not to apply. PubHc Statutes and chapter seventy-five of the acts of the 
year eighteen hundred and ninety-three shall not apply to 
the structures hereby authorized to be erected. 

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

Approved April 27, 1900. 

CllCtT).^l\ ^^ ^^'^ RELATIVE TO THE CONSTRUCTION OF CELLARS IN THE CITY 

OF BOSTON. 

Be it enacted, etc., as follows : 

etr'a^m^'nded SECTION 1. Scctiou thirty-oue of chapter four hundred 
and nineteen of the acts of the year eighteen hundred and 
ninety-two, as amended by section thirteen of chapter 
four hundred and forty-three of the acts of the 3'ear eight- 
een hundred and ninety-four, is hereby amended by 
striking out in the thirteenth and fourteenth lines, the 
words "cellar or basement floors to be constructed in 



Acts, 1900. — Chap. 272. 197 

buildiiiirs, no puit of whii'h is to I)e UBed tis a dwelling", 
antl insertini;- in })lace thereof the words: — cellars no 
parts of which arc to Ijc used as living or sleeping rooms, 
to be constructed, — so as to read as follows : — Section 31. ^f"°*J™.'="°° 
The cellar of every dwelling hereafter Imilt on tilled or cellars lu 
made land, or where the grade or nature of the ground 
requires, shall be sufficiently protected from water and 
damp by a bed at least two inches thick over the whole, 
of concrete, cement and gravel, tar and gravel, or asphalt, 
or by bricks laid in cement. The space between any floor 
and the cellar bottoui shall be well ventilated. No cellar 
or basement floor of any building shall be constructed 
below the grade of twelve feet above mean low water : 
provided^ however, that the board of aldermen may, by Proviso. 
license, subject to revocation by them at any time for 
sufficient reason of pul)lic health, authorize cellars no parts 
of which are to be used as living or slee})ing rooms, to be 
constructed so much below said grade as they may desig- 
nate in such license. All metal foundations and all con- 
structional iron work under ground shall be protected 
from dampness by concrete, in addition to tv/o coats of 
red lead, or other material approved by the inspector. 
Section 2. This act shall take efl'ect uj3£>n its passage. 

Ap];)roved April 27, 1900. 



Ax Act to establish a board of survey for the town of 

AVATERTOAVX. 



Chaj).^12 



Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Watertown Board of survey 
shall constitute a Board of Survey for the town. for Watertown. 

Section 2. Any person or corporation desiring to lay pians of streets 
out, locate or construct any street or way in said town sub^uted to^ 
after the passage of this act shall, before beginning such ^'""■'i>^"=- 
construction, submit to said board of survey suitable plans 
of such street or way, to be prepared in accordance with 
such rules and regulations as the board may prescribe. 
Upon the receipt of such plans, with a petition for their Pubiic hearing 
approval, the board shall give a public hearing thereon, i" *'<' g'^«°' «'^- 
after giving notice of such hearing by publication once a 
week for two successive weeks in a newspaper published 
in the town, the last publication to be at least two days 
before the hearing; and after such hearing the board may , 
alter such plans and may determine where such street or 



198 Acts, 1900. — Chap. 272. 

way shall be located, and the widths and grades thereof, 
and shall so designate on said plans. The plans shall 
then be approved and signed b}' the board and tiled in the 
office of the clerk of the town, who shall attest thereon 
the date of such filing. 
piatiBtobe Section 3. The board of survey shall from time to 

made showing . . r . 

location of tmic causc to be made under its direction plans of such 
ways, etc. territory or sections of land in said town as the board may 
deem advisable, showing thereon the location of such 
streets or ways, whether already laid out or not, as the 
board shall be of opinion that present or future inter- 
ests of the public will require in such territory, and 
showing clearly the directions, widths and grades of each 
street or way ; and the board may employ such assistants 
and incur such expense in regard to said plans as it may 
deem necessary, not exceeding the amount of money 
PiiHic hearings appropriated by the town for the purpose. Before makinir 

lo be ffiveu etc i l l •/ i i ^ 

any such plan the board shall give a public hearing as to 
the locations, directions, widths and grades of streets or 
ways in the territory to be shown on the plan, after giving 
notice of such hearing by publication once a week for two 
successive weeks in a newspaper published in the town, 
the last publication to be at least two days before the 
hearing, and shall after making any such plan give a like 
notice of hearing, and a hearing thereon, and keep the 
plan open to pu])lic inspection for one month after the 
first publication of notice of sucli hearing. After such 
hearing, and after the alterations deemed necessary by the 
board have been made in such plan, the plan shall be 
marked as made under the provisions of this act, shall be 
signed by the board, and shall then be filed in the office 
of the clerk of said town, who shall attest thereon the 
date of such filing. 
orsi^ilct^^'"^^ Section 4. The powers of the board of selectmen of 
not abridged, said towu iu regard to highways shall not be abridged by 
this act in any manner, except as provided in this section, 
and the powers given to them l)y this act shall be in addi- 
conBtruction of tiou to the powcrs now possessed by them. After the 

Btreets or ways, pi- • i /■ itt 

etc. passage ot this act no street or way in the town or Water- 

town, shown on any plan filed as aforesaid, shall be laid 
out, located anew, altered or widened, and no such street 
or way, whether already or hereafter laid out, shall be 
constructed by any ]iublic authority, except in accordance 
with the provisions of this act. If any person or corpora- 



Acts, 1900. — Chap. 272. 199 

tion shall hereafter open for public travel any private way 
the location, direction, widths and grades of which have 
not previously been approved in writing by the board of 
survey in the manner provided in this act, then neither 
the town nor any other public authority shall place any 
public sewer, drain, water pipe or lamp in, or do any 
public work of any kind on, such private way so opened 
to public travel contrary to the provisions of this act : 
provided, however, that these provisions shall not prevent Proviso. 
the laying of a trunk sewer, water or gas main, if it be 
required by engineering necessities. 

Section 5. If any building shall hereafter be placed ^/f'^^o". etc., 

, , . • 1 , • 1 • 5i 1 1 • <• o^ buildin^w at 

or erected in said town within the boundaries or any street giadesoih.-. 
or way shown on any of the plans filed with the town clerk etc? °'*'^ *" ' 
as herein provided, or on land adjacent to any such street 
or way the grade of which at the time of placing or erect- 
ing such building is other than the grade shown on said 
plans, or on land adjacent to any street or way the plan 
and profile of which have not been approved hy said board 
of survey, no damages caused to any building so placed 
or erected, by the construction of such street or way as 
shown on said plans, or caused to any building so placed 
or erected, or to the land upon which such building is 
placed or erected, by the subsequent change of grade of 
any street or way the plan of which has not been approved 
by said board of survey, shall be recovered by or paid to 
the owner of the whole or any part of the estate of which 
the land upon which said building so placed or erected 
formed a part at the date of the first publication of notice 
of hearing as aforesaid. 

Sectiox 6. Said town may from time to time appro- AppropriationB. 
priate sums of money to be expended by the board of survey 
for carrying out the j^rovisions of this act ; but no ex- 
penditures shall be made in excess of such appropriations. 

Section 7 . Said board of survey, its officers and agents, Lands may bo 
may, so far as they deem it necessary in carrying out the survel^s mad'e, 
provisions of this act, enter upon any lands, and there ***''• 
make such examinations and surveys and place and main- 
tain such monuments and marks, as they may deem nec- 
essary ; and any person injured in his property by such 
entry or by such placing and maintaining, who fails to 
agree with the town as to the amount of his damages, may 
have them assessed and determined in the manner provided 
by law when land is taken for the laying out of highways 



200 Acts, 1900. — Chaps. 273, 274. 



, a.i^ww. WX..XXJ. o. -i,^, 



in said town, on application at any time within one year 
from such entry or from such placing and maintaining. 
Skingonand'^ Section 8. This act shall not be construed to author- 
etc- ize any taking or condemnation of land, or to render the 

town liable for damages of any kind, except for making 
entries upon land and for placing and maintaining monu- 
ments and marks as authorized by section seven, nor to 
authorize the said town to lay out or to construct any way 
located on any of said plans, until such way has been laid 
out as a highway under other provisions of law. 

Section 9. This act shall take eflect upon its passage. 

Approved April 27, 1900. 

Chcvp.^l^ An Act kelative to the distiubutiox of pkofits by co-opeka- 

TIVE BANKS. 

Be it enacted., etc., as folio ics : 

dentin °sicte. Section 1. Evcry co-operative bank which carries on 

tobetransfeneti i(;g books as asscts auv uupaid interest, premiums or 

to surplviH •/ JL '1 

account, etc. fincs, shall, at each periodic distribution of profits, transfer 
at least five per cent of such items to the credit of its sur- 
plus account, until such account amounts to at least twenty- 
five per cent of the total of all such items existing at the 
time of such distribution. 

uTbeTxemptt Section 2. Any bank which has at the time of the 
passage of this act a surplus equal to the amount men- 
tioned in section one shall be exempt from the provisions 
of said section until its surplus falls below said amount. 

repienished'by Sectiox 3. Whenever the amount in said surplus 

transfers in accouut falls bclow twcntv-five per cent of said unpaid 

certain cases. , , ./ L ^ I 

interest, premiums and fines, it shall be replenished by 
transfers, in the manner specified in section one, until it 
reaches said amount. 

Section 4. This act shall take eftect upon its passage. 

AiDproved Ajml 27, 1900. 

Chaj). 274: An Act to aholisu the present board of survey for the 

TOWN OF revere AND TO TRANSFER ITS POWERS AND DUTIES 
TO THE SELECTMEN OF THE TOWN. 

Be it enacted, etc., as foUoios : 

FoTSlvefe!""'' Section 1. The selectmen of the town of Revere shall 

constitute a Board of Survey for said town. 
Vt^lyllohT Section 2. Any person or corporation desiring to lay 
submitted to QLi^ locate or construct anv street or way in said town 

board, etc. ' J J 



Acts, 1900. — Chat. 274. 201 



after the passage of this act shall, before beginning such 
construction, .submit to the board of survey suitable plans, 
to be prci)are(l in accordance with such rules and regula- 
tions as the board may prescril)C. Upon tiie receipt of ^''^'ic hearing 

", L _ _ I _ 1 to be given, etc. 

such plans, together with a petition for their approval, 
said board shall give a public hearing thereon, after ad- 
vertising such hearing once a week for two successive 
weeks in a newspaper published in said town, the last ad- 
vertisement to be at least two days before the hearing ; 
and after such hearing the board may alter such plans and 
determine where such street or way shall be located, and 
the widths and grades thereof, and shall so designate on 
said plans. The plans shall then be approved and signed 
by the board and tiled in the office of the clerk of the town, 
who shall attest thereon the date of such tiling. 

Section 3. The board of survey shall from time to piaustobe 
time cause to be made under its direction plans of such uJcatlonoT'"^ 
territory or sections of land in said town as the board may elc!^""''^ ^^^^^' 
deem necessary, showing thereon the location of such 
streets or ways, whether already laid out or not, as the 
board shall judge that the present or future interests of 
the public will require in such territory, showing clearly 
the directions, widths and grades of each street or way ; 
and the board may employ such assistants and incur such 
expenses for this purpose as it may deem necessary, not 
exceeding the amount of money appropriated by the town 
for such purpose. The board, before makino- any such Public hearings 

1 11 • 11-1 • 11 • T to be given, etc. 

plan, shall give a public hearing as to the locations, direc- 
tions, widths and grades of streets or ways in the territory 
to be shown on the plan, after advertising such hearing 
once a week for two successive weeks in a newspaper pub- 
lished in said town, the last advertisement to be at least 
two days before the hearing, and shall, after making any 
such plan, give a like notice of hearing, and a hearing 
thereon, and shall keep the plan open to public inspection 
for one month after the first advertisement of such hearing. 
Such plan shall thereafter, and after any alterations deemed 
necessary by said board have been made thereon, be 
marked as made under the provisions of this act, shall be 
signed by the board, and shall then be filed in the office 
of the clerk of the town, who shall attest thereon the date 
of such filing. 

Section 4. The powers of the board of selectmen of of^^^e"tm°eT" 
said town in regard to highways shall not be abridged by not abridged, 



202 



Acts, 1900. — Chap. 274. 



Construction 
of streets or 
■ways, etc. 



Proviso. 



Erection, etc , 
of buildings at 
grades other 
than those 
tiled, etc. 



Appropriations 



this act in any manner, except as provided in this section, 
and the powers given to them in this act shall be in addi- 
tion to the powers now exercised by them. After the 
passage of this act no street or way in the town of Revere, 
shown on any plan filed as aforesaid, shall be laid out, 
located anew, altered or widened, and no such street or 
way, whether already or hereafter laid out, shall be con- 
structed by any public authority, except in accordance 
with the provisions of this act. If any person or corpora- 
tion shall hereafter open for public travel any private way, 
the location, direction, widths and grades of which have 
not previously been approved in writing by said board of 
survey, in the manner provided in this act, then neither the 
town nor an}^ other public authority shall place any public 
sewer, drain, water pipe or lamp in, or do any public work 
of any kind on, such private way so opened to public travel 
contrary to the provisions of this act : 2^^'ovided, however, 
that this provision shall not prevent the laying of a trunk 
sewer, water or gas main, as engineering demands may 
require. 

Section 5. If any building shall hereafter be placed 
or erected in said town upon land within the boundaries 
of any street or way shown on any of the plans filed with 
the town clerk as herein provided, or on land adjacent to 
any such street or way the grade of which at the time of 
placing or erecting such building is other than the grade 
shown on said plans, or on land adjacent to any street or 
way the plan and profile of which have not been approved 
by the board of survey, no damages caused to any build- 
ing so placed or erected, by the construction of such street 
or way as shown on said plans, or caused to any building 
so placed or erected, or to the land upon which said build- 
ing is placed or erected, by the subsequent change of 
grade of any street or way the plan of which has not been 
approved by the board of survey, shall be recovered by 
or paid to the owner of the whole or any part of the estate 
of which the land upon which said building so placed or 
erected formed a part at the date of the first advertise- 
ment aforesaid. 

Sectiox 6. The said town may from time to time 
appropriate sums of money to be expended by the board 
of survey in carrying out the provisions of this act. No 
expenditures shall be made in excess of such appropria- 
tions. 



Acts, 1900. — Chaps. 275, 27(5. 203 

Section 7. Chapter four himdrcd and seventeen of Repeal, etc. 
the acts of the year eighteen hundred and ninety-six is 
hereb}' repealed and the board of survey thereby estab- 
lished is hereby abolished. 

Section 8. The question of the acceptance of this act gggg°*°**^* 
shall be submitted to the voters of the town of Revere at 
the next ensuing state election, and the act shall take 
effect upon its acceptance by a majority of the voters 
voting thereon. Approved May 2, 1900. 



Cha2).275 



An Act relative to the Massachusetts stkeet railway acci 
dent association. 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter two hundred and Amended ^^' 
eighty-six of the acts of the year eighteen hundred and 
ninety-seven is hereby amended by striking out all after 
the word "therein", in the seventh line, so as to read as 
follows : — Section 2. Said corporation shall effect insur- Form of policy, 
ance only upon business named in section one of this act approve^dby 
and shall not do business until its by-laws and form of 
policy have been submitted to and approved by the insur- 
ance commissioner, nor until at least four of the street 
railway corporations of this Oommonwealth shall have 
applied for insurance therein. 

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

Approved May 2, 1900. 



insurance 
commiBsioner. 



An Act kelatlve to avires and electrical appliances in the f^j^f-,^ 27(i 

CITY OF SPRINGFIELD. -^ 

Be it enacted J etc., as foUoirs : 

Section 1, The city council of the citv of Sprinofield Removal of 

^ .J ' Y> ^ 1 Wires from 

may bj' ordinance designate some officer or officers of the theetreetsof 
cit\', who shall have exclusive authority to cause to be ^"°^ ^ 
removed from the streets of the city within the district 
hereinafter prescribed, all telegraph, telephone or electric 
light wires, caldes or conductors, in or above said streets, 
and all poles and structures in said streets used for the 
support of the same, except such structures, poles, wires, 
cables and conductors as are hereinafter excepted, and to 
cause all such wires, cables and conductors to be placed, 
maintained and operated in underground conduits. 

Section 2. The provisions of this act shall apply to to apply to a 
that district of the city of Springfield which is bounded '"''"''° '*'''"'='• 



204 



Acts, 1900. — Chap. 276. 



Certain wires, 
etc . , to be 
removed or 
placed under- 
ground. 



Not to place 
certain struct- 
ures in pre- 
scribed district, 
except, etc. 



Not to apply 
to long distance 
telephone wires, 
etc. 



by a circumference whose centre is Court square and 
whose radius is two miles in length from said centre. 
And said officer or officers, within thirty days after ap- 
pointment, and in each January thereafter until the work 
in the said district is completed, shall prescribe, giving 
pu])lic notice thereof in at least two daily newspapers in 
said city, by advertising therein twice a week for two 
weeks in succession, a part of said district, consisting of 
not less than three nor more than five miles of streets, 
within which part all telegraph, telephone or electric light 
wires, cables and conductors, except such as are herein- 
after excepted, shall, during that calendar ^'ear, ])e re- 
moved or placed underground ; and said officer or officers 
shall cause the owners or users of such wires, cables and 
conductors, to remove or place them underground, and 
also to remove an}' poles or structures used in the streets 
to support such wires, cables or conductors, except when, 
in the judgment of said officer or officers, it is imi)racticable 
or inexpedient to remove such wires, cables, poles, con- 
ductors or structures ; it being the purpose and intent of 
this act ultimately to cause the removal from public streets, 
avenues and highway's in said district of all telegraph, 
telephone or electric light wires, cables and conductors, 
except such as are hereinafter excepted. 

Section 3. After a Y)art of said district has been pre- 
scribed as aforesaid no person, firm or corporation shall 
place any poles or other structures for the support of tele- 
graph, telephone or electric light wires, cables or conduc- 
tors, except those herein si)ecially excepted, in any street 
thereof, except temporarily, with the consent of said 
officer or officers, in the case of an emergency ; and if 
after the expiration of that calendar year there shall re- 
main in any such street any poles, structures, wires, cables 
or conductors which said ofiicer or officers shall have 
ordered to be removed or placed underground, the said 
oflScers shall cause the same to be removed ; and the city 
may collect from the owners or users, by an action at law, 
any expense involved in such removal. 

Section 4. This act shall not apply to long distance 
telephone wires, or to posts for the support of lamps ex- 
clusively, or to poles used exclusively for local distribu- 
tion from underground wires, cables or conductors, or to 
poles and wires used for lighting the public streets and 
public buildings of the city of Springfield under existing 



Acts, 1900. — Chap. 277. 205 

contracts with said city, durini!: the continuance of said 
contracts ; nor shall it revoke any rights already granted ^e,'.{.j*;VrTTuB' 
to any person, tirin or cor})oration to })lace or maintain granted, etc 
any conduits, pipes, wires, cables or conductors under- 
ground ; but any such conduits, pipes, wires, cables or 
conductors laid hereafter in pursuance of any such grant 
shall be laid subject to the })rovisions of this act, so far 
as they are not inconsistent with the terms of such grant. 
For the purposes of this act no wire shall be deemed a 
long distance telephone wire which is not connected with 
some central telephone office in the city, and which does 
not extend twenty-five miles at least in a direct line from 
the central office. 

Section 5. The mayor and aldermen of the city shall ,^°iJefi°^ 
constitute a board of appeal, to which petitions in writing 
may be presented by any j^erson, firm or corporation 
aggrieved by any act or decision of said officer or officers, 
done or made in ])ursuance of this act. Such petition 
shall set forth the specific grievance or grievances relied 
upon, and shall be filed with the mayor of the city within 
ten days from the act or decision complained of; and said 
board after notice given as prescribed in section two of 
this act shall give a hearing thereon, and may either ap- 
prove, annul or overrule such act or decision. 

Section G. The supreme judicial or superior court, or Enforcement of 
any justice thereof, shall, on petition of said officer or i"^"^"*'° "■ 
officers, have jurisdiction in equity to enforce the provi- 
sions of this act or any order of said officer or officers 
issued thereunder, and to compeK compliance therewith. 

Section 7. This act shall take efiect upon its passage. 

Apiwoved May 2, 1000. 

An Act to autuorize the framingham water company to nj^fu^ 277 

SUPPLY ^VATER TO THE REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc., as follmvs : 

Section 1. The Framingham Water Company is hereby water supply 
authorized to furnish water to the reformatory prison for prison f™^ ^ 
women, situated in the town of Sherborn, upon such terms ^°'"^"- 
as may be agreed upon between the said company and the 
superintendent of said prison, subject to the approval of 
the commissioners of prisons. 

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

Approved May 2, 1900. 



206 



Acts, 1900. — Chap. 278. 



Chap.278 



1881, 169, § 4, 
amended. 



Municipal 
election and 
municipal year. 



1881, 169, § 9, 
amended. 



Election of 
mayor, alder- 
men, etc. 



Certificates 
of election of 
members of 
the common 
council. 



Person chosen 
mayor to be 
notified, etc. 



By whom duties 
may be per- 
formed in case 
of disability 
of mayor. 



An Act to amend the chapter of the city of malden. 
Be it enacted, etc., as follows : 

Section 1. Section four of chapter one hundred and 
sixty-nine of the acts of the year eighteen hundred and 
eighty-one is hereby amended by striking out the word 
" first", in the second line, and inserting in place thereof 
the word : — second, — so as to read as follows : — Section 
4. The election of city and ward officers shall take place 
on the second Tuesday of December annually ; and the 
municipal year shall begin on the first Monday of January 
following. 

Section 2. Section nine of said chapter is hereby 
amended by striking out the whole of said section and 
inserting in place thereof the following : — Section 9. 
On the second Tuesday of December annually the quali- 
fied voters in the several wards shall give in their votes 
by ballot for mayor, aldermen, common councilmen and 
school committee, in accordance with the provisions of 
this act. All the votes so given shall be assorted, counted, 
declared and recorded in open ward meeting, by causing 
the names of the persons voted for and the number of votes 
given for each to be written in the ward record at length. 
The clerk of the ward, within twenty-four hours there- 
after, shall deliver to the persons chosen members of the 
common council certificates of their election respectively, 
signed by the warden and the clerk and a majority of the 
inspectors of elections, and shall deliver to the city clerk 
a copy of the record of such elections, certified in like 
manner. The board of aldermen shall, within ten days 
thereafter, examine the copies of the records of the several 
wards, certified as aforesaid, and shall cause the person 
who shall have been chosen mayor to be notified in writ- 
ing of his election ; but if it shall appear that no person 
has been chosen, or if the person chosen shall refuse to 
accept the office, the board shall issue w\arrants for a new 
election, and the same proceedings shall be had in all 
respects as are hereinbefore provided for the choice of 
mayor, and from time to time shall be repeated until a 
mayor shall be chosen and shall accept said office. When- 
ever by reason of sickness or other cause the mayor shall 
be disabled from performing the duties of his office, or 
whenever he shall be absent temporarily from the city, the 



Acts, 1900. — Chap. 278. 207 

chairman of the board of aldermen, or, in the event of his 
disability or absence, the president of the connnon coun- 
cil, shall become acting mayor during the period that the 
mayor is disabled or absent. 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 acting make any permanent appointment, unless such 
disability of the mayor has continued for a period of thirty 
days, nor shall he approve or disapprove any ordinance, 
order, resolution or vote, until within twenty-four hours 
of the time when it would take efiect without the approval 
of the mayor. In case such disability of the mayor con- 
tinues for a period exceeding sixty days the city council, 
by concurrent vote, may at any time after the expiration 
of that period declare a vacancy to exist in the office of 
mayor, and on the death or resignation of the mayor 
it shall be the duty of the city council to declare such 
vacanc}' immediately. Whenever it appears that there is vacancy in 
a vacancy in the office of mayor the board of aldermen "^'^e "^ "^^yor. 
shall issue warrants for a new election as above provided. 
Whenever there is a vacancy in the office of mayor pend- 
ing the election and installation of a new mayor, as pro- 
vided in this section, the chairman of the board of alder- 
men, or, in the event of his disability or absence, the 
president of the common council, as above provided, shall 
act as mayor, and possess the same rights and powers as 
mayor during such vacancy as are above provided for 
in the case of acting mayor. Each alderman shall be Aldermen to 
notified in writing of his election by the mayor and alder- efectiouf ** °^ 
men for the time being. The oath prescril)cd by this act Oath of office 
shall be administered to the mayor by the city clerk, or aid'ei^en', etc 
by any justice of the peace. The aldermen and common 
councilmen elect shall on the first Monday of January, at 
eight o'clock in the evening, meet in convention, when 
the oath required by this act shall be administered to the 
members of the two boards present, by the mayor, or by 
any justice of the peace ; and a certificate of such oath 
having been taken shall be entered upon the journals of 
the mayor and aldermen and of the common council, hy 
their respective clerks. After the oath of office has been organization 
administered as aforesaid the two boards shall separate ; aiderraen°and 
the board of aldermen shall be organized by the selection coundll'etc. 
of a chairman, who shall, in the absence of the mayor, 
preside over that board and at the joint meetings of the 



208 Acts, 1900. — Chap. 279. 

two boards ; and the common council shall be organized 
by the choice of a president and clerk, to hold their offices 
respectively during the pleasure of the common council, 
the clerk of the common council to be sworn to the faithful 
performance of the duties of his said office. In case of 
the absence of the mayor elect on the first Monday of 
January, or if the ma3^or shall not then have been chosen, 
the city council shall organize itself in the manner herein- 
before provided, and may progeed to business in the same 
manner as if the mayor were present; and the oath of 
office may at any time thereafter, in convention of the two 
boards, be administered to the mayor and any member 
of the city council who may have been absent at the 
Each board to oro'anization . Each board shall keep a record of its own 

keep a record ~ n.i /•ii-c' i 

of its proceed- procccdmgs, and juuge ot the election or its own members ; 
ings, ec. ^^^ .^ ^^^^ ^^ failure of election, or in case of vacancy 

declared by either board, the mayor and aldermen shall 
issue their warrant for a new election. 

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

Approved May 2, 1900. 

Ch(ip.27^) An Act to provide for the reimbursement of probation 

OFFICERS FOR EXPENSES INCURRED BY THEM IN THE PERFORM- 
ANCE OF THEIR DUTIES. 

Be it enacted, etc., as follows : 

amlndld^^' SECTION 1. Sectioii oue of chapter two hundred and 

twenty-nine of the acts of the year eighteen hundred and 
ninety-four is hereby amended by striking out in the 
seventh line, the word "one", and inserting in place 
thereof the word: — two, — so as to read as follows: — 

Probation Sectioii 1. Actual disbursements for necessary expenses 

ofbcers to be ^ i -i • i /• i? 

reimbursed for madc by probatiou officers while in the periormance or 
red, etc. their dutics shall be reimbursed to them out of the treas- 

uries of the counties in which they serve, after approval 
by the court or justice by whom they are appointed, 
provided that no officer shall be allowed for such dis- 
bursements a greater sum than two hundred dollars in 
any one year. 

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

Approved May 2, 1900. 



Acts, 1900. — Chap. 280. 209 

An Act rfxative to foreign corporations iiavtno a usual /^/.yy^^ 280 

I'LACE OK IUISINESS IN THIS COMMONWEALTH. ^ ' 

Be it enacted.^ etc., as folloivs : 

Section three of chapter three hundred and thirty of 1884,330, §3 

etc. Bni€U{J6Cl 

the acts of the year eighteen hundred and ciirhty-four, 
a8 amended by chapter one hundred and tifty-seven of 
the acts of the year eighteen hundred and ninety-tive, is 
hereby amended by adding after the word "incorpora- 
tion", in the fourth line, the words: — certitied to by the 
secretary of state or other oificer having charge of the 
original record in the state or country where such cor- 
poration is incorporated, under the seal of said state or 
country, — so as to read as follows : — /Section 3. Every Every foreign 
such company before transacting business in this Com- me'wiufcom? 
monwealth shall file with said commissioner a copy of its missionera 

. • . 1 1 copy of Its 

charter or certificate of incorporation, certified to by the charter, etc. 
secretary of state or other officer having charge of the 
original record in the state or country where such cor- 
poration is incorporated, under the seal of said state or 
country, and a statement of the amount of its capital 
stock, and the amount paid in thereon to its treasurer, 
and if any part of such payment has been made otherwise 
than in money the statement shall set forth the particulars 
thereof, and said statement shall ]>e subscribed and sworn 
to by its president, treasurer and by a majority of its 
directors or officers having the powers usually exercised 
by directors. All such companies now doing Inisiness in 
this Commonwealth shall file such copy and such state- 
ment on or before the first day of October next, provided 
such business is thereafter continued. Every officer of a Penalty, etc. 
corporation which fails to comply with the requirements 
of this act, and every agent of such corporation who trans- 
acts business as such in this Commonwealth shall for such 
failure be liable to a fine not exceeding five hundred dol- 
lars ; but such failure shall not affect the validity of any 
contract by or with such corporation. Every such com- 
pany shall pay into the treasury ten dollars for filing the 
copy of its charter, and five dollars for filing the statement 
required by this section. The provisions of the Public certain provi- 
Statutes in so far as they impose penalties and liabilities, apply? '^^'' ^ 
and the enforcement of the same, upon officers and stock- 
holders of domestic corporations for false and fraudulent 



210 Acts, 1900. — Chaps. 281, 282. 

statements and returns, shall apply to the officers and 
stockholders of foreign corporations doing business in this 
Commonwealth and subject to the provisions of this act. 

Appro oed May 2, 1900. 

ChClV.281 -^^ ^^'^ RELATIVE TO THE OFFICE HOURS OF CLERKS OF POLICE, 

DISTRICT AND MUNICIPAL COURTS. 

Be it enacted, etc., as follows : 
officehoursof SECTION 1. The iusticcs of cach of the police, district 

clerka of police, .., '', ,^ ' iiiii 

district, etc., aud municipal courts throughout the Commonwealth shall 
fixed. fix reasonable daily oflice hours for the clerks of their re- 

spective courts during which the offices of the clerks shall 
be required to be open, such hours to be fixed with regard 
to the business done in said courts and to the convenience 
of the public and of attorneys. The office hours so fixed 
shall be posted in a conspicuous place in each of said 
offices and shall be set forth in the printed rules of the 
said courts. 
When to take Sectiox 2. This act shall take efiect on the first day 

of May in the year nineteen hundred. 

Approved May 2, 1900. 

Chup. 2S2 Ax Act to prohibit corporatioxs from requirix<4 p.oxds of 

THEIR EMPLOYEES IX CERTAIN CASES. 

Be it enacted, etc., as follows : 

Certain corpo- SECTION 1. No corooratiou enffaged in carrying pas- 
rations not to . i. ..,^. .. Ill- 
require bonds senofcrs or lu transporting freight for hire shall require 

of employees in '■ . ^ ^ '-' ,, ijji 

certain cases, or rcceivc fi'om any person employed or about to be em- 
ployed by it any bond or other security, either with or 
without surety or sureties, for the purpose of indemnify- 
ing such corporation against loss or damage to persons or 
property resulting from any act or neglect of any em- 
ployee or person about to become an employee of such 
corporation ; but this act shall not apply to bonds for the 
proper accounting of money or other property belonging 
to any such corporation. 

Penalty. SECTION 2. Ally violatiou of the provisions of this 

act by any such corporation or by any person in its behalf 
shall be punished by a fine not exceeding fifty dollars for 
the first offence, and not exceeding one hundred dollars 
for a second offence. Approved May 2, 1900. 



Acts, 1900. — Chaps. 283, 284. 211 

An Act to autiioiuze the Norton and taunton street rait,- n'kQ.jx 2S'> 

WAY COMrAW TO (WRKY THE UNITED STATES MAIL, AND TO ACT 
AS A COMMON CARRIER OF BAG(iAOE AND SMALL PARCELS OK 
MERCHANDISE. 

Be it enacted^ etc.^ asfolloics: 

Section 1 . The Norton and Taunton Street Railway May act as a 
Company may act as a common carrier of baggage, small of'm^^cliandise^ 
parcels of merchandise and the United States mail : pro- *'*''• 
vided, however, that said company shall not so act in any Provisos. 
town or city until authorized to do so by the selectmen 
of the town and the board of aldermen of the city in which 
said road may operate ; and provided, further, that said 
company shall in carrying baggage and small parcels be 
sul)ject to such by-laws and regulations as may from time 
to time be made by such cities and towns ; and shall also 
be subject to the provisions of chapter seventy-tiiree of 
the Pulilic Statutes and of all other laws relating to com- 
mon carriers. 

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

Approved May 2, 1900. 

An Act to regulate fishing in brooks stocked by the com- /^/i/y>, QQJ. 

MISSIONERS ON INLAND FISHERIES AND GAME. ^ ' 

Be it enacted, etc., as fottoivs : 

Section 1. The commissioners on inland fisheries and certain brooks 
game, upon petition of thirty or more inhabitants of a city with food tish, 
or town, including the owners of the land within which a ^ '^' 
brook or part thereof is situated, or upon petition of the 
mayor and aldermen of a city or the selectmen of a town, 
including such owner or owners, may cause such brook to 
be stocked with such food fish as they deem best suited to 
the waters of the brook. 

Section 2. Said commissioners shall thereupon pre- Fishing to be 
scribe, for a period not exceeding three years, such reason- '"^^"lated. 
able regulations as to fishing in such brook or brooks, with 
such penalties, not exceeding twenty dollars for any one 
violation of such regulations, as they may deem for the 
best interests of the public ; and shall cause such regula- 
tions to be enforced : provided, that said owners shall Proviso, 
agree that such brook or part thereof shall be open to the 
public after the expiration of the three years designated 
in this section. 



212 



Acts, 1900. — Chaps. 285, 286. 



Appropriation. 



Section 3. There shall be allowed and paid annually 
from the treasury of the Commonwealth a sum not exceed- 
ing five hundred dollars to carrj^ out the provisions of 
this act. 

Section 4. This act shall take effect upon its passage. 

Approved May 2, 1900. 



Chan 285 ^^ -^^^ '^^ authorize the lexington and 



BOSTON STREET RAIL- 
W^AY COMPANY TO OPERATE ITS RAILWAY OVER PRIVATE PROP- 
ERTY. 

Be it enacted^ etc., as follows : 
Certain action Section 1. The action of the Lexington and Boston 

oithuLexjng- t-» -i /^ • • • 

ton and Boston Street Kaiiway Company in constructing its railway over 
Company' con^ private propci'ty with the consent of the owners of said 
firmed. property and of the boards of selectmen of the towns of 

Billerica, Bedford and Lexington, and in acquiring lands 
by purchase or lease for such purpose, is hereby ratified 
and confirmed ; and the companj^ is authorized to maintain 
and o})erate its railway upon and over said property. 

Section 2, Said railway company may, to avoid curves 
or grades, build, operate and maintain its railway, with 
the approval of the board of railroad commissioners, at 
points outside the highways where authorized by the 
selectmen of towns or boards of aldermen of cities wherein 
it is now authorized to construct its road, and may acquire 
land by purchase or lease for that purpose. 

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

Approved May 2, 1900. 



M.iy build, etc. 
its railway 
outside the 
highways, etc. 



Chap.2S6 



An electrician 
and an assistant 
engineer may 
be appointed at 
the state prison. 

Duties, etc. 



Salaries. 



An Act to authorize the appointment of an electrician and 

AN assistant engineer AT THE STATE PRISON. 

Be it enacted, etc., as foUoivs : 

Section 1. The warden of the state prison may, with 
the approval of the commissioners of prisons, appoint one 
electrician and one assistant engineer at said prison. 

Section 2. The electrician and the assistant engineer 
shall perform such duties as may be assigned to them by 
the warden ; and they shall be subject to all the obligations 
and penalties now provided by law in regard to officers of 
said prison. 

Section 3. The salaries of the ofiicers appointed under 
this act shall be fixed by the warden, with the approval of 
the commissioners of prisons ; but the salary of the elec- 
trician shall not exceed twelve hundred dollars a year, 



Acts, 1900. — Chaps. 287, 288. 213 

and the salary of the assistant en<rineer sluill not exceed 
one thousand dolhirs a year. 

Section 4, This act shall take eHect on the first day when to take 
of January in the year nineteen hundred and one. *'"^'''''' 

App7'oved May 2, 1900. 



''''''- Cha7j.2Sl 

PUK- -^ 



Incss 



issue 



An Act to autiiokizk tiii'; town oi' uiolmont to incur indebt- 
edness BEYOND TUE LIMIT FIXED HI' LAW, I'OK SCHOOL 
POSES. 

Be it enacted, etc., as folloirs : 

Section 1. The town of Belmont, for the purpose of May incur 

I • . . 1 1 i> J 1 1 i • /• iiulebtednci 

purchasing or acquiring land tor the location ot a new for school 
schoolhouse, and for the purpose of erecting and furnishing p"'"p°' 
such schoolhouse and grading the grounds around the 
same, may incur indebtedness to an amount not exceed- 
ing forty thousand dollars, but the land so purchased or 
acquired shall not exceed in area fifty thousand square 
feet. 

Section 2. Said town is hereby authorized to issue, May 
for the indebtedness incurred under this act, the negoti- "o'e^'e'c. 
able notes of the town, payable in such annual payments 
as the selectmen and town treasurer may determine, and 
which shall extinguish said indebtedness in thirty years 
from the passage of this act. 

Section 3. The indebtedness incurred under this Not to be con- 
act shall not be considered or reckoned in determining de'lermini'Dg 
the authorized limit of indebtedness of said town under the debt limit. 
provisions of section four of chapter twenty-nine of the 
Public Statutes and of acts in amendment thereof. 

Section 4. Except as herein otherwise provided the p. 8.29, etc., 
provisions of chapter twenty-nine of the Public Statutes ^""pp'^- 
and of chapter one hundred and twenty-nine of the acts 
of the year eighteen hundred and eighty-four shall apply 
to the issue of said notes. 

Section 5. This act shall take effect upon its passage. 

Approved May 2, 1900. 

An Act to authorize the city of beverly" to incur indebted- r-n oqq 

NESS BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF -^ 

constructing a system OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The city of Beverly, for the purpose of Beverly sewer- 
defraying the expense of constructing and maintaining a of 1900. 
system of sewerage and sewage disposal, is hereby author- 



214 



Acts, 1900. — Chap. 288. 



Sale of bonds, 
etc. 



rroviso. 



Paymeut of 
debt. 



May provide 
for annual 
payments on 
loan, etc. 



Issue of V)Onds, 
etc., to be ap- 
proved by 
board of alder- 
men, etc. 



ized to issue from time to time notes, bonds or scrip be- 
yond the limit of indebtedness fixed by law, to an amount 
not exceeding one hundred thousand dollars in addition 
to the amount heretofore authorized by law to be issued 
by the town of Beverly for the same pur))ose under the 
provisions of chapter two hundred and fifty of the acts of 
the year eighteen hundred and ninety-three. Such notes, 
bonds or scrip shall be denominated on the face thereof, 
Beverly Sewerage Loan, Act of 1900, shall bear interest 
at a rate not exceeding five per cent per annum, payable 
semi-annually, and the })rincipal shall be payable at periods 
of not more than thirtv vears from the date of issuing; such 
bonds, notes or scrip respectively. Said city may sell 
said bonds, notes or scrip, or any part thereof, at public 
or private sale : pi'ovided, that the same shall not be sold 
for less than the par value thereof. 

Sectiox 2. Said bonds shall be so issued that a pro- 
portionate part of the w^hole amount issued shall become 
due on the first day of July in the year nineteen hundred 
and one, and thereafter a like proportionate amount shall 
become due each succeeding year until the whole debt is 
extinguished. Said city shall at the time of authorizing 
said loan provide for the payment thereof in such annual 
payments as will extinguish the same within the time pre- 
scribed in this act ; and w'hen such proportionate amount 
to be paid each year shall be so fixed by vote of the city 
council the amount required thereby shall, without further 
vote, be assessed by the assessors of said city in each year 
thereafter until the debt incurred by the city for sewer 
purposes shall be extinguished, in the same manner as 
other taxes are assessed under the provisions of section 
thirty-four of chapter eleven of the Public Statutes. 

Section 3. Whenever the treasurer has occasion to 
issue bonds for the purpose mentioned in section one he 
shall state in detail in writing to the board of aldermen 
the number of bonds and interest warrants he has occasion 
to issue ; and only such number of bonds and interest 
warrants shall be issued as are approved by the board of 
aldermen. But no bonds, notes or scrip shall be valid 
until signed by the mayor and treasurer and countersigned 
by the auditor. 

Section 4. This act shall take efiect upon its passage. 

Apjyi'oved May 3, 1900. 



Acts, 1900. — Chaps. '289, 290, 291. 215 

An Act to authorize the selectmen ok the town of stone- (JJki^j 289 

HAM TO take CEKTAFN LAND KOU SCHOOL I'UHPOSES. 

Be it enacted, etc., as folio ion : 

Section 1. The selectmen of the town of Stoneham May take 
are hereby authorized to take and use for school purposes forschoo? 
the tract of land in said town known as the Williams p"''?'^"®*- 
Street cemetery. 

Section 2. Section four of chapter four hundred and ^^^p''"'- 
forty-six of the acts of the year eighteen hundred and 
ninety-nine is hereby repealed. 

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

Approved May 3, 1900. 

An Act kelative to the service of process in the col- Qhrtj) 290 

LECTION OF TAXES. 

Be it enacted, etc., as folloios : 

Section 1. Section two of chapter four hundred and isas. 425 §2, 

/. •! £• ^ • ^ 1111 amended. 

twenty-live ot the acts or the year eighteen hundred and 
ninety-nine is hereby amended by striking out in the 
second line, the words "made within ten days after such 
service and", so as to read as follows : — Section 2. The Evidence of 
affidavit of a collector or deputy collector, kept on file in proVeT8*in the 
the office of the collector of taxes for the city or town in trxeT."°°°^ 
which the real estate lies, that he has served such notice, 
summons, demand or other paper as authorized by the 
preceding section, shall be prima facie evidence that the 
same was so served. 

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

Approved May 4, 1900. 

An Act making appropriations for the Massachusetts school (Jliaj) 291 

FOR the feeble-minded, FOR THE STATE NORMAL SCHOOL AT 
WESTFIELD, AND FOR CERTAIN OTHER EXPENSES AUTHORIZED BY 
LAW. 

Be it enacted, etc., as folloios : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and for certain other expenses authorized by law, to 
wit : — 



216 



Acts, 1900.— Chap. 291. 



Berkshire 

Agricultural 

Society. 



Improvement 
of harbor of 
Cuttyhunk. 



State normal 
Bchool at 
Westfleld. 



Massachusetts 
state sana- 
torium. 



Massachusetts 
School for the 
Feeble-minded. 



New England 
Industrial 
School for 
Deaf Mutes. 

State normal 
school at 
North Adams. 



John "W. 
Weeks. 



Improvement 
of entrance to 
Waquoit bay. 



8. Lothrop 
Thorudike. 



Statue of 
Major General 
Nathaniel 
Prentiss Banks 



For the Berkshire Agricultural Society, as authorized 
by chapter twenty-one of the resolves of the present year, 
the sum of live hundred twenty-nine dollars and twenty- 
five cents. 

For a survey and estimate relative to the improvement 
of the harbor of Cuttyhunk, as authorized by chapter 
thirty-three of the resolves of the present year, a sum not 
exceeding one thousand dollars. 

For completing and furnishing the practice school build- 
ing at the state normal school at Wcstfield, as authorized 
by chapter thirty-four of the resolves of the present year, 
a sum not exceeding twelve thousand dollars. 

For certain repairs and improvements at the Massa- 
chusetts state sanatorium, as authorized by chapter thirty- 
five of the resolves of the present year, a sum not 
exceeding twenty-three thousand dollars. 

For the Massachusetts School for the Feeble-minded, 
as authorized b}^ chapter thirty-six of the resolves of the 
present year, a sum not exceeding fifty thousand dollars. 

For the New England Industrial School for Deaf Mutes, 
as authorized by chapter thirty-seven of the resolves of 
the present year, the sum of two thousand dollars. 

For additional furnishings and repairs for the state 
normal school at North Adams, as authorized by chapter 
thirty-nine of the resolves of the present year, a sum not 
exceeding fifteen hundred dollars. 

For reimbursing John W. Weeks for money expended 
in the maintenance of the state cruiser Inca, as authorized 
by chapter forty of the resolves of the present year, a 
sum not exceeding thirteen hundred and fifty dollars. 

For a survey and estimate relative to the improvement 
of the entrance to Waquoit bay in the town of Falmouth, 
as authorized by chapter forty-two of the resolves of the 
present year, a sum not exceeding one thousand dollars. 

For S. Lothrop Thorndike, executor, as authorized by 
chapter forty-three of the resolves of the present year, 
the sum of two thousand thirty dollars and sixty-two 
cents. 

For the erection of a statue of Major General Nathaniel 
Prentiss Banks, in the state house, or on the grounds of 
the state house, as provided for by chapter seventy-nine 
of the resolves of the 3^ear eighteen hundred and ninety- 
seven, a sum not exceeding twenty thousand dollars, 
being a reappropriation, the same having reverted to the 



Acts, 1900. — CiiAr. 291. 217 

treasury in accordance with section tliirty of chapter six- 
teen ot" the Public Statutes. 

For expenses in connection witii the collection of por- coiipcUonof 
traits of presidents of the senate, as autliorized by cliapter p'reHkiluaH of 
eighty-four of the resolves of the year eiii'hteen hundred i'^"> «^""'^«- 
and ninety-eii;ht, the suui of one hundred ninety-five dol- 
lars and seventeen cents, heinii' the unexpended balance 
of the sum of live hundred dollars originally a|)propriated 
to carry out the provisions of said resolve, the same hav- 
ing- reverted to the treasur}' in accordance with section 
thirty of chapter sixteen of the Public Statutes. 

For ex})enses of enforcing the law to regulate the Enforcing law 
practice of pharmacy, a sum not exceeding one thousand ',rrac^cV^of 
dollars, the same to be in addition to the fifty-five hun- p^^armacy. 
dred dollars appropriated by chapter forty-four of the 
acts of the present year. 

For school registers and other school blanks for the school blanks. 
cities and towns of the Commonwealth, a sum not exceed- 
ing two hundred dollars, as authorized by chapter one 
hundred and eighty-seven of the acts of the present year, 
the same to be in addition to the one thousand dollars 
appropriated by chapter eighty-seven of the acts of the 
present year. 

For William Wilmot, the sum of three hundred dollars, wniiam 
as authorized by chapter forty-four of the resolves of the ''™°*' 
present year. 

For Thomas Freer, the sum of forty dollars, as authorized Thomas Freer. 
by chapter forty-five of the resolves of the present year. 

To provide for additional rooms in the sub- basement of ^of^j^'for^ 
the state house for the use of the detective department of district police. 
the district police, a sum not exceeding thirty-six hundred 
dollars, as authorized by chapter forty-six of the resolves 
of the present year. 

For maintenance of and necessary repairs to the appa- Apparatus for 
ratus for the practical examination of engineers and firemen, eugineers'^etc. 
a sum not exceeding five hundred dollars, as authorized by 
chapter forty-eight of the resolves of the present year. 

For George F. Whiting and Frederick L. Churchill, G-K-Whuing 

Jin f n\ T-i -ITT1 • • 1 r^ i ^""^ Company. 

composing the nrm or (j. J^ . Whitmg and Company, the 
sum of one hundred and fifty dollars, as authorized by 
chapter forty-nine of the resolves of the present year. 

For the Massachusetts Ao-ricultural College, the sum of MasBachusetts 

1 1 1 c ' e -'^K^cultural 

eight thousand dollars, as authorized by chapter ntty ot coUege. 
the resolves of the present year. 



218 



Acts, 1900. — Chap. 292. 



Collection, etc., 
of infoiiuation 
relative to 
partly aban- 
doned farms, 
etc. 



First clerk 
ill office of 
auditor. 



Second clerk 
in office of 
auditor. 



For expenses in collecting and distributing information 
relative to partly abandoned farms and miremunerative 
lands, a sum not exceeding one thousand dollars, as au- 
thorized by chapter fifty-one of the resolves of the pres- 
ent year. 

For the salary of the first clerk in the office of the auditor 
of accounts, the sum of three hundred dolhirs, as authorized 
by chapter two hundred and seventeen of the acts of the 
present year, the same to be in addition to an}^ amount 
heretofore appropriated for the same purpose. 

For the salary of the second clerk in the office of the 
auditor of accounts, the sum of two hundred dollars, as 
authorized by chapter two hundred and seventeen of the 
acts of the present year, the same to be in addition to an}^ 
amount heretofore appropriated for the same purpose. 

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

Apjiroved May 4, 1900. 



May increase 
capital stock, 
issue bonds. 



Chan.^iQ^ Ax Act to authorize the milford, attleborough and woon- 

SOCKET STREET RAILWAY COMPANY TO INCREASE ITS CAPITAL 
STOCK, TO ISSUE BONDS, AND TO EXTEND ITS RAILWAY. 

Be it enacted, etc. , as follows : 

Section 1. The Milford, Attleborough and Woon- 
socket Street Railway Company is hereby authorized to 
increase its capital stock to an amount which, together 
with the amount heretofore authorized, shall not exceed 
three hundred thousand dollars, and to issue bonds to an 
amount not exceeding the capital stock issued, for the 
purpose of extending its tracks upon such locations as may 
be granted to it under the provisions of law, and for pur- 
chasing equipment, for constructing power stations, and 
for acquiring real estate and other property to be used in 
connection with the construction and operation of its 
railway. 

Section 2. Said company may extend, locate, con- 
struct, maintain and operate its railway, with a single or 
double track, in such manner as may be convenient and 
necessary, in the towns of Mendon and Hopedale, in part 
upon private land acquired by purchase or lease, and upon 
streets, highways or state roads in said towns, subject to 
the approval and control of the selectmen of said towns, 
and subject also to the approval of the Massachusetts 
highw^ay commission as to any part of said railway located 
upon a state road. The location of said railroad on private 



May extend, 
etc., its railway 
in certain 
towns. 



Location. 



Acts, 1900. — Chap. 293. 219 

land shall not exceed tifty feet in width, with convenient 
turn-outs and switches. 

Section 3. Said company, for the purpose of avoiding May buiid. etc., 
curves or grades, may, with the approval of the board of private"iaud°" 
raih'oad commissioners, build, maintain and operate its ^'°" 
railway on private land acquired by purchase or lease for 
said purpose, provided also that it is authorized so to do 
by the selectmen of towns wherein it is authorized to con- 
struct its railway. 

Section 4. No stock or bonds shall be issued under issue of stock 
this act until such issue has been approved by the board approved by 
of railroad commissioners ; and a certificate setting forth mi6s°oner8,°etc. 
such approval shall be executed by the board and filed in 
the office of the secretary of the Commonwealth. 

Approved May 4, 1900. 

As Act to incorporate the field memorial library. Chan 293 

Be it enacted, etc., as foUotcs : 

Section 1. William G. Avery, Eugene F. Hunt, Field Memorial 
Samuel H. Clary, Henry W. Billings and Arthur P. Dela- porated.""^^'^' 
barre, and their successors, are hereby made a corpora- 
tion by the name of the Field Memorial Library, for the 
formation and maintenance of a free public library, with 
or without a reading room, in the town of Conway ; with 
all the powers and privileges and subject to all the duties 
and liabilities set forth in all general laws now or hereafter 
in force relating to such corporations. 

Section 2. Said corporation may hold real and per- May how reai 
sonal estate to the amount of two hundred thousand dol- estate!'^^°°^ 
lars, for the purposes aforesaid, in addition to books and 
objects of curiosity and art. 

Section 3. The corporation shall consist of five mem- Membership, 
bers, all of whom shall be citizens of the town of Conway, 
Whenever a vacancy occurs in the number of corporators 
by death, resignation or removal from the town, the re- 
maining members shall elect some person as a candidate 
to fill such vacancy. If such election is approved by the 
judge of the probate court for the county of Franklin 
such person shall thereupon become a member of said cor- 
poration. In case the remaining members shall fail to 
elect a person to fill the office within six months from the 
time when it becomes vacant, it shall be competent for the 
judge of probate aforesaid, upon the application of any 
member of said corporation or of any inhabitant of the 



220 Acts, 1900. — Chap. 294. 

town of Conway, to fill such vacancy ; and the majority 
of the corporators may at any time, with the approval of 
the judge of probate aforesaid, remove any one of the cor- 
porators, and the vacancy thus occasioned shall be filled 
as in other cases. 
GrantB, be- Seotion 4. Said corporation may receive and hold, for 

questB, etc. , /» • i • . • 

the purposes aforesaid, any grants, giits or l>equests, m 
trust or otherwise, from Marshall Field, or from any other 
person or persons, under such rules and provisions as may 

Proviso. \jQ prescribed in such grants, gifts and bequests : provided, 

that the same are not inconsistent with the provisions of 
law or with anything contained in this act. 

By-laws and Section 5. Said Corporation may make such by-laws 

regulations. i i • . . 

and regulations for the management of the property and 
for the use of the library and anything connected there- 
with as they may deem best for carrying out the purposes 
of the library. 

Section 6. This act shall take efiect upon its passage. 

Ap2)roved May 4, 1900. 



Chap.294. 



An Act relatfve to kegistration in dentistry. 
Be it enacted, etc., as foUoivs : 
1887, 137, §4 Section 1. Section four of chapter one hundred and 

etc., amended. , I, 

thirty-seven ot the acts of the year eighteen hundred and 
eighty-seven, as amended by section one of chapter one 
hundred and eighty-seven of the acts of the year eighteen 
hundred and ninety-seven, is hereby amended by adding 
at the end thereof the words : — Every practising dentist 
shall keep his certificate of license, or in case it be lost a 
duplicate thereof, posted in some conspicuous place and 
manner so that it shall be in plain view of h\» patients, 
and every person, firm or corporation owning or carrying 
on a dental business in any office, or other room or rooms, 
shall have his or its full name exhibited in plain readable 
letters in such office, or other room or rooms, — so as to 
pertificate to be read as follows : — Section 4. All persons who shall have 
satisfactory ex- attained the age of twenty-one years, not provided for in 
section three, may appear before said board at any of its 
regular meetings and be examined with reference to their 
knowledge and skill in dentistry and dental surgery ; and 
if the examination of any such person or persons shall 
prove satisfactory to said l)oard, the lioard shall issue to 
such persons as it finds to possess the requisite qualifica- 



Acts, 1900. — Citai>. 204. 221 

tions, a cortiticate to tliat effect, in accordance with the 

provisions of this act. All certificates issued by said 

board shall be signed l)y its officers ; and such certificates 

shall be prima facie evidence of the right of the holder 

to practise dentistry in Massachusetts. Every practising certificate to be 

dentist shall keep his certificate of license, or in case it be conBp'icuouB™* 

lost a duplicate thereof, posted in some conspicuous place p''"=«>e"=- 

and manner so that it shall be in plain view of his patients, 

and ever}' person, firm or corporation owning or carrying 

on a dental business in any otEce, or other room or rooms, 

shall have his or its full name exhibited in plain readable 

letters in such office, or other room or rooms. 

Section 2. Section eight of said chapter one hundred amlnded.^^* 
and thirty-seven is hereby amended by adding at the end 
thereof the words: — Any person shall be deemed to be 
practising dentistry within the meaning of this act who 
performs any operation on, or makes examination of, with 
the purpose of performing or causing to be performed 
any operation on, the human teeth or jaws : provided, that 
the provisions of this act shall not be construed to prevent 
a licensed dentist of another state from operating at a 
pul)lic clinic under the auspices of any duly organized and 
reputable dental association, nor to prevent a student of 
a reputable chartered dental college from performing 
operations in the college infirmary, as a part of the regular 
college course, and while in the presence of and under 
the actual instruction of a registered dentist duly appointed 
to give instruction, — so as to read as follows : — Section penalty for 
8. Any person who shall falsely claim or pretend to have to'hoid a ce™'"^ 
or hold a certificate of license granted by any board or- t'^cate, etc. 
ganized under and pursuant to the provisions of this act, 
or who shall falsely and with intent to deceive the public, 
claim or pretend to be a graduate from any incorporated 
dental college, or who shall practise dentistry without ob- 
taining a certificate as provided in this act, shall be deemed 
guilty of a misdemeanor, and shall be liable to the same 
penalty as provided in section five. Any person shall be whoehaiibe 
deemed to be practising dentistry within the meaning of praetfsing 
this act who performs any operation on, or makes exami- dentistry. 
nation of, with the purpose of performing or causing to 
be performed any operation on, the human teeth or jaws : 
pr'ovided, that the provisi(ms of this act shall not be con- Proviso, 
strued to prevent a licensed dentist of another state from 
operating at a public clinic under the auspices of any duly 



222 Acts, 1900. — Chaps. 295, 296. 

organized and reputable dental association, nor to prevent 
a student of a reputable chartered dental college from per- 
forming operations in the college infirnuiry, as a part of 
the regular college course, and while in the presence of 
and under the actual instruction of a registered dentist 
duly appointed to give instruction. 

Section 3. This act shall take eiFect u})on its passage. 

Approved May 4^ 1900. 

0/^0529.295 Ax Act to establish the salary of tiik .sheriff of the county 

OF NORFOLK. 

Be it enacted, etc., a.s foUoivs : 

Mfcounty.°'' The salary of the sheritF of the county of Norfolk shall 
be eighteen hundred dollars a year, to be so allowed from 
the first day of January in the year nineteen hundred. 

Approved May 4, 1900. 

(7/?C?79.296 ^^ ^^"^ RELATIVE to MALDEN BRIDGE IN THE CITY OF BOSTON. 

Be it enacted, etc., as folloxvs : 
Construction, Section 1. Tlic board of street commissioners of the 

etc., 01 certain 

highway in city of Bostou uiav lav out, widcn and order the con- 

Boston %j \j ' 

struction of so much of the causeway and other parts 
of the highway between Maiden bridge and the boundary 
line between said city and the city of Everett, and to such 
a width as the board may determine. Such laying out 
and construction shall be done under the provisions of 
chapter three hundred and twenty-three of the acts of 
the year eighteen hundred and ninety-one and acts in 
amendment thereof, and of the other acts relating to the 
laying out and construction of highways in the city of 
Boston ; but the expenses incurred therefor shall l)e paid 
from the loan of two hundred thousand dollars authorized 
by chapter two hundred and eighty of the acts of the year 
eighteen hundred and ninety-nine for widening and re- 
buildmg Maiden bridge, and no assessment shall be made 
for such laying out and construction. 

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

Approved May 4, 1900. 



Acts, 1900. — Chaps. 297, 298. 223 



An Act to pkovidk for oi5Tainin(i a poktuait of tiik pijesent /^l^ 907 
governor of the commonweal.tii, roktraits of two ok the /'•^' 

colonial goveknoks, and portk'aits of flttl'ke governors. 

Be it enacted, etc., as folloirs : 

Section 1. For the purpose of i)rocuriiig for the Com- Portraits of the 
monwealth a portrait of its present governor, the governor FuTure go?^ 
is hereby authorized to expend, with the approval of the ernors. 
council, a sum not exceeding one thousand dollars ; and 
for the {)urpose of procuring portraits of future governors 
of the Commonwealth there shall hereafter be expended 
by the governor, with the approval of the council, a sum 
not exceeding one thousand dollars for each such portrait. 

Section 2. For the jiurpose of procuring portraits Portraits of 
of Thomas Hutchinson and ,Ioseph Dudley, colonial gov- gove^'rnorsl""*''' 
ernors, the governor, with the approval of the council, is 
hereby authorized to expend a sum not exceeding five hun- 
dred dollars for each portrait, to be paid from the appro- 
priation authorized l)y chapter eighty-nine of the resolves 
of the year eighteen hundred and ninety-nine. 

Section 3. The portraits so procured shall be hung in Portraits to be 
the state house in some suitable place to be selected by the hoSfe!" ^*'*"' 
state house commission. 

Section 4. This act shall take effect upon its passage. 

Approved May 4, 1900. 



An Act relative to passenger fares on certain morning and nhr/^-. 9C)Q 

EVENING trains ON RAILROADS ENTERING THE CITY OF BOSTON. / —--^ 

Be it enacted, etc., as foUotvs : 

Section 1. Upon the filing with the board of railroad worijingmen-s 

. . . ~~ , trains on rail- 

commissioners of a petition for workingmen's trains to be roads entering 
run by any specified railroad company whose line termi- 
nates in the city of Boston such trains shall be furnished 
by the company in such number, not less than two each 
way, as the said board may order. Such trains shall arrive 
at Boston between six and half past seven in the morning 
and between six and half past seven in the evening, every 
week day, and shall depart between the same hours. For 
such trains the company, for distances not exceeding fif- 
teen miles, shall furnish season tickets at a rate not ex- 
ceeding three dollars per mile per year, and quarterly and 
weekly tickets at a rate not exceeding one dollar per mile 
per quarter. All such tickets shall be good once a day, 



224 Acts, 1900. — Chaps. 299, 300. 

each way, for six days in the week. For such trains the 
company may provide special cars. 
When to take SECTION 2. TMs act shall take cffect OH the first day 
of July in the year nineteen hundred. 

Approved May 4, 1900. 

CllCl7)J2Q^ -^N Act relative to the jurisdiction of the superior court 

TO ASSESS DAMAGES FOR THE TAKING OF PROPERTY BY RIGHT OF 
EMINENT DOMAIN. 

Be it enacted, etc., as folloios : 
AesesBraentof Section 1. No petition DOW or hereafter pending; in 

damages for . /> i i • i^ i 

taking of prop, the superior court tor the assessment by a lury ot damages 

erty by right of , . '^ , , , r j. i • i- 

eminentdomain. sustamcd by any pcrsou by reason ot any taking ot j)rop- 
erty in the exercise of the right of eminent domain shall 
be dismissed for want of jurisdiction in said court solely 
on the ground that no previous application for the assess- 
ment of such damages had been made to a board of county 
commissioners, or that no award thereof had previously 
been made by a board of county commissioners. The 
superior court shall have jurisdiction to hear and deter- 
mine all such petitions now or hereafter filed or pending 
therein, notwithstanding the lack of such previous appli- 
cation to or award by a board of county commissioners. 
Section 2. This act shall take eftect upon its passage. 

Approved May 4, 1900. 



Chap.300 



An Act relative to the adulteration of milk. 
Be it enacted, etc., as follows : 
p. 8.57, §5 Section 1. Section five of chapter fifty-seven of the 

Public Statutes, as amended by section two of chapter 
three hundred and eighteen of the acts of the year eighteen 
hundred and eighty-six, is herel)y further amended by 
striking out the whole of said section and inserting in 
Penalty for placc thcrcof the foUowiug : — Section 5. Whoever by 
ated'miik, etc. hiuiself or by his servant or agent, or as the servant or 
agent of another person, sells, exchanges, or delivers, or 
has in his custody or possession with int.eut to •'^ell or ex- 
change, or exposes or offers for sale or exchange, adulter- 
ated milk, or milk to which water or any foreign substance 
has been added, or milk produced from cows fed on the 
refuse of distilleries, or from sick or diseased cows, or, 
as pure milk, milk from which the cream or any part 
thereof has been removed, shall for a first offence be 
punished by fine of not less than fifty nor more than two 



Acts, 1900. — Chaps. 301, 302. 225 

hundred dollars ; for a second offence by fine of not less 
than one hundred nor more than three hundred dollars ; 
and for a subsequent offence by fine of fifty dollars and by 
imprisonment in the house of correction for not less than 
sixt}' nor more than ninety days. 

Section 2. Section six of chapter fifty-seven of the p. 8.57, §6, 
Public Statutes is hereby amended by striking out the ''™*'°''''''- 
whole of said section and inserting in place thereof 
the followins: : — Section 6. Whoever by himself or by Penalty for seii. 

1 • iuR etc. milk 

his servant or agent, or as the servant or agent of any not'ofgood 
other person, sells, exchanges, or delivers, or has in his quam/.'^ 
custody or possession with intent to sell or exchange milk 
not of good standard quality, shall for a first offence be 
punished by fine not exceeding fifty dollars ; for a second 
offence by fine of not less than one hundred dollars nor 
more than two hundred dollars ; and for a subsequent 
offence by fine of fifty dollars and by imprisonment in the 
house of correction for not less than sixty nor more than 
ninety days. Approved May 8, 1900. 

Ax Act to revive axd extend the charter of the baknstable r^hf^q^ QA-i 

COUNTY STREET RAILWAY COMPANY. ^ 

Be it enacted, etc., as foUoios : 

Section 1. So much of chapter four hundred and Barn'tawl 
sixty-eio^ht of the acts of the year eiohteen hundred and County street 

, » , -t. iiniiwav Com- 

ninety-six as became void on the first day of October m pany revived, 
the year eighteen hundred and ninety-nine by force of the 
provisions of section eight thereof, as amended by chapter 
two hundred and twenty of the acts of the year eighteen 
hundred and ninety-eight, is hereby revived ; but the 
provisions of this act shall become void, so far as relates 
to the rights of the Barnstable County Street Railway 
Company, if it shall not have constructed and put in 
operation at least five miles of its railway prior to the first 
day of October in the year nineteen hundred. 

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

Ajjproved May 8, 1900. 

An Act relative to the taking of scallops in the waters (7Aai9.302 

OF THE TOWN OF MATTAPOISETT. 

Be it enacted, etc., as follows : 

Section 1. The selectmen of the town of Mattapoisett Taking of 

, .J . •,. , J 1 n n J. scallops in the 

may grant permits in writing to take scallops irom waters waters of ihe 
within the limits of the town, in such quantities, at such p^oisetfr^u"*' 

lated. 



226 



Acts, 1900. — Chap. 302. 



Not to be taken 
without permit 
iu certain cases, 



Penalty. 



Certain provi- 
sions of law, 
etc., not 
affected. 



Certain rights 
of inhabitants 
of Marion and 
Rochester not 
affected. 



Jurisdiction of 
offences. 



time or times within one year, by such methods, and under 
such regulations, as may be expressed in their permit, and 
they may charge and receive therefor, in behalf of and 
for the use of the town, such sums as they may deem 
proper. But every inhabitant of the state may without 
such permit take scallops from the waters of the town for 
the use of his family from the first day of October to the 
first day of April, in quantity not exceeding in any week 
three bushels, including the shells. 

Section 2. No person shall take any scallops from the 
waters of said town without a written permit from the 
selectmen thereof, except as provided in the preceding 
section. 

Section 3 . Whoever violates any provision of this act 
shall be punished by a fine of not less than twenty nor 
more than one hundred dollars, or by imprisonment iu the 
house of correction for not less than thirty days nor more 
than six months, or by both such fine and imprisonment. 
One half of the fine shall be paid to the complainant and 
the other half to the county within which the ofience was 
committed. 

Section 4. Nothing in this act shall be construed to 
aflfect any act relating to oyster fishery, or to impair the 
private rights of any person, or in any way to limit or 
affect the provisions of law for the protection of fisheries 
other than scallop fisheries, or to permit the taking of 
scallops upon any oyster grounds or beds other than 
public grounds or beds. 

Section 5. Nothing in this act shall he construed to 
require an inhabitant of Marion or of Rochester to obtain 
a permit from the selectmen of the town of Mattapoisett 
for the taking of shellfish or scale fish on the shores or 
flats, or in the waters within the town of Mattapoisett ; 
and inhabitants of Marion or Rochester may take shell- 
fish or scale fish on said shores and flats, and in said 
waters, by obtaining a permit from the selectmen of their 
respective towns, and by paying therefor to their respec- 
tive towns the same price which is paid by the inhabitants 
of the town of INIattapoisett to the selectmen of that town 
for similar permits. 

Section 6. District courts and trial justices shall have 
concurrent jurisdiction with the superior court of all 
offences under this act. Ajyproved May S, 1900. 



Acts, 1900. — Chap. 303. 227 



An Act to incorporate the loweix, acton and mayn"Akd street nTtfU) 303 

RAILWAY COMPANY. 

Be it enacted., etc., as folloics: 

Section 1. Charles B. Stone, Oliver W. Mead, George Loweii, Acton 
C. Wright, Paul F. Litchfield, Julius Loewe, Orrin S. 8?L^"S'way 
Fowler, Cyrus G. Dole, Erving V. Swetzer and Walter S'rpomted."' 
S. Watson, their associates and successors, are hereby 
made a corporation under the name of the Lowell, Acton 
and Maynard Street Kailway Company, with all the powers 
and privileges and subject to all the duties, liabilities and 
restrictions set forth in all general laws now or hereafter 
in force relating to street railway companies* 

Section 2. Said company may locate, construct, main- May construct, 
tain and operate its railway, with a single or double track, fn'^cenaiL'"''"*^ 
in such manner as may be convenient, in part upon private *<*'^"^- 
land acquired by purchase or lease, and upon streets, high- 
ways or state roads in the towns of Maynard, Acton, West- 
ford, Carlisle and Chelmsford, subject to the approval and 
control of the selectmen of said towns, respectively, as pro- 
vided by general laws, and subject also to the approval 
of the Massachusetts highway commission as to any part 
of said railway located upon a state highway. The loca- Location. 
tion of said railway outside the public streets and highways 
shall not exceed fifty feet in width, with convenient turn- 
outs and switches. 

Section 3. Said company may maintain and operate Motive power, 
its railway by any motive power other than steam, may ^"'' 
erect and maintain poles and wires on private lands pur- 
chased or leased for the purposes of said railway, and, 
with the consent of the boards of selectmen of the towns 
of Maynard, Acton, Westford, Carlisle and Chelmsford, 
may erect within said towns such poles and wires in the 
streets and highways as may be necessary to establish and 
maintain such motive power. The company may acquire May acquire 
by purchase or lease all necessary real estate and water estXre'tc."''' 
power for its power stations and other purposes incidental 
to the proper maintenance and operation of its railway. 

Section 4. The capital stock of the company shall not capital Btock. 
exceed one hundred thousand dollars : provided, that the Proviso. 
company may increase its capital stock, subject to the pro- 
visions of the general laws relative to such increase. 

Section 5. Said company, in order to meet expenses May issue mort. 
incurred under this act or by its authority, may issue |fcf °° *' 



228 



Acts, 1900. — Chap. 304. 



bonds payable within periods not exceeding twenty years 
from the dates thereof, secured by mortgage of its fran- 
chise and property, in such amount as the board of rail- 
road commissioners may approve, and subject to the 
general laws relative thereto ; and in such mortgage may 
reserve to its directors the right to sell or otherwise in 
due course of business to dispose of property included 
therein which may become unsuitable for use, provided 
an equivalent in value is substituted therefor. 
^mmon "carrier Section 6. Said compauy is hereby authorized to use 
of merchandise, its tracks for the transportation of passengers and their 
baggage, to be a common carrier of small parcels of goods 
and merchandise, and to carry mails upon any street or 
highway, or over any private land upon which it may be 
Provisos. authorized to construct its tracks as aforesaid : provided, 

however, that said company shall not so act in any town 
until authorized to do so by the selectmen of the town ; 
'^.nA provided, furlJier, that said company shall in carrying 
baggage and small parcels be subject to such by-laws and 
regulations as may from time to time be made by such 
towns ; 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 7. The authority hereby granted shall cease 
if four miles of the proposed railway are not constructed 
and put in operation prior to the first day of November 
in the year nineteen hundred and two and if said railway 
is not constructed and in operation in each of the towns 
herein named within four years of the granting of the 
locations by the proper authorities. 

Section 8. This act shall take effect upon its passage. 

Ajyproved May 8, 1900. 



Authority to 
cease under 
certain condi 
tions. 



CAap.304 



Certain sum to 
be paid annually 
to the Essex 
County Law 
Library Associ- 
ation. 



When to talse 
effect. 



An Act relative to the essex county law library associa- 
tion. 
Be it enacted, etc., asfolloivs: 

Section 1. The treasurer of the county of Essex shall 
pay annually to the Essex County Law Library Associa- 
tion, in addition to the sums already authorized by law, 
the sum of one thousand dollars, to be used in maintain- 
ing and enlarging the library of said association at Salem. 

Section 2. This act shall take effect on the first day 
of January in the year nineteen hundred and one. 

Ap2:>roved May S, 1900, 



Acts, 1900. — Chap. 305. 229 



An Act to authorize the city oi' pittsfield to incur apdi- Qfidfy 3()5 

TIOXAU IXnEBTEDXESS FOR THE IMPROVEMENT OF ITS WATER 
"WORKS. 

Be it enacted, etc., asfolloivs: 

Sectiox 1. Section four of chapter one hundred and etc^'a^^e'nde'd 
ei^lity-rive of the acts of the year eiuhteen hundred and 
ninety-two, as amended by chapter ninety-one of the acts 
of the year eighteen hundred and ninety-four, as amended 
by section one of chapter one hundred and fourteen of tlie 
acts of the year eighteen hundred and ninety-six, is hereby 
further amended by striking out the word "two", in the 
eiffhtli line, and inserting in place thereof the word : — 
tlii-ee, — so as to read as follows : — Section 4. Tiie said EL*l'„';l^ctTr'' 
city may, for the purpose of paying the necessary expenses i^^^- 
and liabilities incurred under the provisions of this act, and 
for the purpose of paying the necessary expenses and liabili- 
ties to 1)6 incurred in other extensions and improvements 
of the water works of said city, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate three hundred thousand dollars. Such bonds, 
notes or scrip shall bear on the face thereof the words, 
Pittsfield Water Loan, Act of 1892, shall be payable at 
the expiration of periods not exceeding thirty years from 
the date of issue, and shall bear interest payable semi- 
annually at a rate not exceeding six per cent per annum. 
Said city shall provide for the payment upon account of 
the principal sum incurred for the construction and main- 
tenance of its water works, not less than the sum of four 
thousand dollars in each and every year next after the 
first day of April in the year eighteen hundred and ninety- 
three, in addition to the sums now required to be paid 
thereon each year by said city by the provisions of section 
three of chapter three hundred and forty of the acts of the 
year eighteen hundred and eighty-five, until all of said 
debt, both principal and interest, is fully paid and extin- 
guished. The said city may authorize temporary loans to Temporary 
be made by its mayor and treasurer in anticipation of the authorized. 
issue of bonds, notes and scrip hereby authorized, or in 
anticipation of the payments to be made. 

Section 2 The city council of the city of Pittsfield P^/^™e°t "f 
may by vote determine that the ])rinci})al and interest of 
any bonds issued under the provisions of this act shall be 



230 



Acts, 1900.^ Chaps. 306, 307. 



payable in gold coin of the United States of the present 
standard of Aveight and fineness. 

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

Approved May 8, 1900. 



Chap.SOQ ^^ ^CT RELATrVE TO THE PENSIONING OF MEMBERS OF THE 
POLICE DEPARTMENT OF THE CITY OF BOSTON. 



Certain mem- 
bers of police 
department of 
Boston may be 
pensioned, etc. 



Amount of 
pension to be 
allowed. 



May be called 
upon for tem- 
porary service. 



To be in addi- 
tion to certain 
acts. 



When to take 
effect. 



Be it enacted, etc., as follows: 

Section 1 . The board of police for the city of Boston 
shall, at his own request, retire from active service and 
place upon a pension roll any member of the police de- 
partment in good standing who has arrived at the age of 
sixty years and who has performed active service in the 
department for twenty-five consecutive years. 

Section 2. The amount of the annual pension allowed 
to any person retired under the provisions of this act shall 
be one half of the yearly compensation received by him 
at the time of his retirement, the same to be paid by the 
city of Boston. 

Section 3. The board of police is hereby authorized, 
in case of an emergency, to call upon any person so pen- 
sioned for such temporary service in the department as 
he may be fitted to perform, and during such service he 
shall be entitled to full pay. 

Section 4. The provisions of this act are in addition 
to and not in repeal of any act now in force relative to 
pensioning members of the said force. 

Section 5. This act shall take efl'ect upon its accept- 
ance by the city council of the city of Boston. 

Approved 3Iay 8, 1900. 



Chap.SOl 



1898, 548, § 28 
amended. 



Treasurers 
of political com- 
mittees to cer- 
tify certain fact. 



An Act relative to corrupt practices in elections. 
Be it enacted, etc., as folloivs : 

Section 1. Section two hundred and eighty-nine of 
chapter five 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 words : — In case the 
aggregate receipts or disbursements of a political com- 
mittee in connection with any election shall not exceed 
twenty dollars the treasurer of the committee shall, within 
thirty days after the election, certify that fact under oath 
to the secretary of the Commonwealth. 

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

Approved May 8, 1900. 



Acts, 1900. — Chaps. 308, 309. 231 

Chap.SOS 



An Act to authorize the east uoston dry dock company 
to extend its marine liailways beyond the hakuor line 
at east boston. 

Be it enacted, etc. , as follows : 

Section 1, The East Boston Dry Dock Company is Marine railways 
hereby authorized to extend, maintain and operate its tende'd^beyond 
marine railways for a distance not exceeding seventy -five harbor une, etc. 
feet beyond the harbor line at East Boston, subject to the 
provisions of chapter nineteen of the Public Statutes : j^ro- proviso. 
vided, that any structure erected under authority of this 
act shall be removed by said company, its successors or 
assigns, at any time, on the order of the board of harbor 
and land commissioners, and that said company shall not 
be entitled to any compensation by reason of any injury 
or expense occasioned by such removal. 

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

Axyproved May 8, 1900. 



ChajJ.SOQ 



An Act to provide for the survey and improvement of 
harbors and for repairing damages occasioned by storms 
along the coast line or river banks of the commonwealth. 

Se it enacted, etc., as foUozvs : 

Section 1. The board of harbor and land commis- survey and im. 
sioners is hereby authorized to expend at its discretion hlrbow^'ac"^ 
a sum not exceeding twenty-five thousand dollars, for the 
survey and improvement of harbors and for repairing dam- 
ages occasioned by storms or other destructive agencies 
along the coast line or river banks of the Commonwealth ; 
fifteen thousand dollars of this sum to be expended in 
dredging Boston harbor at a point opposite the Hoosac 
Tunnel docks. 

Section 2. Said board may take, by purchase or Necessary land 
otherwise, in the name and behalf of the Commonwealth, may bTteken, 
any land or materials necessary for making such improve- ®'°- 
ments or repairs. The manner of such taking and of de- 
termining the damages caused thereby, or l)y any doings 
of said board under the provisions of this act, shall be 
the same as is provided by sections seven and eight of 
chapter four hundred and seven of the acts of the year 
eighteen hundred and ninety-three, relating to the taking 
of land by the metropolitan park commission ; and said 
board shall for the purposes of this act have the powers 
conferred upon the metropolitan park commission by said 



232 



Acts, 1900. — Chap. 310. 



Contracts to be 
approved by 
governor and 
council. 



sections. The damages when finally determined shall be 
paid from the treasury of the Commonwealth to the per- 
son or persons entitled thereto. 

Section 3. No contract made under authority of this 
act shall be valid until approved in writing by the gov- 
ernor and council. 

Section 4. This act shall take effect upon its passage. 

Approved May 9, 1900. 



C7A«7).310 ^^ ^'^'^ '^^ PROVIDE FOR THE PROTECTION OF SHELLFISH IN THE 

TOW^NS OF SWANSEA AND SOMERSET. 



of 



Taking, etc 
slielltish in 
Swansea and 
Somerset regii 
lated. 



Permits may be 
given, etc. 



Certain rights 
of inhabitants, 
etc., not 
affected, etc. 



Little neck 
clams or qua- 
haugs under 
certain size not 
to be taken. 

Penalty. 



Jurisdiction 
of offences. 



Certain provi- 
sions of law not 
to apply. 



Be it enacted, etc., as follows : 

Section 1. No person shall take any shellfish from 
their beds, or wilfully obstruct the growth of any shell- 
fish, within the towns of Swansea and Somerset, except 
as hereinafter provided. 

Section 2. The selectmen of either of said towns may 
give permits in writing to any person to take shellfish from 
the beds within said towns, respectively, at such times, 
in such quantities and for such uses, as they shall deem 
expedient. Said selectmen may withhold all such per- 
mits for such time as they deem expedient. But any 
inhabitant of said towns may without such permit take 
shellfish from the beds in the town of which he is an 
inhabitant, for the use of his family, not exceeding in 
quantity one bushel, including shells, in any one day ; 
and any fisherman may without such permit take shellfish 
from the said beds for bait for his own use, not exceeding 
in quantity one bushel, including shells, in any one day. 
Shovels shall not be used at any time below low water 
mark. Forks may be used by permit from the selectmen, 
but not otherwise. 

Section 3. No little neck clams or quahaugs less than 
one and one half inches across the widest part shall be 
taken from their beds in either of said towns. 

Section 4. Whoever violates any provision of this 
act shall be punished by a fine of not less than ten nor 
more than one hundred dollars. 

Section 5. District courts and trial justices shall have 
concurrent jurisdiction with the superior court of all 
ofiences under this act. 

Section 6. So much of sections sixty-eight and sixty- 
nine of chapter ninety-one of the Public Statutes as con- 
flicts herewith shall not apply to the said towns of Swansea 
and Somerset. Approved Man ^i 1900. 



Acts, 1900. — Chaps. 311, 312. 233 



An Act to AUTnomzE tiif. rkpoktikg of matters fok deter- njinj) 31 1 

MINATIOX BY THE SUPREME JUDICIAL COURT IN CERTAIN CASES. 

Be it enacted, etc., as follows : 

If upon makinof any interlocutoiy finding or order in Reporting of 
the supreme judicial court or in the superior court the termtuHtion by 
justice making such finding or order is of opinion that the ci'aTco^rt'au-" 
matter oug-ht to he determined by the full court before thprized in cer- 

,. , ' T 1 1 • 1 • I ''*'" cases. 

turtuer proceedings are had in the trial court, he may re- 
port the case for that purpose and stay all further pro- 
ceedings except such as are necessary to preserve the rights 
of the parties. Approved May 10, 1900. 



Ckap.312 



Ax Act relatfv'e to the display of lights upon bicycles 
Be it enacted, etc., as follows : 

Section 1. Section two of chapter four hundred and 1894. 4"9, §2, 

,. ,, , f ^ •! iTii aruended. 

seventy-nine ot the acts ot the year eighteen hundred and 
ninety-four is hereby amended l)y adding at the end 
thereof the following : — except that said commissioners, 
board or department, shall have no power to make regula- 
tions requiring the display of a lamp or lantern upon a 
bicycle ; and any such regulation heretofore made shall 
be of no force or effect, — so as to read as follows : — 
Section 2. The term "sidewalk", as used in this act, Certain terms 
shall mean any sidewalk laid out as such by a city, town '^®*^°®'^- 
or fire district, and any walk in a city or village which is 
reserved by custom for the use of pedestrians, or which 
has been specially prepared for their use. It shall not 
include cross walks, nor shall it include footpaths on 
portions of public ways lying outside of the thickly 
settled parts of cities and towns which are worn only by 
travel and are not improved by such cities or towns or by 
abutters. The terms " bicycle ", and " tricycle ", as used 
in this act, shall be deemed to include all vehicles pro- 
pelled by the person riding the same by foot or hand 
power. The terms "park", and "square", as used in certain powers 
this act, shall not include any spaces under the control of boa°d"s™etcT°*' 
park commissioners, or of a park board or a special park ""' ''^"'^s^'^- 
department of a town or city having power to make reg- 
ulations relative to such spaces, and this act shall not in 
any way abridge the powers of such commissioners, board 
or department ; except that said commissioners, board or 
department, shall have no power to make regulations re- 
quiring the display of a lamp or lantern upon a bicycle ; 



234 



Acts, 1900. — Chap. 313. 



and any such regulation heretofore made shall be of no 
force or effect. 

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

Ajyproved May 16, 1900. 



CAa79.313 -^^ ^^'^ '^^ EXTEND THE TIME FOR TAKING LAND FOR A PUBLIC 

PARK IN THE CITY OF SOMERVILLE. 



1898, 253, § 1, 
amended. 



Be it enacted, etc., as follows : 

Section 1. Section one of chapter two hundred and 
tifty-three of the acts of the year eighteen hundred and 
ninety-eight is hereby amended by striking out the words 
" within three years after the passage of this act ", in the 
second and third lines, and inserting in place thereof the 
words : — before the first day of January in the year nine- 
teen hundred and five, — and by striking out the words 
"city council", in the two places where those words 
occur, and inserting in each instance in place thereof the 
words : — l)oard of aldermen, — so as to read as follows : 
City of somer- — Scciion 1. The city of Soraerville, by its board of 
certain land for aldermen may at any time before the first day of January 
a^pubicpar , |^ ^j^^ year nineteen hundred and five take from time to 
time, by gift, upon such conditions as said board of alder- 
men may deem advisal>le, or by purchase or otherwise, 
and hold in fee or otherwise and maintain for the purpose 
of a public park, the land or any portion or portions 
thereof situated in said city and bounded as follows : — 
Northeasterly by Munroe street, seven hundred and eighty 
and sixteen one hundredths feet ; southeasterly by land 
now or formerly of Charles H. North, one hundred and 
thirty-nine and five one hundredths feet ; southwesterly 
seven hundred and forty-nine feet by certain parcels of 
land l)elonging respectively in the order named and begin- 
ning with the most easterly of said parcels, now or for- 
merly to Mary C. Clark, Francis S. Brown and Charles 
Wood, Herbert E. Gustin, Julia L. Gustin, Artemus C. 
Richardson, William C. Richardson, Artemus C. Richard- 
son, Philip Eberle, John W. Vinal, Louise M. and George 
C. Ellis, Belvin T. Williston, heirs of AVilliam C. High, 
Mary F. Brooks, Catherine Lord ; northwesterly by land 
now or formerly of Elbridge G. Park one .hundred and 
thirty-two feet, and containing about two and five one 
hundredths acres. 
amended ^^' Section 2. Scctiou four of Said chapter is hereby 

amended by striking out the words " each branch of the 



Acts, 1900. — Chap. 314 235 

city council", in the tliird line, and inserting in place 
thereof the words: — the board of aldermen, — so as to 
read as follows: — Section 4. No money shall be appro- Appropriations. 
priated at any time for the taking or purchasing of said 
land, except by a two thirds vote of the board of alder- 
men, taken by yeas and nays. 

Section 3. Section live of said chapter is hereby isss. 253, §5 
amended by striking out the words " city council", in the '""''° 
two places where those words occur, and inserting in each 
instance in place thereof the words : — board of aldermen, 
— by striking out the words " within two years after the 
work of laying out and constructing said park is com- 
pleted ", in the first and second lines, and inserting in 
place thereof the words : — before the first day of January 
in the 3'ear nineteen hundred and live, — and by inserting 
at the end of said section the words : — except as to the 
time of making the same as above provided, — so as to 
read as follows : — Section 5. At any time before the tirst AeseBsmentB of 
day of January in the year nineteen hundred and five the 
board of aldermen shall have the same authority to deter- 
mine the value of and to assess upon real estate the 
amount of betterments accruing to said real estate by the 
tiiking of land and the locating, laying out and construc- 
tion of a park under this act that is conferred by chapter 
fifty-one of the Public Statutes upon boards of city or 
town officers authorized to lay out streets or ways, and 
the provisions of the first eight sections of said chapter 
shall apply to such assessments by said board of alder- 
men, except as to the time of making the same as above 
provided, 

Sectiox 4. This act shall be submitted to the board ^^'^^^ **" ^^""^ 
of aldermen of said city within sixty days after its passage, 
and shall take eftect upon its acceptance by a majority vote 
of the said board taken by yeas and nays. 

Approved May 16, 1900. 



Chap.314: 



An Act to authorize the palmer and monson street kail- 
"w^ay company to carry the united states mail, and to 
act as a common carrier of baggage and small parcels 
of merchandise. 

Be it enacted, etc., as follows: 

Section 1. The Palmer and Monson Street Railway May act as a 

^-^ , . I, -, J common carrier 

Company may act as a common earner 01 baggage ana of merchaudiee, 
small parcels of merchandise, and may also carry the ®**^' 



236 Acts, 1900. — Chaps. 315, 316. 

United States mail in the towns of Palmer and Monson : 
Provisos. prouided, however^ that said company shall not so act in 

either of said towns until authorized so to do by the 
selectmen of the town; and provided^ further, that said 
company shall in carrying baggage and small parcels be 
subject to such by-laws as may from time to time be made 
by said towns ; and shall also be subject to the provisions 
of chapter seventy -three of the Public Statutes and of all 
other laws relating to common carriers. 

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

Approved May 16, 1900. 

Ch(lT).^\5 ^^ ^^^ ^^ AUTHORIZE THE GAKDNER, WESTMINSTER AND FITCH- 
BURG STREET RAILWAY COMPANY TO CARRY THE UNITED STATES 
MAIL, TO CARRY FUEL AND SUPPLIES FOR ITS OWN USE, AND TO 
ACT AS A COMMON CARRIER OF BAGGAGE AND SMALL PARCELS 
OF MERCHANDISE. 

Be it enacted, etc., as follows: 
May act as a Sectiom 1. The Gardner, Westminster and Fitchburg 

common earner -i-v .1 /^ • ji -^ £• -i~\-^ 1 1 

of merchandise, Street Kailway Company may in the city or l^itchburg 
and in the towns of Gardner and Westminster act as a 
common carrier of baggage and small parcels of merchan- 
dise, and may also carry the United States mail, and fuel 

Provisos. and supplies for its own use : provided, however, that 

said company shall not so act in any city or town until 
authorized so to do by the board of aldermen of the city 
or the selectmen of the town ; and provided^ further, that 
said company shall in carrying fuel and supplies for its 
own use, and in carrying baggage and small parcels of 
merchandise, be subject to such ordinances or by-laws as 
may from time to time be made by such city or town ; 
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 16, 1900. 



CJiap.'^\Q An Act to incorporate the Greenfield and deerfield street 

RAILWAY COMPANY'. 

Be it enacted, etc., as follows : 
Greenfield and SECTION 1. Johii A. Taggart, Chai'lcs H. Keith, John 
Railway Com- Slicldon, CUfton L. Field, Edward H. Hollister, Daniel 
med.*°*'°'^^° P. Abercrombie, Junior, Edward J. Everett, Alonzo M. 

Rice, Edward B. Arms, J. Edward Lamb, James B. 



Acts, 1900. — Chap. 316. 237 

Bridges, Charles W. Clapp and John K. Barker, ilieir 
associates and successors, are hereby made a corporation 
under the name of the Greenfiekl and Deerlield Street 
Kailway Company, with all the powers and pri\ileges and 
subject to all the duties, liabilities and restrictions set 
forth in all ijeneral laws now or hereafter in force relatinof 
to street railway companies. 

Sectiox 2. Said company may locate, construct, main- May construct, 
tain and operate its railway, with a single or double track, ru'^celtain''^'"'^ 
in such manner as may be convenient, in part upon private to«'"8- 
land acquired by purchase or lease, and upon streets, 
highways or state roads, in the towns of Greenfield and 
Deerfield, subject to the approval and under the control 
of the selectmen of said towns, as provided by general 
law, and subject also to the approval and consent of the 
Massachusetts highway commission as to any part of said 
railway located upon a state highway. The location of Location. 
said railway outside the public streets and highways shall 
not exceed lifty feet in width, with convenient turn-outs 
and switches. 

Section 3. Said company may maintain and operate Mouve power, 
its railway by any approved power other than steam, and ®^°' 
may erect and maintain poles and wires on private lands 
acquired by purchase or lease for the purposes of said 
railway, and, with the consent of the board of selectmen 
of Greenfield and Deei-field, respectively, may erect in 
those towns such poles and wires in the streets and high- 
ways as may be necessary to establish and maintain such 
motive power. The company may acquire by purchase May acquire 
or by lease all necessary real estate and water power for estaTe* ac.'^*^^ 
its power stations and other uses incident to the proper 
maintenance of its railway. 

Section 4. The capital stock of said company shall capital stock. 
not exceed one hundred tliousand dollars, but the com- 
pany may increase its capital stock, subject to the provi- 
sions of the general laws relative to such increase. 

Section 5. Said company, in order to meet the ex- May issue 
penses incurred under this act, may from time to time by ^i^i-tg^'se bonds, 
vote of the majority in interest of its stockholders issue 
coupon or registered bonds. All bonds issued shall first 
be approved by some person appointed by the corporation 
for that purpose, who shall certify upon each bond that it 
is properly issued and recorded. Such bonds shall be 
secured by a mortgage of the franchise and property of 
the company, subject to the general laws relative thereto ; 



238 Acts, 1900. — Chap. 317. 

and in such mortgage the company may reserve to its 
directors the right to sell or otherwise in due course of 
business to dispose of property included therein which 
may become unsuitable for use by the company, provided 
an equivalent in value is substituted therefor. 
Issue of stock Section 6. No stock or bonds shall be issued under 

or DondB to be -ii /•!• i i-i 

approved by tliis act until the tcrms of such issue have been submitted 

railroad com- , ,1 i i i. -i i • • 1 i 1 

misBioners, etc. to the lioai'd 01 railroad commissioners and approved by 
them, and if they approve such issue a certiticate setting 
forth such approval shall be executed by the board and 
filed by said company in the office of the secretary of the 
Comm(m wealth. 
U)°be'in ope7r' Section 7. The authority herein granted shall cease 
tion within unlcss three miles of the proposed road has been built 

three years. . , , 1 1 /> , i /• 1 

and put in operation at the end oi three years irom the 
passage of this act. 

Section 8. This act shall take effect upon its passage. 

Approved May 16, 1900. 

OhClX) 317 "^^ -^^^ ^^ REGULATE THE PRACTICE OF PHARMACY. 

Be it enacted, etc., as follows : 
1896, 397, § 18, Scctioii eio;hteen of chapter three hundred and ninety- 
seven of the acts of the year eighteen hundred and ninety- 
six is hereby amended by striking out the words "by 
himself or his agent or servant, unless such agent or ser- 
vant is so registered", in the second and third lines, and 
by adding at the end of said section the words : — In cases 
where a registered pharmacist has died or become inca- 
pacitated his business may be continued by his widow, 
executor or administrator, under a registered pharmacist, 
Penalty for sale, — SO as to rcad as follows : — Section 18. Whoever not 
etc!; by pe"rf ous bciug registered as aforesaid shall retail, compound for 
not registered, gj^j^ ^j, dispcusc for medicinal purposes, or shall keep or 
expose for sale, drugs, medicines, chemicals or poisons, 
except as provided in section twenty-three of this act, 
shall be punished by a fine not exceeding fifty dollars. 
But nothing in this act shall be construed to prohibit the 
employment of apprentices or assistants under the per- 
Businesamay soual supci'vision of a registered pharmacist. In cases 
^idow,'et"!,''in^ where a registered pharmacist has died or 1)ecome inca- 
certain cases, pacitatcd his busincss may be continued by his widow, 
executor or administrator, under a registered pharmacist. 

Ajw^ved May 16, 1900. 



Acts, 1900. — Chaps. 318, 310. 239 



An Act to require railroad companies to transport the QJiap.HIS 

BICYCLES OF PASSENGERS AS BAGGAGE. 

Be it enacted, etc., asfolloios: 

Section 1. For the purposes of this act bicycles are Bicycles to be 
hereby declared to be baggage, and every railroad com- bTggTg^e/ 
pany owning or operating a railroad of standard gauge 
in this Commonwealth is hereby required to check and 
transport bicycles between stations within the h'mits of 
the Commonwealth for any passenger, subject to the same 
and no other charges, terms and liabilities as other bag- 
gage : jn'ovided, that this act shall apply only when the proviso. 
passenger pays by mileage book, or by ticket other than 
a season ticket, or in cash, the established fare of not less 
than ten cents, exclusive of any rebate. 

Sectiox 2. No railroad company shall be required to weight to be 
transport in accordance with the provisions of this act weight of "bag'.'' 
more than one bicycle for a single passenger ; and the ^'*^^> ^'''• 
weight of the bicycle shall be included in estimating the 
total weight of baggage for which transportation is desired. 

Sections. No passenger shall be required to crate. Not required t< 

X o J- Qg cruiGQ etc. 

cover or otherwise protect any bicycle presented for 
transportation as baggage. Approved May 16, 1900. 

An Act to provide rooms in the city of boston in which (7^^7).,319 

TO hold the probate court of NORFOLK COUNTY IN CERTAIN 

CASES. 

Be it enacted, etc., asfoUov's: 

Section 1, The county commissioners of the county Rooms may be 
of Norfolk are hereby authorized to provide, furnish and Bo°sto!f foV° 
maintain a suitable room or suitable rooms and accom- coin'omorfoik 
modations in the city of Boston for the use of the probate l^-'^H^^^^"^'^' 
court of Norfolk county, for the hearing and trial of such 
contested cases in said court as the parties thereto or their 
counsel may desire to have heard and tried in the city of 
Boston. 

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

Approved May 16, 1900. 



240 Acts, 1900.^ Chaps. 320, 321. 



Chcij).320 An Act to define the authority of the board of park com- 
missioners OF THE CITY OF BOSTON AS TO THE CHESTNUT HILL 
RESERVOIR GROUNDS. 

Be it enacted, etc., as follows: 

fions^'l" ^aw^not Section 1. The provisions of chapter two hundred and 
to apply to seventy-four of the acts of the year eighteen hundred and 

Evergreen cem- . -' , in i ii -r< 

etery, etc. ninetj-nine shaJl not be construed as applying to Ever- 
green cemetery, nor as giving to the board of park com- 
missioners of the city of Boston the custody, care or 
control of any lands owned by the city of Boston within 
the boundaries specified in the first section of said chapter 
and used for the purposes of a cemetery, nor as giving to 
said board the power to take for park purposes any such 
lands now or hereafter used for cemetery purposes. 

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

Ap2}roved May 16, 1900. 

(JJian.32i\ -^^ ^^T relative to first and second CLASS BUILDINGS IN THE 

CITY OF BOSTON. 

Be it enacted, etc., as follows : 

1892,419, §24 Section 1. Scction twcuty-four of cliaptcr four hun- 

dred and nineteen of the acts of the year eighteen hundred 
and ninety-two, as heretofore amended, is hereby further 
amended by striking out the whole of said section and 

da^s buudtngs*^ inserting in place thereof the following : — Section 24. 

in Boston. Evciy buildiug in the city of Boston hereafter erected or 
raised to over seventy feet in height, or erected within the 
building limits of said city as a permanent schoolhouse, 
shall be a first class building. Every building in said city 
hereafter erected, enlarged or converted to use as a hotel 
or lodging house, or as a tenement house for more than 
two families above the second story, shall be a first class 
building ; and every building of not more than four stories 
above the cellar or basement, and not more than fiftj' feet 
in height, in said city, hereafter erected, enlarged or con- 
verted to use as a tenement house for two families or less 
above the second story, may be a second class building, 
but shall be plastered on incombustible materials from wall 
to wall and from floor to ceiling in each story. 

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

Approved May 16, 1900. 



Acts, 1900. — Chaps. 322, 323. 241 



An Act to ArTiioinzK the interstate coNSOLinATEU street (^jf^j^ QOO 

KAILWAY COMPANY' TO CAUUY THE UNITED STATES MAIL, HAG- "^ 

GAGE AND SMALL PARCELS OF MERCHANDISE. 

Be it enacted, etc., as foUoics : 

Section 1. The Interstate Consolidated Street Rail- May act as a 

, . common earner 

way Com[)any is hereby authorized to act as a common of merchandise, 
carrier of baggage and small parcels of merchandise, and 
to carry the United States mail : provided, lioivever, that Proviaos. 
said company shall not so act in any town until author- 
ized so to do by the selectmen of such town ; and 
2))'0vided, further, that said company shall in carrying 
baggage and small parcels be subject to such by-laws as 
may from time to time be made by 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 
common carriers. 

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

Approved May 16, 1900. 



An Act to revise the charter of the city of Gloucester. Qhajj 323 
Be it enacted, etc., as foUotvs : 

Title One. 
municipal government. 
Section 1. The inhabitants of the city of Gloucester, city of 

i> II /• 1 • 1 i 1 -J.* u 1 • Gloucester. 

tor all purposes for which towns and cities are by law in- 
corporated in this Commonwealth, shall continue to be a 
body politic and corporate, under the name of the City of 
Gloucester, and as such shall have, e.xercise and enjoy all 
the rights, immunities, powers and privileges, and shall 
be subject to all the duties and obligations, now pertain- 
ing to and incumbent upon the said city as a municipal 
corporation. 

Section 2. The administration of all the fiscal, pru- AdminiBtration 
dential and municipal affairs of the said city, with the affa"r"fl°'etc? 
government thereof, shall be vested in an executive de- 
partment, which shall consist of one officer, to be called 
the mayor, and a legislative department, which shall con- 
sist of a single body, to be culled the city council, the 
members thereof to be called councilmen. The executive 
department shall never exercise any legislative power, and 



242 



Acts, 1900. — Chap. 323. 



the legislative department shall never exercise any execu- 
tive power, except as hereinafter provided. 
Eight wards. Section 3. The territory of the city shall be divided 

into eight wards, as at present constituted, until the same 
shall be changed in accordance with law. 

Title Two. 



Calling of 
elections. 



Municipal elec- 
tion and munic- 
ipal year. 



Election of 
mayor, council- 
men, etc. 



Vacancy in 
office of mayor 
or president of 
city council. 



Vacancy in 
office 01 ward 
councilman. 



ELECTIONS AND MEETINGS. 

Section 4. All elections for national, state, county, 
district and municipal officers, and for other purposes, 
shall be called by order of the city council, according to 
the provisions of the general laws of the Commonwealth. 

Section 5. The annual municipal election shall be 
held on the first Tuesday in December, and the municipal 
year shall begin at ten o'clock in the forenoon on the first 
Monday of January next following. 

Section 6. At such municipal election the qualified 
voters shall give in their votes in the several wards for 
mayor, president of the city council, council men at large, 
school committee, commissioners of public works, and 
assessors, or such of them as are to be elected by and 
from the qualified voters of the city at large as provided 
in this act, and three councilmen and one assistant assessor 
from each ward, to be elected by and from the qualified 
voters in each ward respectively, and the person receiving 
the highest number of votes for any office shall be deemed 
and declared to be elected to such office ; and whenever 
two or more persons are to be elected to the same office 
the several persons up to the number required to be chosen 
receiving; the hiijhest number of votes shall be deemed and 
declared elected. If it shall appear that there is no choice 
of mayor, or of a president of the city council, or if the 
person elected mayor or president of the city council shall 
refuse to accept office, or shall die before qualifying, or 
if a vacancy in either of said offices shall occur more than 
three months before the expiration of the municipal year, 
the city council shall forthwith order a special election, 
and the same proceedings shall be had in all respects as 
are hereinbefore provided for the election of mayor and 
president of the city council, and shall be repeated until 
the election of the mayor or the president of the city 
council is completed. If the full luimber of councilmen 
from wards has not been elected, or if a vacancy in the 



Acts, 1900. — Chap. 323. 243 

office of ward councilman shall occur more than three 
months liefore the exjuration of the municipal year, the 
city council shall forthwith order a special election to be 
held in the ward to fill the vacancy. 

Sectiox 7. General meetings of the inhabitants may General meet. 
from time to time be held according to the right secured lanu?^ '"^^'''" 
to the people by the constitution of this Commonwealth, 
and such meetings may, and, upon request in writing of 
fifty qualified voters setting forth the purposes thereof, 
shall be duly called by the city council. 

Title Three, 
the legislative department. 

Section 8. The city council shall be composed of nine city council, 
councilmen at large and twenty-four ward councilmen, who etc!'*°"' ^^'^™''' 
shall sit and act as one legislative body. They shall be 
elected as follows : — The nine councilmen at large shall 
be elected by and from the qualified voters of the whole 
city, and in voting for such councilmen at large no voter 
shall vote for more than five, and the nine having the 
highest number of votes shall be declared elected ; and 
three councilmen from each of the eight wards shall be 
elected by and from the qualified voters respectively in 
each ward. They shall hold ofiice for the municipal year 
beginning with the first Monday in January next follow- 
ing their election and until a majority of the succeeding 
city council are elected and qualified. The councilmen 
shall receive no compensation for their services. 

Section 9. The mayor elect, the president of the city oath of office of 
council elect, and the councilmen elect, shall annually, on dent*of cuy*'" 
the first Monday of January, at ten o'clock in the fore- council, etc. 
noon, meet and be sworn to the faithful discharge of their 
duties. The oath shall be administered by the city clerk, 
or in his absence by any justice of the peace, and shall be 
duly certified on the journal of the city council. In case 
of the absence of the mayor elect or the president elect on 
the first Monday of January, or if a mayor or president 
shall not then have been elected, the oath of ofiice may at 
any time thereafter be administered to either of them in 
the presence of the city council ; and at any time thereafter 
in like manner the oath of office may be administered to 
any member of the city council who has been previously 
absent or subsequently elected ; and every oath shall be 



244 



Acts, 1900. — CnAr. 323. 



City clerk to be 
clerk of city 
council, etc. 



President of 
city council, 
term, riglits 
and powers, etc. 



Vacancy in 
office of council- 
man at large. 



Vacancy in 
board of com- 
missioners of 
public works or 
assessors. 



duly certified as aforesaid. After the oath has been 
administered to the president and couucilmen present the 
city council shall be called to order l)y the president. In 
case of his absence the councilmen shall be called to order 
by the city clerk. The city clerk shall be clerk of the city 
council, but these offices shall nevertheless remain distinct 
and independent. The clerk of the city council shall keep 
a journal, containing a record of the proceedings of the 
city council, and a record at large of all votes taken by 
roll call, and he shall engross, sign and attest all ordi- 
nances and resolutions of the city council. 

Sectiox 10. The president of the city council shall 
hold otfice for the municipal year beginning with the first 
Monday in January next following his election and until 
a successor is elected and qualified. He shall preside at 
the meetings of the cit}^ council and have all the rights and 
powers of a presiding officer, shall appoint all committees 
of the city council, and may at any time address the city 
council, but shall have no vote unless the city council is 
equally divided. His succession to the office of acting 
mayor under the provisions of section twenty-three of this 
act shall constitute a temporary vacancy in the office of 
president, and the city council shall elect by ballot one 
of their number to act as president pro tempore during 
such temporary vacancy. 

Section 11. If the full number of councilmen at large 
has not been elected at the annual municipal election, or 
if a vacancy occurs thereafter in the office of councilman 
at large, the city council shall forthwith elect by a majority 
vote of all the members thereof a qualified voter of the 
city, not a member of the city council, to fill the vacancy 
for the remainder of the municipal year. Should there 
fail to be a choice of a member of the board of commis- 
sioners of public works, or of assessors, at the municipal 
election, or should a vacancy thereafter occur in either of 
the above named boards, by resignation or otherwise, such 
vacancy shall be filled for the remainder of the municipal 
year by the city council, in the same manner as a vacancy 
in the office of councilman at large is filled, and at the next 
annual municipal election there shall be elected on the 
general ticket, in addition to the members of the above 
named boards then to be elected for the term of three 
years, such other members for the unexpired terms as 
may be necessary to fill vacancies, so that the term of but 



Acts, 1900. — Chap. 323. 245 

one moinbor ot" ii board shall expire in the same year. 

lu case there should tail to be a choice of an assistant Vacancy in 

1 , I 1 • • 1 1 J • oflice of aMBist- 

assessor in any ward at the annual municipal election, or am assessor. 
should a vacancy thereafter occur, the city council may 
elect a qualitied voter in the ward wherein the vacancy 
occurred, to serve as assistant assessor for the remainder 
of the municipal year. 

Section 12. The mayor may at any time call a special ^fjlfj;'/ c^T'' 
meeting of the city council, and shall call a special meeting council. 
upon request in writing of one third of the members 
thereof. The mayor shall cause written notice of such 
special meeting, with a statement of the subjects to be 
considered thereat, to be given in hand to each member, 
or to be left at his usual place of residence at least twenty- 
four hours before the time appointed for such meeting ; 
and no final action shall be taken at such special meeting 
on any business not stated in such notice, except with 
the unanimous consent of all the members of the city 
council. 

Section 13. The city council shall determine the rules city council to 
of its own proceedings and shall be the judge of the elec- of us^ro^e'i-''' 
tion and qualitications of its own members. The city oTeiecUoulff'' 
council shall sit with open doors, and the journal of its its members, 
proceedings shall be open to public inspection. The vote 
of the city council upon any question shall be taken by 
roll call when the same is requested by two members. A Quorum, etc. 
majority of all the members of the city council shall be 
required to constitute a quorum, but a smaller number 
may adjourn from day to day. In the absence of the 
president the city council shall choose one of their num- 
ber to act as president i)ro tempore, and a plurality of 
the votes cast shall be sufficient for a choice. 

Section 14. The city council shall annually in the Treasurer, cuy 
month of January elect by affirmative vote of a majority eiecuonfterm, 
of all the members thereof, a treasurer, a collector of *^''=- 
taxes, who may be the treasurer, a city clerk, a city 
auditor, and a city engineer, who shall hold office, begin- 
ning with the first Monday of the following February, 
until their successors are chosen and qualified : provided, Proviso. 
however, that any of the officers named in this section 
may be removed at any time by said city council for suffi- 
cient cause, by a two thirds vote of all the members 
thereof. The said treasurer, tax collector, auditor, city 
clerk, and city engineer, shall perform such duties as may 



246 



Acts, 1900. — Chap. 323. 



City council, 
powers and 
duties. 



Streets, high- 
ways, etc. 



Damages. 



Expenditure of 
money. 



Width, etc., of 
streets to be 
approved. 



be prescribed by ordinance, and they shall perform all the 
duties and exercise all the powers imposed or conferred 
upon them by law. 

Section 15. The city council shall, except as is other- 
wise provided herein, have and exercise all the legislative 
powers, authorities and duties of towns, the powers of 
boards of aldermen, and of the ma^^or and aldermen and 
city councils or common councils of cities under the 
general laws, and the powers now vested by special laws 
in the city of Gloucester or in the city council, the com- 
mon council, the aldermen, or the mayor and aldermen of 
said city. The city council shall, with the approval of 
the mayor, have exclusive authority to order the laying 
out, locating anew, altering, widening or discontinuing 
of town ways, streets or highways, and to order specific 
repairs or a change of grade, without any appeal there- 
from to the county commissioners. Whenever in the 
opinion of the city council the public necessity and con- 
venience require that a highway or street should be laid 
out, or that any existing highway, street or town way 
should be laid out anew, altered, Avidened or discontinued, 
or that specific repairs or a change of grade should be 
made therein, the city council shall appoint a time and 
place for a public hearing, and shall cause a notice thereof 
and of its intentions in the matter to be given, as now 
required l)y general laws in the case of towm ways. Said 
hearing may be adjourned from time to time if the city 
council deems it necessary ; and after such hearing the 
city council shall determine what action, if any, the 
public necessity and convenience require, and the way 
or street shall be laid out, located anew, altered, widened 
or discontinued, or specific repairs or a change of grade 
shall be made, if so determined. The damages sustained 
by any person thereby shall be assessed and awarded by 
the city council, and any person aggrieved by the assess- 
ment of his damages or other action of the city council 
under this section may have the remedies provided by 
general laws in the case of town ways. All expenditure 
of money for material and labor required at any time 
under the provisions of this section shall be made under 
the direction and management of the board of public 
works. No street or way shall hereafter be opened over 
any private land and dedicated to or permitted to be used 
by the public, or by the owners, lessees or occupants 



Acts, 1900. — Ciiap. 323. 247 

thorcof, until the width, location and grade of the same 
have been approved by the mayor and city council. 

Section l(i. Every ordinance, order, resohition or certain onii. 

, ^ • ^ • 1 ,1 • !• Ti L' nances, etc., ta 

vote which involves the appropriation or expenditure ot have two read. 
money to an amount which may exceed one hundred dol- '°s«'^*°- 
lars, the layinir ot" an a^sscssmeut, or the grantinii^ to a 
person or corporation of any right over or under any 
street or other puljlic ground of said city, shall be read 
twice, with an interval of at least seven days between the 
two readings, before being tinally passed, and the vote 
upon its tinal passage shall be taken by roll call. 

Section 17. Every ordinance, order, resolution or certain ordi- 
vote of the city council, except such as relates to its own bo^su^Vct^to*" 
internal atiairs, to its officers or employees, to the election ^^y°r,^lif 
of city clerk, auditor, tax collector, city engineer, or 
treasurer, to the declaration of a vacancy in the office of 
mayor and the removal of other officers, shall be presented 
to the mayor for his approval or disapproval, and like 
proceedings shall be had thereon as are provided in such 
cases by the general laws relating to cities. 

Section 18. The city council shall have power within city council 
said city to make and establish ordinances and by-laws, "rdLlnces,'^^^ 
and to affix thereto penalties as herein and by general law affile penaitieH, 
provided, without the sanction of any court or justice 
thereof: provided, Jioioever, that all by-laws and regula- Proviso, 
tions now in force in the city of Gloucester and not incon- 
sistent herewith shall remain in force until they expire by 
their own limitation or are revised or repealed by the city 
council. 

Section 19. No member of the city council shall ^embers of 

1 • I' I'li'i 1111 1 "^''y council not 

during the term lor which he is elected hold any other to hold other 
office in or under the city government, nor have the ex- *'' ^ ° '^^' ^ *'' 
penditure of any money appropriated by the city council, 
or act as counsel in any matter before the city council or 
any committee thereof, and no person shall be eligible for 
appointment to any municipal office established by the 
city council during any municipal year for which he is 
elected councilman, until the expiration of the succeeding 
municipal year. 

Title Four. 

executive department. 
Section 20. The mayor shall have and exercise all Executive 

^1 • -\ • rv powers vested 

the executive powers of the city, to be carried into etiect in mayor, etc. 



24S 



Acts, 1900. — Chap. 323. 



Term of office, 
salary, etc. 



May snspeDd 
officers for 
cause, etc. 



To appoint cer- 
tain executive 
officers, etc. 



President of 
city council to 
act in case of 
vacancy in 
office of mayor, 
etc. 



by himself or through the several boards or officers in 
their departments, under his general supervision and con- 
trol. He shall communicate to the city council such 
information and recommend such measures as in his judg- 
ment the interests of the city may require, and shall cause 
the laws, ordinances and orders for the government of the 
city to be obeyed. The mayor shall hold office for the 
municipal year, beginning with the first Monday in Janu- 
ary next following his election, until his successor is 
elected and qualified. He shall cause a record of all his 
official acts to be kept, and his salary shall be twelve hun- 
dred dollars per annum, and such additional sums as the 
city council may establish by ordinance passed by vote 
of two thirds of all the members thereof; such ordinance 
however shall not take efi'ect until the year succeeding 
that in w^hich it was passed. 

Section 21. The mayor may in writing suspend any 
officer for cause, and he shall at once report such action 
and his reasons therefor to the city council. The suspen- 
sion of any officer shall, in fifteen days after the said report 
is made, be a removal, unless within that time the officer 
asks for a hearing before the city council, which shall 
forthwith be granted ; and if after such hearing the city 
council votes that the mayor's suspension be not sus- 
tained the officer shall at once be reinstated. 

Section 22. The mayor shall appoint, subject to con- 
firmation or rejection by the city council, the executive 
officers established by or under this act, unless their elec- 
tion or appointment is herein otherwise provided for. In 
case of any vacancy in the office to which appointment is 
made by the mayor he may personally perform the duties 
thereof, but shall not be entitled to receive any salary or 
pay attaching thereto. 

Section 23. Whenever there is a vacancy in the office 
of mayor, or whenever by reason of sickness, absence from 
the city or other cause the mayor shall be unable to attend 
to the duties of the office, the president of the city coun- 
cil shall, as acting mayor, exercise all the rights and powers 
of the mayor during such vacancy, inability or absence, 
but shall not make any permanent appointment unless 
authorized so to do by vote of the city council. 



Acts, 1900. — Chap. 323. 249 



Title Five, 
school committee. 

Section 24. The school committee shall consist of fet^Jiicti^nT"' 
the mayor, who shall be ex officio chairman of the board, term, etc 
and nine other persons, three to be chosen at each annual 
election and to hold office for the term of three years from 
the first Monday in January next following. The present 
school committee shall continue to hold office until the 
expiration of the terms for which they w ere elected. The 
school committee shall serve without pay, and shall have 
the care and superintendence of the public schools, and 
the appointment of all janitors of school buildings, who 
shall be under their direction and control. All grants 
and appropriations of money for the support of schools, 
and for the erection and repair of schoolhouses in said 
city, shall be made by the city council, in the same man- 
ner in which grants and appropriations are made for other 
city purposes. Should there tail to be a choice of mem- vacancicB. 
bers of the school committee at the annual election the 
vacancies shall be filled by a joint vote of the city coun- 
cil and school committee, and vacancies thereafter occur- 
ring shall be filled in like manner. 

Section 25. The school committee shall on the first superintendent 

. 1 /• 11°' schools, elec- 

Monday in eJune, or as soon thereafter as may be, choose tion, term, etc. 
by a vote of a majority of its members, but not from their 
own number, a superintendent of schools, who shall be 
under their direction and control. Such superintendent 
shall hold office for the term of one year from the first 
Monday in July in the year of his election, unless sooner 
removed by a vote of a majority of all the members of 
the school committee. 

Title Six. 
departments and administrative officers. 

Section 26. There shall be the following department ^?p?'"^'^®°'. ^"'^ 
and administrative officers, who shall perform the duties officers. 
imposed upon them respectively by law and by this act, 
and such further duties, not inconsistent with the nature 
of their respective offices, as the city council may prescribe. 

I. A board of public works, to consist of three com- Board of ptibiic 
missioners, to be elected by the qualified voters at large '*'""'''*• 



250 Acts, 1900. — Chap. 323. 

Board of public at the first municipal election after the acceptance of this 
act ; one for the term of one year, one for the term of two 
years and one for the term of three years from the first 
Monday in January next following ; and thereafter annu- 
ally by the voters at large at the annual municipal elec- 
tion, one commissioner of public works, to serve for the 
term of three years. The board of public works shall 
have control, except as provided in section fifteen of this 
act, of the construction, alteration, repair, maintenance, 
care and management of ways, streets, highways, side- 
walks and bridges, and the lighting and watering thereof, 
of the construction, extension, alteration, repair and care 
of public sewers and drains, and of the construction, 
alteration, repair, maintenance and care of all the public 
buildings, except that the use and occupancy of the public 
school buildings and grounds shall be under the control 
of the school committee, the use and occupancy of the 
engine houses and buildings and grounds of the fire de- 
partment shall be under the control of the fire commis- 
sioner, the public parks shall be under control of the park 
commissioners, and the Huntress Home shall be under the 
control of the trustees of the home. Said board of public 
works shall also have the care, superintendence and man- 
agement of the public grounds belonging to the city ; the 
care and control of the shade and ornamental trees stand- 
ing in the streets and public ways ; the supervision of 
electric light, street railway, telephone and telegraph 
wires and poles, and of gas pipes, and of the erection and 
removal thereof. Said board shall further have and exer- 
cise the powers and authority vested by the laws of the 
Commonwealth in superintendents of streets, surveyors 
of highways, road commissioners of towns, sewerage com- 
missioners, and inspectors of buildings, and shall annually 
appoint a superintendent of streets, to act under their 
direction, and may employ engineers, clerks and such 
other assistants as they deem necessary, and may fix the 
compensation of their appointees. No person or corpora- 
tion authorized by law or by the city council to dig up 
any public street or sidewalk in said city shall begin such 
digging before furnishing to the board of public works 
security satisfactory to them to restore such street or 
sidewalk to its former condition. 

Water depart- H. A watcr department, to be under the charge of 
three commissioners, to be appointed in the manner pro- 



Acts, 1900. — Chap. 323. 251 



vided by chapter four hundred and fifty-one of the acts of 
the year eighteen hundred and ninety-five. The present 
members of the board of water counnis.sioners shall con- 
tinue to hold their respective oflices according to the 
tenure thereof. The l)oard of water commissioners shall 
exercise the powers and discharge the duties granted to 
and imposed upon them by law, and shall have charge of 
the construction, repair and maintenance of the water 
works, and shall also exercise all the powers and duties 
granted to and imposed upon the city of Gloucester by 
said chapter four hundred and fifty-one, including the 
purchase or taking of land or other property or rights. 

III. A tire department, to be under the charge of one Fire depart. 
fire commissioner, to be appointed by the mayor and con- 
firmed by the city council, who shall hold ofiice for the 

term of one year from the first Monday in February next 
following his appointment. The fire commissioner shall 
appoint the chief engineer and such assistant engineers 
as the city council shall from time to time prescribe, and, 
upon the recommendation of the board of engineers, such 
officers and members of the fire department as the city 
council may from time to time determine. The chief 
engineer shall hold office for the term of one year begin- 
ning with the first Monday in February next following 
his appointment. The fire commissioner shall have charge 
of the engines and apparatus, of hydrants and all movable 
property appertaining to the fire department, and the con- 
trol and management of all the aflairs pertaining to the 
fire department of the city. 

IV. A police department, to consist of a city marshal ^entf ''^^'"^' 
and such number of patrolmen and other officers of the 
department as the city council may determine. The city 
marshal shall hold office for one year and until his suc- 
cessor is appointed and qualified, unless sooner removed. 

The mayor shall have exclusive power to appoint the city 
marshal, and to remove him whenever in his judgment the 
interests of the city so require. The order for his removal 
shall be filed in the office of the city clerk. The mayor 
shall have the exclusive power to appoint all other mem- 
bers of the police department, subject to confirmation by 
the city council, to hold office during good liehavior, but 
he may remove any such member for cause, in the manner 
provided in section twenty-one of this act. The police 
department shall be under the charge of the city marshal. 



252 



Acts, 1900. — Chap. 323. 



Assessing de- 
partment. 



Board of health. y^ ^ board of health, to be elected as follows: — In 
the month of January next following the acceptance of 
this act the city council shall elect two qualified voters, 
one to serve for the term of one year and one to serve 
for the term of two years from the first Monday in Feb- 
ruary next following, who, together with the city physi- 
cian, shall constitute the board of health ; and thereafter 
annually in the month of January the city council shall 
elect a qualified voter of the city to serve as a member 
of the board of health for the term of two years from the 
first Monday in February next following. The board of 
health shall also be commissioners of public cemeteries, 
and shall have the general care, direction and control of 
public burying places, and all work in and upon the same, 
and shall have and exercise all the powers and duties made 
incumbent upon boards of health by the laws of the Com- 
monwealth and by the ordinances of the city of Gloucester. 

VI. The assessing department, to be under the charge 
of three assessors, to be elected by ballot by and from the 
qualified voters at large at the annual municipal election, 
to serve for the term of three years from the first Monday 
in January next following their election. The present 
members of the board of assessors shall continue to hold 
their respective offices according to the tenure thereof, and 
at the first municipal election after the acceptance of this 
act the city council shall provide for the election of the 
member to fill the vacancy occurring at the end of the 
municipal year, so that the term of but one assessor shall 
expire in the same year. 

VII. The law department, to be under the charge of 
the cit}' solicitor, who shall be elected annually by the 
city council during the month of April, for the term of 
one year from the first da}^ of May next following. He 
shall perform all legal services required by the city, and 
attend to all proceedings at law or in equity in which the 
city is a party, and to all claims presented to the city 
council. For said purposes he shall have sole charge of 
all such matters and proceedings. He shall give in writing 
his legal opinion upon any of the municipal affairs of the 
city, upon the request of the mayor or the city council, 
and in addition shall give his opinion as to any legal ques- 
tion arising in any department, upon request made by the 
head of such department. 

VIII. The engineer department, to be under the charge 
of the city engineer. 



Law depart- 
ment. 



Engineer de 
partoient. 



Acts, 1900. — Chap. 323. 253 

IX. The city clerk department, to be under the charge city cierk de- 
ofthe city clerk. ' ^"'■'™''"*- 

X. The treasury department, to be under the charge Treasury 
of the city treasurer. ^ departn>er,t. 

Xr. The collectino; department, to be under the charge Collecting 

of the collector of taxes. ^ department. 

XII. The auditing department, to be under the charge Auditing 

/•,i ., T, ° department. 

ot the city auditor. 

XIII. The charity department, to be under the charge charity 
of three overseers of the poor. There shall l)e elected 'i^P''"-*"^^"'- 
annually in the month of January by the city council, one 
overseer of the poor for the term of three years from the 

first Monday in February next following his election. 
The present members of the board of overseers of the 
poor shall continue to hold office for the terms for which 
they were severally elected. 

XIV. The sinking fund department, to be under the sinking fund 
charge of three commissioners, to be elected by the city '^*'p^'"*™®"*- 
council, to have the control and management of the sinking 

funds of the city, subject to the laws relating thereto. 

XV. A public park department, to be under the Public park 
charge of five park commissioners, as now established by ^^p**"*™®"*- 
law, who shall have the control and management of the 
public parks of the city, subject to the laws relating 
thereto. Said commissioners shall be appointed by the 
mayor, subject to confirmation by the city council, and 

the present commissioners shall continue to hold office for 
the terms for which they were severally appointed. 

XVI. A board of trustees of the Huntress Home. Trustees of 

XVII. A city physician, who shall be appointed by the uome^f** 
mayor with the approval of the city council, for a term of city physician. 
three years. 

The city council may by ordinance establish additional jJ^fifigtrTthe' 
administrative offices and define the duties of the incum- oiiicesmaybe 
bents thereof, and such officers shall be subject to the 
provisions of this act. 

The above named officers and members of boards shall, ^%*e!fppoimed 
unless otherwise provided by this act or by law, be '^y the mayor 

. . , n • 1 1 (> T 11 annually, etc. 

appointed annually in the month oi January by the mayor, 
subject to confirmation by the city council, and shall hold 
office for the term of one year from the first Monday of 
February next following their appointment. All of said 
officers, including members of said boards, whether elected 
at large or by the city council, or appointed by the mayor, 
shall be sworn to the faithful discharofe of their duties 



254 



Acts, 1900 — Chap. 323. 



Officers and 
boards to be 
deemed public 
officers. 



and shall hold office until their respective successors are 
elected, or appointed, and qualified. 

All officers and boards shall, in the exercise of the duties 
imposed upon them, be deemed to be public officers, and 
for their acts the city shall not be liable, except so far as 
liability may now exist for the acts of public officers per- 
forming the same duties. 



Title Seven. 



Boards to elect 
perraauent 
chairmen, etc. 



City auditor, 
powers and 
duties. 



Certain officers 
entitled to seats 
with city coun- 
cil, etc. 



Adralnietratlve 
officers, etc., 
may appoint or 
remove clerlvs, 
etc. 



GENEKAL PROVISIONS. 

Section 27. Each of the above named boards shall at 
its first meeting, on the first Monday in February in each 
year or as soon thereafter as may be, choose by ballot a 
permanent chairman from among its members, unless a 
chairman is otherwise provided. No person shall be 
chosen permanent chairman unless he receives the votes 
of a majority of the members of the board, and he may 
be removed from such chairmanship by the like vote. 
Each of said boards shall, unless it has a clerk as herein- 
before provided, choose a secretary from among its mem- 
bers, in the manner above prescribed for the choice of a 
chairman, and may remove him in like manner. 

Section 28. The city auditor shall, on the first busi- 
ness day of every month, audit all accounts in which the 
city is concerned as debtor or creditor, and shall report to 
the city council as it may direct. He shall have access 
at all times during business hours to all the books and 
vouchers of the city treasurer. 

Section 29. The chairman of the board of public 
works, the chairman of the board of water commission- 
ers, a member of the school committee appointed by the 
committee for that purpose, the fire commissioner, and 
the city auditor, shall be respectively entitled to seats 
with the city council, and shall have the right to discuss 
all matters relating to their respective departments, but 
shall have no right to vote. They shall be notified in like 
manner with the councilmen of all meetings of the city 
council. The mayor may at any time address the city 
council in person. 

Section 30. The administrative officers and boards 
above named in this act, and all administrative officers 
and boards established by the city council and not coming 
within the department of any officer or board so above 



Acts, 1900. — Chap. 323. 255 

named, shall have power, except as herein otherwise pro- 
vided, to appoint or empk)y and to remove or discharge 
all clerks and employees in their respective departments. 
Such appointments shall not be for any specified term 
but shall hold good until the incumbent is removed or 
discharged. Orders of removal shall state the grounds 
thereof, and shall be entered upon the records of the 
officer or board making the same, and removals shall take 
effect upon the filing of the copy of such order with the 
city clerk, who shall record the same in a book provided 
for the purpose, which book shall be open to public 
inspection. 

Section 31. Every board and every officer above Record of 

d,. . 1 i»i 11111 official transac- 

who IS not a member ot a l)oard shall keep a rec- uous to be kept. 

ord of all official transactions, and such record shall be 

open to public inspection. 

Section 32. No person shall be elected or appointed no[e1igibiT°°* 
to any office established by this act unless at the time of 
such election or appointment he has been a citizen of the 
United States for at least one year, nor to any office, 
except on the board of public works, or in the fire de- 
partment, or to the office of city marshal, or superinten- 
dent of schools, unless at the time of such election or 
appointment he has been a resident of the city for at least 
one year. 

Section 33. Any office established by or under this offices to be- 
act shall become vacant if the incumbent thereof ceases undeVcenain 
to be a resident of the city. The conviction of the in- 'conditions. 
cumbent of any office of a crime punishable by imprison- 
ment shall create a vacancy in the office held by him. 

Section 34. The school committee and every officer Estimate of ex. 
and board having the expenditure of money shall annu- p''"*''*' 
ally, on or before the first day of November, furnish to 
the mayor an itemized estimate of the money required for 
the ensuing financial year. The mayor shall examine such 
estimates and shall, on or before the fifteenth day of Novem- 
ber, submit them to the city council, with his itemized and 
detailed recommendations thereon. The city council shall, ^penTitiues"*' 
on or before the fifteenth day of December in each year, etc 
appropriate the amount necessary to meet the expenditures 
of the following year, and such appropriation shall not 
thereafter be increased nor any subsequent appropriation 
be made, except by a vote of two thirds of all the mem- 
bers, taken by call of the yeas and nays. No expenditure 



256 



Acts, 1900. — Chap. 323. 



Salaries of city 
officers, etc. 



No money to 
be paid from 
treasury unless 
granted or ap- 
propriated, etc. 



Account of re- 
ceipts and ex- 
penditures to be 
published, etc. 



Sums appropri- 
ated for a 
specific purpose 
not to be ex- 
pended for any 
ottier purpose, 
etc. 



Civil service. 



of public money from the annual appropriation order shall 
be authorized, except by a vote of a majority of all the 
members of the city council, taken by call of the yeas and 
nays. No expenditure of public money shall be made by 
any officer or board, nor any lialiility incurred by or on 
behalf of the city, beyond the amount duly appropriated 
therefor, set forth and contained in the annual or some 
subsequent appropriation order of the city council. 

Section 35. The city council shall establish by ordi- 
nance the regular salaries or remuneration of the officers 
provided for b}" this act, in case the same is not fixed 
herein, and of such other officers as may hereafter be pro- 
vided for ; and no ordinance of the city council changing 
any such salary or remuneration shall take effect until the 
municipal year succeeding that in which the ordinance is 
passed. Such salary shall be in full for all services 
rendered to the city liy the officer receiving the same. 

Section 36. The city council shall take care that no 
money is paid from the treasury unless it be granted or 
appropriated, and shall secure a just and proper account- 
ability by requiring bonds with sufficient penalties and 
sureties from the treasurer and all other persons entrusted 
with the receipt, custody or disbursement of public money. 
It shall as often as once a year cause to be published for 
the use of the inhabitants a particular account of the re- 
ceipts and expenditures of the city for that year, and a 
schedule of all the city property and of the city debt. 

Section 37. No sum appropriated for a specific pur- 
pose shall be expended for any other purpose, and no 
expenditure shall be made nor liability incurred by or 
in behalf of the city until an appropriation has duly been 
voted by the city council sufficient to meet such expen- 
diture or liability, together with all unpaid prior liabilities 
which are payable out of such appropriation. 

Section 38. Nothing herein contained shall affect the 
enforcement of the provisions of chapter three hundred 
and twenty of the acts of the year eighteen hundred and 
eighty-four, being " An Act to improve the civil service 
of the Commonwealth and the cities thereof", or of any 
acts in amendment thereof or in addition thereto, or of 
the rules made by the commissioners appointed there- 
under ; and the city council shall make sufficient appro- 
priations for carrying out and enforcing said act and such 
rules in said city. 



Acts, 1900. — Chap. 323. 257 

Section 30. Administrative boards, and ofliccrs hav- Employment 
ing oharire ot" a department shall, within their respective "fc^'o'^nYrac'ts!''"^ 
departments, employ all labor, make and execute all neces- ^'<=- 
sary contracts, purchase all materials and supplies, and 
shall in general have the immediate direction and control 
of all executive and administrative business ; and they 
shall at all times be accounta])le for the proper discharoje 
of their duties to the mayor, as chief executive of the 
city. All contracts made by any officer or board shall, 
when the amount involved is three hundred dollars or 
more, be in writing, and no such contract shall be deemed 
to have been executed until the approval of the mayor is 
affixed thereto. All such contracts shall be accompanied 
by a bond with sureties satisfactory to the officer or board 
having the matter in charge, or a deposit of money or 
other securities for the faithful discharge of such contract, 
and such bond, money or other securities shall be deposited 
with the city clerk until the contract has been carried out 
in every respect ; and no such contract shall be altered, 
except by written agreement of the contractor, the sureties 
on his bond, and the officer or board making the contract, 
with the approval of the mayor affixed thereto. 

Section 40. The city council shall establish tire limits city council 
within the city, and may from time to time change or umltstetc!' ^"^ 
enlarge the same ; and may by ordinance regulate the 
construction of all buildings erected within said tire limits, 
specifying their situation, size, and the material of which 
they shall be constructed, and may make such other rules 
and regulations as shall tend to prevent damage by tire, 
provided the same are not inconsistent with the laws of 
the Commonwealth. 

Section 41. So much of any act as is inconsistent Repeal, etc 
herewith is hereby repealed, but 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 it takes effect by acceptance, as herein provided, 
and no penalty or forfeiture previously incurred shall be 
affected thereby. All persons holding offices in said city at 
the time when this act shall be accepted as aforesaid shall 
continue to hold such offices until the organization of the 
new city government hereby authorized is effected, and un- 
til their respective successors are chosen and qualified. All 
by-laws and ordinances of the city of Gloucester in force at 
the time when said acceptance takes effect, and not incon- 



258 



Acts, 1900. — Chap. 324. 



SubmisBion of 
question of 
acceptance. 



When to take 
effect. 



sistent with the provisions of this act, shall continue in 
force until the same are repealed by the city council. No 
act which has heretofore l)een repealed shall be revived by 
the repeal of any part of the acts mentioned in this section. 

Section 42. The question of the acceptance of this 
act shall be submitted to the voters of the city of Glouces- 
ter at the annual state election in the present year. The 
vote shall be taken by ballot in accordance with the pro- 
visions 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 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 1900, entitled 
' An Act to revise the Charter of the City of Gloucester ', 
be accepted?"; and the affirmative votes of a majority 
voting thereon shall be required for its acceptance. In 
case this act shall fail thus to be accepted by the voters 
of said city at its first submission it may at a succeeding 
annual state election again be submitted for acceptance, 
but not after four years from the passage thereof. 

Section 43. So much of this act as authorizes the 
submission of the question of its acceptance to the voters 
of said city shall take efl'ect upon its passage, but it shall 
not take further effect until accepted by the voters of the 
city, as above provided ; and it shall then take full effect. 

Approved May 18, 1900. 



Chap 



Repairs, etc., in 
old registry of 
deeds and court 
buildings in 
Cambridge. 



Stable may be 
erected at 
Lowell jail. 



Fire apparatus, 
etc., for truant 
ecbool build- 
ings, etc. 



324 -A^ -^CT TO PROVIDE ACCOMMODATIONS FOR THE COURTS OF THE 

COUNTY OF MIDDLESEX AT CAMBRIDGE, FOR A STABLE AT THE 

LOWELL JAIL, AND FOR IMPROVEMENTS AT THE TRUANT SCHOOL 
IN NORTH CHELMSFORD. 

Be it enacted, etc., as folloivs : 

Section 1. The county commissioners of the county 
of Middlesex are hereby authorized and empowered to 
make necessary repairs and alterations in the old registry 
of deeds and court buildings in Caml)ridge to adapt them 
to the uses of the courts and public offices of the county, 
and to expend therefor and for necessary furnishings a 
sum not exceeding forty thousand dollars. 

Section 2. Said county commissioners may erect a 
suitable stable in the enclosed yard of the Lowell jail, at 
a cost not exceeding five thousand dollars. 

Section 3. Said county commissioners may provide 
for the truant school buildings and property in North 



Acts, 1900. — Chaps. 325, 326. 259 

Chelmsford such apparatus and other means for extin- 
guishing tires therein as they may deem proper, at a cost 
not exceeding six thousand dolhirs. 

Section 4. To meet the expenses incurred under this county com. 

,•1 •• 1 ,• j.*ij.' rnissioners may 

act said commissioners may borrow rrom time to time bono w upon 
upon the credit of the count}^ a sum not exceeding tifty "edit of county. 
thousand dollars. 

Section 5. This act shall take effect upon its passage. 

Apjyroved May 18, 1900. 

An Act rf.lative to the manufacture and sale of textile rij.f^^ ^Q'^ 

FABRICS and papers CONTAINING ARSENIC. "' 

Be it enacted, etc., as foUoivs : 

Section 1. Any corporation, person, firm or agent Penalty for the 

hi- ,1 1 . i- J. 11 1 manufacture 

o directly or by an agent manutactures, sells, exchanges, and Bale, etc., 

or has in his custody or possession with intent to sell or fibric«,'etc., 
exchange, any woven fabric or paper containing arsenic a°genic'"^ 
in anj^ form, or any article of dress or of household use 
composed wholly or in part of such woven fabric or paper, 
shall on conviction thereof be punished by fine of not less 
than fifty nor more than two hundred dollars : provided. Proviso. ' 
however, that this section shall not apply to dress goods 
or articles of dress containing not more than one one hun- 
dredth ffrain, or to other materials or articles containing 
not more than one tenth grain of arsenic per square yard 
of the material. 

Section 2. The state board of health shall make all st^^e board of 

. . health to make 

necessary investigations as to the existence of arsenic in necessary in- 
the materials and articles mentioned in section one of this gj^/^'* '°"*' 
act, may employ inspectors and chemists for that purpose, 
and shall adopt such measures as it may deem necessary 
to carry out the provisions and to facilitate the enforce- 
ment of this act. 

Section 3. This act shall take effect on the first day when to take 
of January in the year nineteen hundred and one. ®^^*^** 

Approved May 18, 1900. 



An Act to establish the office of clerk of the third dis- njifjj^ 326 

TRICT COURT OF SOUTHERN WORCESTER. 

Be it enacted, etc., as foUoics: 

Section 1. There shall be a clerk of the third district cierk of third 
court of southern "Worcester, who shall receive a salary southern"""^ 

Worcester. 



260 Acts, 1900. — Chaps. 327, 328, 329. 

of five hundred dollars a year, to be so allowed from the 
first day of June in the year nineteen hundred. 

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

Approved May IS, 1900. 

QJlCin.3^7 -^^ ^CT TO rUOVIDE FOR ESTABLISHING FIXED HOURS FOR THE 
RECORDING OF PAPERS IN REGISTRIES OF DEEDS. 

Be it enacted, etc., as follows : 

Fixed hmirs to SECTION 1. The registry of dccds in each county shall 

for recording bc opcu a fixcd uumber of hours daily, except on Sunday 

wufeTof deeds, and public holidays, for the receiving and recording of 

papers. The hours now fixed by the registers in each 

county shall continue as the fixed hours herein prescribed 

until changed by order of the justices of the superior 

court, who shall have full power to fix such hours for the 

receiving and recording of papers in all registries, as will 

best provide for the business therein transacted. Notice 

of the hours fixed shall be given by the placing of printed 

notices in conspicuous places upon or near the entrance 

door or doors, and upon the walls or counters in each 

registry. 

Papers received SECTION 2. Papcrs reccivcd for rccoixl outside the 

ushed houK. hours SO established shall be placed on record as of the 

next morning hour so established. 

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

Approved May 18, 1900. 

ChaV.S^iS ^^ ^^^ '^^ ESTABLISH THE SALARY OF THE ASSISTANT REGISTER 
OF PROBATE AND INSOLVENCY FOR THE COUNTY OF ESSEX. 

Be it enacted, etc., as follows: 

Assistant reg- Section 1. The Salary of the assistaut register of pi'o- 

iTnd'inso'ivency! bate Rud Insolvcncy for the county of Essex shall be 

Essex county, twcnty-three hundred dollars a year, to be so allowed from 

the first day of January in the year nineteen hundred. 

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

Approved May 23, 1900. 



Chap.329 



An Act to establish the salary of the second assistant 

CLERK of courts FOR THE COUNTY OF ESSEX. 

Be it enacted, etc., as foUoios: 
Second assistant SECTION 1. The Salary of the second assistant clerk 
Eseex^oomlty!' of coui-fs for the couuty of Esscx shall be two thousand 



Acts, 1900. — Chaps. 330, 331, 332, 333. 261 

dollars a year, to be so allowed from the first day of Janu- 
ary in the year nineteen hundred. 

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

xipproved May 23, 1900. 

An Act to establish the salary of the clerk of the munic- /^^^^ qqq 
ipal court of the roxbury district of the city of boston. "' 

Be it enacted, etc., as follows: 

Section 1. The salary of the clerk of the municipal pi,'c'^ourtTf°''''" 
court of the Roxbury district of the city of Boston shall Roxburydis. 
be eighteen hundred dollars a year, to be so allowed from 
the first day of January in the year nineteen hundred. 

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

Apjjroved May 23, 1900. 

An Act to establish the salary of the assistant clerk of fij^fjj^ QQl 

THE MUNICIPAL COURT OF THE ROXBURY DISTRICT OF THE CITY ^ 

OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The salary of the assistant clerk of the mu- Assistant cierk 
nicipal court of the Roxbury district of the city of Boston co "t"ofTo\- 
shall be twelve hundred dollars a year, to be so allowed ^""'^ '^^''"''• 
from the first day of January in the year nineteen hundi'Gd. 

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

Approved May 23, 1900. 

An Act to establish the salary of the assistant clerk of (7^^r),332 

THE FIRST DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as folloios : 

Section 1. The salary of the assistant clerk of the Assistant cierk, 
first district court of eastern Middlesex shall be one thou- court Jff eastern 
sand dollars a year, to be so allowed from the first day ^''^'^•«*'**- 
of January in the year nineteen hundred. 

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

Approved May 23, 1900. 

An Act to change the name of the state almshouse. C'/irt7).333 
Be it enacted, etc., as follows: 

Section 1. The name of the state almshouse atTewks- Name changed. 
bury is hereby changed to State Hospital. 

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

Approved May 23, 1900. 



262 



Acts, 1900. — Chaps. 334, 335. 



Chaj).?yU 



Width of tires 
on draft 
wagons, etc., 
regulated. 



To apply to 
certain wagons, 
carts, etc. 



Penalty. 



"When to take 
effect. 



An Act to regulate the width of tires on draft wagons. 

Be it enacted^ etc., as folloivs : 

Section 1. On and after the first day of January in 
the year nineteen hundred and two it shall be unlawful, 
except as provided in section four of this act, to use upon 
any road, street or way in this Commonwealth a draft 
wagon or cart having tires of iron or steel, or of any sub- 
stance equally hard, which are less in width than one and 
one half times the diameter of the axle, measured at the 
shoulder thereof; but in no case shall a tire more than 
four inches in width be required, and wagons or carts built 
with wooden or hollow axles shall have tires not less in 
width than the diameter of the axle, measured at the 
shoulder thereof. 

Section 2. This act shall appl}- to all wagons and 
carts the axles of which are two inches or more in diam- 
eter, measured as aforesaid, and to all stage coaches, tally- 
ho coaches, barges and other passenger vehicles not built 
to run on iron or steel rails and constructed to carry eight 
or more persons. 

Section 3. Whoever violates any provision of this act 
shall be punished by a fine not exceeding one hundred 
dollars. 

Section 4. This act shall take effect on the first day 
of January in the year nineteen hundred and two, but shall 
not apply to wagons or other vehicles owned and used in 
this state on that date. Approved May 23, 1900. 



Chav.335 ^^' '^^^ ^^ provide for the protection of human life in the 

CASE OF fire or PANIC. 



1894, 481, § 24, 
amended. 



Be it enacted, etc., as follows: 

Section 1. Section twenty-four of chapter four hun- 
dred and eighty-one of the acts of the year eighteen hun- 
dred and ninety-four is hereby amended by inserting after 
the word "stairways", in the twenty-third line, the 
words : — or by such other way or device as the owner 
shall elect, provided the same shall be approved in writing 
irf'^*'t!rh\"ve'' ^y ^^^^ insi)ector, — so as to read as follows : — Section 
proper ways 24. Evcrv buildiuo: HOW or hereafter used, in whole or 

of egress or . ^ i i- i -i t it • , • i-i i- 

other means of in part, as a public huildiug, pubhc or private institution, 
eswpe rom sclioolliouse, church, theatre, public hall, place of assem- 
blage or place of public resort, and every building in which 
ten or more persons are employed above the second story 



Acts, 1900. — Chap. 335. 263 

in a factory, workshop, or mercantile or other establish- certain buiid- 

" ' 1 ' •! I 1 1 lugB to have 

ment, and every hotel, family hotel, apartment house, proper ways 
boarding- house, lodging house or tenement house in which other means of 
ten or more persons lodge or reside above the second lire?'"^ 
story, and every factory, workshop, mercantile or other 
jestablishment the owner, lessee or occupant of which is 
notified in writing by the inspector hereinafter mentioned 
that the provisions of this act are deemed by him applica- 
ble thereto, shall be provided with proper ways of egress, 
or other means of escape from Hre, sufficient for the use 
of all persons accommodated, assembling, employed, lodg- 
ing or residing in such building ; and such ways of egress 
and means of escape shall be kept free from obstruction, 
in good repair and ready for use. Every room above the 
second story in any such building, in which ten or more 
persons are employed, shall be provided, if the said in- 
spector shall so direct in Avriting, with more than one way 
of egress, by stairways or by such other way or device as 
the owner shall elect, provided the same shall be approved 
in writing by said inspector, on the inside or outside of 
the building, placed as near as practicable at opposite ends 
of the room ; stairways on the outside of the building shall 
have suitable railed landings at each story above the first, 
and shall connect with each story by doors or windows, 
and such landings, doors and windows shall be kept clear 
of ice and snow and other obstructions. Women or chil- 
dren shall not be employed in a factory, workshop, or 
mercantile or other establishment, in a room above the 
second story from which there is only one way of egress, 
if the said inspector shall so direct in writing. All doors Doors and 
and windows in any building subject to the provisions of ^pen out%*ardiy 
this section shall open outw^ardly, if the said inspector 'J^^P^'^g^^J'^" 
shall so direct in writing. No portable seats shall be 
allowed in the aisles or passageways of such buildings 
during any service or entertainment held therein. The Theatres to 
proscenium or curtain opening of all theatres shall have reg^isung'cur- 
a fire resisting curtain of some incombustible material, "*^°- 
and such curtain shall be properly constructed and shall 
be operated by proper mechanism ; the certificate of the 
said inspector shall be conclusive evidence of a compliance 
with such requirements. 

Section 2. Section eighty-two of chapter four hun- i892, 419, § 82, 
dred and nineteen of the acts of the year eighteen hundred «''=- '»"ended. 
and ninety-two, as set out in section one of chapter three 
hundred and ten of the acts of the year eighteen hundred 



264 



Acts, 1900.— Chap. 336. 



Boston, etc. 



and ninety-seven, is hereby amended by striking out the 
words "a flight of stairs", in the twenty-ninth and thir- 

ways of egress ^jg^jj liues, SO as to read as follows: — Section 82. No 

from certain ' • i i i ^ 

buildings in building two stories or more ni height hereafter erected in 
the city of Boston, and no such building in said city not 
used at the passage of this act as a schoolhouse, church, 
theatre, public building, hall, place of assembly or public 
resort, tenement house, boarding house or lodging house, 
or as a factory or workshop where ten or more persons 
are employed, or used above the second story as a dwell- 
ing by two or more families, shall be used for any of said 
purposes unless such building is provided with at least 
two independent and sufficient ways of egress. One of 
said ways of egress shall consist of a flight of stairs ex- 
tending from the lowest to the highest floor, made of 
fireproof material and enclosed in brick walls, with the 
enclosed space or stairway provided with a ventilating 
skylight which can be opened and closed from every floor, 
and having openings through an external wall to the outer 
air at least one to each story except the upper and the 
lower, each opening to have an area of at least fiv^e square 
feet and to be maintained unobstructed : jyrovided, hoiv- 
evei', that when there shall be within the space enclosed 
by the stairway and its landings from the second story 
upwards an open area for light and ventilation whose least 
horizontal dimensions shall be equal to the width of the 
stairs, but in no case less than three feet, then the afore- 
said openings through an exterior wall may be omitted. 
There shall be no opening upon the stairway except as 
aforesaid and for said skylight, and for doors from apart- 
ments and corridors. The other way of egress shall be 
approved by the inspector of buildings, and may project 
over a public way. Every way of egress from every such 
building shall be kept in good repair and unobstructed. 

Approved May 23, 1900. 



Proviso. 



(7^tt/).336 ^ -^^^ ^*-* AUTHOKIZE THE TOVTS OF IPSA\T:CII TO PAY TO THE 
WIDOW OF GEORGE P. SMITH A SUM OF MONEY ON ACCOUNT OF 
INJt^RIES RECErV'ED BY HIM WHILE ASSISTING A POLICE OFFICER 
IN MAiaNG AN ABREST. 

Be it enacted, etc., as follows: 
Townofips- Section 1. The town of Ipswich is hereby authorized 

wich may pay a z^-vi" m • ^ • /-t 

sum of money to pay to Olivc P. Smith, widow of George P. Smith, a 

to widow of f. ./,... -111. 

George P. suui ot moucy ou accouut or injuries received by him on 

Smith. 



Acts, 1900. — Chaps. 337, 338, 339. 265 

the eiofhtcouth day of April in the year eighteen hundred 
and ninoty-tive, while assisting a police officer of said 
town in making an arrest. 

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

Approved May 23, 1900. 

An Act to authorize the American car sprinkler company ni^f,,^ QQ7 

TO MAKE contracts AND ASSUME OBLIGATIONS RELATIVE TO ^ 

OPERATING STREET SPRINICLING APPARATUS UPON THE TRACKS 
OF STREET RAILWAY COMPANIES. 

^e it enacted, etc. , as follows : 

Section 1. The American Car Sprinkler Company, American car 
or its successors, is hereby authorized to enter into and pany may mXe 
assume such obligations with and to furnish such protec- reiauve'to^'*'' 
tion to the locations, privileges, rights and properties of °Pfin'k|°n^ ^"'®®* 
the street railway companies over whose tracks its appa- apparatus. 
ratus may be operated for the purpose of sprinkling 
streets, as may reasonably be required in the conduct of 
the business of the said company in sprinkling streets and 
highways. 

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

Ap)j>roved 3Iay 23, 1900. 

An Act making an appropriation for expenses in connection f^Jjfyr) 338 

WITH THE CONSOLIDATION AND ARRANGEMENT OF THE PUBLIC 
STATUTES. 

Be it enacted, etc., as follows: 

Section 1. The sum often thousand dollars is hereby conBoUdation 
appropriated, to be paid out of the treasury of the Com- me'ltoahe'pub- 
monwealth from the ordinary revenue, for expenses in I'^statutei. 
connection with the consolidation and arrangement of the 
Public Statutes of the Commonwealth, during the year 
ending on the thirty-first day of December in the year 
nineteen hundred, the same to be in addition to any 
amount heretofore authorized. 

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

Approved May 23, 1900. 



Chap.d39 



An Act to regulate the size of berry baskets. 
Be it enacted, etc., as folloivs : 

Section 1, All baskets or other receptacles used or size of berry 
intended to be used in the sale of strawberries, rasp- laTed! * ^^^^' 



266 Acts, 1900. — Chap. 340. 

berries, blackberries, cherries, currants and gooseberries 
shall be of the capacity of one quart, one pint, or one 
half pint, Massachusetts standard dry measure. 

Penalty. Section 2. Whocvcr sells or offers for sale a basket 

or other receptacle not conforming to said standard, to be 
used in the sale of any of the aforesaid fruit, and whoever 
sells or offers for sale any of the aforesaid fruit in any 
basket or other receptacle not conforming to the said 
standard, shall be punished by a fine of not less than five 
dollars nor more than ten dollars for each offence. 

Capacity of Section 3. The said baskets or other receptacles shall 

receptacles may _ I 

be tested, etc. not be required to be tested and sealed as provided by 
chapter sixty-five of the Public Statutes, but the sealer or 
deputy sealer of weights and measures of any city or 
town, or the deputy sealer of the Commonwealth, may, 
when he so desires, and shall upon complaint, test the 
capacity of any basket or other receptacle in which any 
of the aforesaid fruit is sold or intended to be sold ; and 
when the same is found to contain less than the standard 
measure it shall be his duty to seize the same, and to 
make complaint against the vendor for the violation of the 
law. 

When to take Section 4. This act shall take effect on the first day 
of January in the year nineteen hundred and one. 

Approved May 23, 1900. 

ChClp.34:0 -^^ -^CT TO AUTHORIZE THE METROPOLITAN PARK COMMISSION TO 
MAKE RULES AND REGULATIONS TO GOVERN THE PUBLIC USE 
OF THE CHARLES, NEPONSET AND MYSTIC RIVERS, AND OF PONDS 
AND OTHER WATERS ALONG W^HICH IT HOLDS ABUTTING LANDS 
FOR PUBLIC OPEN SPACES. 

Beit enacted, etc., asfolloivs: 

^afk°^mm^u. SECTION 1. The metropolitan park commission may 
8ion may make from time to time make rules and rejzulations to orovern 

rules etc . to " " 

govern public the public usc of the Charles river, the Neponset river, 
riTers.ac.'"" and the Mystic river, within the metropolitan parks dis- 
trict, and of the ponds and other waters along which 
it holds abutting lands for public open spaces in said 
district, and for breaches thereof may aflSx penalties not 
exceeding twenty dollars for one offence, to be imposed 
by any court of competent jurisdiction ; and in general 
may do all acts needful for the proper execution of the 
powers and duties granted to and imposed upon said board 
Proviso. j)y ^jjjg jj^(.^ . provided, that any rule or regulation affect- 



Acts, 1900. — Chaps. Ul, 342, 343. 267 

11112: waters used for water supply purposes shall not take 
etlect as to such waters until approved in writing by the 
water board or other officers of the state, district, city or 
towu having control and charge of the same. 

Section 2. Nothinc: in this act shall atJect the rio;hts Certain rights 

,. ., , i J- J 'j i 1 ""ji of cities, towns, 

ot any city or town relating to its water supply, or the etc., not 
water rights of any person or corporation, whether a mill "^®'='*''*- 
owner or otherwise. 

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

A2:>proved May 23, 1900. 

An Act to legaxize certain proceedings of the town of njiQj) Q41 

HUDSON. ■^' 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the town of Hudson at certain pro- 

, . -I ^• 1 !• • J 1 ceediugs of 

its annual meeting and adjournments thereot in the year town ot Hudson 
nineteen hundred shall not be invalid by reason of the ®^'"^® • 
omission in the warrant calling the meeting to state the 
time of oi)ening and closing the polls, or of any irregular- 
ities resulting from such omission. 

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

Approved May 23, 1900. 

An Act to confirm certain proceedings of the town of z^/,^^ Qj^o 

MARION. ■'■ 

Be it enacted, etc., asfolloius: 

Section 1. The proceedings of the town of Marion at certain pro- 
its annual meeting in the year nineteen hundred shall not town'lff^Marion 
be invalid by reason of the fact that the polls were not '=°"'^'''"^^- 
kept open during the whole period required by law. 

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

Aiiproved May 23, 1900. 



Chap.3^3 



An Act relatfve to the construction of a system of sewer- 
age BT the town of dedham. 

Be it enacted, etc., as folloivs: 

Section 1. Section six of chapter two hundred and 1897,270. §6, 
seventy of the acts of the year eighteen hundred and *™*^° 
ninety-seven is hereby amended by striking out the word 
"five", in the twenty-ninth line, and inserting in place 
thereof the word: — ten, — so as to read as follows: — 
Section 6. The town of Dedham shall by vote determine TownofDed. 
what proportion of the cost of said system or systems minVproporuon 



268 Acts, 1900. — Chap. 343. 

piid*by°ow^n. ^^ sewerage and sewage disposal said town shall pay : 
ProviBoe. ijrovided, that it shall not pay less than one third nor 

more than one half of the whole cost. The remaining: 
cost ot said systems shall be borne by the owners of 
estates situated within the territory embraced by it and 
benefited thereby, but no estate shall be deemed to be 
benefited unless or until a sewer is constructed into which 
it can be drained. The owners of such estates shall be 
assessed by said commissioners their proportional parts 
respectively of such portion of the total cost of said sys- 
tems as is not borne hy the town as above provided. Such 
proportional parts shall be based upon the estimated aver- 
age cost of all the sewers composing said systems, and 
shall be assessed by a fixed uniform rate according to the 
frontage of such estate on any street or way in which a 
sewer is constructed, or according to the area of such 
estate within a fixed depth from such street or way, or 
according to both frontage and area ; and every such 
owner shall, within three months after written notice of 
such assessment served on him or on the accupants of his 
estate, or sent by mail to the last address of said owner 
known to said commissioners, pay the sum so assessed to 
the collector of taxes of said town ; provided, that said 
board shall, on the written request of any such owner, 
made within said three months, apportion such assessment 
into such number of equal parts or instalments, not ex- 
ceeding ten, as said owner shall state in such request : 
and said board shall certify such apportionment to the 
assessors of said town, and one of said parts or instal- 
ments, with interest from the date of said apportionment 
at the rate of six per cent per annum, shall be added by 
the assessors to the annual tax on such estates for each 
year next ensuing until all said parts have been so added, 
unless sooner paid as hereinafter provided, and pi'ovided, 
further, that nothing herein contained shall be construed 
to prevent the payment at any time in one payment, not- 
withstanding its prior apportionment, of any balance of 
said assessments then remaining unpaid, but interest on 
such balance at the rate of six per cent per annum shall 
be paid to the date of such payment ; and thereupon the 
collector of taxes of said town shall receive the same and 
shall certify such payment or payments to the assessors, 
who shall preserve a record thereof. In cases of corner 
lots and lots abutting on more than one sewered street the 
same area shall not be assessed more than once. 



Acts, 1900. — Chap. 344. 269 

Section 2. Section nine of said chapter is hereby i89t, 270, § 9, 
amended by striking out the word " five ", in the six- '*'"'^" " 
tcenth line, and inserting in place thereof the word : — 
four, — so as to read as follows : — Section 9. The town Dedham sewer- 
of Dedham, for the purpose of paying the necessary ex- ^^^ ^'"'"' 
penses and liabilities incurred under this act, may incur 
indebtedness and may issue ti'om time to time as may be 
required therefor, bonds, notes or scrip to an amount not 
exceeding two hundred thousand dollars ; and the debt 
and loan authorized by this act, and the notes, bonds or 
scrip issued therefor, shall not be considered or reckoned 
in determining the authorized limit of indebtedness of 
said town under the provisions of section four of chapter 
twenty-nine of the Public Statutes and of acts in amend- 
ment thereof or in addition thereto. Such bonds, notes 
or scrip shall bear on their face the words, Dedham 
Sewerage Loan, shall be payable within periods not ex- 
ceeding forty years from the issuing of such bonds, notes 
or scrip respectively, and shall bear interest payable semi- 
annually at a rate not exceeding four per cent per annum. 
Said bonds, notes or scrip shall be signed by the treasurer 
of said town and shall be countersigned by a majority of 
the selectmen. The said town may sell such securities or 
any part thereof, from time to time, at pu])lic or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act : provided, that they shall not be sold or Proviso. 
pledged for less than the par value thereof; and the pro- 
ceeds thereof shall be retained in the treasury, and the 
treasurer shall pay therefrom the expenses incurred for 
the purposes aforesaid. 

Section 3. This act shall be submitted to the voters when to take 
of the town of Dedham at any annual town meeting or at 
any special meeting duly called for the purpose, and shall 
take eft'ect upon its acceptance by a majority of the voters 
voting thereon. Approved May 23, 1900. 



efifect. 



Ghap.?>4.4. 



An Act relatwe to the construction of fishways by the 
commissioners on inland fisheries and game. 

Be it enacted., etc., as folloivs : 

Section 1. Section seven of chapter ninety-one of the p. s. 91, §7, 
Public Statutes is hereby amended by inserting before ^™^°'^®'^- 
the word " When ", in the first line, the words : — When 
in the opinion of the commissioners a passage for edible 
fish should be provided, or, — by striking out the word 



etc. 



270 Acts, 1900. — Chap. 345. 

"he", in the third line, and inserting in place thereof the 
^ords : — either of the commissioners, — by striking out 
the words " such person's", in the fifth line, and inserting 
in place thereof the word : — the, — and b}^ inserting after 
the word "expense", in the sixth line, the words: — of 
the Commonwealth, when in the opinion of the commis- 
sioners the person required by law to construct or main- 
tain the same is not able to afibrd such expense, — so as 
CommiBBioners (,0 read as follows : — Section 7. When in the opinion 
fisheries and of tlic commissiouers a passage for edible fish should be 
fnuct'fishways, provldcd, or when either of the commissioners finds that 
there is no fishway or an insufficient tishway in or around 
a dam where the law requires a fishway to be maintained, 
either of the commissioners may, in his discretion, enter 
with workmen and materials upon the premises of the 
person required to maintain a fishway there, and may at 
the expense of the Commonwealth, when in the opinion 
of the commissioners the person required by law to con- 
struct or maintain the same is not able to afibrd such 
expense, improve an existing fishway, or cause one to be 
constructed if none exists, and may take, if necessary, the 
land of any other person not obliged by law to maintain 
said fishway ; and when a fishway has been constructed in 
accordance with the provisions of this section, the com- 
missioners shall not require the owner of the dam to alter 
the same within five years from the completion thereof. 
Section 2. This act shall take efiect upon its passage. 

Approved May 24, 1900. 



ChapM5 



An Act relative to temporary guardians. 
Be it enacted, etc., as foUoivs : 
Temporary SECTION 1. When by rcRSOu of delay in granting or 

bea'^pointecffn issulug Icttcrs of guardianship of a minor, insane person 
certain cases, ^^. spendthrift, or whcu for any other cause the judge of 
the probate court deems it expedient to do so, he may at 
any time and place, and with or without notice or minor's 
nomination, appoint some suital)le person to be tempo- 
rary guardian of the person and estate of such minor, 
insane person or spendthrift, with the same powers and 
duties and subject to the same provisions of law, except 
as otherwise provided herein, which obtain in the case of 
guardians. Such temporary guardian shall hold his office 
until the appointment of a guardian or until his temporary 



Acts, 1900. — Chap. 345. 271 

guardianship is otherwise terminated according to law ; 
and in case of an appeal I'rom the decree appointing him 
the temporary guardian shall nevertheless proceed in the 
execution of his duties until otherwise ordered by the 
supreme court of probate. The judge of the probate 
court having jurisdiction may at any time with or without 
notice remove a temporary guardian or terminate his trust. 

Section 2. When it appears to the judge that the Temporary 
parents or surviving parent of a minor are or is unfit to have^'custody of 
have the custody of such minor, or that one of such aiporiucer- 
parents is unfit therefor, the judge may, with the consent 
of the other parent, when one is unfit, order that the tem- 
porary guardian of such minor shall have such custody. 
He may also so order when the temporary guardian of a 
minor is serving or appointed to serve in place of a 
temporary guardian removed ; and upon such order the 
temporary guardian shall have the custody and control of 
such minor, exclusive of parents or parent, during the 
continuance of his trust or until it is otherwise ordered. 
The person appointed to be temporary guardian of a 
minor, pending proceedings before the probate court for 
an order under section four of chapter one hundred and 
thirty-nine of the Public Statutes, or for the removal of a 
guardian of a minor, shall by virtue of his appointment 
have the custody and control of his ward, exclusive of 
parents or parent, during the pendency of such proceed- 
ings, and until such proceedings are terminated. 

Section 3. The appointment of a temporary guardian, Appointment of 
whether of a minor, an insane person or a spendthrift, g^uafdiM7, 
may be made upon the petition of the mayor of a city, of 
the selectmen of a town, of the overseers of the poor of a 
city or town, or of any other person in interest. 

Section 4. Every temporary guardian shall give to give bond, 
bond, with sufiicient sureties, in form substantially like ®^''' 
the bonds required of guardians in similar cases. 

Section 5. Upon the issuing of letters of guardian- powers to cease 
ship the powers of the temporary guardian shall cease, rn''g"o/iluer8'of 
and he shall forthwith deliver to the guardian all the estate g^^^a'-dianBhip, 
of the ward in his hands ; and the guardian may be ad- 
milted to prosecute a suit begun by the temporary guar- 
dian, in like manner as an administrator may prosecute a 
suit begun by a former special administrator. 

Section 6. Section six of chapter one hundred and Repeal, 
thirty-nine of the Public Statutes, and chapter one hun- 



272 Acts, 1900. — Chaps. 346, 347, 348. 

dred and thirty-five of the acts of the year eighteen hun- 
dred and ninety-seven, are hereby repealed. 

Approved May 25, 1900. 

ChciT).34:() ^^ ^^'^ "^O CONFIRM THE PROCEEDINGS OF A TOWN MEETING OK 

THE TOWN OF A6AWAM. 

Be it enacted, etc., as follows : 

Proceedings of Section 1. The proceedino-s of the annual town meet- 
town meeting i iit ii p 

of Agawam mg of the towu of Agawam held on the second day or 
April in the year nineteen hundred shall not be invalid 
by reason of failure to serve the warrant calling said meet- 
ing, as therein directed, or by reason of any irregularities 
consequent upon such failure. 

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

Approved May 25, 1900. 

Chan 347 ^^ ^*^^ ^*^ establish the salary of the ASSISTANT REGISTER 
OF PROBATE AND INSOLVENCY FOR THE COUNTY" OF MIDDLESEX. 

Be it enacted, etc. , as follows : 
ABBistantreg. Section 1. The Salary of the assistant register of pro- 
etc, Middlesex' bate and insolvency for the county of Middlesex shall be 
twenty-five hundred dollars a year, to be so allowed from 
the first day of March in the year nineteen hundred. 
Section 2. This act shall take efiect upon its passage. 

Approved May 25, 1900. 



county. 



(7A«j9.348 



An Act to provide for the change of building lines on 
lansdowne street in the city of boston. 

Be it enacted, etc. , as follows : 

Changes may be Section 1. The board of strect commissioners of the 

made In Duild- , n t\ 'ji i i f l^ 

ing lines of city oi Bostoii, With the approval ot the mayor, may, 
street °Bo1'ton. within six mouths after the passage of this act, make such 
changes as they may deem necessary or desirable in the 
building lines of Lansdowne street, as shown on a plan 
of the territory between the Back Bay fens, Brookline 
avenue and the Boston and Albany railroad, made by 
Pierre Humbert, Junior, and filed in the ofiicc of the city 
surveyor or city engineer of the city, and the plan as so 
chansred shall have the same eflfect as it had before the 
chano;e was made. 

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

Approved May 25, 1900, 



Acts, 1900. — Chaps. 349, 350. 273 



An Act to ixcrease the representation of the city of lowell (JJia7).34Q 

IN THE trustees of the LOWELL TEXTILE SCHOOL COIU'ORA- 
TION. 

Be it enacted^ etc., asfoUoivs: 

Section 1. During any school year, which for the TrusteeBof 
purposes of this act shall be construed as a period of Schooicoipo- 
twelve calendar months beginning with the first day of '^^^^°^' 
July in each year, the cliairman of the board of aldermen, 
the president of the common council, and a member of 
the textile union of the city of Lowell, who shall be 
appointed by the Lowell Textile Council, shall be mem- 
bers of the board of trustees of the Lowell Textile School 
Corporation. 

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

Approved May 25, 1900. 

An Act relative to the c<jmmitment op insane persons to QJidD^^^Q 

INSANE ASYLUMS. 

Be it enacted, etc., as folloivs : 

Section 1. A person applying for the commitment or commitments, 

«,i -, . . r. ^ii.'o ./• etc., to insane 

tor the admission or an insane person to a state insane iiospiiaiB and to 
hospital under the provisions of chapter eighty-seven of somaniic^.'^e'tcr 
the Public Statutes, or for commitment of a dipsomaniac 
under the provisions of chapter three hundred and thirty- 
nine of the acts of the year eighteen hundred and eighty- 
five, or under the provisions of chapter four hundred and 
fourteen of the acts of the year eighteen hundred and 
eighty-nine, shall first give notice in writing to the over- 
seers of the poor of the place where the insane person 
or dipsomaniac resides, except that in the city of Boston 
such notice shall be given to the institutions registrar, 
and also to the chairman of the insane hospital trustees, 
of his intention to make such application ; and satistactory 
evidence that such notice has been given shall be produced 
to the iustice in cases of commitment. But this act shall Not to apply to 

•' . ■ , certain cases. 

not apply to cases provided for in section one ot chapter 
four hundred and thirty-eight of the acts of the year eight- 
een hundred and ninety-eight. 

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

Approved 3Iay 25, 1900. 



274 



Acts, 1900. — Chap. 351. 



Board of pub- 
lic works of 
Springfield 
established. 



Chup.SBl. -^^ -'^CT TO AUTHORIZE THE CITY OF SPRINGFIELD TO ESTABLISH A 

BOARD OF PUBLIC WORKS. 

Be it enacted, etc., as folloios; 

Sectiox 1. All the powers and duties now vested in 
the board of public works and the board of supervisors 
of highways and bridges of the city of Springfield in rela- 
tion to the laying out and establishing of public streets, 
the construction, maintenance and repair of highways, 
walks, curbing, sewers and drains, the care and control 
of trees in public ways, the assignment of places for poles 
and wires, either ov^erhead or underground, and the gen- 
eral supervision of the highway and sewer departments, 
and all work relating thereto now devolving upon the 
present board of public works and the board of supervisors 
of highwa3^s and bridges, together with such of the powers 
and duties now vested in the mayor, board of aldermen 
and common council in relation to any of the foregoing 
matters as the city council may delegate by ordinance, 
shall be vested in a board of public works, of which the 
mayor shall be a member and chairman ex officio, and 
the remaining members of which shall be appointed by 
the mayor and confirmed by the board of aldermen, with 
such restrictions and limitations and with such compensa- 
tion for services as the city council of the city of Spring- 
field may by ordinance decide, any provision in the charter 
of said city or any other acts relating thereto to the con- 
trary notwithstanding. 

Section 2. Chapter three hundred and thirty-four of 
the acts of the year eighteen hundred and seventy-two, 
and so much of any other acts as is inconsistent here- 
with, are hereby repealed : ])7'oi'kled, however., that the city 
council of the city of Springfield may continue to exercise 
all the rights, privileges and authority now conferred 
upon it by section six of said chapter three hundred and 
thirty-four. 

Sectiox 3. This act shall take efiect upon its accept- 
ance by the city council of the city of Springfield. 

Ayyiproved May 25, 1900. 



Repeal. 



ProviBO. 



WTien to take 
effect. 



Acts, 1900. — CnAPg. 352, 353, 354. 275 



ChapM2 



An Act to establish the rank of the commissary general. 
Be it enacted, etc., nsfolloics: 

Section 1. The commissary general on the stafi' of ^^'1°''^"/,^°"™''" 
the commander-in-chief shall have the rank of brigadier established. 
general. 

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

Approved May 25, 1900. 

An Act to establish the r^vkk of the judge-advocate gen- C'A«».353 

ERAL. 

Be it enacted, etc. , as foUoivs : 

Sectiox 1. The judge-advocate general on the staff ^^^^c&iJltu^' 
of the commander-in-chief shall have the rank of brigadier erai established. 
general. 

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

Approved May 25, 1900. 

An Act relative to registering and confirming titles to land. QJiar).35A 
Be it enacted, etc., as follows: 

Section 1. The name of the Court of Registration, Nameofcoun 

1 !• 1 T 1 1 1^ t 11 1 • j_ i L- j_i of Registration 

estaliliahed by chapter nve hundred and sixty-two oi the changed to 
acts of the year eighteen hundred and ninety-eight, is Regis t rati J'n, 
herebv changed to the Court of Land Registration. The ®*°- 
title of the judge of registration is hereby changed to 
judge of land registration, and the title of the assistant 
judge of registration is hereby changed to associate judge 
of land registration. 

Section 2. Section thirteen of said chapter is hereby ^melid^'^^^' 
amended by inserting before the word "registration", in 
the first line and in the third line, the word : — land, — 
by striking out in the third line, the w^ord "assistant", 
and inserting in place thereof the word: — associate, — 
and l)y adding at the end thereof the following clause : — 
excepting however that the salaries of the assistant re- 
corders and expenses for clerical services incurred by the 
assistant recorders under said act shall be paid by their 
respective counties, and all fees collected by them, except 
those received u})on the filing of applications for registra- 
tion, shall be paid by them to their respective counties. 
All fees received with such applications shall be trans- 
mitted with the applications to the recorder. So much 



276 



Acts, 1900. — Chap. 354. 



Salaries of 
judges, re- 
corders, etc. 



1898, 562, § 19, 
amended. 



of section eleven of this act as is inconsistent herewith is 
hereby repealed, — so as to read as follows : — Section 13. 
The salary of the judge of land registration shall be forty- 
iive hundred dollars a year. The salary of the associate 
judge of land registration shall be four thousand dollars a 
year. The salaries of the recorder, assistant recorders, 
examiners of titles, and all assistants and messengers shall 
be fixed by the o-overnor and council. All salaries and 
expenses of the court shall be paid from the treasury ot 
the Commonwealth, excepting however that the salaries 
of the assistant recorders and expenses for clerical services 
incurred by the assistant recorders under said act shall be 
paid by their respective counties, and all fees collected by 
them, except those received upon the filing of applications 
for registration, shall be paid by them to their respective 
counties. All fees received with such applications shall 
be transmitted with the applications to the recorder. So 
much of section eleven of this act as is inconsistent here- 
with is hereby repealed. 

Section 3. Section nineteen of said chapter is hereby 
amended by adding at the end thereof the following 
clause : — If the holder of the mortofao:e does not consent 
to the making of the application it may be entered never- 
theless and the title registered subject to such mortgage, 
which may be dealt with or foreclosed as if the land sub- 
ject to such mortgage had not been registered. But the 
decree of registration in such case shall state that registra- 
tion is made subject to such mortgage, describing it, which 
has not been registered, and shall provide that no subse- 
quent certificate shall be issued and no further papers 
registered relatins; to such land after a foreclosure of such 
Applications for mortgage, — so as to read as follows : — Section 19. Ap- 
regiB rd ion. jjeation for registration of title may be made by the fol- 
lowing persons, namely : 

First. The person or persons claiming, singly or col- 
lectively, to own the legal estate in fee simple. 

Second. The person or persons claiming, singly or 
collectively, to have the power of appointing or disposing 
of the legal estate in fee simple. 

Third. Infants and other persons under disability may 
make application by their legally appointed guardians ; 
but the person in whose behalf the application is made 
shall be named as applicant. 

Fourth. Corporations may make application by any 



Acts, 1900. — Chap. 354. 277 

officer duly authorized by a vote of the directors : pro- Proviso. 
vided, however, that one or more tenants for a term of 
years, which is regarded as a fee simple in section one 
of chapter one hundred and twenty-one of the Public 
Statutes, shall not be allowed to make application except 
jointly with those claiming the reversionary interest which 
makes up the fee simple at common law ; nor shall a mort- 
gagor make application without the consent in writing of 
the mortgagee ; nor a married woman without the consent 
in writing of her husband, unless she holds the land as her 
se})arate jiroperty or has a power to api)oii!t the same in 
fee simple, or has obtained a decree of the [)robate court 
under the })rovisions of chapter two hundred and fifty-five 
of the acts of the year eighteen hundred and eighty-five, 
as amended by chapter two hundred and ninety of the acts 
of the year eighteen hundred and eighty-seven ; nor one 
or more tenants claiming undivided shares less than a fee 
simple in the whole land described in the application. 

If the holder of the mortgage does not consent to the Registration of 
making of the application it may be entered nevertheless mortgaged 
and the title registered subject to such mortgage, which '^°'^" 
may be dealt with or foreclosed as if the land subject to 
such mortiJ-age had not been registered. But the decree 
of registration in such case shall state that registration is 
made subject to such mortgage, describing it, which has 
not been registered, and shall provide that no subsequent 
certificate shall be issued and no further papers registered 
relating to such land after a foreclosure of such mortgage. 

Section 4. Section twenty-seven of said chapter is 1898,562, §27, 
hereby amended by striking out the whole of said sec- '*'"''° ^ 
tion and inserting in place thereof the following : — Sec- certified copy 
Hon 27. When an application is made subject to an i^ea^eTo^bfflied 
existinor recorded mortgag-e, the holder of which has con- in certain cases, 

- ??• o ' ^ etc. 

sented thereto or to a recorded lease for a term exceeding 
seven years, or when the registration is to be made sub- 
ject to such a mortgage or lease executed after the time 
of the application and before the date of the transcription 
of the decree, the applicant shall, if required by the court, 
file a certified copy of such mortgage or lease, and shall 
cause the original, or, in the discretion of the court, a 
certified copy thereof to be presented for registration 
before a decree of registration is entered, and no regis- 
tration fee shall be charged for registering such original 
mortgage or lease or such certified copy. 



278 



Acts, 1900. — Chap. 354. 



1898, 562, § 32, 
amended. 



Return day of 
notice, etc. 



1898. 562, § 5$, 
amended. 



Section 5. Section thirty-two of said chapter is hereby 
amended by inserting after the period in the fourth line 
from the end of said section, the following words : — The 
court shall, so far as it deems it possible, require proof 
of actual notice to all adjoining owners and to all persons 
who appear to have any interest in or claim to the land 
included in the application Notice to such persons by 
mail shall be by registered letter, — so as to read as fol- 
lows : — Section 32. The return day of said notice shall 
be not less than twenty nor more than sixty days from the 
date of issue. The court shall also, within seven days 
after publication of said notice in a newspaper, cause a 
copy of the same to be mailed by the recorder to every 
person named therein whose address is known. The court 
shall also cause a duly attested copy of the notice to be 
posted in a conspicuous place on each parcel of land in- 
cluded in the application, by a sheriff or deputy sherifl', 
fourteen days at least before the return day thereof, and 
his return shall be conclusive proof of such service. If 
the applicant requests to have the line of a public way 
determined the court shall order notice to be given by the 
recorder, by mailing a registered letter to the mayor of 
the city or to one of the selectmen of the town or towns 
in which the land lies, or, if the way is a highway, to one 
of the county commissioners of the county or counties in 
which the land lies. If the land borders on a river, nav- 
igable stream or shore, or on an arm of the sea where a 
river or harbor line has been established, or on a great 
pond, or if it otherwise appears from the application or 
the proceedings that the Commonwealth may have a claim 
adverse to that of the applicant, notice shall be given in 
the same manner to the attorney-general. The court may 
also cause other or further notice of the application to be 
given in such manner and to such persons as it may deem 
proper. The court shall, so far as it deems it possible, 
require proof of actual notice to all adjoining owners and 
to all persons who appear to have any interest in or claim 
to the land included in the application. Notice to such 
persons by mail shall be by registered letter. The cer- 
tificate of the recorder that he has served the notice as 
directed by the court, by publishing or mailing, shall be 
filed in the case before the return day, and shall be con- 
clusive proof of such service. 

Section 6. Section fifty-eight of said chapter is hereby 
amended by adding at the end thereof the following words : 



Acts. 1900. — Chap. 354. 279 

— and provided, further, that in case the land described amended.^ *^' 
iu :i eertiticate of title is divided into lots, designated by 
numbers or letters, witli measurements of all the bounds, 
and a plan of said land has been filed with the recorder 
and verified pursuant to section forty-four of this act, and 
a certified co[)y thereof is recorded in the registration ])ook 
with the original certificate, when the registered owner 
makes a deed of transfer in fee of one or more of such 
lots, the assistant recorder may, instead of cancelling such 
certificate and entering a new certificate to the grantor for 
the part of the land not included in the deed of transfer, 
enter on the original certificate and on the owner's dupli- 
cate certificate a memorandum of such deed of transfer, 
with a reference to the lot or lots thereby conveyed as des- 
ignated on such plan, and that the certificate is cancelled 
as to such lot or lots ; and every certificate with such 
memorandum shall be as effectual for the purpose of show- 
ing the grantor's title to the remainder of the land not 
conveyed as if the old certificate had been cancelled and a 
new certificate of such land had been entered ; and such 
process may be repeated so long as there is convenient 
space upon the original certificate and the owner's dupli- 
cate certificate for making such memorandum of sale of 
lots, — so as to read as follows : — Section 58. When a Proceedings in 
deed in fee is for a part only of the land described in a part onfy of 
certificate of title the assistant recorder shall also enter ''''"^' ^'°- 
a new certificate and issue an owner's duplicate to the 
grantor for the part of the land not included in the deed. 
In every case of transfer the new certificate or certificates 
shall include all the land described in the original and 
surrendered certificates : provided, however, that no new Provisos. 
certificate to a grantee of a part only of the land shall be 
invalid by reason of the failure of the assistant recorder 
to enter a new certificate to the grantor for the remaining 
unconveyed portion ; and provided , farther , that in case 
the land described in a certificate of title is divided into 
lots, designated by numbers or letters, with measurements 
of all the bounds, and a plan of said land has been filed 
with the recorder and verified pursuant to section forty- 
four of this act, and a certified copy thereof is recorded in 
the registration book with the original certificate, when 
the registered owner makes a deed of transfer in fee of 
one or more of such lots, the assistant recorder may, in- 
stead of cancelling such certificate and entering a new 
certificate to the grantor for the part of the land not in- 



280 



Acts, 1900. — Chap. 355. 



eluded in the deed of transfer, enter on the original certifi- 
cate and on the owner's duplicate certificate a memoran- 
dum of such deed of transfer, with a reference to the lot 
or lots thereby conveyed as designated on such plan, and 
that the certificate is cancelled as to such lot or lots ; 
and every certificate with such memorandum shall be as 
effectual for the purpose of showing the grantor's title to 
the remainder of the land not conveyed as if the old cer- 
tificate had been cancelled and a new certificate of such 
land had been entered ; and such process may be repeated 
so long as there is convenient space upon the original 
certificate and the owner's duplicate certificate for making 
such memorandum of sale of lots. 

Section 7. This act shall take effect upon its passage. 

Approved May 23, 1900. 



Ch(X1).355 -^ -^^^ ^*-* IXCOUPORATE THE BEN FRANKLIN LIFE INSURANCE COM 

PANY OF BOSTON. 



Ben Franklin 
Life Insurance 
Company in- 
corporated. 



Guaranty capi- 
tal stocl:. 



Directors, elec- 
tion, etc. 



Be it enacted, etc., as folloios: 

Section 1. William Cogswell, Henry B, Dillenback, 
James F. Dickey and George W. Anderson, their asso- 
ciates and successors, are hereby made a corporation by 
the name of the Ben Franklin Life Insurance Company 
of Boston, to be located in the city of Boston ; and said 
corporation is hereby granted all the powers, rights and 
privileges and is made subject to all the duties, restrictions 
and liabilities set forth in all general laws now or hereafter 
in force applicable to domestic life insurance corporations 
and not inconsistent with this act. 

Section 2. There shall be an original guaranty capital 
stock of the said corporation of five hundred thousand 
dollars, divided into shares of one hundred dollars each, 
all of which shall be subscribed for and paid in in money 
before the said corporation shall issue a policy of insur- 
ance. The funds of the company shall be chargeable with 
all its liabilities, except the guaranty capital, which shall 
not be deemed a liability in determining the financial con- 
dition thereof. 

Section 3. At the first meeting of the corporation 
eight directors shall be chosen by the subscribers to the 
guaranty capital stock, who shall hold office for one year 
and until others shall be chosen in their stead. At all 
subsequent elections of directors the number shall be such 



Acts, 1900. — Chap. 356. 281 

as shall be provided by by-law of the corporation ; and in 
case there be no provision on this subject the number shall 
be eight, one half of whom shall be elected by the sub- 
scribers to the guaranty capital stock and the other half 
by the assured, voting in separate bodies. The directors 
shall all be either stockholders or assured, and on ceasing 
to be such shall cease to hold such office. 

Section 4. Whenever the net surplus of the corpora- Dividends. 
tion shall be sufficient for the purpose the stockholders 
shall be entitled to an annual dividend of eight per cent, 
and in case of such dividend not being made in any one 
3'ear it shall be made good at a subsequent period, when 
the net sur[)lus shall be sufficient therefor. 

Section 5. After providing for risks, losses, inci- Reserve fund. 
dental expenses and dividends as aforesaid the directors 
shall set apart one fourth of the estimated net surplus as 
a reserve fund, to be applied to the redemption of the 
guaranty capital stock in whole or in part as the assured 
may by vote direct whenever after the expiration of ten 
years from the time of the organization of the company 
the amount of such fund shall be sufficient for the purpose 
and the assured shall so vote. 

Section 6. Upon the redemption and extinction of Directors to be 

, . ^ ^ 1 T 1 • • <• • chosen by as- 

the guaranty capital stock under the provisions or section ^vired upon re- 
five of this act the directors shall be chosen by the assured. L'»'aramy °api- 

Approved May 25, 1900. 



Chap.S56 



An Act to legalize the proceedings of the town of dracut at 
its annual town meeting. 

Be it enacted, etc. , as follows : 

Section 1. The proceedings of the town meeting Proceedings of 
held in the town of Dracut on the fifth day of March in orlcuTfegLl^''^ 
the year nineteen hundred shall not be invalid by reason '^®'^- 
of any variance between the warrant for said meeting and 
the posted copies thereof, or by reason of any failure to 
post said copies in the places designated in the warrant, 
or by reason of any error or informality in the return of 
the officer to whom said warrant was directed, or in his 
doings thereon. 

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

Approved May 31, 1900. 



282 Acts, 1900. — Chaps. 357, 358, 359. 



QJia7).357 ^^ ^CT RELATIVE TO THE HOURS OF LABOR FOR CITY AND TOWN 

EMPLOYEES. 

Be it enacted, etc., as follows: 

l^ndtd^^' Section three of chapter three hundred and forty-four 

of the acts of the year eighteen hundred and ninety-nine 
is hereby amended by striking out the whole of said sec- 

whentotake tiou and inserting in place thereof the following: — Sec- 

effect C? l ^ ^ c7 

tion 3. This act shall take effect in any city or town upon 
its acceptance by a majority of the voters present and vot- 
ing thereon by ballot at any annual election thereof, and 
it shall be submitted for such acceptance upon the petition 
of one hundred or more registered voters of any city, or 
of twenty-five or more registered voters of any town, filed 
with the city or town clerk thirty days or more before any 
annual election. Apjyroved May 31, 1900. 

C!Jia7).35S ^^ -'^^'^ '^'^ RATIFY THE EXISTING INDEBTEDNESS OF THE FOXBOR- 
OUGII WATER SUPPLY DISTRICT AND TO AUTHORIZE THE REFUND- 
ING OF A PART THEREOF. 

Be it enacted, etc., as follows : 
Indebtedness of Section 1. The indebtedness of the Foxborough Water 
Water Supply Supply Dlstiict for loans known as Foxborough W'^ater 
firmed.* ''°°" Loan is hereby ratified, legalized and confirmed. 
May issue notes SECTION 2. The Foxborougli Water Supply District 

or boDus, . , , " L L %/ 

is hereby authorized to issue notes or bonds to the amount 
of nine thousand dollars, for the purpose of refunding a 
like amount of notes now held by the treasurer of the 
Commonwealth, in accordance with the vote of said dis- 
trict passed at its annual meeting on the fifteenth day of 
January in the year nineteen hundred. 

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

Approved May 31, 1900. 



Chap 



^359 -^ ^CT TO PROTECT MILK DEALERS AND CONSUMERS AGAINST THE 
UNLAWFUL USE AND DESTRUCTION OF MILK CANS AND OTHER RE- 
CEPTACLES. 

Be it enacted, etc., as folloivs : 
Description of Section 1. All persous and corporations engaged in 

marks, devices, . i i. . .n • ~ ~ . 

etc., on certain buyiiig, sclimg or dealuig m milk or cream in cans, jugs, 
m^y be filed ^'' bottlcs or jars, with their names or other marks or devices, 
and published, together with the word " registered", branded, engraved, 



Acts, 1900.— Chap. 359. 283 

blown or otherwise produced in a permanent manner in or 
upon such cans, jugs, bottles or jars, may file in the office 
of the clerk of the city or town in which their principal 
place of business is situated, and also in the ofiice of the 
secretary of the Commonwealth, a description of the name 
or names, mark or marks, device or devices so used by 
them, and cause such description to be published once 
each week for four weeks successively in a newspaper 
published in the city or town in which said description 
has been filed as aforesaid, except that where there is no 
newspaper published in such city or town then such pub- 
lication may be made in any newspaper published in the 
county in which such city or town is situated. 

Section 2. Whoever without the consent of the owner Penalty for the 
takes, detains or uses in his business, sells, disposes of, ""e "etc°."ot^ cer- 
buys, conceals or traffics in any milk can, jug, bottle or -ug" '"Jtc''. *''*°^' 
jar, the owner of which has complied with the provisions 
relating thereto in section one of this act, shall be punished 
for the first oflence by a fine not exceeding five dollars, 
or by imprisonment in the house of correction for a term 
not exceeding sixty days, for each can, jug, bottle or jar 
so taken, detained or used in his business, sold, disposed 
of, bought, concealed or trafficked in, and for any subse- 
quent oflence by a fine not exceeding ten dollars, or by 
imprisonment in the house of correction for a term not 
exceeding six months, for each can, jug, bottle or jar so 
taken, detained or used in his business, sold, disposed of, 
bouo;ht, concealed or trafficked in as aforesaid. Posses- PosRession to 

• • • • ft t 

sion by any person in the transaction of his business of pr"n5a "acie 
any such article the owner of which has complied with ^g'iu cases? """ 
the provisions of section one of this act shall constitute 
prima facie evidence of the unlawful taking, use, detention, 
possession of or traffic in the same within the meaning of 
this act. 

Section 3. Whoever without the consent of any owner Penalty for the 
who has complied with the provisions of section one of this destiucu^on! 
act wilfully destroys, mutilates or defaces any can, jug, oTcerta'in°can8'i"' 
bottle or jar bearing such owner's name, mark or device, jus«. etc. 
or wilfully erases, mars, covers or changes any word or 
mark branded, engraved, blown or otherwise produced, 
in a permanent manner in or upon any such can, jug, 
bottle or jar, shall be punished for the first offence by a 
fine not exceeding five dollars, or by imprisonment in the 
house of correction for a term not exceeding sixty days, 



284 Acts, 1900. — Chap. 359. 

for each can, jug, bottle or jar so destroyed, mutilated or 
defaced, or for each can, jug, bottle or jar upon which 
any word or mark has been erased, marred, covered or 
changed as aforesaid ; and for any subsequent offence by a 
fine not exceeding ten dollars, or by imprisonment in the 
house of correction for a term not exceeding six months, 
for each can, jug, bottle or jar so destroyed, mutilated or 
defaced, or for each can, jug, bottle or jar upon which any 
Avord or mark has been erased, marred, covered or changed 
as aforesaid. 
Penalty for SECTION 4. Whoevcr puts unv unclean or foul sub- 

milk cane, jugs, stauce or matter into any milk can, jug, bottle or jar, the 
owner of which has complied with the provisions of section 
one of this act, shall be punished for the first oftcnce by a 
fine of not less than fifty cents nor more than five dollars, 
for each can, jug, bottle or jar so defiled ; and for any 
subsequent olfence by a fine of not less than two dollars 
nor more than twenty dollars, for each can, jug, bottle or 
jar so defiled. 
Proceedings to Section 5. Whenever any person or corporation hav- 
obtain certain ing Complied witli the provisions of section one of this act, 
^c.^w'iong."^''' or the agent of any such person or corporation, shall make 
posseisil'^rof oath before any justice of any municipal, police or district 
certain persons, court, or bcforc any trial justice, that he has reason to 
l^elieve and does believe that any person or corporation 
has wrongfully in possession or is secreting any of his or 
its milk cans, jugs, bottles or jars, marked and described 
as provided in section one of this act, said justice or trial 
justice shall, if satisfied that there is reasonable cause for 
such belief, issue a search warrant to discover and obtain 
the same, and may also cause to be brought before him 
the person or an agent or employee of the corporation in 
whose possession such cans, jugs, bottles or jars are found, 
and shall thereupon inquire into the circumstances of such 
possession ; and if said justice or trial justice finds that 
such person or corporation has been guilty of a wilful 
violation of sections two, three or four of this act he shall 
impose the penalty prescribed in the section or sections so 
violated, and shall also award to the owner possession of 
the property taken upon such search warrant. 

Section 6. This act shall take effect upon its passage. 

Approved May 31, 1900. 



Acts, 1900. — Chaps. 360, 361. 285 



An Act to provide kok the distribution and sale of the rjhn'rf 3Q0 

ATLASES OF THE BOUNDARY LINES OF THE CITIES AND TOWNS OF '^ 

THIS COMMONWEALTH. 

Be it enacted y etc., as follows : 

Section 1. The commissioners on the topographical ^'ie'o?a"a°e8°'^ 
survey and map of Massachusetts are hereby directed to «; boundary 
make the following disposition of the atlases of the boun- and towns. 
dary lines of the various cities and towns in the Common- 
wealth : — As soon as the atlas of a city or town is 
published two copies shall be delivered to the city or town 
clerk for the use of the city or town officers, one copy to 
each public library in the city or town, one copy to the 
secretary of the Commonwealth, one copy to the state 
library, one copy to the commissioner of public records, 
one copy to the Boston public library, one copy to the 
United States geological survey, and ten copies shall be 
retained by the commissioners, to be distributed as they 
may deem best. The remainder shall be sold by said 
commissioners at such prices as may be fixed by them, 
the proceeds of such sales to be paid into the treasury of 
the Commonwealth. 

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

Aiyproved May 31, 1900. 

An Act making appropriations for the care and maintenance /^^^^ Qa~\ 
OF reservations, boulevards and parkways under the con- -^' 

TROL OF the metropolitan PARK COMMISSION. 

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, to meet expenses 
during the year ending on the thirty-first day of Decem- 
ber in the year nineteen hundred. 

For care of reservations under the control of the metro- Care of certain 
politan park commission, a sum not exceeding eighty-five ''«*®''^""°°^- 
thousand dollars. 

For the care and maintenance of boulevards and park- care.etc., of 

, /• 1 T • . certain boule- 

ways in charge of the metropolitan park commission, a vards and park- 
sum not exceeding forty-five thousand dollars. '^°^^' 

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

Approved May 31, 1900. 



286 Acts, 1900. — Chaps. 362, 363. 



CAflI>.362 -^^ ^^'^ '^^ PROVIDE FOR THE COMPLETION AND DECORATION OF 

MEMORIAL HALL IN THE STATE HOUSE. 

Be it enacted, etc., as folloivs: 
Completion and Yov the Completion and decoration of Memorial Hall 

decoration o' ■, , , , , i i • 

Memorial Hall and the approachcs thereto the governor, the lieutenant 

In the Btate i j i , j ^ '~j j • • ■ 

house. governor and the state house construction commissioners 

are hereby authorized to use the whole or any part of the 
balances remaining from the State House Construction 
Loan Fund and the State House Loan Fund, 1901, in 
addition to any unexpended part of the appropriation for 
Memorial Hall. The decorations herein provided for 
shall consist, so far as paintings are concerned, of subjects 
connected with the history of Massachusetts. 

AjJproved May 31, 1900. 

(7/iCl7?.363 -'^^ ^^T KELATrV'E TO LIFE INSURANCE. 

Be it enacted, etc., as follows: 

amended^"' SECTION 1. Scctiou elcvcn of chapter fivc huiidrcd and 

twenty-two of the acts of the year eighteen hundred and 

ninety-four is hereby amended by striking out the whole 

of said section and inserting in place thereof the foUow- 

comra'i88k)ner ^^^g ■ — fSecfion 11. Hc shall each year compute the 

to value policies rescrvc liability on the thirty-first day of December of 

of life corn- */ »/ 

panies annually, the preceding j'car of every company authorized to make 
insurance on lives in this Commonwealth, in accordance 
with the rules following, namely : — 

?a"uau°on. Fli'st. The uct valuc on the last day of December of 

the preceding year of all outstanding policies of life in- 
surance in the company issued before the first day of 
January in the year nineteen hundred and one shall be 
computed upon the basis of the " Combined Experience" 
or "Actuaries' Table" of mortality, with interest at four 
per cent per annum. 

Second. The net value on the last day of December of 
the preceding yeax of all outstanding policies of life in- 
surance issued after the thirty-first day of December in 
the year nineteen hundred shall be computed upon the 
basis of the "American Experience Table" of mortality, 
with interest at three and one half per cent per annum : 
provided, however, that any such life insurance company 
may at any time elect to reserve upon a three per cent 
basis, and thereupon its policies issued upon such reserve 



Acts, 1900.— Chap. 363. 287 

shall be computed upon the basis of the " American Ex- 
perience Table " of mortality, with interest at three per 
cent per annum. 

Third. In every case where the actual premium charged 
for an insurance is less than the net premium for such 
insurance, computed according to its respective tables of 
mortality and rate of interest aforesaid, the company shall 
also l)c charged with the value of an annuity, the amount 
of which shall equal the difference between the premium 
charged and that required by the rules above stated, and 
the term of which in years shall equal the number of future 
annual payments due on the insurance at the date of the 
valuation. 

Fourth. The aggregate net value so ascertained of all 
the policies of any such company shall be deemed its 
reserve liability, to provide for which it shall hold funds 
in secure investments of an amount equal to such net 
value above all its other liabilities. 

To determine the liability upon its contracts of insur- Rule for com- 
ance of an insurance company, other than life and real rerte^ive"for 
estate title insurance, and the amount such company shall poucy uabfiuy. 
hold as a reserve for reinsurance, he may take fifty per 
cent or the actual unearned portion of the premiums 
written in its policies ; but in respect to marine risks he 
shall compute the liability thereon by charging sixty per 
cent of the amount of premiums written in its policies 
upon yearly risks, and upon risks covering more than one 
passage not terminated, and the full amount of premiums 
written in policies upon all other marine risks not ter- 
minated : provided, that in the case of foreign fire and Proviso. 
marine insurance companies with less than three hundred 
thousand dollars capital, admitted to transact fire insurance 
only in this Commonwealth, the full amount of premiums 
written in their marine and inland navigation and trans- 
portation insurance policies shall be charged as liability. 

He shall allow to the credit of an insurance company what assets are 
in the account of its financial condition only such assets 
as are immediately available for payment of losses in Mas- 
sachusetts, but may credit any deposits or funds of the 
company set apart as security for a particular liability 
in set-off to the amount charged on account of such lia- 
bility. 

He shall not allow stockholders' obligations of any de- Not to aiiow 
scription as part of the assets or capital of any stock in- ow^gat'ioDs'^^ 

unless secured. 



288 



Acts, 1900. — Chap. 363, 



1894, 522, § 75, 
amended. 



Distribution of 
surplus. 



1894, 522, § 76, 
amended. 



Non-forfeiture 
of policies. 



Paid up and 
cash surren- 
der values, etc. 



surance company, unless the same are secured by competent 
collateral. 

Section 2. Section seventy-five of said chapter five 
hundred and twenty-two is hereby amended by striking 
out the whole of said section and inserting in place thereof 
the following : — Section 75. The directors of any do- 
mestic life insurance company, out of the funds remaining 
after providing for the reserve required under section 
eleven, and for all other liabilities, may from time to time 
make to policy holders not in arrears distributions of sur- 
plus not inconsistent with the terms of their policies. 
Such distributions to policy holders shall be made upon 
the contribution to surplus plan. 

Section 3. Section seventy-six of said chapter is 
hereby amended by striking out the whole of said section 
and inserting in place thereof the following : — Section 76. 
All policies issued prior to the first day of January in the 
year nineteen hundred and one by any domestic life in- 
surance company shall be subject to the provisions of law 
limiting forfeiture, applicable and in force at the date of 
their issue. No policy of life or endowment insurance 
issued by any such company after the thirty-first day of 
December in the year nineteen hundred shall become for- 
feit or void for non-payment of premium after three full 
annual premiums have been paid thereon ; but in case of 
default in the payment of any subsequent premium, then 
without any further stipulation or act such policy shall 
be binding upon tlje company for the amount of paid up 
insurance which the then net value of the policy and 
all dividend additions thereon, computed by the rule of 
section eleven, less any indebtedness to the company on 
account of said policy, and less the surrender charge pro- 
vided herein, will purchase as a net single premium for 
life or endowment insurance maturing or terminating at 
the time and in the manner provided in the original policy 
contract ; and such default shall not change or affect the 
conditions or terms of the policy, except as regards the 
payment of premiums and the amount payable thereon. 
Said surrender charge, unless fixed at a smaller rate by 
the policy, shall be five per cent of the present value of 
the future net premiums at the date of default, which by 
its terms said policy is exposed to pay in case of its con- 
tinuance, computed upon the rate of mortality and interest 
assumed in section eleven. But any company may con- 



Acts, 1900. — Chap. 364. 289 

tract with its policy holders to furnish, in lieu of the paid 

up insurance provided for in this section, any other form 

of life insurance lawful in this Commonwealth, of not less 

value. Every such paid up policy shall have a cash Certain policies 

surrender value, which shall be its net value, less any in- Buriende/vaiuc. 

debtedness to the company on account of said policy, and 

every policy which by its own terms has become paid up 

shall have a cash surrender value, which shall be its net 

value, less five per cent of one net premium, and the holder 

of any paid up policy may upon any anniversary of its 

issue surrender the same and claim and recover from the 

company such surrender value in cash. But no surrender 

of a policy shall be made without the written assent of the 

person to whom the policy is made payable. On policies Payment to be 

of prudential or industrial insurance on which the weekly '°'^''" '^°' 

premiums are not more than fifty cents each the surrender 

value shall in all cases be payable in cash, which shall be 

a legal claim for not more than two years from the date 

of lapse. Any condition or stipulation in the policy or 

elsewhere contrary to the provisions of this section, and 

any waiver of such provisions by the insured, shall be void. 

Section 4. So much of any act as is inconsistent here- Repeal, etc 
with is hereby repealed ; but nothing herein shall be taken 
to afiect or repeal chapter two hundred and twenty-nine 
of the acts of the year eighteen hundred and ninety-nine. 

Section 5. This act shall take eifect upon its passage. 

Approved June 1, 1900. 

Ax Act to authorize the city oe quixcy to expend certain (7/ia».364 

MONEY FOR SEWER COXSTRUCTIOX. 

Be it enacted, etc., as follows : 

Section 1. The city of Quincy, for the purpose of ^ifi'a^t" Te"'^ 
extendinor its system or systems of sewers, is hereby au- ineuopoiitan 

iT' .' .J ^ i-i I'l sewerage coni- 

thorized to expend any sums ot money which may be paid missioners may 

• . 1 be exD6nded 

to it by the metropolitan sewerage commissioners for the for sewer ex. 
taking or sale of any of the city's property for the pur- tension, ec. 
poses of the south metropolitan sewer district. Chapter 
two hundred and seventy-nine of the acts of the year 
eighteen hundred and ninety-five and any act in amend- 
ment thereof shall apply to such expenditures, except as 
may be provided otherwise herein. 

Section 2. The city of Quincy is hereby authorized J;;^^*^^^"^^^;..^ 
to expend from time to time for the further extension of may be ex- 



290 



Acts, 1900. — Chap. 365. 



pended for 
eewer exten- 
sion. 



Repeal. 



its system or systems of sewers any and all rates, assess- 
ments, and payments made in lieu thereof, received under 
said chapter two hundred and seventy-nine or any act in 
amendment thereof, and any other income which may be 
received from the sale of sewer property or in settlement 
of any claims or damages relating thereto : provided^ 
that the city shall first pay from its receipts from said 
rates, assessments, and payments made in lieu thereof, all 
charges for the maintenance and operation of said system 
or sj'stems and the interest upon all bonds, notes or scrip, 
and the debt becoming due, issued or incurred under au- 
thority of said chapter two hundred and seventy-nine. 

Section 3. So much of any act as is inconsistent 
herewith is hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved June 1, 1900. 



Ch(l7).3G5 ^^ ^CT TO AUTHORIZE THE CITY OF WORCESTER TO ACQUIRE ADDI- 
TIOXAL LAKD AND RIGHTS FOR THE PURPOSE OF INCREASING ITS 
WATER SUPPLY. 



May take cer- 
tain lands, ease- 
ments, etc., for 
increase of 
water supply. 



By whom cer- 
tain rights, 
powers, etc., 
shall be exer- 
cised. 



Worcester 
Water Scrip. 



Be it enacted, etc. , as foHoivs : 

Section 1. The city of Worcester, for the purpose of 
building and maintaining additional dams, reservoirs and 
aqueducts upon its sources of water supply heretofore 
acquired, and of preserving and protecting the purity of 
the water, may take by purchase or otherwise, and hold 
in fee or otherwise, such lands upon which shall be no 
buildings at the time of such taking or purchase, ease- 
ments and rights of way in the towns of Holden, Paxton 
and Leicester, as the city council of the city of Worcester 
may from time to time adjudge necessary. 

Section 2. The rights, powers and authority given 
by this act shall be exercised by the city of Worcester by 
the same officers in whom are vested the rights, powers 
and authority given by chapter one hundred and four of 
the acts of the year eighteen hundred and sixty-four ; and 
said city shall be entitled to all the rights and subject 
to all the duties and liabilities set forth in chapter three 
hundred and sixty-one of the acts of the year eighteen 
hundred and seventy-one, to be enforced in the manner 
provided in said chapter. 

Section 3. The city of Worcester, for the purpose of 
defraying all costs and expenses incident to the acts herein 



Acts, 1900. — Chaps. 366, 367. 291 

authorized, and of reconstructing and improving its exist- 
ing dams and reservoirs, and for any other necessary 
expenditures in connection with the improvement, de- 
velo}>nicnt and extension of its water works, is hereby 
authorized to borrow from time to time such sums of 
money as the city council of said city shall vote, not ex- 
ceeding in all one million dollars, and to issue therefor its 
notes, bonds or certificates of indebtedness, which shall be 
denominated on the face thereof, Worcester Water Scrip, 
and shall l)e payable at such time or times and shall bear 
such rate of interest as said council may determine, and 
shall not be reckoned in ascertaining the limit of indebt- 
edness of said city, and, except as herein otherwise 
provided, shall be subject to the provisions of chapter 
twenty-nine of the Public Statutes and of acts in addition 
thereto and in amendment thereof. 

Section 4. This act shall take eftect upon its passage. 

Api:)roved June i, 1900. 



Chap.366 



An Act to legalize the election of library trustees by the 
town of uracut. 

Be it enacted, etc., cis folloivs : 

Section 1. The election of the trustees of the town Eiecuonof 

Ti !• T-x 1 , ,1 1 , 1- • ji library trustees 

library ot Dracut at the annual town meetmg in the year by town of 
nineteen hundred is hereby legalized. i^ed?"^*^^' 

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

Approved June 1, 1900. 



ChapMl 



An Act to revise the charter of the city of lynn. 
Be it enacted, etc., as folloivs : 

Section 1. The inhabitants of the city of Lynn shall cuyofLynn. 
continue to be a municipal corporation, under the name 
of the City of Lynn, and as such shall have, exercise and 
enjoy all the rights, immunities, powers and privileges, 
and shall be subject to all the duties, liabilities and obli- 
gations provided for herein or otherwise pertaining to or 
incumbent upon said cityas a municipal corporation. 

Section 2. The government of the city and the gen- Management of 
eral management and control of all the fiscal, prudential "ffa^K.^ete. 
and municipal affairs thereof shall be vested in a single 
officer, to be called the mayor, and in a legislative body, 
to be called the city council, except however that the 



292 Acts, 1900.— Chap. 367. 

general management and control of the public schools of 
the city and of the buildings and property pertaining to 
such schools shall be vested in a school committee. 

Seven wards. SECTION 3. The territory of the city shall continue 

to be divided into seven wards, which shall retain their 
present boundaries until the same shall be changed under 
the general law relating thereto, in any year fixed by law 
for a new division of wards in cities, by vote of the city 
council, approved by the mayor, at or prior to the mak- 
ing of such division ; but the number of wards shall never 
be less than seven. 

fuTuflId voters. Section 4. All mcctings of tlic qualified votcrs of tlic 
city for the purpose of voting at elections and for other 
municipal or legal purposes shall be called in the manner 
provided by law. 

uo'n°Lndmunic'. Section 5. The municipal election shall take place 

ipaiyear. annually on the second Tuesday of December, and the 

municipal year shall begin at half past seven o'clock in 
the evening on the first Monday of January and continue 
until half past seven o'clock in the evening on the first 
Monda}' of the following January. 

cIucuseT""^ ^°' Section 6. The city shall have power to expend 
money for hiring ward rooms to be used for caucuses of 
its citizens to nominate candidates preliminary to elections. 

mayorTmem- SECTION 7. At the muulcipal elcctiou the qualified 

bersofcity votcvs sliall, in the several wards, o-ive in their votes by 

COUDCll, 6tc. ■' O */ 

ballot for mayor and for members of the city council and 
of the school committee, or for such of them as are to be 
elected, and the person receiving the highest number of 
votes for any oSice shall be deemed and declared to be 
elected to such office ; and whenever two or more persons 
are to be elected to the same office the several persons up 
to the number required to be chosen receiving the high- 
est number of votes shall be deemed and declared to be 
elected. 
JmlToI mayor Section 8. If it shall appear that there is no choice 
or in city coun- of mayor, or if the person elected to that office shall refuse 
to accept the office, or shall die before qualifying, or if a 
vacancy in the office shall occur more than six months 
previous to the expiration of the term of office, the board 
of aldermen shall forthwith cause warrants to be issued 
for a new election, and the same proceedings shall be had 
in all respects as are hereinbefore provided for the elec- 
tion of mayor ; and such proceedings shall be repeated 



Acts, 19(X\ — Chap. 367. 293 

until the election of a mayor ia completed. If the full 
numher of members of the city council then required to 
be chosen shall not be elected at the annual municipal 
election, or if a vacancy in the office of a member thereof 
shall occur more than six months previous to the expira- 
tion of his term of office, the board of aldermen shall forth- 
with cause a new election to be held to fill the vacancy. 
In case a vacancy in the ofBce of mayor or of a member of 
the city council shall occur within the six months previous 
to the expiration of his term of office the city council may, 
in its discretion, order a new election to be held to fill the 
vacancy. 

Sectiox 9, General meetings of the inhabitants of the General meet- 
city may from time to time be held according to the right tams?^ '°^''''' 
secured to the people by the constitution of the Common- 
wealth, and such meetings shall be duly warned by the 
mayor and aldermen upon the request in writing of one 
hundred qualified voters setting forth the purpose thereof. 

Section 10. The city council shall be composed of ^ig^tio°n""erm 
two branches, one of which shall be called the board of etc. 
aldermen and the other the common council. The board 
of aldermen shall be composed of eleven members, who 
shall be elected annually, at large, by and from the quali- 
fied voters of the city : — One from ward one, one from 
ward two, two from ward three, two from ward four, 
two from ■ ward five, two from ward six and one from 
ward seven. The common council shall be composed of 
twenty-five members, who shall be elected annually from 
the qualified voters of each ward : — One from ward one, 
two from ward two, five from ward three, five from w^ard 
four, five from ward five, five from ward six and two from 
ward seven, and they shall hold office for the municipal 
year next succeeding their election. The city council 
may in any year fixed by law for a new division of wards 
apportion the members of the common council among the 
several wards as nearly as may be on the basis of popula- 
tion, and the qualified voters of each ward shall elect from 
among their number as many members of the common 
council as shall be apportioned to the ward. 

Section 11. The mayor elect and the members elect oath of office of 

/•I • Mill ji /^vAT 1 'T mayor and 

ot the city council shall on the first jNlonday in January memberBof 
succeeding their election, at half past seven o'clock in the etc*! ''""'^" ' 
evening, assemble and be sworn to the faithful discharge 
of their duties by the city clerk or by any justice of the 



294 Acts, 1900. — Chap. 367. 

peace. In case of the absence of the mayor elect on the 
first Monday in January, or if a mayor shall be elected 
subsequently, the oath of office may at any time thereafter 
be administered to him in presence of the city council ; 
and at any time after the first Monday in January the oath 
of office may be administered in presence of either branch 
of the city council to any member of such branch who 
was absent on the first Monday in January, or who shall 
be subsequently elected. A certificate that such oath has 
been taken by the mayor shall be entered in the journal 
of both branches of the city council, and in the journal of 
each branch shall be entered a certificate that the oath has 
so been taken by the members of that branch. 
Sb'mnch°of Section 12. Immediately after the oaths of office have 
city council, bccu administered each branch of the city council shall 

etc. • • . 

meet and organize by the election by ballot of a president, 
and no other business shall be in order until a president 
has been chosen. In the absence of the mayor the presi- 
dent of the board of aldermen shall preside at all meet- 
ings of the board and in joint convention of both branches 
of the cit}^ council. The city clerk shall also be the clerk 
of the board of aldermen, but in case of his temporary 
absence or of a vacancy in the office the board of alder- 
men may elect a temporary clerk by ballot, who shall be 
sworn to the faithful discharge of his duties and may act 
as clerk of the board until a city clerk is chosen and 
qualified. The common council shall elect its own clerk, 
who shall be sworn to the faithful discharge of his duties 
in the presence of the common council. Each clerk shall 
attend the sessions of the branch for which he is elected, 
shall keep a record of its proceedings, and shall perform 
Certain officers such further scrvice as such branch may require. The 
moved, etc. president of the board of aldermen may be removed from 
office by the affirmative vote of three fourths of all the 
members of said board. The president and clerk of the 
common council may each be removed by the affirmative 
vote of three fourths of all the members of the common 
council. In case of the temporary absence or disability 
of the city clerk the board of aldermen may elect a city 
clerk pro tempore, who shall be duly sworn. In case of 
a vacancy in the office of city clerk the same shall be 
filled by the city council. 
dty^co^inciuo^ Section 13. Each brauch of the city council shall be 
determine rules judge of the clectiou and qualifications of its members, 

for lie proceed- •' o i 

ings, etc. 



Acts, 1900. — Chap. 367. 295 

shall determine the rules for its proceedings, and may ap- 
point such assistant clerks and other officers as may be 
necessary for the proper conduct of its business. 

Section 14. The mayor may at any time call a special special meet- 

., ^ . ., , , ,. ings of city 

meetmg ot the city council, or ot either branch thereoi, council. 
and shall call a special meeting of either branch upon the 
request in writing of one third of the members of that 
branch. Such request shall state the subjects to be con- 
sidered at the meeting. The mayor shall cause a written 
notice of any meeting called under this section, stating 
the subjects to be considered thereat, to be left at the 
residence of each member previous to the time appointed 
for the meeting, and no final action shall be taken at such 
special meeting on any business not stated in the notice. 

Section 15. In each branch of the city council a Quorum, etc. 
majority of the whole number of members provided to be 
elected shall constitute a quorum for the transaction of 
business, but a smaller number may adjourn from time to 
time. The two branches shall sit separately for the trans- 
action of all business, except as herein otherwise provided, 
and shall not both take action on the same day upon a 
matter involving the appropriation or expenditure of 
money, except by the votes of two thirds of the members 
of each branch present and voting thereon by a yea and 
nay vote. 

Section 16. The city council shall by ordinance deter- salary of 
mine the salary of the mayor, and may in like manner '^^^°'^' 
change such salary from time to time, but no ordinance 
changing the salary shall take effect until the municipal 
year succeeding that in which the ordinance is passed. 

Section 17. The city council may by ordinance pro- salaries of mem. 
vide for the payment of salaries to the members of either councii.^'etc. 
branch of the city council, but no ordinance establishing 
a salary or increasing a salary already established shall 
take effect until the municipal year succeeding that in 
which the ordinance is passed. The existing salaries of 
the members of the board of aldermen are hereby legalized. 

Section 18. All votes of the city council making votes of city 
appropriations or loans of money shall be by a yea and app^pri^ti^'ns^ 
nay vote and in itemized form, and when l)rought before ®*°' 
the city council, on recommendation of the committee on 
finance, as provided in section thirty-one of this act, no 
item of the appropriation or loan in excess of the amount 
recommended by the committee on finance shall be passed, 



296 



Acts, 1900. — Chap. 367. 



Certain sittingB 
of board of 
aldermen may 
be private. 



Members of 
city council not 
to liold other 
city offices, etc. 



City council 
may establish 
ordinances, 
affix penalties, 
etc. 



Certain ordi- 
nances legal- 
ized, etc. 



Streets, high- 
ways, etc. 



City council, 
powers and 
duties. 



except by the affirmative votes of two thirds of the mem- 
bers of each branch present and voting thereon. 

Section 19. The board of aldermen may hold private 
sittings for the consideration of nominations by the mayor, 
but all other sittings of either branch, or in joint conven- 
tion, shall be public, and all votes on confirmation of 
appointments by the mayor shall be taken in public. 

Section 20. No member of the city council shall during 
the term for which he is elected hold any other office or 
position the salary or compensation for which is payable 
from the city treasury, nor shall he act as counsel or 
attorney before the city council, or before either branch, 
or before any committee thereof. 

Section 21. The city council shall have power within 
said city to make and establish ordinances and affix pen- 
alties for the violation thereof, as herein or by general 
law provided, without the sanction of any court or of any 
justice thereof. All ordinances so made and established 
shall be published forthwith in one or more newspapers 
designated by the mayor, and they shall, unless they con- 
tain an express provision for a later date, take eftect at 
the time of their approval by the mayor, or, if a penalty 
for their violation is provided, at the expiration of thirty 
days from the date of such approval. The ordinance en- 
titled "An ordinance for the prevention of lire and the 
preservation of life " passed on the twenty-sixth day of 
June in the year eighteen hundred and eighty-eight, and 
all ordinances in amendment thereof, are hereby legalized, 
and the same may be amended from time to time by the 
city council. 

Section 22. The city council shall, subject to the 
approval of the mayor, have exclusive authority to order 
the laying out, locating anew and discontinuing of, and 
the making of specific repairs in, all streets, highways and 
other ways within the limits of the city, to assess the 
damages sustained thereby by any person, and, except as 
otherwise provided herein, to act in matters relating to 
such laying out, locating anew, altering, discontinuing or 
repairing ; but in all such matters action shall tirst be 
taken by the board of aldermen. 

Section 23. Except as otherwise provided herein the 
city council shall in general have and exercise the legisla- 
tive powers of towns and of the inhabitants thereof, and 
shall have all the powers and authority given to city 



Acts, 1900. — Chap. 3GT. 297 

councils under the general laws of the Connnonwealth, 
and 1)0 subjoet to the diiticH imposed on city councils; 
and the board of aldermen shall have and exercise all the 
powers, other than executive, given to the selectmen of 
towns, and shall have all the powers and authority given 
to boards of aldermen of cities, and shall be subject to the 
duties imposed upon such boards. 

Section 24. The mayor shall be elected annually from Mayor, election, 
the qualitied voters of the city, and shall hold office for ^'''' 
the municipal year next succeeding his election and until 
his successor is elected and qualitied, except that when 
elected to fill a vacancy he shall hold office only for the 
unexpired term and until his successor is elected and 
qualified. 

Section 25. The mayor shall be the chief executive Executive 
officer of the city, and the executive powers of the city i^n mlyol^etc*? 
shall be vested in him and be exercised by him, either ^ 

personally or through the several officers and boards in 
their respective departments, under his general super- 
vision and control. He may preside in joint convention 
of both branches of the city council. 

Section 26. The mayor shall conmiunicate to the city Enforcement of 
council or to either branch such information and shall '^'^^'®°' 
recommend such measures as in his judgment the interests 
of the city require ; shall cause the laws, ordinances and 
orders for the government of the city to be enforced; and 
shall secure an honest, efficient and economical conduct 
of the executive and administrative business of the city, ^ 

and the harmonious action of the difierent administrative 
and executive departments. 

Section 27. In case of a vacancy in the office of mayor, w^hoshaiiact 
or of his resignation, or of his absence from the Common- vacancy^n 
wealth or inability from any cause to perform the duties o|^ce of mayor, 
of his office, the president of the board of aldermen shall, 
under the style of acting mayor, exercise the powers and 
perform the duties of mayor, and in the absence of both 
the mayor and the president of the board of aldermen the 
president of the common council shall, under the style of 
acting mayor, exercise the powers and perform the duties 
of mayor, except that such acting mayor shall not, unless 
authorized thereto in a special instance by the city coun- 
cil, make any removal from office or permanent appoint- 
ment, nor shall he, unless such disability of the mayor 
has continued at least ten days, or unless the office of 



298 



Acts, 1900. — Ciiap. 367. 



Mayor to ap- 
point certain 
officers, etc. 



Mayor to call 
together heads 
of departments 
for consultation 



Committee on 
finance, powers 
and duties. 



Sums appropri- 
ated for a 
specifio pur- 
pose not to be 
expended for 
any other pur- 
pose, etc. 



mayor has become vacant, have power to approve or dis- 
approve any ordinance, order, resolution or vote of the 
city council. 

Section 28. The mayor shall appoint, subject to con- 
firmation by the board of aldermen, all the officers of the 
city herein named, unless their election or appointment 
is otherwise provided for herein. Xo appointment made 
by the mayor shall be acted upon by the board of aldermen 
until the expiration of one week from the time when the 
appointment is transmitted to the board, except by a vote 
of four fifths of the members of the board present and 
voting thereon. Any officer so appointed may be removed 
by the mayor, with the approval of the board of aldermen. 

Section 29. The mayor shall as often as once in each 
month call together for consultation upon the affiiirs 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 30. There shall annually be chosen or ap- 
pointed in each branch of the city council a committee on 
finance, consisting of the mayor and one alderman, the 
president of the common council, and two councilmen. 
The heads of departments, the school committee, and all 
other officers and boards having authority to expend 
money, shall submit to the committee on finance in the 
month of January of each year 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 twentieth day of the preceding December, 
and the committee shall as soon as may be thereafter 
transmit such estimates to the city council, recoinmending 
such appropriations for each department or purpose as it 
deems necessary therefor. 

Section 31. No sum appropriated for a specific pur- 
pose shall be expended for any other i)urpose, and no 
expenditure shall be made and no liability incurred by or 
in behalf of the city until the city council has duly voted 
an appropriation sufficient to meet such expenditure or 
liability, together with all prior unpaid liabilities which 
are payable therefrom, except that after the expiration of 
the financial year and before the makin<2; of the regular 
annual appropriations liabilities payable out of the reg- 
ular appropriation may be incurred to an amount not 
exceeding one fourth of the total appropriation made for 



Acts, 1900. — Chap. 367. 299 



similar purposes iu the preceding year : provided, that Provisos. 
at any time the unexpended balance of any sum appro- 
priated for a specific puqiose and not further required 
for such purpose may be transferred to another account 
by vote of the city council ; and provided, further, that 
nothing herein contained shall be taken to prohibit the 
payment of executions against the city, at any time. 

Section 32. The mayor shall annually require all SiHrand"* 
boards and officers intrusted with the receipt or expendi- f^i'^'^dm!,''^^^ ''^ 

i i 1 <• ''® published, 

tare ot public money or with the care and custody oi etc. 
public propert}' to make particular and detailed statements 
thereof, and shall cause such statements to be published 
on or before the first day of March for the information of 
the citizens. 

Section 33. The mayor shall have sole power to Mayor to have 
sign, seal, execute and deliver in behalf of the city, deeds 8rgn/8°eli%tc., 
and leases of lands sold or leased by the city, and other f^l^^'"'' ^^^'^^' 
deeds, agreements, contracts, leases, indentures, assur- 
ances and other instruments on behalf of the city, except 
as otherwise provided herein. 

Section 34. There shall l)e the following adminis- Administrative 
trative officers, who shall perform the duties prescribed ° 
by law for them respectively, and such further duties, not 
inconsistent with the nature of their respective offices and 
with general law, as the city council may prescribe : — 

I. A city clerk. citycierk. 

II. A city treasurer. C''>- treasurer. 

III. A collector of taxes. faxet"°''°^ 

IV. A city auditor. city auditor. 
The officers above specified shall be elected by the city Tobeeiectedby 

council annually. The offices of city treasurer and col- annua°iy,'^etc. 
lector of taxes may be held by the same person. 

V. A board of overseers of the poor, consisting of six overseers of 
persons, who shall be elected by the city council for a ^'"'°'* 
term of three years ; two to be elected each year as the 
respective terms of office of the present incumbents expire, 

and two each year thereafter. 

VI. A city engineer, who shall be elected by the city city engineer. 
council for the term of one year. 

VII. A city physician, who shall be appointed for the city physician. 
term of three years. 

VIII. A board of health, consisting of three persons. Board of health. 
Of this board the city physician shall be ex officio a mem- 
ber. The two other members shall be appointed each for 



300 



Acts, 1900. — Chap. 367. 



Public water 
board. 



Park commis- 
sioners. 



Sinking fund 
cominisBioners. 



Board of public 
works. 



a term of three years, as the respective terms of office of 
the present incumbents expire, each appointment there- 
after to be for a term of three years. 

IX. A public water board, consisting of live persons, 
who shall be elected by the city council for the term of 
five years ; one to be elected each year as the respective 
terms of office of the present incumbents expire, and one 
each year thereafter. 

X. A board of park commissioners, consisting of five 
persons, who shall be appointed by the mayor for the term 
of five years, and confirmed by the city council ; one to be 
appointed each year as the respective terms of office of 
the present incumbents expire, and one each year there- 
after. Said board shall have exclusive care and control 
of all parks and, except as otherwise provided herein, of 
all public grounds except cemeteries and burial grounds. 
No part of the common shall l)e let or sold. 

XI. A board of sinking fund commissioners, consist- 
ing of three persons, who shall be elected by the city 
council for the term of three years ; one to be elected each 
year as the respective terms of office of the present in- 
cumbents expire, and one each year thereafter. 

XII. A board of public works, consisting of three per- 
sons. The members thereof shall be elected at the next 
municipal election by the qualified voters in the several 
wards, by ballot ; one for one 3'ear, one for two years and 
one for three years ; each succeeding election thereafter to 
be for the term of three ^^ears. Said board shall exercise 
the powers of surveyors of highways, and shall also, 
under the control and subject to the direction of the city 
council, have charge of the construction, maintenance and 
repair of all streets, highways and other ways, and of all 
sidewalks, bridges and sewers, the supervision and care 
of wires, municipal signal systems, and of shade trees, the 
supervision of street lighting and of street watering, and 
the care of all buildings belonging to the city and of the 
grounds used in connection therewith, other than school 
buildings and the public library building. Said board 
shall have full supervision, subject to the direction of the 
city council, of the erection of all public buildings, includ- 
ing school buildings, and of all repairs and alterations of 
the same, except as is otherwise provided herein. No 
department of the city and no corporation or person shall 
at any time open, dig up or otherwise obstruct any street, 



Acts, 1900. — Chap. 367. 301 

highwa}^ or sidewalk in the city, or lay pipes or erect or 
maintain poles or any other structure within the location 
of any such street, highway or sidewalk, without the con- 
sent of said board in writing previously obtained, except 
in the case of an emergency. The city council may by 
ordinance enlarge, alter or diminish the powers of said 
board. 

XIII. The city council may from time to time, subiect Additional 

' t/ DOJirds and 

to the provisions of this act and in accordance with gen- offices may be 
eral laws, establish additional boards and other offices for etc! '* ^ ' 
municipal purposes, provide for the election or appoint- 
ment of the incumbents thereof, and determine the number 
and duties of such incumbents ; and for such purposes 
may delegate to such boards and offices the administrative 
powers given by general laws to city councils and boards 
of aldermen. The city council ma}' likewise from time Boards and 
to time consolidate boards and offices, and may separate consoudated^,^ 
and distribute the powers and duties of such as have al- ^*''- 
ready been established, may increase or diminish the 
number of persons who shall perform the duties of an 
office or board hereafter established as above provided, 
and may abolish an office or board hereafter established 
under the provisions of this paragraph. All officers Terms of office 
named herein, whether elected by the city council or ap- officfe'i-s^.'etc. 
pointed by the mayor, shall be elected or appointed during 
the month of March, and their terms of office shall begin 
on the first Monday in April following their election or 
appointment and continue for the respective terms herein 
provided, or, in case of offices hereafter established, for 
the terms provided by the city council, except that the 
terms of all officers heretofore elected or appointed shall 
continue according to the tenure thereof. Any such officer 
not elected or appointed during the month of March may 
be elected or appointed at any time thereafter, the term 
of office in such case to begin forthwith and to terminate 
at the same time it would have terminated if said officer 
had been elected or appointed in March. All officers, 
whether heretofore elected or appointed, or elected or 
appointed hereunder, shall, except in case of removal, con- 
tinue in office until their successors are elected, or ap- 
pointed, and qualified. Upon the resignation, removal ^rta{jfo^ffl|.e8 
or disability of any officer the vacancy may be filled for 
the unexpired part of the term, by election or appoint- 
ment, as al)Ove provided for the several officers. 



302 



Acts, 



1900. — Chap. 367. 



Election and 
removal of 
certain officerg. 



Administrative 
officers, oaths, 
etc. 



Assessors, elec- 
tion, terms. 



Assistant as- 
sessors, appoint- 
ment, term, etc. 



Certain oflicers 
to give bonds, 
etc. 



Administrative 
officers, etc., 
may appoint or 
remove clerks, 
etc. 



Employment 
of labor, making 
of contracts, 
etc. 



All officers provided by this act or by ordinance to be 
elected by the city council shall be elected by concurrent 
vote of both branches thereof. Any officer so elected 
may be removed by the affirmative votes of three fourths 
of all the members of each branch of the city council in 
concurrence. 

Section 35. All administrative officers shall be sworn 
to the faithful discharge of their respective duties, and 
certificates of their oaths shall be made and kept in the 
office of the city clerk ; and all administrative boards and 
other officers shall keep a record of their official transac- 
tions, and such record shall be open to public inspection. 

Section 36. There shall be a board of assessors, con- 
sisting of three persons, who shall be elected for three 
years l)y and from the qualified voters of the city ; one to 
be elected each year as the respective terms of office of 
the present incumbents expire, and one each year there- 
after. There shall be appointed by the board of assessors 
from the qualified voters of each ward one or more assist- 
ant assessors. The assistant assessors shall hold their 
offices for one year or until their successors are appointed, 
and shall perform such services as may be required of them 
by the board of assessors. 

Section 37. The city council shall require the city 
treasurer, the collector of taxes, and the city auditor, to 
give bonds, with such surety or sureties as it shall deem 
proper, for the faithful discharge of their respective duties, 
and may require any other municipal officer intrusted with 
the receipt, care or disbursement of money, to give such 
bond. 

Section 38. The administrative boards and officers 
above specified, and every administrative board and officer 
hereafter established by the city council under the provi- 
sions of this act and having the charge of a department, 
shall have the power, except as is herein otherwise pro- 
vided, to appoint and employ and to discharge and re- 
move all subordinate officers, clerks and assistants in their 
respective departments ; and they shall keep a record, 
subject to inspection, of all persons so appointed and em- 
ployed, and of all persons discharged and removed, and 
in case of discharge and removal, of the grounds therefor. 

Section 39. The several administrative boards and 
officers having charge of departments shall, within their 
respective departments, employ all labor, make and execute 



Acts, 1900. — Chap. 367. 303 

all necessary contracts, purchase all materials and supplies, 
and shall in general have the immediate direction and con- 
trol of all executive and administrative business. They 
shall at all times be accountable for the proper discharge 
of their duties to the mayor as the chief executive officer 
of the city. All contracts made in behalf of the city in 
which the amount involved exceeds one hundred dollars 
shall, in order to be valid, be signed by the mayor, and, 
except as is herein otherwise provided or is by law re- 
quired, no expenditure shall be made or lial)ility incurred 
for any purpose beyond the appropriations previously 
made therefor. 

Section 40. The city council may establish and main- Police depart. 
tain a police department, and provide for the appointment """*'■ 
of a chief of police and of other members of the police 
force by the mayor, subject to the confirmation of the board 
of aldei-men, or by a police board established by ordinance. 

Section 41. The city council may establish and main- Firedepart- 
tain a fire department, and shall, as soon as this act takes "'^°'' 
eft'ect, provide by ordinance for the organization and gov- 
ernment of the de})artment. 

Section 42. Every administrative board, through its officers to give 

,. 11- jiijii 1 1 certain informa- 

chairman or a member designated by the board, and every tion upon re- 
officer having charge of a department, may appear before '^"**^*' ^ '^' 
the city council, and at the request of either branch shall 
appear before it, and give information in relation to any- 
thing connected with the discharge of the duties of such 
board or office ; and the oflScer who appears shall have the 
right to speak upon all matters under consideration relat- 
ing to his department. 

Section 43. The city council shall establish by ordi- citycoundito 

-J . I, , . . ^ . establish sala- 

nance the salary or compensation of every administrative nes, etc. 
oflScer, but after the first municipal year succeeding the 
acceptance of this act no ordinance changing any such 
salary or compensation shall take effect until the municipal 
year succeeding that in which the ordinance is passed. 

Section 44. The management and control of the school commit 
schools of the cit}' shall be vested in the school commit- tefmfeto!""' 
tee, consisting of twelve members at large, who shall be 
elected by the qualified voters of the whole city, in the 
manner hereinafter provided. Said twelve members at 
large shall be chosen for the term of three years ; four to 
be chosen each year as the respective terms of office of the 
present incumbents expire, and four each year thereafter. 



304 



Acts, 1900. — Chap. 367. 



Vacancy in 
school commit- 
tee. 



Organization, to 
determine rules 
for its proceed- 
ings, etc. 



Quorum, etc. 



May elect a 
superintendent 
of schools, ap- 
point subordi- 
nate officers, 
etc. 



To have care of 
school build- 
ings, etc. 



Liabilities and 
expenditures. 



Not more than two members at large shall be elected from 
any one ward. 

Section 45. In case of a vacancy in the office of a 
member of the school committee the mayor shall call a 
joint convention of the board of aldermen and of the school 
committee, at which the mayor or president of the board 
of aldermen shall preside, and such vacancy shall, by vote 
of a majority of all the meml)ers of the two bodies, be 
tilled by the election of a member at large to serve for the 
remainder of the school year. At the next municipal 
election thereafter a member at large shall be elected by 
the qualified voters of the whole city, to serve for the 
remainder of the unexpired term of the member whose 
office is vacant. 

Section 46. The school committee shall meet on the 
Tuesday next after the first Monday in January in each 
year for organization. The committee shall be the judge 
of the election and qualifications of its members, and shall 
determine the rules for its proceedings. A majority of 
the whole number provided to be elected shall constitute 
a quorum for the transaction of business, but a smaller 
number may adjourn from time to time. The members 
of the school committee shall be sworn to the faithful dis- 
charge of their duties. 

Section 47. The school committee may elect a super- 
intendent of schools, and may appoint such other subor- 
dinate officers and assistants as it may deem necessary for 
the proper discharge of its duties and the conduct of its 
business, shall define their terms of service and their 
duties, and fix their compensation, and may remove and 
discharge them at pleasui'e. No member of the school 
committee shall during the term for which he is elected 
hold any other office or position the salary or compensa- 
tion for which is payable out of the city treasury. 

Section 48. The school committee, in addition to the 
exercise of the powers and the discharge of the duties 
imposed by law upon school committees, shall have full 
power and authority to provide, when necessary, tempo- 
rary accommodations for school purposes, and shall have 
the care and control of all school buildings, including 
ordinary repairs thereof, and of the grounds connected 
therewith. 

Section 49. Unless thereto required or authorized by 
law the school committee shall cause no liability to be 



Acts, 1900. — Chap. 3()7. 305 

incurred and no expenditure to be made for any purpose 
l)eyond the specific appropriation made therefor by the 
city council, except that, after the expiration of the finan- 
cial year and before the niakino; of the reguUir annual 
appropriations, liabilities j)ayal)le out of a regular appro- 
priation may be incurred to an amount not exceeding one 
fourth of the total appropriation made for similar purposes 
in the preceding year. 

Section 50. All orders, resolutions and votes of the certain orders, 

hi ... .... 1 ii T/ c reaolutions.elc, 

ool committee which involve the expenditure ot money to be presented 

shall be presented to the mayor for his approval, and there- ap^rovau^'^' 

upon the same proceedings shall be had as are provided 

by law in relation to similar orders, resolutions and votes 

of the city council. 

Section 51. The removal of any member of the city Removal from 
council or of the school committee from one ward to another not" to 
another ward of the city shall not disqualify him from disqualify. 
discharging the duties of his office for the remainder of 
the term for which he was elected. 

Section 52. So much of any ordinance of the city nancies" to'con. 
of Lynn as is inconsistent herewith is hereby annulled, tinue in force. 
Otherwise such ordinances are continued in force until 
amended or repealed. 

Section 53. So much of any act as is inconsistent Repeal, etc. 
herewith is hereby repealed, but such repeal shall in no 
case revive an act heretofore repealed, nor shall the repeal 
of acts or annulling of ordinances, or any part thereof, 
inconsistent herewith, affect any act done or liability in- 
curred, or any right accrued or established, or any suit 
or prosecution, civil or criminal, to enforce any right or 
penalty or punish any offence begun under the authority 
of any act or part thereof so repealed or of any ordinance 
founded thereon. 

Section 54. This act shall be submitted to the qualified '^^^^l^'^' 
voters of the city of Lynn for acceptance at the next state voterB at state 
election, and the affirmative votes of a majority of the 
voters present and voting thereon shall be required for its 
acceptance. 

Section 55. So much of this act as authorizes the when to take 
submission of the question of its acceptance to the voters ^^^'^'^' 
of the city shall take effect upon its passage, but it shall 
not further take effect until accepted by the voters of the 
city as herein provided, and when so accepted this act 
shall take effect so far as to authorize the election at the 



306 



Acts, 1900. — Chaps. 368, 369, 370. 



next annual municipal election of all officers herein pro- 
vided to be elected by the qualified voters of the city, or 
of its several wards, and shall take full eflect on the first 
Monday in eTanuary next following such acceptance. 

Approved June 1, 1900. 



Chap 



General agent 
of dairy bureau 
to be elected, 



Repeal. 



.368 ^^ Act relative to the work of the dairy bureau of the 
state board of agriculture. 

Be it enacted^ etc. , as folloios : 

Section 1. The state board of agriculture shall at its 
annual meeting elect a general agent of the dairy bureau, 
to assist the bureau and to oversee, under its direction, 
the work prescribed in section eleven of chapter four hun- 
dred and twelve of the acts of the year eighteen hundred 
and ninety-one. He shall receive an annual salary of 
twelve hundred dollars, and also the amount of his ex- 
penses necessarily incurred in the discharge of his duties. 

Section 2. Section six of said chapter four hundred 
and twelve, and so much of any other act as is incon- 
sistent herewith, are hereby repealed. 

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

Ap2)roved June 6, 1900. 



Cha7).3(j9 ^^ A^"^ RELATIVE TO THE SEALING OF BOTTLES AND CANS USED 

BY MILKMEN. 



Cans, bottles, 
etc., used by 
milkmen to be 
sealed as meas- 
ures. 



When to take 
effect. 



Be it enacted, etc., as follows : 

Section 1. Cans, bottles and other receptacles used 
for the distribution of milk or cream to the consumer shall 
be sealed as measures, under the provisions of section 
twelve of chapter sixty-five of the Public Statutes ; and 
no fee shall be charsred or received for sealins; the same. 

Section 2. This act shall take effect in cities on the 
thirty-first day of December of the current year, and in 
towns on the first day of March in the year nineteen hun- 
dred and one. Ap)proved June 6, 1900. 



Cha7),370 ^^ -A*^"^ '^'^ AUTHORIZE THE TOWN OF HOPKINTON TO ISSUE NOTES, 
BONDS OR SCRIP FOR THE PURPOSE OF PURCHASING LAND AND 
ERECTING AND FURNISHING A TOAVN HALL. 

Be it enacted, etc., as foUoivs : 

Hopkinton Section 1. The town of Hopkinton, for the purpose of 

Loan. * purchasing land and erecting and furnishing a town hall, 



Acts, 1900. — Chap. 371. 307 

is hereby authorized to issue notes, bonds or scrip, to be 
denominated on the face thereof, Hopkinton Town Hall 
Loan, to an amount not exceedino- thirty thousand dollars, 
and payable at periods not exceeding thirty years from the 
dates of issue ; and the sum so borrowed, with the interest 
thereon, shall be provided for by taxation and paid at 
maturit}'. 

Section 2. The provisions of chapter twenty-nine of 
the Public Statutes and acts in amendment thereof shall 
apply to said loan, except so far as they may be incon- 
sistent herewith. 

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

Ajjproved June 6, 1900. 

An Act to provide fok the collectiox of collateral legacy (JJkij) 37 ^ 
taxes in certain cases. 

Be it enacted^ etc., as follows : 

Section 1. When a foreign executor, administrator Tax on certain 

, , • J. r J. I i_T J.* stock or obliea. 

or trustee assigns or transiers any stock or obligation uonofade. 
owned by a deceased non-resident at the date of his death resWeliuraus. 
in any national bank located in this Commonwealth or in l^'^^^'^ by a 

•J _ , /» 1 • /^ foreign execu- 

any corporation organized under the laws of this Com- tor, etc. 
monwealth, and liable to a tax under the provisions of 
chapter four hundred and twenty- live of the acts of the 
year eighteen hundred and ninety-one, the tax shall be 
paid to the treasurer and receiver general on the assign- 
ment or transfer thereof, and if such tax is not paid when 
due such executor, administrator or trustee shall be per- 
sonally liable therefor until the same is paid. If any l)ank 
located in this Commonwealth or any corporation organ- 
ized under the laws of this Commonwealth shall record a 
transfer of any share of its stock or of its obligations made 
by a foreign executor, administrator or trustee, or issue 
any new certificate for any share of its stock or of the 
transfer of any obligation at the instance of a foreign ex- 
ecutor, administrator or trustee, before all taxes imposed 
thereon by the provisions of said chapter four hundred 
and twenty-five have been paid, such bank or corporation 
shall be liable for such tax in an action of contract brought 
by the treasurer and receiver general to recover the same. 

Section 2. No safe deposit company, bank or other Treasurer to be 
institution, person or persons, holding securities or assets "nd pUce^of"^ 
belonging to the estate of a deceased non-resident, shall jP^'^"^ 



tended de- 
to certain 



308 



Acts, 19()0. — Chap. 872. 



foreign execu- 
tors, etc., of 
securities and 
assets of a 
deceased uon- 
reeident, etc. 



Treasurer to be 
made a parly to 
certain peti- 
tions by foreign 
executors, etc. 



deliver or transfer the same to a foreign executor, admin- 
istrator or legal representative of said decedent, unless 
such executor, administrator or legal representative has 
been licensed to receive such securities or assets under the 
provisions of section three of chapter one hundred and 
forty-two of the Public Statutes, without serving notice 
upon the treasurer and receiver general of the time and 
place of such intended de liver j or transfer at least seven 
days before the time of such delivery or transfer. The 
treasurer and receiver general, either personally or by 
representative, may examine such securities or assets at 
the time of such delivery or transfer. Failure to serve 
such notice or to allow such examination shall render such 
safe deposit company, bank or other institution, person or 
persons, liable to the payment of the tax due u})on said 
securities or assets in an action of contract brought by the 
treasurer and receiver general. 

Section 3. The treasurer and receiver general shall 
be made a party to all petitions by foreign executors, ad- 
ministrators or trustees brought under section three of 
chapter one hundred and forty-two of the Public Statutes, 
and no decree shall be made upon any such petition unless 
it appears that notice of such petition has been served on 
the treasurer and receiver general at least fourteen days 
before the return day of such petition. 

Section 4. This act shall take elfect upon its passage. 

Approved June 7, 1900. 



CJlCbTf^^ ^^ -^CT RELATIVE TO APPEALS AND EXCEPTIONS AT COMMON LAW 

AND IN EQUITY. 



P. S. 150, § 16, 
amended. 



If question is 
not entered, etc., 
exceptions may 
be overruled or 
appeal dis- 
missed, etc., 
upon applica- 
tion of adverse 
party. 



lie it enacted^ etc., asfolloivs: 

Section 1. Section sixteen of chapter one hundred 
and fifty of the Public Statutes is hereby amended by 
striking out the whole of said section and inserting in place 
thereof the following : — Section 16. If a party who has 
taken an appeal or an exception which has been allowed, 
either at common law or in equity, neglects to enter the 
question in the supreme judicial court, or to take the nec- 
essary steps, by ordering proper copies to be prepared or 
otherwise, for the hearing of the cause on the appeal or 
the exceptions, the court in which the appeal was taken 
or the exceptions were allowed may, upon the application 
of the adverse party, upon due notice to all parties inter- 



Acts, 1900. — Chaps. 373, 374. 309 

ested, order that the exceptions bo overruled or the appeal 
dismissed, and the judgment, opinion, order or decree 
afHrmed. 

Sectiox 2. In any case, either at common law or in Waiver of ap. 

. • ... /-J.! 1 i- peal or excep- 

equity, a waiver in writmg ot the appeal or exceptions, uonsmaybe 
before the transfer to the appellate court and entry therein ^^'^d.etc. 
of the proper copies, may be filed and acted upon in the 
court in which the appeal was taken or the exceptions were 
allowed. 

Section 3. The fee for entry, record and transmission Fee for entry, 
of papers of each question or cause in the supreme judicial 
court for the Commonwealth shall be three dollars. 

Section 4. So much of any act as is inconsistent here- Repeal. 
with is hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved June 7, 1900. 



Chap.373 



An Act to provide for the appearance of the attorney- 
generax before committees of the general court in cer- 
tain cases. 

Be it enacted, etc., as follows: 

Section 1. Whenever the attorney-general shall so Attomey-gen. 

eral to appear 



be requested by vote of a majority of the members of a before lea 
committee of the general court, or of either branch thereof, [n^'cert^n'cales. 
he or some person designated by him for that purpose 
shall appear before such committee and shall advise the 
committee with reference to the legal effect of legislation 
pending before the committee. 

Section 2. The attorney-general shall include in his statement of 
annual report to the general court a statement of his doings °"'^*' 
under this act, with such suggestions and recommenda- 
tions as he may deem expedient. 

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

Approved June 7, 1900. 

An Act relative to naturalization. Chcip.374: 

Be it enacted, etc., as folloivs: 

Section 1. Section two of chapter three hundred and a^eLdtd.^^' 
forty-five of the acts of the year eighteen hundred and 
eighty-five is hereb}^ amended by striking out the words 
" but final action thereon shall be had only on stated days 
or during the regular terms of the court. Every applica- 



310 



Acts, 1900. — Chap. 374. 



Final applica- 
tidii for natural- 
ization, tinae of 
filing, etc. 



To contain 
name, residence, 
ete., of appli- 
cant, etc. 



Proviso. 



Repeal. 



1885, 345, § 6, 
amended. 



Fees of clerks 
of cenrta. 



Fees to be paid 
over for benefit 
of county law 
libraries. 



Fees to be paid 
before certifi- 
cate issues. 



tion shall be entered upon the docket of the court and shall 
be filed at least fourteen days before final action thereon", 
in the third, fourth, fifth, sixth and seventh lines, and 
inserting in place thereof the following : — Every appli- 
cation shall be entered upon the docket of the court, 
and final action thereon shall be had at any regular sitting 
of the court, — so as to read as follows: — Section 2. 
Final applications for naturalization in any court of the 
Commonwealth may be filed in the said courts in term time 
or vacation. Every application shall be entered upon the 
docket of the court, and final action thereon shall be had 
at any regular sitting of the court. Such application shall 
contain the name, age and occupation of the applicant, and 
the name of the street and number of the house in which 
he resides, and the names of the persons whom he intends 
to summon as witnesses at his final hearing, together with 
the number and street of the residences of such witnesses : 
jyrovided, that in applications where the number and street 
as required aforesaid cannot be given, the place of resi- 
dence shall be described with sufficient accuracy for identi- 
fication. 

Section 2. Sections three and four of said chapter are 
hereby repealed. 

Section 3. Section six of said chapter is hereby 
amended by striking out the words " The fee of clerks of 
cities and towns for the record, posting notice and certifi- 
cate under the provisions of this act shall be fifty cents", 
in the fifteenth, sixteenth, seventeenth and eighteenth 
lines, — so as to read as follows : — Section 6. The fees 
of clerks of all courts under the provisions of this act 
shall be as follows : For receiving the primary declaration 
or application for the naturalization of aliens, one dollar. 
For the final declaration or application for the naturaliza- 
tion of aliens, two dollars. For making out the papers 
for either of said declarations, one dollar. All fees re- 
ceived by clerks of all courts of the Commonwealth in 
naturalization cases shall be accounted for and paid over 
by said clerks semi-annually to the treasurers of their 
respective counties, and such county treasurers shall pay 
the same to the treasurers of county law libraries ; the 
same to be in addition to the sums which such associations 
are now entitled to receive by law. No primary or final 
certificate shall issue until the fees provided for in this act 
are first paid. Approved June 7, 1900, 



Acts, 1900. — Chaps. 375, 376. 311 

An Act uklative to the construction of the metkoihu.itan QhctV.^lB 

AVATEK WORKS. 

Be it enacted^ etc. , as foUoics : 

Section 1. Chapter four hundred and eijjhty-eiijht of i895, 488, etc, 
thc acts ot the year ciirhteon hundred and uniety-nve and struction, etc., 
acts in amendment thereof or in addit'ion thereto shall be aqueduc", etc. 
held to include the construction, maintenance and operation 
of an aqueduct from the so-called Sudbury reservoir in 
Southl)orough to a point in the town of Weston, of a 
reservoir near the end of such aqueduct, and of pipes for 
connecting such aqueduct or reservoir with distributing 
pipes, reservoirs and other works under the control of 
the metropolitan water board, substantially in accordance 
with the plans and reconmiendations of the state board 
of health contained in their report to the general court of 
the year eighteen hundred and ninety-five. 

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

Approved June <9, 1900. 



An Act relative to the sale of real estate for the i'ay- 
ment of taxes. 



Ghajy.m^ 



He it enacted, etc., as folloios : 

Section 1. Section forty of chapter three hundred and 1888,390 §40, 

a, lu Gilded, 

ninety of the acts of the year eighteen hundred and eighty- 
eight is hereby amended by striking out the whole of said 
section and inserting in place thereof the following : — 
Section 40. If the taxes are not paid the collector shall, e^tatfsuffident 
at the time and place appointed for the sale, sell at public to discharge 
auction the smallest undivided part of the real estate which charges author- 
will ])e sufficient to discharge the taxes and necessary in- ^^^ 
tervenino; chars^es, or the whole of such estate therefor if 
no person offers to take an undivided part, and may, in 
his discretion, at such sale require an immediate deposit 
by the purchaser of such sum as the collector shall deem 
sufficient to insure good faith in the payment of the pur- 
chase money ; and if the purchaser fails to make such de- 
posit forthwith the sale shall be void and another sale may 
be made as hereinbefore provided. 

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

Ajyproved June 8, 1900. 



312 



Acts, 1900. — Chap. 377. 



Town of "Wake- 
field may con- 
struct, etc., a 
eyetetn of sew- 
erage, etc. 



C%ttj0.377 ^^ ■^^'^ ^*^ AUTHORIZE THE TOAVN OF WAKEFIELD TO CONSTRUCT 

A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows : 

Section 1. The town of Wakefield is hereby author- 
ized, through a board of commissioners elected as herein- 
after provided, to lay out, construct, maintain and operate 
a system or systems of main drains and common sewers 
for a part or for the whole of its territory, and such con- 
nections and other works as may be required for a sys- 
tem of sewage disposal, to be constructed, maintained and 
operated in connection with the main sewers and other 
works ; and said board, for the purpose of providing better 
surface or other drainage, guarding against pollution of 
waters, and otherwise protecting the public health, may 
lay, make and maintain such main drains as it deems best. 
And for the said purpose the board may, within the limits 
of said town, deepen, widen and clear of obstruction any 
brook, stream or water course, and straighten or alter the 
channels or divert the waters thereof, and may lay, make 
and maintain sub-drains, and discharge the water into any 
brook, stream or water course within said town, provided 
that its action be approved l)y the state board of health. 

Secttox 2. Said board shall consist of three commis- 
sioners, to be called Sewer Commissioners of the Town of 
Wakefield, who shall be citizens and residents of the town 
and shall be elected by ballot at a special meeting or at an 
annual meeting of the town, one commissioner to hold 
oflSce for one year, one for two years and one for three 
years, respectively, from the date of the annual town 
meeting at which he is elected, or which follows the special 
meeting at which he is elected, and until his successor is 
elected and qualified ; and at each annual town meeting 
thereafter the town shall elect one member of the board 
to serve for three years or until his successor is elected 
and qualified. If a vacancy shall occur in the board the 
town may at a meeting called for the purpose elect a person 
duly qualitied to fill the vacancy. 

Section 3. Said board of commissioners, acting in 
behalf of the town, shall have full power to take by pur- 
chase or otherwise any lands in fee and any water rights, 
rights of way and easements in said town, public or pri- 
vate, necessary for any of the purposes mentioned in this 
act, and may construct within said town such main drains 



Sewer commis- 
sioners, elec- 
tion, terms, 
etc. 



Vacancy. 



May take lands, 
water rights, 
etc. 



Acts, 1900. —Chap. 377. 313 

and sewers under or over any water course, bridge, rail- 
road or way, or within the location of any railroad, and 
may enter upon and dig up and excavate any private land, 
street or way, or railroad location, for the purpose of lay- 
ing such main drains and sewers, and of maintaining and 
repairing the same, and may do any other thing necessary 
or proper for the purposes of this act : provided, hoicever. Proviso, 
that they shall not take in fee any land of a railroad 
corporation, and that they shall not enter upon or con- 
struct any drains or sewers within the location of any 
railroad corporation, except at such time and in such 
manner as they may agree upon with such corporation, 
or, in case of failure to agree, as may be approved by the 
board of railroad commissioners. 

Section 4. Said board, in order to take any lands in Description of 
fee, water rights, rights of way or easements otherwise b*e"reco*ided*.° 
than by purchase or agreement, shall cause to be recorded 
in the registry of deeds for the county of Middlesex, 
southern district, a statement signed b}^ a majority of the 
board, containing a description thereof, as certain as is 
required in a conveyance of land, and specifying that the 
same are taken under the authority of tliis act ; and upon Damages. 
such recording the title in the lands, w\ater rights, rights 
of way or easements described in such statement shall 
vest in said town of Wakefield, which shall pay all dam- 
ages therefor and all other damages which shall be sus- 
tained by any person or corporation through any action 
of said board under this act. Said board at the time of 
such taking shall notify the owners thereof in writing, and 
may agree with any person or corporation injured here- 
under, upon the damages sustained by such person or cor- 
poration ; and if the damages are not agreed upon a jury 
in the superior court for said county may be had, to de- 
termine the same, upon petition of either party, in the 
manner provided by law for determining the damages for 
land taken for highways ; but in case of a taking no suit 
or petition shall be brought after the expiration of two 
years from the date of the recording of the taking as 
herein provided ; and in all other cases no suit or petition 
shall be brought after the expiration of two years from the 
time when the cause of action accrues. 

Section 5. In every case of a petition for the assess- Town may offer 
ment of damages or for a jury said town may at any time a/damales"""' 
file in the oiBBce of the clerk of the court an offer in writ- ®*°' 



314 



Acts, 1900. — Chap. 377. 



AesesBment of 
betterments. 



Land not ae- 
seseeil subject 
to future as- 
eesBments. 



ing to pay the petitioner a sum therein specified as dam- 
ages ; and if the said petitioner does not accept the same 
within thirty days after notice of such oflfer, and does not 
finally recover a sum greater than that offered, not in- 
cluding interest from the date of the oft'er on the sum so 
recovered, the town shall recover costs from the date of 
said notice, and the petitioner if he does not recover dam- 
ages to an amount greater than the amount specified in 
said offer shall be entitled to costs only to said date. 

Section 6. Said commissioners shall assess annually 
to the owners of estates abutting on streets or ways, 
public or private, in which sewers are laid under the 
provisions of this act, taxes as follows : — For unoccupied 
land, not less than five nor more than ten cents per linear 
foot of frontage on any street or way, according to the 
benefit in each case, as determined by the commissioners. 
For land on which one or more dwelling houses stand, not 
less than five nor more than ten dollars for each dwelling 
where the water rates for the year ending on the thirty- 
first day of December next preceeding the beginning of 
the sewer year do not exceed six dollars per annum, and 
in case said water rates exceed six dollars per annum an 
additional sum amounting to not less than twenty per cent 
of such excess. For land on which factories, business 
blocks, hotels, boarding, tenement or apartment houses 
stand, and for all other estates not herein provided for, 
such tax as said commissioners may determine to be just, 
according to the circumstances of each case. For all 
estates having a frontage of more than one hundred feet 
on any street or way upon which there is a tenantable 
building an additional tax according to the benefit in each 
case, as determined by the commissioners, of not less than 
five nor more than ten cents per linear foot of such excess. 
All assessments shall cover the land to a depth not ex- 
ceeding eighty feet. Upon application of any owner of 
an estate said commissioners may fix a lump sum of not 
less than one dollar nor more than two dollars per linear 
foot of frontage, which the owner may pay in place of said 
annual tax, within three months after notice of said assess- 
ment, and when paid such owners and their grantees shall 
be relieved from all future assessments for said property 
under this act. Land not assessed under the above pro- 
visions shall be subject to future assessments as the board 
may determine. The remainder of the cost of said system 



Acts, 1900. — Chap. 377. 315 

or systems shall be borne by the town. No {)articular Remainder of 

',1 /• .J. i. c J. J- J. cost to be borne 

or other sewer irom any estate or part oi an estate not by town, etc. 
already assessed or not liable to assessment, as provided 
above, shall be entered into a common sewer, except upon 
the payment of such an assessment and upon such other 
terms and conditions as the board of sewer commissioners 
shall determine. 

Section 7. Upon the completion of a sewer, and when Payment of 
the same is ready for use, the board of sewer commis- ^^^''**™®°'^' 
sioners shall tile a certificate with the collector of taxes 
of said town, designating- the street or way, or part of the 
street or way, in which the sewer has been completed, and 
setting forth the names of the owners of the estates abut- 
ting, and the amount of assessment to be paid by each, 
and referring to a plan on tile in the town clerk's office or 
in such other offices as the board shall determine, which 
plan shall show the frontage, the area assessed, the name 
of the owner and the amount of the assessment of each 
estate abutting on said street or way, with directions to 
collect the assessment ; and the collector shall forthwith 
upon the receipt of such certificate make a demand in 
writing for the payment of the assessment, and every 
such owner shall, within three months after such demand 
is served on him or on the occupants of his estate, or 
sent by mail to the last address of said owner known to 
said collector of taxes, pay the sum so assessed to said 
collector : provided, that said board may, on the written ProvisoB. 
request of any such owner made within said three mouths, 
apportion such assessment into such number of equal parts 
or instalments, not exceeding ten, as said owner shall 
indicate in such request, and they shall certify such ap- 
portionment to the assessors ; and interest from the date 
of said apportionment at the rate of five per cent per 
annum shall be added to each of said assessments until 
they are paid, and one of said parts shall be added by 
the assessors to the annual tax on such estates for each 
year next ensuing, until all said parts have so been 
added, unless sooner paid as hereinafter provided ; and 
provided, further, that nothing herein contained shall be 
construed to prevent the payment at any time in one 
payment, notwithstanding its prior apportionment, of 
any balance of said assessments 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 pay- 



316 



Acts, 1900. — Chap. 377. 



ABsessment to 
constitute a 
lien upon estate, 
etc. 



May be col- 
lected in an 
action of con- 
tract. 



Persons ag- 
grieved may 
apply for a 
jury, etc. 



ment ; and thereupon the town treasurer shall receive the 
same and shall certify such payment or payments to the 
assessors, who shall preserve a record thereof. In case of 
failure to pay said assessment as aforesaid the collector of 
taxes shall proceed to collect the same as hereinafter pro- 
vided. In case of corner lots and lots abutting on more 
than one sewered street the same area shall not be assessed 
more than once, but in making an assessment the number of 
feet of frontage shall be held to mean the number of feet 
on the longest side of the lot so assessed, and all frontage 
in excess of eighty feet on the other side. 

Section 8. An assessment made under section six or 
section seven shall constitute a lien upon the estate as- 
sessed, which shall continue for three years after it is made 
and notice served as above provided, or, in case of appor- 
tionment, until the expiration of two years from the time 
when the last instalment became due ; and said assessment, 
if not paid within three months after service of such 
notice, or if apportioned, within three months after any 
part has become due, shall, together with interest thereon 
at the rate of six per cent per annum, with incidental 
costs and expenses, be levied by a sale of such estate. 
Such sale and all proceedings connected therewith shall be 
conducted by said collector in the same manner as sales 
for the non-payment of taxes, and the real estate so 
sold may be redeemed in the same manner as if sold for 
the non-payment of taxes. Every assessment made by 
said board which is invalid by reason of any error or 
irregularity in the assessment and which has not been 
paid or which has been recovered back, or which has been 
enforced by an invalid sale, may be reassessed by the 
aforesaid board of commissioners for the time being to 
the just amount to which and upon the estate upon which 
such assessment ought at first to have been assessed, and 
the assessment thus reassessed shall be payable and shall 
be collected and enforced in the same manner as other 
assessments. Such assessments may also be collected in 
the name of the town of Wakefield in an action of con- 
tract against the owner of the said estate, brought at any 
time within three years after the same have become due. 

Section 9. Any person aggrieved by such assess- 
ment may, at any time within three months after service 
of the demand mentioned in section seven of this act, 
apply to the superior court of said count}^ for a jury to 



Acts, 1900. — Chap. 377. 317 

revise the same ; but before inakin<T sudi application he 
shall give to the said conunissioiiers fourteen days' notice 
in writing of his intention to do so, and shall therein par- 
ticularly specify his objection to the assessment, to which 
specilieation he shall be confined before the jury. 

Section 10. The town of Wakefield, for the purpose wakefidj 
of })ayinp: the necessary expenses and lialiiiities incurred ^^^'^'^s** ^°''°- 
under this act, may incur indebtedness to an amount not 
exceeding three hundred and sixty thousand dollars, and 
may issue from time to time therefor, })onds, notes or 
scrip ; and the debt and loan authorized by this act and 
the bonds, notes or scrip issueil therefor shall not be 
reckoned in determining the statutory limit of indebted- 
ness of the town. Such bonds, notes or scrip shall bear 
on their face the w^ords, Wakefield Sewerage Loan, shall 
be payable within periods not exceeding forty years from 
the dates of issue, and shall bear interest payable semi- 
annually at a rate not exceeding four per cent per annum. 
Such bonds, notes or scrip shall be signed by the treas- 
urer of the town and countersigned by a majority of the 
selectmen. The town may from time to time sell such 
securities, or any part thereof, at public or private sale, 
or pledge the same for money borrowed for the purposes 
of this act, provided that they shall not be sold or pledged 
for less than the par value thereof. The proceeds thereof 
shall be retained in the treasury, and the treasurer shall 
upon the order of said board of commissioners pay there- 
from the expenses incurred for the purposes aforesaid. 

Section 11. Instead of establishing; a sinking fund May provide foi 

1 , ■ f 1 • • 1 1 1 annual pay- 

the town may at the tmie oi authorizing the said loan ments ou loan. 
provide for the payment thereof in such annual payments 
as will extinguish the same within the time prescribed in 
this act ; and when such vote has been passed the amount 
required thereby, less the amount that may be appropri- 
ated therefor as provided in the following section, shall 
without further vote be assessed by the assessors of the 
town in each year thereafter, in the same manner as other 
taxes are assessed under the provisions of section thirty- 
four of chapter eleven of the Public Statutes, until the 
debt incurred by the town is extinguished. 

Section 12. The receipts from assessments, and from Payment of 
payments made in lieu thereof, under this act, and the ^^p^^'^^^' *^"=- 
premiums, if any, received from the sale of bonds, notes 
or scrip issued under the authority of this act, shall be 



318 



Acts, 1900. — Chap. 377 



Commissioners 
to appoint a 
clerk, etc. 



Contracts. 



May prescribe 
rules and regu- 
lations, im- 
pose penalties, 
etc. 



Certain pro- 
visioue of law 
to apply. 



applied by the board of sewer commissioners to the pay- 
ment of charges and expenses incident to the maintenance 
and operation of said systems of sewerage, or to the ex- 
tension of the said system or systems, except that the 
town may apply any part of such receipts to the payment 
of the interest upon bonds, notes or scrip issued under the 
authority of this act not otherwise provided for, or to the 
payment or redemption of said bonds, notes or scrip, as 
the said town shall by vote determine, and the said receipts 
shall be used for no other purpose. If such receipts shall 
not be sufficient for the purposes aforesaid in any year the 
town shall raise forthwith by taxation, in the same man- 
ner as money is raised and appropriated for other town 
purposes, the balance required therefor. 

Section 13. Said board of commissioners shall an- 
nually appoint a clerk, and may appoint a superintendent 
of sewers, and may remove said clerk or superintendent 
at its pleasure. The compensation of the commissioners 
shall be fixed by the town. 

Section 14. All contracts made by said board of 
commissioners shall be made in the name of the town and 
shall be signed by the board ; but no contracts shall be 
made or obligations incurred by the commissioners for 
any purpose in excess of the amount of money appropri- 
ated by the town therefor. 

Section 15. Said board of commissioners may from 
time to time prescribe rules and regulations for the con- 
necting of estates and buildings with main drains and 
sewers, and for the inspection of the materials, the con- 
struction, alteration and use of all connections and drains 
entering into such main drains or sewers, and may impose 
penalties not exceeding twenty dollars for each violation 
of any such rule or regulation. Such rules or regulations 
shall be published not less than once a week for three 
successive weeks in some newspaper published in the town 
of Wakefield, if there be any, if not, in some newspaper 
published in the county of Middlesex, and shall not take 
eflect until such publication has been made. 

Section 16. The provisions of chapter fifty of the 
Public Statutes and of acts in amendment thereof, also of 
chapter two hundred and forty-five of the acts of the year 
eighteen hundred and ninety-two, so far as the same are 
applicable and not inconsistent with this act, shall apply 
to the town of Wakefield in carrying out the provisions 
of this act. 



Acts, 1000. — Chap. 378. 319 

Section 17. No act shall be done under the authority Plans to be 

,. , ,. . ,»iji 1 /» •! J. approved by 

ot tho procoduii!: sections until the plans tor said system state board of 
of sewerage have been approved by the state board of 
health. Upon application to said board for such approval 
the board shall give a hearing, after due notice to the pub- 
lic. At such hearing plans showing in detail all the work 
to be done in constructing said system of sewerage shall 
be submitted for the approval of the state board of health. 
Notice of the hearing shall be sent to the city of Lynn, to 
its water board, and to the Wakefield Water Company. 

Section 18. This act shall take eifect upon its passage, when to take 
but no expenditure shall be made nor any liability in- ^ ei,,ec. 
curred thereunder unless this act shall first be accepted by 
vote of a majority of the voters of said town voting thereon 
at a legal meeting called for the purpose. The town may 
elect said board of sewer commissioners at the same meet- 
ing at which it accepts this act. 

Approved June 13, 1900. 

As Act relative to the iiouits of labor of women and minors Qfiap.SlS 

IN MERCANTILE ESTABLISHMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter five hundred f^ntl ^^^^^^os. § lo, 
eight of the acts of the year eighteen hundred and ninety- 
four is hereby amended by inserting after the word " age ", 
in the first line, the words : — and no woman, — by strik- 
ing out the word " sixty ", in the third line, and inserting 
in place thereof the word : — fifty-eight, — and by adding 
at the end of said section the words : — provided, that the 
restrictions imposed by this section shall not apply during 
the month of December in each year to persons employed 
in shops for the sale of goods at retail, — so as to read as 
follows: — Section 10. No minor under eighteen years Employment of 

p T 1 11 1 11 •' 11- • minora and 

ot age, and no woman, shall be employed m laboring in women in mer- 
any mercantile establishment more than fifty-eight hours iTsUment^Jregu- 
in any one week : provided, that the restrictions imposed i'**®'^; 
by this section shall not apply during the month of De- 
cember in each year to persons employed in shops for the 
sale of goods at retail. 

Section 2. This act shall take effect on the first day when to take 
of July in the year nineteen hundred. 

Approved June 13, 1900. 



320 



Acts, 1900. — Chap. 379. 



Ch(ip.37Q An Act to PROvroE for the better protection and to regui 

THE SALE OF GAME BIRDS. 



Taking, etc., of 
woodcock or 
partridge regu- 
lated. 



Not to buj' or 
sell, etc., for a 
certain period. 



Taking, etc., of 
quail regulated. 



Taking, etc., of 
pinnated grouse 
etc. 



Proviso. 



Be it enacted, etc. , as follows : 

Section 1. It shall be unlawful to take or kill or 
have in possession, or buy, sell or offer for sale, a wood- 
cock, or a rufled grouse, commonly called a partridge, 
between the first day of December and the first da}^ of 
October following, whenever or wherever such bird may 
have been taken or killed. 

Sectiox 2. For a period of three years after the pas- 
sage of this act it shall also be unlawful to buy, sell, ofler 
for sale, or have in possession for sale, any woodcock, or 
ruffed grouse, commonly called partridge, whenever or 
wherever the said birds may have been taken or killed. 

Section 3. It shall be unlawful to take or kill or have 
in possession, or buy, sell or offer for sale, a quail, between 
the first day of December and the first day of October fol- 
lowing, whenever or wherever such bird may have been 
taken or killed : provided, however, that any person, firm 
or corporation dealing in game or engaged in the cold 
storage business may buy, sell or have in possession, and 
any person may buy from such person, firm or corpora- 
tion, and have in possession if so bought, quail from the 
first day of December to the first day of May, if such quail 
were not taken or killed in this Commonwealth contrary 
to the provisions of this act ; and any person, firm or cor- 
poration dealing in game or engaged in the cold storage 
business may have quail in possession on cold storage at 
any season, if such quail were not taken or killed in this 
Commonwealth contrary to the provisions of this act. 

Section 4. It shall be unlawful to take or kill a pin- 
nated grouse at any time, or a wood or summer duck, 
black duck or teal, between the first day of March and the 
first day of September, or any other of the so-called duck 
species, between the twentieth day of May and the first 
day of September, or to buy, sell or have in possession 
any of the birds named in this section during the time 
within which the taking or killing thereof is prohibited, 
whenever or wherever such birds may have been taken or 
killed : provided, however, that any person, firm or cor- 
poration dealing in game or engaged in the cold storage 
business may buy, sell or have in possession, and any per- 
son may buy from such person, firm or corporation, and 



Acts, 1900. — Chap. 380. 321 

have in possession if so bought, pinnated grouse, wild 
pigeons and any of the so-called shore, marsh or beach 
birds, or any of the so-called duck species, at any season, 
if such birds were not taken or killed in this Common- 
wealth contrar}'^ to the provisions of this act. 

Section 5. Whoever takes or kills, or buys or sells or Penalty. 
ofters for sale, or has in possession, or has in possession 
for sale, any bird contrary to the [)royisions of this act, 
shall be punished by a tine of twenty dollars for every bird 
so taken or killed, or bought or sold or offered for sale, or 
had in possession, or had in possession for sale. 

Section 6. Section one of chapter two hundred and Repeal, otc 
five of the acts of the year eighteen hundred and ninety- 
four, and chapter one hundred and ninety-five of the acts 
of the year eighteen hundred and ninety-eight, are hereby 
repealed; but such repeal shall not affect any forfeiture 
incurred, suit or proceeding pending or action accrued 
under said section or chapter. Ax)proved June 13, 1900. 

An Act to authorize the city of somerville to acquire and HLfyy^ SSO 

LAY OUT CERTAIN LAND FOR A PUBLIC PARK. -^ 

Be it enacted., etc., asfoUoivs: 

Section 1. The city of Somerville, by its board of ciy of somer. 

*^. . . . , ' PI ville may take, 

aldermen, may at any time within three years after the etc., certain 

liiid for iX Diib- 

passage of this act take, from time to time by gift, upon ilcpaik. 
such conditions as said board of aldermen may deem ad- 
visable, or by purchase or otherwise, and hold in fee or 
otherwise, and maintain for the purpose of a public park, 
a certain tract of land or any portion or portions thereof, 
not exceeding twenty thousand square feet in area, situated 
in said city and bounded southeasterly by Walnut street, 
one hundred and two and ninety-four one hundredths feet, 
westerly by Medford street, four hundred feet, northerly 
by land of the Boston and Lowell Railroad Company, fif- 
teen feet, and northeasterly by laud of said railroad com- 
pany, three hundred and thirty-five and eighty-five one 
hundredths feet ; be said measurements, or any of them, 
more or less. 

Section 2. Said city shall, within sixty days after the Description of 
taking of any lands as aforesaid, otherwise than by pur- recorded!etc.^*' 
chase or gift, cause to be recorded in the registry of deeds 
for the county of Middlesex, southern district, a descrip- 
tion thereof sufficiently accurate for identification, with a 
statement of the purpose for which the same were taken, 



322 



Acts, 1900. — Chap. 381. 



Damages. 



which statement shall be signed by the mayor, and the 
title of all lands so taken shall vest in the city of Somer- 
ville in fee. 

Section 3. Said city shall pay all damages sustained 
by any person or corporation in property by the taking 
of any lands, or by any other thing done by said city 
under the authority of this act. Any person or corpora- 
tion sustaining damages as aforesaid under this act, who 
fails to agree with the said city as to the amount of dam- 
ages sustained, may have the damages assessed and deter- 
mined in the manner provided by law when land is taken 
for the laying out of highways, on application at any time 
within a period of two years from the taking of such land 
or other property, or the doing of such other injury under 
the authority'' of this act. 
Appropriations. Section 4. No moncy shall be appropriated at any time 
for the taking or purchasing of said land, except by a two 
thirds vote of said board of aldermen, taken by call of the 
yeas and nays. 

Section 5. This act, except as provided in the follow- 
ing section, shall not take efl'ect unless accepted by said 
city of Somerville by a majority vote of the board of alder- 
men, taken by call of the yeas and nays. 

Section 6. So much of this act as authorizes the sub- 
mission of the question of its acceptance to the board of 
aldermen of said city shall take effect upon its passage, 
and if duly accepted it shall take full effect on the date of 
such acceptance. A^yproved June 13, 1900. 



Subject to ac- 
ceptance by 
board of alder 
men. 



When to take 
effect. 



C/i<IZ>.381 -^^ ^'^'^ '^^ AUTHORIZE RECEIVERS TO SELL THE PROPERTY, LOCA- 
TIONS AND FRANCHISES OF STREET RAILWAY COMPANIES. 

Be it enacted, etc., as follows : 

Section 1 . Any receiver, heretofore or hereafter ap- 
pointed, of the property of any street railway company 
may, by order of the court, sell and transfer the road and 
property of such company, together with its locations and 
franchises, on such terms and in such manner as the court 
may order. 

Section 2. The purchasers from such receiver, and 
any corporation organized under the provisions of section 
three of this act whenever such road has been transferred 
to it, shall hold and possess said road, together with all 
the rights and franchises thereto appertaining, and all 



Receivers may 
Bell property, 
etc., of street 
railway com- 
panies. 



Purchasers, 
etc., to hold 
and possess 
road, etc. 



Acts, 1900. — Chap. 381. 323 

property acquired in connection therewith, with the same 
rights and privileges and subject to the same duties and 
liabilities which belonged to and were incumbent upon 
the original street railway company, except however that 
no action shall be brought against such purchaser or such 
new corporation to enforce any liability incurred by said 
original corporation, excepting that all debts and liabili- 
ties owing from said original corporation to any city or 
town within which the road is operated, and all taxes and 
assessments for which said original corporation is liable 
under the statutes relating to street railways shall be as- 
sumed and paid by said new corporation ; but this pro- 
vision shall not impair the powers of the holders of any 
outstanding mortgages to enforce their rights by suit or 
otherwise. 

Section 3. The purchasers at any sale made by a re- purchasers, 
ceiver as authorized by the first section hereof shall with ^''^ • ''' '"■s*°- 

J ize a corpora- 

their associates, to the number of at least fifteen, within uon.etc. 
sixty days after such sale, organize a corporation for the 
purpose of holding, owning and operating the street rail- 
way purchased, by filing in the office of the secretary of 
the Commonwealth articles of association, setting forth the 
name of the corporation, the name of the corporation whose 
property and franchises have been purchased, the name of 
each city, town and county through which the route of the 
purchased street railway extends, the termini of the said 
railway, the name of the court by which the sale authorized 
by section one was ordered, the date of such order, the 
date of the sale, the amount of the capital stock of the suc- 
cessor corporation, and the names of at least seven persons 
to act as a board of directors until others are chosen by the 
corporation. Each associate shall subscribe to the articles 
his name, residence, post office address, and the number 
of shares of stock which he agrees to take. The secretary 
of the Commonwealth shall record the articles of associa- 
tion in a book kept by him for this purpose, and shall issue 
a certificate of incorporation in the form authorized by the 
Public Statutes to be issued to street railway companies. 
As soon as said certificate is issued the corporation shall 
organize in the manner provided for the organization of 
street railway companies in chapter one hundred and thir- 
teen of the Public Statutes. Any corporation organized May begin busi- 

. , /. 1 • • • nesa as bood as 

under the provisions of this act may begin business as organized, etc. 
soon as it is organized. In case the said purchasers at 



324 



Acts, 1900. — Chap. 382. 



Capital to be 
fixed by rail- 
road commis- 
Bioners, etc. 



Rights and 
duties of cor- 
poration. 



Certain rights 
of cities and 
towns not im- 



paired. 



any sale fail to organize a corporation as herein provided, 
all rights and powers to operate said road shall thereupon 
cease. 

Sectiox 4. The capital of any corporation organized 
under the authority of the preceding section shall he fixed 
at such sum as may be approved by the board of railroad 
commissioners, but shall not exceed the fair cost of re- 
placing the road and property so acquired hy it, less how- 
ever the amount of any outstanding mortgages to which 
the property may remain subject in the hands of such new 
corporation ; the cost of replacing to be determined by the 
board of railroad commissioners upon the application of 
the company. 

Section 5. Any corporation organized under the pro- 
visions of this act shall have all the rights and be subject 
to all the duties })rescribed by the laws which may from 
time to time be in force applicable to street railway com- 
panies, except as herein otherwise provided. 

Section 6. Nothing in this act contained shall be 
deemed to impair the right of any city or town to revoke 
any location which may be sold under the provisions of 
this act. 

Section 7. This act shall take eifect upon its passage. 

Ap2^roved June 15, 1900. 



Chcin.SS^i -^ -^CT TO PROnDE FOR THE IMPROVEMENT OF THE TRACT OF 

LAND EAST OF THE STATE HOUSE. 



Buildings on 
certain land 
belonging to 
the Common- 
wealth lo be 
removed, elc. 



Land may be 
laid out for use 
as a park, etc. 



Be it enacted, etc., asfolloivs: 

Section 1. The governor and council are hereby au- 
thorized to sell, by public auction or otherwise, any or all 
of the buildings belonging to the Commonwealth on the 
tract of land in the city of Boston east of the state house, 
between Bowdoin street and Mount Vernon street, and 
they shall cause all the buildings on the said tract of land 
to be removed within one year from the date of the pas- 
sage of this act, and the proceeds of any sale shall be paid 
into the treasury of the Commonwealth and placed to the 
credit of the State House Loans Sinking Fund. 

Section 2. The governor and council may lay out said 
land for use as a park, with walks, grassplots, curbing and 
railing, may close any part or the whole of any street 
alongside said land, may construct new approaches to the 
state house from any adjacent pu1)lic street, and may build 
retaining walls and fences. They ma}- also, in behalf of 



Acts, 1900. — CirAPS. 38^, 384. 325 

the ConuiKinwoalth, agree Avith the city of Boston in re- 
gard to any changes of grade on any of the streets on 
which the C'onnuonwealth's hmd bounds, and may waive 
any or all grade damages or cUiinis for hmd taken for im- 
provement of streets. 

Sectiox 3. All expenses incurred under this act shall f^pe'^ses*'' 
be paid from the State House Loan, 1901, authorized by 
chapter tlirce hundred and forty-nine of the acts of the 
year eighteen hundred and eighty-eight, and chapter three 
hundred of the acts of the year eighteen hundred and 
eighty-nine, and chapter four hundred and thirty-eight of 
the acts of the year eighteen hundred and ninety-two ; and 
the treasurer and receiver general is hereby authorized to 
issue additional bonds to such an amount as may be neces- 
sary to carry out the provisions of this act. 

Section 4. This act shall take effect upon its passage. 

Approved June 15, 1900. 



Ax Act to establish the salaries of the first and second 

CLERKS IN THE OFFICE OF THE SECRETART OF THE COMMON- 



Chap.38S 



Be it enacted, etc., as follows : 

SectiOjST 1. The salary of the first clerk in the ofiice First cierk in 
of the secretary of the Commonwealth shall be twenty-five taiyoftiR?com- 
hundred dollars a year, to be so allowed from the first monweaiiii. 
day of January in the year nineteen hundred. 

Section 2. The salary of the second clerk in the ofiice second cierk. 
of the secretary of the Commonwealth shall be twenty-two 
hundred dollars a year, to be so allowed from the first day 
of January in the year nineteen hundred. 

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

Approved June 15, 1900. 

An Act to establish the salary of the justice of the third niinj. 3g4 

DISTRICT court OF BRISTOL. 

Be it enacted, etc., as foUoivs : 

Section 1. The salary of the justice of the third dis- justice of third 
trict court of Bristol shall be twenty-five hundred dollars bT.IT°''''°^ 
a year, to be so allowed from the first day of January in 
the year nineteen hundred. 

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

Approved June 20, 1900. 



326 



Acts, 1900. 



Chaps. 385, 386. 



ChciP.3S5 -^ -^^'^ '^^ ESTABLISH THE SALARIES OF THE JUSTICES OF THE 
SUPREME JUDICIAL COURT AND OF THE SUPERIOR COURT. 



Justices of 
supreme judi- 
ciiil court. 



Justices of 
superior court. 



Repeal. 



Wlien to talic 
effect. 



Be it enacted, etc. , as follcnvs : 

Section 1. From and after the first day of August in 
the year nineteen hundred there shall be paid out of the 
treasury of the Commonwealth to the chief justice of the 
supreme judicial court an annual salary of eighty-five hun- 
dred dollars, and also five hundred dollars annually in full 
compensation for travelling expenses ; and to each of the 
associate justices of said court an annual salary of eight 
thousand dollars, and also five hundred dollars to each 
annually in full compensation for travelling expenses. 

Section 2. From and after the first day of August in 
the year nineteen hundred there shall be paid out of the 
treasury of the Commonwealth to the chief justice of the 
superior court an annual salary of seven thousand dollars, 
and also five hundred dollars annually in full compensation 
for travelling expenses ; and to each of the associate jus- 
tices of said court an annual salary of sixty-five hundred 
dollars, and also five hundred dollars to each annually in 
full compensation for travelling expenses. 

Section 3. Chapters one hundred and four and three 
hundred and twenty-eight of the acts of the year eighteen 
hundred and ninety-two are hereby repealed. 

Section 4. This act shall take effect on the first day of 
August in the year nineteen hundred. 

Approved June 20, 1900. 



Chcip.SSQ An Act relative to printing certain parts of the annual 

REPORT OF THE INSURANCE COMMISSIONER. 

Be it enacted, etc., asfolloios: 

amended ^ ^' SECTION 1 . Scctiou scvcu of chaptcT three hundred and 

ninety-three of the acts of the year eighteen hundred and 
ninety-four is hereby amended by inserting the following 
paragraphs after line fifty-nine : — 

Of that part of the report of the insurance commissioner 
relating to fraternal beneficiary corporations, fifteen hun- 
dred copies. 

Of that part of the report of the insurance commissioner 
entitled " Texts and Tables", five hundred copies. 

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

Api^roved June 20, 1900. 



Acts, 1900. — Cii.u\ 387. 327 



Ax Act kklative to the auolition of certain guade ckoss- (Jhnt) 387 

INGS IN THE CITY OF WOKCESTEK. 

Be it enacted, etc., as follows: 

Section 1. Upon petition by the mayor and aldermen coramisBionto 
of the city of Worcester to the superior court for the uponpeutfon, 
county of Worcester a commission, as provided in chapter '^'''* 
four Imndred and twenty-eight of the acts of tlie year 
eighteen hundred and ninety and acts in addition thereto 
and in amendment thereof, shall be appointed to prescribe 
the manner in which all the grade crossings of railroads 
and public and private ways between the Union station 
and Cambridge street, and the grade crossing of the Nor- 
wich and Worcester railroad and Cambridge street and 
the railroad crossing at Worcester Junction in said Worces- 
ter, shall be abolished, by raising the railroads so that the 
tracks of the several railroads shall be elevated at the 
Union station to the height of twelve feet above their 
present grade, and so that Grafton and Green streets, and 
Southbri dge street north of Worcester Junction, and 
Hammond street shall be crossed by bridges giving not 
less than sixteen feet at Grafton and Green streets and 
fifteen feet at Southbridge street, and thirteen feet at 
Hammond street clear head-room between the grade of the 
streets and the bridges, or the centre of the bridges in 
case an arch is prescribed at any street, and so that the 
tracks of the railroad at Grand street shall not be raised 
more than six feet above their present level ; but the grade 
of Green street shall not be lowered more than three feet, 
and the grade of Southbridge street and Hammond street 
shall not be lowered without the consent of the city coun- 
cil of the city of Worcester, and all streets under bridges 
shall be of not less than their present width. Said com- to prescribe 
mission shall also prescribe the construction of bridges in ^rf^ges'^et"" ^^ 
the railroad as raised to span suitable openings for the 
extension of Madison street and Hermon street by the city, 
and shall also prescribe such alterations in the existing 
crossings of other public and private ways over and under 
said railroads, and any of them, and of railroads with each 
other, within the limits above specified, as may be required 
by the abolition of the grade crossings in the manner 
above provided. 

Section 2. The commission shall also, after due notice to prescribe 
to all parties to the petition, and also to the Fitchburg aUolTB^inVnion 



328 



Acts, 1900. — Ciiap. 387. 



passenger 
station, etc. 



Certain pro- 
visions of law 
to apply. 



Construction of 
certain bridges, 
etc. 



Certain changes 
to be of a tem- 
porary charac- 
ter, etc. 



Taking of land. 



Railroad Company and to the Worcester, Nashua and 
Rochester Railroad Company, and a hearing, prescribe as 
a part of the work to be done under the provisions of 
this act such alterations in the Union passenger station as 
may be made necessary by the abolition of the grade 
crossings hereinbefore designated, in the manner provided 
by this act, and as in their judgment the safety and con- 
venience of the public and the interests of the railroad 
companies using said station may require. The Boston 
and Albany Railroad Company shall alter said station in 
the manner thus prescribed by the commission, within 
three years after the report of the commission is confirmed 
by final decree. All the provisions of chapter three hun- 
dred and forty-three of the acts of the year eighteen hun- 
dred and seventy-one, and acts in amendment thereof and 
in addition thereto, except as herein otherwise provided, 
shall apply to said Union passenger station as so altered. 

Section 3. All bridges built, maintained and retained 
over streets within the limits described in section one of 
this act shall have solid and water-tight floor construction, 
with provision for deadening sound. No existing public 
or private way crossing the location of any railroad within 
the limits described in section one shall be discontinued 
in any proceeding under the provisions of this act, without 
the approval of the city council of the city of Worcester ; 
and no railroad company shall be entitled to damages on 
account of the laying out and construction of Madison and 
Hermou streets across its location. 

Section 4. In making decrees and changes with refer- 
ence to the viaduct established under the provisions of 
section eleven of chapter three hundred and forty-three 
of the acts of the year eighteen hundred and seventy-one, 
as amended by chapter one hundred and seventy-two of 
the acts of the year eighteen hundred and eighty-six, 
changes in construction shall, so far as the commission 
deems practicable, be of a temporary character, so that 
the same may be altered and a permanent arrangement 
made when the grade crossings on the Worcester, Nashua 
and Rochester railroad and the Fitchburg railroad, between 
and including Garden street and Union station, shall be 
abolished. 

Section 5. Any commission appointed under the pro- 
visions of this act shall have power to prescribe the taking 
of land in fee or otherwise within or without the location 
of any one or more of said companies, from any one or 



Acts, 1900. — Chap. 387. 329 

more of tlioin, and the decree of the court confirming the 
decision of the commission shall constitute such taking. 

Section G. The alterations at said Union station, the AiteiationRat 
decisions of said commission, and the constructions under etc.7to''be^made 
the authority thereof shall be made in contem})lati()n of an |lon°of au^^'"' 
elevation of at least twelve feet at the Union station of t^i^''/,!"^',^"^ '''"■■ 
the tracks of the Fitchburg Kailroad Company and the 
'\\'orcestcr, Nashua aM<l Kochester Kailroad Company, 
when the said crossings upon those railroads I)etween the 
Union station and Garden street may be abolished. 

Section 7. The compensation of the conmiissioners compensatioa 

d, 1 • 1 • • • • 1 of conimis- 

the expenses incurred m surveynig, engineering and Bioners, etc. 

other matters under their direction to enable them to make 
their report shall be a part of the expenses of the altera- 
tions of said railroads and ways provided for in this act, 
and shall l)e apportioned as provided by law. The work work to be 
required to be done by the decision of the commission and nfne months* 
the final decree of the court shall be begun within nine "lec/ee.""' 
months after such final decree, and shall be prosecuted to 
completion with diligence. 

Section 8. All the provisions of chapter four hundred ^fgio'^j" P/°aw 
and twenty-eight of the acts of the year eighteen hundred to apply, etc. 
and ninety, and acts in amendment thereof and in addition 
thereto, shall apply to all proceedings under this act, 
except as otherwise provided herein ; and no further pro- 
ceedings shall be had upon petitions heretofore filed under 
said chapter four hundred and twenty-eight as to any 
crossings and streets within the limits described in section 
one of this act, except that the superior court may revoke 
any and all decrees heretofore entered, and apportion the 
costs of hearings and the compensation of commissioners. 

Section 9. Said railroad companies, respectively, may Railroad com- 
sell and convey all their right, title and interest in and to etc^lTightni*^*^ ' 
any land occupied by them for railroad purposes, the use ^e^***'"^ ^''°'^' 
of which may be discontinued under the provisions of this 
act. 

Section 10. The Boston and Albany Railroad Company Boston and 
is hereby authorized to issue bonds to such an amount, not road company 
exceeding seven hundred thousand dollars, as its directors ISsr"'^ 
shall determine to be reasonably requisite to provide for 
its share of the expenditure arising under the provisions 
of this act. 

Section 11. The city of Worcester, to meet the ex- city of 
penses to be incurred by the city under the provisions of issue notes, ' 
this act, may incur indebtedness and may issue notes, ^cm^s or ecnp, 



330 Acts, 1900. — Chap. 388. 

bonds or scrip therefor, payable within forty years from 
the dates of issue, and the same shall not be reckoned in 
determining the statutory limit of indebtedness of the 
p. s. 29, etc., to city. The provisions of chapter twenty-nine of the Public 
apply. Statutes and acts in amendment thereof and in addition 

thereto shall apply to the issue of such bonds, notes or 
scrip, and to the establishment of a sinking fund for the 
payment thereof at maturity, except so far as is otherwise 
provided herein. 

Section 12. This act shall take eflect upon its passage. 

Approved June 20, 1900. 

(JJiap.SSS ^^ -^^T MAKING APPRO PKIATIONS FOR EXPENSES AUTHORIZED DUR- 
ING THE PRESENT YEAR, AND FOR CERTAIN OTHER EXPENSES 
AUTHORIZED BY LAW. 

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 in certain acts and resolves of the present year, 
and for certain other expenses authorized by law, to 
wit : — 

Summer Bchooia Yov expcuscs of summcr schools for teachers, as author- 
ized by chapter two hundred and nineteen of the acts of 
the present year, a sum not exceeding fifteen hundred 
dollars. 

books'fo'i-free ^^^ ^^® purchasc of books for free public libraries, as 

public libraries, authorized by chapter two hundred and thirty- three of 
the acts of the present year, a sum not exceeding three 
thousand dollars. 

rr°nor?'' °^ '^°^" For the purpose of procuring for the Commonwealth 
a portrait of its present governor, as authorized by chap- 
ter two hundred and ninety-seven of the acts of the present 
year, a sum not exceeding one thousand dollars. 

^formatoJy"* ^^^' ^ ^®^ hospital, lauudiy and bath house building 
at the Massachusetts reformatory, as authorized by chap- 
ter fifty-three of the resolves of the present year, a sum 
not exceeding thirty-five thousand dollars. 

Bchoout FUch. ^^^ completing and furnishing the building for a model 

burg- and practice school at the state normal school at Fitch- 

burg, as authorized by chapter fifty-four of the resolves 
of the present year, a sum not exceeding seventy-five 
hundred dollars. 



Acts, 1900. — Chap. 388. 331 

For certain improvements at the state farm, as author- sutefann. 
ized by chapter tifty-five of the resolves of the present 
year, a sum not exceeding fourteen thousand five hundred 
dollars. 

For certain improvements at the asylum for insane Asylum for 
criminals at the state farm, as authorized by chapter uaTa"*^ '^"°'' 
fifty-six of the resolves of the present year, a sum not 
exceeding twenty-nine thousand dollars. 

For John J. Nichols, as authorized by chapter fifty- -Tohnj. 
seven of the resolves of the present year, the sum of three 
hundred and fifty dollars. 

For printing additional copies of the report of the Report on 

• . J 1 j_ 1 • 1 1 L" boundaiy line 

commissioners on the topographical survey and map oi between Maesa- 
Massachusetts on the boundary line between the Com- Nt,"rYor'k.'* 
mon wealth and the state of New York, as authorized by 
chapter fifty-eight of the resolves of the present year, the 
sum of sixteen dollars and seventy cents. 

For certain improvements at the Lyman school for boys, Lyman echooi 
as authorized by chapter sixty of the resolves of the present ""^ ^^^' 
year, a sum not exceeding eighteen thousand dollars. 

For publishing a history of the state seal and coat-of- ^"y'of'ltfte'*' 
arms, as authorized by chapter sixty-one of the resolves seal and coatof. 
of the present year, a sum not exceeding one hundred and 
fifty dollars. 

For expenses of an investigation concerning the com- investigation 
pletion of the New Bedford and Fairhaven bridge over pietion of N^ew 
the Acushnet river, incurred by the joint board of railroad Fafrh'aven"'' 
commissioners and harI)or and land commissioners, as •^"dge. 
authorized by chapter ninety-nine of the resolves of the 
year eighteen hundred and ninety-nine, the sum of one 
hundred twenty-five dollars and twenty-six cents. 

For the survey and improvement of harbors and for survey and im- 

..-, ' T 1 J 1 ji j_ provemeut of 

repairing damages occasioned by storms along the coast harbors, etc. 
line or river banks of the Commonwealth, as authorized 
by chapter three hundred and nine of the acts of the 
present year, a sum not exceeding twenty-five thousand 
dollars. 

For the construction at the state camp ground of build- bni'iding^s^aT °^ 
ings for the issue of rations, as authorized by chapter state camp 
sixty-two of the resolves of the present year, a sum not 
exceeding twelve hundred dollars. 

For certain improvements at the state camp ground, as improvemente 
authorized by chapter sixty-three of the resolves of the ground.''^'"^ 
present year, a sum not exceeding six thousand dollars. 



332 



Acts, 1900. — Chap. 388. 



Care, etc., of 
U. 8. steamer 
Inca. 



Investigation of 
sanitary condi- 
tion of Slid bur J' 
and Concord 
rivers, etc. 



Phoebe H. K. 
Ohai)nian. 



Lemuel Burr. 



State normal 
school at 
Bridgewater. 



Worcester in- 
sane hospital. 



State hospital. 



New Bedford 
textile school. 



Lowell textile 
school. 



Preservation of 
ornamental and 
shade trees on 
public high- 
ways. 



Witnesses be- 
fore commit- 
tees. 



For the care, furnishing and repair of the United States 
steamer Inca, as authorized by chapter sixty-four of the 
resolves of the present year, a sum not exceeding eight 
hundred dollars. 

For investigating the sanitary condition of the Sudbury 
and Concord rivers and of the meadows adjacent thereto, 
as authorized by chapter sixty-five of the resolves of the 
present year, a sum not exceeding three thousand dollars. 

For Phoebe H. K. Chapman, as authorized by chapter 
sixty-six of the resolves of the present year, the sum of 
one hundred and twenty-five dollars. 

For Lemuel Burr, as authorized by chapter sixty-seven 
of the resolves of the ^jresent year, the sum of one hundred 
and fifty dollars. 

For repairs and improvements at the state normal school 
at Bridgewater, as authorized hy chapter sixty-eight of the 
resolves of the present year, a sum not exceeding five 
thousand seven hundred dollars. 

For completing the new building at the Worcester insane 
hospital, as authorized by chapter sixty-nine of the resolves 
of the present year, a sum not exceeding thirty-nine thou- 
sand nine hundred ninety-eight dollars and forty-four cents. 

For certain improvements at the state hospital, as au- 
thorized by chapter seventy of the resolves of the present 
year, a sum not exceeding forty-three thousand five hun- 
dred dollars. 

For the New Bedford textile school, as authorized by 
chapter seventy-two of the resolves of the present year, 
the sum of eighteen thousand dollars. 

For the erection of buildings for the Lowell textile 
school, as authorized by chapter seventy- three of the re- 
solves of the present year, a sum not exceeding thirty-five 
thousand dollars. 

For purchasing nails or spikes to be driven into certain 
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 one hundred dol- 
lars, the same to be in addition to any amount heretofore 
appropriated for the same purpose. 

For expenses of summoning witnesses before commit- 
tees, and for fees of such witnesses, a sum not exceeding 
six hundred dollars, the same to be in addition to any 
amount heretofore appropriated for the same purpose. 

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

Approved June 20, 1900. 



Acts, 1900. — Chap. 389. 333 



An Act to frovide fou kepaiking CEKTAm niGiiWAYS and QJiap,o89 

mUDGES IN THE TOWN OF MAKSIIFIELU. 

Be it enacted, etc., as follows: 

Section 1. The count}' commissioners of the county Repair, etc, of 
of Plymouth are hereby authorized and empowered to re- way"and^ " 
pair, rebuild or relocate and construct the highways and Ma^hfieid. 
bridges in the town of Marshfield which were damaged 
or destroyed by the storm of November twenty-sixth 
and twenty-seventh in the year eighteen hundred and 
ninety-eight, as in their opinion will best provide for the 
public safety and convenience, and to build such sea 
walls, breakwaters or other structures for the protection 
of said highways as they may deem proper. The cost of ^^^^^["^^t"* °^ 
the work herein authorized shall be paid from the treasury 
of the Commonwealth upon vouchers to l)e approved by 
the governor and council, in the same manner in which 
other claims against the Commonwealth are approved ; but 
the total expenditure under the authority of this act shall 
not exceed twenty thousand dollars. 

Section 2. For the purposes of this act the said com- comniUsioners 
missioners shall have full and exclusive jurisdiction over sive jurisdio- 
said highways and bridges while at work upon them, and wo"k,"e'tc5 
shall give written notice to the selectmen of said town of 
the day on which they will begin work on each section of 
highway or bridge, and shall give a similar notice of the 
time of completion of each section of highway or bridge. 

Section 3. The provisions of chapter nineteen of the p.s.io to apply 
Public Statutes shall apply to any work done in tide water 
under the provisions of this act. 

Section 4. Said commissioners shall keep an accurate commissioDers 

i,.TP IT j.i.1 to make report 

account ot the amount and kmd oi work done, together to governor and 
with the cost of the same, and shall make a detailed report *'°"°" ' 
thereof to the governor and council on or before the first 
day of January in the year nineteen hundred and one. 
They shall include in their report an accurate statement 
of the services performed by each commissioner under the 
provisions of this act. 

Section 5. This act shall take eflect upon its passage. 

Approved June 20, 1900. 



334 



Acts, 1900. — Chap. 390. 



Chaj} 



Holyoke, etc. 



.390 ■'^^ -^CT RELATIVE TO THE RATIFICATION OF A CERTAIN CONTRACT 
MADE BY THE CITY OF HOLYOKE BY ITS BOARD OF PUBLIC WORKS 
ymu THE HOLYOKE "WATER POWER COMPANY. 

Be it enacted, etc., asfoUoios: 

?a"fficitron*of a Section 1. The board of aldermen of the city of Hol- 
certain contract yoke shall Call a spccial meetinor of the voters of the city, 

to be submitted *;' , i i i • i • • i r- /• i • 

to voters of to 06 held Within sixty days after the passage of this act, 
to vote upon the following question : — "Shall the con- 
tract of the city of Holyoke, by its board of public works, 
with the Holyoke Water Power Company for the furnish- 
ing of electricity for lighting and commercial purposes for 
a period of ten years from the date thereof, and dated 
February third, nineteen hundred, be ratified?" And if 
the said question be answered affirmatively by a majority 
of the voters voting thereon the said contract shall be 
deemed ratified, and the same shall be legal and binding 
from the date thereof, in like manner as if the city of 
Holyoke had possessed full authority on the date of the 
contract to make the same, and the city shall thereupon 
be released from all liability to purchase the plant and 
property of said Holyoke Water Power Company under 
the votes heretofore passed by the city under the pro- 
visions of chapter three hundred and seventy of the acts 
of the year eighteen hundred and ninety-one and chapter 
four hundred and fifty-four of the acts of the year eighteen 
hundred and ninety-three and any amendments thereof; 
and the said city shall not during the period of the said 
contract establish any municipal lighting plant under said 
statutes or any similar enabling acts hereafter passed. 

Section 2. No person entitled to vote at the meeting 
called and held under the authority of section one of this 
act shall, upon the day of said meeting, be employed by 
any manufacturing, mechanical or mercantile establish- 
ment, except such as may lawfully conduct its business 
on Sunday, during the period of two hours after the 
opening of the polls in the voting precinct in which he is 
entitled to vote, if he shall make application for leave of 
absence during such period. 

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

Approved June 21, 1900. 



Time to be 
allowed for 
employees to 
vote. 



Acts, 1900. — Ciiap. 391. 335 



An Act to provide an additional water supply for the nj^fi^ '^01 

TOWN OF injOOKLlNE. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Brookline is hereby author- Additional 
ized to take, hold and convey into and through said town be'provided fo^ 
from lands near the Charles river, at any convenient point li'ooiii'ne. 
upon the same accessible to the pumping plant of said 
town, water for the use of said town and the inhabitants 
thereof, not exceeding two million gallons daily, in addi- 
tion to the three million gallons daily which it is now 
authorized to take from the Charles river by chapter three 
hundred and forty-three of the acts of the year eighteen 
hundred and seventy-two and by chapter one hundred 
and thirty-one of the acts of the year eighteen hundred 
and eighty-eight, making the whole quantity which the 
town is authorized to take five million gallons daily. The 
two million gallons daily aforesaid is to be taken from the 
water bearing strata contained within the said lands, and 
is to be drawn therefrom through artesian, driven or dug 
wells, or water galleries now installed or to be installed. 
All the provisions of said chapters three hundred and 
forty-three and one hundred and thirty-one not incon- 
sistent with this act shall apply to the additional two 
million gallons daily, in the same manner and to the same 
extent as said provisions apply to the three million gal- 
lons daily authorized to be taken by said chapters ; and Damages. 
so far as the amount of water flowing in Charles river is 
diminished by the taking of water hereby authorized said 
town shall be liable in damages to any person or corpora- 
tion thereby injured, to be ascertained and recovered as 
provided in said chapter three hundred and forty three. 

Section 2. Said town for the purposes mentioned ^°°eVscri 
herein and in said chapters three hundred and forty-three 
and one hundred and thirty-one may issue notes, scrip or 
certificates of debt, to be denominated on the face thereof, 
Brookline Water Scrip, to an amount not exceeding two 
hundred and fifty thousand dollars in addition to the 
amount of twelve hundred thousand dollars Avhich said 
town has heretofore been authorized to issue, to be issued 
upon the same terms and conditions and with the same 
powers prescribed in said chapters three hundred and 
forty-three and one hundred and thirty-one : provided^ Proviso. 
that the whole amount of such notes, scrip or certificates 



336 Acts, 1900. — Chaps. 392, 393. 

of debt issued by said town for the purposes herein men- 
tioned shall not in any event exceed the sum of fourteen 
hundred and fifty thousand dollars. 
When to take Section 3. This act shall take effect when accepted 
by two thirds of the legal voters of said town present and 
voting thereon at a town meeting called for that purpose 
within two years from the passage of this act. 

Approved June 21, 1900. 

Chcip.3Q2i -^N Act to authorize the town of Sunderland to subscmbe 

FOR AND HOLD SHARES OF THE CAPITAL STOCK OR BONDS OP 
THE AMHERST AND SUNDERLAND STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

^^^and'hoid^'' Section 1. The town of Sunderland is hereby author- 
shares of capuai ized to sul)scribe for and hold shares of the capital stock 
the AmherBt or bouds of the Amhcrst and Sunderland Street Kailway 
street^RaUway Compauy, to the amouut and in the manner provided for 
Company. ^y gectious forty-six to fifty, both inclusive, of chapter 
one hundred and twelve of the Public Statutes, with 
reference to the subscription by towns for shares of the 
capital stock or securities of a railroad corporation. 

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

Approved June 25, 1900. 

(7/itt/?.393 ^^ -^*^^' RELATIVE TO THE COMPENSATION OP THE METROPOLITAN 

PARK COMMISSIONERS. 

Be it enacted, etc., as follows : 

1893, 40V, §1, Section 1. Section one of chapter four hundred and 

seven of the acts of the year eighteen hundred and ninety- 
three, as amended by section one of chapter four hundred 
of the acts of the year eighteen hundred and ninety-nine, 
is hereby amended by striking out the words "eighteen 
hundred and ninety-nine ", in the sixteenth and seventeenth 
lines, and inserting in place thereof the words : — nineteen 

Metropolitan Imndrcd, — so as to read as follows: — Sectio7i 1. The 

1 ark Conimis- ' ^ _ 

eion, appoint- govcmor, by and with the advice and consent of thecoun- 
etc. ' ' cil, shall appoint five persons, who shall constitute a board 
to be known as the Metropolitan Park Commission. The 
members of this board shall hold ofiice respectively for the 
terms of one year, two years, three years, four years and 
five years, beginning with the first Monday in May in the 
year eighteen hundred and ninety-tln-ee, and annually 
thereafter the governor shall appoint as aforesaid one 



Acts, 1900. — Cuai-. 394. 337 



such coinniist^ionor, to hold office for the term of five 

years, beginning with the first Monday in May in the year 

of his a[)pointment ; and if any vacancy occurs in said 

board bv resignation or otherwise the governor shall in 

like manner appoint a commissioner for the residue of the 

term in which the vacancy occurs, and may also remove 

any commissioner. The members of said board, or any compensation, 

of them, may receive for the year nineteen hundred, such '**^* 

compensation for their services as the governor, with the 

advice and consent of the council, may authorize, and shall 

also be allowed their travelling and other expenses incurred ' 

in the discharge of their duties, and all sums so authorized 

and allowed shall be paid by the Commonwealth and shall 

be a part of the expenses under this act. 

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

Aiyproved June 25, 1900. 



'' Ghap.m^ 



Ax Act to provide for an additional water supply for the 

HYDE PARK AVATER COMP^INY'. 

Be it enacted, etc., as foUoios : 

Section 1. Section two of chapter ninety-one of the i884, 9i,§2, 
acts of the }'ear eighteen hundred and eighty-four is hereby "'"'^" '^ 
amended by inserting after the word " beginning", in the 
twelfth line, the words : — also the waters that may be 
drawn from artesian, driven or dug wells, and water gal- 
leries installed or to be installed within the following ter- 
ritory, to wit : Beginning at the junction of River street 
and Paradise lane, so-called, in Dedham, near the division 
line between Hyde Park and Dedham, thence noi-therly 
along said Paradise lane and the extension thereof to and 
across Mother brook, to land occupied as a right of way 
by the metropolitan sewer of the Commonwealth of Mas- 
sachusetts, thence westerly along said right of Avay to a 
point opposite the estate of William Ovens, thence south- 
westerly to and across Mother brook to Milton street, 
meeting said Milton street at the point where the culvert 
crossing said street leads into the land of William Ovens, 
thence southeasterly along said Milton street to and across 
Eiver street to a point where Paradise lane if extended 
across River street in a southerly direction would meet 
said Milton street, thence northerly to and across River 
street to the point of beginning ; excepting however from 
such territory all streets and ways that may be found 
therein, — so as to read as follows: — Section 2. The 



338 Acts, 1900. — Chap. 394. 

ffom m^ ^''bIT ^^^^ corporation, for the purposes aforesaid, may take, 
river, etc. hold and convej through said town of Hyde Park, or any 

part thereof, the waters of the Neponset river or of any 
springs upon its watershed within the territory bounded 
by a line drawn from the junction of Mother brook and 
Neponset river southerly to the junction of Neponset river 
and New York and New England railroad, thence follow- 
ing the said railroad southerly to the tow^n line, thence 
easterly on said town line to Neponset river, thence down 
said river and westerly following the town line to its junc- 
tion with Williams avenue, thence in a straight line to 
May take waters point of beginning; also the waters that may be drawn 

drawn from cer- .. j-i- i n tj n» 

tain wells, etc. irom artcsiau, driven or dug wells, and water galleries 
installed or to be installed within the following territory, 
to w^it : Beginning at the junction of River street and 
Paradise lane, so-called, in Dedham, near the division line 
between Hyde Park and Dedham, thence northerly along 
said Paradise lane and the extension thereof to and across 
Mother brook, to land occupied as a right of way by the 
metropolitan sewer of the Commonwealth of Massachusetts, 
thence westerly along said right of way to a point opposite 
the estate of AVilliam Ovens, thence southwesterly to and 
across Mother brook to Milton street, meeting said Milton 
street at the point where the culvert crossing said street 
leads into the land of William Ovens, thence southeasterly 
along said Milton street to and across River street to a 
point where Paradise lane if extended across River street in 
a southerly direction would meet said Milton street, thence 
northerly to and across River street to the point of begin- 
ning ; excepting however from such territory all streets 

May take neces- and ways that may be found therein ; and may take and 

sary real estate, iiii i ji* i i 

etc. hold, by purchase or otherwise, any real or personal 

estate, rights of way and easements necessary for holding 
and preserving such water and for conveying the same to 
any part of said town ; and may erect on the land thus 
taken or held reservoirs, buildings, fixtures and other 
structures, and may make excavations, procure and oper- 
May construct atc machinery; may construct and lay down conduits, 
conduU8,°eTc! pipcs aiid otlicr works under or over any lands, water 
courses, railroads or public or private wa>'s, and along 
such ways in such manner as not unnecessarily to obstruct 
the same ; and may provide such other means and appli- 
ances and do such other things as may be necessary for 
the establishment and maintenance of complete and effi- 
cient water works. For the purpose of constructing, main- 



Acts, 1900. — C^iiap. 395. 339 

taining and repairing such conduits, pipes and other May dig up 
works, and for all proper ])urposes of this act, said cor- '""^•*''^'=- 
poration may dig up any such lands, and under the 
direction of the board of selectmen of the town may enter 
upon and dig up any such public ways in such manner as 
to cause the least hindrance to public travel thereon. 

Section 2. Said town of Hyde Park shall have the Town of Hyde 
right at any time to take by purchase or otherwise the francMs^ pioV 
franchise, corporate property and all the rights and privi- tiilfe.^"'"' "' ''"^ 
leges of said corporation in the franchise and corporate 
property held within the town of Dedham as herein au- 
thorized. If said town of Hyde Park shall take by pur- 
chase or otherwise the franchise and corporate property 
of said corporation it shall pay for the franchise and cor- 
porate property of all kinds held within the town of Ded- 
ham the total actual cost thereof, including in such cost 
interest on each expenditure from its date to the date of 
the purchase or taking, at the rate of five per cent per 
annum, unless the purchase price is otherwise mutually 
agreed upon between said town and said corporation. In in case of disa. 
case said town shall vote to purchase of said corporation BupTemeVidi- 
said franchise, corporate property, rights and privileges, cog't^'^etcy "^^ 
and cannot agree with said corporation upon the amount 
of the total actual cost thereof, then upon a suit in equity, 
either by said town or by said corporation, the supreme 
judicial court shall ascertain and lix such total actual cost 
under the foregoing provisions of this act, and shall enforce 
the right of said town to take possession of said franchise, 
corporate property, rights and privileges, upon the pay- 
ment of such cost to said corporation. This authority to Taking of fran- 
take said franchise and property is granted on condition agsented''to\Va 
that the same is assented to l)y said town by a two thirds ^"^^ '^'''^^ ''°''''- 
vote of the voters present and voting thereon at a meeting 
called for that purpose : provided, that not more than three proviso. 
such meetings shall be held in any one year. 

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

Axtproved June 2/), 1900. 



C7ia2x395 



As Act relative to railroad fares in the suburban district 

OF BOSTON. 

Be it enacted, etc., as folloius : 

Section 1. Every railroad company having a terminus Railroad fares 
in Boston, excepting the Boston, lievere Beach and L^^nn duuictorBos- 
Railroad Company, shall furnish for the use of passengers ^°^- 



340 Acts, 1900. — Chaps. 396, 397. 

travelling to and fro between Boston and any particular 
point in what is known as the Suburban district, a com- 
mutation ticket, for not more than twenty-five trips, at 
such a price that the fare for each trip shall not exceed the 
lowest rate now charged between Boston and that particular 
point, excepting the rate charged by such railroad company 
for season tickets or for tickets upon workingmen's trains, 
so-called. 
When to take Section 2. This act shall take effect on the first day 
of July in the year nineteen hundred. 

Approved June 25, 1900. 

Ch(ip>3Q(j ■^'^ -^CT TO AUTHORIZE THE COUNTY OF WORCESTER TO PAY A SUM 
OF MONEY TO THE W^IDOW OF ANDREW J. BARTHOLOMEW. 

Be it enacted, etc., as foUoirs : 

Wo^cJster may SeCTION 1 . The COUUty of WorCCStcr is hereby author- 

pay a certain ized to pay to the widow of Andrew J. Bartholomew late 

sum of money . . '■^ i ,> ,. . . , 

to widow of justice or the first district court or southern Worcester, 
BarthoTom'ew. who died OH the Seventeenth day of July in the year 
eighteen hundred and ninety-nine, the sum of six hundred 
and eighty-seven dollars and fifty cents, being the amount 
of salary to which he would have been entitled had he 
lived and performed the duties of said ofiice until the 
thirty-first day of December in the year eighteen hundred 
and ninety-nine. 

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

Apiproved June 25, 1900. 

ChCLT)-'^^^ ^^ ^^'^ ^^ PROVIDE FOR THE CARE AND MAINTENANCE OF INDIGENT 

AND NEGLECTED CHILDREN. 

Be it enacted, etc. , as folloivs : 

fharityT^y*'^ SeCTION 1. UpOU the Written application of the par- 

provide for care, ent or guardian, or, if there is no parent or guardian, of 
children. a friend of a child under the age of sixteen years who is 

dependent upon public charity, or upon the written appli- 
cation of the overseers of the poor of the city or town 
where such child is found, the state board of charity may 
in its discretion provide for his care and maintenance. 
Certain children SECTION 2. Whenever it is made to appear to any 

to be com- . ft i • ••11 

naitted to cus- court or magistrate, after due complaint setting forth the 

board°of '"* facts relied upon, and a hearing thereon, that, within the 

chanty, etc. jurisdiction of such court or magistrate, any child under 

sixteen years of age, by reason of orphanage, or of 



Acts, 1000. — Chap. 307. 341 

neglect, crime or drunkenness, or other vice of his par- 
ents, is growinir up without education or salutary control, 
and in circuuistances exposing him to lead an idle and 
dissolute life, or is dependent upon public charity, the 
court or magistrate shall, after notice to the state board 
of charity, commit the child, whether he has or has not a 
settlement, to the custody of the said board, until he ar- 
rives at the age of twenty-one years, or for any less time ; 
and said board shall provide for the care and maintenance 
of the child without expense to the city or town of his 
settlement, and may discharge the child from its custody 
whenever the object of his commitment has been accom- 
plished : provided, however, that such child, if he has a Provuo, 
settlement, shall be committed to the custody of the over- 
seers of the poor of the place of his settlement, if they so 
request ; and the state board shall transfer its custody of 
any such children having a settlement to the overseers of 
the poor of the place of settlement, upon their general or 
written request, and such transfer shall thereafter relieve 
the Commonwealth from further liability for their main- 
tenance. The overseers of the poor shall have the same 
powers as to children committed or transferred to their 
custody which are given to the state board as to children 
in its custody. 

Section 3, When any indigent or neglected child is Proceedings id 
brought on such complaint before a court or magistrate a piaCnt?^ ''°™" 
summons shall be issued requiring the person to whom 
such summons is directed to appear at the time and place 
stated in the summons, and show cause, if any there be, 
why such child should not be committed in accordance 
with the provisions of section two of this act. Such sum- 
mons shall be directed to the father of the child if living 
and resident within the Commonwealth, and if not then 
to the mother of the child if living and resident within the 
Commonwealth. If there be no parent living and resident 
such summons shall be directed to the legal guardian, if 
there be one, of such child, and if there be none then to 
the person with whom, according to the statement of such 
child, which shall be received, such child resides. If 
there be no such person the court or magistrate before 
whom such child is brought may appoint some suitable 
person to act in behalf of such child ; and a notice of the 
hearing shall be sent by such court or magistrate to the 
state board of charity. The child, parent, guardian or 



342 Acts, 1900. — Chains. 398, 399. 

other person appearing in behalf of such child, and the 
state board of charity, shall have a right of appeal from 
the finding; or decision of said court or masiistrate to the 
superior court, civil session, of the county within which 
said hearing is held, and if upon appeal said child, parent, 
guardian or other person appearing on behalf of such 
child, shall fail or be unable to furnish such bail as may 
be required by the court or magistrate l)efore wdiom such 
hearing is held, such child shall be committed to the cus- 
tody of the state board of charity pending the determina- 
tion of such appeal. 
chiidientobe Section 4. The children in the carc or custodv of the 

placed in private iin i ^ • • i»m' -77 

families. statc board shall be placed in private families : provided. 

Proviso. |.j^^^ jj^ ^^yg ^^ illness, or change of place, or while await- 

ing trial, they may be placed in any suitable institution. 
frurSfor'"^ Section 5. In the city of Boston the trustees for 
children in children shall have the powers and duties herein conferred 

Boston. /.I '11 

upon the overseers of the poor in other places. 
effect".*" '^^'^ Section 6. This act shall take effect on the first day 
of July of the present year. Approved June 25, 1900. 

(77«ft».398 ^^ -^CT RELATFVK TO INTEREST TO BE PAID BY COKPOKATIONS TO 
THE COMMONWEALTH ON OVERDUE TAXES. 

Be it enacted, etc., asfoUoivs: 

pay^intetl^ron" Section 1. All corporatioHs neglecting to pay taxes 
overdue taxes, asscsscd and Certified to the treasurer by the tax commis- 
sioner of the Commonwealth shall pay interest at the rate 
of six per cent per annum on the amount so certified, from 
the time when such taxes become due until they are paid. 
Section 2. This act shall take eflect upon its passage. 

Approved June 25, 1900. 

Chav.SQQ An Act relative to the limit of the municipal debt and 

THE RATE OF TAXATION IN THE CITY OF BOSTON. 

Be it enacted, etc., asfolloios: 

amendld.^^* Section 1. ScctioH ouc of chapter three hundred and 

twelve of the acts of the year eighteen hundred and eighty- 
five is hereby amended by striking out the first four lines 
of said section and inserting in place thereof the words : — ■ 
The taxes assessed on property, exclusive of the state tax, 
county tax and sums required by law to be raised on 
account of the city debt, shall not exceed in any year in 
the city of Boston ten and one half dollars, and in any 



Acts, 1000. — Chap. 400. 343 

other cit}', — so as to read as follows : — Section 1. The Limit of mto of 
tuxes assessed on property, exclusive of the state tax, cuVcs""'" 
county tax and sums recjuired by law to be raised on 
account of the cit}^ debt, shall not exceed in any year in 
the city of Boston ten and one half dollars, and in any 
other city twelve dollars, on every one thousand dollars 
of the average of the assessors' vahiations of the taxable 
property therein for the preceding three years, the valuation 
for each year being first reduced by the amount of all al)ate- 
ments allowed thereon previous to the thirty-tirst day of 
December in the year preceding said assessment, and any 
order or ap})ropriation requiring a larger assessment than 
is herein limited shall ha void. 

Section 2. Chapter one hundred and seventy-eight of ^^v^^^- 
the acts of the year eighteen hundred and eighty-five and 
chapter two hundred and eighty-one of the acts of the year 
eighteen hundred and eighty-seven are hereby repealed. 

Section 3. This act shall take eft'ect upon its passage. 

Approved June 26, 1900. 

An Act to abolish the police court of Gloucester and to f^i^f^.y. 400 

ESTABLISH THE DISTRICT COURT OF EASTERN ESSEX. ^ 

Be it enacted, etc., asfoUoios: 

Section 1. The police court of Gloucester is hereby PoUce court of 

i_ 1 • 1 J Gloucester 

abolished. abolished. 

Section 2. A court is hereby established in Glouces- District court 
ter, under the name of the District Court of Eastern Essex, EsfeTl^s." 
and the district and territory now included in Gloucester, tabhshed, etc. 
Rockport and Essex shall constitute a judicial district 
under the jurisdiction of said court. 

Section 3. Said court shall have a proper seal, and Jimsdiction, 
shall have the same civil and criminal jurisdiction in all 
respects as that heretofore possessed by the police court 
of Gloucester. 

Section 4. All civil and criminal cases and proceed- Pending pro. 

,. . -IT • ceedingg to be 

ings pending in or returnable to said police court ot transferred, etc. 
Gloucester when this act takes full effect shall be trans- 
ferred to or returned into said district court of eastern 
Essex, which shall thereafter have jurisdiction thereof. 

Section 5. There shall be one justice and two special Jnsticesand 

J i clerk, etc. 

justices and a clerk of said court, appointed in the manner 
and with the tenure of office respectively provided in the 
case of justices and clerks of other district courts. All 



su 



Acts, 1900. — Chaps. 401, 402. 



Salaries. 



Records to re- 
main in custody 
of clerk. 



When to take 
effect. 



the provisions of law applicable in common to other district 
courts shall be applicable to said court. 

Section 6. The salary of the justice of said court shall 
be eighteen hundred dollars a year, and the salary of the 
clerk therof shall be one thousand dollars a year. 

Section 7. The records of said police court of Glouces- 
ter shall remain in the custody of the clerk of said district 
court of eastern Essex. 

Section 8. This act shall take effect upon its passage 
so far as it provides for appointing, commissioning and 
qualifying the justice and special justices and clerk of the 
court hereby established, and shall take full effect on the 
first day of July in the year nineteen hundred. 

Approved June 26 , 1900. 



ChajjAOl 



The New Bed- 
ford Police 
Association 
may pay a cer- 
tain sum to 
members. 



An Act relative to the new Bedford police association. 

Be it enacted, etc., as follows : 

Section 1. The New Bedford Police Association, a 
corporation duly established by law, acting by its board 
of directors, is hereby authorized to pay or cause to be 
paid from its contingent fund to any member in good 
standing, upon the death of his wife, the sum of one hun- 
dred dollars. 

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

Appi-oved June 27, 1900. 



The city of 
North Adams 
may take cer- 
tain land, etc., 
for a public 
park. 



(77^(179.402 -^^ -^^"^ "^O AUTHORIZE THE CITY OF NORTH ADAMS TO TAKE LAND 

FOR A PUBLIC PARK. 

Be it enacted, etc., asfoUoios: 

Section 1. The city of North Adams is hereby author- 
ized to take land and rights in land on the east side of 
North Church street in that city, by gift, purchase, emi- 
nent domain or otherwise, and the city is also hereby 
authorized to take the land on the east side of North 
Church street, formerly used as a public burial ground 
and known as the North Church Street Cemetery, the 
record title to which is in the names of the deacons of the 
First Baptist Church of North Adams as trustees, and 
the rights in land and rights of way connected therewith, 
by purchase, eminent domain or otherwise, and to hold 
and maintain all such land and rights in land, and rights 
Removal of of Way for a public park or common, and may, subject to 
dead.'etc?* the provlsious of section three of this act, remove the 



Acts, 1900. — Chap. 40:^. 345 

remains of the dead and tlic monuments erected to their 
memory in tlio said ceniotcry to lots in Southview Ceme- 
tery in said city, and shall pay all expenses incident to 
the removal of the remains and the re-erection of said 
monuments. The owners of lots in the North Church <^'^^'n<''^?o^iot? , 

1111 "11 •! *■" rt'ceive burial 

Street Cemetery shall be entitled to receive by proper lots in somh- 
conveyance in exchange therefor burial lots in the South- IW^ ^^'^ '^'^^' 
view Cemetery, and in such exchange the relative size, 
situation and value of lots so exchanged, with all improve- 
ments, shall be considered. Said park shall be called 
Colegrove Park. 

Section 2. Said city shall fix a time for the removal ^^MHo^/re"^ 
of said remains and monuments, and shall publish notice moyaiofre- 

, . 1 1 • 1 • I • niains, etc., to 

thereot once each week tor three successive weeks m be published. 
some newspaper published in the city, the last publication 
thereof to be at least seven days before the time fixed for 
said removal. 

Section 3. Upon a request in writing by any relative Expense of re- 

,. .,~ '■ , . ji !•! niosal, etctobe 

or iriend ot one whose remains are to be removed said borne by city in 
remains may be interred and said monuments erected in ''^'*'''° °'^^^^' 
any other cemetery, and the expense of the removal from 
the North Church Street Cemetery of such remains, for a 
distance not exceeding twenty miles, their re-interment 
and the re-erection of any monument to their memory, 
shall be borne by the city of North Adams. 

Section 4. The deacons of the First Baptist Church Real estate may 
of North Adams are hereby authorized to convey said real cuy.""^^^^ 
estate to the city of North Adams. 

Section 5. The city council of North Adams shall i>a™''g««- 
estimate and determine as near as may be, and the city 
shall pay, all damages sustained by any person or corpo- 
ration by the taking of land or rights in land in execution 
of the powers herein granted, but any party aggrieved 
by such determination may have the damages assessed, 
and they may be recovered, in the manner provided by 
law with respect to damages sustained by reason of the 
laying out of ways. If upon trial damages shall be in- 
creased beyond the award the party shall recover costs ; 
otherwise he shall pay costs, and costs shall be taxed as in 
civil cases. Within sixty days after the taking of any Deacriptionof 
land under this act the city of North Adams shall file and co°ded, e^c?' 
cause to be recorded in the proper registry of deeds a 
description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same was 



346 



Acts, 1900. 



Chaps. 403, 404. 



May incur in- 
debtedness be 



taken ; and no suit for damages shall be brought after the 
expiration of two years from the date of such recording. 
Section 6. The city of North Adams may raise, 
yond debt limit, appropriate and expend such sums of money as may be 

issue notes, iii fi i- ii» 

etc. deemed best for the purposes ot this act and the improve- 

ment of the said park, and may incur indebtedness beyond 
the limit of indebtedness fixed by law and may issue notes 
or scrip therefor. But the indebtedness so incurred be- 
yond the debt limit shall not exceed one fourth of one per 
cent of the assessed valuation of North Adams. The se- 
curities so issued shall be payable within thirty years from 
the date thereof, and it shall not be necessary to establish 
a sinking fund for the payment of the same unless the city 
shall so vote. The provisions of chapter twenty-nine of 
the Public Statutes and of acts in amendment thereof and 
in addition thereto shall, except as herein otherwise pro- 
vided, apply to the indebtedness hereby authorized and 
to the securities issued hereunder. 

Section 7. This act shall take effect upon its passage. 

Approved June 27, 1900. 



p. 8. 29, etc., to 
apply. 



ChcipAOS ^N Act making ak appropriation for expenses in connection 

WITH THE WORK OF EXTERMINATING THE GYPSY MOTH. 



Extermination 
of gypsy moth. 



as follows . 



A sum not exceedinfi: eighteen thousand 



Be it enacted, etc 

Section 1. 
dollars is hereby appropriated, to be paid out of the treas 
ury of the Commonwealth from the ordinary revenue, to 
be expended under the direction of the state board of 
agriculture, as authorized by chapter two hundred and ten 
of the acts of the year eighteen hundred and ninety-one, 
for meeting expenses in connection with the extermination 
of the gypsy moth between the first day of January and 
the first day of May of the present year. 

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

Approved June 27, 1900. 



OJlCipA04: An Act relative to contracts between cities and TOWNS AND 
THE MASSACHUSETTS HIGHWAY COMMISSION FOR THE CONSTRUC- 
TION OF STATE HIGHWAYS. 

Be it enacted, etc., as follows : 

Section 1. Section four of chapter four hundred and 
ninety-seven of the acts of the year eighteen hundred and 
ninety-four is hereby amended by striking out the word 



1894, 497, § 4, 
amended. 



Acts, 1900. — Chap. 401. 347 



"thirty", in lino thirteen, and inserting in place thereof 

the word : — ten, — so as to read as follows : — Section 4. J;f '}f4',"''"''" °^ 

Said commission shall, when about to construct any high- notice to ciUes 

. I .. 1. . I-1 'ii'i and towns, bids, 

wa}', give to each city and town in which said highway proposals, etc. 
lies a certitiod copy of the plans and specifications for said 
highway, with a notice that said commission is ready for 
the construction of said road. Such city or town shall 
have the right, without advertisement, to contract with 
said commission for the construction of so much of such 
highway as lies within its limits, in accordance with the 
plans and specifications, and under its supervision and 
subject to its ai)})roval, at a price agreed upon between 
said commission and said city or town. If said city or 
town shall not elect to so contract within ten days said 
commission shall advertise in two or more papers published 
in the county where the road or portion of it is situated, 
and in three or more daily papers published in Boston, 
for bids for the construction of said highway under their 
supervision and subject to their approval, in accordance 
with plans and specifications to be furnished by said com- 
mission. Such advertisement shall state the time and 
place for opening the proposals in answer to said adver- 
tisements, and reserve the right to reject any and all pro- 
posals. All such proposals shall be sealed and shall be 
kept by the board, and shall be open to public inspection 
after said proposals have been accepted or rejected. Said 
commission may reject any or all bids, or if a bid is satis- 
factory they shall, with the approval of the governor and 
council, make a contract in writing on behalf of the Com- 
monwealth for said construction, and shall require of the 
contractor a bond for at least twenty-five per cent of the 
contract price to indemnify any city or town in which such 
highway lies, against damage while such road is being con- 
structed ; and the Commonw^ealth shall not be liable for 
any damage occasioned thereby. All construction of state construction to 
roads shall be fairly apportioned by said commission among amongThe c'lTf- 
the diflerent counties, and not more than ten miles of state f^rent counties. 
road shall be constructed in any one county in any one 
year on petition as aforesaid, without the previous ap- 
proval thereof in writing by the governor and council. 
Section 2. This act shall take effect upon its passage. 

Approved June 27, 1900. 



348 



Acts, 1900. — Chap. 405. 



Board of Survey 
for Cambridge, 
appointment, 
terms, etc. 



Ch(ip.4:05 ^^ ■^^'^ '^^ ESTABLISH A BOAKD OF SURVEY FOR THE CITY OF 

CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1 . The mayor of the city of Cambridge shall 
appoint, in .January in the year nineteen hundred and one, 
subject to confirmation by the board of aldermen of said 
city, three persons, citizens of said city, to constitute a 
Board of Survey for said city, to serve, one for the term 
of one year, one for the term of two years and one for the 
term of three years from the first day of January in said 
year and until their respective successors are appointed 
and confirmed ; and thereafter the mayor of said city shall 
appoint annually, in the month of January, subject to con- 
firmation by the board of aldermen of said city, one citizen 
of said city, to serve as a member of said board for the 
term of three years from the first day of January in that 
year or until his successor is appointed and confirmed. 
Any vacancy occurring in said board shall be filled by an 
appointment as aforesaid for the remainder of the unexpired 
term. The salaries of the members of said board shall be 
fixed by ordinance. 

Section 2. Any person or corporation contemplating 
laying out or locating and constructing any street or way 
in said city after the passage of this act shall before begin- 
ning such construction submit to said board of survey 
suitable plans, to be prepared in accordance with such 
rules and regulations as said board may prescribe. Upon 
the receipt of such plans, together with a petition for their 
approval, said board shall give a public hearing thereon, 
after advertising such hearing once a week for two suc- 
cessive weeks in a newspaper published in said city, the 
last advertisement to be at least two days before the hear- 
ing ; and after such hearing said board may alter such 
plans and determine where such street or way shall be 
located, and the widths and grades thereof, and shall so 
designate on said plans. Said plans shall then be ap- 
proved, signed by said board, marked as made under the 
provisions of this act, and filed in the office of the city 
engineer of said city, who shall attest thereon the date 
of filing. 

Section 3. The board of survey shall from time to 
time cause to be made under its direction plans of such 
territory or sections of land in said city as said board 



Vacancy, etc. 



Plans of streets 
or ways to be 
submitted to 
board, etc. 



Public hearing 
to be given, etc. 



Plans to be 
made showing 
location of 
streets or ways 
etc. 



Acts, 1900. — Ciiap. 405. 349 

mav deem necessary, showing thereon the location of 
such streets or ways, whether already laid out or not, as 
said board shall be of opinion the present or future in- 
terests of the public will require in such territory, show- 
ing clearly the directions, widths and grades of each street 
or wa}', and may employ such assistants and incur such 
expenses as it ma>' deem necessary therefor, not exceeding 
the amount of money appropriated by the city for the 
purpose. Before making any such plan the board shall fj^be'" iV^e^n ' etc 
give a public hearing as to the locations, directions, widths 
and grades of streets or ways in the territory to be shown 
on the plan, after advertising such hearing once a week 
for two successive weeks in a newspaper })ublished in 
said city, the last advertisement to be at least two days 
before such hearing, and shall, after making any such 
plan, give a like notice of hearing, and a hearing thereon, 
and keep the plan open to public inspection for one month 
after the first advertisement of such hearing. After such 
hearing and after the alterations deemed necessary by said 
board have been made in such plan the plan shall be ap- 
proved, signed, marked, filed and attested as provided in 
case of plans mentioned in section two of this act. 

Section 4. The powers of the city council of said city certain powers 
and of either branch thereof in regard to highways shall etc!!*nor""" ' 
not be abridged by this act in any manner, except as pro- '''^''"'=*'''- 
vided in this section. After the passage of this act no conBtrunion of 
street or way in the city of Cambridge shown on any plan ftc!*^** °' '^"^''' 
filed as aforesaid shall be laid out, located anew, altered, 
widened or changed in grade, and no such street or way, 
whether already or hereafter laid out, shall be constructed 
by any public authority, except in accordance with the 
provisions of this act. If any person or corporation 
shall hereafter open for public travel any private way, the 
location, direction, widths and grades of which have not 
previously been approved in writing by said board of sur- 
vey in the manner provided in this act, then neither the 
city nor any other public authority shall place any pub- 
lic sewer, drain, water pipe or lamp in, or do any public 
work of any kind on, any private way opened to public 
travel contrary to the provisions of this act : provided. Proviso, 
hoivever, that this provision shall not prevent the laying 
of a trunk sewer, water or gas main, if it be required by 
engineering necessities. 

Bection 5. If any building shall hereafter be placed ofTunding'''at 
or erected in said city upon land within the boundaries of giades other 



350 



Acts, 1900. — Chaps. 406, 407. 



than those any street or way shown on any of the plans filed as afore- 
^ '^*^" said, or on land adjacent to any such street or way the 

grade of which at the time of placing or erecting such 
building is other than the grade shown on said plans, or 
on land adjacent to any street or way the plan and profile 
of which has not been approved by said board of survey, 
no damages caused to any building so placed or erected 
by the construction of such street or way, as shown on 
said plans, or caused to any building so placed or erected, 
or to the land upon which said building is placed or 
erected, by the subsequent change of grade of any street 
or way, the plan of which has not been approved by said 
board of survey, shall be recovered by or paid to the 
owner of the whole or any part of the estate of which the 
land upon which said building so placed or erected formed 
a part at the date of the first advertisement of hearing as 
aforesaid. 

Appropriations. Section 6. Said city may from time to time appro- 
priate sums of money to be expended by said board of 
survey for carrying out the provisions of this act. No 
expenditures shall be made in excess of such appropria- 
tions. 

Section 7. This act shall take efiiect upon its passage. 

Approved June 27, 1900. 



Railroad com- 
missioners. 



ChUV.AOG ^^ ^^'^ '^O ESTABLISH THE SALAEUES OF THE RAILROAD COMMIS- 
SIONERS. 

Be it enacted, etc. , as folloxos : 

Section 1. The annual salary of the chairman of the 
board of railroad commissioners shall be five thousand 
dollars, and that of the other commissioners four thousand 
dollars each. 

Section 2. So much of section ten of chapter one hun- 
dred and twelve of the Public Statutes as is inconsistent 
with this act is hereby repealed. 

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

Approved June 27, 1900. 



Repeal. 



Chcip»4:07 An Act to authorize the city op boston to pay a sum of 

MONEY TO THE WIDOW OF PATRICK J. MCCARTHY. 

Be it enacted, etc., as folloios: 
City of Boston SECTION 1. The citv of Bostou is hereby authorized to 

may pay a sum . . , *^ 

of money to pay to Julia B. McCarthy, widow of Patrick J. McCarthy 



Acts, 1900. — Chaps. 408, 409. 351 

late a member of the fire department of the city of Boston, JuUaB. 
the remainder of the salary to which he would have been *^ ^^ ^' 
entitled had he lived and continued to serve as a member 
of such department until the close of the present fiscal 
year. 

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

Approved June 27^ 1900. 



An Act to establish the salaries of the judges of probate and 
insolvency for the county of worcester and the county of 



ChapAOS 



Be it enacted, etc., asfolloios: 

Section 1. The judges of probate and insolvency for Judges of pro. 
the county of Worcester and for the county of Essex shall vency"woreeB. 
each receive a salary of forty-five hundred dollars a year, counties^*"^^ 

Section 2. Thisact shall take effect upon its passage. 

Approved. June 27, 1900. 

An Act relative to trials of speed and strength upon r^JiQi-) 409 

GROUNDS OF ASSOCIATIONS FOR ENCOURAGING THE RAISING OF 
CHOICE BREEDS OF HORSES. 

Be it enacted, etc., as follows: 

Section 1. Associations formed under chapter one Certain associa- 
hundred and fifteen of the Public Statutes and acts in tLn" grou^ndsXr 
addition thereto and amendment thereof, for encouraging tHaisufTpeed** 
the raising of choice breeds of horses, may establish and horseritc °* 
maintain suitable grounds for exhibitions and trials of speed 
or strength of horses ; may arrange for and advertise such 
exhibitions and trials upon such grounds ; may collect 
admission fees from persons desirous of witnessing such 
exhil)itions or trials, and may award purses or premiums 
to the participants therein : jjrovnied, that such purses or Proviso, 
premiums are raised solely from voluntary subscriptions 
to the funds of such associations, charges for admission to 
witness such exhibitions and trials, and entry fees paid 
for entering horses in such exhibitions and trials. 

Section 2. This act shall not aftect or repeal any law certain laws 

i... . iji' 111' ' not affected